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:
32,1683
Section
1683. 59.691 (2) (b) 1. of the statutes is amended to read:
59.691 (2) (b) 1. A county is not required to give the notice under par. (a) at the time that it issues a building permit if the county issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.
59.875 Payment of contributions in an employee retirement system of populous counties. (1) In this section, "county" means any county having a population of 500,000 or more.
(2) (a) Beginning on the effective date of this subsection .... [LRB inserts date], in any employee retirement system of a county, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in par. (b), employees shall pay half of all actuarially required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the actuarially required contributions.
(b) 1. An employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the employer before the effective date of this subdivision .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this subdivision .... [LRB inserts date].
2. An employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the employer before the effective date of this subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the employer, or a successor employer in the event of a combined department that is created on or after the effective date of this subdivision .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this subdivision .... [LRB inserts date].
32,1685
Section
1685. 60.23 (4) (c) of the statutes is amended to read:
60.23 (4) (c) Coordinate its activities with the county planning commission, the department of commerce Wisconsin Economic Development Corporation, and private credit development organizations.
32,1686
Section
1686. 60.55 (1) (a) 5. of the statutes is created to read:
60.55 (1) (a) 5. Creating a combined protective services department under s. 60.553.
32,1687
Section
1687. 60.553 of the statutes is created to read:
60.553 Combined protective services.
(1) Any town may provide police and fire protection services by any of the following:
(a) A combined protective services department which is neither a police department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).
