1997 Wisconsin Act 237

237,725m Section 725m. 1997 Wisconsin Act 27, section 9256 (3x) (b) 2. is repealed.

237,725s Section 725s. 1997 Wisconsin Act 27, section 9256 (3x) (c) 2. is repealed.

237,726m Section 726m. 1997 Wisconsin Act 27, section 9256 (3x) (d) is repealed.

237,727e Section 727e. 1997 Wisconsin Act 27, section 9256 (3x) (e) is repealed.

237,727g Section 727g. 1997 Wisconsin Act 27, section 9437 (7eq) is amended to read:

[1997 Wisconsin Act 27] Section 9437 (7eq) Tire waste. The repeal of section 20.370 (2) (da) of the statutes takes effect on June 30, 1999 2000.

237,727j Section 727j. 1997 Wisconsin Act 27, section 9453 (2m) is repealed.

237,727m Section 727m. 1997 Wisconsin Act 68, section 13 (intro.) is amended to read:

[1997 Wisconsin Act 68] Section 13 (intro.) This act takes effect on the first day of the 9th 12th month beginning after publication, except as follows:

237,727p Section 727p. 1997 Wisconsin Act 113, section 40 is repealed.

237,727t Section 727t. 1997 Wisconsin Act 119, section 5 (1) is repealed.

237,9101 Section 9101. Nonstatutory provisions; administration.

(1x) Wisconsin sesquicentennial commission; general program operations overpayment adjustment. On July 1, 1999, the secretary of administration shall determine the sum of moneys credited to the appropriation account under section 20.525 (1) (gm) of the statutes and of moneys transferred from the appropriation account under section 20.395 (5) (qt) of the statutes, as created by this act, to the appropriation account under section 20.525 (1) (k) of the statutes, as affected by this act. Notwithstanding section 25.72 (2) of the statutes, if that sum exceeds $4,150,000, the secretary of administration shall transfer from the historical legacy trust fund to the transportation fund the lesser of the following amounts:

(a) The amount by which the sum determined by the secretary of administration under this subsection exceeds $4,150,000.

(b) The amount transferred from the appropriation account under section 20.395 (5) (qt) of the statutes, as created by this act, to the appropriation account under section 20.525 (1) (k) of the statutes, as affected by this act.

(1z) Wisconsin promise challenge grants.

(a) Definitions. In this subsection:

1. “Countywide consortium" means a combination of individuals, public agencies, nonprofit organizations and other persons who have agreed to participate in a joint effort to coordinate and document progress within the county in which those individuals, public agencies, nonprofit organizations and other persons operate toward providing the 5 fundamental resources to underserved youth in that county.

2. “Five fundamental resources" means resources intended to mentor, nurture, protect, teach and serve.

3. “Nonprofit organization" means a nonprofit corporation that is organized under chapter 181 of the statutes, or an organization described in section 501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

4. “Public agency" means a county, city, village, town, school district or technical college district or an agency of this state or of a county, city, village, town, school district or technical college district.

5. “Underserved youth" means a person under 26 years of age who could benefit from, but who is not receiving, a majority of the 5 fundamental resources.

(b) Purpose of grants. From the appropriation under section 20.505 (4) (fm) of the statutes, as created by this act, the national and community service board shall award grants, in the amounts specified in paragraph (c), to countywide consortiums to assist those countywide consortiums in coordinating and documenting progress within their counties toward reaching the goal of providing the 5 fundamental resources to underserved youth.

(c) Amount of grants. The national and community service board shall determine the amount of a grant awarded under paragraph (b) based on the number of underserved youth who are to receive the 5 fundamental resources as a result of the countywide consortium's efforts under paragraph (f). The national and community service board shall award the following amounts based on the following numbers of underserved youth targeted by a countywide consortium:

1. Three thousand dollars, if the number of underserved youth targeted by the countywide consortium is 100 or less.

2. Four thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 100, but less than 251.

3. Five thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 250, but less than 501.

4. Six thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 500, but less than 1,001.

5. Eight thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 1,000, but less than 2,001.

6. Ten thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 2,000, but less than 4,001.

7. Twelve thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 4,000, but less than 8,001.

8. Fifteen thousand dollars, if the number of underserved youth targeted by the countywide consortium is greater than 8,000.

(d) Matching requirement.

1. The national and community service board may award a grant under paragraph (b) only to a countywide consortium that agrees to match the grant, in cash, in an amount this is not less than 200% of the grant amount received.

2. Each grant application shall include proof of the ability of the countywide consortium to comply with subdivision 1.

(e) Grant application; information required. Each countywide consortium that applies for a grant under paragraph (b) shall include in its grant application the number of underserved youth who are to receive the 5 fundamental resources as a result of the countywide consortium's efforts under paragraph (f). A grant application shall also include the identity of each individual, public agency, nonprofit organization and other person who is a participant in the countywide consortium, a plan to accomplish all of the tasks specified in paragraph (f) and the identity of the fiscal agent under paragraph (g).

(f) Use of grant moneys and matching funds. A countywide consortium that is awarded a grant under paragraph (b) shall use the grant moneys awarded under paragraph (b) and the matching funds committed under paragraph (d) 1. to accomplish all of the following tasks:

1. Identify, to the best of the countywide consortium's ability, all individuals, public agencies, nonprofit organizations and other persons who are providing at least one of the 5 fundamental resources in the county of the countywide consortium on the date on which the grant money is received.

2. Identify, to the best of the countywide consortium's ability, all individuals, public agencies, nonprofit organizations and other persons who are providing at least one of the 5 fundamental resources in the county of the countywide consortium between the date on which the grant money is received and January 1, 2000.

3. Decide upon a coordinated plan to provide, by January 1, 2000, the 5 fundamental resources to not less than the number of underserved youth targeted by the countywide consortium in its grant application.

4. Identify, to the best of the countywide consortium's ability, all individuals, public agencies, nonprofit organizations and other persons in the county of the countywide consortium who want to receive training or technical assistance in any of the following areas:

a. Involving underserved youth in meaningful ways in the countywide consortium's efforts to provide the 5 fundamental resources to those underserved youth.

b. Recruiting and coordinating volunteers.

c. Developing ideas on how to provide the 5 fundamental resources to underserved youth.

5. Coordinate the training and technical assistance specified in subdivision 4. and to ensure that the training and technical assistance is provided by competent volunteers or professionals.

6. Document the number of underserved youth who receive any of the 5 fundamental resources as a result of the countywide consortium's efforts, which of the 5 fundamental resources are being provided to those underserved youth as a result of those efforts and, to the best of the countywide consortium's ability, the positive outcomes for those underserved youth that are the result of those efforts.

(g) Fiscal agent; reporting. Each countywide consortium that applies for a grant under paragraph (b) shall identify a fiscal agent who shall receive, manage and account for the grant moneys awarded under paragraph (b) and the matching funds committed under paragraph (d) 1. and who shall provide to the national and community service board the following reports detailing the progress of the countywide consortium in accomplishing the tasks specified in paragraph (f):

1. A semiannual report that is due by the first day of the 6th month beginning after the date on which the grant money is received.

2. An annual report that is due by the first day of the 12th month beginning after the date on which the grant money is received.

3. A final report that is due by January 1, 2000.

(h) Capacity building. The national and community service board may expend any moneys in the appropriation account under section 20.505 (4) (fm) of the statutes, as created by this act, that are not awarded as grants under paragraph (b) to build the capacity of individuals, public agencies, nonprofit organizations and other persons to provide the 5 fundamental resources to underserved youth by contracting for the provision of the training and technical assistance specified in paragraph (f) 4.

(i) Sunset. This subsection does not apply after December 31, 1999.

237,9105 Section 9105.1 Nonstatutory provisions; arts board.

(1n) Historic theatre renovation grant.

(a) From the appropriation under section 20.215 (1) (b) of the statutes, as affected by this act, the arts board shall make a grant of not less than $100,000 in fiscal year 1998-99 to a nonprofit organization that acquired ownership of a historic theatre within the preceding 10 years for a project that consists of facade restoration and exterior stabilization of the historic theatre if the total estimated cost of the project is $500,000 or more and the nonprofit organization contributes matching funds for at least 50% of the estimated total cost of the project. The maximum grant under this paragraph may not exceed $450,000.

(b) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 1999-2001 biennial budget bill, the arts board shall submit information concerning the appropriation account under section 20.215 (1) (b) of the statutes, as affected by this act, as though the increase in the dollar amount of that appropriation by Section 9205 (1n) of this act had not been made.

237,9109 Section 9109. 0Nonstatutory provisions; circuit courts.

(1) Termination of parental rights.

(a) Continuing need of protection or services.

1. Notwithstanding section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights on the grounds specified in section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, unless the parent against whom the petition is filed has received the notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (b) 2. and (c) of the statutes, as affected by this act, and 6 months or longer have elapsed since the date of that notice.

2. Subdivision 1. does not preclude a person from filing a petition under section 48.42 (1) of the statutes for termination of parental rights over a child on the grounds specified in section 48.415 (2) (b) 2. and (c), 1995 stats., against a parent who has received notice under section 48.356 (2) or 938.356 (2) of the statutes of the grounds for termination of parental rights under section 48.415 (2) (b) 2. and (c), 1995 stats., if 6 months or longer have elapsed since the date of that notice.

(b) Children currently in out-of-home care. In each county, the agency, as defined in section 48.40 (1) of the statutes, or the district attorney, corporation counsel or other appropriate official designated under section 48.09 of the statutes, whoever is responsible for prosecuting termination of parental rights petitions in that county, shall implement section 48.417 of the statutes, as created by this act, with respect to children in the county who, on November 17, 1997, are in the status described in section 48.417 (1) (a) of the statutes, as created by this act, according to the following time schedule:

1. By July 1, 1999, the agency, district attorney, corporation counsel or other appropriate official shall file or join in a termination of parental rights petition as required under section 48.417 (1) (intro.) of the statutes, as created by this act, with respect to not less than 33% of those children, giving priority to children whose permanency plan under section 48.38 or 938.38 of the statutes calls for adoption and to the children who have been in out-of-home care for the longest period of time.

2. By January 1, 2000, the agency, district attorney, corporation counsel or other appropriate official shall file or join in a termination of parental rights petition as required under section 48.417 (1) (intro.) of the statutes, as created by this act, with respect to not less than 67% of those children.

3. By July 1, 2000, the agency, district attorney, corporation counsel or other appropriate official shall file or join in a termination of parental rights petition as required under section 48.417 (1) (intro.) of the statutes, as created by this act, with respect to all of those children.

(c) Commission of serious felony against the person's child. Notwithstanding section 48.415 (9m) (b) of the statutes, as affected by this act, no person may file a petition under section 48.42 (1) of the statutes for termination of parental rights under section 48.415 (9m) (b) of the statutes, as affected by this act, based on a finding made before the effective date of this paragraph that a parent has committed a violation of section 940.19 (2), (3), (4) or (5) of the statutes or of the law of any other state or federal law that would be a violation of section 940.19 (2), (3), (4) or (5) of the statutes if committed in this state.

237,9110 Section 9110. Nonstatutory provisions; commerce.

(1) Grant for distance education center.

(a) In this subsection:

1. “Consortium" means an association of a business and a higher educational institution.

2. “Department" means the department of commerce.

3. “Secretary" means the secretary of commerce.

(b) The department may make a grant of not more than $500,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a consortium for the purpose of establishing a distance education center for instruction in technology and engineering if all of the following apply:

1. The consortium is located in Eau Claire County.

2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

3. The consortium enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

4. The consortium agrees in writing to submit to the department the report required under paragraph (c ) by the time required under paragraph (c).

(c) If a consortium receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

(d) The department may not pay grant proceeds under this subsection after June 30, 1999.

(2f) Grant for business conference center.

(a) In this subsection:

1. “Department" means the department of commerce.

2. “Secretary" means the secretary of commerce.

(b) The department may make a grant of not more than $200,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a technical college for the purpose of constructing a business conference center at the technical college for instruction in advanced technology and customized training if all of the following apply:

1. The technical college is located in Chippewa County.

2. The technical college contributes sufficient funds from other sources to complete the construction project.

3. The technical college submits a plan to the department detailing the proposed use of the grant and the amounts and sources of other funding and the secretary approves the plan.

4. The technical college enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

5. The technical college agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c).