Amendment SSA1-SB21

SB21-SSA1,579,16 50.14 (2d) To the extent approved by the federal department of health and human services, the requirements under this section do not apply to a county government-owned institution for mental diseases or a facility that is state licensed but not certified to participate in the Medicaid or Medicare programs.

SB21-SSA1,1879 Section 1879. 50.92 (3m) of the statutes is created to read:

SB21-SSA1,579,21 50.92 (3m) The department may conduct plan reviews of all capital construction and remodeling of structures that are owned or leased for operation of a hospice. The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under this subsection.

SB21-SSA1,1881 Section 1881. 51.15 (2) of the statutes is amended to read:

SB21-SSA1,580,15 51.15 (2) Facilities for detention. The law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall transport the individual, or cause him or her to be transported, for detention, if the county department of community programs in the county in which the individual was taken into custody approves the need for detention, and for evaluation, diagnosis, and treatment if permitted under sub. (8). The county department may approve the detention only if a physician who has completed a residency in psychiatry, a psychologist licensed under ch. 455, or a mental health professional, as determined by the department, has performed a crisis assessment on the individual and agrees with the need for detention and the county department reasonably believes the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and remove the substantial probability of physical harm, impairment, or injury to himself, herself, or others. For purposes of this subsection, a crisis assessment may be conducted in person, by telephone, or by telemedicine or video conferencing technology. Detention may only be in a treatment facility approved by the department or the county department, if the facility agrees to detain the individual, or a state treatment facility.

SB21-SSA1,1883k Section 1883k. 51.15 (4m) (e) of the statutes is amended to read:

SB21-SSA1,580,18 51.15 (4m) (e) Termination of pilot program. Paragraphs (a) to (d) do not apply after May 1, 2016 July 1, 2017.

SB21-SSA1,1888 Section 1888. 51.22 (3) of the statutes is amended to read:

SB21-SSA1,581,7 51.22 (3) Whenever an admission is made through the department, the department shall determine the need for inpatient care of the individual to be admitted. Unless a state-operated facility is used, the department may only authorize care in an inpatient facility which is operated by or under a purchase of service contract with a county department under s. 51.42 or 51.437 or an inpatient facility which is under a contractual agreement with the department. Except in the case of state treatment facilities, the department shall reimburse the facility for the actual cost of all authorized care and services from the appropriation under s. 20.435 (7) (5) (da). For collections made under the authority of s. 46.10 (16), moneys shall be credited or remitted to the department no later than 60 days after the month in which collections are made. Such collections are also subject to s. 46.036 or special agreement. Collections made by the department under ss. 46.03 (18) and 46.10 shall be deposited in the general fund.

SB21-SSA1,1892 Section 1892. 51.42 (1) (b) of the statutes is amended to read:

SB21-SSA1,582,15 51.42 (1) (b) County liability. The county board of supervisors except in Milwaukee County, has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. In Milwaukee County, the Milwaukee County mental health board has the primary responsibility for the well-being, treatment and care of the mentally ill, alcoholic, and other drug dependent citizens residing within Milwaukee County and for ensuring that those individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. The county board of supervisors of Milwaukee County has the primary responsibility for the well-being, treatment, and care of the developmentally disabled citizens residing within Milwaukee County, except where the responsibility is delegated explicitly under this section to the Milwaukee County mental health board, and for ensuring that developmentally disabled individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors, or, as applicable, the Milwaukee County mental health board, is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or (12), 55.13, or 55.135 for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health services for the actual cost of all care and services from the appropriation under s. 20.435 (7) (5) (da), as provided in s. 51.22 (3).

SB21-SSA1,1897 Section 1897. 51.42 (5) (a) 13. of the statutes is repealed.

SB21-SSA1,1898 Section 1898. 51.42 (6m) (o) of the statutes is repealed.

SB21-SSA1,1899 Section 1899. 51.421 (3) (e) of the statutes is repealed.

SB21-SSA1,1900 Section 1900. 51.423 (3) of the statutes is repealed.

SB21-SSA1,1905 Section 1905. 54.15 (8) (a) 3. of the statutes is amended to read:

SB21-SSA1,582,23 54.15 (8) (a) 3. Any license, certificate, permit, or registration of the proposed guardian that is required under chs. 89, 202, or 440 to 480 or by the laws of another state for the practice of a profession or occupation has been suspended or revoked.

SB21-SSA1,1905m Section 1905m. 54.25 (2) (c) 1. d. of the statutes is amended to read:

SB21-SSA1,583,8 54.25 (2) (c) 1. d. The right to apply for an operator's license, a license issued under ch. 29, a license, certification, or permit issued under s. 89.06 or 89.072, or a credential, as defined in s. 440.01 (2) (a), if the court finds that the individual is incapable of understanding the nature and risks of the licensed or credentialed activity, to the extent that engaging in the activity would pose a substantial risk of physical harm to the individual or others. A failure to find that an individual is incapable of applying for a license or credential is not a finding that the individual qualifies for the license or credential under applicable laws and rules.

SB21-SSA1,1906b Section 1906b. 55.043 (4) (b) 5. of the statutes is amended to read:

SB21-SSA1,583,15 55.043 (4) (b) 5. Refer the case to the department of safety and professional services or the department of trade, agriculture and consumer protection, as appropriate, if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460 or to hold a license, certification, or permit issued under s. 89.06 or 89.072.

SB21-SSA1,1907m Section 1907m. 59.17 (2) (b) 3. of the statutes is renumbered 59.17 (2) (b) 3. (intro.) and amended to read:

SB21-SSA1,584,9 59.17 (2) (b) 3. (intro.) Exercise the authority under s. 59.52 (6) (a) that would otherwise be exercised by a county board, except that the county board may continue to exercise the authority under s. 59.52 (6) with regard to land that is zoned as a park on or after the effective date of this subdivision .... [LRB inserts date], other than land zoned as a park in the city of Milwaukee that is located within the area west of Lincoln Memorial Drive, south of E. Mason Street, east of N. Van Buren Street, and north of E. Clybourn Avenue. With regard to the sale or, acquisition, or lease as landlord or tenant of property, other than certain park land as described in this subdivision, the county executive's action must need not be consistent with established county board policy and must be approved by may take effect without submission to or approval by the county board to take effect. The county board may only approve or reject the contract as negotiated by the county executive.. The proceeds of the sale of property as authorized under this subdivision shall first be applied to any debt attached to the property. Before the county executive's sale of county land may take effect, a majority of the following must sign a document, a copy of which will be attached to the bill of sale and a copy of which will be retained by the county, certifying that they believe the sale is in the best interests of the county:

SB21-SSA1,1907n Section 1907n. 59.17 (2) (b) 3. a. to c. of the statutes are created to read:

SB21-SSA1,584,11 59.17 (2) (b) 3. a. The county executive or his or her designee.

SB21-SSA1,584,12 b. The county comptroller or his or her designee.

SB21-SSA1,584,17 c. An individual who is a resident of the city, village, or town where the property is located, who shall be appointed, at least biennially, by the executive council, as defined in s. 59.794 (1) (d). The individual appointed under this subd. 3. c. may not be an elective official, and he or she must have demonstrable experience in real estate law or real estate sales or development.

SB21-SSA1,1907p Section 1907p. 59.17 (2) (b) 7. of the statutes is created to read:

SB21-SSA1,584,23 59.17 (2) (b) 7. Together with the commissioner of the opportunity schools and partnership program under subch. II of ch. 119, solicit private gifts and grants for use by the commissioner to further the purposes of the opportunity schools and partnership program under subch. II of ch. 119 and without oversight or approval of the county board.

SB21-SSA1,1907r Section 1907r. 59.17 (2) (d) of the statutes is created to read:

SB21-SSA1,585,3 59.17 (2) (d) In any county with a population of 750,000 or more, the county executive shall have sole authority over the following adminstrative actions, which may take effect without any review or approval of the board:

SB21-SSA1,585,5 1. Procurement, including requests for proposals or information, negotiation, approval, amendment, execution, administration, and payment.

SB21-SSA1,585,7 2. Contracting, including negotiation, requests for proposals or information, approval, amendment, execution, administration, and payment.

SB21-SSA1,585,10 3. Adminstrative review of appeals of the denial in whole or in part of a contract award, an initial permit, license, right, privilege, or authority, except an alcohol beverage license, for which a person applies through the county.

SB21-SSA1,585,16 4. Actions taken under the administrative manual of operating procedures related to the authority and powers granted to a county executive under the statutes and under county ordinances. If an action taken by the county board conflicts with an action taken by a county executive under this subdivision, the county executive's action shall prevail over the county board's action to the extent that the county executive's action and the county board's action conflict.

SB21-SSA1,1908 Section 1908. 59.25 (3) (gm) of the statutes is created to read:

SB21-SSA1,585,20 59.25 (3) (gm) Deposit all moneys received under s. 973.0455 (2) into a crime prevention fund and, on order of the crime board under s. 59.54 (28) (d), make grant payments as the crime board directs.

SB21-SSA1,1909 Section 1909. 59.26 (8) (a) of the statutes is amended to read:

SB21-SSA1,587,2 59.26 (8) (a) In any county with a population of less than 500,000, the board, by ordinance, may fix the number of deputy sheriffs to be appointed in that county at not less than that number required by sub. (1) (a) and (b) and may set the salary of those deputies. Subject to sub. (10), the board may provide by ordinance that deputy sheriff positions be filled by appointment by the sheriff from a list of all persons with the 3 highest scores for each position based on a competitive examination. Such competitive examinations may be by a county civil service commission or by the division bureau of merit recruitment and selection in the office of state employment relations department of administration at the option of the board and it shall so provide by ordinance. The division bureau of merit recruitment and selection in the office of state employment relations shall, upon request of the board, conduct such examination according to the methods used in examinations for the state civil service and shall certify an eligible list of the names of all persons with the 3 highest scores on that examination for each position to the sheriff of that county who shall, subject to sub. (10), make an appointment from that list to fill the position within 10 days after he or she receives the eligible list. The county for which such examination is conducted shall pay the cost of that examination. If a civil service commission is decided upon for the selection of deputy sheriffs, then ss. 63.01 to 63.17 shall apply so far as consistent with this subsection, except ss. 63.03, 63.04 and 63.15 and except the provision governing minimum compensation of the commissioners. The ordinance or an amending ordinance may provide for employee grievance procedures and disciplinary actions, for hours of work, for tours of duty according to seniority and for other administrative regulations. Any board provision consistent with this paragraph and existing on July 25, 1951, is validated. If the sheriff fills a deputy sheriff position by promotion, the sheriff shall, subject to sub. (10), make the appointment to the position from a list of 3 deputy sheriffs who receive the highest scores in a competitive examination. Such competitive examinations may be by a county civil service commission or by the division bureau of merit recruitment and selection in the office of state employment relations at the option of the board and it shall so provide by ordinance.

SB21-SSA1,1909s Section 1909s. 59.365 of the statutes is created to read:

SB21-SSA1,587,7 59.365 Moratorium on fee increases. (1) From the effective date of this subsection .... [LRB inserts date], to April 17, 2017, the board may not charge a funeral home, cemetery, or crematorium an amount that exceeds the amount that was in effect on April 17, 2015, for any of the following fees:

SB21-SSA1,587,8 (a) Fees for services rendered by a coroner.

SB21-SSA1,587,10 (b) Fees assessed for the signing of a death certificate by a coroner or medical examiner.

SB21-SSA1,587,11 (c) Fees assessed related to transportation services.

SB21-SSA1,587,16 (2) If on or after April 18, 2017, the board increases the amount of any of the fees specified in sub. (1) (a) to (c), any such increase may not exceed the annual percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on December 31 of the year before the increase.

SB21-SSA1,1910 Section 1910. 59.40 (2) (n) of the statutes is amended to read:

SB21-SSA1,587,20 59.40 (2) (n) Pay monthly to the treasurer the amounts required by s. 302.46 (1) for the jail assessment surcharge and the amounts required by s. 973.0455 (2). The payments shall be made by the 15th day of the month following receipt thereof.

SB21-SSA1,1911d Section 1911d. 59.40 (4) of the statutes is amended to read:

SB21-SSA1,588,7 59.40 (4) Clerk of circuit court; debt collector contract. If authorized by the board under s. 59.52 (28), the clerk of circuit court may contract with a debt collector, as defined in s. 427.103 (3), or enter into an agreement with the department of revenue under s. 71.93 (8) for the collection of unpaid fines and forfeitures debt. Any contract entered into with a debt collector shall provide that the debt collector shall be paid from the proceeds recovered by the debt collector. Any contract entered into with the department shall provide that the department shall charge a collection fee, as provided under s. 71.93 (8) (b) 1. The net proceeds received by the clerk of circuit court after the payment to the debt collector shall be considered the amount of fines and forfeitures debt collected for purposes of distribution to the state and county under sub. (2) (m).

SB21-SSA1,1912r Section 1912r. 59.51 (3) of the statutes is created to read:

SB21-SSA1,588,12 59.51 (3) Populous counties, limitations on powers. The board of any county with a population of 750,000 or more may not enact an ordinance or adopt a resolution or policy that conflicts or interferes, in form or function, with the statutory authority of a county executive.

SB21-SSA1,1912t Section 1912t. 59.52 (6) (intro.) of the statutes is amended to read:

SB21-SSA1,588,15 59.52 (6) Property. (intro.) The Except as provided in s. 59.17 (2) (b) 3., the board may:

SB21-SSA1,1912tc Section 1912tc. 59.52 (6) (a) of the statutes is amended to read:

SB21-SSA1,589,2 59.52 (6) (a) How acquired; purposes. Except as provided in s. 59.17 (2) (b) 3., take Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d).

SB21-SSA1,1912v Section 1912v. 59.52 (11) (c) of the statutes is amended to read:

SB21-SSA1,589,13 59.52 (11) (c) Employee insurance. Provide for individual or group hospital, surgical, and life insurance for county officers and employees and for payment of premiums for county officers and employees. A county with at least 100 employees may elect to provide health care benefits on a self-insured basis to its officers and employees. A county and one or more cities, villages, towns, other counties, or county housing authorities, or school districts that together have at least 100 employees may jointly provide health care benefits to their officers and employees on a self-insured basis. Counties that elect to provide health care benefits on a self-insured basis to their officers and employees shall be subject to the requirements set forth under s. 120.13 (2) (c) to (e) and (g).

SB21-SSA1,1914d Section 1914d. 59.52 (28) of the statutes is amended to read:

SB21-SSA1,589,19 59.52 (28) Collection of court imposed penalties. The board may adopt a resolution authorizing the clerk of circuit court, under s. 59.40 (4), to contract with a debt collector, as defined in s. 427.103 (3), or enter into an agreement with the department of revenue under s. 71.93 (8) for the collection of unpaid fines and forfeitures debt.

SB21-SSA1,1914e Section 1914e. 59.52 (31) (b) of the statutes is repealed.

SB21-SSA1,1914f Section 1914f. 59.52 (31) (c) of the statutes is repealed.

SB21-SSA1,1914g Section 1914g. 59.52 (31) (d) of the statutes is amended to read:

SB21-SSA1,590,2 59.52 (31) (d) With regard to any contract to which a county is a party and which is subject to review by the board or by a committee of the board under this subsection, the board's finance committee is the only committee which has jurisdiction over the contract, the board shall have no role in the review of the contract and the contract may take effect without approval by the board.

SB21-SSA1,1915 Section 1915. 59.54 (28) of the statutes is created to read:

SB21-SSA1,590,4 59.54 (28) Crime prevention funding board. (a) In this subsection:

SB21-SSA1,590,7 1. "Chief elected official" means the mayor of a city or, if the city is organized under subch. I of ch. 64, the president of the council of that city, the village president of a village, or the town board chairperson of a town.

SB21-SSA1,590,9 2. "Crime board" means a crime prevention funding board that is created under this subsection.

SB21-SSA1,590,10 3. "Municipality" means a city, village, or town.

SB21-SSA1,590,17 (b) A county may create a crime board. In a county that creates a crime board, the treasurer shall receive moneys and deposit them as described in s. 59.25 (3) (gm). The funds in such an account may be distributed upon the direction of the crime board under par. (d). The crime board shall meet, and its members may receive no compensation, other than reimbursement for actual and reasonable expenses incurred in the performance of their duties. Members shall serve for the terms that are determined by the crime board.

SB21-SSA1,590,18 (c) A county crime board shall consist of the following members:

SB21-SSA1,590,19 1. The presiding judge of the circuit court, or his or her designee

SB21-SSA1,590,20 2. The district attorney, or his or her designee.

SB21-SSA1,590,21 3. The sheriff, or his or her designee.

SB21-SSA1,590,22 4. One of the following county officials, or his or her designee:

SB21-SSA1,590,23 a. The county executive.

SB21-SSA1,590,24 b. If the county does not have a county executive, the county administrator.

SB21-SSA1,591,2 c. The chairperson of the county board of supervisors, or his or her designee, if the county does not have a county executive or a county administrator.

SB21-SSA1,591,4 5. The chief elected official of the largest municipality in the county, as determined by population, or his or her designee.

SB21-SSA1,591,6 6. A person chosen by a majority vote of the sheriff and all of the chiefs of police departments that are located wholly or partly within the county.

SB21-SSA1,591,7 7. A person chosen by the county's public defender's office.

SB21-SSA1,591,12 (d) 1. The crime board may solicit applications for grants in a format determined by the crime board, and may vote to direct the treasurer to distribute grants to applicants from moneys in the crime prevention fund under s. 59.25 (3) (gm). The crime board may direct the treasurer to distribute grants to any of the following entities, in amounts determined by the crime board:

SB21-SSA1,591,16 a. One or more private nonprofit organizations within the county that has as its primary purpose preventing crime, providing a funding source for crime prevention programs, encouraging the public to report crime, or assisting law enforcement agencies in the apprehension of criminal offenders.

SB21-SSA1,591,19 b. A law enforcement agency within the county that has a crime prevention fund, if the contribution is credited to the crime prevention fund and is used for crime prevention purposes.

SB21-SSA1,591,23 2. Not less than 50 percent of the payments made under subd. 1. shall be made to one or more organizations described in subd. 1. a., except that if no organization described in subd. 1. a. exists within the county, all of the payments may be made to a law enforcement agency under subd. 1. b.

SB21-SSA1,592,3 (e) Annually, the crime board shall submit a report on its activities to the clerk of court for the county that distributed the funds, to the county board, and to the legislative bodies of each municipality that is located wholly or partly within the county. The report shall contain at least all of the following information for the year to which the report relates:

SB21-SSA1,592,5 1. The name and address of each entity that received a grant, including contact information for the leadership of the entity.

SB21-SSA1,592,8 2. A full accounting of all funds disbursed by the treasurer at the direction of the crime board, including the amount of the funds disbursed, the dates of disbursal, and the purposes for which the grant was made.

SB21-SSA1,592,12 (f) Annually, each recipient of a grant awarded under this subsection shall submit a report on its activities to all of the entities specified in par. (e). The report shall contain at least all of the following information for the year to which the report relates:

SB21-SSA1,592,13 1. The name and address of the entity.