AB768: Bill Text

AB768,331,2 938.38 (5) (c) 7. Whether reasonable efforts were made by the agency to make it possible for the juvenile to return safely to his or her home, except that the court or panel need not determine whether those reasonable efforts were made with respect to a parent of the juvenile if any of the circumstances specified in s. 938.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 722 Section 722. 938.38 (6) (c) of the statutes is amended to read:

AB768,331,7 938.38 (6) (c) Standards for reasonable efforts to prevent placement of juveniles outside of their homes, while assuring that their health and safety are the paramount concerns, and to make it possible for juveniles to return safely to their homes if they have been placed outside of their homes.

AB768, s. 723 Section 723. 1997 Wisconsin Act 27, section 9132 (1xyg) is amended to read:

AB768,331,14 [1997 Wisconsin Act 27] Section 9132 (1xyg) Study of state centers for the developmentally disabled. The department of health and family services shall conduct a study on the future of the state centers for the developmentally disabled and, by September 1, 1998 March 1, 1999, shall submit a report containing the department's findings and conclusions in the manner provided under section 13.172 (2) of the statutes and to the governor.

AB768, s. 724 Section 724. 1997 Wisconsin Act 27, section 9137 (4eq) (a) is amended to read:

AB768,331,23 [1997 Wisconsin Act 27] Section 9137 (4eq) (a) During the 1997-99 fiscal biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, the department of natural resources shall make a payment to each person who received a waste tire reimbursement grant under sections NR 555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995 if the grant was prorated. The payment may not exceed the amount by which the grant was reduced because it was prorated. The total amount of the payments under this paragraph may not exceed $1,135,700 $1,186,200.

AB768, s. 725 Section 725. 1997 Wisconsin Act 27, section 9143 (2e) is repealed.

AB768, s. 726 Section 726. 1997 Wisconsin Act 27, section 9256 (3x) (d) 2. b. is amended to read:

AB768,332,5 [1997 Wisconsin Act 27] Section 9256 (3x) (d) 2. b. The difference between $175,000,000 $111,000,000 and the amount transferred to the property tax relief fund under paragraph (c) 2.

AB768, s. 727 Section 727. 1997 Wisconsin Act 27, section 9256 (3x) (e) 2. b. is amended to read:

AB768,332,10 [1997 Wisconsin Act 27] Section 9256 (3x) (e) 2. b. The difference between $175,000,000 $111,000,000 and the amounts transferred to the property tax relief fund under paragraphs (c) 2. and (d) 2.

AB768, s. 9109 Section 9109. Nonstatutory provisions; circuit courts.

AB768,332,12 (1) Termination of parental rights.

AB768,332,13 (a) Continuing need of protection or services.

AB768,332,21 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.

AB768,333,2 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.

AB768,333,10 (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:

AB768,333,16 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.

AB768,333,20 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.

AB768,333,24 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.

AB768,334,8 (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.

AB768, s. 9110 Section 9110. Nonstatutory provisions; commerce.

AB768,334,10 (1) Grant for distance education center.

AB768,334,11 (a) In this subsection:

AB768,334,13 1. "Consortium" means an association of a business and a higher educational institution.

AB768,334,14 2. "Department" means the department of commerce.

AB768,334,15 3. "Secretary" means the secretary of commerce.

AB768,334,19 (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:

AB768,334,20 1. The consortium is located in Eau Claire County.

AB768,334,22 2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB768,334,25 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.

AB768,335,2 4. The consortium agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c ).

AB768,335,5 (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.

AB768,335,7 (d) The department may not pay grant proceeds under this subsection after June 30, 1999.

AB768, s. 9111 Section 9111. Nonstatutory provisions; corrections.

AB768,335,12 (1) Computer recycling inmate employment program. The authorized FTE positions for the department of corrections are increased by 8.0 PR 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.

AB768, s. 9120 Section 9120. Nonstatutory provisions; governor.

AB768,335,20 (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.

AB768, s. 9122 Section 9122. Nonstatutory provisions; health and family services.

AB768,335,24 (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).

AB768,336,2 (2) Transfer of food service operations of the Southern Wisconsin Center for the Developmentally Disabled.

AB768,336,12 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and family services primarily related to the food service unit at the Southern Wisconsin Center for the Developmentally Disabled, except the building housing the food service unit, shall become the assets and liabilities of the department of corrections. The department of health and family services and the department of corrections shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department of health and family services and the department of corrections, the secretary of administration shall decide the question.

AB768,336,21 (b) Employe transfers. On the effective date of this paragraph, 51.0 FTE PR positions in the department of health and family services that are primarily related to the functions of the food services unit at the Southern Wisconsin Center for the Developmentally Disabled and the incumbent employes holding these positions are transferred to the department of corrections. The departments of health and family services and corrections shall jointly determine the employes to be transferred under this paragraph and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.

AB768,337,2 (c) Employe status. Employes transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of corrections that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB768,337,11 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services primarily related to the functions of the food service unit at Southern Wisconsin Center for the Developmentally Disabled are transferred to the department of corrections. The department of health and family services and the department of corrections shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question.

AB768,337,18 (e) Pending matters. On the effective date of this paragraph, any matter pending with the department of health and family services that is primarily related to the functions of the food service unit at the Southern Wisconsin Center for the Developmentally Disabled is transferred to the department of corrections. All materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of corrections.

AB768,338,4 (f) Contracts. On the effective date of this paragraph, all contracts entered into by the department of health and family services primarily related to the functions of the food service unit at the Southern Wisconsin Center for the Developmentally Disabled, which are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of corrections. The department of health and family services and the department of corrections shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the departments, the secretary of administration shall decide the question. The department of corrections shall carry out any such contractual obligations until modified or rescinded by the department of corrections to the extent allowed under the contract.

AB768,338,14 (g) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the functions of the food service unit at Southern Wisconsin Center for the Developmentally Disabled remain in effect until their specified expiration date or until amended or repealed by the department of corrections. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the functions of the food service unit at the Southern Wisconsin Center for the Developmentally Disabled remain in effect until their specific expiration date or until modified or rescinded by the department of corrections.

AB768,338,15 (3) Family care.

AB768,338,20 (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:

AB768,338,24 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.

AB768,339,2 2. A needs-oriented, individualized long-term care benefit that covers a full array of services and support items.

AB768,339,4 3. Simplified and uniform eligibility for a long-term care, publicly funded subsidy, based on functional ability and ability to pay.

AB768,339,7 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.

AB768,339,10 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.

AB768,339,13 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.

AB768,339,14 7. Coordination of long-term care with primary and acute health care services.

AB768,339,17 8. Meaningful involvement of consumers, family members and guardians in the design, implementation and ongoing policy direction of the long-term care system.

AB768,339,21 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.

AB768,339,24 (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).

AB768,340,7 (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.

AB768,340,13 (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.

AB768, s. 9134 Section 9134. Nonstatutory provisions; Medical College of Wisconsin.

AB768,340,20 (1) Family practice residency program. Of the moneys appropriated to the Medical College of Wisconsin, Inc., under section 20.250 (1) (b) of the statutes, $181,900 in fiscal year 1998-99 may be expended only to fund 2 additional family practice physicians for the family practice residency program. The 2 family practice physicians shall be allocated to maximize the number of family practice residents in the program.

AB768, s. 9136 Section 9136. Nonstatutory provisions; natural resources.

AB768,340,22 (1) Snowmobile trail use stickers.

AB768,341,2 (a) Beginning on May 1, 1998, and ending on April 30, 1999, the procedures and fees specified in paragraphs (b) to (g) shall be used for the issuance of snowmobile trail use stickers in lieu of the procedure to be established under section 350.12 (3j) (e) of the statutes, as created in this act.

AB768,341,4 (b) The department of natural resources shall issue snowmobile trail use stickers.

AB768,341,9 (c) The clerk of each county shall also issue snowmobile trail use stickers. The department of natural resources shall provide each county clerk with forms for issuing these stickers. The county clerk shall only use these forms and shall retain a record of each sticker issued in the county clerk's office. The department of natural resources or its wardens may examine these records at any time.

AB768,341,13 (d) The department of natural resources and each county clerk shall collect an issuing fee of 75 cents for each snowmobile trail use sticker issued. The county clerk may keep the issuing fee to compensate the clerk for the clerk's services in issuing the sticker.

AB768,341,21 (e) The department of natural resources and each county clerk may appoint persons who are not employes of the department or the county to issue snowmobile trail use stickers. The appointee may retain 50 cents of each issuing fee collected to compensate the appointee for the appointee's services in issuing the sticker. The appointee shall remit the balance of the issuing fee not retained together with the fee collected for the sticker to the department of natural resources or the appointing county clerk, whichever is applicable. An appointing county clerk may retain the balance of the issuing fee not retained by the appointee.

AB768,342,3 (f) Each county clerk shall establish a procedure under which the clerk deposits the fees collected for snowmobile trail use stickers, other than issuing fees that are being retained, with the county treasurer within one week after the county clerk or the clerk's appointees receive the fees. Upon written order of the county clerk, the county treasurer shall remit to the department of natural resources by the 20th of each month for the preceding month the collected fees together with a statement showing the total amount remitted and the number of stickers issued.

AB768,342,7 (g) The department of natural resources may establish additional procedures for issuing snowmobile trail use stickers under this subsection. Notwithstanding section 227.10 (1) of the statutes, these procedures need not be promulgated as rules under chapter 227 of the statutes.

AB768,342,14 (2) Southeastern Wisconsin Fox River commission. The department of natural resources shall set aside in fiscal year 1997-98, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $75,000 for the Southeastern Wisconsin Fox River commission. The commission may use these funds for its activities authorized under subchapter VI of chapter 33 of the statutes and for providing matching funding for any grants that the commission may be able to obtain. This subsection does not apply after June 30, 2000.

AB768, s. 9142 Section 9142. Nonstatutory provisions; revenue.

AB768,342,16 (1) Tax amnesty.

AB768,342,22 (a) Program established. The department of revenue shall establish a tax amnesty program that shall apply to all taxes administered by the department under chapters 71, 72, 78 and 139 of the statutes and subchapter III of chapter 77 of the statutes. Amnesty is available only with respect to the tax obligations under paragraph (b). The amnesty program shall be in effect from June 15, 1998, to August 14, 1998.

AB768,342,23 (b) Eligible obligations; payment; limit.

AB768,343,10 1. For a taxpayer who has an existing tax delinquency on the records of the department as of October 1, 1997, the department shall accept as full payment of the delinquent amount a certified check, cashier's check, money order or cash in the amount of 80% of the balance due, including any delinquent tax collection fee that is due, as of June 15, 1998. Payments shall be applied first against the fee due, then against the penalty due, then against the interest due and then against the tax due. The delinquent tax collection fee shall be paid in full. No amnesty is available on a tax delinquency based upon an estimated or default assessment, determination, or notice of amount due unless all tax returns corresponding with the assessment, determination, or notice of amount due are filed with the department during the amnesty period. The maximum reduction available under this subdivision is $10,000.

AB768,343,18 2. For a taxpayer who has a tax liability that is neither reported no established, the department shall accept the filing of returns, together with payment of all taxes due, with interest, on those returns if payment is made by certified check, cashier's check, money order or cash. On those returns the department shall not impose civil penalties and late filing fees or seek criminal prosecution and the department shall reduce applicable delinquent interest due to the rate of 1% per month or part of a month. If the department determines that additional taxes are due on those returns, penalties and appropriate interest may be imposed on those additional amounts.

AB768,344,5 3. For the taxpayer who has a tax liability not delinquent on the records of the department as of October 1, 1997, but based upon an assessment, determination, or notice of amount due issued by the department before or during the amnesty period, the department shall waive civil penalties, except as provided in paragraph (d), and late filing fees and reduce applicable delinquent interest due to the rate of 1% per month or part of a month if an application for amnesty is submitted during the amnesty period and payment is made by certified check, cashier's check, money order or cash. Amnesty is not available under this subdivision for an assessment, determination, or notice of amount due under review by the appellate bureau of the department, the Wisconsin tax appeals commission or any court unless that appeal is withdrawn by the taxpayer. No amnesty is available for amounts that are assessed as the result of a field audit under section 71.74 (2) or 77.59 (2) of the statutes.

AB768,344,7 (c) Ineligible taxpayers and obligations. The amnesty program is not available if any of the following conditions applies:

AB768,344,10 1. The person requesting amnesty has been notified by the date of application for amnesty that he or she is a party to any criminal investigation or any pending criminal litigation relating to any tax administered by the department.

AB768,344,14 2. The amounts for which amnesty is requested are collected or subject to litigation as of the date of application for amnesty as a result of any civil collection action initiated by the department under authority of section 71.91 of the statutes or any other state law pertaining to creditor enforcement proceedings.

AB768,344,18 3. The amount for which amnesty is requested is, on the date of application for amnesty, a delinquent nonresident account assigned to a collection agency under section 73.03 (28) of the statutes and is the subject of a civil collection proceeding before any court.

AB768,344,21 4. The taxpayer is notified during the amnesty period of an adverse determination of his or her appeal of a tax liability by the Wisconsin tax appeals commission or any court during the amnesty period.

AB768,344,22 5. The person has filed for relief under the U.S. Bankruptcy Code.

AB768,345,2 (d) Nonwaiver. Any penalty assessed under section 71.66 (1) (e), 71.83 (1) (b) 1., 2. and 4. and (2) (a) 5., 77.60 (5), 78.22 (6), 139.25 (2) or (5) or 139.44 (2) of the statutes or assessed for the underpayment of taxes may not be waived under paragraph (b) 2. or 3 .