AB573: Bill Text

Note: Deletes obsolete cross-reference. Section 46.45 (2) (a) was renumbered s. 48.565 (2) (a) by 2007 Wis. Act 20 so as to place responsibility for the distribution of unspent children and family aids under the Department of Children and Families. As such, funds distributed under s. 48.565 (2) would not be included in a county's community aids budget submitted to the Department of Health Services under s. 46.40 (14m).

AB573, s. 57 Section 57. 48.299 (6) (b) of the statutes is amended to read:

AB573,21,9 48.299 (6) (b) The state or the attorney responsible for support enforcement who receives a referral under par. (a) shall perform the duties specified under s. 767.45 767.80 (5) (c) and (6r).

Note: Section 767.45 was renumbered s. 767.80 by 2005 Wis. Act 443.

AB573, s. 58 Section 58. 48.47 (7g) of the statutes, as affected by 2007 Wisconsin Act 20, section 809, and 2007 Wisconsin Act 96, section 30, is amended to read:

AB573,22,5 48.47 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 46, 51, 55, or 938, or 42 USC 670 to 679b.

Note: Deletes unnecessary word.

AB573, s. 59 Section 59. 48.48 (17) (c) 4. of the statutes is amended to read:

AB573,22,9 48.48 (17) (c) 4. Is living in a foster home, treatment foster home, group home,, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

Note: Deletes unnecessary comma inserted by 2005 Wis. Act 25. The change was printed in 2007-08 Statutes.

AB573, s. 60 Section 60. 48.57 (3) (a) 4. of the statutes is amended to read:

AB573,22,13 48.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home,, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

Note: Deletes unnecessary comma inserted by 2005 Wis. Act 25. The change was printed in the 2007-08 Statutes.

AB573, s. 61 Section 61. 48.67 (3) of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB573,22,20 48.67 (3) (a) That all day care center licensees, and all employees of a day care center, who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

AB573,23,5 (b) That all staff members of a group home who provide care for the residents of the group home have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

AB573,23,12 (c) That all staff members of a shelter care facility who provide care and supervision for children have current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction and that all shelter care facilities have readily available on the premises of the shelter care facility a staff member or other person who has that proficiency.

AB573,23,19 (d) That all child welfare agencies that operate a residential care center for children and youth have in each building housing residents of the residential care center for children and youth when those residents are present at least one staff member who has current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by 2007 Wis. Act 130.

AB573, s. 62 Section 62. 49.45 (3) (m) 2. of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB573,24,5 49.45 (3) (m) 2. A person who is certified to provide transportation by specialized medical vehicle under sub. (2) (a) 11. shall ensure that every person who drives or serves as an attendant to passengers on a specialized medical vehicle, before driving or serving as an attendant, has current proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by 2007 Wis. Act 130.

AB573, s. 63 Section 63. 49.45 (6m) (i) 1. of the statutes is amended to read:

AB573,24,10 49.45 (6m) (i) 1. On or after October 1, 1981, medical assistance payment for inpatient nursing care may only be provided for persons receiving skilled, intermediate, or limited levels of nursing care as these levels are defined under s. HFS DHS 132.13, Wis. Adm. Code.

Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.

AB573, s. 64 Section 64. The treatment of 49.47 (4) (b) 1. of the statutes by 2007 Wisconsin Act 11 is not repealed by 2007 Wisconsin Act 20. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 49.47 (4) (b) 1. reads:

1. Subject to par. (bc), a home and the land used and operated in connection therewith or in lieu thereof a manufactured home or mobile home, if the home, manufactured home, or mobile home is used as the person's or his or her family's place of abode.

AB573, s. 65 Section 65. 49.471 (8) (g) 1. of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB573,25,2 49.471 (8) (g) 1. The individual or pregnant woman was covered by a group health plan that was provided by a subscriber through his or her employer, and the subscriber's employment ended for a reason other than voluntary termination, unless the voluntary termination was a result of the incapacitation of the subscriber or because on of an immediate family member's health condition.

Note: Inserts correct word.

AB573, s. 66 Section 66. The treatment of 49.855 (3) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 49.855 (3) reads:

(3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

AB573, s. 67 Section 67. The treatment of 49.855 (4m) (b) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 49.855 (4m) (b) reads:

(b) The department of revenue may provide a certification that it receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

AB573, s. 68 Section 68. The treatment of 50.14 (4) of the statutes by 2007 Wisconsin Act 95 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 50.14 (4) reads:

(4) Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under s. 77.59 (7) in a fiscal year shall be deposited in the Medical Assistance trust fund.

AB573, s. 69 Section 69. 50.36 (5) of the statutes, as created by 2007 Wisconsin Act 104, is amended to read:

AB573,26,9 50.36 (5) Before providing emergency services in a hospital, medical and nursing personnel shall have proficiency in the use of an automated external defibrillator, as defined in s. 146.50 256.15 (1) (cr), achieved through instruction provided by an individual, organization, or institution of higher education that is approved under s. 46.03 (38) to provide such instruction.

Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15 (1) (cr) by 2007 Wis. Act 130.

AB573, s. 70 Section 70. 51.42 (3) (e) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,27,13 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 71 Section 71. 51.437 (4r) (b) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,28,7 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) , and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

Note: Reinserts terminology change made by 2007 Wis. Act 20. Act 20 changed "family care district" to "long-term care district" throughout the statutes. 2007 Wis. Act 45 repealed and recreated the provision without taking the change in terminology into account.

AB573, s. 72 Section 72. 51.437 (14r) (title), (a) (intro.), 1., 7. and (b) and (c) of the statutes are amended to read:

AB573,28,12 51.437 (14r) (title) Duties of the council on board for people with developmental disabilities. (a) (intro.) The council on board for people with developmental disabilities shall:

AB573,28,16 1. Designate appropriate state or local agencies for the administration of programs and fiscal resources made available to the council on board for people with developmental disabilities under federal legislation affecting the delivery of services to the developmentally disabled.

AB573,28,19 7. Notify the governor regarding membership requirements of the council board and if vacancies on the council board remain unfilled for a significant period of time.

AB573,28,21 (b) The council board may establish such reasonable procedures as are essential to the conduct of the affairs of the council board.

AB573,29,3 (c) The council on board for people with developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the council board and the public to the governor regarding council board membership.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 73 Section 73. 51.45 (13) (j) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB573,29,13 51.45 (13) (j) Upon the filing of a petition for recommitment under par. (h), the court shall fix a date for a recommitment hearing within 10 days and assure that the person sought to be recommitted is represented by counsel by referring the person to the state public defender, who shall appoint counsel for for the person without a determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating to notice and to access to records, names of witnesses, and summaries of their testimony shall apply to recommitment hearings under this paragraph. At the recommitment hearing, the court shall proceed as provided under pars. (f) and (g).

Note: Deletes unnecessary repeated word inserted by 2007 Wis. Act 20.

AB573, s. 74 Section 74. 51.62 (2) (a) 2. of the statutes is amended to read:

AB573,29,16 51.62 (2) (a) 2. The council on board for people with developmental disabilities and the council on mental health.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 75 Section 75. 51.62 (2) (b) 2. a. of the statutes is amended to read:

AB573,29,19 51.62 (2) (b) 2. a. The council on board for people with developmental disabilities and the council on mental health.

Note: 2007 Wis. Act 20, section 52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and amended the provision, changing the "council on developmental disabilities" attached to the department of health and family services to be the "board for people with developmental disabilities" attached to the department of administration.

AB573, s. 76 Section 76. 54.46 (5) (title) of the statutes, as affected by 2005 Wisconsin Act 387, section 360, is renumbered 54.46 (4) (title).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. 2005 Wis. Act 387 renumbered s. 880.13 (title) to s. 54.46 (5) (title), but renumbered the remainder of s. 880.13 to s. 54.46 (4).

AB573, s. 77 Section 77. 55.001 of the statutes, as affected by 2005 Wisconsin Acts 264 and 388, is amended to read:

AB573,30,19 55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder disorders, developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors 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, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.

Note: "Disorder" was inserted in the singular form by 2005 Wis. Act 264 and in the plural form by 2005 Wis. Act 388. The singular is used in all other statutes.

AB573, s. 78 Section 78. The treatment of 55.10 (4) (a) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 45. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau, effective 7-1-08, s. 55.10 (4) (a) reads:

(a) Counsel. The individual sought to be protected has the right to counsel whether or not the individual is present at the hearing on the petition. The court shall require representation by full legal counsel whenever the petition alleges that the individual is not competent to refuse psychotropic medication under s. 55.14, the individual sought to be protected requested such representation at least 72 hours before the hearing, the guardian ad litem or any other person states that the individual sought to be protected is opposed to the petition, or the court determines that the interests of justice require it. If the individual sought to be protected or any other person on his or her behalf requests but is unable to obtain legal counsel, the court shall refer the individual to the state public defender as provided under s. 55.105 for appointment of legal counsel. If the individual sought to be protected is represented by counsel appointed under s. 977.08 in a proceeding for the appointment of a guardian under ch. 54, the court shall order the counsel appointed under s. 977.08 to represent under this section the individual sought to be protected.

AB573, s. 79 Section 79. 55.135 (1) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,32,6 55.135 (1) If, from personal observation of, or a reliable report made by a person who identifies himself or herself to, a sheriff, police officer, fire fighter, guardian, if any, or authorized representative of a county department or an agency with which it contracts under s. 55.02 (2), it appears probable that an individual is so totally incapable of providing for his or her own care or custody as to create a substantial risk of serious physical harm to himself or herself or others as a result of developmental disability, degenerative brain disorder, serious and persistent mental illness, or other like incapacities if not immediately placed, the individual who personally made the observation or to whom the report is made may take into custody and transport the individual to an appropriate medical or protective placement facility. The person making emergency protective placement shall prepare a statement at the time of detention providing specific factual information concerning the person's observations or reports made to the person and the basis for emergency placement. The statement shall be filed with the director of the facility and with any petition under s. 55.075. At the time of emergency protective placement the individual shall be informed by the director of the facility or the director's designee, orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family and the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a minor or is indigent 55.105. The director or designee shall also provide the individual with a copy of the statement by the person making emergency protective placement.

Note: 2007 Wis. Act 45 repealed and recreated this provision without taking the treatment by Act 20 into account. The change made by 2007 Wis. Act 20 replaced the stricken language in the then existing s. 55.135 (1) with the cross-reference to s. 55.105, which was created by Act 20 to make specific provision for attorneys in ch. 55 actions. The cross-reference to s. 55.105 is reinserted.

AB573, s. 80 Section 80. 55.14 (7) of the statutes, as affected by 2007 Wisconsin Acts 20 and 45, is amended to read:

AB573,32,12 55.14 (7) Upon the filing of a petition under this section, the court shall appoint make a referral for appointment of legal counsel as required provided under s. 55.10 (4) (a) 55.105. A petition under this section shall be heard within 30 days after it is filed.

Note: 2007 Wis. Act 45 repealed and recreated this provision without taking the treatment by 2007 Wis. Act 20 into account. This provision reinserts the changes made by Act 20.

AB573, s. 81 Section 81. 55.19 (1m) (title) of the statutes is created to read:

AB573,32,14 55.19 (1m) (title) County agreement.

Note: Section 55.19 (1m) was repealed and recreated by 2007 Wis. Act 45 without a title. The previous title is restored. All other subsections of s. 55.19 have titles. The subject matter of s. 55.19 (1m) was unchanged. The title is printed in the 2007-08 Statutes.

AB573, s. 82 Section 82. 66.0137 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

AB573,33,4 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.885, 632.895 (9) to (17), 632.896, and 767.513 (4).

Note: The underscored comma was printed in the 2007-08 Statutes and is confirmed here.

AB573, s. 83 Section 83. The treatment of 66.0230 (1) (a) of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 43. Both treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference bureau s. 66.0230 (1) (a) reads:

66.0230 (1) (a) In addition to the method described in s. 66.0229 (1) and subject to subs. (2), (3), and (4) and to ss. 66.0301 (6) (d) and 66.0307 (7), all or part of a town may consolidate with a contiguous city or village by ordinance passed by a two-thirds vote of all of the members of each board or council and ratified by the electors at a referendum held in each municipality.

AB573, s. 84 Section 84. 66.0420 (2) (a) of the statutes, as created by 2007 Wisconsin Act 42, is amended to read: