AB40-ASA1, s. 1637
24Section
1637. 49.857 (3) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,630,7
149.857
(3) (c) (intro.) If the department of children and families provides a
2certification list to a licensing authority, a licensing agency or, with respect to a
3credential granted by a credentialing board, the department of
regulation and
4licensing safety and professional services, upon receipt of the list the licensing
5authority if the licensing authority agrees, the licensing agency or, with respect to
6a credential granted by a credentialing board, the department of
regulation and
7licensing safety and professional services shall do all of the following:
AB40-ASA1,630,209
49.857
(3) (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of
10delinquent support, is denied a license or whose license, on the basis of delinquent
11support, is restricted, limited, suspended, or refused renewal or revalidation under
12a memorandum of understanding entered into under sub. (2) (b) pays the delinquent
13amount of support in full or makes satisfactory alternative payment arrangements,
14the department of children and families shall immediately notify the licensing
15authority or licensing agency to issue or reinstate the individual's license as provided
16in the memorandum of understanding. If the individual held or applied for a
17credential granted by a credentialing board, the department of
regulation and
18licensing safety and professional services shall, upon notice by the department of
19children and families, notify the credentialing board to grant or reinstate the
20individual's credential.
AB40-ASA1,631,822
49.857
(3) (d) 2. Subject to sub. (2) (d), if an individual who, on the basis of a
23failure to comply with a subpoena or warrant, is denied a license or whose license,
24on the basis of a failure to comply with a subpoena or warrant, is restricted, limited,
25suspended, or refused renewal or revalidation under a memorandum of
1understanding entered into under sub. (2) (b) satisfies the requirements under the
2subpoena or warrant, the department of children and families shall immediately
3notify the licensing authority or licensing agency to issue or reinstate the individual's
4license as provided in the memorandum of understanding. If the individual held or
5applied for a credential granted by a credentialing board, the department of
6regulation and licensing safety and professional services shall, upon notice by the
7department of children and families, notify the credentialing board to grant or
8reinstate the individual's credential.
AB40-ASA1,631,1610
49.857
(4) Each licensing agency shall enter into a memorandum of
11understanding with the department of children and families under sub. (2) (b) and
12shall cooperate with the department of children and families in its administration
13of s. 49.22. The department of
regulation and licensing safety and professional
14services shall enter into a memorandum of understanding with the department of
15children and families on behalf of a credentialing board with respect to a credential
16granted by the credentialing board.
AB40-ASA1,631,1919
50.01
(1g) (c) A shelter facility as defined under s.
560.9808 16.308 (1) (d).
AB40-ASA1,632,1021
50.02
(1) Departmental authority. The department may provide uniform,
22statewide licensing, inspection, and regulation of community-based residential
23facilities and nursing homes as provided in this subchapter. The department shall
24certify, inspect, and otherwise regulate adult family homes, as specified under
ss.
2550.031 and s. 50.032 and shall license adult family homes, as specified under s.
150.033. Nothing in this subchapter may be construed to limit the authority of the
2department of
commerce safety and professional services or of municipalities to set
3standards of building safety and hygiene, but any local orders of municipalities shall
4be consistent with uniform, statewide regulation of community-based residential
5facilities. The department may not prohibit any nursing home from distributing
6over-the-counter drugs from bulk supply. The department may consult with
7nursing homes as needed and may provide specialized consultations when requested
8by any nursing home, separate from its inspection process, to scrutinize any
9particular questions the nursing home raises. The department shall, by rule, define
10"specialized consultation".
AB40-ASA1,632,2412
50.02
(2) (a) The department, by rule, shall develop, establish and enforce
13regulations and standards for the care, treatment, health, safety, rights, welfare and
14comfort of residents in community-based residential facilities and nursing homes
15and for the construction, general hygiene, maintenance and operation of those
16facilities which, in the light of advancing knowledge, will promote safe and adequate
17accommodation, care and treatment of residents in those facilities; and promulgate
18and enforce rules consistent with this section. Such standards and rules shall
19provide that intermediate care facilities, which have 16 or fewer beds may, if
20exempted from meeting certain physical plant, staffing and other requirements of
21the federal regulations, be exempted from meeting the corresponding provisions of
22the department's standards and rules. The department shall consult with the
23department of
commerce safety and professional services when developing
24exemptions relating to physical plant requirements.
AB40-ASA1,633,62
50.035
(2) (a) 3. The department or the department of
commerce safety and
3professional services may waive the requirement under subd. 1. or 2. for a
4community-based residential facility that has a smoke detection or sprinkler system
5in place that is at least as effective for fire protection as the type of system required
6under the relevant subdivision.
AB40-ASA1, s. 1654
7Section
1654. 50.035 (2) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,633,118
50.035
(2) (b) (intro.) No facility may install a smoke detection system that fails
9to receive the approval of the department or of the department of
commerce safety
10and professional services. At least one smoke detector shall be located at each of the
11following locations:
AB40-ASA1,633,1513
50.065
(2) (am) 3. Information maintained by the department of
regulation and
14licensing safety and professional services regarding the status of the person's
15credentials, if applicable.
AB40-ASA1,633,1917
50.065
(2) (b) 3. Information maintained by the department of
regulation and
18licensing safety and professional services regarding the status of the person's
19credentials, if applicable.
AB40-ASA1,633,2421
50.065
(4m) (a) 5. That, in the case of a position for which the person must be
22credentialed by the department of
regulation and licensing safety and professional
23services, the person's credential is not current or is limited so as to restrict the person
24from providing adequate care to a client.
AB40-ASA1,634,4
150.065
(4m) (b) 5. That, in the case of a position for which the person must be
2credentialed by the department of
regulation and licensing safety and professional
3services, the person's credential is not current or is limited so as to restrict the person
4from providing adequate care to a client.
AB40-ASA1,634,186
50.36
(1) The department shall promulgate, adopt, amend and enforce such
7rules and standards for hospitals for the construction, maintenance and operation
8of the hospitals deemed necessary to provide safe and adequate care and treatment
9of the patients in the hospitals and to protect the health and safety of the patients
10and employees; and nothing contained herein shall pertain to a person licensed to
11practice medicine and surgery or dentistry. The building codes and construction
12standards of the department of
commerce safety and professional services shall
13apply to all hospitals and the department may adopt additional construction codes
14and standards for hospitals, provided they are not lower than the requirements of
15the department of
commerce safety and professional services. Except for the
16construction codes and standards of the department of
commerce safety and
17professional services and except as provided in s. 50.39 (3), the department shall be
18the sole agency to adopt and enforce rules and standards pertaining to hospitals.
AB40-ASA1,634,2320
50.36
(6) If the department receives a credible complaint that a pharmacy
21located in a hospital has violated its duty to dispense contraceptive drugs and devices
22under s. 450.095 (2), the department shall refer the complaint to the department of
23regulation and licensing safety and professional services.
AB40-ASA1,635,13
151.20
(5) Hearing requirements. The hearings which are required to be held
2under this chapter shall conform to the essentials of due process and fair treatment
3including the right to an open hearing, the right to request a closed hearing, the right
4to counsel, the right to present and cross-examine witnesses, the right to remain
5silent and the right to a jury trial if requested under sub. (11). The parent or guardian
6of a minor who is the subject of a hearing shall have the right to participate in the
7hearing and to be represented by counsel. All proceedings under this chapter shall
8be reported as provided in SCR 71.01. The court may determine to hold a hearing
9under this section at the institution at which the individual is detained, whether or
10not located in the same county as the court with which the petition was filed, unless
11the individual or his or her attorney objects.
The court may determine whether the
12individual attends the hearing in person by videoconferencing, as defined in s. 885.52
13(3).
AB40-ASA1,635,2215
51.35
(5) Residential living arrangements; transitionary services. The
16department and any person, director
, or board authorized to discharge or transfer
17patients under this section shall ensure that a proper residential living arrangement
18and the necessary transitionary services are available and provided for the patient
19being discharged or transferred. Under this subsection, a proper residential living
20arrangement may not include a shelter facility, as defined under s.
560.9808 16.308 21(1) (d), unless the discharge or transfer to the shelter facility is made on an
22emergency basis for a period not to exceed 10 days.
AB40-ASA1,636,724
51.42
(3) (a)
Creation. Except as provided under s. 46.23 (3) (b), the county
25board of supervisors of any county, or the county boards of supervisors of 2 or more
1contiguous counties, shall establish a county department of community programs on
2a single-county or multicounty basis to administer a community mental health,
3developmental disabilities, alcoholism and drug abuse program, make
4appropriations to operate the program and authorize the county department of
5community programs to apply for grants-in-aid under s. 51.423. The county
6department of community programs shall consist of a county community programs
7board, a county community programs director and necessary personnel.
AB40-ASA1,636,149
51.42
(7) (a) 7. Develop a program in consultation with the department of
10regulation and licensing safety and professional services to use voluntary,
11uncompensated services of licensed or certified professionals to assist the
12department of health services in evaluating community mental health programs in
13exchange for continuing education credits for the professionals under ss. 448.40 (2)
14(e) and 455.065 (5).
AB40-ASA1,637,216
51.437
(4g) (a) Except as provided under par. (b) and ss. 46.21 (2m) (b) and
1746.23 (3) (b), every county board of supervisors shall establish a county department
18of developmental disabilities services on a single-county or multicounty basis to
19furnish services within its county.
Adjacent counties, Counties lacking the financial
20resources and professional personnel needed to provide or secure such services on a
21single-county basis
, may
and shall be encouraged to combine their energies and
22financial resources to provide these joint services and facilities with the approval of
23the department of health services. The county department of developmental
24disabilities services shall consist of a county developmental disabilities services
1board, a county developmental disabilities services director and necessary
2personnel.
AB40-ASA1,637,204
51.61
(1) (o) Except as otherwise provided, have a right not to be filmed or
5taped, unless the patient signs an informed and voluntary consent that specifically
6authorizes a named individual or group to film or tape the patient for a particular
7purpose or project during a specified time period. The patient may specify in the
8consent periods during which, or situations in which, the patient may not be filmed
9or taped. If a patient is adjudicated incompetent, the consent shall be granted on
10behalf of the patient by the patient's guardian. A patient in Goodland Hall at the
11Mendota Mental Health Institute,
or a patient detained or committed under ch. 980
12and placed in a facility specified under s. 980.065, or a patient who is in the legal
13custody of or under the supervision of the department of corrections, may be
subject
14to video surveillance or filmed or taped
for security purposes without the patient's
15consent, except that such a patient may not be filmed in patient bedrooms or
16bathrooms without the patient's consent unless the patient is engaged in dangerous
17or disruptive behavior. A treatment activity involving a patient committed or
18detained under ch. 980 may be filmed or taped if the purpose of the recording is to
19assess the quality of the treatment activity or to facilitate clinical supervision of the
20staff involved in the treatment activity.
AB40-ASA1,637,2522
55.043
(4) (b) 5. Refer the case to the department of
regulation and licensing 23safety and professional services if the financial exploitation, neglect, self-neglect, or
24abuse involves an individual who is required to hold a credential, as defined in s.
25440.01 (2) (a), under chs. 440 to 460.
AB40-ASA1,638,42
59.27
(10) To enforce in the county all general orders of the department of
3commerce safety and professional services relating to the sale, transportation and
4storage of explosives.
AB40-ASA1,638,176
59.57
(1) (a) Subject to par. (b), the board may appropriate money for and create
7a county industrial development agency or to any nonprofit agency organized to
8engage or engaging in activities described in this paragraph, appoint an executive
9officer and provide a staff and facilities to promote and develop the resources of the
10county and of its component municipalities. To this end the agency may, without
11limitation because of enumeration, develop data regarding the industrial needs,
12advantages and sites in the county, acquaint the purchaser with the products of the
13county by promotional activities, coordinate its work with that of the county
14planning commission, the
department of commerce Wisconsin Economic
15Development Corporation, and private credit development corporations
, and do all
16things necessary to provide for the continued improvement of the industrial climate
17of the county.
AB40-ASA1,638,2319
59.57
(1) (b) If a county with a population of 500,000 or more appropriates
20money under par. (a) to fund nonprofit agencies, the county shall have a goal of
21expending 20% of the money appropriated for this purpose to fund a nonprofit agency
22that is actively managed by minority group members, as defined in s.
560.036 16.287 23(1) (f), and that principally serves minority group members.
AB40-ASA1, s. 1679h
1Section 1679h. 59.58 (7) of the statutes, as affected by 2011 Wisconsin Act ...
2(this act), is repealed.
AB40-ASA1,639,64
59.58
(7) (e) (intro.)
The Subject to s. 77.9973 (2), the authority may impose the
5fees under subch. XIII of ch. 77. From the fees, the authority may do all of the
6following:
AB40-ASA1,639,109
59.605
(6) Temporary suspension of the limit. This section does not apply to
10a county's levy that is imposed in December 2011 or December 2012.
AB40-ASA1,639,1612
59.69
(4c) Construction site ordinance limits. Except as provided in s.
281.33
13(3m) (f) 101.1206 (5m), an ordinance that is enacted under sub. (4) may only include
14provisions that are related to construction site erosion control if those provisions are
15limited to sites where the construction activities do not include the construction of
16a building.
AB40-ASA1, s. 1682
17Section
1682
. 59.69 (15) (intro.) of the statutes is amended to read:
AB40-ASA1,639,2218
59.69
(15) Community and other living arrangements. (intro.) For purposes
19of this section, the location of a community living arrangement for adults, as defined
20in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
21(1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in
22s. 50.01 (1)
(a) or (b), in any municipality, shall be subject to the following criteria:
AB40-ASA1,640,224
59.691
(2) (b) 1. A county is not required to give the notice under par. (a) at the
25time that it issues a building permit if the county issues the building permit on a
1standard building permit form prescribed by the department of
commerce safety and
2professional services.
AB40-ASA1,640,7
559.875 Payment of contributions in an employee retirement system of
6populous counties. (1) In this section, "county" means any county having a
7population of 500,000 or more.
AB40-ASA1,640,14
8(2) (a) Beginning on the effective date of this subsection .... [LRB inserts date],
9in any employee retirement system of a county, except as otherwise provided in a
10collective bargaining agreement entered into under subch. IV of ch. 111 and except
11as provided in par. (b), employees shall pay half of all actuarially required
12contributions for funding benefits under the retirement system. The employer may
13not pay on behalf of an employee any of the employee's share of the actuarially
14required contributions.
AB40-ASA1,640,2015
(b) 1. An employer shall pay, on behalf of a nonrepresented law enforcement or
16fire fighting managerial employee, who was initially employed by the employer
17before the effective date of this subdivision .... [LRB inserts date], the same
18contributions required by par. (a) that are paid by the employer for represented law
19enforcement or fire fighting personnel who were initially employed by the employer
20before the effective date of this subdivision .... [LRB inserts date].
AB40-ASA1,641,521
2. An employer shall pay, on behalf of a represented law enforcement or fire
22fighting employee, who was initially employed by the employer before the effective
23date of this subdivision .... [LRB inserts date], and who on or after the effective date
24of this subdivision .... [LRB inserts date], became employed in a nonrepresented law
25enforcement or fire fighting managerial position with the employer, or a successor
1employer in the event of a combined department that is created on or after the
2effective date of this subdivision .... [LRB inserts date], the same contributions
3required by par. (a) that are paid by the employer for represented law enforcement
4or fire fighting personnel who were initially employed by the employer before the
5effective date of this subdivision .... [LRB inserts date].
AB40-ASA1,641,97
60.23
(4) (c) Coordinate its activities with the county planning commission, the
8department of commerce Wisconsin Economic Development Corporation, and
9private credit development organizations.
AB40-ASA1,641,1211
60.55
(1) (a) 5. Creating a combined protective services department under s.
1260.553.
AB40-ASA1,641,15
1460.553 Combined protective services.
(1) Any town may provide police and
15fire protection services by any of the following:
AB40-ASA1,641,2116
(a) A combined protective services department which is neither a police
17department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in
18which the same person may be required to perform police protection and fire
19protection duties without being required to perform police protection duties for more
20than 8 hours in each 24 hours except in emergency situations, as described under s.
2162.13 (7n).
AB40-ASA1,642,222
(b) Persons in a police department or fire department who, alone or in
23combination with persons designated as police officers or fire fighters, may be
24required to perform police protection and fire protection duties without being
1required to perform police protection duties for more than 8 hours in each 24 hours
2except in emergency situations, as described under s. 62.13 (7n).
AB40-ASA1,642,6
3(2) The governing body of a town acting under sub. (1) may designate any
4person required to perform police protection and fire protection duties under sub. (1)
5as primarily a police officer or fire fighter for purposes described in ss. 62.13 (7m),
6(7n), (10m), and (11) 891.45, 891.453, and 891.455.
AB40-ASA1,642,98
60.56
(1) (a) 4. Creating a combined protective services department under s.
960.553.
AB40-ASA1, s. 1689
10Section
1689. 60.56 (1) (am) (intro.) of the statutes is amended to read:
AB40-ASA1,642,2111
60.56
(1) (am) (intro.) If a town board establishes a town police department
12under par. (a) 1. or 2. and does not create a board of police commissioners singly or
13in combination with another town, village or city,
or if a town board establishes a
14combined protective services department under s. 60.553 and does not create a board
15of police and fire commissioners, the town may not suspend, reduce, suspend and
16reduce, or remove any police chief
, chief of a combined protective services
17department, or other law enforcement officer who is not probationary, and for whom
18there is no valid and enforceable contract of employment or collective bargaining
19agreement which provides for a fair review prior to that suspension, reduction,
20suspension and reduction or removal, unless the town board does one of the
21following:
AB40-ASA1,642,2423
60.57
(1) (c) If the town has both a police and fire department,
or a combined
24protective services department, establish a board of police and fire commissioners.
AB40-ASA1,643,4
160.625
(2) (b) 1. A town is not required to give the notice under par. (a) at the
2time that it issues a building permit if the town issues the building permit on a
3standard building permit form prescribed by the department of
commerce safety and
4professional services.
