AB133-ASA1-AA2,194,63
50.39
(2) The use of the title "hospital" to represent or identify any facility
4which does not meet the definition of a "hospital" as provided herein or is not subject
5to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed
6by
ss.
s. 51.09
and 252.073 are exempt.
AB133-ASA1-AA2,194,168
50.39
(3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09
,
958.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s.
10938.02 (15m), correctional institutions governed by the department of corrections
11under s. 301.02 and the offices and clinics of persons licensed to treat the sick under
12chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do
13not abridge the rights of the medical examining board, physical therapists affiliated
14credentialing board, podiatrists affiliated credentialing board, dentistry examining
15board, pharmacy examining board, chiropractic examining board and board of
16nursing in carrying out their statutory duties and responsibilities.".
AB133-ASA1-AA2,194,2019
51.01
(14k) "Secured child caring institution" has the meaning given in s.
20938.02 (15g).
AB133-ASA1-AA2,194,2322
51.01
(14m) "Secured correctional facility" has the meaning given in s. 938.02
23(15m).
AB133-ASA1-AA2,195,1
151.01
(14p) "Secured group home" has the meaning given in s. 938.02 (15p).".
AB133-ASA1-AA2,195,134
51.05
(2) The department may not accept for admission to a mental health
5institute any resident person, except in an emergency, unless the county department
6under s. 51.42 in the county where the person has legal residency authorizes the care,
7as provided in s. 51.42 (3) (as). Patients who are committed to the department under
8s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06,
9admitted by the department under s. 975.17, 1977 stats., or are transferred from a
10juvenile secured correctional facility
or, a secured child caring institution
, as defined
11in s. 938.02 (15g), or a secured group home to a state treatment facility under s. 51.35
12(3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not
13subject to this section.".
AB133-ASA1-AA2,195,1716
51.35
(3) (title)
Transfer of certain juveniles from juvenile correctional
17secured juvenile facilities and secured child caring institutions.
AB133-ASA1-AA2,196,1719
51.35
(3) (a) A licensed psychologist of a
juvenile secured correctional facility
20or a secured child caring institution
, as defined in s. 938.02 (15g), or a licensed
21physician of the department of corrections, who has reason to believe that any
22individual confined in the
facility or institution
secured correctional facility, secured
23child caring institution or secured group home is, in his or her opinion, in need of
24services for developmental disability, alcoholism or drug dependency or in need of
1psychiatric services, and who has obtained voluntary consent to make a transfer for
2treatment, shall make a report, in writing, to the superintendent of the
facility or
3institution secured correctional facility, secured child caring institution or secured
4group home, stating the nature and basis of the belief and verifying the consent. In
5the case of a minor age 14 and over, the minor and the minor's parent or guardian
6shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of
7a minor under the age of 14, only the minor's parent or guardian need consent. The
8superintendent shall inform, orally and in writing, the minor and the minor's parent
9or guardian, that transfer is being considered and shall inform them of the basis for
10the request and their rights as provided in s. 51.13 (3). If the department of
11corrections, upon review of a request for transfer, determines that transfer is
12appropriate, that department shall immediately notify the department of health and
13family services and, if the department of health and family services consents, the
14department of corrections may immediately transfer the individual. The
15department of
corrections health and family services shall file a petition under s.
1651.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the
17county where the treatment facility is located.
AB133-ASA1-AA2,197,1019
51.35
(3) (c) A licensed psychologist of a
juvenile secured correctional facility
20or a secured child caring institution
, as defined in s. 938.02 (15g), or a licensed
21physician of the department
of corrections, who has reason to believe that any
22individual confined in the
facility or institution
secured correctional facility, secured
23child caring institution or secured group home, in his or her opinion, is mentally ill,
24drug dependent or developmentally disabled and is dangerous as described in s.
2551.20 (1) (a) 2. a., b., c. or d., is mentally ill, is dangerous and satisfies the standard
1under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as described in s. 51.45
2(13) (a) 1. and 2., shall file a written report with the superintendent of the
facility or
3institution secured correctional facility, secured child caring institution or secured
4group home, stating the nature and basis of the belief. If the superintendent, upon
5review of the allegations in the report, determines that transfer is appropriate, he
6or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to
7exercise jurisdiction under chs. 48 and 938 of the county where the
secured 8correctional facility
or, secured child caring institution
or secured group home is
9located. The court shall hold a hearing according to procedures provided in s. 51.20
10or 51.45 (13).
AB133-ASA1-AA2,198,314
51.35
(3) (c) A licensed psychologist of a secured correctional facility or a
15secured child caring institution or a licensed physician of the department of
16corrections, who has reason to believe that any individual confined in the secured
17correctional facility, secured child caring institution or secured group home, in his
18or her opinion, is mentally ill, drug dependent or developmentally disabled and is
19dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as
20described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the
21superintendent of the secured correctional facility, secured child caring institution
22or secured group home, stating the nature and basis of the belief. If the
23superintendent, upon review of the allegations in the report, determines that
24transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45
25in the court assigned to exercise jurisdiction under ch. 48 of the county where the
1secured correctional facility, secured child caring institution or secured group home
2is located. The court shall hold a hearing according to procedures provided in s. 51.20
3or 51.45 (13).
AB133-ASA1-AA2,199,25
51.35
(3) (e) The department of corrections may authorize emergency transfer
6of an individual from a
juvenile secured correctional facility
or, a secured child caring
7institution
, as defined in s. 938.02 (15g), or
a secured group home to a state treatment
8facility if there is cause to believe that the individual is mentally ill, drug dependent
9or developmentally disabled and exhibits conduct which constitutes a danger as
10described under s. 51.20 (1) (a) 2. a., b., c. or d. to the individual or to others, is
11mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is
12an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian
13of the sending
facility or institution secured correctional facility, secured child caring
14institution or secured group home shall execute a statement of emergency detention
15or petition for emergency commitment for the individual and deliver it to the
16receiving state treatment facility. The department of health and family services
17shall file the statement or petition with the court within 24 hours after the subject
18individual is received for detention or commitment. The statement or petition shall
19conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made,
20the director of the receiving facility may file a petition for continued commitment
21under s. 51.20 (1) or 51.45 (13) or may return the individual to the
facility or
22institution secured correctional facility, secured child caring institution or secured
23group home from which the transfer was made. As an alternative to this procedure,
24the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no
prisoner 25individual may be released without the approval of the court which directed
1confinement in the
secured correctional facility
or, secured child caring institution
2or secured group home.
AB133-ASA1-AA2,199,256
51.35
(3) (e) The department of corrections may authorize emergency transfer
7of an individual from a secured correctional facility, a secured child caring institution
8or a secured group home to a state treatment facility if there is cause to believe that
9the individual is mentally ill, drug dependent or developmentally disabled and
10exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to
11the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45
12(13) (a) 1. and 2. The custodian of the sending secured correctional facility, secured
13child caring institution or secured group home shall execute a statement of
14emergency detention or petition for emergency commitment for the individual and
15deliver it to the receiving state treatment facility. The department of health and
16family services shall file the statement or petition with the court within 24 hours
17after the subject individual is received for detention or commitment. The statement
18or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency
19transfer is made, the director of the receiving facility may file a petition for continued
20commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the
21secured correctional facility, secured child caring institution or secured group home
22from which the transfer was made. As an alternative to this procedure, the
23procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual
24may be released without the approval of the court which directed confinement in the
25secured correctional facility, secured child caring institution or secured group home.
AB133-ASA1-AA2,200,122
51.35
(3) (g) A minor 14 years of age or older who is transferred to a treatment
3facility under par. (a) may request in writing a return to the
juvenile secured 4correctional facility
or, secured child caring institution
, as defined in s. 938.02 (15g) 5or secured group home. In the case of a minor under 14 years of age, the parent or
6guardian may make the request. Upon receipt of a request for return from a minor
714 years of age or over, the director shall immediately notify the minor's parent or
8guardian. The minor shall be returned to the
juvenile
secured correctional facility
9or, secured child caring institution
or secured group home within 48 hours after
10submission of the request unless a petition or statement is filed for emergency
11detention, emergency commitment, involuntary commitment or protective
12placement.".
AB133-ASA1-AA2,201,318
59.08
(7) (b) The question of the consolidation of the counties shall be submitted
19to the voters at the next election
authorized under s. 8.065 (2) or an election
20authorized under 8.065 (3) to be held on
the first Tuesday in April, or the next regular
21election, or at a special election to be held on a date specified in the order which shall
22be no sooner than 45 days after the
day fixed in
date of the order issued under par.
23(a), which
day date shall be the same in each of the counties proposing to consolidate.
24A copy of the order shall be filed with the
county clerk of each of the counties.
If the
1question of consolidation is submitted at a special election, it shall be held not less
2than 30 days nor more than 60 days from the completion of the consolidation
3agreement, but not within 60 days of any spring or general election.".
AB133-ASA1-AA2,201,8
651.48 Alcohol and other drug testing of minors. A minor's parent or
7guardian may consent to have the minor tested for the presence of alcohol or other
8drugs in the minor's body. Consent of the minor is not required under this section.".
AB133-ASA1-AA2,201,13
12"
Section 1577p. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (am)
13and amended to read:
AB133-ASA1-AA2,202,414
59.52
(29) (am)
All Except as provided in par. (c) 2., all public work, including
15any contract for the construction, repair, remodeling or improvement of any public
16work, building, or furnishing of supplies or material of any kind where the estimated
17cost of such work will exceed
$20,000 $30,000 shall be let by contract to the lowest
18responsible bidder. Any public work, the estimated cost of which does not exceed
19$20,000 $30,000, shall be let as the board may direct. If the estimated cost of any
20public work is between $5,000 and
$20,000 $30,000, the board shall give a class 1
21notice under ch. 985 before it contracts for the work or shall contract with a person
22qualified as a bidder under s. 66.29 (2). A contract, the estimated cost of which
23exceeds
$20,000 $30,000, shall be let and entered into under s. 66.29, except that the
24board may by a three-fourths vote of all the members entitled to a seat provide that
1any class of public work or any part thereof may be done directly by the county
2without submitting the same for bids. This subsection does not apply to highway
3contracts which the county highway committee or the county highway commissioner
4is authorized by law to let or make.
AB133-ASA1-AA2,202,86
59.52
(29) (c) 1. In this paragraph, "design-build construction process" means
7a procurement process under which the engineering, design and construction
8services are provided by a single entity.
AB133-ASA1-AA2,202,109
2. Any public works contract described in par. (a), the estimated cost of which
10exceeds $500,000, may be let using the design-build construction process.
AB133-ASA1-AA2,202,1311
(d) If a county wishes to construct a public work using the design-build
12construction process, the county shall use a selection process that contains the
13following procedures:
AB133-ASA1-AA2,202,2014
1. The county shall issue a request for proposals from design-build teams by
15publishing a class 1 notice under ch. 985. The notice shall include a project statement
16that describes the space needs and design goals for the project, detailed submission
17requirements, selection procedures, site information, an outline of specifications for
18the project, a budget for the project, a project schedule, the composition of the
19selection panel and the approximate amount of the bond that the county will require
20under par. (e).
AB133-ASA1-AA2,203,621
2. Following receipt of the proposals, the county shall select 5 or less
22design-build teams to participate in the final stage of the selection process. The
23selection of teams under this subdivision shall be based on factors that include the
24background, experience and qualifications of the members of the teams; the financial
25strength and surety capacity of the teams; the quality of the initial proposal; and the
1past performance and current workload of the teams. The county selection panel
2that selects the teams under this subdivision for the final selection process under
3subd. 3. may include design and construction professionals who work for the county
4or are hired by the county to assist in the selection, members of the county board and
5representatives from the county entity that will use the facility that is to be
6constructed under the selection process described in this paragraph.
AB133-ASA1-AA2,203,177
3. The county shall make a final selection from among the teams selected under
8subd. 2. if the county determines that at least one of the teams selected as a finalist
9under subd. 2. will be able to construct the public work in a way that is satisfactory
10to the county. The final selection shall be made following interviews and
11presentations from the finalists, based on criteria that are published as a class 1
12notice under ch. 985. The notice shall state the weight that is given to each criterion.
13The criteria to be used in making a final selection under this subdivision may include
14the quality of the proposed design, the construction approach to be used to complete
15the project, the extent to which a proposal demonstrates compliance with the project
16statement described under subd. 1., the proposed management plan for the project,
17the estimated cost of the project and a guaranteed maximum price for the project.
AB133-ASA1-AA2,203,2118
(e) If the county selects a design-build team under par. (d) 3. and enters into
19a contract for the construction of the project, the design-build team shall obtain
20bonding, in an amount specified by the county, to guarantee completion of the project
21according to the terms of the contract.".
AB133-ASA1-AA2,204,2
159.52
(29) (ae) In this subsection, "labor organization" has the meaning given
2in s. 5.02 (8m).
AB133-ASA1-AA2,204,94
59.52
(29) (b) The provisions of par.
(a) (am) are not mandatory for the repair
5or reconstruction of public facilities when damage or threatened damage thereto
6creates an emergency, as determined by resolution of the board, in which the public
7health or welfare of the county is endangered. Whenever the board by majority vote
8at a regular or special meeting determines that an emergency no longer exists, this
9paragraph no longer applies.
AB133-ASA1-AA2,204,1311
59.52
(29) (f) The board shall ensure that the specifications for bids and
12contracts for construction projects entered into under this subsection do not do any
13of the following:
AB133-ASA1-AA2,204,1614
1. Require any bidder, contractor or subcontractor to enter into or to adhere to
15an agreement with any labor organization concerning services to be performed in
16relation to the project or a related project.
AB133-ASA1-AA2,204,1917
2. Discriminate against any bidder, contractor or subcontractor for refusing to
18enter into or continue to adhere to an agreement with any labor organization
19concerning services to be performed in relation to the project or a related project.
AB133-ASA1-AA2,204,2220
3. Require any bidder, contractor or subcontractor to enter into, continue to
21adhere to or enforce any agreement that requires its employes, as a condition of
22employment, to do any of the following:
AB133-ASA1-AA2,204,2323
a. Become members of or become affiliated with a labor organization.
AB133-ASA1-AA2,205,3
1b. Make payments to a labor organization, without the authorization of the
2employes, exceeding the employes' proportionate share of the cost of collective
3bargaining, contract administration and grievance adjustment.
AB133-ASA1-AA2,205,84
(g) Any taxpayer of this state or any other person who enters into contracts or
5subcontracts for building construction services may bring an action to require
6compliance with par. (f). If that person prevails in his or her action, the court shall
7award to that person reasonable actual attorney fees in addition to other costs
8allowed to prevailing parties under ch. 814.".
AB133-ASA1-AA2,205,1713
59.692
(6m) For an amendment to an ordinance enacted under this section that
14affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the
15department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the
16amendment, to determine whether the ordinance, as amended, fails to meet the
17shoreland zoning standards.".
AB133-ASA1-AA2,205,2320
60.47
(2) (a) No town may enter into a public contract with an estimated cost
21of more than $5,000 but not more than
$10,000 $30,000 unless the town board, or a
22town official or employe designated by the town board, gives a class 1 notice under
23ch. 985 before execution of that public contract.
AB133-ASA1-AA2,206,5
160.47
(2) (b) No town may enter into a public contract with a value of more than
2$10,000 $30,000 unless the town board, or a town official or employe designated by
3the town board, advertises for proposals to perform the terms of the public contract
4by publishing a class 2 notice under ch. 985. The town board may provide for
5additional means of advertising for bids.
AB133-ASA1-AA2,206,107
60.47
(2m) Design-build contracts. Any public contract under sub. (2), the
8estimated cost of which exceeds $500,000, may be let using the design-build
9construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e),
10as it applies to counties, applies to towns.
AB133-ASA1-AA2,206,1512
60.47
(3) Contracts to lowest responsible bidder. The Except as provided in
13sub. (2m), the town board shall let a public contract for which advertising for
14proposals is required under sub. (2) (b) to the lowest responsible bidder. Section
1566.29 applies to public contracts let under sub. (2) (b).
AB133-ASA1-AA2,206,2417
60.47
(5) Exception for emergencies
and donated materials and labor. This
18section is optional with respect to public contracts for the repair and construction of
19public facilities when damage or threatened damage to the facility creates an
20emergency, as declared by resolution of the town board, that endangers the public
21health or welfare of the town. This subsection no longer applies when the town board
22declares that the emergency no longer exists.
This section is optional with respect
23to a public contract if the materials related to the contract are donated or if the labor
24that is necessary to execute the public contract is provided by volunteers.".
AB133-ASA1-AA2,207,63
60.62
(2) If the county in which the town is located has enacted a zoning
4ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to
5approval by the town meeting or by a referendum vote of the electors of the town
to
6be held
at the time of any regular or special election in accordance with s. 8.065.".
AB133-ASA1-AA2,207,1010
60.47
(1) (ae) "Labor organization" has the meaning given in s. 5.02 (8m).
AB133-ASA1-AA2,207,1412
60.47
(5m) Contracts with labor organizations. (a) The town board shall
13ensure that the specifications for bids and contracts for construction projects entered
14into under this section do not do any of the following:
AB133-ASA1-AA2,207,1715
1. Require any bidder, contractor or subcontractor to enter into or to adhere to
16an agreement with any labor organization concerning services to be performed in
17relation to the project or a related project.