2017 Wisconsin Act 59

50.38 (6) (b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xc), refund to eligible hospitals, other than critical access hospitals, the difference between the amount in the schedule under s. 20.005 (3) for that appropriation and the amount any amounts not expended or encumbered from that appropriation in the fiscal year or transferred under sub. (8).

59,971t Section 971t. 50.38 (6m) (b) of the statutes is amended to read:

50.38 (6m) (b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xe), refund to critical access hospitals any unencumbered moneys in the critical access hospital assessment fund amounts not expended or encumbered from that appropriation in the fiscal year or transferred under sub. (10).

59,971v Section 971v. 50.38 (8) of the statutes is amended to read:

50.38 (8) In each state fiscal year, the secretary of administration shall transfer from the hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount in the schedule under s. 20.005 (3) for the appropriation under s. 20.435 (4) (xc) collected under sub. (2) (a) for that fiscal year minus the state share of payments to hospitals required under s. 49.45 (3) (e) 11., and minus any refunds paid to hospitals from the hospital assessment fund under sub. (6) (a) in that fiscal year.

59,973 Section 973 . 50.49 (6) (a) of the statutes is amended to read:

50.49 (6) (a) Except as provided in s. 50.498, the department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agency meets the requirements established by this section. The Except as provided in par. (am), the department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports. Each licensee shall annually file a report with the department.

59,974 Section 974 . 50.49 (6) (am) of the statutes is created to read:

50.49 (6) (am) In lieu of performing its own inspection or investigation under par. (a), the department may recognize as evidence for purposes of licensure accreditation of the home health agency by an organization that is approved by the federal centers for Medicare and Medicaid services and that meets any requirements established by the department. The home health agency shall provide the department with a copy of the report by the accreditation organization of each periodic review the organization conducts of the home health agency for the department's use in tracking compliance, investigating complaints, and conducting further surveys.

59,976 Section 976 . 50.92 (4) (b) of the statutes is amended to read:

50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations as a hospice from an organization that is approved by the federal centers for Medicare and Medicaid services and that meets any requirements established by the department. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations organization of each periodic review the association organization conducts of the hospice.

59,977 Section 977 . 51.042 of the statutes is created to read:

51.042 Youth crisis stabilization facilities. (1) Definitions. In this section:

(a) “Crisis” means a situation caused by an individual's apparent mental disorder that results in a high level of stress or anxiety for the individual, persons providing care for the individual, or the public and that is not resolved by the available coping methods of the individual or by the efforts of those providing ordinary care or support for the individual.

(b) “Youth crisis stabilization facility” is a treatment facility with a maximum of 8 beds that admits a minor to prevent or de-escalate the minor's mental health crisis and avoid admission of the minor to a more restrictive setting.

(2) Certification required; exemption. (a) No person may operate a youth crisis stabilization facility without a certification from the department. The department may limit the number of certifications it grants to operate a youth crisis stabilization facility.

(b) A youth crisis stabilization facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

(3) Admission of minors. A minor may be admitted to a youth crisis stabilization facility under this section by a court order under s. 51.20 (13) (a) 3. or through the procedure under s. 51.13. No person may transport a minor to a youth crisis stabilization facility for detention under s. 51.15.

(4) Rules. The department may promulgate rules to implement this section.

59,978f Section 978f. 51.20 (5) of the statutes is renumbered 51.20 (5) (a) and amended to read:

51.20 (5) (a) The hearings which are required to be held under this chapter shall conform to the essentials of due process and fair treatment including the right to an open hearing, the right to request a closed hearing, the right to counsel, the right to present and cross-examine witnesses, the right to remain silent and the right to a jury trial if requested under sub. (11). The parent or guardian of a minor who is the subject of a hearing shall have the right to participate in the hearing and to be represented by counsel. All proceedings under this chapter shall be reported as provided in SCR 71.01.

(b) The court may determine to hold a hearing under this section at the institution at which the individual is detained, whether or not located in the same county as the court with which the petition was filed, unless the individual or his or her attorney objects.

59,978k Section 978k. 51.20 (5) (c) of the statutes is created to read:

51.20 (5) (c) 1. In a county in which the courthouse is 100 miles or more away from the facility at which the subject of the hearing is detained and has videoconferencing capabilities that meet the technical and operational standards under s. 885.54, the court may conduct the hearing under this section by videoconference unless both the corporation counsel and counsel representing the subject of the hearing object.

2. Subdivision 1. does not preclude a court from conducting a hearing by videoconference in circumstances other than described under subd. 1.

59,979 Section 979 . 51.44 (3) (d) of the statutes is created to read:

51.44 (3) (d) From the appropriation under s. 20.435 (7) (bt), the department may pay the nonfederal share of Medical Assistance costs for services provided under s. 49.45 (54) (c).

59,979k Section 979k. 51.45 (13) (d) of the statutes is amended to read:

51.45 (13) (d) Whenever it is desired to involuntarily commit a person, a preliminary hearing shall be held under this paragraph. The purpose of the preliminary hearing shall be to determine if there is probable cause for believing that the allegations of the petition under par. (a) are true. The court shall assure that the person is represented by counsel at the preliminary hearing by referring the person to the state public defender, who shall appoint counsel for the person without a determination of indigency, as provided in s. 51.60. Counsel shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the preliminary hearing. The person shall be present in person or by videoconference under s. 51.20 (5) (c) at the preliminary hearing and shall be afforded a meaningful opportunity to be heard. Upon failure to make a finding of probable cause under this paragraph, the court shall dismiss the petition and discharge the person from the custody of the county department.

59,979p Section 979p. 51.61 (1) (z) of the statutes is created to read:

51.61 (1) (z) In the case of a patient committed under ch. 980, have the right to have a county department submit a report under s. 980.08 (4) (dm) within the time frame specified under that paragraph.

59,980s Section 980s. 59.17 (2) (b) 3. (intro.) of the statutes is renumbered 59.17 (2) (b) 3. and amended to read:

59.17 (2) (b) 3. Exercise the authority under s. 59.52 (6) (a) that would otherwise be exercised by a county board, except that the county board may continue to exercise the authority under s. 59.52 (6) with regard to land that is zoned as a park on or after July 14, 2015, other than land zoned as a park in the city of Milwaukee that is located within the area west of Lincoln Memorial Drive, south of E. Michigan Street, east of N. Van Buren Street, and north of E. Clybourn Avenue. With regard to the sale, acquisition, or lease as landlord or tenant of property, other than certain park land as described in this subdivision, the county executive's action need not must be consistent with established county board policy and may take effect without submission to or approval by must be approved by the county board. The proceeds of the sale of property as authorized under this subdivision shall first be applied to any debt attached to the property. Before the county executive's sale of county land may take effect, a majority of the following must sign a document, a copy of which will be attached to the bill of sale and a copy of which will be retained by the county, certifying that they believe the sale is in the best interests of the county: to take effect. The county board may only approve or reject the contract as negotiated by the county executive.

59,980se Section 980se. 59.17 (2) (b) 3. a. to c. of the statutes are repealed.

59,981 Section 981 . 59.20 (3) (a) of the statutes is amended to read:

59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer, comptroller, register of probate, clerk, and county surveyor shall keep his or her office at the county seat in the offices provided by the county or by special provision of law; or if there is none, then at such place as the board directs. The board may also require any elective or appointive county official to keep his or her office at the county seat in an office to be provided by the county. All such officers shall keep their offices open during the usual business hours of any day except Sunday, as the board directs. With proper care, the officers shall open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers, or minutes therefrom except as authorized in par. (c) and ss. 19.36 (10) to (12) and (11) and 19.59 (3) (d) or under ch. 69.

59,981e Section 981e. 59.255 (2) (L) of the statutes is created to read:

59.255 (2) (L) The comptroller shall administer accounts payable, payroll, accounting, and financial information systems.

59,981h Section 981h. 59.52 (6) (intro.) of the statutes is amended to read:

59.52 (6) Property. (intro.) Except as provided in s. 59.17 (2) (b) 3., the The board may:

59,981m Section 981m. 59.52 (6) (a) of the statutes is amended to read:

59.52 (6) (a) How acquired; purposes. Take Except as provided in s. 59.17 (2) (b) 3., take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982b Section 982b. 59.52 (7) of the statutes is amended to read:

59.52 (7) Joint cooperation. The board may join with the state, other counties and municipalities in a cooperative arrangement as provided by s. 66.0301, including the acquisition, development, remodeling, construction, equipment, operation and maintenance of land, buildings and facilities for regional projects, whether or not such projects are located within the county. If a county is required to establish or maintain an agency, department, commission, or any other office or position to carry out a county responsibility, and the county joins with another county or municipality by entering into an intergovernmental cooperation contract under s. 66.0301 (2) to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills the county's obligation to establish or maintain such entities or positions until the contract entered into under s. 66.0301 (2) expires or is terminated by the parties. In addition, if 2 or more counties enter into an intergovernmental cooperation contract and create a commission under s. 66.0301 (2) to jointly or regionally administer a function or project, the commission shall be considered to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under s. 66.0301 (2).

59,982f Section 982f. 59.52 (31) (e) of the statutes is repealed.

59,982i Section 982i. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

59.69 (10) (ab) (intro.) In this subsection “ nonconforming use":

3. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982ib Section 982ib. 59.69 (10) (ab) 1. of the statutes is created to read:

59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being separated only by a waterway, section line, public road, private road, transportation right-of-way, or utility right-of-way.

59,982ic Section 982ic. 59.69 (10) (ab) 2. of the statutes is created to read:

59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry existed lawfully before the quarry became a nonconforming use, and includes any parcel of land that, as of the effective date of this subdivision .... [LRB inserts date], is contiguous to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

59,982id Section 982id. 59.69 (10) (ab) 4. of the statutes is created to read:

59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.0414 (2) (d).

59,982ie Section 982ie. 59.69 (10) (ab) 5. of the statutes is created to read:

59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

59,982if Section 982if. 59.69 (10) (ap) of the statutes is created to read:

59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this section may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted.

59,982ig Section 982ig. 59.69 (10s) of the statutes is created to read:

59.69 (10s) Renewal of quarry permits. (a) Except as provided in par. (b), a county shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

(b) A county may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the county of the violation and a reasonable opportunity for the quarry operator to cure the violation.

59,982m Section 982m. 60.61 (5) (ab) of the statutes is renumbered 60.61 (5) (ab) (intro.) and amended to read:

60.61 (5) (ab) (intro.) In this subsection “ nonconforming use":

2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982mb Section 982mb. 60.61 (5) (ab) 1. of the statutes is created to read:

60.61 (5) (ab) 1. “Nonconforming quarry site” has the meaning given in s. 59.69 (10) (ab) 2.

59,982mc Section 982mc. 60.61 (5) (ab) 3. of the statutes is created to read:

60.61 (5) (ab) 3. “Quarry” has the meaning given in s. 66.0414 (2) (d).

59,982md Section 982md. 60.61 (5) (ab) 4. of the statutes is created to read:

60.61 (5) (ab) 4. “Quarry operations” has the meaning given in s. 66.0414 (2) (e).

59,982me Section 982me. 60.61 (5) (as) of the statutes is created to read:

60.61 (5) (as) Notwithstanding par. (am), an ordinance enacted under this section may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted.

59,982mf Section 982mf. 60.61 (5s) of the statutes is created to read:

60.61 (5s) Renewal of quarry permits. (a) Except as provided in par. (b), a town shall, upon submission by a quarry operator of an application for renewal of a permit, as defined in s. 66.0414 (2) (a), renew the permit if the permit has a duration of less than 10 years.

(b) A town may deny the renewal of a permit, as defined in s. 66.0414 (2) (a), having a duration of less than 10 years if the holder of the permit fails to cure a material violation of a condition of the permit after reasonable notice from the town of the violation and a reasonable opportunity for the quarry operator to cure the violation.

59,982p Section 982p. 60.782 (2) (d) of the statutes is amended to read:

60.782 (2) (d) Lease or acquire, including by condemnation, any real property situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g) or 30.275 (4). The power of condemnation may not used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982pg Section 982pg. 61.34 (3) of the statutes is renumbered 61.34 (3) (a) and amended to read:

61.34 (3) (a) The Except as provided in par. (b), the village board may acquire property, real or personal, within or outside the village, for parks, libraries, recreation, beautification, streets, water systems, sewage or waste disposal, harbors, improvement of watercourses, public grounds, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the village, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for instruction, recreation, amusement and other public purposes; and may sell and convey such property. Condemnation shall be as provided by ch. 32.

59,982pm Section 982pm. 61.34 (3) (b) of the statutes is created to read:

61.34 (3) (b) The village board may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982pr Section 982pr. 62.22 (1) of the statutes is renumbered 62.22 (1) (a) and amended to read:

62.22 (1) (a) The Except as provided in par. (b), the governing body of any city may by gift, purchase or condemnation acquire property, real or personal, within or outside the city, for parks, recreation, water systems, sewage or waste disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for any other public purpose; may acquire real property within or contiguous to the city, by means other than condemnation, for industrial sites; may improve and beautify the same; may construct, own, lease and maintain buildings on such property for public purposes; and may sell and convey such property. The power of condemnation for any such purpose shall be as provided by ch. 32.

59,982pt Section 982pt. 62.22 (1) (b) of the statutes is created to read:

62.22 (1) (b) The governing body of any city may not use the power of condemnation to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982q Section 982q. 62.23 (7) (ab) of the statutes is renumbered 62.23 (7) (ab) (intro.) and amended to read:

62.23 (7) (ab) Definition Definitions. (intro.) In this subsection “nonconforming use":

2. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982qb Section 982qb. 62.23 (7) (ab) 1. of the statutes is created to read: