AB50: Bill Text

AB50,552,23 49.79 (7w) (a) 1. “Eligible retailer” includes any supermarket, grocery store, wholesaler, small-scale store, corner store, convenience store, neighborhood store, bodega, farmers’ market, direct-marketing farmer, nonprofit cooperative food- purchasing venture, or community-supported agriculture program means a retailer authorized to participate in the food stamp program federal supplemental nutrition assistance program.

AB50,1048 Section 1048. 49.79 (7w) (b) of the statutes is amended to read:

AB50,553,20 49.79 (7w) (b) The department shall, through a competitive selection process, contract with one or more nonprofit 3rd-party organizations to administer a healthy food incentive program statewide. The healthy food incentive program shall provide to any food stamp program recipient assistance group that uses benefits at an eligible retailer participating in the healthy food incentive program under this subsection a monetary amount up to the amount of food stamp program benefits used at the eligible retailer for the purpose of purchasing fruits and vegetables from the eligible retailer. In administering the program, a nonprofit 3rd- party organization shall prioritize including in the healthy food incentive program eligible retailers that source fruits and vegetables primarily from growers in this state and shall establish a timeline for expiration of matching monetary amounts provided for the purchase of fruits and vegetables under the healthy food incentive program such that a matching monetary amount expires no later than one year after it is provided. The department may establish a maximum amount of benefits that may be matched per day for a food stamp program recipient assistance group. Any nonprofit 3rd-party organization administering the healthy food incentive program shall ensure that matching amounts provided under the program that are unused and expire remain with the nonprofit 3rd-party organization and, upon expiration, are available for use to provide matching amounts to other food stamp recipients assistance groups under the program.

AB50,1049 Section 1049. 49.79 (7w) (c) of the statutes is amended to read:

AB50,554,6 49.79 (7w) (c) The department may allocate no more than 25 percent of the funding available for the healthy food incentive program under this subsection to program development, promotion of and outreach for the program, training, data collection, evaluation, administration, and reporting and shall allocate the remainder of the funding available to the eligible retailers participating in the healthy food incentive program under this subsection. The department shall seek, or require any 3rd-party organization chosen under par. (b) to seek, any available federal matching moneys from the Gus Schumacher Nutrition Incentive Program to fund the healthy food incentive program under this subsection.

AB50,1050 Section 1050. 49.79 (7w) (cd) of the statutes is created to read:

AB50,554,10 49.79 (7w) (cd) A 3rd-party organization chosen under par. (b) may retain for administrative purposes an amount not to exceed 33 percent of the total contracted amount or the applicable cap found in federal law or guidance, whichever is lower.

AB50,1051 Section 1051. 49.79 (9) (a) 1g. of the statutes is amended to read:

AB50,554,20 49.79 (9) (a) 1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults without dependents in this state to participate in the employment and training program under this subsection, except for able- bodied adults without dependents who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

AB50,1052 Section 1052. 49.79 (9) (d) of the statutes is repealed.

AB50,1053 Section 1053. 49.79 (9) (f) of the statutes is repealed.

AB50,1054 Section 1054. 49.791 of the statutes is repealed.

AB50,1055 Section 1055. 49.90 (4) of the statutes is amended to read:

AB50,556,4 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother parents; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which that will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person’s support or the child’s maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person’s support or the child’s maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child’s health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB50,1056 Section 1056. 50.01 (1b) of the statutes is repealed.

AB50,1057 Section 1057. 50.08 (2) of the statutes is amended to read:

AB50,556,11 50.08 (2) A physician, an advanced practice registered nurse prescriber certified who may issue prescription orders under s. 441.16 441.09 (2), or a physician assistant who prescribes a psychotropic medication to a nursing home resident who has degenerative brain disorder shall notify the nursing home if the prescribed medication has a boxed warning under 21 CFR 201.57.

AB50,1058 Section 1058. 50.09 (1) (a) (intro.) of the statutes is amended to read:

AB50,556,20 50.09 (1) (a) (intro.) Private and unrestricted communications with the resident’s family, physician, physician assistant, advanced practice registered nurse prescriber, attorney, and any other person, unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record, except that communications with public officials or with the resident’s attorney shall not be restricted in any event. The right to private and unrestricted communications shall include, but is not limited to, the right to:

AB50,1059 Section 1059. 50.09 (1) (f) 1. of the statutes is amended to read:

AB50,557,4 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses or both domestic partners under ch. 770 are residents of the same facility, the spouses or domestic partners shall be permitted to share a room unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record.

AB50,1060 Section 1060. 50.09 (1) (h) of the statutes is amended to read:

AB50,557,9 50.09 (1) (h) Meet with, and participate in activities of social, religious, and community groups at the resident’s discretion, unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record.

AB50,1061 Section 1061. 50.09 (1) (k) of the statutes is amended to read:

AB50,557,22 50.09 (1) (k) Be free from mental and physical abuse, and be free from chemical and physical restraints except as authorized in writing by a physician, physician assistant, or advanced practice registered nurse prescriber for a specified and limited period of time and documented in the resident’s medical record. Physical restraints may be used in an emergency when necessary to protect the resident from injury to himself or herself or others or to property. However, authorization for continuing use of the physical restraints shall be secured from a physician, physician assistant, or advanced practice registered nurse prescriber within 12 hours. Any use of physical restraints shall be noted in the resident’s medical records. “Physical restraints” includes, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, and confinement in a locked room.

AB50,1062 Section 1062. 50.36 (3s) of the statutes is created to read:

AB50,558,6 50.36 (3s) The department shall require a hospital that provides emergency services to have sufficient qualified personnel at all times to manage the number and severity of emergency department cases anticipated by the location. At all times, a hospital that provides emergency services shall have on-site at least one physician who, through education, training, and experience, specializes in emergency medicine.

AB50,1063 Section 1063. 50.38 (1) (d) and (e) of the statutes are created to read:

AB50,558,8 50.38 (1) (d) A rehabilitation hospital, as designated by the department.

AB50,558,9 (e) A long-term acute care hospital, as designated by the department.

AB50,1064 Section 1064. 50.38 (3) of the statutes is amended to read:

AB50,558,13 50.38 (3) The department shall establish the percentage that is applicable under sub. (2) (a) and (b) so that the total amount of assessments collected under sub. (2) (a) in a state fiscal year is equal to $414,507,300 $1,341,839,500.

AB50,1065 Section 1065. 50.49 (1) (b) (intro.) of the statutes is amended to read:

AB50,558,23 50.49 (1) (b) (intro.) “Home health services” means the following items and services that are furnished to an individual, who is under the care of a physician, physician assistant, or advanced practice registered nurse prescriber, by a home health agency, or by others under arrangements made by the home health agency, that are under a plan for furnishing those items and services to the individual that is established and periodically reviewed by a physician, physician assistant, or advanced practice registered nurse prescriber and that are, except as provided in subd. 6., provided on a visiting basis in a place of residence used as the individual’s home:

AB50,1066 Section 1066. 51.03 (7) of the statutes is created to read:

AB50,559,3 51.03 (7) The department shall award grants to fund services at facilities that provide crisis stabilization services, as defined in s. 51.043 (1) (b), based on criteria established by the department.

AB50,1067 Section 1067. 51.044 of the statutes is created to read:

AB50,559,10 51.044 Psychiatric residential treatment facilities. (1) Definition. In this section, “psychiatric residential treatment facility” is a nonhospital facility that provides inpatient comprehensive mental health treatment services to individuals under the age of 21 who, due to mental illness, substance use, or severe emotional disturbance, need treatment that can most effectively be provided in a residential treatment facility.

AB50,559,14 (2) Certification required; exemption. (a) No person may operate a psychiatric residential treatment facility without a certification from the department. The department may limit the number of certifications it grants to operate a psychiatric residential treatment facility.

AB50,559,16 (b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

AB50,559,17 (3) Rules. The department may promulgate rules to implement this section.

AB50,1068 Section 1068. 51.06 (5) of the statutes is amended to read:

AB50,560,3 51.06 (5) Surcharge for extended intensive treatment. The department may impose on a county a progressive surcharge for services under sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under sub. (3) (b) 2. The surcharge is 10 percent of the amount paid for the individual’s services under s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10 percent of the amount paid for the individual’s services under s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (gL) (g).

AB50,1069 Section 1069. 51.41 (1d) (b) 4. of the statutes is amended to read:

AB50,560,14 51.41 (1d) (b) 4. A psychiatric mental health advanced practice registered nurse who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association for individuals who specialize in a full continuum of behavioral health and medical services including emergency detention, inpatient, residential, transitional, partial hospitalization, intensive outpatient, and wraparound community-based services. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric mental health advanced practice registered nurses for this board membership position.

AB50,1070 Section 1070. 51.441 of the statutes is repealed.

AB50,1071 Section 1071. 51.442 of the statutes is repealed.

AB50,1072 Section 1072. 51.443 of the statutes is created to read:

AB50,560,18 51.443 Mental health consultation program. (1) In this section:

AB50,560,21 (a) “Participating clinicians” includes physicians, nurse practitioners, physician assistants, and medically appropriate members of the care teams of physicians, nurse practitioners, and physician assistants.

AB50,560,23 (b) “Program” means the mental health consultation program under this section.

AB50,561,9 (2) During fiscal year 2025-26, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2023 stats., as of January 1, 2025, to administer the mental health consultation program described under this section. Beginning in fiscal year 2026-27, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2023 stats., as of January 1, 2025, or another organization to administer the mental health consultation program under this section.

AB50,561,15 (3) The contracting organization under sub. (2) shall administer a mental health consultation program that incorporates a comprehensive set of mental health consultation services, which may include perinatal, child, adult, geriatric, pain, veteran, and general mental health consultation services, and may contract with any other entity to perform any operations and satisfy any requirements under this section for the program.

AB50,561,17 (4) As a condition of providing services through the program, the contracting organization under sub. (2) shall do all of the following:

AB50,562,2 (a) Ensure that all mental health care providers who are providing services through the program have the applicable credential from this state; if a psychiatric professional, that the provider is eligible for certification or is certified by the American Board of Psychiatry and Neurology for adult psychiatry, child and adolescent psychiatry, or both; and if a psychologist, that the provider is registered in a professional organization, including the American Psychological Association, National Register of Health Service Psychologists, Association for Psychological Science, or the National Alliance of Professional Psychology Providers.

AB50,562,4 (b) Maintain the infrastructure necessary to provide the program’s services statewide.

AB50,562,6 (c) Operate the program on weekdays during normal business hours of 8 a.m. to 5 p.m.

AB50,562,8 (d) Provide consultation services under the program as promptly as is practicable.

AB50,562,12 (e) Have the capability to provide consultation services by, at a minimum, telephone and email. Consultation through the program may be provided by teleconference, video conference, voice over Internet protocol, email, pager, in- person conference, or any other telecommunication or electronic means.

AB50,562,13 (f) Provide all of the following services through the program:

AB50,562,15 1. Support for participating clinicians to assist in the management of mental health concerns.

AB50,562,18 2. Triage-level assessments to determine the most appropriate response to each request, including appropriate referrals to any community providers and health systems.

AB50,562,19 3. When medically appropriate, diagnostics and therapeutic feedback.

AB50,562,21 4. Recruitment of other clinicians into the program as participating clinicians when possible.

AB50,562,22 (g) Report to the department any information requested by the department.

AB50,563,9 (h) Conduct annual surveys of participating clinicians who use the program to assess the quality of care provided, self-perceived levels of confidence in providing mental health services, and satisfaction with the consultations and other services provided through the program. Immediately after participating clinicians begin using the program and again 6 to 12 months later, the contracting organization under sub. (2) may conduct assessments of participating clinicians to assess the barriers to and benefits of participation in the program to make future improvements and to determine the participating clinicians’ treatment abilities, confidence, and awareness of relevant resources before and after beginning to use the program.

AB50,563,13 (5) Services provided under sub. (4) (b) to (h) are eligible for funding from the department. The contracting organization under sub. (2) also may provide any of the following services under the program that are eligible for funding from the department:

AB50,563,16 (a) Second opinion diagnostic and medication management evaluations and community resource referrals conducted by either a psychiatrist or allied health professionals.

AB50,563,19 (b) In-person or web-based educational seminars and refresher courses on a medically appropriate topic within mental or behavioral health care provided to any participating clinician who uses the program.

AB50,563,20 (c) Data evaluation and assessment of the program.

AB50,1073 Section 1073. 54.01 (36) (a) of the statutes is amended to read:

AB50,564,4 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

AB50,1074 Section 1074. 54.960 (1) of the statutes is amended to read:

AB50,564,12 54.960 (1) Beneficial interests in a custodial trust created for multiple beneficiaries are deemed to be separate custodial trusts of equal undivided interests for each beneficiary. Except in a transfer or declaration for use and benefit of husband and wife 2 individuals who are married to each other, for whom survivorship is presumed, a right of survivorship does not exist unless the instrument creating the custodial trust specifically provides for survivorship or survivorship is required as to marital property.

AB50,1075 Section 1075. 59.10 (intro.) of the statutes is amended to read:

AB50,564,20 59.10 Boards: composition; election; terms; compensation; compatibility. (intro.) The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each board shall act under sub. (2), (3) or (5), unless the board enacts an ordinance, by a majority vote of the entire membership, to act under sub. (1). If a board enacts such ordinance, a certified copy shall be filed with the secretary of state administration.

AB50,1076 Section 1076. 59.10 (2) (d) 1. of the statutes is amended to read:

AB50,565,14 59.10 (2) (d) 1. ‘Number of supervisors; redistricting.’ The board may, not more than once prior to November 15, 2010, decrease the number of supervisors after the enactment of a supervisory district plan under par. (a). In that case, the board shall redistrict, readjust, and change the boundaries of supervisory districts, so that the number of districts equals the number of supervisors, the districts are substantially equal in population according to the most recent countywide federal census, the districts are in as compact a form as possible, and the districts consist of contiguous municipalities or contiguous whole wards in existence at the time at which the amended redistricting plan is adopted, except as authorized in sub. (3) (b) 2. In the amended plan, the board shall adhere to the requirements under sub. (3) (b) 2. with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In the amended plan, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. The chairperson of the board shall file a certified copy of any amended plan adopted under this subdivision with the secretary of state administration.

AB50,1077 Section 1077. 59.10 (3) (b) 4. of the statutes is amended to read:

AB50,565,22 59.10 (3) (b) 4. The chairperson of the board shall file a certified copy of the final districting plan with the secretary of state administration. Unless otherwise ordered under sub. (6), a plan enacted and filed under this paragraph, together with any authorized amendment that is enacted and filed under this section, remains in effect until the plan is superseded by a subsequent plan enacted under this subsection and a certified copy of that plan is filed with the secretary of state administration.

AB50,1078 Section 1078. 59.10 (3) (c) 4. of the statutes is amended to read:

AB50,566,2 59.10 (3) (c) 4. The chairperson of the board shall file a certified copy of any amended plan under this paragraph with the secretary of state administration.

AB50,1079 Section 1079. 59.10 (3) (cm) 1. of the statutes is amended to read:

AB50,566,23 59.10 (3) (cm) 1. ‘Number of supervisors; redistricting.’ Except as provided in subd. 3., following the enactment of a decennial supervisory district plan under par. (b), the board may decrease the number of supervisors. In that case, the board shall redistrict, readjust, and change the boundaries of supervisory districts, so that the number of districts equals the number of supervisors, the districts are substantially equal in population according to the most recent countywide federal census, the districts are in as compact a form as possible, and the districts consist of contiguous municipalities or contiguous whole wards in existence at the time at which the redistricting plan is adopted, except as authorized in par. (b) 1. In the redistricting plan, the board shall adhere to the requirements under par. (b) 2. with regard to contiguity and shall, to the extent possible, place whole contiguous municipalities or contiguous parts of the same municipality within the same district. In redistricting under this subdivision, the original numbers of the districts in their geographic outlines, to the extent possible, shall be retained. No plan may be enacted under this subdivision during review of the sufficiency of a petition filed under subd. 2. nor after a referendum is scheduled on such a petition. However, if the electors of the county reject a change in the number of supervisory districts under subd. 2., the board may then take action under this subdivision except as provided in subd. 3. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state administration.

AB50,1080 Section 1080. 59.10 (3) (cm) 2. of the statutes is amended to read:

AB50,569,4 59.10 (3) (cm) 2. ‘Petition and referendum.’ Except as provided in subd. 3., the electors of a county may, by petition and referendum, decrease the number of supervisors at any time after the first election is held following enactment of a decennial supervisory district plan under par. (b). A petition for a change in the number of supervisors may be filed with the county clerk. Prior to circulating a petition to decrease the number of supervisors in any county, a petitioner shall register with the county clerk, giving the petitioner’s name and address and indicating the petitioner’s intent to file such a petition. No signature on a petition is valid unless the signature is obtained within the 60-day period following such registration. The petition shall specify the proposed number of supervisors to be elected. Within 14 days after the last day for filing an original petition, any other petitioner may file an alternative petition with the county clerk proposing a different number of supervisors to be elected, and, if the petition is valid, the alternative proposed in the petition shall be submitted for approval at the same referendum. An alternative petition is subject to the same registration and signature requirements as an original petition. Each petition shall be in the form specified in s. 8.40 and shall contain a number of signatures of electors of the county equal to at least 25 percent of the total votes cast in the county for the office of supervisor at the most recent spring election preceding the date of filing. The county clerk shall promptly determine the sufficiency of a petition filed under this subdivision. Upon determination that a petition is sufficient, or if one or more valid alternative petitions are filed, upon determination that the petitions are sufficient, the county clerk shall call a referendum concurrently with the next spring or general election in the county that is held not earlier than 70 days after the determination is made. The question proposed at the referendum shall be: “Shall the board of supervisors of .... County be decreased from .... members to .... members?”. If one or more alternative valid petitions are filed within 14 days after the last day that an original petition may be filed, the question relating to the number of supervisors shall appear separately. The first question shall be: “Shall the size of the county board of supervisors of .... County be decreased from its current membership of .... members?”. Any subsequent question shall be: “If so, shall the size of the board be decreased to .... members?”. Each elector may vote in the affirmative or negative on the first question and may then vote in the affirmative on one of the remaining questions. If the first question is not approved by a majority of the electors voting on the question, any subsequent question is of no effect. If the question is approved by a majority of the electors voting on the question, or, if more than one question is submitted, if the first question is approved by a majority of the electors voting on the question, the board shall enact an ordinance prescribing revised boundaries for the supervisory districts in the county. The ordinance shall be enacted in accordance with the approved question or, if more than one question is submitted, in accordance with the choice receiving a plurality of the votes cast. The districts are subject to the same requirements that apply to districts in any plan enacted by the board under subd. 1. If the board has determined under sub. (1) (b) to adopt staggered terms for the office of supervisor, the board may change the expiration date of the term of any supervisor to an earlier date than the date provided under current ordinance if required to implement the redistricting or to maintain classes of members. The county clerk shall file a certified copy of any redistricting plan enacted under this subdivision with the secretary of state administration.

AB50,1081 Section 1081. 59.23 (2) (m) 2. of the statutes is amended to read:

AB50,569,11 59.23 (2) (m) 2. Except as otherwise provided, receive and file the official oaths and bonds of all county officers and upon request shall certify under the clerk’s signature and seal the official capacity and authority of any county officer so filing and charge the statutory fee. Upon the commencement of each term every clerk shall file the clerk’s signature and the impression of the clerk’s official seal in the office of the secretary of state administration.

AB50,1082 Section 1082. 59.23 (2) (s) of the statutes is amended to read: