AB573: Bill Text

AB573,26,9 50.36 (5) Before providing emergency services in a hospital, medical and nursing personnel shall have proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by 2007 Wis. Act 130.

AB573, s. 70 Section 70. 51.42 (3) (e) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,27,13 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 71 Section 71. 51.437 (4r) (b) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,28,7 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) , and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 72 Section 72. 51.437 (14r) (title), (a) (intro.), 1., 7. and (b) and (c) of the statutes are amended to read:

AB573,28,12 51.437 (14r) (title) Duties of the council on board for people with developmental disabilities. (a) (intro.) The council on board for people with developmental disabilities shall:

AB573,28,16 1. Designate appropriate state or local agencies for the administration of programs and fiscal resources made available to the council on board for people with developmental disabilities under federal legislation affecting the delivery of services to the developmentally disabled.

AB573,28,19 7. Notify the governor regarding membership requirements of the council board and if vacancies on the council board remain unfilled for a significant period of time.

AB573,28,21 (b) The council board may establish such reasonable procedures as are essential to the conduct of the affairs of the council board.

AB573,29,3 (c) The council on board for people with developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the council board and the public to the governor regarding council board membership.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 73 Section 73. 51.45 (13) (j) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,29,13 51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the court shall fix a date for a recommitment hearing within 10 days and assure that the person sought to be recommitted is represented by counsel by referring the person to the state public defender, who shall appoint counsel for for the person without a determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and to access to records, names of witnesses, and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under pars. (f) and (g).

Note: Deletes unnecessary repeated word inserted by 2007 Wis. Act 20.

AB573, s. 74 Section 74. 51.62 (2) (a) 2. of the statutes is amended to read:

AB573,29,16 51.62 (2) (a) 2. The council on board for people with developmental disabilities and the council on mental health.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 75 Section 75. 51.62 (2) (b) 2. a. of the statutes is amended to read:

AB573,29,19 51.62 (2) (b) 2. a. The council on board for people with developmental disabilities and the council on mental health.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 76 Section 76. 54.46 (5) (title) of the statutes, as affected by 2005 Wisconsin Act 387, section 360, is renumbered 54.46 (4) (title).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2005 Wis. Act 387 renumbered s. 880.13 (title) to s. 54.46 (5) (title), but renumbered the remainder of s. 880.13 to s. 54.46 (4).

AB573, s. 77 Section 77. 55.001 of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is amended to read:

AB573,30,19 55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder disorders, developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.

Note: "Disorder" was inserted in the singular form by 2005 Wis. Act 264 and in the plural form by 2005 Wis. Act 388. The singular is used in all other statutes.

AB573, s. 78 Section 78. The treatment of 55.10 (4) (a) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 45. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 55.10 (4) (a) reads:

(a) Counsel. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.

AB573, s. 79 Section 79. 55.135 (1) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,32,6 55.135 (1) If, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is indigent 55.105. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.

Note: 2007 Wis. Act 45 repealed and recreated this provision without taking the treatment by Act 20 into account. The change made by 2007 Wis. Act 20 replaced the stricken language in the then existing s. 55.135 (1) with the cross-reference to s. 55.105, which was created by Act 20 to make specific provision for attorneys in ch. 55 actions. The cross-reference to s. 55.105 is reinserted.

AB573, s. 80 Section 80. 55.14 (7) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,32,12 55.14 (7) Upon the filing of a petition under this section, the court shall appoint make a referral for appointment of legal counsel as required provided under s. 55.10 (4) (a) 55.105. A petition under this section shall be heard within 30 days after it is filed.

Note: 2007 Wis. Act 45 repealed and recreated this provision without taking the treatment by 2007 Wis. Act 20 into account. This provision reinserts the changes made by Act 20.

AB573, s. 81 Section 81. 55.19 (1m) (title) of the statutes is created to read:

AB573,32,14 55.19 (1m) (title) County agreement.

Note: Section 55.19 (1m) was repealed and recreated by 2007 Wis. Act 45 without a title. The previous title is restored. All other subsections of s. 55.19 have titles. The subject matter of s. 55.19 (1m) was unchanged. The title is printed in the 2007-08 Statutes.

AB573, s. 82 Section 82. 66.0137 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB573,33,4 66.0137 (4) 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 employees 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), (5), and (6), 632.885, 632.895 (9) to (17), 632.896, and 767.513 (4).

Note: The underscored comma was printed in the 2007-08 Statutes and is confirmed here.

AB573, s. 83 Section 83. The treatment of 66.0230 (1) (a) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 43. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 66.0230 (1) (a) reads:

66.0230 (1) (a) In addition to the method described in s. 66.0229 (1) and subject to subs. (2), (3), and (4) and to ss. 66.0301 (6) (d) and 66.0307 (7), all or part of a town may consolidate with a contiguous city or village by ordinance passed by a two-thirds vote of all of the members of each board or council and ratified by the electors at a referendum held in each municipality.

AB573, s. 84 Section 84. 66.0420 (2) (a) of the statutes, as created by 2007 Wisconsin Act 42, is amended to read:

AB573,33,11 66.0420 (2) (a) "Affiliate",," when used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with such person.

Note: Places comma before quotation mark consistent with current style.

AB573, s. 85 Section 85. 66.0617 (9) (a) of the statutes, as affected by 2007 Wisconsin Acts 44 and 96, is amended to read:

AB573,34,7 66.0617 (9) (a) Subject to. pars. (b), (c), and (d), and with regard to an impact fee that is collected after April 10, 2006, an ordinance enacted under this section shall specify that impact fees that are collected by a municipality within 7 years of the effective date of the ordinance, but are not used within 10 years after the effective date of the ordinance to pay the capital costs for which they were imposed, shall be refunded to the current owner of the property with respect to which the impact fees were imposed, along with any interest that has accumulated, as described in sub. (8). The ordinance shall specify, by type of public facility, reasonable time periods within which impact fees must be spent or refunded under this subsection, subject to the 10-year limit in this paragraph and the extended time period specified in par. (b). In determining the length of the time periods under the ordinance, a municipality shall consider what are appropriate planning and financing periods for the particular types of public facilities for which the impact fees are imposed.

Note: Deletes extraneous period inadvertently retained when striking material in 2007 Wis. Act 44.

AB573, s. 86 Section 86. The treatment of 66.0617 (9) (b) of the statutes by 2007 Wisconsin Act 44 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 66.0617 (9) (b) reads:

(b) The 10-year time limit for using impact fees that is specified under par. (a) may be extended for 3 years if the municipality adopts a resolution stating that, due to extenuating circumstances or hardship in meeting the 10-year limit, it needs an additional 3 years to use the impact fees that were collected. The resolution shall include detailed written findings that specify the extenuating circumstances or hardship that led to the need to adopt a resolution under this paragraph.

AB573, s. 87 Section 87. 67.12 (12) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB573,35,3 67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 119.498, 145.245 (12m), 281.58, 281.59, 281.60, 281.61, and 292.72, issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a 1st class city or a county having a population of 500,000 or more, to pay unfunded prior service liability with respect to an employee retirement system, shall be repaid within 20 years after the original date of the note.

Note: Inserts necessary comma.

AB573, s. 88 Section 88. The treatment of 71.07 (3w) (a) 6. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 100. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.07 (3w) (a) 6. reads:

6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.

AB573, s. 89 Section 89. 71.26 (2) (a) 5. of the statutes, as affected by 2007 Wisconsin Act 226, is amended to read:

AB573,35,11 71.26 (2) (a) 5. Plus the amount of losses from the sale or other disposition of assets the gain from which would be wholly exempt income, as defined in sub. (3) (L), if the assets were sold or otherwise disposed of at a gain and minus deductions, as computed under the Internal Revenue Code as modified under sub. (3) ,.

Note: Deletes unnecessary comma. The change is printed in the 2007-08 Statutes.

AB573, s. 90 Section 90. The treatment of 71.28 (3w) (a) 6. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 100. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.28 (3w) (a) 6. reads:

6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.

AB573, s. 91 Section 91. The treatment of 71.47 (3w) (a) 6. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 100. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 71.47 (3w) (a) 6. reads:

6. "Zone payroll" means the amount of state payroll that is attributable to wages paid to full-time employees for services that are performed in an enterprise zone. "Zone payroll" does not include the amount of wages paid to any full-time employees that exceeds $100,000.

AB573, s. 92 Section 92. 73.03 (2a) of the statutes, as affected by 2007 Wisconsin Acts 20 and 86, is amended to read:

AB573,37,11 73.03 (2a) To prepare and publish, in electronic form and on the Internet, assessment manuals. The manual shall discuss and illustrate accepted assessment methods, techniques and practices with a view to more nearly uniform and more consistent assessments of property at the local level. The manual shall be amended by the department from time to time to reflect advances in the science of assessment, court decisions concerning assessment practices, costs, and statistical and other information considered valuable to local assessors by the department. The manual shall incorporate standards for the assessment of all types of renewable energy resource systems used in this state as soon as such systems are used in sufficient numbers and sufficient data exists to allow the formulation of valid guidelines. The manual shall incorporate standards, which the department of revenue and the state historical society of Wisconsin shall develop, for the assessment of nonhistoric property in historic districts and for the assessment of historic property, including but not limited to property that is being preserved or restored; property that is subject to a protective easement, covenant or other restriction for historic preservation purposes; property that is listed in the national register of historic places in Wisconsin or in this state's register of historic places and property that is designated as a historic landmark and is subject to restrictions imposed by a municipality or by a landmarks commission. The manual shall incorporate general guidelines about ways to determine whether property is taxable in part under s. 70.1105 and examples of the ways that s. 70.1105 applies in specific situations. The manual shall state that assessors are required to comply with s. 70.32 (1g) and shall suggest procedures for doing so. The manual or a supplement to it shall specify per acre value guidelines for each municipality for various categories of agricultural land based on the income that could be generated from its estimated rental for agricultural use, as defined by rule, and capitalization rates established by rule. The manual shall include guidelines for classifying land as agricultural land, as defined in s. 70.32 (2) (c) 1g., and guidelines for distinguishing between land and improvements to land. The manual shall specify the evidence to be exchanged under s. 70.47 (7) (c) and (16) (c). The cost of the development, preparation, and Internet publication of the manual and of revisions and amendments to it shall be paid from the appropriation under s. 20.566 (2) (b) (bm).

Note: Corrects cross-reference. Section 20.566 (2) (b), as created by 2007 Wis. Act 20, is renumbered to s. 20.566 (2) (bm) by this bill.

AB573, s. 93 Section 93. The treatment of 76.636 (1) (e) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau and amended in the next section of this bill, s. 76.636 (1) (e) reads:

(e) "Member of a targeted group" means any of the following, if the person has been certified in the manner under s. 71.47 (1dj) (am) 3. by a designated local agency, as defined in s. 71.47 (1dj) (am) 2.:

1. A person who resides in an area designated by the federal government as an economic revitalization area.

2. A person who is employed in an unsubsidized job but meets the eligibility requirements under s. 49.145 (2) and (3) for a Wisconsin Works employment position.

3. A person who is employed in a trial job, as defined in s. 49.141 (1) (n), or in a real work, real pay project position under s. 49.147 (3m).

4. A person who is eligible for child care assistance under s. 49.155.

5. A person who is a vocational rehabilitation referral.

6. An economically disadvantaged youth.

7. An economically disadvantaged veteran.

8. A supplemental security income recipient.

9. A general assistance recipient.

10. An economically disadvantaged ex-convict.

11. A qualified summer youth employee, as defined in 26 USC 51 (d) (7).

12. A dislocated worker, as defined in 29 USC 2801 (9).