SB59,738
8Section
738. 50.035 (4m) of the statutes is amended to read:
SB59,556,169
50.035
(4m) Provision of information required. Subject to sub. (4p), when 10When a community-based residential facility first provides written material
11regarding the community-based residential facility to a prospective resident, the
12community-based residential facility shall also provide the prospective resident
13information specified by the department concerning the services of a resource center
14under s. 46.283, the family care benefit under s. 46.286, and the availability of a
15functional screening and a financial and cost-sharing screening to determine the
16prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SB59,739
17Section
739. 50.035 (4n) (intro.) of the statutes is amended to read:
SB59,557,218
50.035
(4n) Required referral. (intro.) When a community-based residential
19facility first provides written information regarding the community-based
20residential facility to a prospective resident who is at least 65 years of age or has
21developmental disability or a physical disability and whose disability or condition is
22expected to last at least 90 days, the community-based residential facility shall refer
23the individual to a resource center under s. 46.283
or, if the secretary has not certified
24under s. 46.281 (3) that a resource center is available in the area of the
25community-based residential facility to serve individuals in an eligibility group to
1which the prospective resident belongs, to the county department that administers
2a program under ss. 46.27 or 46.277, unless any of the following applies:
SB59,740
3Section
740. 50.035 (4p) of the statutes is repealed.
SB59,741
4Section
741. 50.04 (2g) (a) of the statutes is amended to read:
SB59,557,105
50.04
(2g) (a)
Subject to sub. (2i), a A nursing home shall, within the time
6period after inquiry by a prospective resident that is prescribed by the department
7by rule, inform the prospective resident of the services of a resource center under s.
846.283, the family care benefit under s. 46.286, and the availability of a functional
9screening and a financial and cost-sharing screening to determine the prospective
10resident's eligibility for the family care benefit under s. 46.286 (1).
SB59,742
11Section
742. 50.04 (2h) (a) (intro.) of the statutes is amended to read:
SB59,557,1612
50.04
(2h) (a) (intro.)
Subject to sub. (2i), a A nursing home shall, within the
13time period prescribed by the department by rule, refer to a resource center under
14s. 46.283 a person who is seeking admission, who is at least 65 years of age or has
15developmental disability or physical disability and whose disability or condition is
16expected to last at least 90 days, unless any of the following applies:
SB59,743
17Section
743. 50.04 (2i) of the statutes is repealed.
SB59,744
18Section
744. 50.04 (2m) of the statutes is repealed.
SB59,745
19Section
745. 50.06 (7) of the statutes is amended to read:
SB59,558,520
50.06
(7) An individual who consents to an admission under this section may
21request that
an assessment be conducted for the incapacitated individual under the
22long-term support community options program under s. 46.27 (6) or, if the secretary
23has certified under s. 46.281 (3) that a resource center is available for the individual, 24a functional screening and a financial and cost-sharing screening to determine
25eligibility for the family care benefit under s. 46.286 (1). If admission is sought on
1behalf of the incapacitated individual or if the incapacitated individual is about to
2be admitted on a private pay basis, the individual who consents to the admission may
3waive the requirement for a financial and cost-sharing screening under s. 46.283 (4)
4(g), unless the incapacitated individual is expected to become eligible for medical
5assistance within 6 months.
SB59,746
6Section 746
. 51.03 (7) of the statutes is created to read:
SB59,558,107
51.03
(7) From the appropriation under s. 20.435 (5) (dg), the department shall
8award grants to regional crisis stabilization facilities for adults. The department
9shall establish criteria for a regional crisis stabilization facility to receive a grant
10under this subsection.
SB59,747
11Section
747. 51.06 (8) (b) 6. of the statutes is amended to read:
SB59,558,1612
51.06
(8) (b) 6. The extent of Medical Assistance provided to relocated or
13diverted individuals that is in addition to Medical Assistance provided to the
14individuals under s.
46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit
15under ss. 46.2805 to 46.2895, or under any other home-based or community-based
16program for which the department has received a waiver under
42 USC 1396n (c).
SB59,748
17Section
748. 51.42 (3) (ar) 3. of the statutes is amended to read:
SB59,559,518
51.42
(3) (ar) 3. Plan for and establish a community developmental disabilities
19program to deliver the services required under s. 51.437 if, under s. 51.437 (4g) (b),
20the county board of supervisors in a county with a single-county department of
21community programs or the county boards of supervisors in counties with a
22multicounty department of community programs transfer the powers and duties of
23the county department under s. 51.437 to the county department of community
24programs. The county board of supervisors in a county with a single-county
25department of community programs and the county boards of supervisors in counties
1with a multicounty department of community programs may designate the county
2department of community programs to which these powers and duties have been
3transferred as the administrative agency of
the long-term support community
4options program under s. 46.27 (3) (b) 1. and 5. and the community integration
5programs under ss. 46.275, 46.277 and 46.278.
SB59,749
6Section
749. 51.421 (1) of the statutes is amended to read:
SB59,559,157
51.421
(1) Purpose. In order to provide the least restrictive and most
8appropriate care and treatment for persons with serious and persistent mental
9illness, community support programs should be available in all parts of the state.
10In order to integrate community support programs with other long-term care
11programs, community support programs shall be coordinated, to the greatest extent
12possible,
with the community options program under s. 46.27, with the protective
13services system in a county, with the medical assistance program under subch. IV of
14ch. 49 and with other care and treatment programs for persons with serious and
15persistent mental illness.
SB59,750
16Section
750. 51.422 (1) of the statutes is amended to read:
SB59,559,2417
51.422
(1) Program creation. The department shall create 2 or 3 new, regional
18comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium,
19shall create 2 or 3 additional regional comprehensive opioid and methamphetamine
20treatment programs, to provide treatment for opioid and opiate addiction and
21methamphetamine addiction in underserved, high-need areas. The department
22shall obtain and review proposals for opioid and methamphetamine treatment
23programs in accordance with its request-for-proposal procedures.
A program under
24this section may not offer methadone treatment.
SB59,751
25Section 751
. 51.422 (2) of the statutes is amended to read:
SB59,560,10
151.422
(2) Program components. An opioid or methamphetamine treatment
2program created under this section shall offer an assessment to individuals in need
3of service to determine what type of treatment is needed. The program shall
4transition individuals to a certified residential program, if that level of treatment is
5necessary. The program shall provide counseling, medication-assisted treatment,
6including
both long-acting opioid antagonist and partial agonist medications that
7have been approved by the federal food and drug administration
if for treating opioid
8addiction, and abstinence-based treatment. The program shall transition
9individuals who have completed treatment to county-based or private
10post-treatment care.
SB59,752
11Section
752. 51.441 of the statutes is created to read:
SB59,560,18
1251.441 Comprehensive mental health consultation program. The
13department shall convene a statewide group of interested persons, including at least
14one representative of the Medical College of Wisconsin, to develop a concept paper,
15business plan, and standards for a comprehensive mental health consultation
16program that incorporates general psychiatry, geriatric psychiatry, addiction
17medicine and psychiatry, a perinatal psychiatry consultation program, and the child
18psychiatry consultation program under s. 51.442.
SB59,753
19Section
753. 54.21 (2) (g) of the statutes is amended to read:
SB59,560,2220
54.21
(2) (g) The current and likely future effect of the proposed transfer of
21assets on the ward's eligibility for public benefits, including medical assistance
or a
22benefit under s. 46.27.
SB59,754
23Section
754. 54.34 (1) (k) of the statutes is amended to read:
SB59,560,2524
54.34
(1) (k) Whether the proposed ward is a recipient of a public benefit,
25including medical assistance
or a benefit under s. 46.27.
SB59,755
1Section
755. 59.17 (2) (b) 7. of the statutes is repealed.
SB59,756
2Section
756. 59.40 (4) of the statutes is amended to read:
SB59,561,123
59.40
(4) Clerk of circuit court; debt collector contract. If authorized by
4the board under s. 59.52 (28), the clerk of circuit court may contract with a debt
5collector, as defined in s. 427.103 (3), or enter into an agreement with the department
6of revenue under s. 71.93 (8) for the collection of debt. Any contract entered into with
7a debt collector shall provide that the debt collector shall be paid from the proceeds
8recovered by the debt collector. Any contract entered into with the department shall
9provide that the department shall charge a collection fee, as provided under s. 71.93
10(8)
(b) 1. (am). The net proceeds received by the clerk of circuit court after the
11payment to the debt collector shall be considered the amount of debt collected for
12purposes of distribution to the state and county under sub. (2) (m).
SB59,757
13Section
757. 59.52 (6) (a) of the statutes is amended to read:
SB59,562,214
59.52
(6) (a)
How acquired; purposes. Take and hold land acquired under ch.
1575 and acquire, lease or rent property, real and personal, for public uses or purposes
16of any nature, including without limitation acquisitions for county buildings,
17airports, parks, recreation, highways, dam sites in parks, parkways and
18playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
19for operation under s. 59.70 (24), equipment for clearing and draining land and
20controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
21transfer of real property to the state for new collegiate institutions or research
22facilities, and for transfer to the state for state parks and for the uses and purposes
23specified in s. 23.09 (2) (d).
The power of condemnation may not be used to acquire
24property for the purpose of establishing or extending a recreational trail; a bicycle
1way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
2pedestrian way, as defined in s. 346.02 (8) (a).
SB59,758
3Section 758
. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB59,562,144
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
5the possession of
more than 25 grams of marijuana, as defined in s. 961.01 (14),
6subject to
par. (c) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture
7for a violation of the ordinance
; except that if. Any ordinance enacted under this
8paragraph shall provide a person who is prosecuted under it with the defenses that
9the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
10(3g) (e). If a complaint is issued
regarding an allegation of alleging possession of more
11than 25 grams
of marijuana, or possession of any amount of marijuana following a
12conviction in this state for possession of
more than 25 grams of marijuana, the
13subject of the complaint may not be prosecuted under this subsection for the same
14action that is the subject of the complaint unless all of the following occur:
SB59,759
15Section 759
. 59.54 (25) (c) of the statutes is created to read:
SB59,562,1816
59.54
(25) (c) A person may not be prosecuted under an ordinance enacted
17under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
18prosecution under s. 961.41 (3g) (e).
SB59,760
19Section
760. 59.54 (25m) of the statutes is amended to read:
SB59,563,420
59.54
(25m) Drug paraphernalia. The board may enact an ordinance to
21prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
22(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
23Any ordinance enacted under this subsection shall provide a person prosecuted
24under it with the defenses that the person has under s. 961.5755 to prosecutions
25under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
1under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
2the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
3961.575 (1). The board may enforce an ordinance enacted under this subsection in
4any municipality within the county.
SB59,761
5Section
761. 59.796 of the statutes is repealed.
SB59,762
6Section
762. 60.782 (2) (d) of the statutes is amended to read:
SB59,563,127
60.782
(2) (d) Lease or acquire, including by condemnation, any real property
8situated in this state that may be needed for the purposes of s. 23.09 (19), 23.094 (3g)
9or 30.275 (4).
The power of condemnation may not used to acquire property for the
10purpose of establishing or extending a recreational trail; a bicycle way, as defined in
11s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as
12defined in s. 346.02 (8) (a).
SB59,763
13Section
763. 61.34 (3) (a) of the statutes is renumbered 61.34 (3) and amended
14to read:
SB59,563,2415
61.34
(3) Acquisition and disposal of property. Except as provided in par. (b),
16the
The village board may acquire property, real or personal, within or outside the
17village, for parks, libraries, recreation, beautification, streets, water systems,
18sewage or waste disposal, harbors, improvement of watercourses, public grounds,
19vehicle parking areas, and for any other public purpose; may acquire real property
20within or contiguous to the village, by means other than condemnation, for industrial
21sites; may improve and beautify the same; may construct, own, lease and maintain
22buildings on such property for instruction, recreation, amusement and other public
23purposes; and may sell and convey such property. Condemnation shall be as
24provided by ch. 32.
SB59,764
25Section
764. 61.34 (3) (b) of the statutes is repealed.
SB59,765
1Section
765. 62.22 (1) (a) of the statutes is renumbered 62.22 (1) and amended
2to read:
SB59,564,113
62.22
(1) Purposes. Except as provided in par. (b), the The governing body of
4any city may by gift, purchase or condemnation acquire property, real or personal,
5within or outside the city, for parks, recreation, water systems, sewage or waste
6disposal, airports or approaches thereto, cemeteries, vehicle parking areas, and for
7any other public purpose; may acquire real property within or contiguous to the city,
8by means other than condemnation, for industrial sites; may improve and beautify
9the same; may construct, own, lease and maintain buildings on such property for
10public purposes; and may sell and convey such property. The power of condemnation
11for any such purpose shall be as provided by ch. 32.
SB59,766
12Section
766. 62.22 (1) (b) of the statutes is repealed.
SB59,767
13Section
767. 62.23 (17) (a) (intro.) of the statutes is amended to read:
SB59,564,2014
62.23
(17) (a) (intro.)
Except as provided in par. (am), cities Cities may acquire
15by gift, lease, purchase, or condemnation any lands within its corporate limits for
16establishing, laying out, widening, enlarging, extending, and maintaining memorial
17grounds, streets, squares, parkways, boulevards, parks, playgrounds, sites for public
18buildings, and reservations in and about and along and leading to any or all of the
19same or any lands adjoining or near to such city for use, sublease, or sale for any of
20the following purposes:
SB59,768
21Section
768. 62.23 (17) (am) of the statutes is repealed.
SB59,769
22Section
769. 62.53 of the statutes is repealed.
SB59,770
23Section
770. 63.23 (1) of the statutes is amended to read:
SB59,565,624
63.23
(1) The city service commission shall classify all offices and positions in
25the city service, excepting those subject to the exemptions of s. 63.27
and those
1subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the
2duties and responsibilities of each position. Classification shall be so arranged that
3all positions
which that in the judgment of the commission are substantially the
4same with respect to authority, responsibility
, and character of work are included in
5the same class. From time to time the commission may reclassify positions upon a
6proper showing that the position belongs to a different class.
SB59,771
7Section 771
. 66.0107 (1) (bm) of the statutes is amended to read:
SB59,565,198
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
9more than 25 grams of marijuana, as defined in s. 961.01 (14), subject to the
10exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
11ordinance
; except that if. Any ordinance enacted under this paragraph shall provide
12a person who is prosecuted under it with the defenses that the person has under s.
13961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If a complaint
14is issued
regarding an allegation of alleging possession of more than 25 grams
of
15marijuana, or possession of any amount of marijuana following a conviction in this
16state for possession of
more than 25 grams of marijuana, the subject of the complaint
17may not be prosecuted under this paragraph for the same action that is the subject
18of the complaint unless the charges are dismissed or the district attorney declines
19to prosecute the case.
SB59,772
20Section
772. 66.0107 (1) (bp) of the statutes is amended to read:
SB59,566,321
66.0107
(1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
22same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
23(2) and provide a forfeiture for violation of the ordinance.
Any ordinance enacted
24under this paragraph shall provide a person prosecuted under it with the defenses
25that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
1(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
2under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
3to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB59,773
4Section 773
. 66.0129 (5) of the statutes is amended to read:
SB59,566,95
66.0129
(5) Bids for construction. The nonprofit corporation shall let all
6contracts exceeding $1,000 for the construction, maintenance or repair of hospital
7facilities to the lowest responsible bidder after advertising for bids by the publication
8of a class 2 notice under ch. 985.
Section Sections 66.0901
applies and 66.0903 apply 9to bids and contracts under this subsection.
SB59,774
10Section
774. 66.0134 of the statutes is repealed.
SB59,775
11Section
775. 66.0137 (4) of the statutes is amended to read:
SB59,566,1812
66.0137
(4) Self-insured health plans. If a city, including a 1st class city, or
13a village provides health care benefits under its home rule power, or if a town
14provides health care benefits, to its officers and employees on a self-insured basis,
15the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
16632.728, 632.746
(1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853,
17632.855, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895
(9) (8) to (17), 632.896,
18and 767.513 (4).
SB59,776
19Section
776. 66.0301 (1) (a) of the statutes is amended to read:
SB59,567,1120
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
, 21“municipality" means the state or any department or agency thereof, or any city,
22village, town, county, or school district,
the opportunity schools and partnership
23programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
24schools opportunity schools and partnership program under s. 119.33, or any public
25library system, public inland lake protection and rehabilitation district, sanitary
1district, farm drainage district, metropolitan sewerage district, sewer utility district,
2solid waste management system created under s. 59.70 (2), local exposition district
3created under subch. II of ch. 229, local professional baseball park district created
4under subch. III of ch. 229, local professional football stadium district created under
5subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
6long-term care district under s. 46.2895, water utility district, mosquito control
7district, municipal electric company, county or city transit commission, commission
8created by contract under this section, taxation district, regional planning
9commission, housing authority created under s. 66.1201, redevelopment authority
10created under s. 66.1333, community development authority created under s.
1166.1335, or city-county health department.
SB59,777
12Section
777. 66.0408 (2) (d) of the statutes is repealed.
SB59,778
13Section 778
. 66.0414 of the statutes is created to read:
SB59,567,16
1466.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or
15county may enact or enforce an ordinance or a resolution that prohibits cultivating
16tetrahydrocannabinols or cannabis if the cultivation is by one of the following:
SB59,567,17
17(1) A dispensary, as defined in s. 94.57 (1) (a).
SB59,567,20
18(2) A person who is cultivating tetrahydrocannabinols for medication with
19tetrahydrocannabinols, as defined in s. 146.44 (1) (c), if the amount of cannabis does
20not exceed the maximum authorized amount, as defined in s. 961.01 (14c).
SB59,567,22
21(3) An entity that is cultivating cannabis for distribution as permitted under
22policies determined under s. 94.57 (2) and rules promulgated under s. 94.57 (9).
SB59,779
23Section 779
. 66.0422 (1) (e) of the statutes is created to read:
SB59,568,3
166.0422
(1) (e) “Underserved area" means an area of this state in which
2households or businesses lack access to broadband service of at least 25 megabits per
3second download speed and 3 megabits per second upload speed.
SB59,780
4Section 780
. 66.0422 (1) (f) of the statutes is created to read:
SB59,568,75
66.0422
(1) (f) “Unserved area” means an area of this state in which households
6or businesses lack access to broadband service of at least 10 megabits per second
7download speed and one megabit per second upload speed.
SB59,781
8Section 781
. 66.0422 (2) (c) of the statutes is amended to read:
SB59,568,189
66.0422
(2) (c) No less than 30 days before the public hearing, the local
10government prepares and makes available for public inspection a report estimating
11the total costs of, and revenues derived from, constructing, owning, or operating the
12facility and including a cost-benefit analysis of the facility for a period of at least 3
13years.
The If the facility is other than a broadband facility that is intended to serve
14an underserved or unserved area, the costs that are subject to this paragraph include
15personnel costs and costs of acquiring, installing, maintaining, repairing, or
16operating any plant or equipment, and include an appropriate allocated portion of
17costs of personnel, plant, or equipment that are used to provide jointly both
18telecommunications services and other services.
SB59,782
19Section
782. 66.0422 (3d) (intro.) of the statutes is amended to read:
SB59,569,320
66.0422
(3d) (intro.) Subsection (2) does not apply to a facility for providing
21broadband service to an area within the boundaries of a local government if
the local
22government asks, in writing, each person that provides broadband service within the
23boundaries of the local government whether the person currently provides
24broadband service to the area and, if the area is not an underserved or unserved area,
25whether the person intends to provide broadband service to the area within 9
1months, or, if the area is an underserved or unserved area, whether the person
2actively plans to provide broadband service to the area within 3 months and any of
3the following are satisfied:
SB59,783
4Section
783. 66.0422 (3d) (a) of the statutes is amended to read:
SB59,569,125
66.0422
(3d) (a)
The local government asks, in writing, each person that
6provides broadband service within the boundaries of the local government whether
7the person currently provides broadband service to the area or intends to provide
8broadband service within 9 months to the area and within 60 days after receiving the
9written request no person responds in writing to the The local government
does not
10receive a response in writing that
the a person currently provides broadband service
11to the area or intends
or actively plans to provide broadband service to the area
12within
9 months the relevant time period.
SB59,784
13Section
784. 66.0422 (3d) (b) of the statutes is amended to read:
SB59,569,1714
66.0422
(3d) (b) The local government determines that a person who responded
15to a written request under par. (a) that the person currently provides broadband
16service to the area did not actually provide broadband service to the area and no other
17person
makes the response responds to the local government
described in par. (a).