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, s. 1664 14Section 1664. 51.35 (5) of the statutes is amended to read:
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, s. 1665 23Section 1665. 51.42 (3) (a) of the statutes is amended to read:
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, s. 1666 8Section 1666. 51.42 (7) (a) 7. of the statutes is amended to read:
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, s. 1667 15Section 1667. 51.437 (4g) (a) of the statutes is amended to read:
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, s. 1667g 3Section 1667g. 51.61 (1) (o) of the statutes is amended to read:
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, s. 1668 21Section 1668. 55.043 (4) (b) 5. of the statutes is amended to read:
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, s. 1670
1Section 1670. 59.27 (10) of the statutes is amended to read:
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, s. 1677 5Section 1677. 59.57 (1) (a) of the statutes is amended to read:
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, s. 1678 18Section 1678. 59.57 (1) (b) of the statutes is amended to read:
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. 1679d 24Section 1679d. 59.58 (6) of the statutes is repealed.
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, s. 1679p 3Section 1679p. 59.58 (7) (e) (intro.) of the statutes is amended to read:
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, s. 1679t 7Section 1679t. 59.58 (7) (i) and (j) of the statutes are repealed.
AB40-ASA1, s. 1680m 8Section 1680m. 59.605 (6) of the statutes is created to read:
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, s. 1681 11Section 1681. 59.69 (4c) of the statutes is amended to read:
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, s. 1683 23Section 1683. 59.691 (2) (b) 1. of the statutes is amended to read:
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, s. 1684p 3Section 1684p. 59.875 of the statutes, as created by 2011 Wisconsin Act 10,
4is repealed and recreated to read:
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, s. 1685 6Section 1685. 60.23 (4) (c) of the statutes is amended to read:
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, s. 1686 10Section 1686. 60.55 (1) (a) 5. of the statutes is created to read:
AB40-ASA1,641,1211 60.55 (1) (a) 5. Creating a combined protective services department under s.
1260.553.
AB40-ASA1, s. 1687 13Section 1687. 60.553 of the statutes is created to read:
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, s. 1688 7Section 1688. 60.56 (1) (a) 4. of the statutes is created to read:
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, s. 1690 22Section 1690. 60.57 (1) (c) of the statutes is amended to read:
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, s. 1691 25Section 1691. 60.625 (2) (b) 1. of the statutes is amended to read:
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
.
AB40-ASA1, s. 1692 5Section 1692 . 60.63 (intro.) of the statutes is amended to read:
AB40-ASA1,643,10 660.63 Community and other living arrangements. (intro.) For purposes
7of s. 60.61, the location of a community living arrangement for adults, as defined in
8s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743
9(1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in
10s. 50.01 (1) (a) or (b), in any town shall be subject to the following criteria:
AB40-ASA1, s. 1693 11Section 1693. 60.71 (4) (b) of the statutes is amended to read:
AB40-ASA1,643,1612 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the
13hearing. The notice shall contain an announcement of the hearing and a description
14of the boundaries of the proposed town sanitary district. The town board shall mail
15the notice to the department of commerce safety and professional services and the
16department of natural resources at least 10 days prior to the hearing.
AB40-ASA1, s. 1694 17Section 1694. 60.71 (4) (c) of the statutes is amended to read:
AB40-ASA1,643,2518 60.71 (4) (c) Any person may file written comments on the formation of the
19district with the town clerk. Any owner of property within the boundary of the
20proposed district may appear at the hearing and offer objections, criticisms or
21suggestions as to the necessity of the proposed district and the question of whether
22his or her property will be benefited by the establishment of the district. A
23representative of the department of commerce safety and professional services and
24of the department of natural resources may attend the hearing and advise the town
25board.
AB40-ASA1, s. 1695
1Section 1695. 60.85 (14) of the statutes is repealed.
AB40-ASA1, s. 1696 2Section 1696. 61.352 (2) (b) 1. of the statutes is amended to read:
AB40-ASA1,644,63 61.352 (2) (b) 1. A village is not required to give the notice under par. (a) at the
4time that it issues a building permit if the village issues the building permit on a
5standard building permit form prescribed by the department of commerce safety and
6professional services
.
AB40-ASA1, s. 1697 7Section 1697. 61.65 (1) (am) (intro.) of the statutes is amended to read:
AB40-ASA1,644,178 61.65 (1) (am) (intro.) If a village establishes a police department and does not
9create a board of police commissioners singly or in combination with another
10municipality, or if a village board establishes a combined protective services
11department under s. 61.66 and does not create a board of police and fire
12commissioners,
the village may not suspend, reduce, suspend and reduce, or remove
13any police chief, chief of a combined protective services department, or other law
14enforcement officer who is not probationary, and for whom there is no valid and
15enforceable contract of employment or collective bargaining agreement which
16provides for a fair review prior to that suspension, reduction, suspension and
17reduction or removal, unless the village does one of the following:
AB40-ASA1, s. 1698 18Section 1698. 61.66 (1) (a) and (b) and (2) of the statutes are amended to read:
AB40-ASA1,644,2419 61.66 (1) (a) A combined protective services department which is neither a
20police department under s. 61.65 (1) (a) nor a fire department under s. 61.65 (2) (a),
21which was created prior to January 1, 1987,
and in which the same person may be
22required to perform police protection and fire protection duties without being
23required to perform police protection duties for more than 8 hours in each 24 hours
24except in emergency situations, as specified described under s. 62.13 (7n).
AB40-ASA1,645,6
1(b) Persons in a police department or fire department who, alone or in
2combination with persons designated as police officers or fire fighters, may be
3required to perform police protection and fire protection duties without being
4required to perform police protection duties for more than 8 hours in each 24 hours
5except in emergency situations, as specified described under s. 62.13 (7n), if those
6persons were required to perform those duties prior to January 1, 1987
.
AB40-ASA1,645,10 7(2) The governing body of a village acting under sub. (1) may designate any
8person required to perform police protection and fire protection duties under sub. (1)
9as primarily a police officer or fire fighter for purposes of s. described in ss. 62.13
10(7m), (7n), (10m), and (11),
891.45, 891.453, or and 891.455.
AB40-ASA1, s. 1699 11Section 1699. 62.09 (1) (a) of the statutes is amended to read:
AB40-ASA1,646,512 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller,
13attorney, engineer, one or more assessors unless the city is assessed by a county
14assessor under s. 70.99, one or more constables as determined by the common
15council, a local health officer, as defined in s. 250.01 (5), or local board of health, as
16defined in s. 250.01 (3), street commissioner, board of police and fire commissioners
17except in cities where not applicable, chief of police except in a city that has
18contracted for all of its police protective services under s. 62.13 (2g) or has abolished
19its police department under s. 62.13 (2s)
where it is not applicable, chief of the fire
20department except in a city that contracted for all of its fire protective services under
21s. 62.13 (8) (b)
where it is not applicable, chief of a combined protective services
22department except in a city where it is not applicable
, board of public works, 2
23alderpersons from each aldermanic district, and such other officers or boards as are
24created by law or by the council. If one alderperson from each aldermanic district
25is provided under s. 66.0211 (1), the council may, by ordinance adopted by a

1two-thirds vote of all its members and approved by the electors at a general or special
2election, provide that there shall be 2 alderpersons from each aldermanic district.
3If a city creates a combined protective services department under s. 62.13 (2e) (a) 1.,
4it shall create the office of chief of such a department and shall abolish the offices of
5chief of police and chief of the fire department.
AB40-ASA1, s. 1700 6Section 1700. 62.09 (13) (a) of the statutes is amended to read:
AB40-ASA1,646,217 62.09 (13) (a) The chief of police shall have command of the police force of the
8city, or the chief of a combined protective services department created under s. 62.13
9(2e) (a) 1. shall have command of the combined protective services force,
under the
10direction of the mayor. The chief shall obey all lawful written orders of the mayor
11or common council. The chief and each police officer or combined protective services
12officer
shall possess the powers, enjoy the privileges and be subject to the liabilities
13conferred and imposed by law upon constables, and be taken as included in all writs
14and papers addressed to constables; shall arrest with or without process and with
15reasonable diligence take before the municipal judge or other proper court every
16person found in the city engaged in any disturbance of the peace or violating any law
17of the state or ordinance of the city and may command all persons present in that case
18to assist, and if any person, being so commanded, refuses or neglects to render
19assistance the person shall forfeit not exceeding $10. They shall collect the same fees
20prescribed for sheriffs in s. 814.70 for similar services, unless a higher fee is
21applicable under s. 814.705 (1) (b).
AB40-ASA1, s. 1701 22Section 1701. 62.09 (13) (b) of the statutes is amended to read:
AB40-ASA1,647,223 62.09 (13) (b) The chief of police, or the chief of a combined protective services
24department created under s. 62.13 (2e) (a) 1.,
shall have charge of all city jails,

1including that portion of any jail which is used by the city in a joint city-county
2building.
AB40-ASA1, s. 1702 3Section 1702. 62.13 (2e) of the statutes is created to read:
AB40-ASA1,647,54 62.13 (2e) Combined protective services. (a) A city may provide police and
5fire protection services by any of the following:
AB40-ASA1,647,116 1. A combined protective services department which is neither a police
7department as otherwise constituted under this section nor a fire department as
8otherwise constituted under this section, in which the same person may be required
9to perform police protection and fire protection duties without being required to
10perform police protection duties for more than 8 hours in each 24 hours except in
11emergency situations, as described under sub. (7n).
AB40-ASA1,647,1612 2. Persons in a police department or fire department who, alone or in
13combination with persons designated as police officers or fire fighters, may be
14required to perform police protection and fire protection duties without being
15required to perform police protection duties for more than 8 hours in each 24 hours
16except in emergency situations, as described under sub. (7n).
AB40-ASA1,647,2017 (b) The governing body of a city acting under par. (a) may designate any person
18required to perform police protection and fire protection duties under par. (a) as
19primarily a police officer or fire fighter for purposes described in subs. (7m), (7n),
20(10m), and (11) and ss. 891.45, 891.453, and 891.455.
AB40-ASA1, s. 1703 21Section 1703. 62.13 (2s) (a) of the statutes is amended to read:
AB40-ASA1,648,622 62.13 (2s) (a) Subject to pars. (b) to (d), a city may abolish its police department
23or combined protective services department if it enters into a contract with a county
24under s. 59.03 (2) (e) for the county sheriff to provide law enforcement services in all
25parts of the city. If the city is located in more than one county, it may not abolish its

1police department or combined protective services department under this paragraph
2unless the city enters into a contract under this paragraph with the county in which
3the greatest amount of the city's equalized value, population or territory is located.
4If a city that is located in more than one county enters into a contract with a county
5under this paragraph, the jurisdiction of the contracting county's sheriff and
6deputies includes the entire territory of the city.
AB40-ASA1, s. 1704 7Section 1704. 62.13 (3) of the statutes is amended to read:
AB40-ASA1,648,118 62.13 (3) Chiefs. The board shall appoint the chief of police and the chief of the
9fire department or, if applicable, the chief of a combined protective services
10department
, who shall hold their offices during good behavior, subject to suspension
11or removal by the board for cause.
AB40-ASA1, s. 1705 12Section 1705. 62.13 (6) (a) 1. of the statutes is amended to read:
AB40-ASA1,648,1513 62.13 (6) (a) 1. To organize and supervise the fire and police, or combined
14protective services,
departments and to prescribe rules and regulations for their
15control and management.
AB40-ASA1, s. 1706 16Section 1706. 62.13 (6) (a) 2. of the statutes is amended to read:
AB40-ASA1,648,2017 62.13 (6) (a) 2. To contract for and purchase all necessary apparatus and
18supplies for the use of the departments under their supervision, exclusive of the
19erection and control of the police and station, fire station, and combined protective
20services station
buildings.
AB40-ASA1, s. 1707 21Section 1707. 62.13 (6) (a) 3. of the statutes is amended to read:
Loading...
Loading...