AB40: Bill Text

AB40, s. 1656 Section 1656. 50.065 (2) (am) 3. of the statutes is amended to read:

AB40,715,24 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.

AB40, s. 1657 Section 1657. 50.065 (2) (b) 3. of the statutes is amended to read:

AB40,716,3 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.

AB40, s. 1658 Section 1658. 50.065 (4m) (a) 5. of the statutes is amended to read:

AB40,716,8 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.

AB40, s. 1659 Section 1659. 50.065 (4m) (b) 5. of the statutes is amended to read:

AB40,716,13 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.

AB40, s. 1660 Section 1660. 50.36 (1) of the statutes is amended to read:

AB40,717,2 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.

AB40, s. 1661 Section 1661. 50.36 (6) of the statutes is amended to read:

AB40,717,7 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.

AB40, s. 1662 Section 1662. 50.38 (10) of the statutes is amended to read:

AB40,717,15 50.38 (10) In each state fiscal year, the secretary of administration shall transfer from the critical access hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount collected under sub. (2) (b) minus the state share of the amount required to be expended under s. 49.45 (3) (e) 12., minus the amounts appropriated under s. ss. 20.280 (1) (qe) and (qj) and 20.285 (1) (qe) and (qj), and minus any refunds paid to critical access hospitals from the critical access hospital assessment fund under sub. (6m) (a) in that fiscal year.

AB40, s. 1663 Section 1663. 51.03 (6) of the statutes is repealed.

AB40, s. 1664 Section 1664. 51.35 (5) of the statutes is amended to read:

AB40,717,25 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 234.5608 (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.

AB40, s. 1665 Section 1665. 51.42 (3) (a) of the statutes is amended to read:

AB40,718,10 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.

AB40, s. 1666 Section 1666. 51.42 (7) (a) 7. of the statutes is amended to read:

AB40,718,17 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).

AB40, s. 1667 Section 1667. 51.437 (4g) (a) of the statutes is amended to read:

AB40,719,4 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.

AB40, s. 1668 Section 1668. 55.043 (4) (b) 5. of the statutes is amended to read:

AB40,719,9 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.

AB40, s. 1669 Section 1669. 59.22 (2) (c) 2. of the statutes is amended to read:

AB40,719,15 59.22 (2) (c) 2. No action of the board may be contrary to or in derogation of the rules of the department of children and families under s. 49.78 (4) to (7) 49.19 (19g) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

AB40, s. 1670 Section 1670. 59.27 (10) of the statutes is amended to read:

AB40,719,19 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.

AB40, s. 1671 Section 1671. 59.40 (6) of the statutes is created to read:

AB40,719,23 59.40 (6) Self-help centers. (a) A board may direct its clerk of courts to operate a self-help center in the county courthouse to provide individuals with information regarding the court system, including all of the following:

AB40,719,24 1. How to represent oneself in circuit court.

AB40,719,25 2. How to obtain legal assistance or legal information.

AB40,720,2 3. Information regarding legal proceedings such as small claims actions, family law, and foreclosure.

AB40,720,3 4. How to file an appeal.

AB40,720,4 5. Information about people and offices in the courthouse.

AB40,720,5 6. Where to obtain, and how to fill out, legal forms.

AB40,720,6 7. Answers to frequently asked questions concerning the legal system.

AB40,720,9 (b) The clerk of courts may staff a self-help center with county employees or volunteers, although no one who works or volunteers at a self-help center may provide legal advice to a patron of the self-help center.

AB40,720,11 (c) The board may impose on, and collect a fee from, individuals who use the services of a self-help center described under par. (a).

AB40, s. 1672 Section 1672. 59.56 (3) (a) of the statutes is amended to read:

AB40,720,15 59.56 (3) (a) Creation. A board may establish and maintain an educational program in cooperation with the University of Wisconsin System, referred to in this subsection as "University Extension Program".

AB40, s. 1673 Section 1673. 59.56 (3) (c) 2. of the statutes is amended to read:

AB40,720,22 59.56 (3) (c) 2. The committee on agriculture and extension education may enter into joint employment agreements with the university extension or with other counties and the university extension if the county funds that are committed in the agreements have been appropriated by the board. Persons so employed under cooperative agreements and approved by the board of regents shall be considered employees of both the county and the University of Wisconsin System.

AB40, s. 1674 Section 1674. 59.56 (3) (f) 1. (intro.) of the statutes is amended to read:

AB40,721,4 59.56 (3) (f) 1. (intro.) A university extension program is authorized, under the direction and supervision of the county committee on agriculture and extension education, cooperating with the university extension of the University of Wisconsin System, and within the limits of funds provided by the board and cooperating state and federal agencies, to make available the necessary facilities and conduct programs in the following areas:

AB40, s. 1675 Section 1675. 59.56 (3) (g) of the statutes is amended to read:

AB40,721,13 59.56 (3) (g) Department of government. For the purposes of s. 59.22 (2) (d) the university extension program shall be a department of county government and the committee on agriculture and extension education shall be the committee which is delegated the authority to direct and supervise the department. In cooperation with the university extension of the University of Wisconsin System, the committee on agriculture and extension education shall have the responsibility to formulate and execute the university extension program. The university extension shall annually report to the board its activities and accomplishments.

AB40, s. 1676 Section 1676. 59.56 (4) of the statutes is amended to read:

AB40,721,18 59.56 (4) University college campuses. The board may appropriate money for the construction, remodeling, expansion, acquisition or equipping of land, buildings and facilities for a University of Wisconsin System college campus, as defined in s. 36.05 (6m), if the operation of it has been approved by the board of regents.

AB40, s. 1677 Section 1677. 59.57 (1) (a) of the statutes is amended to read:

AB40,722,6 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.

AB40, s. 1678 Section 1678. 59.57 (1) (b) of the statutes is amended to read:

AB40,722,12 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. 560.036 490.04 (1) (f), and that principally serves minority group members.

AB40, s. 1679 Section 1679. 59.58 (7) (e) (intro.) of the statutes is amended to read:

AB40,722,15 59.58 (7) (e) (intro.) The Subject to par. (em), the authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

AB40, s. 1680 Section 1680. 59.58 (7) (em) of the statutes is created to read:

AB40,722,22 59.58 (7) (em) 1. The authority may not impose the fees specified in par. (e) unless a referendum is held in the counties of Kenosha, Racine, and Milwaukee on the question of whether the authority may impose these fees and, in each county, the referendum is decided in the affirmative. The authority's board of directors, in conjunction with the appropriate official in each county, shall be responsible for calling the referendum in each county.

AB40,723,2 2. If, on the effective date of this subdivision .... [LRB inserts date], the fees specified in par. (e) have already been imposed by the authority, those fees shall be suspended on the first day of the 13th month beginning after the effective date of this subdivision .... [LRB inserts date], and shall remain suspended until the referendum requirement in subd. 1. is thereafter satisfied.

AB40,723,4 3. If a referendum is held under this paragraph, the authority shall promptly provide the department of revenue with the results of the referendum.

AB40, s. 1681 Section 1681. 59.69 (4c) of the statutes is amended to read:

AB40,723,10 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.

AB40, s. 1682 Section 1682 . 59.69 (15) (intro.) of the statutes is amended to read:

AB40,723,16 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:

AB40, s. 1683 Section 1683. 59.691 (2) (b) 1. of the statutes is amended to read:

AB40,723,21 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.

AB40, s. 1684 Section 1684. 59.70 (2) (L) of the statutes is amended to read:

AB40,724,5 59.70 (2) (L) Appropriate funds and levy taxes to provide funds for acquisition or lease of sites, easements, necessary facilities and equipment and for all other costs required for the solid waste management system except that no municipality which operates its own solid waste management program under s. 287.09 (2) (a) or waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the capital and operating costs of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.

AB40, s. 1685 Section 1685. 60.23 (4) (c) of the statutes is amended to read:

AB40,724,9 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.

AB40, s. 1686 Section 1686. 60.55 (1) (a) 5. of the statutes is created to read:

AB40,724,12 60.55 (1) (a) 5. Creating a combined protective services department under s. 60.553.

AB40, s. 1687 Section 1687. 60.553 of the statutes is created to read:

AB40,724,15 60.553 Combined protective services. (1) Any town may provide police and fire protection services by any of the following:

AB40,724,21 (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).

AB40,725,2 (b) Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, 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).

AB40,725,6 (2) The governing body of a town acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes described in ss. 62.13 (7m), (7n), (10m), and (11) 891.45, 891.453, and 891.455.

AB40, s. 1688 Section 1688. 60.56 (1) (a) 4. of the statutes is created to read:

AB40,725,9 60.56 (1) (a) 4. Creating a combined protective services department under s. 60.553.

AB40, s. 1689 Section 1689. 60.56 (1) (am) (intro.) of the statutes is amended to read:

AB40,725,21 60.56 (1) (am) (intro.) If a town board establishes a town police department under par. (a) 1. or 2. and does not create a board of police commissioners singly or in combination with another town, village or city, or if a town board establishes a combined protective services department under s. 60.553 and does not create a board of police and fire commissioners, the town may not suspend, reduce, suspend and reduce, or remove any police chief, chief of a combined protective services department, or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the town board does one of the following:

AB40, s. 1690 Section 1690. 60.57 (1) (c) of the statutes is amended to read:

AB40,725,24 60.57 (1) (c) If the town has both a police and fire department, or a combined protective services department, establish a board of police and fire commissioners.

AB40, s. 1691 Section 1691. 60.625 (2) (b) 1. of the statutes is amended to read:

AB40,726,4 60.625 (2) (b) 1. A town is not required to give the notice under par. (a) at the time that it issues a building permit if the town issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40, s. 1692 Section 1692 . 60.63 (intro.) of the statutes is amended to read:

AB40,726,10 60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, 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 town shall be subject to the following criteria:

AB40, s. 1693 Section 1693. 60.71 (4) (b) of the statutes is amended to read:

AB40,726,16 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce safety and professional services and the department of natural resources at least 10 days prior to the hearing.