AB100: Bill Text

AB100,587,12 (d) Revocation of a license or a probationary license as provided in sub. (4).

AB100,587,17 (4) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 49.984 (1) or a probationary license issued under s. 49.99 for any of the following reasons:

AB100,587,22 (a) The department has imposed a penalty on the licensee under sub. (3) and the licensee or a person under the supervision of the licensee either continues to violate or resumes violation of a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section forming any part of the basis for the penalty.

AB100,588,2 (b) The licensee or a person under the supervision of the licensee has committed a substantial violation, as determined by the department, of a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section.

AB100,588,6 (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

AB100,588,12 (d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section that is the same as or similar to a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section that the licensee or a person under the supervision of the licensee has violated previously.

AB100,588,14 (e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under s. 49.984 (5).

AB100,588,19 (4m) (a) For a revocation under sub. (4) (a) or (d), the department shall provide to the licensee written notice of the revocation and the grounds for revocation not less than 30 days before the date of the revocation. The revocation will take effect only if the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.

AB100,588,22 (b) For revocations under sub. (4) (b), (c), or (e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.

AB100,588,25 (5) The department may deny a license under s. 49.984 (1) or a probationary license under s. 49.99 to any person who has had a license under s. 49.984 (1) or a probationary license under s. 49.99 revoked within the previous 5 years.

AB100,589,12 (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center 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 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. 49.994, 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. 49.994.

AB100,589,18 (7) The department of workforce development shall deny an application for the issuance or continuation of a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 49.994.

AB100, s. 1214 Section 1214. 49.994 of the statutes is created to read:

AB100,590,6 49.994 Appeal procedure. Except as provided in s. 49.992 (6) and (7), any person aggrieved by the department's refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 49.992 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew, or continue a license or the department's action taken under s. 49.992. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB100, s. 1215 Section 1215. 49.996 of the statutes is created to read:

AB100,590,10 49.996 Inspection and investigation of licensees. (1) The department may visit and inspect each day care center licensed by the department, and for such purpose shall be given unrestricted access to the premises described in the license.

AB100,590,17 (2) Whenever the department is advised or has reason to believe that any person is violating s. 49.98, the department shall make an investigation to determine the facts. For the purposes of this investigation, the department shall have authority to inspect the premises where the violation is alleged to occur. If the department finds that the person is violating s. 49.98, the department may either issue a license if the person is qualified or may institute an action for the penalties and injunction specified under s. 49.999 (1).

AB100, s. 1216 Section 1216. 49.998 (title) of the statutes is created to read:

AB100,590,19 49.998 (title) Immunization and lead screening requirements.

AB100, s. 1217 Section 1217. 49.999 of the statutes is created to read:

AB100,590,23 49.999 Penalties and injunctions. (1) In addition to the sanctions and penalties provided in s. 49.992, any person who violates s. 49.98 may be fined not more than $500 or imprisoned for not more than one year in county jail or both.

AB100,591,2 (2) In addition to the penalties provided in sub. (1), the circuit courts shall have jurisdiction to prevent and restrain by injunction violations of s. 49.98. It shall be the duty of the district attorneys, upon request of the department, to institute action for such injunction under ch. 813.

AB100, s. 1218 Section 1218. 50.065 (2) (bg) of the statutes is amended to read:

AB100,591,12 50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. to 3. and 5. has already been obtained by another entity, the entity may obtain that information from that other entity, which, notwithstanding par. (br), shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. to 3. and 5.

AB100, s. 1219 Section 1219. 50.065 (2) (br) of the statutes is created to read:

AB100,591,21 50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives information regarding the arrest or conviction of a caregiver from the federal bureau of investigation in connection with a criminal history search under this section may use the information only to determine whether the caregiver's arrest or conviction record disqualifies him or her from serving as a caregiver. An entity is immune from civil liability to a caregiver for using arrest or conviction information provided by the federal bureau of investigation to make an employment determination regarding the caregiver.

AB100,591,24 2. Subdivision 1. does not apply to use by an entity of arrest or conviction information that the entity requests from the federal bureau of investigation after September 30, 2007.

AB100, s. 1220 Section 1220. 50.065 (8) of the statutes is amended to read:

AB100,592,6 50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

AB100, s. 1221 Section 1221. 50.135 (2) (c) of the statutes is amended to read:

AB100,592,10 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations appropriation account under s. 20.435 (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

AB100, s. 1222 Section 1222. 50.14 (2) (intro.) of the statutes is amended to read:

AB100,592,23 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that per calendar month per licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 $523 in fiscal year 2003-04 2005-06 and may not exceed $445 $587 in fiscal year 2004-05 2006-07 and an assessment that may not exceed $75 $125 per calendar month per licensed bed of a nursing home. The In each fiscal year, $13,800,000 of the assessment moneys collected shall be deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment and the remainder shall be deposited in the Medical Assistance trust fund. In determining the number of licensed beds, all of the following apply:

AB100, s. 1223 Section 1223. 50.14 (4) of the statutes is amended to read:

AB100,593,7 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment amount greater than $13,800,000 collected under s. 77.59 (7) in excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year in a fiscal year shall be deposited in the Medical Assistance trust fund.

AB100, s. 1224 Section 1224. 51.05 (3g) of the statutes is repealed.

AB100, s. 1225 Section 1225. 51.05 (3m) of the statutes is repealed.

AB100, s. 1226 Section 1226. 51.30 (4) (b) 27. of the statutes is created to read:

AB100,594,2 51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 (7) (g). A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services may have access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 938 or to coordinate the delivery of services under this chapter or ch. 48 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the person entering the information shall notify the individual that the information entered may be disclosed as provided in this subdivision.

AB100, s. 1227 Section 1227. 51.423 (1) of the statutes is amended to read:

AB100,594,14 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism, and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

AB100, s. 1228 Section 1228. 51.423 (2) of the statutes is amended to read:

AB100,595,8 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB100, s. 1229 Section 1229. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB100,596,5 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than $184 per day the daily rate for services under s. 46.275. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

AB100, s. 1230 Section 1230. 59.40 (2) (p) of the statutes is amended to read:

AB100,596,11 59.40 (2) (p) Cooperate with the department of workforce development with respect to the child and spousal support and establishment of paternity and medical liability support liability program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

AB100, s. 1231 Section 1231. 59.43 (1) (u) of the statutes is repealed and recreated to read:

AB100,596,15 59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag) 1. and (e) and not retained by the county to the department of administration under s. 59.72 (5).

AB100, s. 1232 Section 1232. 59.43 (1) (um) of the statutes is repealed.

AB100, s. 1233 Section 1233. 59.43 (2) (ag) 1. of the statutes is repealed and recreated to read:

AB100,596,21 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

AB100, s. 1234 Section 1234. 59.43 (2) (e) of the statutes is repealed and recreated to read:

AB100,596,25 59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $11 for the first page and $2 for each additional page.

AB100, s. 1235 Section 1235. 59.54 (12) of the statutes is amended to read:

AB100,597,4 59.54 (12) County-tribal law enforcement programs. Pursuant to adoption of a resolution, a board may enter into an agreement and seek funding under s. 165.90 16.964 (7m).

AB100, s. 1236 Section 1236. 59.72 (3) of the statutes is repealed and recreated to read:

AB100,597,10 59.72 (3) Land information office. The board may establish a county land information office or may direct that the functions and duties of the office be performed by an existing department, board, commission, agency, institution, authority, or office. If the board establishes a county land information office, the office shall:

AB100,597,13 (a) Coordinate land information projects within the county, between the county and local governmental units, between the state and local governmental units and among local governmental units, the federal government and the private sector.

AB100,597,17 (b) Within 2 years after the land information office is established, develop and receive approval for a countywide plan for land records modernization. The plan shall be submitted for approval to the department of administration under s. 16.967 (3) (e).

AB100,597,19 (c) Review and recommend projects from local governmental units for grants from the department of administration under s. 16.967 (7).

AB100, s. 1237 Section 1237. 59.72 (4) of the statutes is repealed and recreated to read:

AB100,597,23 59.72 (4) Aid to counties. A board that has established a land information office under sub. (3) may apply to the department of administration for a grant for a land information project under s. 16.967 (7).

AB100, s. 1238 Section 1238. 59.72 (5) of the statutes is repealed and recreated to read:

AB100,598,5 59.72 (5) Land record modernization funding. (a) Before the 16th day of each month a register of deeds shall submit to the department of administration $7 from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).

AB100,598,8 (b) A county may retain $5 of the $7 submitted under par. (a) from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB100,598,9 1. The county has established a land information office under sub. (3).

AB100,598,12 2. A land information office has been established for less than 2 years or has received approval for a countywide plan for land records modernization under sub. (3) (b).

AB100,598,16 3. The county uses $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization and $1 of each $5 fee retained under this paragraph for the provision of land information on the Internet, including the county's land information records relating to housing.

AB100, s. 1239 Section 1239. 65.90 (3) (br) of the statutes is created to read:

AB100,598,19 65.90 (3) (br) For a school district, the budget summary required under par. (a) shall also include all of the following:

AB100,598,23 1. For the proposed budget, the current budget, and the budget in the previous fiscal year, the school district's general fund balance at the end of the fiscal year divided by the school district's general fund expenditures in that fiscal year, expressed as a percentage.

AB100,599,3 2. For the current budget and the budget in the previous fiscal year, the statewide average school district general fund balance at the end of the fiscal year divided by the statewide average school district general fund expenditures in that fiscal year, expressed as a percentage, as provided by the department of public instruction under par. (c).

AB100, s. 1240 Section 1240. 65.90 (3) (c) of the statutes is amended to read:

AB100,599,13 65.90 (3) (c) The department of public instruction under s. 115.28, the department of revenue under s. 73.10 and the technical college system board under s. 38.04 shall encourage and consult with interested public and private organizations regarding the budget summary information required under pars. (a) and (b). The department of public instruction and the technical college system board shall specify the revenue and expenditure detail that is required under par. (b) 1. and 2. for school districts and for technical college districts. The department of public instruction shall provide school districts with the information required under par. (br) 2. For the current budget, the department shall estimate the percentage.

AB100, s. 1241 Section 1241. 65.90 (3) (d) of the statutes is amended to read:

AB100,599,18 65.90 (3) (d) A municipality may publish any additional budget summary information that its governing body considers necessary, but the additional information shall be reported separately from the information required under pars. (a), (b) and, (bm), and (br).

AB100, s. 1242 Section 1242. 65.90 (5) (c) of the statutes is created to read:

AB100,600,2 65.90 (5) (c) If a school board adopts a proposed budget in which the school district's general fund balance at the end of the fiscal year divided by the school district's general fund expenditures in that fiscal year exceeds an amount equal to 90 percent of the statewide average school district general fund balance at the end of the previous fiscal year divided by the statewide average school district general fund expenditures in the previous fiscal year, as determined by the department of public instruction under sub. (3) (br) 2., the school board shall conduct a separate vote approving the excess.

AB100, s. 1243 Section 1243. 66.0301 (3) of the statutes is amended to read:

AB100,600,10 66.0301 (3) Any contract under sub. (2) may provide a plan for administration of the function or project, which may include but is not limited to provisions as to proration of the expenses involved, deposit and disbursement of funds appropriated, submission and approval of budgets, creation of a commission, selection and removal of commissioners, and formation and letting of contracts. If a commission is created, the employees of the commission are not employees of the municipalities that created the commission, unless the municipalities specify otherwise in the contract.

AB100, s. 1244 Section 1244. 66.0305 (title) of the statutes is amended to read:

AB100,600,12 66.0305 (title) Municipal Political subdivision revenue sharing.

AB100, s. 1245 Section 1245. 66.0305 (1) of the statutes is amended to read:

AB100,600,15 66.0305 (1) Definition. In this section, "municipality" "political subdivision" means a city, village or, town, or county.

AB100, s. 1246 Section 1246. 66.0305 (2) of the statutes is amended to read:

AB100,600,24 66.0305 (2) Municipal Political subdivision revenue sharing agreement. Subject to the requirements of this section, any 2 or more municipalities political subdivisions may, by a majority vote of a quorum of their governing bodies, enter into an agreement to share all or a specified part of revenues derived from taxes, payments received from the state, fee revenues, and special charges, as defined in s. 74.01 (4). One or more municipalities political subdivisions may enter into agreements under this section with federally recognized American Indian tribes or bands.