LRB-3813/2
DAK&GMM:cjs:jf
2001 - 2002 LEGISLATURE
December 3, 2001 - Introduced by
Law Revision Committee. Referred to
Committee on Health.
AB655,2,13
1An Act to repeal 15.197 (11n) (a) 4., 15.197 (11n) (b), 15.197 (11n) (c), 15.197
2(11n) (d) and 252.15 (2) (am) 2. b.;
to renumber 15.197 (11n) (a) 1. to 3.;
to
3renumber and amend 15.197 (11n) (intro.) (except 15.197 (11n) (title)), 15.197
4(11n) (a) (intro.), 48.02 (2c), 115.76 (4), 252.15 (2) (am) 2. a. and 938.02 (2c);
to
5amend 46.03 (22) (a), 46.10 (14) (b), 46.261 (1) (a), 46.261 (2) (a) 3., 46.261 (2)
6(a) 4., 46.261 (2) (b), 48.33 (4) (intro.), 48.345 (3) (d), 48.371 (1), 48.371 (3)
7(intro.), 48.371 (3) (a), 48.371 (3) (b), 48.371 (3) (c), 48.371 (3) (d), 48.38 (2)
8(intro.), 48.48 (17) (c) 4., 48.57 (3) (a) 4., 48.60 (4) (b), 48.60 (5) (a) (intro.), 48.615
9(1) (a), 48.68 (2), 48.68 (3), 48.68 (4), 48.745 (1), 48.745 (2), 48.745 (3), 48.981
10(1) (am) 5., 48.981 (2), 48.988 (2) (b), 49.19 (1) (a) 2. b., 49.19 (10) (b), 49.19 (10)
11(c), 49.19 (10) (d), 49.19 (10) (e), 70.11 (19), 115.762 (3) (g), 115.81 (1) (b), 115.81
12(2), 115.81 (3) (a), 115.81 (3) (b) 2. b., 115.81 (4) (intro.), 115.81 (4) (a) 3., 115.81
13(4) (a) 4., 115.81 (4) (a) 5., 115.81 (4) (b) 1., 115.81 (4) (b) 2., 115.81 (4) (b) 3.,
14115.81 (4) (b) 4., 115.81 (4) (b) 5., 146.82 (2) (a) 18m., 252.15 (5) (a) 19., 301.08
1(1) (b) 3., 301.12 (14) (b), 301.26 (4) (d) 2., 301.26 (4) (d) 3., 767.29 (3) (b), 938.02
2(15g), 938.02 (19r), 938.08 (3) (a) 1., 938.08 (3) (a) 2., 938.08 (3) (b), 938.33 (4)
3(intro.), 938.34 (3) (d), 938.371 (1), 938.371 (3) (intro.), 938.371 (3) (a), 938.371
4(3) (b), 938.371 (3) (c), 938.371 (3) (d), 938.38 (2) (intro.), 938.51 (1d) (intro.),
5938.51 (4) (intro.), 938.538 (3) (a) 1p., 938.539 (5), 938.57 (3) (a) 4., 938.78 (3)
6and 940.295 (2) (m); and
to create 15.197 (11n) (am) (intro.), 15.197 (11n) (am)
72., 15.197 (11n) (am) 3., 15.197 (11n) (bm), 15.197 (11n) (cm), 51.437 (14r) (a) 7.
8and 51.437 (14r) (c) of the statutes;
relating to: testing of donors of human ova
9for the presence of human immunodeficiency virus; membership of the council
10on developmental disabilities; and changing the term used to describe a
11residential facility operated by a child welfare agency for the care and
12maintenance of children (suggested as remedial legislation by the department
13of health and family services).
Analysis by the Legislative Reference Bureau
Testing human ova donors for HIV
Under current law, a health care provider who procures, processes, distributes,
or uses human ova that are donated to an individual designated by the donor, a
hospital, a physician, an organ procurement organization, an accredited medical or
dental school, college, or university, is required to test the proposed donor for the
human immunodeficiency virus (HIV), any antigen or nonantigenic products of HIV,
or an antibody to HIV to assure medical acceptability of the gift, if the state
epidemiologist finds that the use of donated human ova presents a significant risk
of transmitting HIV to a donee and if the secretary of health and family services
(secretary) issues an order that specifies the requirements for the testing.
This bill requires that donors of human ova be tested for HIV, any antigen or
nonantigenic products of HIV, or an antibody to HIV regardless of whether the state
epidemiologist finds that using the donated human ova presents a significant risk
of transmitting HIV or the secretary issues an order specifying the requirements for
the tests.
Membership of the council on developmental disabilities
Under current state law, for the council on developmentally disabilities, which
is attached to the department of health and family services, the governor must
appoint members who meet certain requirements. Certain members must be
appointed to represent institutions of higher education and state agencies that
administer funds to provide direct services to the developmentally disabled;
currently, these members include the secretaries of health and family services and
workforce development, the state superintendent of public instruction, and the
president of the University of Wisconsin System. Other members must be
representative of nongovernmental agencies and groups concerned with these
services. Further, at least one-half of the membership must consist of persons with
developmental disabilities or their parents or guardians or of immediate relatives or
guardians of persons with mentally impairing developmental disabilities; these
members may not manage, own, or have a controlling interest in an entity that
receives federal developmental disabilities funds or provides services using those
funds and may not be employees of any state agency that receives the funds or
provides the services.
Under current federal law, the membership of a state council on developmental
disabilities must be geographically representative of the state and reflect the state's
diversity with respect to race and ethnicity. At least 60% of the membership of the
council must consist of individuals with developmental disabilities; parents or
guardians of children with developmental disabilities; or immediate relatives or
guardians of adults with mentally impairing developmental disabilities who cannot
advocate for themselves. These persons may not be employees of a state agency that
receives federal developmental disabilities funds or provides services using those
funds and may not be managing employees of an entity that receives the funds or
provides the services using those funds. Further, of that 60% of the membership,
one-third must be individuals with developmental disabilities; one-third must be
parents or guardians or immediate relatives of individuals with developmental
disabilities; and one-third must be individuals who meet either of these
requirements. Membership also must include representatives of state entities that
administer federal funds for the developmentally disabled, but is not required to
include representatives of institutions of higher education; in addition, membership
must include representatives of the entity that is designated as a university center
for excellence in developmental disabilities education, research, and services, the
state protection and advocacy system, and local and nongovernmental agencies and
private nonprofit groups concerned with services for individuals with developmental
disabilities. These members must recuse themselves from council discussion of
grants or contracts for which the entity represented by the member is a grantee,
contractor, or applicant and are precluded from voting on matters that constitute or
give the appearance of a conflict of interest. Lastly, federal law requires that the
council notify the governor regarding membership requirements of the council and
if vacancies on the council remain unfilled for a significant period of time and, if
requested by the governor, coordinate recommendations of the council and the public
to the governor regarding council membership.
This bill changes the requirements for membership of the council on
developmental disabilities to conform to the federal requirements for the council.
Under the bill, these changed requirements first apply to appointments made on the
date on which this bill becomes law.
Term used for facility operated by child welfare agency
Under current law, a "child caring institution" is defined as a facility operated
by a licensed child welfare agency for the care and maintenance of children residing
in that facility. Current law requires a person who provides care and maintenance
for 75 days in any consecutive 12-month period for four or more children at any one
time to obtain a license to operate a child welfare agency from the department of
health and family services. This bill changes the term "child caring institution" to
"residential care center for children and youth."
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of health and family services and introduced by
the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of
the various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB655, s. 1
1Section
1
. 15.197 (11n) (intro.) (except 15.197 (11n) (title)) of the statutes is
2renumbered 15.197 (11n) (ag) and amended to read:
AB655,4,63
15.197
(11n) (ag) There is created a council on developmental disabilities,
4attached to the department of health and family services under s. 15.03.
Members
5shall be state residents and shall be appointed in the following manner for staggered
64-year terms:
Note: Sections 1 to 12 change the requirements for membership to the state council
on developmental disabilities to conform to the federal requirements for council
membership. Currently, the membership of the council does not reflect the membership
requirements specified under federal law.
AB655, s. 2
7Section
2. 15.197 (11n) (a) (intro.) of the statutes is renumbered 15.197 (11n)
8(am) 1. (intro.) and amended to read:
AB655,5,29
15.197
(11n) (am) 1. (intro.)
Agencies
A representative of each of the relevant
10agencies of the state
providing direct services to the developmentally disabled shall
1be represented by members of the council that administer federal funds related to
2individuals with disabilities, to be designated by:
AB655, s. 3
3Section
3. 15.197 (11n) (a) 1. to 3. of the statutes are renumbered 15.197 (11n)
4(am) 1. a. to c.
AB655, s. 4
5Section
4. 15.197 (11n) (a) 4. of the statutes is repealed.
AB655, s. 5
6Section
5. 15.197 (11n) (am) (intro.) of the statutes is created to read:
AB655,5,107
15.197
(11n) (am) (intro.) Subject to par. (cm), the council shall consist of the
8following state residents, appointed for staggered 4-year terms, who shall be
9representative of all geographic areas of the state and reflect the state's diversity
10with respect to race and ethnicity:
AB655, s. 6
11Section
6. 15.197 (11n) (am) 2. of the statutes is created to read:
AB655,5,1312
15.197
(11n) (am) 2. Representatives of individuals with developmental
13disabilities, who are any of the following:
AB655,5,1414
a. Individuals with developmental disabilities.
AB655,5,1515
b. Parents or guardians of children with developmental disabilities.
AB655,5,1716
c. Immediate relatives or guardians of adults with mentally impairing
17developmental disabilities who cannot advocate for themselves.
AB655, s. 7
18Section
7. 15.197 (11n) (am) 3. of the statutes is created to read:
AB655,5,2119
15.197
(11n) (am) 3. A representative of each of the following who has sufficient
20authority to engage in policy planning and implementation for the entity
21represented:
AB655,5,2422
a. The entity in this state that is designated by the federal department of health
23and human services as a university center for excellence in developmental
24disabilities education, research, and services.
AB655,6,2
1b. The state protection and advocacy system under s. 51.62, designated by the
2director of the state protection and advocacy agency under s. 51.62 (2).
AB655,6,53
c. Each of the local governmental agencies, nongovernmental agencies, and
4private nonprofit groups that are concerned with services for individuals with
5developmental disabilities.
AB655, s. 8
6Section
8. 15.197 (11n) (b) of the statutes is repealed.
AB655, s. 9
7Section
9. 15.197 (11n) (bm) of the statutes is created to read:
AB655,6,128
15.197
(11n) (bm) A member specified in par. (am) 1. or 3. shall recuse himself
9or herself from any discussion by the council of grants or contracts for which the
10member's department, agency, program, or group is a grantee, contractor, or
11applicant and may not vote on a matter that would provide direct financial benefit
12to the member or otherwise give the appearance of a conflict of interest.
AB655, s. 10
13Section
10. 15.197 (11n) (c) of the statutes is repealed.
AB655, s. 11
14Section
11. 15.197 (11n) (cm) of the statutes is created to read:
AB655,6,2215
15.197
(11n) (cm) 1. At least 60% of the membership of the council shall be
16individuals specified under par. (am) 2. who are not managing employees, as defined
17under
42 USC 1320a-5 (b), of an entity, or employees of a state agency, that receives
18federal funds for the developmentally disabled or uses the funds to provide services
19to persons with developmental disabilities. Of those individuals, one-third shall be
20individuals specified under par. (am) 2. a., one-third shall be individuals specified
21under par. (am) 2. b. or c., and one-third shall be individuals specified under par. (am)
222. a., b., or c.
AB655,7,223
2. At least one of the individuals described under subd. 1. shall be an individual
24with a developmental disability who resides in or previously resided in an
25institution, including a state center for the developmentally disabled, or the
1immediate relative or guardian of such an individual. The requirement under this
2subdivision does not apply if such an individual does not reside in this state.
AB655, s. 12
3Section
12
. 15.197 (11n) (d) of the statutes is repealed.
AB655, s. 13
4Section
13. 46.03 (22) (a) of the statutes is amended to read:
AB655,7,125
46.03
(22) (a) "Community living arrangement" means any of the following
6facilities licensed or operated, or permitted under the authority of the department:
7residential care centers for children and youth, as defined in s. 48.02 (15d), operated
8by child welfare agencies
licensed under s. 48.60, group homes for children
under, as
9defined in s. 48.02 (7)
, and community-based residential facilities
under, as defined
10in s. 50.01
(1g); but does not include adult family homes, as defined in s. 50.01
(1),
11day care centers, nursing homes, general hospitals, special hospitals, prisons
, and
12jails.
Note: This Section clarifies that it is a residential care center for children and
youth operated by a child welfare agency, and not the agency operating the center, that
is defined as a "community living arrangement" in s. 46.03 (22) (a), stats.
AB655, s. 14
13Section
14
. 46.10 (14) (b) of the statutes is amended to read:
AB655,7,2114
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
15of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
16parent's minor child who has been placed by a court order under s. 48.355 or 48.357
17in a residential, nonmedical facility such as a group home, foster home, treatment
18foster home
or child caring institution, or residential care center for children and
19youth shall be determined by the court by using the percentage standard established
20by the department of workforce development under s. 49.22 (9) and by applying the
21percentage standard in the manner established by the department under s. 46.247.
Note: Sections 14 to 20, 22 to 30, 40 to 47, 51 to 66, 69 to 81, and 83 to 95 change
the term "child caring institution" to "residential care center for children and youth" to
describe a facility operated by a licensed child welfare agency for the care and
maintenance of children residing in that facility. Current law requires a person who
provides care and maintenance for 75 days in any consecutive 12-month period for 4 or
more children at any one time to obtain a license to operate a child welfare agency from
the department of health and family services (DHFS). This change makes the term used
in the statutes to describe those facilities consistent with the term used by other states,
national organizations, professionals in the child welfare field, and DHFS to describe
those facilities.