Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 1526h Section 1526h. 50.39 (3) of the statutes is amended to read:

AB133-ASA1-CA1,272,18 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.".

AB133-ASA1-CA1,272,19 817. Page 752, line 10: after that line insert:

AB133-ASA1-CA1,272,20 " Section 1532d. 51.01 (14k) of the statutes is created to read:

AB133-ASA1-CA1,272,22 51.01 (14k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

AB133-ASA1-CA1, s. 1533d Section 1533d. 51.01 (14m) of the statutes is created to read:

AB133-ASA1-CA1,273,2 51.01 (14m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

AB133-ASA1-CA1, s. 1534d Section 1534d. 51.01 (14p) of the statutes is created to read:

AB133-ASA1-CA1,273,4 51.01 (14p) "Secured group home" has the meaning given in s. 938.02 (15p).".

AB133-ASA1-CA1,273,5 818. Page 752, line 10: after that line insert:

AB133-ASA1-CA1,273,6 " Section 1531r. 50.94 of the statutes is created to read:

AB133-ASA1-CA1,273,8 50.94 Admission to and care in a hospice for certain incapacitated persons. (1) In this section:

AB133-ASA1-CA1,273,10 (a) "Hospice care" means palliative care, respite care, short-term care or supportive care.

AB133-ASA1-CA1,273,13 (b) "Incapacitated" means unable to receive and evaluate information effectively or to communicate decisions to such an extent that a person lacks the capacity to manage his or her health care decisions.

AB133-ASA1-CA1,273,15 (c) "Physician" means a person licensed to practice medicine and surgery under ch. 448.

AB133-ASA1-CA1,273,19 (d) "Terminal condition" means an incurable condition caused by injury, disease or illness that according to reasonable medical judgment will produce death within 6 months, even with available life-sustaining treatment provided in accordance with the prevailing standard of medical care.

AB133-ASA1-CA1,273,23 (2) A person who is determined to be incapacitated under the requirements of sub. (8), does not have a valid living will or valid power of attorney for health care and has not been adjudicated incompetent under ch. 880 may be admitted to a hospice under this section only if all of the following requirements are met:

AB133-ASA1-CA1,273,24 (a) An individual who is specified in sub. (3) signs all of the following:

AB133-ASA1-CA1,274,2 1. On behalf of the person who is incapacitated, an informed consent for the receipt of hospice care by the person who is incapacitated.

AB133-ASA1-CA1,274,5 2. A statement certifying that it is his or her belief, to the best of his or her knowledge, that, if able to do so, the person who is incapacitated would have selected hospice care.

AB133-ASA1-CA1,274,8 (b) A physician certifies that the person who is incapacitated has a terminal condition and that the physician believes that the individual under par. (a) is acting in accordance with the views or beliefs of the person who is incapacitated.

AB133-ASA1-CA1,274,10 (3) The following individuals, in the following order of priority, may act under sub. (2) (a):

AB133-ASA1-CA1,274,11 (a) The spouse of the person who is incapacitated.

AB133-ASA1-CA1,274,12 (b) An adult child of the person who is incapacitated.

AB133-ASA1-CA1,274,13 (c) A parent of the person who is incapacitated.

AB133-ASA1-CA1,274,14 (d) An adult sibling of the person who is incapacitated.

AB133-ASA1-CA1,274,16 (e) A close friend or a relative of the person who is incapacitated, other than as specified in pars. (a) to (d), to whom all of the following apply:

AB133-ASA1-CA1,274,19 1. The close friend or other relative is aged at least 18 and has maintained sufficient regular contact with the person who is incapacitated to be familiar with the person's activities, health and beliefs.

AB133-ASA1-CA1,274,21 2. The close friend or other relative has exhibited special care and concern for the incapacitated person.

AB133-ASA1-CA1,274,23 (4) The individual who acts under sub. (2) (a) may make all health care decisions related to receipt of hospice care by the person who is incapacitated.

AB133-ASA1-CA1,274,25 (5) The person who is incapacitated or the individual under sub. (4) may object to or revoke the election of hospice care at any time.

AB133-ASA1-CA1,275,5 (6) A person who disagrees with a hospice decision made under this section may apply under ch. 880 for temporary guardianship of the person who is incapacitated. In applying for the temporary guardianship, such a person has the burden of proving that the person who is incapacitated would not have consented to admission to a hospice or hospice care.

AB133-ASA1-CA1,275,12 (7) The individual who acts under sub. (2) (a) shall, if feasible, provide to all other individuals listed under sub. (3) notice of the proposed admission of the person who is incapacitated to a hospice and of the right to apply for temporary guardianship under sub. (6). If it is not feasible for the individual to provide this notice before admission of the person who is incapacitated to a hospice, the individual who acts under sub. (2) (a) shall exercise reasonable diligence in providing the notice within 48 hours after the admission.

AB133-ASA1-CA1,275,21 (8) A determination that a person is incapacitated may be made only by 2 physicians or by one physician and one licensed psychologist, as defined in s. 455.01 (4), who personally examine the person and sign a statement specifying that the person is incapacitated. Mere old age, eccentricity or physical disabilities, singly or together, are insufficient to determine that a person is incapacitated. Whoever determines that the person is incapacitated may not be a relative, as defined in s. 242.01 (11), of the person or have knowledge that he or she is entitled to or has claim on any portion of the person's estate. A copy of the statement shall be included in the records of the incapacitated person in the hospice to which he or she is admitted.".

AB133-ASA1-CA1,275,22 819. Page 752, line 10: after that line insert:

AB133-ASA1-CA1,275,23 " Section 1531g. 50.498 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,276,5 50.498 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:

AB133-ASA1-CA1, s. 1531h Section 1531h. 50.498 (1m) of the statutes is created to read:

AB133-ASA1-CA1,276,14 50.498 (1m) If an individual who applies for a certificate of approval, license or provisional license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.

AB133-ASA1-CA1, s. 1531i Section 1531i. 50.498 (3) of the statutes is amended to read:

AB133-ASA1-CA1,276,19 50.498 (3) The Except as provided in sub. (1m), the department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) if the applicant does not provide the information specified in sub. (1).".

AB133-ASA1-CA1,276,20 820. Page 755, line 8: after that line insert:

AB133-ASA1-CA1,276,21 " Section 1539d. 51.05 (2) of the statutes is amended to read:

AB133-ASA1-CA1,277,7 51.05 (2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile secured correctional facility or, a secured child caring institution , as defined in s. 938.02 (15g), or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.".

AB133-ASA1-CA1,277,8 821. Page 755, line 8: after that line insert:

AB133-ASA1-CA1,277,9 " Section 1538p. 51.032 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,277,14 51.032 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:

AB133-ASA1-CA1, s. 1538q Section 1538q. 51.032 (1m) of the statutes is created to read:

AB133-ASA1-CA1,277,22 51.032 (1m) If an individual who applies for a certification or approval under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.

AB133-ASA1-CA1, s. 1538r Section 1538r. 51.032 (3) of the statutes is amended to read:

AB133-ASA1-CA1,278,3 51.032 (3) The Except as provided in sub. (1m), the department shall deny an application for the issuance of a certification or approval specified in sub. (1) if the applicant does not provide the information specified in sub. (1).".

AB133-ASA1-CA1,278,4 822. Page 756, line 1: after that line insert:

AB133-ASA1-CA1,278,5 " Section 1555d. 51.35 (3) (title) of the statutes is amended to read:

AB133-ASA1-CA1,278,7 51.35 (3) (title) Transfer of certain juveniles from juvenile correctional secured juvenile facilities and secured child caring institutions.

AB133-ASA1-CA1, s. 1556d Section 1556d. 51.35 (3) (a) of the statutes is amended to read:

AB133-ASA1-CA1,279,7 51.35 (3) (a) A licensed psychologist of a juvenile secured correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution secured correctional facility, secured child caring institution or secured group home is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution secured correctional facility, secured child caring institution or secured group home, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections health and family services shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB133-ASA1-CA1, s. 1557d Section 1557d. 51.35 (3) (c) of the statutes is amended to read:

AB133-ASA1-CA1,279,25 51.35 (3) (c) A licensed psychologist of a juvenile secured correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution secured correctional facility, secured child caring institution or secured group home, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2. a., b., c. or d., is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the facility or institution secured correctional facility, secured child caring institution or secured group home, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the secured correctional facility or, secured child caring institution or secured group home is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB133-ASA1-CA1, s. 1558d Section 1558d. 51.35 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 292, section 28, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-CA1,280,18 51.35 (3) (c) A licensed psychologist of a secured correctional facility or a secured child caring institution or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the secured correctional facility, secured child caring institution or secured group home, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the secured correctional facility, secured child caring institution or secured group home, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch. 48 of the county where the secured correctional facility, secured child caring institution or secured group home is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB133-ASA1-CA1, s. 1559d Section 1559d. 51.35 (3) (e) of the statutes is amended to read:

AB133-ASA1-CA1,281,17 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile secured correctional facility or, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c. or d. to the individual or to others, is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending facility or institution secured correctional facility, secured child caring institution or secured group home shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the facility or institution secured correctional facility, secured child caring institution or secured group home from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner individual may be released without the approval of the court which directed confinement in the secured correctional facility or, secured child caring institution or secured group home.

AB133-ASA1-CA1, s. 1560d Section 1560d. 51.35 (3) (e) of the statutes, as affected by 1995 Wisconsin Act 292, section 28, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-CA1,282,15 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending secured correctional facility, secured child caring institution or secured group home shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the secured correctional facility, secured child caring institution or secured group home from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court which directed confinement in the secured correctional facility, secured child caring institution or secured group home.

AB133-ASA1-CA1, s. 1561d Section 1561d. 51.35 (3) (g) of the statutes is amended to read:

AB133-ASA1-CA1,283,2 51.35 (3) (g) A minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile secured correctional facility or, secured child caring institution, as defined in s. 938.02 (15g) or secured group home. In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile secured correctional facility or, secured child caring institution or secured group home within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.".

AB133-ASA1-CA1,283,3 823. Page 759, line 14: after that line insert:

AB133-ASA1-CA1,283,4 " Section 1573g. 51.48 of the statutes is created to read:

AB133-ASA1-CA1,283,7 51.48 Alcohol and other drug testing of minors. A minor's parent or guardian may consent to have the minor tested for the presence of alcohol or other drugs in the minor's body. Consent of the minor is not required under this section.".

AB133-ASA1-CA1,283,8 824. Page 759, line 14: after that line insert:

AB133-ASA1-CA1,283,9 " Section 1572m. 58.06 of the statutes is repealed.".

AB133-ASA1-CA1,283,10 825. Page 760, line 18: after that line insert:

AB133-ASA1-CA1,283,11 " Section 1576m. 59.25 (3) (r) of the statutes is repealed.".

AB133-ASA1-CA1,283,12 826. Page 761, line 21: after that line insert:

AB133-ASA1-CA1,283,13 " Section 1577p. 59.52 (29) (a) of the statutes is amended to read:

AB133-ASA1-CA1,284,5 59.52 (29) (a) All public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $20,000 $25,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $20,000 $25,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $20,000 $25,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.29 (2). A contract, the estimated cost of which exceeds $20,000 $25,000, shall be let and entered into under s. 66.29, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This subsection does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. This subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.".

AB133-ASA1-CA1,284,6 827. Page 761, line 23: delete "shall" and substitute "shall may".

AB133-ASA1-CA1,284,7 828. Page 763, line 10: after that line insert:

AB133-ASA1-CA1,284,8 " Section 1579u. 59.692 (6m) of the statutes is created to read:

AB133-ASA1-CA1,284,13 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.".

AB133-ASA1-CA1,284,14 829. Page 763, line 11: delete lines 11 to 23.

AB133-ASA1-CA1,284,15 830. Page 763, line 23: after that line insert:

AB133-ASA1-CA1,284,16 " Section 1580p. 60.615 of the statutes is created to read:

AB133-ASA1-CA1,284,19 60.615 Town of Troy farmland preservation pilot program; special zoning powers, purchase of development rights. (1) Town board purchase of development rights. (a) Definitions. In this section:

AB133-ASA1-CA1,284,20 1. "Board" means the town of Troy board of supervisors.

AB133-ASA1-CA1,284,21 2. "Developer" means a person that constructs or creates a land development.

AB133-ASA1-CA1,285,2 3. "Development rights" means a holder's nonpossessory interest in farmland that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of farmland, assuring the availability of farmland for agricultural, forest, wildlife habitat, recreational or open space use, protecting natural resources or maintaining or enhancing air or water quality.

AB133-ASA1-CA1,285,3 4. "Farmland" has the meaning given for eligible farmland under s. 91.01 (6).