AB708: Bill Text

LRB-3482/1

TJD:jld

2015 - 2016 LEGISLATURE

2015 Assembly BILL 708

January 13, 2016 - Introduced by Representatives Tittl, Billings, Brostoff, Kolste, Petryk, Rohrkaste, Sanfelippo, VanderMeer and Stuck, cosponsored by Senator Harris Dodd. Referred to Committee on Health.

AB708,1,2 An Act to amend 46.03 (22) (a) and 46.48 (31); and to create 46.482 of the statutes; relating to: zoning for peer-run respite centers.

Analysis by the Legislative Reference Bureau

This bill creates a zoning exemption for peer-run respite centers. Under current law, certain community living arrangements for adults obtain special zoning permission. The bill includes peer-run respite centers as a community living arrangement for adults for zoning exemption purposes. For purposes of a zoning exemption, the peer-run respite center must do one of the following: 1) meet certain criteria as specified in the bill; 2) submit a letter of verification from the Department of Health Services (DHS) that the peer-run respite center meets the specified criteria; or 3) provide the zoning authority with documentation that the peer-run respite center receives a grant from DHS.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB708,1 Section 1. 46.03 (22) (a) of the statutes is amended to read:

AB708,2,3 46.03 (22) (a) In this subsection, "community living arrangement for adults" means a community-based residential facility, as defined in s. 50.01 (1g), or a peer-run respite center described under s. 46.482 (2).

AB708,2 Section 2. 46.48 (31) of the statutes is amended to read:

AB708,2,11 46.48 (31) Peer run Peer-run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer run peer-run respite centers for individuals with mental health and substance abuse concerns. The department shall create and distribute to peer-run respite centers that receive a grant under this subsection documentation of proof for purposes of obtaining a zoning exemption that the peer-run respite center received a grant under this subsection.

AB708,3 Section 3. 46.482 of the statutes is created to read:

AB708,2,16 46.482 Peer-run respite centers. (1) Letter of verification. (a) Subject to par. (b), the department shall issue to peer-run respite centers that request a letter of verification and that meet all of the following criteria a letter of verification for zoning purposes:

AB708,2,19 1. The peer-run respite center admits individuals who are in need of peer support and supportive services while addressing an increase in symptoms or stressors or an exacerbation of their mental health or substance abuse conditions.

AB708,2,21 2. The peer-run respite center admits individuals to reside at the center on a short-term basis.

AB708,2,25 3. The peer-run respite center is operated by an incorporated public organization or a nonprofit organization that is community-based and consumer-directed and that has a board with a majority of members who are consumers with mental health or substance abuse conditions.

AB708,3,3 4. The peer-run respite center is staffed by individuals who have personal experience with mental health or substance abuse conditions and who are trained in peer support.

AB708,3,5 5. The peer-run respite center is comprised of at least 3 but no more than 6 beds in private rooms.

AB708,3,7 6. The peer-run respite center does not provide clinical services and does not receive clinical supervision.

AB708,3,11 (b) 1. In response to a request from a peer-run respite center for a letter of verification, the department shall reply within 30 working days of the request by either sending a letter of verification under par. (a) or sending a letter stating that the requestor does not meet the criteria under par. (a).

AB708,3,14 2. The department shall ensure that any person who reviews a request for a letter of verification under par. (a) is familiar with and knowledgeable about peer-run respite centers.

AB708,3,16 3. The department may not consider any factors other than those under par. (a) when issuing a letter of verification under this subsection.

AB708,3,18 (c) Nothing in this section confers authority on the department to regulate peer-run respite centers.

AB708,3,21 (2) Zoning exemption. For purposes of obtaining a zoning exemption under ss. 46.03 (22) and 59.69 (15), a peer-run respite center shall meet any of the following criteria:

AB708,3,24 (a) The peer-run respite center is operated by an organization that received a grant under s. 46.48 (31) and that provides the zoning authority with the documentation of proof described under s. 46.48 (31).

AB708,4,3 (b) The peer-run respite center submits to the zoning authority a letter of verification obtained under sub. (1) or meets the criteria to obtain a letter of verification under sub. (1).

AB708,4,4 (End)