Amendment ASA1-AB100

AB100-ASA1, s. 1079 Section 1079. 45.42 (1) of the statutes is amended to read:

AB100-ASA1,635,9 45.42 (1) The department may compile a record of the burial places within the state of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal meet the definition of a "veteran" under s. 45.35 (5) (a). The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.

AB100-ASA1, s. 1080 Section 1080. 45.42 (2) of the statutes is amended to read:

AB100-ASA1,635,23 45.42 (2) The department may have blank forms prepared whereby the information required for the record may be transmitted to it and may distribute the forms to county veterans' service officers. The county veterans' service officer within whose county and cemetery or burial place is located in which are interred the bodies of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal meet the definition of a "veteran" under s. 45.35 (5) (a) shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.

AB100-ASA1, s. 1385m Section 1385m. 45.43 (7) (a) of the statutes is amended to read:

AB100-ASA1,636,14 45.43 (7) (a) Each county may annually apply to the department for a grant for the improvement of service to former military personnel of the county through the county veterans' service office. A county may not allocate any portion of a grant for use by another county department nor may the county reduce funding to a county veterans' service office based upon receipt of a grant. The county veterans' service officer of any county applying for the grant shall enter into an agreement with the department. The agreement shall state the goals and objectives to be attained by the county veterans' service office during the remainder of the year covered by the grant application. The department shall prepare the basic form of this agreement in consultation with the county veterans' service officers association and provide a copy and an explanation of that agreement to each county veterans' service officer. The department shall develop reasonable budget and operating standards to assure improved services, but full operating control of the county office shall be left to each county.

AB100-ASA1, s. 1081 Section 1081. 45.43 (7) (b) of the statutes is amended to read:

AB100-ASA1,637,6 45.43 (7) (b) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.52 (8). An eligible county initially applying for a grant after August 9, 1989, shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000 The grant shall be $8,500 for a county with a population of under 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999 and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this paragraph.

AB100-ASA1, s. 1082 Section 1082. 45.52 of the statutes is amended to read:

AB100-ASA1,637,15 45.52 Physical disability does not disqualify for public employment. A veteran, as defined under s. 45.37 (1a) 45.35 (5) (a), who has suffered a physical disability as a direct result of military or naval service shall not on that account be barred from employment in any public position or employment whether under state, county or municipal civil service or otherwise, if the licensed physician making a physical examination of the veteran for the public employer certifies that the applicant's disability will not materially handicap the veteran in the performance of the duties of the position.

AB100-ASA1, s. 1083 Section 1083. 45.71 (9) (b) of the statutes is amended to read:

AB100-ASA1,637,18 45.71 (9) (b) Unless temporary in nature and except as provided under s. 45.79 (2m) or 45.85, pensions and disability compensation shall be considered income.

AB100-ASA1, s. 1084 Section 1084. 45.71 (16) (a) 1m. e. of the statutes is created to read:

AB100-ASA1,637,25 45.71 (16) (a) 1m. e. Has served on active duty in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.

AB100-ASA1, s. 1085 Section 1085. 45.74 (1) of the statutes is repealed.

AB100-ASA1, s. 1086 Section 1086. 45.74 (7) of the statutes is created to read:

AB100-ASA1,638,8 45.74 (7) Price-of-home limitation. The price of the home exceeds 2.5 times the median price of a home in this state if the person is applying for a loan for the purchase of a home. The department shall promulgate a rule establishing the median price of a home in this state for each fiscal year that is determined by using the most recent housing price index generated by the Wisconsin Realtors Association before July 1.

AB100-ASA1, s. 1087 Section 1087. 45.745 (1) of the statutes is repealed.

AB100-ASA1, s. 1088 Section 1088. 45.76 (1) (c) 1. of the statutes is renumbered 45.76 (1) (c).

AB100-ASA1, s. 1089 Section 1089. 45.76 (1) (c) 2. of the statutes is repealed.

AB100-ASA1, s. 1090 Section 1090. 45.79 (2m) of the statutes is repealed.

AB100-ASA1, s. 1091 Section 1091. 45.79 (3) (a) (title) of the statutes is amended to read:

AB100-ASA1,638,14 45.79 (3) (a) (title) First or 2nd mortgage or guarantor required.

AB100-ASA1, s. 1092 Section 1092. 45.79 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1,639,10 45.79 (3) (a) 1. Each loan made under this section , except a loan of $3,000 or less for a purpose specified under s. 45.76 (1) (c), shall be evidenced by a promissory instalment note and secured by a mortgage on the real estate in respect to which the loan is granted. A loan of $3,000 or less made for a purpose specified under s. 45.76 (1) (c) shall be evidenced by a promissory instalment note and shall be secured by a guarantor or by a mortgage on the real estate in respect to which the loan is granted. Any loan having as its source funds provided through sub. (6) (a) and secured by a mortgage shall have the mortgage name the department as mortgagee and payee. Any loan having as its source funds provided through sub. (6) (b) and secured by a mortgage shall have the mortgage name the authorized lender involved as mortgagee and payee, and such mortgage and note shall be assigned by the authorized lender to the authority immediately upon execution. A mortgage securing a loan made for a purpose specified in s. 45.76 (1) (a), (b) or (d) must have priority over all liens against the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of the mortgage. A mortgage securing a loan made for a purpose specified under s. 45.76 (1) (c) may be junior and subject to not more than one prior mortgage, and, except for that prior mortgage, must have priority over all liens against the mortgaged premises and the buildings and improvements on those premises, except tax and special assessment liens filed after the recording of the mortgage.

AB100-ASA1, s. 1093 Section 1093. 45.79 (6) (a) 2. of the statutes is amended to read:

AB100-ASA1,639,15 45.79 (6) (a) 2. The chairperson of the board shall certify that the chairperson does not expect proceeds of state debt issued under this paragraph to be used in a manner that would cause the debt to be arbitrage bonds as defined by the internal revenue code, where that debt is a bond that is exempt from federal taxation.

AB100-ASA1, s. 1094 Section 1094. 45.79 (6) (c) 2. of the statutes is amended to read:

AB100-ASA1,639,21 45.79 (6) (c) 2. The chairperson of the board shall certify that the board and the department do not expect and shall not use proceeds of revenue obligations issued under this paragraph in a manner that would cause the revenue obligations to be arbitrage bonds as defined in the U.S. internal revenue code, where that debt is a bond that is exempt from federal taxation.

AB100-ASA1, s. 1095 Section 1095. 45.79 (7) (a) (intro.) of the statutes is amended to read:

AB100-ASA1,640,10 45.79 (7) (a) (intro.) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations and interest earnings accruing thereon, any repayment of moneys borrowed under s. 45.356 (9) (a) and any moneys deposited or transferred under s. 18.04 (6) (b) or (d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under sub. (6) (a) or to fund, refund or acquire public debt as provided in s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:

AB100-ASA1, s. 1096 Section 1096. 45.79 (7) (a) 9. of the statutes is created to read:

AB100-ASA1,640,13 45.79 (7) (a) 9. To loan money to the veterans trust fund, upon prior approval of the building commission for each loan, for the purposes under s. 45.356.

AB100-ASA1, s. 1097 Section 1097. 45.79 (7) (c) (intro.) of the statutes is renumbered 45.79 (7) (c) and amended to read:

AB100-ASA1,640,19 45.79 (7) (c) After meeting all expenses and providing for reserves under par. (a) 3., balances assets in the veterans mortgage loan repayment fund, upon prior approval of the building commission, may be used for the following purposes: transferred to the veterans trust fund and used to fund loans under s. 45.356.

AB100-ASA1, s. 1098 Section 1098. 45.79 (7) (c) 1. to 4. of the statutes are repealed.

AB100-ASA1, s. 1099 Section 1099. 46.023 (1) (title) of the statutes is repealed.

AB100-ASA1, s. 1100 Section 1100. 46.023 (1) of the statutes is renumbered 46.023, and 46.023 (intro.), as renumbered, is amended to read:

AB100-ASA1,641,3 46.023 (title) Milwaukee child welfare partnership council and advisory committees. (intro.) The Milwaukee child welfare partnership council shall do all of the following:

AB100-ASA1, s. 1101 Section 1101. 46.023 (2) of the statutes is repealed.

AB100-ASA1, s. 1406g Section 1406g. 46.027 of the statutes is created to read:

AB100-ASA1,641,11 46.027 Contract powers. (1) Religious organizations; Legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB100-ASA1,641,20 (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18 of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.

AB100-ASA1,641,25 (3) Religious character and freedom. (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB100-ASA1,642,3 (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB100-ASA1,642,12 (4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.

AB100-ASA1,642,16 (5) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

AB100-ASA1,642,20 (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

AB100-ASA1,642,24 (7) Fiscal accountability. (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB100-ASA1,643,3 (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.

AB100-ASA1,643,6 (8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.

AB100-ASA1,643,9 (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.

AB100-ASA1,643,13 (10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

AB100-ASA1, s. 1406m Section 1406m. 46.03 (1) of the statutes is amended to read:

AB100-ASA1,643,17 46.03 (1) Institutions governed. Maintain and govern the Mendota and the Winnebago mental health institutes; and the centers any center for the developmentally disabled established by the department.

AB100-ASA1, s. 1102 Section 1102. 46.03 (7) (bm) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-ASA1,644,6 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity shall be released to the department of workforce development or its designee a county child support agency under s. 59.07 (97) 59.53 (5) without a court order upon the request of the department of workforce development or its designee a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by any other person with a direct and tangible interest in the record.

AB100-ASA1, s. 1103 Section 1103. 46.03 (7) (e) of the statutes is created to read:

AB100-ASA1,644,11 46.03 (7) (e) Administer child welfare services as described in s. 48.48 (17) in a county having a population of 500,000 or more. The requirement of statewide uniformity with respect to the organization and governance of human services does not apply to the administration of child welfare services under this paragraph.

AB100-ASA1, s. 1104 Section 1104. 46.03 (21) of the statutes is repealed.

AB100-ASA1, s. 1105 Section 1105. 46.03 (38) of the statutes is repealed.

AB100-ASA1, s. 1410m Section 1410m. 46.031 (2r) (a) 4. of the statutes is amended to read:

AB100-ASA1,644,17 46.031 (2r) (a) 4. Is for inpatient treatment in excess of an average of 21 days, as provided in s. 51.423 (12), excluding care for patients at the centers a center for the developmentally disabled.

AB100-ASA1, s. 1106 Section 1106. 46.034 (3) of the statutes is amended to read:

AB100-ASA1,645,16 46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.

AB100-ASA1, s. 1107 Section 1107. 46.036 (5m) (e) of the statutes is amended to read:

AB100-ASA1,646,5 46.036 (5m) (e) Notwithstanding this subsection, the department or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.

AB100-ASA1, s. 1108 Section 1108. 46.037 (1m) of the statutes is amended to read:

AB100-ASA1,646,17 46.037 (1m) Notwithstanding sub. (1), the department, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or, a group of those county departments, or the department and one or more of those county departments, and a residential child care center or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential child care center or group home, if the department, that county department or, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential child care center or group home during the period for which that rate is effective. A residential child care center or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.

AB100-ASA1, s. 1415m Section 1415m. 46.048 of the statutes is amended to read:

AB100-ASA1,647,3 46.048 (title) Central Wisconsin center Centers for the developmentally disabled. There is established a new institution to be located near the city of Madison and to be known as the central Wisconsin center The department shall establish one or more centers for the developmentally disabled. The department, with the approval of the governor, is authorized to purchase lands for a one or more suitable site sites and to erect and equip such buildings as it deems the department considers necessary from funds appropriated for the long-range building program. Such institution Any center for the developmentally disabled when constructed shall be maintained and operated by the department and all laws pertaining to the care of mentally deficient patients shall apply.

AB100-ASA1, s. 1109 Section 1109. 46.057 (1) of the statutes is amended to read:

AB100-ASA1,647,22 46.057 (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03 and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 938.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health and family services, the department of corrections may transfer to the center any juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under s. 938.183 (2), 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) in the same manner that the department of corrections transfers juveniles between other secured correctional facilities.

AB100-ASA1, s. 1110 Section 1110. 46.057 (2) of the statutes is amended to read:

AB100-ASA1,648,6 46.057 (2) From the appropriation account under s. 20.410 (3) (hm), the department of corrections may expend not more than $2,500,000 in fiscal year 1996-97 shall transfer to the appropriation account under s. 20.435 (2) (kx) $3,125,100 in fiscal year 1997-98 and $3,236,200 in fiscal year 1998-99 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services for juveniles under the supervision of the department of corrections who are provided services at the center.

AB100-ASA1, s. 1111 Section 1111. 46.07 of the statutes is amended to read:

AB100-ASA1,648,24 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same 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 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 same 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).

AB100-ASA1, s. 1419m Section 1419m. 46.10 (1) of the statutes is amended to read:

AB100-ASA1,649,5 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB100-ASA1, s. 1420m Section 1420m. 46.10 (2) of the statutes is amended to read:

AB100-ASA1,650,9 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB100-ASA1, s. 1420n Section 1420n. 46.10 (8m) (a) 2. of the statutes is amended to read:

AB100-ASA1,650,16 46.10 (8m) (a) 2. Deduct or remit, through the appropriation under s. 20.435 (2) (gk), all money collected for persons who are ineligible for medical assistance benefits and who lack other means of full payment for care provided on or after January 1, 1982, by centers a center for the developmentally disabled. The deduction or remittance under this subdivision may not exceed the amount chargeable under s. 51.437 (4rm) (c) 2. a.

AB100-ASA1, s. 1420p Section 1420p. 46.10 (14) (a) of the statutes is amended to read:

AB100-ASA1,651,7 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons a person under 18 years of age at a community mental health centers center, a county mental health complex under s. 51.08, the centers a center for the developmentally disabled, the Mendota mental health institute and or the Winnebago mental health institute or for care and maintenance of persons a person under 18 years of age in a residential, nonmedical facilities facility such as a group homes home, foster homes home, treatment foster homes home, child caring institutions and institution or juvenile correctional institutions institution is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

AB100-ASA1, s. 1421m Section 1421m. 46.10 (14) (b) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-ASA1,651,18 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

AB100-ASA1, s. 1422m Section 1422m. 46.10 (14) (e) 1. of the statutes is amended to read: