This bill changes the name of DHSS, on July 1, 1996, to the department of
health and family services.
Under current law, the division of vocational rehabilitation, a subunit of DHSS,
administers the vocational rehabilitation laws. Under these laws, DHSS assists
eligible handicapped persons to become capable of competing in the labor market,
practicing a profession, raising a family and making a home or participating in
sheltered employment or other gainful work. Among other requirements under
current law, DHSS must assess and evaluate services appropriate to each individual,
develop an individualized written rehabilitation program with each handicapped
person and develop and supervise services that are part of any handicapped person's
vocational rehabilitation program. DHSS must also provide medical or other
evaluations at no cost to the applicant to determine the applicant's eligibility for
vocational rehabilitation services. DHSS must also provide rehabilitation teaching
services for persons who are blind or visually impaired regardless of their eligibility
for vocational rehabilitation services. Finally, under current law, DHSS may provide
interpreters for the hearing impaired and must, subject to availability of funds,
provide assistance to hearing-impaired persons to secure telecommunication
devices. DHSS must provide, free of charge, at the request of an eligible hearing
impaired person, a vehicle sticker that apprises law enforcement officers of the fact
that the operator or owner of the vehicle is hearing impaired.
This bill transfers the division of vocational rehabilitation from DHSS to
DILHR on July 1, 1996. Under this bill, DILHR is responsible for administering the
vocational rehabilitation laws for handicapped persons except that DHSS retains
responsibility for administering nonvocational services for the hearing and visually
impaired.
This bill authorizes DHSS to regulate a type of facility, known as an assisted
living facility, beginning on July 1, 1996. Under the bill, an assisted living facility
is defined as a place in which at least 5 adults reside, that consists entirely of
independent apartments and that provides not more than 28 hours per week of
supportive, personal and nursing services to a resident of the facility. The bill
requires that an assisted living facility be certified by DHSS as a provider of medical
assistance in order to operate and requires DHSS to promulgate rules, approved by
DOA, that establish standards for the certification.
Under current law, DHSS allocates $52,400 in each state fiscal year to contract
with an organization to provide services to Hispanic workers who have been injured
in industrial accidents. The services provided include group support and self-help
activities, counseling, advocacy on behalf of injured workers for appropriate services,
interpreter services, outreach and assistance in maximizing utilization of certain
public programs. This bill eliminates this funding.
Under current law, generally only after a man has been adjudicated to be the
father of a nonmarital child in a paternity action may the man be ordered to pay child
support for the child. However, if the man has signed and filed with the state
registrar a statement acknowledging paternity, a judge or family court commissioner
may order the man to pay child support in any action affecting the family, such as
an action for support. Within one year after signing a statement acknowledging
paternity or one year after attaining age 18, whichever is later, a person who signed
the statement may request that the judge or family court commissioner order blood
tests. If the results of the blood tests exclude the man as the father of the child, the
court must dismiss any action for support, or vacate any order for support, with
respect to the man.
This bill provides that, if the results of the blood tests exclude the man, the court
must also notify the state registrar, who must prepare a new birth certificate for the
child, omitting the man's name. If no action for support has been filed, a person who
has signed a statement acknowledging paternity may request that the county child
support agency arrange for blood tests. If the results exclude the man, the child
support agency must notify the state registrar. The bill also provides that a
nonjudicial determination of paternity that has the same effect as a judgment of
paternity becomes effective when a statement acknowledging paternity has been on
file with the state registrar for one year or one year after the man who signed the
statement attains age 18, whichever is later. Such a determination may be reopened
under the same circumstances as a judgment of paternity.
This bill prohibits a C-BRF from initially admitting a potential resident who
intends to pay for residency from private funds unless the C-BRF first obtains
financial information from the potential resident at the time that he or she applies
for admission. The potential resident must waive to specified persons his or her right
to confidentiality of the information provided. From this information, the C-BRF
must prepare a statement of financial condition of the potential resident and provide
the statement to him or her. The statement must estimate a date, if any, by which
the person's assets and other funding sources would be depleted, must indicate that,
at the time of depletion, public funding may not be available in order to remain in
the C-BRF and must specify options available to the individual at that time. If the
estimated date of depletion of the individual's funds is less than 24 months after the
date of the financial statement, the C-BRF must forward the statement to the county
department of social services.
Under current law, DHSS, as part of the home-based enterprise program, is
required to provide services, vocational rehabilitation, craft instruction and a
supervised business initiatives program to severely handicapped persons who are
eligible for vocational rehabilitation services. DHSS is permitted to own, lease,
manage, supervise or operate businesses for the benefit of severely handicapped
persons, including home-based craft work, also known as the homecraft program.
Currently, the homecraft program is funded, in part, by a federal grant. Those
persons ineligible to participate under the federal grant may participate in a portion
of the program funded by state revenue.
This bill eliminates the homecraft portion of the home-based enterprise
program funded by state revenue.
Under current law, community aids funds are distributed in accordance with
certain statutory allocations. There is a basic county allocation from which DHSS
allocates money to the counties for social services in general. There are also a
number of specific categorical allocations for specific types of social services. Current
law has categorical allocations for services to children and families; supportive home
care services; child care services; community support programs; community-based
programs for the developmentally disabled; family support programs; Alzheimer's
family and caregiver support services; emergency services; and alcohol, drug abuse
and mental health services. This bill restructures community aids allocations into
a single general community aids allocation and 3 specific categorical allocations —
one for prevention and treatment of substance abuse, one for community mental
health services and one for child care services — and allocates funding for each of the
categories.
Under current law, community aids funds that are not spent or encumbered by
December 31 of each year lapse to the general fund. However, current law contains
a number of provisions allowing counties, tribal governing bodies and nonprofit
organizations to carry over certain community aids funds to the next year. Under one
of these provisions, DHSS is permitted to carry forward up to 3% of the total amount
of community aids funds, other than certain child care funds, that are allocated for
use by the county, tribal governing body or nonprofit organization. These funds may
be used in the following calendar year, subject to certain limitations. One of these
limitations prevents DHSS from carrying forward more than 25% of the amount
allocated to the county, tribal governing body or nonprofit organization under certain
community aids categorical allocations. This bill repeals this 25% rule. Under
current law, if DHSS determines that a county department will be unable to expend
certain funds for at-risk child care, low-income child care and respite child care by
December 31 each year, DHSS may authorize that county department to expend part
of these funds for the start-up, improvement or expansion of child care services or
facilities, to the extent permitted by federal law. This bill repeals this provision.
Under current law, counties are required to provide matching funds for
community aids funds distributed from certain allocations. Each county's yearly
required match equals 9.89% of the total of the county's distributions for that year
for which matching funds are required. These matching funds may come from county
tax levies, federal and state revenue sharing funds or, subject to certain limitations,
private donations. This bill eliminates these county matching requirements.
The bill also makes certain changes relating to the administration of the
community aids program. The bill requires county departments of health or social
services, county departments of community programs, county departments of
developmental disabilities services and tribal governing bodies to submit to DHSS,
before October 1 of each year beginning in 1995, a proposed budget for the
expenditure of community aids funds. The proposed budget must be submitted on
a form developed by DHSS and approved by DOA. In addition, the bill requires
DHSS to develop performance standards for all services funded through community
aids. These performance standards are to be developed after consultation with DOA
and with county departments and are required to be implemented no later than July
1, 1996.
Under current law, the payee or payer under a judgment or order providing for
child or family support may file a petition, motion or order to show cause with the
court to have the amount of support revised. The court or family court commissioner
may not revise the amount of support unless the person requesting the change can
show a substantial change in circumstances since the last order or revision. If the
court or family court commissioner revises child or family support, it must be done
by using a percentage standard. The revised amount may deviate from the amount
that would result from use of the percentage standard if, on the basis of various
factors, the court or family court commissioner determines that use of the percentage
standard would be unfair to the child or to either of the parties.
This bill provides that a payee under a judgment or order for child or family
support may file an affidavit with the court for a revision of the support, unless the
current judgment or order is based on the percentage standard and is expressed as
a percentage of income or unless less than 33 months have elapsed since the entry
of the current judgment or order. The affidavit must include: facts supporting a
reasonable basis for a substantial change in circumstances; the proposed amount of
support, which must be determined by using the percentage standard; the number
of children to be supported under the revised judgment or order; and the payer's
current income or earning capacity, if the proposed amount of support is expressed
as a fixed sum or as a combination of a percentage and a fixed sum in the alternative.
The payee must serve the affidavit on the payer, or send it by registered or certified
mail to the payer's last-known address. Upon proof of service on the payer, the court
must send notice to the payer that informs the payer that the court or family court
commissioner may revise the support amount as requested in the affidavit unless the
payer requests a hearing within 30 days.
If the payer does not timely request a hearing, the court or family court
commissioner may revise the support amount as requested in the affidavit if the
affidavit complies with all of the requirements under the statute and demonstrates
to the satisfaction of the court or family court commissioner that the revision in
support is determined in a manner consistent with the statute under current law
that provides for revision of support. If the support is revised, the court must send
the revised order to the payer along with notice that an assignment is in effect for
the new amount of support. If the payer does timely request a hearing, the court or
family court commissioner must hold a hearing and determine, in accordance with
the statute in current law that provides for revision of support, whether the support
should be revised.
Under current law, DHSS must provide agencies of county and tribal
governments that are directed by county or tribal commissions on aging with funds
to provide older individuals with the services of benefit specialists or appropriate
referrals for assistance. Benefit specialists offer information, advice and assistance
that are related to eligibility for and problems with public benefits and services,
health care financing, insurance, housing and other financial and consumer
concerns and refer individuals who are in need of legal representation to legal
resources.
This bill removes the requirement that tribal governments provide benefit
specialist services and the funding for this purpose and requires, instead, that only
counties both receive funding for these services and provide these services to all older
individuals living within the county.
Currently, county departments of social services must submit to DHSS their
plans and contracts for care and services that the county departments will purchase.
DHSS, in turn, must review the contracts and approve them if they are consistent
with DHSS rules and procedures and if state and federal funds are available for their
purposes.
This bill authorizes, rather than requires, DHSS to require county departments
of social services, human services, community programs and developmental
disabilities services to submit contracts for the purchase of care and services to
DHSS for review and approval.
Current law provides a procedure for the involuntary commitment for
treatment of sexually violent persons. A sexually violent person who is committed
for treatment may be placed in an institution for care or may be placed on supervised
release in the community. DHSS is responsible for the costs of evaluating, treating
and caring for sexually violent persons who are committed for treatment. This bill
clarifies that if a sexually violent person is placed on supervised release, DHSS is
responsible for paying for treatment and care provided to the sexually violent person
while he or she is in the community.
Under current law, if a child's birth occurs in or en route to a hospital and if the
child's parents are unmarried, the hospital administrator or certain other persons
must provide the child's mother with a voluntary paternity acknowledgment form
and with a pamphlet that has information about birth certificates.
This bill requires that trained, designated hospital staff provide oral
information to the child's available unmarried parents about the voluntary paternity
acknowledgment form and about the legal significance and benefits of establishing
paternity.
Under current law, a general purpose revenue appropriation to DHSS funds
payments to counties for establishing paternity. Another general purpose revenue
appropriation to DHSS funds assistance to certain counties in establishing paternity
and obtaining child support and payments to Milwaukee County for an additional
family court commissioner. A program revenue appropriation to DHSS that consists
of child support moneys collected for children receiving AFDC funds, among other
things, state incentive payments to counties that meet certain efficiency criteria for
paternity establishment and child support collection. Another program revenue
appropriation to DHSS from the same funding source, (AFDC child support
collections), funds grants to counties for programs to revise child support orders.
This bill provides one single program revenue appropriation to DHSS for
payments to counties for all activities related to child support establishment and
collection, funded entirely from AFDC child support collections.
This bill eliminates a program in DHSS to conduct a statewide elder abuse
awareness campaign.
This bill directs DHSS to conduct a study, and submit its conclusions and
recommendations to DOA and JCF by December 1, 1995, on limiting licenses issued
by the state for failure to pay child or family support. DHSS must address such
issues as: what licenses are amenable to limitation; what types of limitations are
feasible; how to implement such a program; the cost of administering such a
program; and the estimated increase in support collections from such a program.
Insurance
Under current law, the commissioner of insurance may by rule prescribe
educational prerequisites and set continuing education standards for insurance
intermediaries (generally, insurance agents). The commissioner may also suspend
the license of an intermediary who fails to produce evidence of compliance with any
continuing education standards set by the commissioner.
This bill authorizes the commissioner to approve organizations that may offer
prelicensing or continuing education courses or programs, for an initial fee not
exceeding $500 and an annual renewal fee not exceeding $100, and to approve the
courses that an approved organization may offer, for a fee not exceeding $25 per
credit hour. The bill also provides that if an intermediary whose license is suspended
for failure to produce evidence of compliance with continuing education standards
produces such evidence within 60 days after the license is suspended, the license is
reinstated, effective on the date of the suspension. If the intermediary does not
produce evidence of compliance within 60 days, however, the license is revoked and
the intermediary must satisfy all original licensing requirements to be relicensed.
Under current law, every business corporation, including a nonprofit
corporation, and every limited partnership must maintain in this state a registered
agent for service of process. Current law does not require insurers to maintain a
registered agent for service of process. Service is made on the commissioner of
insurance or, if a legal proceeding is brought by the state, on the secretary of state.
The commissioner or secretary of state must send a copy of the process by certified
mail to the person served at the person's last-known principal place of business,
residence or post-office address. The fee for service on the commissioner is $5.
This bill requires every insurer to maintain in this state a registered agent for
service of process, whose name and address must be filed with the commissioner. If
an insurer fails to maintain an agent or if the agent cannot be found, substituted
service may be made on the commissioner, or on the secretary of state if the action
is brought by the state. If substituted service is made, the commissioner or the
secretary of state must follow the same procedure as before for mailing the process.
The bill, however, increases the fee for service on the commissioner to $10.
Under current law, the commissioner of insurance collects fees for various
services provided by the office of the commissioner of insurance (OCI). The fees are
used to pay for the general operating costs of OCI. This bill increases the fees for
insurers, rate service organizations and motor clubs for: filing documents required
by law as a prerequisite to operating in this state; issuing a certificate of authority;
annually continuing a certificate of authority; and filing an annual statement. The
bill also creates a fee for certifying copies of a number of types of documents, such as
certificates of authority and annual statements.
Under current law, hospitals must use a uniform accounting system developed
by the office of health care information (OHCI) in OCI and specified in rules
promulgated by the commissioner of insurance. This bill eliminates that
requirement.
Under current law, the activities of OHCI are funded by assessments paid by
hospitals in proportion to gross private-pay patient revenues during the most
recently concluded fiscal year. One of the responsibilities of OHCI is to collect health
care information from health care providers other than hospitals and ambulatory
surgery centers to analyze and disseminate in language that can be understood by
lay persons. General operations of OCI are funded by fees paid by insurers for
various services provided by OCI, such as issuing certificates of authority, filing
annual statements and listing insurance agents.
Under this bill, the responsibility of OHCI to collect, analyze and disseminate
information from health care providers other than hospitals and ambulatory surgery
centers may be funded from OCI's appropriation derived from insurer fees, as well
as from the appropriation for OHCI derived from hospital assessments.
OCI administers the patients compensation fund, the local government
property insurance fund and the state life insurance fund. The patients
compensation fund is derived from assessments paid by certain health care
providers, and the other 2 funds are derived from premiums paid by policyholders
insured under the funds. For each fund there exists an annual appropriation (from
which the unencumbered balance remaining at the end of a fiscal year lapses back
to the fund) for paying the expenses of administering the fund and a continuing
appropriation (from which the balance never lapses) for making the payments for
which the fund was created, such as losses under the property or life insurance
policies and compensation to patients making claims against health care providers.
This bill specifically provides that moneys appropriated under the continuing
appropriation for each of the 3 funds may not be used for expenses related to
administering the fund.
Local government
Shared revenue and property tax credits
This state currently distributes a school levy property tax credit to
municipalities that is based upon each municipality's share of statewide levies for
school purposes. Beginning in 1997, this bill increases the annual amount
distributed under this credit from $319,305,000 to $469,305,000.
Under current law, a small municipality receives, in addition to payments
under the regular shared revenue formula, an additional shared revenue payment
if it has a population of 5,000 or less, a tax rate of at least one mill and the full value
of the property in the municipality meets certain tests. This bill ends funding for
these additional payments after 1995. In 1995, $14,000,000 was appropriated for
those payments.
This bill requires counties to spend shared revenue payments first for circuit
court expenses, for probation and parole hold costs in county jails and for youth
services expenses and 2nd for other costs for which the counties would otherwise levy
property taxes. The bill also requires counties to spend mandate relief payments
first for probation and parole hold costs in county jails and 2nd for costs for which
the counties would otherwise levy property taxes.
Other local government
Under the current tax incremental financing (TIF) program, a city or village
may create a tax incremental district (TID) in part of its territory to foster
development in certain areas that are blighted, in need of rehabilitation or suitable
for industrial sites. Before a city or village may create a TID, several steps and plans
are required, including public hearings on the proposed TID, preparation and
adoption of a project plan for the TID and creation of a joint review board to review
the proposal. The joint review board, which is made up of representatives of the
overlying taxing jurisdictions of the proposed TID, must approve the project plan or
the TID may not be created. If an existing TID project plan is amended by a planning
commission, these steps are also required.
Also under current law, once a TID has been created, the department of revenue
(DOR) calculates the "tax increment base value" of the TID, which is the value of all
taxable property within the TID at the time of its creation equalized for state
purposes. If the development in the TID increases the value of the property in the
TID above the base value, a "value increment" is created. That portion of taxes
collected on the value increment in excess of the base value is called a "tax
increment". The tax increment is placed in a special fund that may be used only to
pay back the costs of the TID, such as public works, financing costs, and professional
service costs. DOR authorizes the allocation of the tax increments until the TID
terminates or 23 years after the TID is created, whichever is sooner. Under current
law, TIDs are required to terminate in most cases once these costs are paid back, 16
years after the last expenditure identified in the project plan is made or when the
creating city or village dissolves the TID, whichever occurs first. Tax increments
generated by a TID may be expended during a period of not more than 7 years.
This bill creates a mechanism by which the planning commission of a city or
village may allocate positive tax increments generated by one TID (the donor TID)
to another TID created by that planning commission (the recipient TID) if certain
conditions are met, including a requirement that the 2 TIDs have the same overlying
taxing jurisdictions. This change applies only to TIDs that are created before
October 1, 1994, and such an allocation may continue for no more than 10 years.
The bill also extends the life span of TIDs that are created before October 1,
1994. For such a TID, the maximum life span is increased from 23 to 27 years, DOR
may allocate tax increments for 27 years instead of 23 years and the maximum time
that the TID may exist after the last expenditure identified in the project plan is
made is 16 years instead of 20 years. The bill does not increase the maximum period
of time during which tax increments may be expended.
Under current law, the state pays to a county that has a county assessor system
either 75% of the costs of the system or 75% of the sum of 0.2 mill multiplied by the
full value of taxable property in the county plus $3.95 multiplied by the number of
parcels of land in the county, whichever is less. Under this bill, the state does not pay
any of the costs of a county assessor system, but a county may charge the cities,
villages and towns in the county for the cost of assessments.
Under current law, most towns may incorporate as a city or village only after
following certain procedures and receiving approval for the incorporation from a
circuit court and from the department of administration (DOA). Also under current
law, if a town wishes to consolidate with another contiguous city, village or town, the
consolidation may not take effect unless a circuit court and DOA find that the
proposed consolidation is in the public interest. Town territory that is contiguous to
any city or village may be annexed to that city or village under several methods,
including direct annexation and annexation by referendum. Under both of these
methods, in a county with a population of at least 50,000, DOA is authorized to advise
whether the proposed annexation is against the public interest. Upon receiving such
notice, the annexing municipality is required to review DOA's advice before final
action is taken.
This bill transfers all of these incorporation and boundary review functions
from DOA to the department of development (DOD), effective on July 1, 1996.
Currently, public records not stored in hard copy format may be transferred to
microfilm or optical disk format only. This bill authorizes local government records
to be transferred to or maintained in optical disk or electronic format subject to rules
promulgated by DOA.
Natural resources
Fish, game and wildlife
This bill changes the fees charged by the department of natural resources
(DNR) for certain fish and game licenses, permits, stamps and duplicate licenses.
The bill increases the fees for the following:
1. All hunting licenses and permits except bonus deer hunting permits.
2. All recreational fishing licenses except sturgeon spearing licenses.
3. Sports licenses and conservation patron licenses.
4. Commercial fishing licenses, except for licenses that authorize fishing for
only rough fish in outlying waters under contract with DNR.
5. Duplicates for hunting licenses, fishing licenses, sports licenses and
conservation patron licenses.
The bill decreases the fees for most fishing and hunting stamps, except the bill
increases the fee for the waterfowl hunting stamp.
Currently, a conservation patron license confers on its holder the privileges of
most of the state's fish and game licenses and allows a licensee to use a state park,
state trail or other related areas without having to pay an admission fee. A sports
license confers on its holder the privileges of the resident small game hunting, deer
hunting and fishing licenses. Under current law, only residents may purchase these
licenses. This bill allows both residents and nonresidents to purchase these licenses.
Nonresidents must pay a higher fee than residents.
Under current law, a wildlife damage surcharge is imposed on the fee for sports
licenses but no wildlife damage surcharge is imposed on conservation patron
licenses. This bill imposes a wildlife damage surcharge on the conservation patron
license and raises the surcharge on the sports license.
