AB64: Bill Text

AB64,965 Section 965. 49.79 (10) (title) of the statutes is amended to read:

AB64,505,2 49.79 (10) (title) Eligibility and work requirements for able-bodied adults without dependents.

AB64,966 Section 966. 49.79 (10) (a) 1. of the statutes is amended to read:

AB64,505,6 49.79 (10) (a) 1. The department shall require an able-bodied adult without dependents who is participating in the food stamp program to fulfill the work requirement defined under 7 CFR 273.24 (a) (1).

AB64,967 Section 967. 49.79 (10) (a) 2. of the statutes is amended to read:

AB64,505,11 49.79 (10) (a) 2. If an able-bodied adult without dependents does not fulfill the work requirement, the department may limit the eligibility of the able-bodied adult's eligibility adult without dependents for food stamps to no more than 3 months during a 3-year period.

AB64,968 Section 968. 49.79 (10) (a) 3. of the statutes is amended to read:

AB64,505,15 49.79 (10) (a) 3. The department may exempt up to 15 percent of the able-bodied adults without dependents who are participating in the food stamp program from the time limit under subd. 2.

AB64,969 Section 969. 50.01 (2) of the statutes is amended to read:

AB64,505,23 50.01 (2) “Nurse aide" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. “Nurse aide" does not mean a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or 464; or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides.

AB64,970 Section 970. 50.36 (3) (b) of the statutes is amended to read:

AB64,506,8 50.36 (3) (b) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for any reasons that include the quality of or ability to practice, loses his or her hospital staff privileges, has his or her hospital staff privileges reduced, or resigns from the hospital staff, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB64,971 Section 971. 50.36 (3) (c) of the statutes is amended to read:

AB64,506,18 50.36 (3) (c) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatry affiliated credentialing board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more, or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board or podiatry affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.

AB64,972 Section 972. 50.39 (3) of the statutes is amended to read:

AB64,507,3 50.39 (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448, and 464 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical medical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB64,973 Section 973. 50.49 (6) (a) of the statutes is amended to read:

AB64,507,11 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.

AB64,974 Section 974. 50.49 (6) (am) of the statutes is created to read:

AB64,507,21 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.

AB64,975 Section 975. 50.50 (7m) of the statutes is amended to read:

AB64,507,24 50.50 (7m) “Occupational therapy" has the meaning given in s. 448.96 464.20 (5).

AB64,976 Section 976. 50.92 (4) (b) of the statutes is amended to read:

AB64,508,10 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.

AB64,977 Section 977. 51.042 of the statutes is created to read:

AB64,508,13 51.042 Youth crisis stabilization facilities. (1) Definitions. In this section:

AB64,508,18 (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.

AB64,508,21 (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.

AB64,508,25 (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.

AB64,509,2 (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.

AB64,509,6 (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.

AB64,509,7 (4) Rules. The department may promulgate rules to implement this section.

AB64,978 Section 978. 51.20 (1) (ar) (intro.) of the statutes is amended to read:

AB64,509,23 51.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition may allege that the inmate is mentally ill, is a proper subject for treatment, and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and it shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her, and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her, and his or her rights with a licensed physician or a licensed psychologist. The petition shall include the inmate's sentence and his or her expected date of release as determined under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached to it a signed statement by a licensed physician or a licensed psychologist of a state prison and a signed statement by a licensed physician or a licensed psychologist of a state treatment facility attesting either of the following:

AB64,979 Section 979 . 51.44 (3) (d) of the statutes is created to read:

AB64,510,3 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).

AB64,980 Section 980 . 55.043 (4) (b) 5. of the statutes is amended to read:

AB64,510,10 55.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of agriculture, trade and consumer protection, as appropriate, 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 460 480 or to hold a license, certification, or permit issued under s. 89.06, 89.072, or 89.073.

AB64,981 Section 981. 59.20 (3) (a) of the statutes is amended to read:

AB64,510,23 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.

AB64,982 Section 982. 59.52 (7) of the statutes is amended to read:

AB64,511,17 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 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 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 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.

AB64,983 Section 983. 66.0131 (6) of the statutes is created to read:

AB64,511,20 66.0131 (6) School districts. Subsections (3) to (5) do not apply to school districts.

AB64,984 Section 984. 66.0301 (2) of the statutes is amended to read:

AB64,512,20 66.0301 (2) Subject to s. 59.794 (2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state. If a municipality is required to establish or maintain an agency, department, commission, or any other office or position to carry out a municipal responsibility, and the municipality joins with another municipality by entering into an intergovernmental cooperation contract under this subsection 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 municipality's obligation to establish or maintain such entities or positions until the contract entered into under this subsection expires or is terminated by the parties. In addition, if 2 or more municipalities enter into an intergovernmental cooperation contract and create a commission under this section 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 this section.

AB64,985 Section 985 . 66.0602 (2m) (a) of the statutes is amended to read:

AB64,513,5 66.0602 (2m) (a) If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to a political subdivision in any year in which the political subdivision does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB64,986 Section 986 . 66.0901 (1) (a) of the statutes is renumbered 66.0901 (1) (as).

AB64,987 Section 987 . 66.0901 (1) (ae) of the statutes is created to read:

AB64,513,10 66.0901 (1) (ae) “Agreement with a labor organization" means any agreement with a labor organization, including a collective bargaining agreement, a project labor agreement, or a community workforce agreement.

AB64,988 Section 988 . 66.0901 (1) (am) of the statutes is created to read:

AB64,513,12 66.0901 (1) (am) “Labor organization" has the meaning given in s. 5.02 (8m).

AB64,989 Section 989 . 66.0901 (6) of the statutes is amended to read:

AB64,513,24 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. The Except as provided in sub. (6m), the municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency and ability to perform work and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid.

AB64,990 Section 990 . 66.0901 (6m) of the statutes is created to read:

AB64,514,2 66.0901 (6m) Prohibited practices. A municipality may not do any of the following in a specification for bids for a public contract under this section:

AB64,514,4 (a) Require that a bidder enter into or adhere to an agreement with a labor organization.

AB64,514,6 (b) Consider as a factor in making an award under this section whether any bidder has or has not entered into an agreement with a labor organization.

AB64,514,12 (c) Require that a bidder enter into, adhere to, or enforce any agreement that requires, as a condition of employment, that the bidder or bidder's employees become or remain members of, or be affiliated with, a labor organization or pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization or a labor organization's health, welfare, retirement, or other benefit plan or program.

AB64,991 Section 991 . 66.0901 (6s) of the statutes is created to read:

AB64,514,16 66.0901 (6s) Protected activity. Nothing in this section prohibits employers or employees from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 USC 151 to 169.

AB64,992 Section 992 . 66.0901 (9) (a) of the statutes is amended to read:

AB64,514,19 66.0901 (9) (a) Notwithstanding sub. (1) (a) (as), in this subsection, “municipality" does not include the department of transportation.

AB64,993 Section 993 . 66.0903 (1) (c) of the statutes is amended to read:

AB64,514,22 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 (1) (b), 2015 stats.

AB64,994 Section 994 . 66.0903 (1) (f) of the statutes is amended to read:

AB64,514,25 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 (1) (e), 2015 stats.

AB64,995 Section 995. 66.0903 (1) (g) of the statutes is amended to read:

AB64,515,3 66.0903 (1) (g) “Prevailing wage rate" includes the meanings given under s. 66.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f), 2015 stats.

AB64,996 Section 996 . 66.0903 (1) (j) of the statutes is amended to read:

AB64,515,6 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 (1) (j) includes an owner-operator of a truck.

AB64,997 Section 997. 69.68 of the statutes is amended to read:

AB64,515,13 69.68 Statement of indebtedness to secretary of state. Each county, city, village, town, and technical college district and school district clerk shall, whenever required by the secretary of state, furnish a full and complete statement showing the bonded and all other indebtedness of the respective county, city, village, town, or technical college district or school district, the purposes for which the same was incurred and all accrued interest, if any, remaining unpaid.

AB64,998 Section 998 . 70.57 (4) (b) 1. of the statutes is amended to read:

AB64,515,18 70.57 (4) (b) 1. For the year in which the error occurred, apportion county, school district, technical college district, and metropolitan sewerage district property taxes, and state forestation taxes under s. 70.58, to the taxation district using the taxation district's erroneous valuation.

AB64,999 Section 999 . 70.57 (4) (b) 2. of the statutes is amended to read:

AB64,515,23 70.57 (4) (b) 2. For the year in which the error occurred, apportion county, school district, technical college district, and metropolitan sewerage district property taxes, and state forestation taxes under s. 70.58, to the taxation district using the taxation district's correct valuation.

AB64,1000 Section 1000 . 70.58 (1) of the statutes is amended to read:

AB64,516,10 70.58 (1) Except as provided in sub. subs. (2) and (3), there is levied an annual tax of two-tenths of one mill for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57, for the purpose of acquiring, preserving and developing the forests of the state and for the purpose of forest crop law and county forest law administration and aid payments, for grants to forestry cooperatives under s. 36.56, and for the acquisition, purchase and development of forests described under s. 25.29 (7) (a) and (b), the proceeds of the tax to be paid into the conservation fund. The tax shall not be levied in any year in which general funds are appropriated for the purposes specified in this section, equal to or in excess of the amount which the tax would produce.

AB64,1001 Section 1001 . 70.58 (2) of the statutes is amended to read:

AB64,516,18 70.58 (2) In each of 3 years beginning with the property tax assessments as of January 1, 2005, the department of revenue shall adjust the rate of the tax imposed under this section so that the percentage increase from the previous year in the total amount levied under this section does not exceed 2.6 percent. The rate determined by the department of revenue for the property tax assessment as of January 1, 2007, shall be the rate of the tax imposed under this section for all subsequent years, ending with the property tax assessments as of January 1, 2017.

AB64,1002 Section 1002 . 70.58 (3) of the statutes is created to read:

AB64,516,24 70.58 (3) In fiscal year 2017-18, and in each fiscal year thereafter, an amount equal to 0.1697 mills for each dollar of the assessed valuation of the property of the state as determined by the department of revenue under s. 70.57 shall be transferred from the general fund to the conservation fund for the purposes described under sub. (1).

AB64,1003 Section 1003. 71.01 (6) (b) of the statutes is repealed.

AB64,1004 Section 1004. 71.01 (6) (j) 1. of the statutes is amended to read:

AB64,517,6 71.01 (6) (j) 1. For taxable years beginning after December 31, 2013, and before January 1, 2017, for individuals and fiduciaries, except fiduciaries of nuclear decommissioning trust or reserve funds, “Internal Revenue Code" means the federal Internal Revenue Code as amended to December 31, 2013, except as provided in subds. 2. and 3. and subject to subd. 4.

AB64,1005 Section 1005. 71.01 (6) (j) 3. i. of the statutes is created to read:

AB64,517,8 71.01 (6) (j) 3. i. Section 2004 of P.L. 114-41.