AB133-ASA1,752,322
50.49
(4) Licensing, inspection and regulation. The Except as provided in sub.
23(6m), the department may register, license, inspect and regulate home health
24agencies as provided in this section. The department shall ensure, in its inspections
25of home health agencies, that a sampling of records from private pay patients are
1reviewed. The department shall select the patients who shall receive home visits as
2a part of the inspection. Results of the inspections shall be made available to the
3public at each of the regional offices of the department.
AB133-ASA1,752,75
50.49
(6m) Exceptions. None of the following is required to be licensed as a
6home health agency under sub. (4), regardless of whether any of the following
7provides services that are similar to services provided by a home health agency:
AB133-ASA1,752,88
(a) A care management organization, as defined in s. 46.2805 (1).
AB133-ASA1,752,99
(b) A program specified in s. 46.2805 (1) (a).
AB133-ASA1,752,1010
(c) A demonstration program specified in s. 46.2805 (1) (b).
AB133-ASA1,752,1313
51.03
(1g) In this section:
AB133-ASA1,752,1714
(a) "Early intervention" means action to hinder or alter a person's mental
15disorder or abuse of alcohol or other drugs in order to reduce the duration of early
16symptoms or to reduce the duration or severity of mental illness or alcohol or other
17drug abuse that may result.
AB133-ASA1,752,2518
(b) "Individualized service planning" means a process under which a person
19with mental illness or who abuses alcohol or other drugs and, if a child, his or her
20family, receives information, education and skills to enable the person to participate
21mutually and creatively with his or her mental health or alcohol or other drug abuse
22service provider in identifying his or her personal goals and developing his or her
23assessment, crisis protocol, treatment and treatment plan. "Individualized service
24planning" is tailored to the person and is based on his or her strengths, abilities and
25needs.
AB133-ASA1,753,4
1(c) "Prevention" means action to reduce the instance, delay the onset or lessen
2the severity of mental disorder, before the disorders may progress to mental illness,
3by reducing risk factors for, enhancing protections against and promptly treating
4early warning signs of mental disorder.
AB133-ASA1,753,95
(d) "Recovery" means the process of a person's growth and improvement,
6despite a history of mental illness or alcohol or other drug abuse, in attitudes,
7feelings, values, goals, skills and behavior and is measured by a decrease in
8dysfunctional symptoms and an increase in maintaining the person's highest level
9of health, wellness, stability, self-determination and self-sufficiency.
AB133-ASA1,753,1310
(e) "Stigma" means disqualification from social acceptance, derogation,
11marginalization and ostracism encountered by persons with mental illness or
12persons who abuse alcohol or other drugs as the result of societal negative attitudes,
13feelings, perceptions, representations and acts of discrimination.
AB133-ASA1,753,1615
51.03
(4) Within the limits of available state and federal funds, the department
16may do all of the following:
AB133-ASA1,753,2317
(a) Promote the creation of coalitions among the state, counties, providers of
18mental health and alcohol and other drug abuse services, consumers of the services
19and their families and advocates for persons with mental illness and for alcoholic and
20drug dependent persons to develop, coordinate and provide a full range of resources
21to advance prevention; early intervention; treatment; recovery; safe and affordable
22housing; opportunities for education, employment and recreation; family and peer
23support; self-help; and the safety and well-being of communities.
AB133-ASA1,754,424
(b) In cooperation with counties, providers of mental health and alcohol and
25other drug abuse services, consumers of the services, interested community
1members and advocates for persons with mental illness and for alcoholic and drug
2dependent persons, develop and implement a comprehensive strategy to reduce
3stigma of and discrimination against persons with mental illness, alcoholics and
4drug dependent persons.
AB133-ASA1,754,95
(c) Develop and implement a comprehensive strategy to involve counties,
6providers of mental health and alcohol and other drug abuse services, consumers of
7the services and their families, interested community members and advocates for
8persons with mental illness and for alcoholic and drug dependent persons as equal
9participants in service system planning and delivery.
AB133-ASA1,754,1110
(d) Promote responsible stewardship of human and fiscal resources in the
11provision of mental health and alcohol and other drug abuse services.
AB133-ASA1,754,1312
(e) Develop and implement methods to identify and measure outcomes for
13consumers of mental health and alcohol and other drug abuse services.
AB133-ASA1,754,1614
(f) Promote access to appropriate mental health and alcohol and other drug
15abuse services regardless of a person's geographic location, age, degree of mental
16illness, alcoholism or drug dependency or availability of personal financial resources.
AB133-ASA1,754,1817
(g) Promote consumer decision making to enable persons with mental illness
18and alcohol or drug dependency to be more self-sufficient.
AB133-ASA1,754,2319
(h) Promote use by providers of mental health and alcohol and other drug abuse
20services of individualized service planning, under which the providers develop
21written individualized service plans that promote treatment and recovery, together
22with service consumers, families of service consumers who are children and
23advocates chosen by consumers.
AB133-ASA1,755,3
151.03
(5) The department shall ensure that providers of mental health and
2alcohol and other drug abuse services who use individualized service plans, as
3specified in sub. (4) (h), do all of the following in using a plan:
AB133-ASA1,755,44
(a) Establish meaningful and measurable goals for the consumer.
AB133-ASA1,755,65
(b) Base the plan on a comprehensive assessment of the consumer's strengths,
6abilities, needs and preferences.
AB133-ASA1,755,77
(c) Keep the plan current.
AB133-ASA1,755,88
(d) Modify the plan as necessary.
AB133-ASA1,755,1410
51.06
(1) (d)
At the southern center for developmentally disabled, services 11Services for up to
10 36 individuals with developmental disability who are also
12diagnosed as mentally ill or who exhibit extremely aggressive and challenging
13behaviors
and at the northern center for developmentally disabled, services for up
14to 12 such individuals.
AB133-ASA1,755,2516
51.07
(3) The department may provide outpatient services only to patients
17contracted for with county departments under ss. 51.42 and 51.437 in accordance
18with s. 46.03 (18), except for those patients whom the department finds to be
19nonresidents of this state and
those patients specified in sub. (4) (a) persons receiving
20services under contracts under s. 46.043. The full and actual cost less applicable
21collections of services contracted for with county departments under s. 51.42 or
2251.437 shall be charged to the respective county department under s. 51.42 or 51.437.
23The state shall provide the services required for patient care only if no outpatient
24services are funded by the department in the county or group of counties served by
25the respective county department under s. 51.42 or 51.437.
AB133-ASA1,756,63
51.42
(3) (ar) 17. If authorized under s. 46.283 (1) (a) 1., apply to the department
4of health and family services to operate a resource center under s. 46.283 and, if the
5department contracts with the county under s. 46.283 (2), operate the resource
6center.
AB133-ASA1,756,118
51.42
(3) (ar) 18. If authorized under s. 46.284 (1) (a) 1., apply to the department
9of health and family services to operate a care management organization under s.
1046.284 and, if the department contracts with the county under s. 46.284 (2), operate
11the care management organization and, if appropriate, place funds in a risk reserve.
AB133-ASA1,756,2513
51.42
(3) (as) 3. Care, services and supplies provided after December 31, 1973,
14to any person who, on December 31, 1973, was in or under the supervision of a mental
15health institute, or was receiving mental health services in a facility authorized by
16s. 51.08 or 51.09, but was not admitted to a mental health institute by the
17department of health and family services, shall be charged to the county department
18of community programs which was responsible for such care and services at the place
19where the patient resided when admitted to the institution. The department of
20health and family services
shall may bill county departments of community
21programs for care provided at the mental health institutes
at rates which
reflects the
22estimated per diem cost of specific levels of care, to be adjusted periodically by the
23department of health and family services
sets on a flexible basis, except that this
24flexible rate structure shall cover the cost of operations of the mental health
25institutes.
AB133-ASA1,757,82
51.42
(3) (aw) 1. d. Provide treatment and services that are specified in a
3conditional release plan approved by a court for a person who is a county resident and
4is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised
5release plan approved by a court under s. 980.06 (2) (c)
, 1997 stats., or
s. 980.08 (5).
6If the county department provides treatment and services under this subdivision, the
7department of health and family services shall, from the appropriation under s.
820.435 (2) (bj), pay the county department for the costs of the treatment and services.
AB133-ASA1,757,2110
51.42
(3) (e)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
11(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
12(3) (c) and 938.78 (2) (a), any subunit of a county department of community programs
13acting under this section may exchange confidential information about a client,
14without the informed consent of the client, with any other subunit of the same county
15department of community programs
, with a resource center, care management
16organization or family care district, or with any person providing services to the
17client under a purchase of services contract with the county department of
18community programs
or with a resource center, care management organization or
19family care district, if necessary to enable an employe or service provider to perform
20his or her duties, or to enable the county department of community programs to
21coordinate the delivery of services to the client.
AB133-ASA1,758,1523
51.423
(2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and
24(o), the department shall distribute the funding for services provided or purchased
25by county departments under s. 46.23, 51.42 or 51.437 to such county departments
1as provided under s. 46.40. County matching funds are required for the distributions
2under s. 46.40 (2)
and (9) (b). Each county's required match
for the distributions
3under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions
4under s. 46.40 (2) for that year for which matching funds are required plus the
5amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
6delinquency-related services from its distribution for 1987.
Each county's required
7match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that
8county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds
9may be from county tax levies, federal and state revenue sharing funds or private
10donations to the counties that meet the requirements specified in sub. (5). Private
11donations may not exceed 25% of the total county match. If the county match is less
12than the amount required to generate the full amount of state and federal funds
13distributed for this period, the decrease in the amount of state and federal funds
14equals the difference between the required and the actual amount of county
15matching funds.
AB133-ASA1,758,2017
51.437
(4m) (n) If authorized under s. 46.283 (1) (a) 1., apply to the department
18of health and family services to operate a resource center under s. 46.283 and, if the
19department contracts with the county under s. 46.283 (2), operate the resource
20center.
AB133-ASA1,758,2522
51.437
(4m) (p) If authorized under s. 46.284 (1) (a) 1., apply to the department
23of health and family services to operate a care management organization under s.
2446.284 and, if the department contracts with the county under s. 46.284 (2), operate
25the care management organization and, if appropriate, place funds in a risk reserve.
AB133-ASA1,759,132
51.437
(4r) (b) Notwithstanding ss.
46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
351.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a),
4any subunit of the county department of developmental disabilities services acting
5under this section may exchange confidential information about a client, without the
6informed consent of the client, with any other subunit of the same county department
7of developmental disabilities services
, with a resource center, care management
8organization or family care district, or with any person providing services to the
9client under a purchase of services contract with the county department of
10developmental disabilities services
or with a resource center, care management
11organization or family care district, if necessary to enable an employe or service
12provider to perform his or her duties, or to enable the county department of
13developmental disabilities services to coordinate the delivery of services to the client.
AB133-ASA1,760,1817
59.25
(3) (f) 2. For all court imposed fines and forfeitures required by law to be
18deposited in the state treasury, the amounts required by s.
165.87 757.05 for the
19penalty assessment surcharge, the amounts required by s. 165.755 for the crime
20laboratories and drug law enforcement assessment, the amounts required by s.
21167.31 (5) for the weapons assessment, the amounts required by s. 973.045 for the
22crime victim and witness assistance surcharge, the amounts required by s. 938.34
23(8d) for the delinquency victim and witness assistance surcharge, the amounts
24required by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts
25required by s. 961.41 (5) for the drug abuse program improvement surcharge,
the
1amounts required by s. 100.261 for the consumer information assessment, the
2amounts authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 (1) for the
3domestic abuse assessment, the amounts required by s. 253.06 (4) (c) for the
4enforcement assessment under the supplemental food program for women, infants
5and children, the amounts required by ss. 346.177, 346.495 and 346.65 (4r) for the
6railroad crossing improvement assessment, the amounts required by s. 346.655 (2)
7(a) and (b) for the driver improvement surcharge, the amounts required by s. 102.85
8(4) for the uninsured employer assessment, the amounts required by s. 299.93 for the
9environmental assessment, the amounts required by s. 29.983 for the wild animal
10protection assessment, the amounts required by s. 29.987 for the natural resources
11assessment surcharge, the amounts required by s. 29.985 for the fishing shelter
12removal assessment, the amounts required by s. 350.115 for the snowmobile
13registration restitution payment and the amounts required by s. 29.989 for natural
14resources restitution payments, transmit to the state treasurer a statement of all
15moneys required by law to be paid on the actions entered during the preceding month
16on or before the first day of the next succeeding month, certified by the county
17treasurer's personal signature affixed or attached thereto, and at the same time pay
18to the state treasurer the amount thereof.
AB133-ASA1,761,2120
59.40
(2) (m) Pay monthly to the treasurer for the use of the state the state's
21percentage of the fees required to be paid on each civil action, criminal action and
22special proceeding filed during the preceding month and pay monthly to the
23treasurer for the use of the state the percentage of court imposed fines and forfeitures
24required by law to be deposited in the state treasury, the amounts required by s.
25165.87 (2) (b) 757.05 for the penalty assessment surcharge, the amounts required by
1s. 165.755 for the crime laboratories and drug law enforcement assessment, the
2amounts required by s. 167.31 (5) for the weapons assessment, the amounts required
3by s. 973.045 for the crime victim and witness assistance surcharge, the amounts
4required by s. 938.34 (8d) for the delinquency victim and witness assistance
5surcharge, the amounts required by s. 973.046 for the deoxyribonucleic acid analysis
6surcharge, the amounts required by s. 961.41 (5) for the drug abuse program
7improvement surcharge,
the amounts required by s. 100.261 for the consumer
8information assessment, the amounts authorized by s. 971.37 (1m) (c) 1. or required
9by s. 973.055 for the domestic abuse assessment surcharge, the amounts required by
10s. 253.06 (4) (c) for the enforcement assessment under the supplemental food
11program for women, infants and children, the amounts required by ss. 346.177,
12346.495 and 346.65 (4r) for the railroad crossing improvement assessment, the
13amounts required by s. 346.655 for the driver improvement surcharge, the amounts
14required by s. 102.85 (4) for the uninsured employer assessment, the amounts
15required by s. 299.93 for the environmental assessment, the amounts required under
16s. 29.983 for the wild animal protection assessment, the amounts required under s.
1729.987 (1) (d) for the natural resources assessment surcharge, the amounts required
18by s. 29.985 for the fishing shelter removal assessment, the amounts required by s.
19350.115 for the snowmobile registration restitution payment and the amounts
20required under s. 29.989 (1) (d) for the natural resources restitution payments. The
21payments shall be made by the 15th day of the month following receipt thereof.
AB133-ASA1,762,723
59.69
(3) (a) The county zoning agency shall direct the preparation of a county
24development plan or parts thereof for the physical development of the
25unincorporated territory within the county and areas within incorporated
1jurisdictions whose governing bodies by resolution agree to having their areas
2included in the county's development plan. The plan may be adopted in whole or in
3part and may be amended by the board and endorsed by the governing bodies of
4incorporated jurisdictions included in the plan. The county development plan, in
5whole or in part, in its original form or as amended, is hereafter referred to as the
6development plan.
The development plan shall contain at least the elements
7described in s. 66.0295.
AB133-ASA1, s. 1579
8Section
1579. 59.69 (3) (b) of the statutes is repealed and recreated to read:
AB133-ASA1,762,129
59.69
(3) (b) The development plan shall include the master plan, if any, of any
10city or village, which was adopted under s. 62.23 (2) or (3) and the official map, if any,
11of such city or village, which was adopted under s. 62.23 (6) in the county, without
12change.
AB133-ASA1,762,1714
59.692
(1) (bn) "Shoreland setback area" means an area in a shoreland that is
15within a certain distance of the ordinary high-water mark in which the construction
16or placement of buildings or structures has been limited or prohibited under an
17ordinance enacted under this section.
AB133-ASA1,762,2019
59.692
(1) (d) "Special zoning permission" has the meaning given in s. 59.69
20(15) (g).
AB133-ASA1,762,2422
59.692
(1v) A county shall grant special zoning permission for the construction
23or placement of a structure on property in a shoreland setback area if all of the
24following apply:
AB133-ASA1,763,2
1(a) The part of the structure that is nearest to the water is located at least 35
2feet landward from the ordinary high-water mark.
AB133-ASA1,763,53
(b) The total floor area of all of the structures in the shoreland setback area of
4the property will not exceed 200 square feet. In calculating this square footage,
5boathouses shall be excluded.
AB133-ASA1,763,76
(c) The structure that is the subject of the request for special zoning permission
7has no sides or has open or screened sides.
AB133-ASA1,763,108
(d) The county must approve a plan that will be implemented by the owner of
9the property to preserve or establish a vegetative buffer zone that covers at least 70%
10of the half of the shoreland setback area that is nearest to the water.
AB133-ASA1,763,2312
59.694
(7) (c) To authorize upon appeal in specific cases variances from the
13terms of the ordinance that will not be contrary to the public interest, where, owing
14to special conditions, a literal enforcement of the provisions of the ordinance will
15result in unnecessary hardship, and so that the spirit of the ordinance shall be
16observed and substantial justice done.
Except in cases where a property owner
17requests a variance from an ordinance enacted under s. 59.692, or adopted or
18reinstated by the department of natural resources under s. 59.692 (7), or a
19conservancy zoning ordinance, a property owner may establish "unnecessary
20hardship", as that term is used in this paragraph, by demonstrating that strict
21compliance with an area zoning ordinance would unreasonably prevent the property
22owner from using the property owner's property for a permitted purpose or would
23render conformity with the zoning ordinance unnecessarily burdensome.
AB133-ASA1,764,13
160.62
(4) (a) Notwithstanding ss. 61.35 and 62.23 (1) (a), a town with a
2population of less than 2,500 that acts under this section may create a "Town Plan
3Commission" under s. 62.23 (1) (a) that has 5 members,
consisting of the town
4chairperson, who shall be its presiding officer, the town engineer, the president of the
5park board, another member of the town board and one citizen. If the town plan
6commission has only 5 members and the town has no engineer or park board, an
7additional citizen member shall be appointed so that the commission has at all times
85 members all of whom shall be appointed by the town board chairperson, who shall
9also select the presiding officer. The town board chairperson may appoint himself
10or herself to the commission and may appoint other town elected or appointed
11officials to the commission, except that the commission shall always have at least one
12citizen member who is not a town official. All other provisions of ss. 61.35 and 62.23
13shall apply to a town plan commission that has 5 members.
AB133-ASA1,764,2015
60.62
(4) (b) If a town plan commission consists of 7 members and the town
16board enacts an ordinance or adopts a resolution reducing the size of the commission
17to 5 members, the commission shall continue to operate with 6 or 7 members until
18the expiration of the terms of the 2 citizen members, who were appointed under s.
1962.23 (1)
(c) (a), whose terms expire soonest after the effective date of the ordinance
20or resolution that reduces the size of the commission.
AB133-ASA1,764,2522
60.62
(4) (c) If a town plan commission consists of 5 members and the town
23board enacts an ordinance or adopts a resolution increasing the size of the
24commission to 7 members, the town board chairperson shall appoint the 2 new
25members under s. 62.23 (1)
(c) (a).
AB133-ASA1,765,132
62.23
(1) (a) The council of any city may by ordinance create a "City Plan
3Commission," to consist of
the mayor, who shall be its presiding officer, the city
4engineer, the president of the park board, an alderperson, and 3 citizens. In case the
5city has no engineer or no park board, an additional citizen member shall be
6appointed so that the board has at all times 7 members.
All members of the
7commission shall be appointed by the mayor, who shall also choose the presiding
8officer. The mayor may appoint himself or herself to the commission and may
9appoint other city elected or appointed officials, except that the commission shall
10always have at least 3 citizen members who are not city officials. Citizen members
11shall be persons of recognized experience and qualifications. The council may by
12ordinance provide that the membership of the commission shall be as provided
13thereunder.
AB133-ASA1,765,2317
62.23
(1) (d) The
additional citizen members
, if any, of the commission shall be
18first appointed to hold office for a period
ending one year from the succeeding May
19first, and thereafter annually of 3 years. Appointments shall be made by the mayor 20during the month of April
. Whenever a park board is created, or a city engineer
21appointed, the president of such board or such engineer shall succeed to a place on
22the commission when the term of an additional citizen member expires for terms that
23expire in April or at any other time if a vacancy occurs during the middle of a term.
AB133-ASA1,767,2
162.23
(2) Functions. It shall be the function and duty of the commission to
2make and adopt a master plan for the physical development of the city, including any
3areas outside of its boundaries which in the commission's judgment bear relation to
4the development of the city provided, however, that in any county where a regional
5planning department has been established, areas outside the boundaries of a city
6may not be included in the master plan without the consent of the county board of
7supervisors. The master plan, with the accompanying maps, plats, charts and
8descriptive and explanatory matter, shall show the commission's recommendations
9for such physical development, and
may include, among other things without
10limitation because of enumeration, the general location, character and extent of
11streets, highways, freeways, street grades, roadways, walks, bridges, viaducts,
12parking areas, tunnels, public places and areas, parks, parkways, playgrounds, sites
13for public buildings and structures, airports, pierhead and bulkhead lines,
14waterways, routes for railroads and buses, historic districts, and the general location
15and extent of sewers, water conduits and other public utilities whether privately or
16publicly owned, the acceptance, widening, narrowing, extension, relocation,
17removal, vacation, abandonment or change of use of any of the foregoing public ways,
18grounds, places, spaces, buildings, properties, utilities, routes or terminals, the
19general location, character and extent of community centers and neighborhood
20units, the general character, extent and layout of the replanning of blighted districts
21and slum areas, and a comprehensive zoning plan shall contain at least the elements
22described in s. 66.0295. The commission may from time to time amend, extend or add
23to the master plan or carry any part or subject matter into greater detail. The
24commission may adopt rules for the transaction of business and shall keep a record
1of its resolutions, transactions, findings and determinations, which record shall be
2a public record.