Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,136,16 (7) (a) Annually, on or before December 31, the board shall submit a report to the appropriate standing committees under s. 13.172 (3) and to the governor on the operation of the health care coverage program. The report shall specify the number of employers and employes participating in the health care coverage program, calculate the costs of the health care coverage program to employers and their employes and include recommendations for improving the health care coverage program.

AB133-ASA1-AA2,136,25 (b) No later than January 1, 2008, the board shall submit a report to the appropriate standing committees under s. 13.172 (3) and to the governor that offers recommendations as to whether the department should continue to be involved in the design, marketing and contracting for administrative services for the health care coverage program. If the board recommends that the department not be involved in the performance of these functions, the board shall submit proposed legislation eliminating the department's involvement in the performance of these functions to the appropriate standing committees under s. 13.172 (3) at the time that the board submits its report.

AB133-ASA1-AA2, s. 944yr Section 944yr. Subchapter X of chapter 40 [precedes 40.98] of the statutes, as created by 1999 Wisconsin Act .... (this act), section 944ym, is repealed.".

AB133-ASA1-AA2,137,3 423. Page 537, line 19: after that line insert:

AB133-ASA1-AA2,137,4 " Section 945dm. 42.035 of the statutes is created to read:

AB133-ASA1-AA2,137,17 42.035 Treatment of certain state fair park board employes. Notwithstanding s. 230.08 (2) (pm), those employes holding positions in the classified service at the state fair park board on the effective date of this section .... [revisor inserts date], who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the state fair park board, those protections afforded employes in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff or reduction in base pay. Those employes of the state fair park board on the effective date of this section .... [revisor inserts date], who have not achieved permanent status in class in any position at the state fair park board on that date are eligible to receive the protections, privileges and rights preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the position that they hold on that date.".

AB133-ASA1-AA2,137,18 424. Page 537, line 19: after that line insert:

AB133-ASA1-AA2,137,19 " Section 945de. 43.24 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,137,22 43.24 (1) (intro.) Each public library system shall be paid state aid for the operation and maintenance of the system. The Except as provided in pars. (b) and (c), the amount paid to each system shall be determined as follows:

AB133-ASA1-AA2, s. 945dh Section 945dh. 43.24 (1) (a) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,138,3 43.24 (1) (a) 1. Determine the percentage change in the total amount appropriated under s. 20.255 (3) (e) between the previous fiscal year and the current fiscal year.

AB133-ASA1-AA2,138,5 2. Multiply the amount of state aid received by the system in the previous fiscal year by the sum of 1.0 and the result under subd. 1. expressed as a decimal.

AB133-ASA1-AA2, s. 945dp Section 945dp. 43.24 (1) (b) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,138,10 43.24 (1) (b) If the territory of a public library system is altered, the department shall adjust the aid paid to that system under par. (a). The department shall promulgate rules establishing the method the department will use to make the adjustment.

AB133-ASA1-AA2, s. 945dt Section 945dt. 43.24 (1) (c) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,138,17 43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:

AB133-ASA1-AA2,138,19 1. Multiply the system's percentage of the state's population by the product of the amount appropriated under s. 20.255 (3) (e) and 0.85.

AB133-ASA1-AA2,138,21 2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under s. 20.255 (3) (e) and 0.075.

AB133-ASA1-AA2,139,2 3. Divide the sum of the payments to the municipalities and counties in the system under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, by the total of all payments under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, and multiply the result by the product of the amount appropriated under s. 20.255 (3) (e) and 0.075.".

AB133-ASA1-AA2,139,3 425. Page 541, line 4: after that line insert:

AB133-ASA1-AA2,139,4 " Section 946p. 44.51 (2) of the statutes is repealed.

AB133-ASA1-AA2, s. 946r Section 946r. 44.51 (3) of the statutes is repealed.".

AB133-ASA1-AA2,139,6 426. Page 541, line 5: delete lines 5 to 8.

AB133-ASA1-AA2,139,7 427. Page 541, line 9: delete lines 9 to 11.

AB133-ASA1-AA2,139,8 428. Page 541, line 12: delete lines 12 to 15.

AB133-ASA1-AA2,139,9 429. Page 541, line 15: after that line insert:

AB133-ASA1-AA2,139,10 " Section 948m. 44.57 of the statutes is repealed.".

AB133-ASA1-AA2,139,12 430. Page 541, line 19: delete "School for the Visually" and substitute "Center for the Blind and Visually Impaired".

AB133-ASA1-AA2,139,13 431. Page 541, line 20: delete "Handicapped".

AB133-ASA1-AA2,139,15 432. Page 552, line 2: before "to" insert "including a community-based residential facility,".

AB133-ASA1-AA2,139,16 433. Page 555, line 10: after that line insert:

AB133-ASA1-AA2,139,17 " Section 999d. 46.036 (4) (a) of the statutes is amended to read:

AB133-ASA1-AA2,140,5 46.036 (4) (a) Except as provided in this paragraph, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.".

AB133-ASA1-AA2,140,6 434. Page 555, line 25: after that line insert:

AB133-ASA1-AA2,140,7 " Section 999p. 46.041 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,140,15 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools the Wisconsin School for the deaf and visually handicapped, Deaf, the Wisconsin Center for the Blind and Visually Impaired and mental health facilities within the state at the discretion of the superintendent director of the institution providing services under this section.".

AB133-ASA1-AA2,140,16 435. Page 559, line 21: after that line insert:

AB133-ASA1-AA2,140,17 " Section 1003c. 46.10 (2m) of the statutes is amended to read:

AB133-ASA1-AA2,140,23 46.10 (2m) The liability specified in sub. (2) shall not apply to tuberculosis patients receiving care, maintenance, services and supplies under ss. 58.06 and 252.07 to 252.10, to persons 18 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01 or to parents of a minor who receives care for alcohol or drug abuse under s. 51.47 (1) without consent of the minor's parent or guardian.

AB133-ASA1-AA2, s. 1003t Section 1003t. 46.18 (1) of the statutes is amended to read:

AB133-ASA1-AA2,141,8 46.18 (1) Trustees. Every county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, shall, subject to regulations approved by the county board, be managed by a board of trustees, electors of the county, chosen by ballot by the county board. At its annual meeting, the county board shall appoint an uneven number of trustees, from 3 to 9 at the option of the board, for staggered 3-year terms ending the first Monday in January. Any vacancy shall be filled for the unexpired term by the county board; but the chairperson of the county board may appoint a trustee to fill the vacancy until the county board acts.

AB133-ASA1-AA2, s. 1003u Section 1003u. 46.20 (1) of the statutes is amended to read:

AB133-ASA1-AA2,141,18 46.20 (1) Any 2 or more counties may jointly, by majority vote of all the members of each county board, provide for a county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, or juvenile detention home, which shall be established, maintained and operated pursuant to all the statutes relating to the establishment, maintenance and operation of similar institutions, respectively, by any single county whose population is less than 250,000, except as otherwise provided in this section; and in all respects, except as herein specified, each such institution shall be the county institution of each of the counties so joining.

AB133-ASA1-AA2, s. 1003v Section 1003v. 46.20 (3) of the statutes is amended to read:

AB133-ASA1-AA2,142,2 46.20 (3) Upon approval of the site, plans and specifications, as provided in s. 252.073 as to tuberculosis sanatoriums and ss. 46.17 and 301.37, as to other institutions, the joint committee shall report to the several county boards the estimated cost of the site and buildings, and the amount thereof chargeable to each county on the basis set forth in sub. (6) (a), appending to each report a copy of the plans and specifications and all matter relating to the site and buildings. If the report is approved by each county board, the joint committee shall purchase the site and cause the buildings to be erected in accordance with the plans and specifications.

AB133-ASA1-AA2, s. 1003w Section 1003w. 46.20 (8) of the statutes is repealed.

AB133-ASA1-AA2, s. 1003x Section 1003x. 46.20 (10) of the statutes is repealed.".

AB133-ASA1-AA2,142,6 436. Page 559, line 24: delete the material beginning with ", 252.11 (7)" and ending with "(c)" on line 25 and substitute ", and 252.11 (7) and 253.07 (3) (c)".

AB133-ASA1-AA2,142,8 437. Page 561, line 8: delete the material beginning with ", 253.07" and ending with "(c)" on line 9 and substitute ", 253.07 (3) (c)".

AB133-ASA1-AA2,142,10 438. Page 563, line 18: delete the material beginning with ", 253.07" and ending with "(c)" on line 19 and substitute ", 253.07 (3) (c)".

AB133-ASA1-AA2,142,12 439. Page 564, line 25: delete the material beginning with ", 253.07" and ending with "(c)" on page 565, line 1, and substitute ", 253.07 (3) (c)".

AB133-ASA1-AA2,142,13 440. Page 566, line 6: after that line insert:

AB133-ASA1-AA2,142,14 " Section 1032m. 46.27 (3) (f) of the statutes is amended to read:

AB133-ASA1-AA2,142,22 46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under subs. (7) (b) and (11), annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities. Notwithstanding the maximum, however, a county may not deny services under this section to an eligible individual who resides in a community-based residential facility when the individual becomes eligible, solely because the maximum total amount has been reached.".

AB133-ASA1-AA2,143,4 441. Page 569, line 25: delete "whether or not the person is a private pay admittee at the time of admission." and substitute "whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person will be eligible for medical assistance within 6 months of assessment.".

AB133-ASA1-AA2,143,5 442. Page 570, line 4: after that line insert:

AB133-ASA1-AA2,143,6 " Section 1045g. 46.27 (7) (cL) of the statutes is created to read:

AB133-ASA1-AA2,143,10 46.27 (7) (cL) No county department or aging unit may deny services to a person under par. (cj) who refused to have an assessment completed as required under par. (cj) 3. a. before the effective date of this paragraph .... [revisor inserts date].".

AB133-ASA1-AA2,143,11 443. Page 570, line 4: after that line insert:

AB133-ASA1-AA2,143,12 " Section 1045c. 46.27 (7) (cj) 3. e. of the statutes is amended to read:

AB133-ASA1-AA2,143,17 46.27 (7) (cj) 3. e. The county department or aging unit determines that placement in the community-based residential facility is cost-effective compared to other options, including home care and nursing home care. In making that determination, the county shall consider all state and federal funds needed for all options considered.

AB133-ASA1-AA2, s. 1045d Section 1045d. 46.27 (7) (ck) 1. of the statutes is amended to read:

AB133-ASA1-AA2,143,24 46.27 (7) (ck) 1. Subject to the approval of the department, and except as provided in sub. (3) (f), a county may establish and implement more restrictive conditions than those imposed under par. (cj) on the use of funds received under par. (b) for the provision of services to a person in a community-based residential facility. A county that establishes more restrictive conditions under this subdivision shall include the conditions in its community options plan under sub. (3) (cm).

AB133-ASA1-AA2, s. 1045e Section 1045e. 46.27 (7) (cm) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,144,5 46.27 (7) (cm) 1. (intro.) Beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under par. (b) to provide services in any community-based residential facility that has more than 8 20 beds, unless one of the following applies:

AB133-ASA1-AA2, s. 1045f Section 1045f. 46.27 (7) (cm) 1. c. of the statutes is repealed.".

AB133-ASA1-AA2,144,7 444. Page 574, line 8: after that line insert:

AB133-ASA1-AA2,144,8 " Section 1056r. 46.27 (11) (c) 5q. of the statutes is created to read:

AB133-ASA1-AA2,144,12 46.27 (11) (c) 5q. No county department or aging unit may deny services to a person under subd. 5n. who refused to have an assessment completed as required under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts date].".

AB133-ASA1-AA2,144,18 445. Page 574, line 23: delete "whether or not the person is a private pay admittee at the time of admission." and substitute "whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person will be eligible for medical assistance within 6 months of assessment.".

AB133-ASA1-AA2,144,24 446. Page 576, line 3: delete "whether or not the person is a private pay admittee at the time of admission." and substitute "whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person will be eligible for medical assistance within 6 months of assessment.".

AB133-ASA1-AA2,145,5 447. Page 594, line 9: after "supervision." insert "A resource center need not provide a financial screen for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial screen under this paragraph, unless the person will be eligible for medical assistance within 6 months after performance of the financial screen.".

AB133-ASA1-AA2,145,6 448. Page 595, line 8: delete ", 253.07 (3) (c)".

AB133-ASA1-AA2,145,7 449. Page 603, line 18: delete ", 253.07 (3) (c)".

AB133-ASA1-AA2,145,8 450. Page 620, line 16: delete ", 253.07 (3) (c)".

AB133-ASA1-AA2,145,9 451. Page 622, line 7: delete lines 7 to 14.

AB133-ASA1-AA2,145,11 452. Page 623, line 3: delete "$1,877,000 for each" and substitute " $1,877,000 for each".

AB133-ASA1-AA2,145,13 453. Page 623, line 4: delete "fiscal year" and substitute "fiscal year $1,993,400 for fiscal year 1999-2000 and $2,226,300 for fiscal year 2000-01".

AB133-ASA1-AA2,145,14 454. Page 645, line 22: after that line insert:

AB133-ASA1-AA2,145,15 " Section 1131d. 48.02 (17) of the statutes is amended to read:

AB133-ASA1-AA2,145,18 48.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for children, including a holdover room, licensed by the department under s. 48.66 (1) (a).".

AB133-ASA1-AA2,145,19 455. Page 645, line 22: after that line insert:

AB133-ASA1-AA2,145,20 " Section 1130m. 48.20 (8) of the statutes is amended to read:

AB133-ASA1-AA2,146,17 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.

AB133-ASA1-AA2, s. 1130p Section 1130p. 48.21 (3) (d) of the statutes is amended to read:

AB133-ASA1-AA2,146,24 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-ASA1-AA2, s. 1130r Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

AB133-ASA1-AA2,147,12 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB133-ASA1-AA2, s. 1130t Section 1130t. 48.23 (2) (b) of the statutes is created to read: