Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,180,10 (e) A close friend of the incapacitated individual.

AB133-SSA1-SA1,180,20 (4) A determination that an individual is incapacitated for purposes of sub. (2) shall be made by 2 physicians, as defined in s. 448.01 (5), or by one physician and one licensed psychologist, as defined in s. 455.01 (4), who personally examine the individual and sign a statement specifying that the individual is incapacitated. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding that an individual is incapacitated. Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has a claim on any portion of the individual's estate. A copy of the statement shall be included in the individual's records in the facility to which he or she is admitted.

AB133-SSA1-SA1,180,25 (5) A person who serves as a substitute decision maker under sub. (2) may not authorize expenditures related to care in a hospice for the incapacitated individual if the incapacitated individual has an agent under a durable power of attorney, as defined in s. 243.07 (1) (a), who may authorize expenditures related to care in a hospice.".

AB133-SSA1-SA1,181,1 705. Page 759, line 13: after that line insert:

AB133-SSA1-SA1,181,2 " Section 1572g. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB133-SSA1-SA1,181,22 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be less than $184 $200 per day. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.".

AB133-SSA1-SA1,181,23 706. Page 759, line 14: after that line insert:

AB133-SSA1-SA1,181,24 " Section 1575n. 59.10 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,182,18 59.10 (2) (a) Composition; supervisory districts. Within 60 days after the population count by block, established in the decennial federal census of population, and maps showing the location and numbering of census blocks become available in printed form from the federal government or are published for distribution by an agency of this state, but no later than July 1 following the year of each decennial census, the board shall adopt and transmit to the governing body of each city and village wholly or partially contained within the county a tentative county supervisory district plan to be considered by the cities and villages when dividing into wards. The plan shall specify the number of supervisors to be elected and shall divide the county into a number of districts equal to the number of supervisors, with each district substantially equal in population and consisting of contiguous whole wards. In any plan that specifies districts to be created within the boundaries of the 1st judicial administration district, the number of districts and the number of supervisors under the plan shall equal the number of odd-numbered branches of the circuit court within the 1st judicial administration district. Except as otherwise provided in this paragraph, the board shall develop and adopt the tentative plan in accordance with sub. (3) (b) 1. The board shall adopt a final plan by enacting an ordinance in accordance with sub. (3) (b) 2. to 4.".

AB133-SSA1-SA1,182,19 707. Page 761, line 21: after that line insert:

AB133-SSA1-SA1,182,20 " Section 1577mm. 59.52 (29) (a) of the statutes is amended to read:

AB133-SSA1-SA1,183,10 59.52 (29) (a) All Except as provided in par. (c) 2., all public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $20,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $20,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $20,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.29 (2). A contract, the estimated cost of which exceeds $20,000, shall be let and entered into under s. 66.29, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

AB133-SSA1-SA1, s. 2577nm Section 2577nm. 59.52 (29) (c) to (f) of the statutes are created to read:

AB133-SSA1-SA1,183,14 59.52 (29) (c) 1. In this subsection, "design-build construction process" means a procurement process under which the engineering, design and construction services are provided by a single entity under a process described under par. (d).

AB133-SSA1-SA1,183,17 2. Any public works contract described in par. (a), the estimated cost of which exceeds $3,000,000, may be let by a county with a population of at least 500,000 using the design-build construction process.

AB133-SSA1-SA1,183,20 (d) If a county with a population of at least 500,000 wishes to construct a public work using the design-build construction process, the county shall use a selection process that contains the following procedures:

AB133-SSA1-SA1,184,3 1. The county shall issue a request for proposals from design-build teams by publishing a class 1 notice under ch. 985. The notice shall include a project statement that describes the space needs and design goals for the project, detailed submission requirements, selection procedures, site information, an outline of specifications for the project, a budget for the project, a project schedule, the composition of the selection panel, the approximate amount of the bond that the county will require under par. (e) and whether the county will offer a stipend to unsuccessful design-build teams and, if so, the amount of the stipend.

AB133-SSA1-SA1,184,14 2. Following receipt of the proposals, the county shall select 5 or less design-build teams to participate in the final stage of the selection process. The selection of teams under this subdivision shall be based on factors that include the background, experience and qualifications of the members of the teams; the financial strength and surety capacity of the teams; the quality of the initial proposal; and the past performance and current workload of the teams. The county selection panel that selects the teams under this subdivision for the final selection process under subd. 3. may include design and construction professionals who work for the county or are hired by the county to assist in the selection, members of the county board and representatives from the county entity that will use the facility that is to be constructed under the selection process described in this paragraph.

AB133-SSA1-SA1,184,25 3. The county shall make a final selection from among the teams selected under subd. 2. if the county determines that at least one of the teams selected as a finalist under subd. 2. will be able to construct the public work in a way that is satisfactory to the county. The final selection shall be made following interviews and presentations from the finalists, based on criteria that are published as a class 1 notice under ch. 985. The notice shall state the weight that is given to each criterion. The criteria to be used in making a final selection under this subdivision may include the quality of the proposed design, the construction approach to be used to complete the project, the extent to which a proposal demonstrates compliance with the project statement described under subd. 1., the proposed management plan for the project, the estimated cost of the project and a guaranteed maximum price for the project.

AB133-SSA1-SA1,185,4 (e) If the county selects a design-build team under par. (d) 3. and enters into a contract for the construction of the project, the design-build team shall obtain bonding, in an amount specified by the county, to guarantee completion of the project according to the terms of the contract.

AB133-SSA1-SA1,185,5 (f) 1. In this paragraph:

AB133-SSA1-SA1,185,6 a. "Minority business" has the meaning given in s. 560.036 (1) (e).

AB133-SSA1-SA1,185,7 b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB133-SSA1-SA1,185,10 c. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

AB133-SSA1-SA1,185,18 2. The board shall ensure that, for construction work and professional services contracts that relate to a public works contract for which the design-build construction process is used, a person who is awarded such a contract by a district shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women if the contract is for the construction of any part of baseball park facilities.

AB133-SSA1-SA1,185,23 3. It shall be a goal of the board to ensure that at least 25% of the aggregate dollar value of contracts awarded by the board in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women's businesses:

AB133-SSA1-SA1,185,25 a. Construction contracts that relate to a public works contract for which the design-build construction process is used.

AB133-SSA1-SA1,186,2 b. Professional services contracts that relate to a public works contract for which the design-build construction process is used.

AB133-SSA1-SA1,186,6 4. It shall be a goal of the board, with regard to each of the contracts described under subd. 3. a. and b., to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.

AB133-SSA1-SA1,186,15 5. a. The board shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by the board shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under subd. 2., he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the construction work or professional services.

AB133-SSA1-SA1,186,21 b. If the board is unable to meet the goals under subds. 3. and 4., the board shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under subd. 3. a. and b. are to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the contracts described under subd. 3. a., b. and c.

AB133-SSA1-SA1,187,2 6. a. The board shall hire an independent person to monitor the board's compliance with minority contracting goals under subds. 2., 3. and 4. The person hired shall have previous experience working with minority group members. The board shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

AB133-SSA1-SA1,187,7 b. If the board or a contractor is unable to meet the goals under subd. 2., 3. or 4., the person hired under this subd. 6. a. shall assess whether the board or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the factors listed in subd. 7.

AB133-SSA1-SA1,187,10 7. a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

AB133-SSA1-SA1,187,13 b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in this subd. 7. a., in areas in which contracts were awarded.

AB133-SSA1-SA1,187,17 c. The extent to which the board or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in this subd. 7. a., and the extent to which eligible minority businesses and women's businesses submitted bids.".

AB133-SSA1-SA1,187,19 708. Page 762, line 13: delete the material beginning with that line and ending with page 763, line 10.

AB133-SSA1-SA1,187,20 709. Page 763, line 10: after that line insert:

AB133-SSA1-SA1,187,21 " Section 1579u. 59.692 (6m) of the statutes is created to read:

AB133-SSA1-SA1,188,2 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.".

AB133-SSA1-SA1,188,3 710. Page 763, line 11: delete lines 11 to 23.

AB133-SSA1-SA1,188,4 711. Page 763, line 23: after that line insert:

AB133-SSA1-SA1,188,5 " Section 1580p. 60.615 of the statutes is created to read:

AB133-SSA1-SA1,188,8 60.615 Town of Troy farmland preservation pilot program; special zoning powers, purchase of development rights. (1) Town board purchase of development rights. (a) Definitions. In this section:

AB133-SSA1-SA1,188,9 1. "Board" means the town of Troy board of supervisors.

AB133-SSA1-SA1,188,15 2. "Conservation easement" means a holder's nonpossessory interest in real property that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, wildlife habitat, recreational or open space use, protecting natural resources or maintaining or enhancing air or water quality.

AB133-SSA1-SA1,188,16 3. "Developer" means a person that constructs or creates a land development.

AB133-SSA1-SA1,188,21 4. "Development rights" means a holder's nonpossessory interest in farmland that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of farmland, assuring the availability of farmland for agricultural, forest, wildlife habitat, recreational or open space use, protecting natural resources or maintaining or enhancing air or water quality.

AB133-SSA1-SA1,188,22 5. "Farmland" has the meaning given for eligible farmland under s. 91.01 (6).

AB133-SSA1-SA1,188,24 6. "Land development" means the construction of residential dwelling units within the town of Troy in an area that is subject to zoning under sub. (2) (b).

AB133-SSA1-SA1,189,1 7. "Town of Troy" means the town of Troy in St. Croix County.

AB133-SSA1-SA1,189,3 (b) Purchase of development rights. 1. The board may purchase development rights to farmland that is located in the town of Troy.

AB133-SSA1-SA1,189,9 2. The town may purchase the development rights with the grant received from the department of agriculture, trade and consumer protection under s. 20.115 (7) (dr) or from funds received by a developer who makes the payments described under sub. (2) (c) 2. If the board adopts a resolution requesting the department of agriculture, trade and consumer protection to make the grant payment described under this subdivision, the department shall do so.

AB133-SSA1-SA1,189,11 3. The board shall determine which farmland in the town is the best farmland and shall attempt to purchase the development rights to that farmland.

AB133-SSA1-SA1,189,18 (2) Special zoning provisions. (a) Zoning authority. Notwithstanding s. 91.77 (1), the board may rezone a parcel that is zoned for exclusive agricultural use under subch. V of ch. 91 if the owner of the parcel grants a permanent conservation easement to the town of Troy that applies to at least 60% of the parcel, including the best farmland in the parcel as determined by the board. Except as provided in par. (c), the provisions of s. 91.77 (2) do not apply to a parcel that is rezoned under this paragraph or that is developed under par. (b).

AB133-SSA1-SA1,189,21 (b) Development procedures. With regard to the portion of a parcel described under par. (a) that is not subject to a permanent conservation easement, a developer may, subject to par. (c), create a land development.

AB133-SSA1-SA1,189,23 (c) Development conditions. 1. The board may determine population density limits that apply to a land development.

AB133-SSA1-SA1,190,2 2. If a developer creates a land development under par. (b) the developer shall pay to the town of Troy the amount of tax credits that would be subject to a lien, as calculated under s. 91.77 (2), on the parcels on which the land development is proposed.

AB133-SSA1-SA1,190,5 (3) Sunset provisions. The board may not exercise the zoning authority described under sub. (2) after the first day of the 24th month beginning after publication.".

AB133-SSA1-SA1,190,6 712. Page 764, line 25: after that line insert:

AB133-SSA1-SA1,190,7 " Section 1588m. 62.03 (1) of the statutes is amended to read:

AB133-SSA1-SA1,190,10 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), 62.15 (1m), 62.175 and 62.23 (7) (em) and (he), does not apply to 1st class cities under special charter.

AB133-SSA1-SA1, s. 1588r Section 1588r. 62.15 (1) of the statutes is amended to read:

AB133-SSA1-SA1,190,20 62.15 (1) Contracts; how let. All Except as provided in sub. (1m), all public construction, the estimated cost of which exceeds $10,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $10,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

AB133-SSA1-SA1, s. 1588s Section 1588s. 62.15 (1m) of the statutes is created to read:

AB133-SSA1-SA1,191,2 62.15 (1m) Design-build contracts. Any contract for public construction under sub. (1) that is let by a 1st class city, the estimated cost of which exceeds $3,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d), (e) and (f), as it applies to counties with a population of at least 500,000, applies to 1st class cities.".

AB133-SSA1-SA1,191,3 713. Page 767, line 18: delete lines 18 to 25.

AB133-SSA1-SA1,191,4 714. Page 768, line 1: delete lines 1 to 15.

AB133-SSA1-SA1,191,5 715. Page 768, line 15: after that line insert:

AB133-SSA1-SA1,191,6 " Section 1591k. 62.231 (6m) of the statutes is created to read:

AB133-SSA1-SA1,191,11 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.".

AB133-SSA1-SA1,191,13 716. Page 778, line 6: delete the material beginning with that line and ending with page 779, line 6.

AB133-SSA1-SA1,191,14 717. Page 779, line 6: after that line insert:

AB133-SSA1-SA1,191,15 " Section 1608m. 66.082 (3) (a) of the statutes is amended to read:

AB133-SSA1-SA1,191,17 66.082 (3) (a) Own and operate a cable television system, except that such a system shall be operated on a competitively neutral and nondiscriminatory basis.".

AB133-SSA1-SA1,191,18 718. Page 785, line 13: after that line insert:

AB133-SSA1-SA1,191,19 " Section 1618j. 66.293 (3) (av) of the statutes is amended to read:

AB133-SSA1-SA1,192,5 66.293 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 103.49 or 103.50 or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 103.49 or 103.50 or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 103.49 or 103.50 or 40 USC 276a in determining prevailing wage rates under par. (am) or (ar) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.".

AB133-SSA1-SA1,192,6 719. Page 785, line 13: after that line insert:

AB133-SSA1-SA1,192,7 " Section 1617r. 66.184 of the statutes is amended to read:

AB133-SSA1-SA1,192,14 66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, and 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.".

AB133-SSA1-SA1,192,15 720. Page 786, line 18: after that line insert:

AB133-SSA1-SA1,192,16 " Section 1621e. 66.307 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,192,22 66.307 (2) (a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if, except as provided in par. (e), at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.

AB133-SSA1-SA1, s. 1621f Section 1621f. 66.307 (2) (e) of the statutes is created to read:

AB133-SSA1-SA1,193,2 66.307 (2) (e) 1. The legislature finds the following with respect to the city of Eagle River:

AB133-SSA1-SA1,193,3 a. It is extremely close to the 40% threshold described in par. (a).

AB133-SSA1-SA1,193,5 b. It has an atypical percentage of tax-exempt land within its boundaries that is used for tourism-related purposes.

AB133-SSA1-SA1,193,7 c. It is the site of national recreational competitions that draw tourism business to the entire northern region of this state.