1997 Wisconsin Act 237

(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).

(c) If a technical college 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.

237,9111 Section 9111. Nonstatutory provisions; corrections.

(1) Computer recycling inmate employment program. The authorized FTE positions for the department of corrections are increased by 4.0 PR one-year project positions on July 1, 1998, to be funded from the appropriation under section 20.410 (1) (kx) of the statutes for the purpose of refurbishing and recycling used computers.

(1w) Request for additional funding for food services for the Racine Youthful Offender Correctional facility. At the time that the actual costs of contracting for the provision of food services for the Racine Youthful Offender Correctional Facility are known and if the department of corrections is able to demonstrate that amounts appropriated to the department for fiscal years 1997-98 and 1998-99 under section 20.410 (1) (a) of the statutes are insufficient to carry out the purposes for which appropriated, the department shall make a request under section 13.10 of the statutes to the joint committee on finance asking the committee to supplement the appropriation under section 20.410 (1) (a) of the statutes by the amounts necessary, not exceeding $117,300 in fiscal year 1997-98 and $645,700 in fiscal year 1998-99, to provide food services for the Racine Youthful Offender Correctional Facility.

(1x) Correctional officer salary costs. The department of corrections may request that the joint committee on finance supplement, from the appropriation under section 20.865 (4) (a) of the statutes, correctional officer salary costs of the department for the 1998-99 fiscal year in an amount not to exceed $1,729,600. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the department's submission, the appropriations shall be supplemented as provided in the request. If, within 14 working days after the date of the department's submission, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the appropriations shall be supplemented only upon approval of the committee. Notwithstanding section 13.101 (3) (a) 1. of the statutes, the joint committee on finance may supplement, from the appropriation under section 20.865 (4) (a) of the statutes, salary costs of the department for the 1998-99 fiscal year without a finding that an emergency exists.

(2w) Agency request relating to Oakhill Correctional Institution. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 1999-2001 biennial budget bill, the department of corrections shall submit information concerning the appropriation under section 20.410 (1) (f) of the statutes as though the amounts appropriated to the department under that appropriation for fiscal year 1998-99 were $26,400 less than the amounts in the schedule.

(2z) Agency request relating to rent. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 1999-2001 biennial budget bill, the department of corrections shall submit information concerning the appropriation under section 20.410 (1) (a) of the statutes as though the amounts appropriated to the department under that appropriation for fiscal year 1998-99 were $12,600 less than the amounts in the schedule.

237,9120 Section 9120. Nonstatutory provisions; governor.

(1) Child's first book initiative. From the appropriation under section 20.525 (1) (a) of the statutes, the governor may expend not more than $45,000 in fiscal year 1998-99 for a child's first book initiative. The governor may contract with a state agency, as defined in section 20.001 of the statutes, to administer the initiative. The state agency contracted with shall acquire children's books and send those books to the parents of newborn children to encourage those parents to read to their children and thereby stimulate the intellectual development of those children.

237,9122 Section 9122. Nonstatutory provisions; health and family services.

(1) Medicare rural hospital flexibility program. The department of health and family services shall apply to the federal government to establish a medicare rural hospital flexibility program, as authorized under 42 USC 1395i-4 (b).

(3) Family care.

(a) By July 31, 1998, the department of health and family services shall submit final drafting instructions to the legislative reference bureau for proposed legislation to initiate establishing, on July 1, 2000, a new system under which long-term care is provided to elderly and adult disabled individuals. The drafting instructions for the system shall be for services to these individuals that include all of the following:

1. The establishment of a single consumer entry point for long-term care services for a county or tribal area, to provide information on aging, disability and services for long-term care and to perform functional and financial screening for and collect information about individuals.

2. A needs-oriented, individualized long-term care benefit that covers a full array of services and support items.

3. Simplified and uniform eligibility for a long-term care, publicly funded subsidy, based on functional ability and ability to pay.

4. A care management organization that provides services that are tailored to individual needs and preferences in a cost-effective manner, including the option for the consumer or the consumer's family to direct services.

5. Combined federal, state and local funding, within the limits of federal law, that is designated for each consumer and applies regardless of change of the consumer's service setting or his or her residence within the state.

6. Prepaid funding to counties or other entities for care management and delivery of services, based on average per person costs for consumers at various disability levels.

7. Coordination of long-term care with primary and acute health care services.

8. Meaningful involvement of consumers, family members and guardians in the design, implementation and ongoing policy direction of the long-term care system.

9. The right of a county or tribe to opt or decline the option to be the single entry point for long-term care services or a care management organization for the area of the county's or tribe's jurisdiction, if the county or tribe meets established performance standards.

(b) The department of health and family services shall in an expeditious manner, request any waivers of federal laws that would be necessary to effectively implement, on July 1, 2000, the long-term care system described in paragraph (a).

(c) In preparing drafting instructions for proposed legislation, as specified in paragraph (a ), the department of health and family services shall take into consideration the recommendations of a steering committee that is appointed by the secretary of health and family services. The steering committee shall include long-term care consumers, family members of elderly and disabled adult individuals and leaders from state governmental, advocacy and long-term care service provider organizations.

(3t) Rules for expediting medical assistance eligibility determinations. Using the procedure under section 227.24 of the statutes, the department of health and family services shall promulgate rules required under section 49.45 (2) (a) 24. of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.45 (2) (a) 24. of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(3ty) Neonatal intensive care unit training grants.

(a) In this subsection:

1. “Developmentally supportive and family-centered care" includes all of the following:

a. Caregiving that is individualized, flexible and responsive to each infant, based on continuous skillful monitoring of the infant's behavioral and physiologic responses.

b. Modifications to the caregiving environment to minimize infant stress and promote optimal infant adjustment to his or her neonatal intensive care unit experience.

c. Support of the developing parent or family and infant relationship throughout the infant's neonatal intensive care unit stay and after discharge, using strategies that focus on developing parental competence in infant care through parental education, support and guidance in the practice of appropriate care.

2. “High-risk infant" means a neonatal child who has or is at risk of having serious physical disorders, biological complications or developmental impairment.

3. “Hospital" has the meaning given in section 50.33 (2) of the statutes.

4. “Neonatal" means within 4 weeks after birth.

5. “Neonatal intensive care unit" means a hospital unit in which are concentrated special equipment and skilled medical personnel for the care of high-risk infants requiring immediate or continuous attention.

(b) From the appropriation under section 20.435 (5) (er) of the statutes, the department of health and family services shall distribute up to $170,000 in each fiscal year to provide up to 10 grants to applying public or private hospitals to pay for specialized training and on-site consultation and support of medical personnel of neonatal intensive care units in the principles and practice of developmentally supportive and family-centered care for high-risk infants and their families. An individual who has demonstrated proficiency in training professional caregivers in developmentally supportive and family-centered care shall provide the training and consultation.

(c) The department of health and family services shall promulgate all of the following rules to implement this section:

1. Establishing the criteria and procedures for the awarding of grants under paragraph (b).

2. Defining “specialized training and on-site consultation and support". The rule shall include a minimum of 40 hours of formal training and 160 hours of practice work.

(3tz) Emergency rules for neonatal intensive care unit training grants. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules defining “specialized training and on-site consultation and support" and regarding criteria and procedures for awarding grants under the neonatal intensive care unit training grant program under subsection (3ty) for the period before the effective date of the permanent rules promulgated under subsection (3ty) (c), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(4) Pilot project for county or tribal management of long-term care programs. From the appropriation under section 20.435 (6) (a) of the statutes, the department of health and family services shall contract in fiscal year 1998-99 with counties or tribes under a pilot project to demonstrate the ability of counties or tribes to manage all long-term care programs under a long-term care management organization.

(4d) Kinship care eligibility rules. The department of health and family services shall submit in proposed form the rules required under section 48.57 (3m) (ar) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than January 1, 1999.

(4e) Caretaker supplement for recipients of supplemental security income.

(a) Restriction on use of funds. The department of health and family services may not expend any moneys from the appropriation account under section 20.435 (7) (ed) of the statutes, as affected by this act, for the purpose of providing payments under section 49.775 of the statutes, as affected by this act, unless the department of health and family services receives official notification from the federal social security administration that states all of the following:

1. The portion of the payments made under section 49.775 of the statutes, as affected by this act, from general purpose revenue are considered state supplemental payments for the purpose of satisfying the maintenance-of-effort requirement under 42 USC 1382g.

2. The portion of the payments made under section 49.775 of the statutes, as affected by this act, from federal funds received under the federal temporary assistance for needy families block grant are not considered income for recipients of federal supplemental security income.

(b) Request for funds. If the department of health and family services determines that it does not have sufficient funds available to make payments under section 49.775 of the statutes, as affected by this act, the secretary of health and family services shall submit to the secretary of administration a request to transfer funds from the appropriation account under section 20.445 (3) (md) of the statutes to the appropriation account under section 20.435 (7) (ky) of the statutes in an amount sufficient to make the payments required under section 49.775 of the statutes, as affected by this act. The secretary of administration shall submit the request to the cochairpersons of the joint committee on finance. If within 14 days after the submittal of the request the cochairpersons do not notify the secretary of administration in writing that a meeting has been scheduled for the purpose of reviewing the request, the secretary of administration shall transfer the requested funds from the appropriation account under section 20.445 (3) (md) of the statutes to the appropriation account under section 20.435 (7) (ky) of the statutes.

(5k) Nursing home surveillance. The authorized FTE positions for the department of health and family services are increased by 0.5 FED position on January 1, 1999, to be funded from the appropriation under section 20.435 (6) (n) of the statutes, for the purpose of performing nursing home surveillance.

(5t) Provision of dental services by the Marquette University School of Dentistry. The department of health and family services may not expend or encumber from the appropriation account under section 20.435 (5) (de) of the statutes $60,500 in each of fiscal years 1997-98 and 1998-99 for the provision of dental services by the Marquette University School of Dentistry under section 250.10 of the statutes in the Southside Guadalupe Dental Clinic. The department of health and family services shall, instead, expend from that appropriation account up to $60,500 in fiscal year 1997-98, and $60,500 in fiscal year 1998-99, for the provision of dental services by the Marquette University School of Dentistry under section 250.10 of the statutes in any other dental clinic in the city of Milwaukee.

237,9124 Section 9124.2 Nonstatutory provisions; historical society.

(1c) Director of H.H. Bennett Studios. The authorized FTE positions for the historical society are increased by 1.0 GPR position on January 1, 1999, to be funded from the appropriation under section 20.245 (2) (bj) of the statutes, as created by this act, for the directorship of the H.H. Bennett Studios. The historical society may not expend funds from the appropriation specified in this subsection in fiscal year 1998-99 without the approval of the secretary of administration.

237,9128 Section 9128. Nonstatutory provisions; joint committee on finance.

(1x) Wisconsin sesquicentennial commission supplement. Notwithstanding section 13.101 (3) (a) of the statutes, the joint committee on finance is not required to find that an emergency exists to supplement the appropriation under section 20.395 (5) (qt) of the statutes, as created by this act.

237,9131 Section 9131.1 Nonstatutory provisions; legislature.