AB621: Bill Text

2019 Assembly BILL 621

November 20, 2019 - Introduced by Representatives Thiesfeldt, Skowronski, Brostoff, Mursau, Anderson, Bowen, Dittrich, Emerson, Knodl, Krug, Milroy, Sinicki, Spreitzer, Subeck, Tusler, Vruwink and C. Taylor, cosponsored by Senators Marklein, Larson and L. Taylor. Referred to Committee on State Affairs.

AB621,2,2 An Act to amend 15.377 (2) (intro.), 15.377 (2) (a), 15.377 (2) (b), 15.377 (2) (f), 20.255 (1) (d), 20.435 (1) (da), 20.435 (1) (hs), 20.866 (2) (zh), 46.295 (title), 46.295 (1), 46.295 (4) (intro.), 46.295 (4) (a), 46.295 (4) (b), 46.295 (5), 46.297 (title), 46.297 (1), 46.297 (2) (a), 46.298, 51.05 (6), 51.42 (7) (a) 6. a., 51.42 (7) (a) 6. b., 59.54 (5), 101.13 (1), 106.52 (1) (fm), 115.372 (1) (b), 115.372 (2), 115.372 (3) (b), 115.372 (3) (d), 115.372 (3) (e), 115.372 (3) (f), 115.372 (5), 115.51 (2), 115.52 (1m), 115.52 (2), 115.52 (3) (intro.), 115.52 (3) (a) 1., 115.52 (3) (a) 2., 115.52 (3) (a) 3., 115.52 (3) (b) 4., 115.52 (3) (b) 5., 115.52 (3) (b) 6., 115.52 (3) (b) 8., 115.52 (3) (b) 11., 115.52 (3) (b) 12., 115.52 (3) (c) 1., 115.52 (3) (c) 2., 115.52 (3) (c) 3., 115.53 (5), 115.54, 115.76 (5) (a) 2., 115.787 (3) (b) 4., 118.255 (1) (a), 459.01 (2), 459.01 (5), 459.10 (1) (q), 459.20 (3g), 459.20 (3p), 459.34 (2) (i), 632.895 (16) (a) 2., 632.895 (16) (b) 1. a., 885.37 (1), 885.37 (3) (b), 885.37 (5) (b), 905.015 (title) and 905.015 (1) of the statutes; relating to: changing terminology for hearing loss and individuals who are deaf or hard of hearing.

Analysis by the Legislative Reference Bureau

This bill substitutes the terms “hearing loss” and “deaf or hard of hearing” for the phrases “hearing impaired” and “hearing impairment” in the statutes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB621,1 Section 1. 15.377 (2) (intro.) of the statutes is amended to read:

AB621,2,8 15.377 (2) Deaf and hard-of-hearing education council. (intro.) There is created a deaf and hard-of-hearing education council in the department of public instruction. The council shall consist of the following members, at least 3 of whom must be hearing impaired deaf or hard of hearing, appointed by the state superintendent of public instruction for 3-year terms:

AB621,2 Section 2. 15.377 (2) (a) of the statutes is amended to read:

AB621,2,10 15.377 (2) (a) Two parents of children who are have hearing impaired loss.

AB621,3 Section 3. 15.377 (2) (b) of the statutes is amended to read:

AB621,2,13 15.377 (2) (b) One licensed teacher of pupils who are have hearing impaired loss.

AB621,4 Section 4. 15.377 (2) (f) of the statutes is amended to read:

AB621,2,17 15.377 (2) (f) One person who is experienced in educating the individuals with hearing impaired loss, or in educating teachers of the individuals with hearing impaired loss, and is affiliated with an institution of higher education.

AB621,5 Section 5. 20.255 (1) (d) of the statutes is amended to read:

AB621,3,5 20.255 (1) (d) Principal repayment and interest. A sum sufficient to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in financing the acquisition, construction, development, enlargement or improvement of institutional facilities for individuals with hearing impairments loss under s. 115.52, individuals with visual impairments under s. 115.525, and resources for libraries and lifelong learning service facilities under s. 43.05 (11) and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).

AB621,6 Section 6. 20.435 (1) (da) of the statutes is amended to read:

AB621,3,11 20.435 (1) (da) Interpreter services and telecommunication aid for the hearing impaired deaf and hard of hearing. The amounts in the schedule to provide interpreter services for hearing-impaired persons who are deaf or hard of hearing under s. 46.295 (1) and assistance under the telecommunication assistance program for the hearing impaired deaf and hard of hearing under s. 46.297.

AB621,7 Section 7. 20.435 (1) (hs) of the statutes is amended to read:

AB621,3,16 20.435 (1) (hs) Interpreter services for hearing impaired the deaf and hard of hearing. The amounts in the schedule for interpreter services for hearing-impaired persons who are deaf or hard of hearing under s. 46.295 (1). All moneys received from fees charged for the interpreter services shall be credited to this appropriation.

AB621,8 Section 8. 20.866 (2) (zh) of the statutes is amended to read:

AB621,3,24 20.866 (2) (zh) Public instruction; state school, state center and library facilities. From the capital improvement fund, a sum sufficient for the department of public instruction to acquire, construct, develop, enlarge, or improve institutional facilities for individuals with hearing impairments loss and individuals with visual impairments and resources for libraries and lifelong learning service facilities. The state may contract public debt in an amount not to exceed $12,350,600 for this purpose.

AB621,9 Section 9. 46.295 (title) of the statutes is amended to read:

AB621,4,2 46.295 (title) Interpreters for the hearing-impaired deaf and hard of hearing.

AB621,10 Section 10. 46.295 (1) of the statutes is amended to read:

AB621,4,8 46.295 (1) The department may, on the request of any hearing-impaired person who is deaf or hard of hearing, city, village, town, or county or private agency, provide funds from the appropriation accounts under s. 20.435 (1) (da) and (hs) to reimburse interpreters for hearing-impaired persons who are deaf or hard of hearing for the provision of interpreter services.

AB621,11 Section 11. 46.295 (4) (intro.) of the statutes is amended to read:

AB621,4,11 46.295 (4) (intro.) The department may use as an interpreter for hearing-impaired persons who are deaf or hard of hearing only the following:

AB621,12 Section 12. 46.295 (4) (a) of the statutes is amended to read:

AB621,4,14 46.295 (4) (a) An interpreter for hearing-impaired persons who are deaf or hard of hearing who is certified by the national registry of interpreters for the deaf.

AB621,13 Section 13. 46.295 (4) (b) of the statutes is amended to read:

AB621,4,18 46.295 (4) (b) If an interpreter under par. (a) is unavailable, an interpreter for hearing-impaired persons who are deaf or hard of hearing whose qualifications have been determined appropriate by the department.

AB621,14 Section 14. 46.295 (5) of the statutes is amended to read:

AB621,5,2 46.295 (5) The department may bill any public or private agency at the rates established by the department for interpreter services for hearing-impaired persons who are deaf or hard of hearing commensurate with the certification or qualification level of the interpreter providing services if the department determines that the agency is required under state or federal law to provide interpreter services to a hearing-impaired person who is deaf or hard of hearing or if the agency agrees to pay for the services.

AB621,15 Section 15. 46.297 (title) of the statutes is amended to read:

AB621,5,5 46.297 (title) Telecommunication aid for the hearing impaired deaf or hard of hearing.

AB621,16 Section 16. 46.297 (1) of the statutes is amended to read:

AB621,5,12 46.297 (1) Assistance. From the appropriation under s. 20.435 (1) (da), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons who are deaf or hard of hearing to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.

AB621,17 Section 17. 46.297 (2) (a) of the statutes is amended to read:

AB621,5,16 46.297 (2) (a) The person is certified as deaf or severely having severe hearing impaired loss by a physician, an audiologist licensed under subch. II of ch. 459 or the department.

AB621,18 Section 18. 46.298 of the statutes is amended to read:

AB621,6,3 46.298 Vehicle sticker for the deaf or hard of hearing impaired. Upon the request of a person who is certified as having a hearing impaired loss by the department, by a physician, by a hearing instrument specialist licensed under subch. I of ch. 459 or by an audiologist licensed under subch. II of ch. 459, the department shall issue to the person a decal or sticker for display on a motor vehicle owned or frequently operated by the person to apprise law enforcement officers of the fact that the vehicle is owned or operated by a hearing-impaired person who has a hearing loss. No charge shall be made for issuance of the decal or sticker. The department shall specify the design of the decal or sticker. The department shall designate the location on the vehicle at which the decal or sticker shall be affixed by its own adhesive.

AB621,19 Section 19. 51.05 (6) of the statutes is amended to read:

AB621,6,8 51.05 (6) Hearing-impaired Deaf or hard-of-hearing individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are deaf or hard of hearing and who are residents of or are committed, admitted or transferred to a mental health institute.

AB621,20 Section 20. 51.42 (7) (a) 6. a. of the statutes is amended to read:

AB621,6,12 51.42 (7) (a) 6. a. Mental health outpatient and follow-up services appropriate for hearing-impaired mentally ill individuals who are deaf or hard of hearing, including advocacy training relating to the rights of mentally ill individuals.

AB621,21 Section 21. 51.42 (7) (a) 6. b. of the statutes is amended to read:

AB621,6,16 51.42 (7) (a) 6. b. Technical assistance to a county department of community programs concerning provision of services to hearing-impaired mentally ill individuals who are deaf or hard of hearing.

AB621,22 Section 22. 59.54 (5) of the statutes is amended to read:

AB621,7,2 59.54 (5) Emergency services for persons with a hearing loss and speech impaired persons. In any county having a population of 200,000 or more the board shall install in the sheriff's department a teletypewriter which shall be available to receive calls from hearing and persons who are deaf or hard of hearing and speech impaired persons seeking emergency services. In cities having a population of 30,000 or more which are not contained in a county having a population of 200,000 or more, the city shall install a teletypewriter for the purposes of this subsection in either the police or fire department. If 2 or more cities having a population of 30,000 or more are contained in one county, the board shall install the teletypewriter in the sheriff's department and no teletypewriter shall be required in the cities.

AB621,23 Section 23. 101.13 (1) of the statutes is amended to read:

AB621,7,10 101.13 (1) In this section, “access" means the physical characteristics of a place which allow persons with functional limitations caused by impairments of sight, hearing, coordination, or perception, persons with a hearing loss, or persons with semiambulatory or nonambulatory disabilities to enter, circulate within and leave a place of employment or public building and to use the public toilet facilities and passenger elevators in the place of employment or public building without assistance.

AB621,24 Section 24. 106.52 (1) (fm) of the statutes is amended to read:

AB621,7,17 106.52 (1) (fm) “Service animal" means a guide dog, signal dog, or other animal that is individually trained or is being trained to do work or perform tasks for the benefit of a person with a disability, including the work or task of guiding a person with impaired vision, alerting a person with impaired hearing who is deaf or hard of hearing to intruders or sound, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

AB621,25 Section 25. 115.372 (1) (b) of the statutes is amended to read:

AB621,7,20 115.372 (1) (b) “Hearing impaired Deaf or hard of hearing" has the meaning given in s. 115.51 (2).

AB621,26 Section 26. 115.372 (2) of the statutes is amended to read:

AB621,8,2 115.372 (2) The state superintendent shall seek the advice of and consult with the council on issues related to persons who are hearing impaired deaf or hard of hearing. The state superintendent and the director of the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or their designees, shall attend meetings of the council.

AB621,27 Section 27. 115.372 (3) (b) of the statutes is amended to read:

AB621,8,6 115.372 (3) (b) Advise the state superintendent on such statewide services, activities, programs, investigations, and research as in its judgment will benefit pupils who are hearing impaired deaf or hard of hearing.

AB621,28 Section 28. 115.372 (3) (d) of the statutes is amended to read:

AB621,8,10 115.372 (3) (d) Review the level and quality of services available to pupils in the state who are hearing impaired deaf or hard of hearing and make recommendations about those services.

AB621,29 Section 29. 115.372 (3) (e) of the statutes is amended to read:

AB621,8,14 115.372 (3) (e) Propose to the state superintendent ways to improve the preparation of teachers and other staff who provide services to pupils who are hearing impaired deaf or hard of hearing.

AB621,30 Section 30. 115.372 (3) (f) of the statutes is amended to read:

AB621,8,18 115.372 (3) (f) Propose to the state superintendent ways to improve coordination between the department and other agencies in providing services to persons who are hearing impaired deaf or hard of hearing.

AB621,31 Section 31. 115.372 (5) of the statutes is amended to read:

AB621,8,22 115.372 (5) The council shall have access to public files, public records, and statistics kept in the department that relate to matters concerning children who are hearing impaired deaf or hard of hearing.

AB621,32 Section 32. 115.51 (2) of the statutes is amended to read:

AB621,9,3 115.51 (2) “Hearing impaired Deaf or hard of hearing" has the meaning given in the rules promulgated by the state superintendent to define “hearing impairments loss" under s. 115.76 (5) (a) 2.

AB621,33 Section 33. 115.52 (1m) of the statutes is amended to read:

AB621,9,7 115.52 (1m) Purpose. The purpose of the program is to serve as a statewide educational resource relating to hearing impairments loss to benefit all Wisconsin children who are hearing impaired deaf or hard of hearing.

AB621,34 Section 34. 115.52 (2) of the statutes is amended to read:

AB621,9,12 115.52 (2) Governance. The state superintendent shall maintain and govern the program's facilities. The state superintendent shall appoint an individual who has training and experience in educating pupils who are hearing impaired deaf or hard of hearing to serve as the director of the program.

AB621,35 Section 35. 115.52 (3) (intro.) of the statutes is amended to read:

AB621,9,15 115.52 (3) Services. (intro.) The program shall provide services that benefit children throughout the state who are hearing impaired deaf or hard of hearing.

AB621,36 Section 36. 115.52 (3) (a) 1. of the statutes is amended to read:

AB621,9,24 115.52 (3) (a) 1. `Residents 3 to 20 years old.' The program shall operate a school at which any resident of this state 3 to 20 years old who is hearing impaired deaf or hard of hearing, and for the duration of a school term any resident of this state who is hearing impaired deaf or hard of hearing and becomes 21 years old during that school term, shall be received and taught free of charge if the individualized education program for the resident under s. 115.787 and the educational placement under s. 115.79 specify the school operated by the program as the appropriate placement.

AB621,37 Section 37. 115.52 (3) (a) 2. of the statutes is amended to read:

AB621,10,6 115.52 (3) (a) 2. `Residents 21 years old or older.' The state superintendent may admit to the school operated by the program a resident of the state who is hearing impaired deaf or hard of hearing and is 21 years of age or older prior to the beginning of a school term upon the payment of fees fixed by the state superintendent and upon the recommendation of the secretary of health services, the director of the technical college system, or the director of the program.

AB621,38 Section 38. 115.52 (3) (a) 3. of the statutes is amended to read:

AB621,10,15 115.52 (3) (a) 3. `Nonresidents.' A nonresident of this state, who is hearing impaired deaf or hard of hearing, who either is 3 to 20 years old or becomes 21 years old during a school term, whose individualized education program under 20 USC 1414 (d) and educational placement specify the school operated by the program as the appropriate placement, and who is capable of receiving instruction may be received at the school upon payment in advance of the fees fixed by the state superintendent, but no nonresident may be received to the exclusion of a resident pupil.

AB621,39 Section 39. 115.52 (3) (b) 4. of the statutes is amended to read:

AB621,10,18 115.52 (3) (b) 4. Provide in-service and other training to teachers and other staff serving pupils who are hearing impaired deaf or hard of hearing.

AB621,40 Section 40. 115.52 (3) (b) 5. of the statutes is amended to read:

AB621,10,23 115.52 (3) (b) 5. Provide training, technical assistance, and consultation services for parents of children who are hearing impaired deaf or hard of hearing and for professionals who work with children who are hearing impaired deaf or hard of hearing.