AB150: Bill Text

AB150,2085,8 254.37 (1) Notification of violation and order of abatement. Whenever the department or the department of industry, labor and human relations development finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, it shall notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.

AB150, s. 6337 Section 6337. 254.37 (2) of the statutes is amended to read:

AB150,2085,20 254.37 (2) Orders. The department or the department of industry, labor and human relations development shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of industry, labor and human relations development finds that a condition exists which constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of industry, labor and human relations development may summarily cause the abatement of the violation.

AB150, s. 6338 Section 6338. 254.37 (3) of the statutes is amended to read:

AB150,2086,6 254.37 (3) Rules. The department shall enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of industry, labor and human relations development shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of industry, labor and human relations development and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation. The department and the department of industry, labor and human relations development are directed to consult with the radiation protection council in case of jurisdictional problems.

AB150, s. 6339 Section 6339. 254.38 of the statutes is amended to read:

AB150,2086,13 254.38 Impounding materials. The department or department of industry, labor and human relations development may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of industry, labor and human relations development.

AB150, s. 6340 Section 6340. 254.45 of the statutes is amended to read:

AB150,2086,22 254.45 Penalties. Any person who violates any provision of this subchapter or any rule or order of the department, or of the department of industry, labor and human relations development, issued under this subchapter shall forfeit not less than $10 nor more than $500. Each day of continued violation after notice of the fact that a violation is being committed shall be considered a separate offense. If the injury or death of an employe is caused by a failure of an employer to observe or enforce any rule issued under this subchapter, compensation and death benefits shall be increased by 15% as provided in s. 102.57.

AB150, s. 6341 Section 6341. 254.51 (2) of the statutes is amended to read:

AB150,2087,3 254.51 (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of industry, labor and human relations development and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.

AB150, s. 6342 Section 6342. 254.56 of the statutes is amended to read:

AB150,2087,7 254.56 Public places. The owner and occupant and everyone in charge of a public building, as defined in s. 101.01 (2) (g) (12), shall keep the building clean and sanitary.

AB150, s. 6343 Section 6343. 254.73 (1) of the statutes is amended to read:

AB150,2087,14 254.73 (1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of industry, labor and human relations development, to warn all guests and employes in time to permit their evacuation in case of fire.

AB150, s. 6344 Section 6344. 254.78 of the statutes is amended to read:

AB150,2087,20 254.78 (title) Authority of department of industry, labor and human relations development. Nothing in this chapter shall affect the authority of the department of industry, labor and human relations development relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

AB150, s. 6345 Section 6345. 254.79 of the statutes is amended to read:

AB150,2087,24 254.79 Joint employment. The department and the department of industry, labor and human relations development may employ experts, inspectors or other assistants jointly.

AB150, s. 6346 Section 6346. 255.05 (1) (a) of the statutes is amended to read:

AB150,2088,5 255.05 (1) (a) "Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076.

AB150, s. 6347 Section 6347. 255.06 (2) (intro.) of the statutes is amended to read:

AB150,2088,9 255.06 (2) Breast cancer screening program. (intro.) From the appropriation under s. 20.435 (1) (cc), the department shall administer a breast cancer screening program and shall, in each fiscal year, do all of the following:

AB150, s. 6348 Section 6348. 255.06 (2) (a) (intro.) of the statutes is amended to read:

AB150,2088,18 255.06 (2) (a) (intro.) Award not more than $422,600 as grants for provision of mammography breast cancer screening services to women who are aged 40 years or older and who reside in the 12 rural counties that the department specifies by rule as having the highest incidence in the state of late-stage breast cancer. Grants shall be awarded to an applying hospital or organization that has a mammography unit available for use in an area of service under this paragraph and that is selected by the department under procedures established by the department. Payment for services provided under a grant shall be as follows:

AB150, s. 6349 Section 6349. 255.06 (2) (c) of the statutes is amended to read:

AB150,2088,22 255.06 (2) (c) Distribute not more than $115,200 in each fiscal year as a grant to the city of Milwaukee public health department for the performance of breast cancer screening activities with the use of a mobile mammography van.

AB150, s. 6350 Section 6350. 255.06 (3) of the statutes is repealed.

AB150, s. 6351 Section 6351. 255.30 (4) of the statutes is amended to read:

AB150,2089,4 255.30 (4) The state superintendent department of public instruction education shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this section.

AB150, s. 6352 Section 6352. 301.001 of the statutes is amended to read:

AB150,2089,12 301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on its their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.

AB150, s. 6353 Section 6353. 301.01 (4) of the statutes is amended to read:

AB150,2089,16 301.01 (4) "State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 48.02 (15m), operated by the department.

AB150, s. 6354 Section 6354. 301.027 of the statutes is created to read:

AB150,2089,20 301.027 Treatment program at one or more juvenile correctional institutions. The department shall maintain a cottage-based intensive alcohol and other drug abuse program at one or more juvenile correctional institutions.

AB150, s. 6355 Section 6355. 301.03 (2) of the statutes is amended to read:

AB150,2089,24 301.03 (2) Supervise the custody and discipline of all prisoners and the maintenance of state correctional institutions and the prison industries therein under s. 303.01.

AB150, s. 6356 Section 6356. 301.03 (9m) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,2090,4 301.03 (9m) Supervise all persons placed in the youthful serious juvenile offender program under s. 48.537

AB150, s. 6357 Section 6357. 301.04 of the statutes is repealed.

AB150, s. 6358 Section 6358. 301.048 (9) of the statutes is repealed.

AB150, s. 6359 Section 6359. 301.08 (1) (c) of the statutes is created to read:

AB150,2090,8 301.08 (1) (c) 1. In this paragraph:

AB150,2090,13 a. "Administrative supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 6 months between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.

AB150,2090,18 b. "Minimum supervision" means the supervision of a probationer or parolee in which the department requires that a minimum of one face-to-face contact occur every 90 days between the probationer or parolee and a representative of the department and that the probationer or parolee submit a monthly report to the department.

AB150,2090,25 2. The department may contract with public, private or voluntary vendors for the supervision of probationers and parolees who are under minimum supervision or administrative supervision. The contract shall authorize any such vendor to charge a fee to probationers and parolees sufficient to cover the cost of supervision and administration of the contract. The department shall promulgate rules for fees, collections, reporting and verification regarding probationers and parolees supervised by the vendor.

AB150, s. 6360 Section 6360. 301.08 (2) (a) of the statutes is amended to read:

AB150,2091,8 301.08 (2) (a) All care and services purchased by the department shall be authorized and contracted for under the standards established under this subsection. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes required to be licensed under s. 48.62. If the department directly contracts for services, it shall follow the procedures in this subsection in addition to meeting purchasing requirements established in s. 16.75.

AB150, s. 6361 Section 6361. 301.12 of the statutes is created to read:

AB150,2091,16 301.12 Uniform fee schedule; collections. The department of corrections shall establish fees for juvenile correctional services provided by that department which shall be included in the uniform system of fees established by the department of health and social services under s. 46.03 (18). Collections and liability enforcement of fee chargeable services for the department of corrections shall be performed by the department of health and social services under ss. 46.03 (18), 46.10 and 48.36.

AB150, s. 6362 Section 6362. 301.135 (1) of the statutes is amended to read:

AB150,2091,21 301.135 (1) The department may contract with counties to provide electronic monitoring services relating to criminal offenders and to children who are placed on electronic monitoring under s. 48.21 (4m), 48.34 (3g) or 48.355 (6) (d) 3. The department shall charge a fee to counties for providing these services.

AB150, s. 6363 Section 6363. 301.135 (3m) of the statutes is repealed.

AB150, s. 6364 Section 6364. 301.32 (title) and (1) of the statutes are amended to read:

AB150,2092,15 301.32 (title) Property of prisoners, residents and probationers. (1) Property delivered to steward; credit and debit. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a prisoner or resident shall be delivered to the steward, who shall enter the property upon his or her books to the credit of a the prisoner or resident. The property may be used only under the direction and with the approval of the superintendent or warden and for the crime victim and witness assistance surcharge under s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under s. 973.046 or the benefit of the prisoner or resident. If the money remains uncalled for for one year after the prisoner's or resident's death or departure from the institution, the superintendent shall deposit it in the general fund. If any prisoner or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property and deposit the proceeds in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (bm).

AB150, s. 6365 Section 6365. 301.36 (5) of the statutes is amended to read:

AB150,2092,24 301.36 (5) Enforcement by attorney general and district attorneys. Upon request of the department, the attorney general or the district attorney serving the proper county shall aid in any investigation, inspection, hearing or trial had under this chapter or those sections of ch. 48 relating to powers of the department, and shall institute and prosecute all necessary actions or proceedings for the enforcement of those provisions and for the punishment of violations of those provisions. The attorney general or district attorney so requested shall report or confer with the department regarding the request, within 30 days after receipt of the request.

AB150, s. 6366 Section 6366. 302.18 (7) of the statutes is amended to read:

AB150,2093,7 302.18 (7) Except as provided in s. 973.013 (3m), the department of corrections shall keep all prisoners under 16 years of age in secured juvenile correctional facilities, but the department of corrections or the department of health and social services, with the concurrence of the department of corrections, whichever has legal custody or supervision over a prisoner, may transfer them to a prisoner to an adult correctional institutions after they attain institution after the prisoner attains 16 years of age.

AB150, s. 6367 Section 6367. 302.31 of the statutes, as affected by 1993 Wisconsin Act 385, is amended to read:

AB150,2093,24 302.31 Use of jails. The county jail may be used for the detention of persons charged with crime and committed for trial; for the detention of persons committed to secure their attendance as witnesses; to imprison persons committed pursuant to a sentence or held in custody by the sheriff for any cause authorized by law; for the detention of persons sentenced to imprisonment in state penal institutions or a county house of correction, until they are removed to those institutions; for the detention of persons participating in the intensive sanctions program; for the temporary detention of persons in the custody of the department; and for other detentions authorized by law. The county jail may be used for the temporary placement of persons in the custody of the department, and persons who have attained the age of 18 17 years but have not attained the age of 25 years who are under the supervision of the department of health and social services under s. 48.355 (4) or 48.366 and who have been taken into custody pending revocation of aftercare supervision under s. 48.357 (5) (e) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) (e).

AB150, s. 6368 Section 6368. 302.33 (2) (a) 4. of the statutes is amended to read:

AB150,2094,7 302.33 (2) (a) 4. In addition to the payments under subd. 3., the department shall pay $500,000 from the appropriation under s. 20.410 (1) (bn) in each fiscal year to any county that had 12,000 18,000 or more reimbursable days under subd. 3. in the prior fiscal year. The payment under this subdivision is not subject to the proration requirement under subd. 3. A county that receives the payment under this subdivision in a fiscal year remains eligible for payment under subd. 3. in that fiscal year.

AB150, s. 6369 Section 6369. 302.38 (3) of the statutes is amended to read:

AB150,2094,16 302.38 (3) The maximum amount that a governmental unit may pay for the costs of medical or hospital care under this section is limited for that care to the amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468, for care for which a medical assistance rate exists. No provider of medical or hospital care may bill a prisoner under sub. (1) for the cost of care exceeding the amount paid under this subsection by the governmental unit. If no medical assistance rate exists for the care provided, there is no limitation under this subsection.

AB150, s. 6370 Section 6370. 302.386 (3) of the statutes is renumbered 302.386 (3) (a) and amended to read:

AB150,2094,25 302.386 (3) (a) The Except as provided in par. (b), the department may require a resident housed in a prison identified in s. 302.01 or in a secured correctional facility as defined in s. 48.02 (15m) who earns wages during residency and who receives medical or dental services to pay a deductible, coinsurance, copayment or similar charge upon the medical or dental service that he or she receives. The department shall collect the allowable deductible, coinsurance, copayment or similar charge.

AB150,2095,5 (c) No provider of services may deny care or services because the resident is unable to pay the applicable deductible, coinsurance, copayment or similar charge, but an inability to pay these charges does not relieve the resident of liability for the charges unless the department excepts or waives the liability under criteria that the department shall establish by rule.

AB150, s. 6371 Section 6371. 302.386 (3) (b) of the statutes is created to read:

AB150,2095,11 302.386 (3) (b) If the resident under par. (a) requests the medical services or dental services, the department shall require the resident to pay the deductible, coinsurance, copayment or similar charge. The department may not charge the person less than $2.50 for each request. The requirements under this paragraph are subject to the exception and waiver provisions under par. (c).

AB150, s. 6372 Section 6372. 302.386 (4) (a) of the statutes is amended to read:

AB150,2095,15 302.386 (4) (a) The specific medical or dental services on which a deductible, coinsurance, copayment or similar charge may be imposed under sub. (3) (a) or must be imposed under sub. (3) (b).

AB150, s. 6373 Section 6373. 302.386 (4) (b) of the statutes is amended to read:

AB150,2095,19 302.386 (4) (b) The amounts of deductibles, coinsurances, copayments or similar charges that may be imposed on for the medical or dental services under par. (a).

AB150, s. 6374 Section 6374. 302.425 (1) of the statutes is renumbered 302.425 (1) (intro.) and amended to read:

AB150,2095,22 302.425 (1) Definition. (intro.) In this section, "jail":

AB150,2095,23 (b) "Jail" includes a house of correction and a Huber facility under s. 303.09.

AB150, s. 6375 Section 6375. 302.425 (1) (a) of the statutes is created to read:

AB150,2095,25 302.425 (1) (a) "County department" has the meaning given in s. 48.02 (2g).

AB150, s. 6376 Section 6376. 302.425 (2g) of the statutes is created to read:

AB150,2096,5 302.425 (2g) County departments and department of health and social services; general authority. Subject to the limitations under sub. (3m), a county department or the department of health and social services may place in the home detention program any child who is in its custody or under its supervision.

AB150, s. 6377 Section 6377. 302.425 (2m) of the statutes is amended to read:

AB150,2096,9 302.425 (2m) Intensive sanctions program participants. Notwithstanding the agreement requirements under sub. (3), the department of corrections may place any intensive sanctions program participant in a home detention program.

AB150, s. 6378 Section 6378. 302.425 (3) of the statutes is amended to read:

AB150,2096,20 302.425 (3) (title) Placement of a prisoner in the program. If a prisoner described under sub. (2) and the department of corrections agree, the sheriff may place the prisoner in the home detention program and provide that the prisoner be detained at the prisoner's place of residence or other place designated by the sheriff and be monitored by an active electronic monitoring system. The sheriff shall establish reasonable terms of detention and ensure that the prisoner is provided a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the prisoner pay the county a daily fee to cover the county costs associated with monitoring him or her.

AB150, s. 6379 Section 6379. 302.425 (3m) of the statutes is created to read:

AB150,2097,8 302.425 (3m) Placement of a child in the program. Upon the agreement of the department of corrections, the county department or the department of health and social services may place the child in the home detention program and provide that the child be detained at the child's place of residence or other place designated by the county department or the department of health and social services and be monitored by an active electronic monitoring system. The county department or the department of health and social services shall provide reasonable terms of detention and ensure that the child receives a written statement of those terms, including a description of the detention monitoring procedures and requirements and of any applicable liability issues. The terms may include a requirement that the child or his or her parent or guardian pay the county or state a daily fee to cover the costs associated with monitoring him or her.

AB150, s. 6380 Section 6380. 302.425 (4) of the statutes is amended to read: