Amendment CA1-ASA1-AB133

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 (this act), is repealed and recreated to read: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).

AB133-ASA1-CA1,285,5 5. "Land development" means the construction of residential dwelling units within the town of Troy in an area that is rezoned under sub. (2).

AB133-ASA1-CA1,285,6 6. "Town of Troy" means the town of Troy in St. Croix County.

AB133-ASA1-CA1,285,8 (b) Purchase of development rights. 1. The board may purchase development rights to farmland that is located in the town of Troy.

AB133-ASA1-CA1,285,13 2. The town may purchase the development rights with the grant received from the department of agriculture, trade and consumer protection under s. 20.115 (7) (dr) or from funds received under sub. (2) (a). If the board adopts a resolution requesting the department of agriculture, trade and consumer protection to make the grant payment described under this subdivision, the department shall do so.

AB133-ASA1-CA1,285,15 3. The board shall determine which farmland in the town is the best farmland and shall attempt to purchase the development rights to that farmland.

AB133-ASA1-CA1,285,23 (2) Rezoning. (a) When the board rezones under s. 91.77 (1), a parcel that is zoned for exclusive agricultural use under subch. V of ch. 91, the board may recover an amount equal to the amount of tax credits that would be subject to a lien, as calculated under s. 91.77 (2) on the parcel. The board may recover that amount either by imposing a lien, in the manner provided in s. 91.19 (8) to (10), on the parcel or by requiring payment from the developer who creates a land development on the parcel. The board may use funds collected under this paragraph only for the purchase of development rights under sub. (1) (b).

AB133-ASA1-CA1,285,25 (b) The provisions of s. 91.77 (2) do not apply to a parcel that is rezoned under par. (a) if the board recovers funds under par. (a).

AB133-ASA1-CA1,286,2 (3) Sunset provisions. Subsection (2) does not apply after the first day of the 12th month beginning after publication.".

AB133-ASA1-CA1,286,3 831. Page 763, line 23: after that line insert:

AB133-ASA1-CA1,286,4 " Section 1580n. 60.47 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,286,8 60.47 (2) (a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $10,000 $15,000 unless the town board, or a town official or employe designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

AB133-ASA1-CA1, s. 1580nc Section 1580nc. 60.47 (2) (b) of the statutes is amended to read:

AB133-ASA1-CA1,286,14 60.47 (2) (b) No town may enter into a public contract with a value of more than $10,000 $15,000 unless the town board, or a town official or employe designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

AB133-ASA1-CA1, s. 1580ni Section 1580ni. 60.47 (5) of the statutes is amended to read:

AB133-ASA1-CA1,286,23 60.47 (5) Exception for emergencies and donated materials and labor. This section is optional with respect to public contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the town board, that endangers the public health or welfare of the town. This subsection no longer applies when the town board declares that the emergency no longer exists. This section is optional with respect to a public contract if the materials related to the contract are donated or if the labor that is necessary to execute the public contract is provided by volunteers.".

AB133-ASA1-CA1,286,24 832. Page 763, line 23: after that line insert:

AB133-ASA1-CA1,287,1 " Section 1580m. 59.79 (13) of the statutes is created to read:

AB133-ASA1-CA1,287,6 59.79 (13) Design-build construction process. Let a contract for the construction of a sheriff's department training academy, that is located in the county, using the design-build construction process, as defined in s. 66.904 (2) (f). Section 66.904 (2) (f) to (i), as it applies to a metropolitan sewerage commission acting under that subsection, applies to the board acting under this subsection.".

AB133-ASA1-CA1,287,7 833. Page 764, line 25: after that line insert:

AB133-ASA1-CA1,287,8 " Section 1585m. 61.55 of the statutes is amended to read:

AB133-ASA1-CA1,287,22 61.55 Contracts involving over $10,000 $15,000; how let; exception. All contracts for public construction, in any such village, exceeding $10,000 $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000 $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision 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, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

AB133-ASA1-CA1, s. 1588c Section 1588c. 62.15 (1) of the statutes is amended to read:

AB133-ASA1-CA1,288,11 62.15 (1) Contracts; how let ; exception for donated materials and labor. All public construction, the estimated cost of which exceeds $10,000 $15,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $10,000 $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision 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. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.".

AB133-ASA1-CA1,288,12 834. Page 767, line 18: delete lines 18 to 25.

AB133-ASA1-CA1,288,13 835. Page 768, line 1: delete lines 1 to 15.

AB133-ASA1-CA1,288,14 836. Page 768, line 15: after that line insert:

AB133-ASA1-CA1,288,15 " Section 1591k. 62.231 (6m) of the statutes is created to read:

AB133-ASA1-CA1,288,20 62.231 (6m) Certain amendments to ordinances. 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 of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.".

AB133-ASA1-CA1,288,23 837. Page 770, line 2: delete that line and substitute "local governmental unit and provide a range of housing choices that meet the needs of persons of all income levels and of all age groups and persons with special needs, policies and".

AB133-ASA1-CA1,288,24 838. Page 770, line 13: after "incorporate" insert "state, regional and".

AB133-ASA1-CA1,289,1 839. Page 773, line 19: after "any" insert "program or".

AB133-ASA1-CA1,289,2 840. Page 774, line 19: after that line insert:

AB133-ASA1-CA1,289,4 "(s) Any other ordinance, plan or regulation of a local governmental unit that relates to land use.".

AB133-ASA1-CA1,289,5 841. Page 776, line 4: delete "and the regional planning commission".

AB133-ASA1-CA1,289,6 842. Page 776, line 6: delete that line and substitute:

AB133-ASA1-CA1,289,7 "2. The clerk of all adjacent local governmental units.".

AB133-ASA1-CA1,289,9 843. Page 776, line 23: after "developments" insert "and conservation subdivisions".

AB133-ASA1-CA1,289,10 844. Page 776, line 24: after that line insert:

AB133-ASA1-CA1,289,13 "(a) "Conservation subdivision" means a housing development in a rural setting that is characterized by compact lots and common open space, and where the natural features of land are maintained to the greatest extent possible.".

AB133-ASA1-CA1,289,14 845. Page 776, line 25: delete "(a)" and substitute "(b)".

AB133-ASA1-CA1,289,15 846. Page 777, line 1: delete "(b)" and substitute "(c)".

AB133-ASA1-CA1,289,16 847. Page 777, line 4: before "Not" insert "(a)".

AB133-ASA1-CA1,289,17 848. Page 777, line 4: delete "ordinance" and substitute "ordinances".

AB133-ASA1-CA1,289,19 849. Page 777, line 9: after "development" insert "and an ordinance for a conservation subdivision".

AB133-ASA1-CA1,289,20 850. Page 777, line 9: after that line insert:

AB133-ASA1-CA1,290,6 "(b) The model ordinances developed under par. (a) shall be presented to the chief clerk of each house of the legislature, and shall be referred immediately by the speaker of the assembly and the presiding officer of the senate to the appropriate standing committee in each house. The model ordinances shall be considered to have been approved by a standing committee if within 14 working days of the referral, the committee does not schedule a meeting for the purpose of reviewing the model ordinance. If the committee schedules a meeting for the purpose of reviewing the model ordinance, the ordinance may not be considered to have been approved unless the committee approves the model ordinance.".

AB133-ASA1-CA1,290,7 851. Page 777, line 11: delete "5,000" and substitute "12,500".

AB133-ASA1-CA1,290,9 852. Page 777, line 13: after "(2)" insert "(a) if the ordinance is approved under sub. (2) (b)".

AB133-ASA1-CA1,290,11 853. Page 777, line 15: on lines 15 and 18, delete "5,000" and substitute "12,500".

AB133-ASA1-CA1,290,13 854. Page 777, line 16: after "(2)" insert "(a) if the ordinance is approved under sub. (2) (b)".

AB133-ASA1-CA1,290,15 855. Page 778, line 6: delete the material beginning with that line and ending with page 779, line 6.

AB133-ASA1-CA1,290,16 856. Page 779, line 6: after that line insert:

AB133-ASA1-CA1,290,17 " Section 1608p. 66.085 (2) of the statutes is amended to read:

AB133-ASA1-CA1,290,24 66.085 (2) Interference prohibited. The owner or manager of a multiunit dwelling under common ownership, control or management or of a mobile home park or the association or board of directors of a condominium may not prevent a cable operator from providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium or interfere with a cable operator providing cable service to a subscriber who is a resident of the multiunit dwelling, mobile home park or of the condominium.".

AB133-ASA1-CA1,291,1 857. Page 785, line 13: after that line insert:

AB133-ASA1-CA1,291,2 " Section 1617r. 66.184 of the statutes is amended to read:

AB133-ASA1-CA1,291,9 66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, and 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.".

AB133-ASA1-CA1,291,10 858. Page 786, line 3: after "(2) (e)" insert ", except s. 16.72 (2) (e) 2.,".

AB133-ASA1-CA1,291,11 859. Page 786, line 18: after that line insert:

AB133-ASA1-CA1,291,12 " Section 1621e. 66.307 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,291,18 66.307 (2) (a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if, except as provided in par. (e), at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.