SB146: Bill Text

Note: There is no conflict of substance.

SB146, s. 113 Section 113. 48.685 (2) (b) 1. (intro.) of the statutes, as affected by 1997 Wisconsin Acts 237 and 281, is amended to read:

SB146,35,8 48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. and, 2., and 4. and par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:

Note: Reconciles the treatments of this provision by 1997 Wis. Acts 237 and 281.

SB146, s. 114 Section 114. The treatment of 48.685 (2) (c) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 115 Section 115. 48.685 (3) (a) of the statutes, as affected by 1997 Wisconsin Acts 237 and 281, is amended to read:

SB146,36,2 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department, a child welfare agency or a school board considers appropriate, the department, county department, child welfare agency or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in par. sub. (2) (ag) (intro.) who are nonclient residents of an entity and shall request the information specified in sub. (2) (am) 1. to 5. for all persons under 18 years of age, but not under 12 years of age, who are employes, contractors or nonclient residents of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651.

Note: Inserts correct cross-reference. There is no s. 48.685 (3) (ag). Section 48.685 (2) (ag) relates to nonclient residents of an entity.

SB146, s. 116 Section 116. The treatment of 48.685 (3) (b) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 117 Section 117. The treatment of 48.685 (5) (b) (intro.) of the statutes, as renumbered, by 1997 Wisconsin Act 237, section 170, is not repealed by 1997 Wisconsin Act 281, section 8. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 118 Section 118. 48.685 (5c) (c) of the statutes, as affected by 1997 Wisconsin Act 237, is amended to read:

SB146,36,15 48.685 (5c) (c) Any person who is permitted but fails under sub. (5) (a) to demonstrate to the school board that he or she has been rehabilitated may appeal to the secretary state superintendent of public instruction or his or her designee. Any person who is adversely affected by a decision of the secretary state superintendent or his or her designee under this paragraph has a right to a contested case hearing under ch. 227.

Note: Corrects officer's title.

SB146, s. 119 Section 119. The treatment of 48.685 (5m) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 120 Section 120. The treatment of 48.685 (6) (b) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 281. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 121 Section 121. 48.715 (6) of the statutes is amended to read:

SB146,37,15 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

Note: Inserts necessary comma omitted from 1997 Wis. Act 191.

SB146, s. 122 Section 122. 48.981 (3) (c) 1. of the statutes is amended to read:

SB146,38,16 48.981 (3) (c) 1. Within 24 hours after receiving a report under par. (a), the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child or unborn child is in need of protection or services. The investigation shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations. If the investigation is of a report of child abuse or neglect or of child threatened child abuse or neglect by a caregiver specified in sub. (1) (am) 5. to 8. who continues to have access to the child or a caregiver specified in sub. (1) (am) 1. to 4., or of a report that does not disclose who is suspected of the child abuse or neglect and in which the investigation does not disclose who abused or neglected the child, the investigation shall also include observation of or an interview with the child, or both, and, if possible, an interview with the child's parents, guardian or legal custodian. If the investigation is of a report of child abuse or neglect or threatened child abuse or neglect by a caregiver who continues to reside in the same dwelling as the child, the investigation shall also include, if possible, a visit to that dwelling. At the initial visit to the child's dwelling, the person making the investigation shall identify himself or herself and the agency involved to the child's parents, guardian or legal custodian. The agency may contact, observe or interview the child at any location without permission from the child's parent, guardian or legal custodian if necessary to determine if the child is in need of protection or services, except that the person making the investigation may enter a child's dwelling only with permission from the child's parent, guardian or legal custodian or after obtaining a court order to do so.

Note: Corrects word order.

SB146, s. 123 Section 123. The treatment of 48.981 (8) (a) of the statutes by 1997 Wisconsin Act 292 is not repealed by 1997 Wisconsin Act 293. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 124 Section 124. The treatment of 48.981 (8) (d) 1. of the statutes by 1997 Wisconsin Act 292 is not repealed by 1997 Wisconsin Act 293. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 125 Section 125. 48.988 (6) (a) of the statutes is amended to read:

SB146,39,2 48.988 (6) (a) Equivalent facilities for the child are not available in the sending agency's jurisdiction; and

Note: Inserts necessary punctuation. The change is shown in the printed volumes.

SB146, s. 126 Section 126. 49.124 (1m) (a) of the statutes is amended to read:

SB146,39,10 49.124 (1m) (a) The department shall administer an employment and training program for recipients under the food stamp program. The department may contract with a Wisconsin works agency to administer the employment and training program under this subsection. Except as provided in pars. (b), and (bm) and (br), the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin works employment position to participate in the employment and training program under this subsection.

NOTE: The creation of par. (br) was removed from 1997 Wis. Act 27 by the governor's partial veto.

SB146, s. 127 Section 127. 49.143 (2m) (intro.) of the statutes is amended to read:

SB146,39,18 49.143 (2m) Nutrition outreach. (intro.) A Wisconsin works agency may establish a a nutrition outreach program with the community steering committee established under sub. (2) (a). The Wisconsin works agency and community steering committee may coordinate with local food pantries and food banks and other interested parties to increase the supply of food available. Under the outreach program, the Wisconsin works agency may do anything that it determines would best effect the desired outcome of the program, including any of the following:

Note: Deletes repeated unnecessary "a".

SB146, s. 128 Section 128. 49.15 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB146,39,21 49.15 (3) (a) Unsubsidized employment, as defined in s. 49.147 (1) (a) (c).

NOTE: Section 49.147 (1) (a) was renumbered s. 49.147 (1) (c) by 1997 Wis. Act 27.

SB146, s. 129 Section 129. 49.175 (1) (p) of the statutes is amended to read:

SB146,40,5 49.175 (1) (p) Indirect child care services. For indirect child care services under s. 49.131 (2) (b) 49.155 (1g), $6,002,400 in each fiscal year. Notwithstanding sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.

NOTE: Inserts correct cross-reference. Section 49.131 (2) (b) was renumbered s. 49.155 (1g) by 1997 Wis. Act 27.

SB146, s. 130 Section 130. The treatment of 49.22 (6) of the statutes by 1997 Wisconsin Act 105 is not repealed by 1997 Wisconsin Act 191. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 131 Section 131. 49.225 of the statutes, as affected by 1997 Wisconsin Act 191, section 39, is renumbered 49.227.

Note: 1997 Wis. Act 191, section 39, renumbered s. 46.251 to s. 49.225. Act 191, section 65, created a different provision as s. 49.225.

SB146, s. 132 Section 132. 49.27 (6) (c) of the statutes is amended to read:

SB146,41,2 49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 49.132 (1) (am), 1995 stats. The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 49.132 (4) (d), 1995 stats., s. 49.132 (4) (dg), 1995 stats., or s. 49.132 (4) (dm), 1995 stats., whichever is applicable, or, if a higher rate is established under s. 49.132 (4) (e), 1995 stats., and if the child care services meet the quality standards established under s. 49.132 (4) (e), 1995 stats., the rates for child care services under this paragraph that meet those standards shall be determined under s. 49.132 (4) (e), 1995 stats. The department shall promulgate rules for the disbursement of funds under this paragraph.

Note: Section 49.132 does not apply after November 1, 1997, and was repealed by 1997 Wis. Act 252.

SB146, s. 133 Section 133. 49.493 (1) (b) of the statutes is amended to read:

SB146,41,5 49.493 (1) (b) "Medical benefits or assistance" means medical benefits under s. 49.02, 49.046 or 253.05 or medical assistance.

NOTE: Section 49.046 was repealed by 1995 Wis. Act 27.

SB146, s. 134 Section 134. 49.665 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB146,41,8 49.665 (1) (b) "Dependent child" has the meaning given in s. 49.141 (1) (c).

Note: Inserts subsection number omitted by 1997 Wis. Act 27.

SB146, s. 135 Section 135. The treatment of 49.855 (6) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 136 Section 136. 49.857 (1) (d) 2. of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

SB146,41,13 49.857 (1) (d) 2. An approval specified in s. 29.09 (11m) 29.024 (2g).

Note: This bill renumbers s. 29.09 (11m) to s. 29.024 (2g).

SB146, s. 137 Section 137. 49.857 (1) (d) 2m. of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

SB146,41,16 49.857 (1) (d) 2m. A fishing approval issued under s. 29.138 29.229.

Note: Inserts correct cross-reference. 1997 Wis. Act 248 renumbered s. 29.138 to s. 29.229.

SB146, s. 138 Section 138. 50.01 (2) of the statutes, as affected by 1997 Wisconsin Act 156, is amended to read:

SB146,42,5 50.01 (2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified or registered under subch. X XI of ch. 440 or ch. 441, 448, 449, 450, 451, 455 or 459 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.

Note: Subch. X of ch. 440, as created by 1997 Wis. Act 156, is renumbered subch. XI of ch. 440 by this bill.

SB146, s. 139 Section 139. 50.035 (3) (a) of the statutes is amended to read:

SB146,42,16 50.035 (3) (a) The person responsible for managing a Class C community-based residential facility, or that person's agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A or a Class B community-based residential facility, or that person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility and the person responsible for managing a Class B community-based residential facility, or that person's agent, shall be readily available to the residents of the facility from 7 a.m. to 7 p.m. In this subsection, "Class A, B and C community-based residential facilities" have the meanings provided in s. HSS 3.41 (1) HFS 83.05,Wis. adm. code.

Note: Inserts the correct cross-reference. Section HSS 3.41, Wis. Adm. Code, was repealed and replaced by s. HFS 83.05, Wis. Adm. Code. There are no Class B facilities under s. HFS 83.05.

SB146, s. 140 Section 140. 50.035 (9) of the statutes is amended to read:

SB146,42,21 50.035 (9) Notification to prospective residents of assessment requirement. Every community-based residential facility shall inform all prospective residents of the assessment requirements under ss. 46.27 (7) (cj) 3. and (11) (c) 5n. and 46.277 (3) (5) (d) 1n. for the receipt of funds under those sections.

SB146,43,2 NOTE: Inserts the correct cross-reference. There is no s. 46.277 (3) (d). Section 46.277 (5) (d) 1n. relates to community-based residential facility assessments.

SB146, s. 141 Section 141. 50.04 (5) (a) 5. b. of the statutes, as affected by 1997 Wisconsin Act 280, is amended to read:

SB146,43,9 50.04 (5) (a) 5. b. Except as provided in subd. 5. a., a nursing home that violates a statute or rule resulting in a class "A" or class "B" violation and that has received a notice of a class "A" or class "B" violation of the same statute or rule within the previous 3-year period may be subject to a forfeiture 3 times the amount authorized for the most recent class of violation involved.

Note: The underscored "a" was inserted by 1997 Wis. Act 280 without being underscored. The change was intended.

SB146, s. 142 Section 142. 50.065 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 237, is amended to read:

SB146,43,16 50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity and for all persons specified in par. sub. (2) (ag) (intro.) who are nonclient residents of an entity.

Note: Inserts correct cross-reference. There is no s. 50.065 (3) (ag). Section 50.065 (2) (ag) relates to nonclient residents of an entity.

SB146, s. 143 Section 143. The treatment of 51.30 (4) (a) of the statutes by 1997 Wisconsin Act 231 is not repealed by 1997 Wisconsin Act 237. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 144 Section 144. 55.045 of the statutes is amended to read:

SB146,44,7 55.045 Funding. The appropriate county department designated under s. 55.02 shall, within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of persons who are protectively placed or who receive protective services under this chapter, including reasonable expenses for the evaluations required by sub. s. 55.06 (8). Payment and collections for protective placement or protective services provided in public facilities specified in s. 46.10 shall be governed in accordance with s. 46.10. The department may require that a person who is protectively placed or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the person to pay for such costs.

Note: Inserts the correct cross-reference. This provision was renumbered from s. 55.06 (13) by 1995 Wis. Act 92 without taking the cross-reference into account.

SB146, s. 145 Section 145. The treatment of 59.25 (3) (f) 2. of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 248. Both treatments stand.

Note: There is no conflict of substance.

SB146, s. 146 Section 146. The treatment of 59.40 (2) (m) of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 248. Both treatments stand.