2011 Wisconsin Act 32

(e) The employee shall not be subject to s. 40.23 (2m) (er) and (3) (b).

32,1555m Section 1555m. 49.847 (1) of the statutes is amended to read:

49.847 (1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health services, or a county, multicounty consortium, as defined in s. 49.78 (1) (br), or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.

32,1556m Section 1556m. 49.847 (2) of the statutes is amended to read:

49.847 (2) The department, county, multicounty consortium, as defined in s. 49.78 (1) (br), or elected governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to s. 49.793 (1), the department may by rule specify other methods for recovering incorrectly paid benefits.

32,1628 Section 1628. 49.857 (1) (c) of the statutes is amended to read:

49.857 (1) (c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing safety and professional services that grants a credential.

32,1629 Section 1629. 49.857 (2) (b) 1. of the statutes is amended to read:

49.857 (2) (b) 1. The circumstances under which the licensing authority or the licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license and guidelines for determining the appropriate action to take. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include the circumstances under which the department of regulation and licensing safety and professional services shall direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines for determining the appropriate action to take. The guidelines under this subdivision for determining the appropriate action to take shall require the consideration of whether the action is likely to have an adverse effect on public health, safety or welfare or on the environment, and of whether the action is likely to adversely affect individuals other than the individual holding or applying for the license, such as employees of that individual.

32,1630 Section 1630. 49.857 (2) (b) 2. a. of the statutes is amended to read:

49.857 (2) (b) 2. a. Certifying to the licensing authority or licensing agency a delinquency in support or a failure to comply with a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to notify a credentialing board that a certification of delinquency in support or failure to comply with a subpoena or warrant has been made by the department of children and families with respect to an individual who holds or applied for a credential granted by the credentialing board.

32,1631 Section 1631. 49.857 (2) (b) 2. c. of the statutes is amended to read:

49.857 (2) (b) 2. c. Notifying the licensing authority or licensing agency that an individual has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to notify a credentialing board that an individual who holds or applied for a credential granted by the credentialing board has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant.

32,1632 Section 1632. 49.857 (2) (b) 3. a. of the statutes is amended to read:

49.857 (2) (b) 3. a. Restricting, limiting, suspending, withholding, denying, refusing to grant or issue or refusing to renew or revalidate a license. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.

32,1633 Section 1633. 49.857 (2) (b) 3. c. of the statutes is amended to read:

49.857 (2) (b) 3. c. Issuing or reinstating a license if the department of children and families notifies the licensing authority or licensing agency that an individual who was delinquent in making court-ordered payments of support has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant. The memorandum of understanding with the department of regulation and licensing safety and professional services shall include procedures for the department of regulation and licensing safety and professional services to direct a credentialing board to grant or reinstate a credential if the department of children and families notifies the department of regulation and licensing safety and professional services that an individual who holds or applied for a credential granted by the credentialing board has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant.

32,1634 Section 1634. 49.857 (3) (a) 1. of the statutes is amended to read:

49.857 (3) (a) 1. That a certification of delinquency in paying support will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services.

32,1635 Section 1635. 49.857 (3) (am) 1. of the statutes is amended to read:

49.857 (3) (am) 1. That the individual's name has been placed on a certification list, which will be provided to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services.

32,1636 Section 1636. 49.857 (3) (b) 1. of the statutes is amended to read:

49.857 (3) (b) 1. That a certification of the failure to comply with a subpoena or warrant will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services.

32,1637 Section 1637. 49.857 (3) (c) (intro.) of the statutes is amended to read:

49.857 (3) (c) (intro.) If the department of children and families provides a certification list to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services, upon receipt of the list the licensing authority if the licensing authority agrees, the licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing safety and professional services shall do all of the following:

32,1638 Section 1638. 49.857 (3) (d) 1. of the statutes is amended to read:

49.857 (3) (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of delinquent support, is denied a license or whose license, on the basis of delinquent support, is restricted, limited, suspended, or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) pays the delinquent amount of support in full or makes satisfactory alternative payment arrangements, the department of children and families shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing safety and professional services shall, upon notice by the department of children and families, notify the credentialing board to grant or reinstate the individual's credential.

32,1639 Section 1639. 49.857 (3) (d) 2. of the statutes is amended to read:

49.857 (3) (d) 2. Subject to sub. (2) (d), if an individual who, on the basis of a failure to comply with a subpoena or warrant, is denied a license or whose license, on the basis of a failure to comply with a subpoena or warrant, is restricted, limited, suspended, or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) satisfies the requirements under the subpoena or warrant, the department of children and families shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing safety and professional services shall, upon notice by the department of children and families, notify the credentialing board to grant or reinstate the individual's credential.

32,1640 Section 1640. 49.857 (4) of the statutes is amended to read:

49.857 (4) Each licensing agency shall enter into a memorandum of understanding with the department of children and families under sub. (2) (b) and shall cooperate with the department of children and families in its administration of s. 49.22. The department of regulation and licensing safety and professional services shall enter into a memorandum of understanding with the department of children and families on behalf of a credentialing board with respect to a credential granted by the credentialing board.

32,1647 Section 1647. 50.01 (1) (c) of the statutes is repealed.

32,1648 Section 1648. 50.01 (1g) (c) of the statutes is amended to read:

50.01 (1g) (c) A shelter facility as defined under s. 560.9808 16.308 (1) (d).

32,1649 Section 1649. 50.02 (1) of the statutes is amended to read:

50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under ss. 50.031 and s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce safety and professional services or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

32,1650 Section 1650. 50.02 (2) (a) of the statutes is amended to read:

50.02 (2) (a) The department, by rule, shall develop, establish and enforce regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities and nursing homes and for the construction, general hygiene, maintenance and operation of those facilities which, in the light of advancing knowledge, will promote safe and adequate accommodation, care and treatment of residents in those facilities; and promulgate and enforce rules consistent with this section. Such standards and rules shall provide that intermediate care facilities, which have 16 or fewer beds may, if exempted from meeting certain physical plant, staffing and other requirements of the federal regulations, be exempted from meeting the corresponding provisions of the department's standards and rules. The department shall consult with the department of commerce safety and professional services when developing exemptions relating to physical plant requirements.

32,1652 Section 1652. 50.031 of the statutes is repealed.

32,1653 Section 1653. 50.035 (2) (a) 3. of the statutes is amended to read:

50.035 (2) (a) 3. The department or the department of commerce safety and professional services may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.

32,1654 Section 1654. 50.035 (2) (b) (intro.) of the statutes is amended to read:

50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of commerce safety and professional services. At least one smoke detector shall be located at each of the following locations:

32,1656 Section 1656. 50.065 (2) (am) 3. of the statutes is amended to read:

50.065 (2) (am) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

32,1657 Section 1657. 50.065 (2) (b) 3. of the statutes is amended to read:

50.065 (2) (b) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

32,1658 Section 1658. 50.065 (4m) (a) 5. of the statutes is amended to read:

50.065 (4m) (a) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

32,1659 Section 1659. 50.065 (4m) (b) 5. of the statutes is amended to read:

50.065 (4m) (b) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

32,1660 Section 1660. 50.36 (1) of the statutes is amended to read:

50.36 (1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employees; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of commerce safety and professional services shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of commerce safety and professional services. Except for the construction codes and standards of the department of commerce safety and professional services and except as provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

32,1661 Section 1661. 50.36 (6) of the statutes is amended to read:

50.36 (6) If the department receives a credible complaint that a pharmacy located in a hospital has violated its duty to dispense contraceptive drugs and devices under s. 450.095 (2), the department shall refer the complaint to the department of regulation and licensing safety and professional services.

32,1663 Section 1663. 51.03 (6) of the statutes is repealed.

32,1664 Section 1664. 51.35 (5) of the statutes is amended to read:

51.35 (5) Residential living arrangements; transitionary services. The department and any person, director, or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under s. 560.9808 16.308 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.

32,1665 Section 1665. 51.42 (3) (a) of the statutes is amended to read:

51.42 (3) (a) Creation. Except as provided under s. 46.23 (3) (b), the county board of supervisors of any county, or the county boards of supervisors of 2 or more contiguous counties, shall establish a county department of community programs on a single-county or multicounty basis to administer a community mental health, developmental disabilities, alcoholism and drug abuse program, make appropriations to operate the program and authorize the county department of community programs to apply for grants-in-aid under s. 51.423. The county department of community programs shall consist of a county community programs board, a county community programs director and necessary personnel.

32,1666 Section 1666. 51.42 (7) (a) 7. of the statutes is amended to read:

51.42 (7) (a) 7. Develop a program in consultation with the department of regulation and licensing safety and professional services to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health services in evaluating community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e) and 455.065 (5).

32,1667 Section 1667. 51.437 (4g) (a) of the statutes is amended to read:

51.437 (4g) (a) Except as provided under par. (b) and ss. 46.21 (2m) (b) and 46.23 (3) (b), every county board of supervisors shall establish a county department of developmental disabilities services on a single-county or multicounty basis to furnish services within its county. Adjacent counties, Counties lacking the financial resources and professional personnel needed to provide or secure such services on a single-county basis, may and shall be encouraged to combine their energies and financial resources to provide these joint services and facilities with the approval of the department of health services. The county department of developmental disabilities services shall consist of a county developmental disabilities services board, a county developmental disabilities services director and necessary personnel.

32,1667g Section 1667g. 51.61 (1) (o) of the statutes is amended to read:

51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or taped, unless the patient signs an informed and voluntary consent that specifically authorizes a named individual or group to film or tape the patient for a particular purpose or project during a specified time period. The patient may specify in the consent periods during which, or situations in which, the patient may not be filmed or taped. If a patient is adjudicated incompetent, the consent shall be granted on behalf of the patient by the patient's guardian. A patient in Goodland Hall at the Mendota Mental Health Institute, or a patient detained or committed under ch. 980 and placed in a facility specified under s. 980.065, or a patient who is in the legal custody of or under the supervision of the department of corrections, may be subject to video surveillance or filmed or taped for security purposes without the patient's consent, except that such a patient may not be filmed in patient bedrooms or bathrooms without the patient's consent unless the patient is engaged in dangerous or disruptive behavior. A treatment activity involving a patient committed or detained under ch. 980 may be filmed or taped if the purpose of the recording is to assess the quality of the treatment activity or to facilitate clinical supervision of the staff involved in the treatment activity.

32,1668 Section 1668. 55.043 (4) (b) 5. of the statutes is amended to read:

55.043 (4) (b) 5. Refer the case to the department of regulation and licensing safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

32,1670 Section 1670. 59.27 (10) of the statutes is amended to read:

59.27 (10) To enforce in the county all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

32,1675n Section 1675n. 59.52 (30) of the statutes is created to read:

59.52 (30) Limitation on performance of highway work. Notwithstanding ss. 66.0131, 66.0301, and 83.035, a county may not use its own workforce to perform a highway improvement project on a highway under the jurisdiction of another county or a municipality that is located in a different county unless one of the following applies:

(a) A portion of the project lies within the county performing the work and no portion of the project extends beyond an adjoining county.

(b) The project lies, wholly or in part, within a municipality that lies partially within the county performing the work.

32,1677 Section 1677. 59.57 (1) (a) of the statutes is amended to read:

59.57 (1) (a) Subject to par. (b), the board may appropriate money for and create a county industrial development agency or to any nonprofit agency organized to engage or engaging in activities described in this paragraph, appoint an executive officer and provide a staff and facilities to promote and develop the resources of the county and of its component municipalities. To this end the agency may, without limitation because of enumeration, develop data regarding the industrial needs, advantages and sites in the county, acquaint the purchaser with the products of the county by promotional activities, coordinate its work with that of the county planning commission, the department of commerce Wisconsin Economic Development Corporation, and private credit development corporations, and do all things necessary to provide for the continued improvement of the industrial climate of the county.

32,1678 Section 1678. 59.57 (1) (b) of the statutes is amended to read:

59.57 (1) (b) If a county with a population of 500,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 560.036 16.287 (1) (f), and that principally serves minority group members.

32,1679d Section 1679d. 59.58 (6) of the statutes is repealed.

32,1679h Section 1679h. 59.58 (7) of the statutes, as affected by 2011 Wisconsin Act ... (this act), is repealed.

32,1679p Section 1679p. 59.58 (7) (e) (intro.) of the statutes is amended to read:

59.58 (7) (e) (intro.) The Subject to s. 77.9973 (2), the authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

32,1679t Section 1679t. 59.58 (7) (i) and (j) of the statutes are repealed.

32,1680m Section 1680m. 59.605 (6) of the statutes is created to read:

59.605 (6) Temporary suspension of the limit. This section does not apply to a county's levy that is imposed in December 2011 or December 2012.

32,1681 Section 1681. 59.69 (4c) of the statutes is amended to read:

59.69 (4c) Construction site ordinance limits. Except as provided in s. 281.33 (3m) (f) 101.1206 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building.

32,1682 Section 1682 . 59.69 (15) (intro.) of the statutes is amended to read:

59.69 (15) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any municipality, shall be subject to the following criteria: