AB133-SSA1-SA1, s. 945dt
1Section 945dt. 43.24 (1) (c) of the statutes is repealed and recreated to read:
AB133-SSA1-SA1,138,72 43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid
3appropriated for public library systems under s. 20.255 (3) (e), as determined by the
4department, equals at least 11.25% of the total operating expenditures for public
5library services from local and county sources in the calendar year ending in that
6fiscal year, the amount paid to each system shall be determined by adding the result
7of each of the following calculations:
AB133-SSA1-SA1,138,98 1. Multiply the system's percentage of the state's population by the product of
9the amount appropriated under s. 20.255 (3) (e) and 0.85.
AB133-SSA1-SA1,138,1110 2. Multiply the system's percentage of the state's geographical area by the
11product of the amount appropriated under s. 20.255 (3) (e) and 0.075.
AB133-SSA1-SA1,138,1712 3. Divide the sum of the payments to the municipalities and counties in the
13system under subch. I of ch. 79 for the current fiscal year, as reflected in the
14statement of estimated payments under s. 79.015, by the total of all payments under
15subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated
16payments under s. 79.015, and multiply the result by the product of the amount
17appropriated under s. 20.255 (3) (e) and 0.075.".
AB133-SSA1-SA1,138,18 18569. Page 537, line 19: after that line insert:
AB133-SSA1-SA1,138,19 19" Section 945ds. 43.17 (9) (a) of the statutes is amended to read:
AB133-SSA1-SA1,139,520 43.17 (9) (a) All contracts for public construction, the estimated cost of which
21exceeds $5,000, made by a federated public library system whose territory lies within
222 or more counties or by a federated public library system whose territory lies within
23a single county with a population of at least 500,000 shall be let , subject to par. (c),
24by the public library system board to the lowest responsible bidder in accordance

1with s. 62.15 (1) to (11) and (14). For purposes of this section, the system board
2possesses the powers conferred by s. 62.15 on the board of public works and the
3common council. All contracts made under this section shall be made in the name
4of the federated public library system and shall be executed by the system board
5president and such other board officer as the system board designates.
AB133-SSA1-SA1, s. 945dt 6Section 945dt. 43.17 (9) (c) of the statutes is created to read:
AB133-SSA1-SA1,139,97 43.17 (9) (c) Only a federated public library system whose territory lies within
8a single county with a population of at least 500,000 may let a contract using the
9design-build process under s. 62.15 (1m).".
AB133-SSA1-SA1,139,11 10570. Page 541, line 19: delete "School for the Visually" and substitute "Center
11for the Blind and Visually Impaired".
AB133-SSA1-SA1,139,12 12571. Page 541, line 20: delete "Handicapped".
AB133-SSA1-SA1,139,13 13572. Page 543, line 6: after that line insert:
AB133-SSA1-SA1,139,14 14" Section 955p. 44.72 (1) (e) of the statutes is created to read:
AB133-SSA1-SA1,139,1615 44.72 (1) (e) Consult with the department of public instruction before awarding
16grants under this subsection.".
AB133-SSA1-SA1,139,18 17573. Page 545, line 16: delete the material beginning with that line and
18ending with page 546, line 4.
AB133-SSA1-SA1,139,20 19574. Page 552, line 2: before "to" insert "including a community-based
20residential facility,
".
AB133-SSA1-SA1,140,3 21575. Page 555, line 18: after "contract." insert "The contract may not result
22in reduced funding to local public health agencies, boards or departments that
23perform the same or substantially similar services under multiple contracts that
24expire immediately before the consolidated contract becomes effective. Any savings

1realized from consolidating contracts shall be distributed among the local public
2health agencies, boards and departments. The department shall promulgate rules
3relating to the implementation of of the contracts.".
AB133-SSA1-SA1,140,4 4576. Page 555, line 25: after that line insert:
AB133-SSA1-SA1,140,5 5" Section 999p. 46.041 (1) (a) of the statutes is amended to read:
AB133-SSA1-SA1,140,136 46.041 (1) (a) Provide for the temporary residence and evaluation of children
7referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the
8institutions and services under the jurisdiction of the department, University of
9Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
1046.22 or 46.23, private child welfare agencies, schools the Wisconsin School for the
11deaf and visually handicapped, Deaf, the Wisconsin Center for the Blind and
12Visually Impaired
and mental health facilities within the state at the discretion of
13the superintendent director of the institution providing services under this section.".
AB133-SSA1-SA1,140,14 14577. Page 560, line 13: after that line insert:
AB133-SSA1-SA1,140,15 15" Section 1011g. 46.215 (1) (k) of the statutes is amended to read:
AB133-SSA1-SA1,140,2016 46.215 (1) (k) Except as provided under sub. (1g), certify Certify eligibility for
17and issue food coupons to needy households in conformity with the federal food stamp
18act
Food Stamp Act of 1964 as amended, and, in addition, the county department of
19social services may certify eligibility for and distribute surplus commodities and food
20stuffs.".
AB133-SSA1-SA1,140,22 21578. Page 560, line 25: delete the material beginning with that line and
22ending with page 561, line 5 and substitute:
AB133-SSA1-SA1,140,23 23" Section 1014pb. 46.215 (1g) of the statutes is repealed.".
AB133-SSA1-SA1,140,24 24579. Page 562, line 18: after that line insert:
AB133-SSA1-SA1,141,1
1" Section 1021m. 46.22 (1) (b) 2. d. of the statutes is amended to read:
AB133-SSA1-SA1,141,32 46.22 (1) (b) 2. d. Except as provided in sub. (1g), to To certify eligibility for and
3issue food coupons to needy households in conformity with 7 USC 2011 to 2029.".
AB133-SSA1-SA1,141,4 4580. Page 564, line 17: delete lines 17 to 22 and substitute:
AB133-SSA1-SA1,141,5 5" Section 1026pb. 46.22 (1g) of the statutes is repealed.".
AB133-SSA1-SA1,141,11 6581. Page 569, line 25: delete "whether or not the person is a private pay
7admittee at the time of admission." and substitute "whether or not the person is a
8private pay admittee at the time of admission.
except that a person seeking
9admission or about to be admitted on a private pay basis may waive the assessment,
10unless the person will be eligible for medical assistance within 6 months of
11assessment.
".
AB133-SSA1-SA1,141,12 12582. Page 570, line 4: after that line insert:
AB133-SSA1-SA1,141,13 13" Section 1045g. 46.27 (7) (cL) of the statutes is created to read:
AB133-SSA1-SA1,141,1714 46.27 (7) (cL) No county department or aging unit may deny services to a
15person under par. (cj) who refused to have an assessment completed as required
16under par. (cj) 3. a. before the effective date of this paragraph .... [revisor inserts
17date].".
AB133-SSA1-SA1,141,18 18583. Page 574, line 8: after that line insert:
AB133-SSA1-SA1,141,19 19" Section 1056r. 46.27 (11) (c) 5q. of the statutes is created to read:
AB133-SSA1-SA1,141,2320 46.27 (11) (c) 5q. No county department or aging unit may deny services to a
21person under subd. 5n. who refused to have an assessment completed as required
22under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts
23date].".
AB133-SSA1-SA1,142,6
1584. Page 574, line 23: delete "whether or not the person is a private pay
2admittee at the time of admission." and substitute "whether or not the person is a
3private pay admittee at the time of admission.
except that a person seeking
4admission or about to be admitted on a private pay basis may waive the assessment,
5unless the person will be eligible for medical assistance within 6 months of
6assessment.
".
AB133-SSA1-SA1,142,12 7585. Page 576, line 3: delete "whether or not the person is a private pay
8admittee at the time of admission." and substitute "whether or not the person is a
9private pay admittee at the time of admission.
except that a person seeking
10admission or about to be admitted on a private pay basis may waive the assessment,
11unless the person will be eligible for medical assistance within 6 months of
12assessment.
".
AB133-SSA1-SA1,142,17 13586. Page 594, line 9: after "supervision." insert "A resource center need not
14provide a financial screen for a person seeking admission or about to be admitted on
15a private pay basis who waives the requirement for a financial screen under this
16paragraph, unless the person will be eligible for medical assistance within 6 months
17after performance of the financial screen.".
AB133-SSA1-SA1,142,18 18587. Page 622, line 7: delete lines 7 to 14.
AB133-SSA1-SA1,142,19 19588. Page 622, line 18: delete "$283,778,800" and substitute "$285,378,800".
AB133-SSA1-SA1,142,20 20589. Page 622, line 19: delete "$279,886,800" and substitute "$287,386,800".
AB133-SSA1-SA1,142,21 21590. Page 624, line 14: after that line insert:
AB133-SSA1-SA1,142,22 22" Section 1091k. 46.46 (1) of the statutes is amended to read:
AB133-SSA1-SA1,143,10
146.46 (1) The department shall perform activities to augment the amount of
2moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC
31396
to 1396v. The department shall perform those income augmentation activities
4itself and may not contract with any person to perform those income augmentation
5activities.
From the appropriation account under s. 20.435 (8) (mb), the department
6shall support costs that are exclusively related to the operational costs of
7augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395
8to 1395ddd and 42 USC 1396 to 1396v
performing those income augmentation
9activities
. In addition, the department may expend moneys from the appropriation
10account under s. 20.435 (8) (mb) as provided in sub. (2).".
AB133-SSA1-SA1,143,11 11591. Page 625, line 25: after that line insert:
AB133-SSA1-SA1,143,12 12" Section 1098m. 46.48 (30) of the statutes is created to read:
AB133-SSA1-SA1,143,2113 46.48 (30) Substance abuse treatment grants. (a) From the appropriation
14under s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis
15to county departments of social services and to private nonprofit organizations, as
16defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment
17services in counties with a population of 500,000 or more. Grants distributed under
18this subsection may be used only to provide treatment for alcohol and other drug
19abuse to individuals who are eligible for federal temporary assistance for needy
20families under 42 USC 601 et. seq. and who have a family income of not more than
21200% of the poverty line, as defined in s. 49.001 (5).
AB133-SSA1-SA1,144,222 (b) Notwithstanding par. (a), the department may distribute grants under par.
23(a) only to the extent that the distribution meets the maintenance-of-effort

1requirement under the federal temporary assistance for needy families program
2under 42 USC 601 et. seq.".
AB133-SSA1-SA1,144,3 3592. Page 626, line 4: after that line insert:
AB133-SSA1-SA1,144,4 4" Section 1099g. 46.481 (5) of the statutes is created to read:
AB133-SSA1-SA1,144,85 46.481 (5) Healthy families program. The department shall distribute
6$100,000 in each fiscal year to Kenosha Area Family and Aging Services, Inc., for the
7provision of home visiting services for mothers who are under 18 years of age under
8that organization's healthy families program.".
AB133-SSA1-SA1,144,9 9593. Page 626, line 4: after that line insert:
AB133-SSA1-SA1,144,10 10" Section 1099m. 46.481 (6) of the statutes is created to read:
AB133-SSA1-SA1,144,1311 46.481 (6) Children's safe house child care program. The department shall
12distribute $50,000 in each fiscal year to the children's safe house child care program
13in Kenosha County for the operation of that program.".
AB133-SSA1-SA1,144,14 14594. Page 627, line 19: after that line insert:
AB133-SSA1-SA1,144,15 15" Section 1104L. 46.515 (2) of the statutes is amended to read:
AB133-SSA1-SA1,145,916 46.515 (2) Funds provided. If a county or Indian tribe applies and is selected
17by the department under sub. (5) to participate in the program under this section,
18the department shall award, from the appropriation appropriations under s. 20.435
19(3) (de) and (km), a grant annually to be used only for the purposes specified in sub.
20(4) (a) and (am). The minimum amount of a grant is $10,000. The department shall
21determine the amount of a grant awarded to a county, other than a county with a
22population of 500,000 or more, or Indian tribe in excess of the minimum amount
23based on the number of births that are funded by medical assistance under subch.
24IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the

1number of births that are funded by medical assistance under subch. IV of ch. 49 in
2all of the counties and the reservations of all of the Indian tribes to which grants are
3awarded under this section. The department shall determine the amount of a grant
4awarded to a county with a population of 500,000 or more in excess of the minimum
5amount based on 60% of the number of births that are funded by medical assistance
6under subch. IV of ch. 49 in that county in proportion to the number of births that
7are funded by medical assistance under subch. IV of ch. 49 in all of the counties and
8the reservations of all of the Indian tribes to which grants are awarded under this
9section.
AB133-SSA1-SA1, s. 1104m 10Section 1104m. 46.515 (3) (a) of the statutes is amended to read:
AB133-SSA1-SA1,145,1311 46.515 (3) (a) Number selected. In the 1997-99 2000-01 state fiscal biennium,
12no more than 6 20 rural counties, 3 9 urban counties and 2 5 Indian tribes may be
13selected by the department to participate in the program under this section.
AB133-SSA1-SA1, s. 1104p 14Section 1104p. 46.515 (4) (a) 4m. of the statutes is amended to read:
AB133-SSA1-SA1,145,2215 46.515 (4) (a) 4m. Other than in a county with a population of 500,000 or more,
16to reimburse a case management provider under s. 49.45 (25) (b) for the amount of
17the allowable charges under the medical assistance program that is not provided by
18the federal government for case management services provided to a medical
19assistance beneficiary described in s. 49.45 (25) (am) 9. who is a child and who is a
20member of a family that receives home visitation program services under par. (b) 1.
21or to reimburse a case management provider as permitted under the temporary
22assistance for needy families program, 42 USC 601 to 619
.".
AB133-SSA1-SA1,145,23 23595. Page 645, line 22: after that line insert:
AB133-SSA1-SA1,145,24 24" Section 1130c. 48.09 (5) of the statutes is amended to read:
AB133-SSA1-SA1,146,6
148.09 (5) By the district attorney or, if designated by the county board of
2supervisors, by the corporation counsel, in any matter arising under s. 48.13, 48.133
3or 48.977. If the county board transfers this authority to or from the district attorney
4on or after May 11, 1990, the board may do so only if the action is effective on
5September 1 of an odd-numbered year and the board notifies the department of
6administration justice of that change by January 1 of that odd-numbered year.".
AB133-SSA1-SA1,146,7 7596. Page 645, line 22: after that line insert:
AB133-SSA1-SA1,146,8 8" Section 1130m. 48.20 (8) of the statutes is amended to read:
AB133-SSA1-SA1,147,49 48.20 (8) If a child is held in custody, the intake worker shall notify the child's
10parent, guardian and legal custodian of the reasons for holding the child in custody
11and of the child's whereabouts unless there is reason to believe that notice would
12present imminent danger to the child. The parent, guardian and legal custodian
13shall also be notified of the time and place of the detention hearing required under
14s. 48.21, the nature and possible consequences of that hearing, the right to counsel
15under s. 48.23 regardless of ability to pay
and the right to present and cross-examine
16witnesses at the hearing. If the parent, guardian or legal custodian is not
17immediately available, the intake worker or another person designated by the court
18shall provide notice as soon as possible. When the child is 12 years of age or older,
19the child shall receive the same notice about the detention hearing as the parent,
20guardian or legal custodian. The intake worker shall notify both the child and the
21child's parent, guardian or legal custodian. When the child is an expectant mother
22who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child,
23through the unborn child's guardian ad litem, shall receive the same notice about the
24whereabouts of the child expectant mother, about the reasons for holding the child

1expectant mother in custody and about the detention hearing as the child expectant
2mother and her parent, guardian or legal custodian. The intake worker shall notify
3the child expectant mother, her parent, guardian or legal custodian and the unborn
4child, by the unborn child's guardian ad litem.
AB133-SSA1-SA1, s. 1130p 5Section 1130p. 48.21 (3) (d) of the statutes is amended to read:
AB133-SSA1-SA1,147,116 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian
7or legal custodian shall be informed by the court of the allegations that have been
8made or may be made, the nature and possible consequences of this hearing as
9compared to possible future hearings, the right to counsel under s. 48.23 regardless
10of ability to pay,
the right to confront and cross-examine witnesses and the right to
11present witnesses.
AB133-SSA1-SA1, s. 1130r 12Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and
13amended to read:
AB133-SSA1-SA1,147,2314 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services
15under s. 48.13 or is
the subject of a proceeding involving a contested adoption or the
16involuntary termination of parental rights, any parent under 18 years of age who
17appears before the court shall be represented by counsel; but no such parent may
18waive counsel. A minor parent petitioning for the voluntary termination of parental
19rights shall be represented by a guardian ad litem. If a proceeding involves a
20contested adoption or the involuntary termination of parental rights, any parent 18
21years old or older who appears before the court shall be represented by counsel; but
22the parent may waive counsel provided the court is satisfied such waiver is
23knowingly and voluntarily made.
AB133-SSA1-SA1, s. 1130s 24Section 1130s. 48.23 (2) (b) of the statutes is created to read:
AB133-SSA1-SA1,148,9
148.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed
2outside of his or her home unless the nonpetitioning parent is represented by counsel
3at the fact-finding hearing and subsequent proceedings. If the petition is not
4contested, the child may not be placed outside of his or her home unless the
5nonpetitioning parent is represented by counsel at the hearing at which the
6placement is made. A parent who is required under this paragraph to be represented
7by counsel may, however, waive counsel if the court is satisfied that such waiver is
8knowingly and voluntarily made, and the court may place the child outside the home
9even though the parent was not represented by counsel.
AB133-SSA1-SA1, s. 1130t 10Section 1130t. 48.23 (3) of the statutes is amended to read:
AB133-SSA1-SA1,148,1511 48.23 (3) Power of the court to appoint counsel. Except in proceedings under
12s. 48.13, at
At any time, upon request or on its own motion, the court may appoint
13counsel for the child or any party, unless the child or the party has or wishes to retain
14counsel of his or her own choosing. The court may not appoint counsel for any party
15other than the child in a proceeding under s. 48.13.
AB133-SSA1-SA1, s. 1130x 16Section 1130x. 48.23 (4) of the statutes is amended to read:
AB133-SSA1-SA1,149,1317 48.23 (4) Providing counsel. In any situation under this section in which a
18person child has a right to be represented by counsel or is provided counsel at the
19discretion of the court and counsel is not knowingly and voluntarily waived, the court
20shall refer the person child to the state public defender and counsel shall be
21appointed by the state public defender under s. 977.08 without a determination of
22indigency. If the referral is of a person child who has filed a petition under s. 48.375
23(7), the state public defender shall appoint counsel within 24 hours after that
24referral. Any counsel appointed in a petition filed under s. 48.375 (7) shall continue
25to represent the child in any appeal brought under s. 809.105 unless the child

1requests substitution of counsel or extenuating circumstances make it impossible for
2counsel to continue to represent the child. In any situation under sub. (2) or (2m) in
3which a parent 18 years of age or over or an adult expectant mother is entitled to
4representation by counsel; counsel is not knowingly and voluntarily waived; and it
5appears that the parent or adult expectant mother is unable to afford counsel in full,
6or the parent or adult expectant mother so indicates; the court shall refer the parent
7or adult expectant mother to the authority for indigency determinations specified
8under s. 977.07 (1). In any other situation under this section in which a person has
9a right to be represented by counsel or is provided counsel at the discretion of the
10court, competent and independent counsel shall be provided and reimbursed in any
11manner suitable to the court regardless of the person's ability to pay, except that the
12court may not order a person who files a petition under s. 813.122 or 813.125 to
13reimburse counsel for the child who is named as the respondent in that petition.".
AB133-SSA1-SA1,149,14 14597. Page 645, line 22: after that line insert:
AB133-SSA1-SA1,149,15 15" Section 1131c. 48.207 (1) (a) of the statutes is amended to read:
AB133-SSA1-SA1,149,2316 48.207 (1) (a) The home of a parent or guardian, except that a child may not
17be held in the home of a parent or guardian if the parent or guardian has been
18convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
19of the 2nd-degree intentional homicide, of a parent of the child, and the conviction
20has not been reversed, set aside or vacated, unless the person making the custody
21decision determines by clear and convincing evidence that the placement would be
22in the best interests of the child. The person making the custody decision shall
23consider the wishes of the child in making that determination
.
AB133-SSA1-SA1, s. 1131cf 24Section 1131cf. 48.207 (1) (b) of the statutes is amended to read:
AB133-SSA1-SA1,150,8
148.207 (1) (b) The home of a relative, except that a child may not be held in the
2home of a relative if the relative has been convicted under s. 940.01 of the
3first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
4homicide, of a parent of the child, and the conviction has not been reversed, set aside
5or vacated, unless the person making the custody decision determines by clear and
6convincing evidence that the placement would be in the best interests of the child.
7The person making the custody decision shall consider the wishes of the child in
8making that determination
.".
AB133-SSA1-SA1,150,9 9598. Page 646, line 3: after that line insert:
AB133-SSA1-SA1,150,10 10" Section 1131h. 48.32 (2) (a) of the statutes is amended to read:
AB133-SSA1-SA1,150,1311 48.32 (2) (a) A consent decree shall remain in effect up to 6 months one year
12unless the child, parent, guardian, legal custodian or expectant mother is discharged
13sooner by the judge or juvenile court commissioner.".
AB133-SSA1-SA1,150,14 14599. Page 646, line 3: after that line insert:
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