Amendment ASA-AB150

AB150-ASA,1926,3 254.35 (1) Application. Every site in this state having an ionizing radiation installation, not exempted by this section or the rules of the department shall be registered by the department by January 1, 1964, by the person in control of an installation, including installations in sites that are administered by a state agency or in an institution under the jurisdiction of a state agency, and no such ionizing radiation installation may be operated thereafter unless the site has been duly registered by January 1 of each year and a notice of the registration is possessed by the person in control. Every site having an ionizing radiation installation established in this state after July 20, 1985, shall be registered prior to its operation. The application for registration shall be made on forms provided by the department which shall be devised to obtain any information that is considered necessary for evaluation of hazards. Multiple radiation sources at a single radiation installation and under the control of one person shall be listed on a single registration form. Registration fees shall be levied in accordance with sub. (3). Registration alone shall not imply approval of manufacture, storage, use, handling, operation or disposal of the radiation installation or radioactive materials, but shall serve merely to inform the department of the location and character of radiation sources. The department shall furnish the department of industry, labor and human relations development with a copy of each amended and new registration. Persons engaged in manufacturing, demonstration, sale, testing or repair of radiation sources shall not be required to list such sources on the registration form.

AB150-ASA, s. 6336 Section 6336. 254.37 (1) of the statutes is amended to read:

AB150-ASA,1926,14 254.37 (1) Notification of violation and order of abatement. Whenever the department or the department of industry, labor and human relations development finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, it shall notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.

AB150-ASA, s. 6337 Section 6337. 254.37 (2) of the statutes is amended to read:

AB150-ASA,1927,2 254.37 (2) Orders. The department or the department of industry, labor and human relations development shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of industry, labor and human relations development finds that a condition exists which constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of industry, labor and human relations development may summarily cause the abatement of the violation.

AB150-ASA, s. 6338 Section 6338. 254.37 (3) of the statutes is amended to read:

AB150-ASA,1927,13 254.37 (3) Rules. The department shall enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of industry, labor and human relations development shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of industry, labor and human relations development and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation. The department and the department of industry, labor and human relations development are directed to consult with the radiation protection council in case of jurisdictional problems.

AB150-ASA, s. 6339 Section 6339. 254.38 of the statutes is amended to read:

AB150-ASA,1927,20 254.38 Impounding materials. The department or department of industry, labor and human relations development may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of industry, labor and human relations development.

AB150-ASA, s. 6340 Section 6340. 254.45 of the statutes is amended to read:

AB150-ASA,1928,4 254.45 Penalties. Any person who violates any provision of this subchapter or any rule or order of the department, or of the department of industry, labor and human relations development, issued under this subchapter shall forfeit not less than $10 nor more than $500. Each day of continued violation after notice of the fact that a violation is being committed shall be considered a separate offense. If the injury or death of an employe is caused by a failure of an employer to observe or enforce any rule issued under this subchapter, compensation and death benefits shall be increased by 15% as provided in s. 102.57.

AB150-ASA, s. 6341 Section 6341. 254.51 (2) of the statutes is amended to read:

AB150-ASA,1928,10 254.51 (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of industry, labor and human relations development and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.

AB150-ASA, s. 6342 Section 6342. 254.56 of the statutes is amended to read:

AB150-ASA,1928,14 254.56 Public places. The owner and occupant and everyone in charge of a public building, as defined in s. 101.01 (2) (g) (12), shall keep the building clean and sanitary.

AB150-ASA, s. 6342g Section 6342g. 254.59 (2) of the statutes is amended to read:

AB150-ASA,1929,16 254.59 (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Nuisance" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying or controlling the land specified, and the treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33.

AB150-ASA, s. 6342r Section 6342r. 254.59 (5) of the statutes is amended to read:

AB150-ASA,1930,9 254.59 (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the state treasurer secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying or controlling the land specified, and the treasurer secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city or village from which the certificate was received. Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33.

AB150-ASA, s. 6343 Section 6343. 254.73 (1) of the statutes is amended to read:

AB150-ASA,1930,16 254.73 (1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of industry, labor and human relations development, to warn all guests and employes in time to permit their evacuation in case of fire.

AB150-ASA, s. 6343m Section 6343m. 254.74 (1m) of the statutes is created to read:

AB150-ASA,1930,21 254.74 (1m) (a) The department may grant an applicant for a permit to maintain, manage or operate a bed and breakfast establishment a waiver from the requirement specified under s. 254.61 (1) (f) if the department determines that all of the following are true:

AB150-ASA,1930,22 1. The public health, safety or welfare would not be jeopardized.

AB150-ASA,1930,24 2. The establishment seeking the waiver is in compliance with the requirements under s. 256.61 (1) (a) to (e).

AB150-ASA,1931,3 (b) A waiver granted under par. (a) is valid for the period of validity of a permit that is issued to the applying bed and breakfast establishment under s. 254.64 (1) (b).

AB150-ASA, s. 6344 Section 6344. 254.78 of the statutes is amended to read:

AB150-ASA,1931,9 254.78 (title) Authority of department of industry, labor and human relations development. Nothing in this chapter shall affect the authority of the department of industry, labor and human relations development relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

AB150-ASA, s. 6345 Section 6345. 254.79 of the statutes is amended to read:

AB150-ASA,1931,13 254.79 Joint employment. The department and the department of industry, labor and human relations development may employ experts, inspectors or other assistants jointly.

AB150-ASA, s. 6346 Section 6346. 255.05 (1) (a) of the statutes is amended to read:

AB150-ASA,1931,19 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076.

AB150-ASA, s. 6347 Section 6347. 255.06 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1931,23 255.06 (2) Breast cancer screening program. (intro.) From the appropriation under s. 20.435 (1) (cc), the department shall administer a breast cancer screening program and shall, in each fiscal year, do all of the following:

AB150-ASA, s. 6348 Section 6348. 255.06 (2) (a) (intro.) of the statutes is amended to read:

AB150-ASA,1932,8 255.06 (2) (a) (intro.) Award not more than $422,600 as grants for provision of mammography breast cancer screening services to women who are aged 40 years or older and who reside in the 12 rural counties that the department specifies by rule as having the highest incidence in the state of late-stage breast cancer. Grants shall be awarded to an applying hospital or organization that has a mammography unit available for use in an area of service under this paragraph and that is selected by the department under procedures established by the department. Payment for services provided under a grant shall be as follows:

AB150-ASA, s. 6349 Section 6349. 255.06 (2) (c) of the statutes is amended to read:

AB150-ASA,1932,12 255.06 (2) (c) Distribute not more than $115,200 in each fiscal year as a grant to the city of Milwaukee public health department for the performance of breast cancer screening activities with the use of a mobile mammography van.

AB150-ASA, s. 6350 Section 6350. 255.06 (3) of the statutes is repealed.

AB150-ASA, s. 6351 Section 6351. 255.30 (4) of the statutes is amended to read:

AB150-ASA,1932,18 255.30 (4) The state superintendent department of public instruction education shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this section.

AB150-ASA, s. 6352 Section 6352. 301.001 of the statutes is amended to read:

AB150-ASA,1933,2 301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on its their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.

AB150-ASA, s. 6353m Section 6353m. 301.01 (4) of the statutes is amended to read:

AB150-ASA,1933,5 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 48.02 (15m).

AB150-ASA, s. 6353p Section 6353p. 301.025 of the statutes is created to read:

AB150-ASA,1933,11 301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 48.532, the serious juvenile offender program under s. 48.538 and youth aids.

AB150-ASA, s. 6353r Section 6353r. 301.026 of the statutes is created to read:

AB150-ASA,1933,22 301.026 Gang violence prevention. The gang violence prevention council shall conduct public hearings and surveys to solicit the opinions and recommendations of citizens and public officials regarding strategies and programs to prevent children from becoming influenced by and involved with gangs and, based on those opinions and recommendations, submit an annual report to the appropriate standing committees of the legislature under s. 13.172 (3), the cochairpersons of the joint committee on finance and the secretary, and otherwise provide information and recommendations to interested persons, on ways to improve those existing strategies and programs and ways to establish new strategies and programs to prevent children from becoming influenced by and involved with gangs.

AB150-ASA, s. 6354 Section 6354. 301.027 of the statutes is created to read:

AB150-ASA,1934,3 301.027 Treatment program at one or more juvenile correctional institutions. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile correctional institutions.

AB150-ASA, s. 6355 Section 6355. 301.03 (2) of the statutes is amended to read:

AB150-ASA,1934,7 301.03 (2) Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries therein under s. 303.01.

AB150-ASA, s. 6356m Section 6356m. 301.03 (9m) of the statutes, as created by 1993 Wisconsin Act 377, is repealed.

AB150-ASA, s. 6356p Section 6356p. 301.03 (10) of the statutes is created to read:

AB150-ASA,1934,12 301.03 (10) (a) Execute the laws relating to the detention, reformation and correction of delinquents.

AB150-ASA,1934,15 (b) Direct the aftercare of and supervise all delinquents under its jurisdiction and exercise such functions as it deems appropriate for the prevention of delinquency.

AB150-ASA,1934,23 (c) Promote the enforcement of laws for the protection of delinquent children. To this end, the department shall cooperate with courts assigned to exercise jurisdiction under ch. 48, county departments under s. 46.215, 46.22 and 46.23 and licensed child welfare agencies and institutions in providing community-based programming, including in-home programming and intensive supervision, for delinquent children. The department shall also establish and enforce standards for the development and delivery of services provided by the department under ch. 48 in regard to children who have been adjudicated delinquent.

AB150-ASA,1935,2 (d) Administer the juvenile offender review program in the division of juvenile corrections in the department. The program shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional institutions to aftercare and corrective sanctions placements.

AB150-ASA,1935,4 (e) Provide educational programs in all secured correctional facilities, as defined in s. 48.02 (15m).

AB150-ASA,1935,6 (f) Provide health services and psychiatric services for residents of all secured correctional facilities, as defined in s. 48.02 (15m).

AB150-ASA, s. 6356r Section 6356r. 301.031 of the statutes is created to read:

AB150-ASA,1935,13 301.031 County youth corrections budget and contract. (1) Budget. (a) Each county department under s. 46.215, 46.22 or 46.23 shall submit its final budget for services directly provided or purchased to the department by December 31 annually. The final budget shall be submitted on a uniform budget reporting form that the department shall develop and distribute for use and that shall include all of the following:

AB150-ASA,1935,15 1. Uniform definitions of target populations and of programs and services that a county provides or purchases using funds allocated and distributed under s. 46.40.

AB150-ASA,1935,17 2. Planned expenditures for the programs and services specified in subd. 1. that are separately identified by at least the following sources of funding:

AB150-ASA,1935,18 a. State-distributed funds.

AB150-ASA,1935,19 b. Funds obtained from levy of county property tax.

AB150-ASA,1935,20 c. Client and 3rd-party fees.

AB150-ASA,1935,21 d. Other funds.

AB150-ASA,1935,23 3. Estimates of the number of clients to be served under each program or service that the county plans to provide or purchase using funds allocated under s. 301.26.

AB150-ASA,1935,25 (b) The department shall submit a model of the contract under sub. (2g) (a) to each county department under ss. 46.215, 46.22 and 46.23 by May 1 annually.

AB150-ASA,1936,4 (2) Assessment of needs. Before developing and submitting a proposed budget to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

AB150-ASA,1936,18 (2g) Contract. (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

AB150-ASA,1936,25 (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for juvenile delinquency-related services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.

AB150-ASA,1937,3 (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22 and 46.23 and providers of service to the committee for review and approval.

AB150-ASA,1937,7 (2r) Withholding funds. (a) The department, after reasonable notice, may withhold a portion of the appropriation allocated to a county department under s. 46.215, 46.22 or 46.23 if the department determines that that portion of the allocated appropriation:

AB150-ASA,1937,10 1. Is for services which duplicate or are inconsistent with services being provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.

AB150-ASA,1937,15 2. Is inconsistent with state or federal statutes, rules or regulations, in which case the department may also arrange for provision of services by an alternate agency. The department may not arrange for provision of services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

AB150-ASA,1937,18 3. Is for the treatment of alcoholics in treatment facilities which have not been approved by the department of health and social services in accordance with s. 51.45 (8).

AB150-ASA,1937,21 4. Is for inpatient treatment in excess of an average of 21 days, as provided in s. 51.423 (12), excluding care for patients at the centers for the developmentally disabled.

AB150-ASA,1937,23 5. Is inconsistent with the provisions of the county department's contract under sub. (2g).

AB150-ASA,1938,10 (b) If the department withholds a portion of the allocable appropriation under par. (a), the county department affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent or the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.

AB150-ASA,1938,16 (3) Open public participation process. (a) Citizen advisory committee. 1. Except as provided in par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish, in accordance with subd. 2. or 3., a citizen advisory committee to the county departments under ss. 46.215, 46.22 and 46.23. The citizen advisory committee shall advise in the formulation of the budget under sub. (1).

AB150-ASA,1938,18 2. The citizen advisory committee established under s. 46.031 (3) (a) may also serve as the citizen advisory committee under subd. 1.

AB150-ASA,1939,8 3. If the citizen advisory committee established under s. 46.031 (3) (a) does not also serve as the citizen advisory committee under subd. 1., membership on the committee under subd. 1. shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.

AB150-ASA,1939,14 (b) Alternate process. The county board of supervisors or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under sub. (2). The county board of supervisors may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under par. (a) is not required.

AB150-ASA,1939,19 (c) Yearly report. The county board of supervisors or its designated agent, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under par. (a) or a report on the open public participation process under par. (b) on or before July 1 of each year.

AB150-ASA, s. 6356t Section 6356t. 301.032 of the statutes is created to read:

AB150-ASA,1940,2 301.032 Juvenile delinquency-related services; supervisory functions of state department. (1) (a) The department shall supervise the administration of juvenile delinquency-related services. The department shall submit to the federal authorities state plans for the administration of juvenile delinquency-related services in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.