Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,182,22 51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged incompetent under ch. 880 may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

AB100-ASA1-AA8, s. 2120e Section 2120e. 51.30 (5) (b) 1. of the statutes is amended to read:

AB100-ASA1-AA8,183,6 51.30 (5) (b) 1. The guardian of an individual who is adjudged incompetent under ch. 880 shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

AB100-ASA1-AA8, s. 2120f Section 2120f. 51.30 (5) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA8,183,13 51.30 (5) (b) 2. A minor upon reaching the age of 14 shall have access to his or her own court and treatment records, as provided in this section. A minor under the age of 14 shall have access to court records but only in the presence of parent, guardian, counsel, guardian ad litem or judge and shall have access to treatment records as provided in this section but only in the presence of parent, guardian, counsel, guardian ad litem or staff member of the treatment facility.".

AB100-ASA1-AA8,183,14 753. Page 883, line 22: after that line insert:

AB100-ASA1-AA8,183,15 " Section 2120t. 51.35 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA8,184,11 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and, the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB100-ASA1-AA8, s. 2120u Section 2120u. 51.35 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA8,185,4 51.35 (3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that If the court is unable to make such determinations that determination based on the petition and accompanying documents, it shall the court may order additional information to be produced as it deems necessary for the court to make such review, and make such determinations the determination within 14 days of after admission, or it the court may hold a hearing within 14 days of after admission. If a notation of the minor's unwillingness appears on the face of the petition, or that if a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB100-ASA1-AA8, s. 2120v Section 2120v. 51.35 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA8,185,15 51.35 (3) (g) A parent or guardian of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.".

AB100-ASA1-AA8,185,16 754. Page 890, line 24: after that line insert:

AB100-ASA1-AA8,185,17 " Section 2156d. 51.61 (6) of the statutes is amended to read:

AB100-ASA1-AA8,186,11 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437 and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person is a minor or has been found not competent to refuse medication and treatment under s. 51.61 (1) (g). In the case of a minor, the written, informed consent of the parent or guardian is required. Except, except as provided under an order issued under s. 51.13 (1) (c), 51.14 (3) (h) or (4) (g), if the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a parent or guardian of a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for inpatient mental health treatment is reviewable under s. 51.13 (1) (c) and a refusal of a parent or guardian of a minor to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.".

AB100-ASA1-AA8,186,12 755. Page 893, line 17: after that line insert:

AB100-ASA1-AA8,186,13 " Section 2158m. 59.08 (7) (b) of the statutes is amended to read:

AB100-ASA1-AA8,186,23 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties. If the question of consolidation is submitted at a special election, it shall be held not less than 30 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.".

AB100-ASA1-AA8,186,24 756. Page 900, line 9: delete ", 49.153" and substitute ", 49.153".

AB100-ASA1-AA8,187,1 757. Page 900, line 21: after that line insert:

AB100-ASA1-AA8,187,2 " Section 2169m. 59.54 (8) (a) 4. of the statutes is amended to read:

AB100-ASA1-AA8,187,7 59.54 (8) (a) 4. At least annually, submit to the state emergency response board division of emergency management in the department of military affairs a list of the members of the local emergency planning committee appointed by the county board under this paragraph, including the agency, organization or profession that each member represents.".

AB100-ASA1-AA8,187,8 758. Page 900, line 21: after that line insert:

AB100-ASA1-AA8,187,9 " Section 2169f. 59.53 (13) (title) of the statutes is amended to read:

AB100-ASA1-AA8,187,11 59.53 (13) (title) Subsidy of Payments for abortions and abortion-related activity restricted.

AB100-ASA1-AA8, s. 2169g Section 2169g. 59.53 (13) of the statutes is renumbered 59.53 (13) (a).

AB100-ASA1-AA8, s. 2169h Section 2169h. 59.53 (13) (b) of the statutes is created to read:

AB100-ASA1-AA8,187,17 59.53 (13) (b) No county or agency or subdivision of a county may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.".

AB100-ASA1-AA8,187,19 759. Page 901, line 10: delete the material beginning with that line and ending with page 902, line 9.

AB100-ASA1-AA8,187,20 760. Page 902, line 9: after that line insert:

AB100-ASA1-AA8,187,21 " Section 2174pm. 59.692 (1s) of the statutes is created to read:

AB100-ASA1-AA8,188,3 59.692 (1s) (a) Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure to the size, subject to par. (b), location or use that the structure had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction or improvement if all of the following apply:

AB100-ASA1-AA8,188,5 1. The nonconforming structure was damaged or destroyed after the effective date of this subdivision .... [revisor inserts date].

AB100-ASA1-AA8,188,7 2. The damage or destruction was caused by violent wind, vandalism, fire or a flood.

AB100-ASA1-AA8,188,11 (b) An ordinance enacted under this section to which par. (a) applies shall allow for the size of a structure to be larger than the size it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.".

AB100-ASA1-AA8,188,12 761. Page 902, line 10: delete lines 10 to 15.

AB100-ASA1-AA8,188,13 762. Page 903, line 19: substitute "(e)" for "(c)".

AB100-ASA1-AA8,188,14 763. Page 904, line 1: delete lines 1 to 6 and substitute:

AB100-ASA1-AA8,188,16 " Section 2178c. 60.23 (25) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA8,188,20 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and 632.896.

AB100-ASA1-AA8, s. 2178p Section 2178p. 60.23 (25) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA8,189,2 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (11) to (13) and 632.896.".

AB100-ASA1-AA8,189,3 764. Page 904, line 6: after that line insert:

AB100-ASA1-AA8,189,4 " Section 2178s. 60.30 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,189,7 60.30 (2) (a) Only an elector of the town may hold a town office, other than an assessor appointed under s. 60.307 or a town clerk, town treasurer or combined town clerk and town treasurer appointed under sub. (1e).".

AB100-ASA1-AA8,189,8 765. Page 904, line 24: after that line insert:

AB100-ASA1-AA8,189,9 " Section 2181c. 60.62 (1) of the statutes is amended to read:

AB100-ASA1-AA8,189,12 60.62 (1) Subject to subs. (2) and, (3) and (4), if a town board has been granted authority to exercise village powers under s. 60.10 (2) (c), the board may adopt zoning ordinances under s. 61.35.

AB100-ASA1-AA8, s. 2181e Section 2181e. 60.62 (2) of the statutes is amended to read:

AB100-ASA1-AA8,189,17 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065.

AB100-ASA1-AA8, s. 2181i Section 2181i. 60.62 (4) of the statutes is created to read:

AB100-ASA1-AA8,190,3 60.62 (4) (a) Notwithstanding ss. 61.35 and 62.23 (1) (a), a town with a population of less than 2,500 that acts under this section may create a "Town Plan Commission" under s. 62.23 (1) (a) that has 5 members, consisting of the town chairperson, who shall be its presiding officer, the town engineer, the president of the park board, another member of the town board and one citizen. If the town plan commission has only 5 members and the town has no engineer or park board, an additional citizen member shall be appointed so that the commission has at all times 5 members. All other provisions of ss. 61.35 and 62.23 shall apply to a town plan commission that has 5 members.

AB100-ASA1-AA8,190,9 (b) If a town plan commission consists of 7 members and the town board enacts an ordinance or adopts a resolution reducing the size of the commission to 5 members, the commission shall continue to operate with 6 or 7 members until the expiration of the terms of the 2 citizen members, who were appointed under s. 62.23 (1) (c), whose terms expire soonest after the effective date of the ordinance or resolution that reduces the size of the commission.

AB100-ASA1-AA8,190,13 (c) If a town plan commission consists of 5 members and the town board enacts an ordinance or adopts a resolution increasing the size of the commission to 7 members, the town board chairperson shall appoint the 2 new members under s. 62.23 (1) (c).".

AB100-ASA1-AA8,190,14 766. Page 904, line 25: delete that line.

AB100-ASA1-AA8,190,15 767. Page 905, line 1: delete lines 1 to 5.

AB100-ASA1-AA8,190,16 768. Page 905, line 5: after that line insert:

AB100-ASA1-AA8,190,17 " Section 2181n. 60.74 (5) (b) of the statutes is amended to read:

AB100-ASA1-AA8,191,4 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

AB100-ASA1-AA8, s. 2181p Section 2181p. 61.187 (1) of the statutes is amended to read:

AB100-ASA1-AA8,191,15 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.".

AB100-ASA1-AA8,191,16 769. Page 906, line 8: delete lines 8 to 13.

AB100-ASA1-AA8,191,17 770. Page 906, line 13: after that line insert:

AB100-ASA1-AA8,191,18 " Section 2182g. 61.46 (1) of the statutes is amended to read:

AB100-ASA1-AA8,192,6 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held no sooner than 45 days after submission by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax.

AB100-ASA1-AA8, s. 2182i Section 2182i. 62.09 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,192,19 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.018 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.".

AB100-ASA1-AA8,192,21 771. Page 907, line 13: delete the material beginning with that line and ending with page 908, line 10.

AB100-ASA1-AA8,192,22 772. Page 908, line 11: delete lines 11 to 16.

AB100-ASA1-AA8,192,23 773. Page 908, line 20: after that line insert:

AB100-ASA1-AA8,192,24 " Section 2184m. 64.03 (1) of the statutes is amended to read:

AB100-ASA1-AA8,193,6 64.03 (1) Every ordinance or resolution for the adoption of ss. 64.01 to 64.15, and every petition for a special election referendum on the same, shall state the number of members of which the council herein provided for shall be composed, the term of office of its members, which term shall not exceed 2 years, whether they shall be nominated and elected from aldermanic districts or from the city at large, and the compensation, if any, which they shall receive.

AB100-ASA1-AA8, s. 2184n Section 2184n. 64.39 (3) of the statutes is amended to read:

AB100-ASA1-AA8,193,13 64.39 (3) Upon filing such petition, the mayor shall, by proclamation, submit the questions prescribed in sub. (1) at a special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held at a time specified therein and within 2 months not sooner than 45 days after such petition is filed. The election upon such question shall be conducted, the vote canvassed, and the result declared in the same manner as provided by law for other city elections.".

AB100-ASA1-AA8,193,14 774. Page 909, line 3: after that line insert:

AB100-ASA1-AA8,193,15 " Section 2185m. 66.01 (8) of the statutes is amended to read:

AB100-ASA1-AA8,194,2 66.01 (8) Every charter, charter amendment or charter ordinance enacted or approved by a vote of the electors shall control and prevail over any prior or subsequent act of the legislative body of the city or village. Whenever the electors of any city or village by a majority vote have adopted or determined to continue to operate under either ch. 62 or 64, or have determined the method of selection of members of the governing board, the question shall not again be submitted to the electors, nor action taken thereon within a period of 2 years. Any election to change or amend the charter of any city or village, other than a special an election as provided in called under s. 9.20 (4), shall be held at the time provided by statute for holding the spring election.".

AB100-ASA1-AA8,194,4 775. Page 910, line 14: delete "s. ss. 59.692 (7) and 62.23 (7) (am)" and substitute "s. 59.692 (7)".

AB100-ASA1-AA8,194,5 776. Page 913, line 11: delete lines 11 to 21.

AB100-ASA1-AA8,194,6 777. Page 916, line 22: after that line insert:

AB100-ASA1-AA8,194,7 " Section 2199m. 66.045 (6) of the statutes is amended to read:

AB100-ASA1-AA8,194,15 66.045 (6) Subsections (1) to (5) do not apply to telecommunications carriers, as defined in s. 196.01 (8m), telecommunications utilities, as defined in s. 196.01 (10), alternative telecommunications utilities, as defined in s. 196.01 (1d), public service corporations, or to cooperative associations organized under ch. 185 to render or furnish telecommunications service, gas, light, heat or power, but such carriers, utilities, corporations and associations shall secure permit from the proper official for temporary obstructions or excavation in a highway and shall be liable for all injuries to person or property thereby.".

AB100-ASA1-AA8,194,16 778. Page 916, line 22: after that line insert:

AB100-ASA1-AA8,194,18 " Section 2198r. 66.04 (1) (m) (title) of the statutes is renumbered 66.04 (1m) (title) and amended to read:

AB100-ASA1-AA8,194,20 66.04 (1m) (title) Subsidy of Payments for abortions and abortion-related activity restricted.

AB100-ASA1-AA8, s. 2198s Section 2198s. 66.04 (1) (m) of the statutes is renumbered 66.04 (1m) (a).

AB100-ASA1-AA8, s. 2198t Section 2198t. 66.04 (1m) (b) of the statutes is created to read:

AB100-ASA1-AA8,195,2 66.04 (1m) (b) No city, village or town or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.".

AB100-ASA1-AA8,195,3 779. Page 917, line 8: after that line insert: