AB40: Bill Text

AB40,474,20 45.41 (4) (a) From the appropriation under s. 20.485 (2) (s), the department shall annually provide a payment of $100,000 $120,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.

AB40,782 Section 782. 45.41 (4) (b) of the statutes is created to read:

AB40,475,3 45.41 (4) (b) The Wisconsin department of the Disabled American Veterans shall maintain records as required by the department concerning its expenditure of the payment under par. (a). The Wisconsin department of the Disabled American Veterans shall give the department access to those records upon request of the department and the department may audit those records to ensure that the Wisconsin department of the Disabled American Veterans is using the payment under par. (a) to provide transportation services to veterans.

AB40,783 Section 783. 45.41 (5) of the statutes is created to read:

AB40,475,7 45.41 (5) From the appropriation under s. 20.485 (2) (vw), the department may annually grant up to $50,000 to the Wisconsin department of the American Legion for the operation of Camp American Legion.

AB40,784 Section 784. 45.43 (1) of the statutes is amended to read:

AB40,475,23 45.43 (1) The department shall administer a program to provide assistance to persons who served in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who were discharged under conditions other than dishonorable. The department shall provide assistance under this section to persons whose need for services is based upon homelessness, incarceration, or other circumstances designated by the department by rule. The eligibility requirements under s. 45.02 (2) do not apply to a person applying for assistance under this section. The department shall designate the assistance available under this section, which may include assistance in receiving medical care, dental care, education, employment, single room occupancy housing, and transitional housing. The department may provide payments to facilitate the provision of services under this section. From the appropriation under s. 20.485 (2) (ac), the department shall provide $15,000 annually during fiscal years 2007-08 and 2008-09 to the Center for Veterans Issues, Ltd., of Milwaukee, to provide outreach services to homeless veterans with post-traumatic stress disorder.

AB40,785 Section 785. 45.43 (3) of the statutes is repealed.

AB40,786 Section 786. 45.44 (1) (a) 5. of the statutes is amended to read:

AB40,476,3 45.44 (1) (a) 5. A license, certification, registration, or permit issued under s. 94.10 (2), (3), or (3g), 94.50 (2), 94.704, 95.60, 97.17 (2), 97.175 (2), 97.22 (2), 98.145, 98.146, or 98.18 (1) (a), or 168.23 (3).

AB40,787 Section 787. 45.44 (1) (a) 11m. of the statutes is created to read:

AB40,476,5 45.44 (1) (a) 11m. A registration issued under s. 202.13 or 202.14.

AB40,788 Section 788. 45.45 of the statutes is created to read:

AB40,476,9 45.45 Grant to VETransfer, Inc. (1) Payment. From the appropriation under s. 20.485 (2) (vm), the department shall pay $500,000 to VETransfer, Inc., in fiscal year 2013-14, subject to the requirements under subs. (2) to (5).

AB40,476,15 (2) Grants to veteran-owned start-up businesses. Of the moneys VETransfer, Inc., receives under sub. (1), VETransfer, Inc., shall grant at least $300,000 to veterans who are residents of this state or to businesses owned by veterans who are residents of this state. A veteran or a veteran's business that is awarded a grant under this subsection may use the grant only to pay for costs associated with the start-up of a business located in this state that the veteran owns.

AB40,476,19 (3) Veteran entrepreneurship training. Of the moneys VETransfer, Inc., receives under sub. (1), VETransfer, Inc., may use up to $200,000 to provide entrepreneurial training and related services to veterans who are residents of this state.

AB40,476,23 (4) Reporting and audit requirements. (a) Annually, by March 1, until 2018 or one year following the date established by the department under sub. (5) (a), VETransfer, Inc., shall submit to the secretary, the governor, and the secretary of administration a report that includes all of the following:

AB40,476,24 (a) The most recent financial statement for VETransfer, Inc.

AB40,477,2 (b) A detailed description of the criteria VETransfer, Inc., used to determine who received a grant under sub. (2) during the previous year.

AB40,477,9 (c) A verified statement describing in detail the grants VETransfer, Inc., made under sub. (2), and the expenditures VETransfer, Inc., made under sub. (3), during the previous year, signed by an independent certified public accountant and the director or principal officer of VETransfer, Inc., to attest to the accuracy of the verified statement. The verified statement shall include all of the following concerning each award of a grant VETransfer, Inc., made under sub. (2) during the previous year:

AB40,477,11 1. The name and address of the grant recipient and the name and address of the start-up business.

AB40,477,16 2. The names and addresses of all of the start-up business's owners, including an identification of the business's owners who are veterans, and, if the grant recipient was a business other than the start-up business, the names and addresses of the grant recipient's owners, including an identification of the business's owners who are veterans.

AB40,477,20 3. The names and addresses of the start-up business's board of directors and key management employees and, if the grant recipient was a business other than the start-up business, the names and addresses of the grant recipient's board of directors and key management employees.

AB40,477,21 4. A description of the nature of the start-up business.

AB40,477,23 5. Any information the grant recipient submitted to VETransfer, Inc., to apply for the grant.

AB40,477,24 6. The amount of the grant and the date VETransfer, Inc., awarded the grant.

AB40,478,3 7. A statement of the number of employees the start-up business employed on January 1 of the previous year and the number of employees the start-up business employed on December 31 of the previous year.

AB40,478,5 (d) A summary of all investments and grants of any kind that VETransfer, Inc., made during the previous year.

AB40,478,10 (e) VETransfer, Inc., shall maintain records, as required by the department, concerning its expenditures of the moneys it receives under sub. (1). VETransfer, Inc., shall give the department access to those records upon request of the department, and the department may audit those records to ensure compliance with the requirements under this section.

AB40,478,13 (5) Sunset. (a) Except as provided under par. (b), VETransfer, Inc., may not expend any moneys it receives under sub. (1) after June 30, 2017, or a later date established by the department.

AB40,478,16 (b) VETransfer, Inc., shall pay to the secretary of administration for deposit in the general fund any moneys it receives under sub. (1) but does not expend by June 30, 2017, or by a later date established by the department under par. (a).

AB40,789 Section 789. 45.50 (2m) (e) of the statutes is amended to read:

AB40,478,23 45.50 (2m) (e) All moneys received as reimbursement for services to veterans homes employees or as payment for meals served to guests at veterans homes shall be accumulated in an account named "employee maintenance credits" and shall be paid into the general fund within one week after receipt and credited to the appropriation account under s. 20.485 (1) (gk) (r). This paragraph does not apply to any agreement entered into pursuant to par. (c).

AB40,790 Section 790. 45.50 (11) of the statutes is created to read:

AB40,479,3 45.50 (11) Medical assistance assessment exemption. A Wisconsin veterans home is exempt from paying any assessment imposed on the licensed beds in the home under s. 50.14 (2) (am).

AB40,791 Section 791. 45.51 (2) (b) 1. of the statutes is repealed.

AB40,792 Section 792. 45.51 (2) (b) 5. of the statutes is amended to read:

AB40,479,8 45.51 (2) (b) 5. Has care needs that the veterans home is able to provide within the resources allocated for the care of members of the veterans home , including chronic alcoholism, drug addiction, psychosis, or active tuberculosis.

AB40,793 Section 793. 45.51 (3) (a) of the statutes is renumbered 45.51 (3) (a) 2.

AB40,794 Section 794. 45.51 (3) (a) 1. of the statutes is created to read:

AB40,479,12 45.51 (3) (a) 1. In this paragraph, "physical care" includes skilled rehabilitation services following a hospital stay that meets the qualifications under 42 CFR 409.30.

AB40,795 Section 795. 45.51 (3) (c) 1. (intro.) of the statutes is amended to read:

AB40,479,15 45.51 (3) (c) 1. (intro.) The categories for the order of priority for admission to a veterans home shall be as follows:

AB40,796 Section 796. 45.51 (3) (c) 1m. of the statutes is created to read:

AB40,479,18 45.51 (3) (c) 1m. Within each category specified in subd. 1., the following order of priority shall apply:

AB40,479,22 a. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of more than 6 months immediately preceding the date of application for membership has first priority for admission.

AB40,480,2 b. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of 6 months or less immediately preceding the date of application for membership has 2nd priority for admission.

AB40,480,4 c. A person who is not a resident of the state on the date of application for membership in a veterans home has 3rd priority for admission.

AB40,797 Section 797. 45.51 (5) (intro.) of the statutes is amended to read:

AB40,480,10 45.51 (5) Additional eligibility requirements of a surviving spouse. (intro.) The surviving spouse of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the veteran's death is eligible if the surviving spouse meets the requirements of sub. (2) (b) 3. to 5. and if the surviving spouse satisfies all of the following conditions:

AB40,798 Section 798. 45.51 (5) (f) of the statutes is repealed.

AB40,799 Section 799. 45.51 (6) (intro.) of the statutes is amended to read:

AB40,480,18 45.51 (6) Additional eligibility requirements of parents. (intro.) The parent of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the person's death or, the parent of a living person under sub. (2) (a) 1. or 2. who is eligible for membership, or the parent of a person who died while in the service is eligible if the parent meets the requirements of sub. (2) (b) 3. to 5. and if the parent satisfies all of the following conditions:

AB40,800 Section 800. 45.51 (6) (b) of the statutes is repealed.

AB40,801 Section 801. 45.51 (6m) of the statutes is created to read:

AB40,480,23 45.51 (6m) Residency. In order to be eligible for benefits under this subchapter, a person specified under sub. (2) (a) 1., 2., or 3. does not have to be a resident of this state on the date of application for membership.

AB40,802 Section 802. 45.51 (12) of the statutes is amended to read:

AB40,481,3 45.51 (12) Powers of commandant over personal funds of members. A commandant, the secretary, or the secretary's designee may receive, disburse, and account for funds of members.

AB40,803 Section 803. 45.61 (2) (f) of the statutes is created to read:

AB40,481,5 45.61 (2) (f) A person who is a member of a veterans home under s. 45.50.

AB40,804 Section 804. 45.61 (3) of the statutes is amended to read:

AB40,481,10 45.61 (3) Fees and costs. The department may charge a fee for burials under this section and may promulgate rules for the assessment of any fee. The cost of preparing the grave and the erection of a marker for a person described under sub. (2) (a), (b), (d), or (e) shall be paid from the appropriation under s. 20.485 (1) (gk) (r).

AB40,805 Section 805. 45.61 (4) of the statutes is renumbered 45.61 (4) (a).

AB40,806 Section 806. 45.61 (4) (b) of the statutes is created to read:

AB40,481,15 45.61 (4) (b) In processing applications for burial plots, the department shall maintain a waiting list for each of the cemeteries operated under sub. (1) and shall give priority to state residents on each waiting list.

AB40,807 Section 807. 45.61 (5) (a) of the statutes is amended to read:

AB40,481,23 45.61 (5) (a) Expenses incident to the burial under this section of persons described in sub. (2) (a) and (b) to (e) shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part of the burial, shall be paid from the appropriation under s. 20.485 (1) (gk) (r) for members of veterans homes, and the amount expended for those expenses shall not exceed the amount established for funeral and burial expenses under s. 49.785 (1) (b).

AB40,808 Section 808. 45.70 (1) of the statutes is renumbered 45.70 (1m).

AB40,809 Section 809. 45.70 (1b) (title) of the statutes is created to read:

AB40,482,1 45.70 (1b) (title) Establishment and modifications of memorials.

AB40,810 Section 810. 45.70 (1b) (b) of the statutes is created to read:

AB40,482,5 45.70 (1b) (b) The board may act under par. (a) only if the department estimates that the cost of implementing the proposal for an established or future state memorial will exceed $25,000.

AB40,811 Section 811. 45.70 (2) (a) of the statutes is renumbered 45.70 (1b) (a) and amended to read:

AB40,482,12 45.70 (1b) (a) The board may approve, recommend, and veto any proposed plans, modifications, and changes or policies with respect to established state memorials, including the Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), and any future veterans state memorials, and may recommend the creation and establishment of future veterans state memorials.

AB40,812 Section 812. 45.70 (2) (b) of the statutes is amended to read:

AB40,482,18 45.70 (2) (b) No structures, other than memorials approved by the board, and no walks, roads, or subterranean footings may be placed or erected upon Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless authorized by the legislature; nor shall the park be used for any purpose other than a memorial park.

AB40,813 Section 813. 45.82 (4) of the statutes is amended to read:

AB40,483,3 45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to $8,500 $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.

AB40,814 Section 814. 46.03 (30) (a) of the statutes is amended to read:

AB40,483,10 46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. ss. 13.48 (14) (am) and 16.848 (1), explore the possible sale or lease of such excess facilities to a county department under s. 51.42.

AB40,815 Section 815. 46.035 (2) (a) of the statutes is amended to read:

AB40,483,18 46.035 (2) (a) Without limitation by reason of any other provisions of the statutes except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB40,816 Section 816. 46.057 (2) of the statutes is amended to read:

AB40,484,3 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,890,700 $2,707,100 in fiscal year 2011-12 2013-14 and $2,964,000 $2,772,800 in fiscal year 2012-13 2014-15, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB40,817 Section 817. 46.06 (4) of the statutes is amended to read:

AB40,484,11 46.06 (4) Sales. The department may, with the approval of the building commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to s. 13.48 (14) (c).

AB40,818 Section 818. 46.07 of the statutes is amended to read:

AB40,485,5 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited 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) (c).

AB40,819 Section 819. 46.21 (1) (d) of the statutes is amended to read: