AB210: Bill Text

AB210,130,10 46.27 (1) (dr) "State-operated long-term care facility" means a state center for the developmentally disabled, the Wisconsin Veterans Home at King and the nursing care facility and a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50.

AB210, s. 95 Section 95. 46.27 (6) (a) 2. cm. of the statutes is amended to read:

AB210,130,15 46.27 (6) (a) 2. cm. Persons under subd. 1. seeking admission to or about to be admitted to the Wisconsin Veterans Home at King and the nursing care facility a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50 who are informed about the program but waive the assessment.

AB210, s. 96 Section 96. 49.19 (9) of the statutes is amended to read:

AB210,130,23 49.19 (9) If the head of a family is a veteran, as defined in s. 45.37 (1a) 45.01 (12), or a person under s. 45.51 (2) (a) 2., and is hospitalized or institutionalized because of disabilities in a county other than that of his or her residence or settlement at time of admission, aid shall be granted to the dependent children of the veteran by the county wherein the head of the family had his or her residence or settlement at the time of admission so long as he or she remains hospitalized or institutionalized.

AB210, s. 97 Section 97. 49.45 (3) (e) 7m. of the statutes is amended to read:

AB210,131,7 49.45 (3) (e) 7m. Notwithstanding subd. 7., the daily reimbursement or payment rate for services at a hospital established under s. 45.375 (1) 45.50 (10) provided to medical assistance recipients whose continued hospitalization is no longer medically necessary or appropriate during a period where the recipient awaits placement in an alternate custodial living arrangement shall be the skilled nursing facility rate paid to the facility created under s. 45.365 (1) a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50.

AB210, s. 98 Section 98. 49.45 (6m) (bg) of the statutes is amended to read:

AB210,131,15 49.45 (6m) (bg) The department shall determine payment levels for the provision of skilled, intermediate, limited, personal or residential care or care for the mentally retarded in the state centers for the developmentally disabled , in the Wisconsin Veterans Home at King and the nursing care facility and in a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50 separately from the payment principles, applicable costs and methods established under this subsection.

AB210, s. 99 Section 99. 49.855 (4m) (b) of the statutes is amended to read:

AB210,132,16 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1) 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.351 (1) 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

AB210, s. 100 Section 100. 50.034 (4) of the statutes is amended to read:

AB210,133,2 50.034 (4) Limitation. A nursing home or a community-based residential facility may not convert a separate area of its total area to a residential care apartment complex unless the department first approves the conversion. A nursing home, other than the nursing homes operated at the Wisconsin Veterans Home at King or in southeastern Wisconsin a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50, that intends to convert a separate area of its total area to a residential care apartment complex shall also agree to reduce its licensed nursing home beds by the corresponding number of residential care apartment complex residential units proposed for the conversion.

AB210, s. 101 Section 101. 50.135 (3) of the statutes is amended to read:

AB210,133,6 50.135 (3) Exemption. The inpatient health care facilities under ss. 45.365 45.50, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 and 252.10 are exempt from this section.

AB210, s. 102 Section 102. 50.39 (3) of the statutes is amended to read:

AB210,133,16 50.39 (3) Facilities governed by ss. 45.365 45.50, 48.62, 49.70, 49.72, 50.02, 51.09 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

AB210, s. 103 Section 103. 51.20 (10) (cm) of the statutes is amended to read:

AB210,134,11 51.20 (10) (cm) Prior to or at the final hearing, for individuals for whom a petition is filed under sub. (1) (a) 2. e., the county department under s. 51.42 or 51.437 shall furnish to the court and the subject individual an initial recommended written treatment plan that contains the goals of treatment, the type of treatment to be provided, and the expected providers. If the person has served in the U.S. armed forces or forces incorporated as part of the U.S. armed forces, the county department shall contact the U.S. department of veterans affairs to determine if the person is eligible for treatment at a U.S. department of veterans affairs facility. If the person is eligible for that treatment, the county department shall include that information in the treatment plan. The treatment plan shall address the individual's needs for inpatient care, residential services, community support services, medication and its monitoring, case management, and other services to enable the person to live in the community upon release from an inpatient facility. The treatment plan shall contain information concerning the availability of the needed services and community treatment providers' acceptance of the individual into their programs. The treatment plan is only a recommendation and is not subject to approval or disapproval by the court. Failure to furnish a treatment plan under this paragraph does not constitute grounds for dismissal of the petition unless the failure is made in bad faith.

AB210, s. 104 Section 104. 51.35 (6) (a) of the statutes is amended to read:

AB210,134,17 51.35 (6) (a) When the department has notice that any person other than a prisoner is entitled to receive care and treatment in a U.S. department of veterans affairs facility, the person may petition the department of health and family services for a transfer to such facility, and that department may procure admission to such the facility in accordance with s. 45.30.

AB210, s. 105 Section 105. 51.45 (13) (h) of the statutes is amended to read:

AB210,135,10 51.45 (13) (h) A person committed under this subsection shall remain in the custody of the county department for treatment for a period set by the court, but not to exceed 90 days. During this period of commitment the county department may transfer the person from one approved public treatment facility or program to another as provided in par. (k). If the person has served in the U.S. armed forces or forces incorporated as part of the U.S. armed forces, the county department shall contact the U.S. department of veterans affairs to determine if the person is eligible for treatment at a U.S. department of veterans affairs facility. If the person is eligible for that treatment, the county department may transfer the person to that facility if the U.S. department of veterans affairs approves that transfer. At the end of the period set by the court, the person shall be discharged automatically unless the county department before expiration of the period obtains a court order for recommitment upon the grounds set forth in par. (a) for a further period not to exceed 6 months. If after examination it is determined that the person is likely to inflict physical harm on himself or herself or on another, the county department shall apply for recommitment. Only one recommitment order under this paragraph is permitted.

AB210, s. 106 Section 106. 59.52 (16) (b) (title) of the statutes is amended to read:

AB210,135,12 59.52 (16) (b) (title) County veterans' veterans housing.

AB210, s. 107 Section 107. 59.52 (16) (b) 2. of the statutes is amended to read:

AB210,135,21 59.52 (16) (b) 2. In case of a joint school district, computation shall be made on the basis of the valuation of the several municipalities in which the school district lies. If school buildings are inadequate to accommodate the additional school population resulting from the county veterans' veterans housing program, and the school district cannot legally finance the necessary increased facilities, the board may appropriate money and grant assistance to the school district but the assistance shall be used solely to finance the purchase of land and the erection and equipment of the necessary additional facilities.

AB210, s. 108 Section 108. 59.535 (1) (a) of the statutes is amended to read:

AB210,135,24 59.535 (1) (a) In this subsection, "veteran" has the meaning given in s. 45.37 (1a) 45.01 (12), and includes a person under s. 45.51 (2) (a) 2.

AB210, s. 109 Section 109. 59.535 (4) of the statutes is amended to read:

AB210,136,3 59.535 (4) Service officer and commission. The board may appropriate funds for the execution of the duties of the county veterans' veterans service officer and the county veterans' veterans service commission.

AB210, s. 110 Section 110. 59.65 of the statutes is amended to read:

AB210,136,11 59.65 Publication of financial report. A board shall cause to be made out and published in the county, as a class 1 notice, under ch. 985, immediately after its annual meeting, a report of the receipts and expenditures of the immediately preceding year and the accounts allowed. The board may waive the publication of names of needy soldiers, sailors, marines and United States war veterans and the amount of relief aid provided under s. 45.14 (2) 45.81 (3) and shall publish in lieu thereof the total disbursements thereunder.

AB210, s. 111 Section 111. 66.0509 (title) of the statutes is amended to read:

AB210,136,13 66.0509 (title) Civil service system; veterans' veterans preference.

AB210, s. 112 Section 112. 66.1201 (9) (x) of the statutes is amended to read:

AB210,136,18 66.1201 (9) (x) To, within its area of operation, either by itself or with the department of veterans affairs, undertake and carry out studies and analyses of veterans' veterans housing needs and meeting those needs and make the study results available to the public, including the building, housing and supply industries.

AB210, s. 113 Section 113. 67.015 of the statutes is amended to read:

AB210,136,22 67.015 Housing authorities exempted. This chapter shall not be applicable to borrowing by housing authorities or county veterans' veterans housing authorities under ss. 66.1201 to 66.1213.

AB210, s. 114 Section 114. 69.30 (1) (bm) of the statutes is amended to read:

AB210,136,25 69.30 (1) (bm) "Service office" has the meaning given in s. 45.36 (1) (c) 45.04 (1) (b).

AB210, s. 115 Section 115. 69.30 (2) of the statutes is amended to read:

AB210,137,8 69.30 (2) A financial institution, state agency, county department, Wisconsin works agency, service office or family care district or an employee of a financial institution, state agency, county department, Wisconsin works agency, service office or family care district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, state agency, county department, Wisconsin works agency, service office or family care district, including use under s. 45.36 (4m) 45.04 (5), if the copy is marked "FOR ADMINISTRATIVE USE".

AB210, s. 116 Section 116. 70.11 (1) of the statutes is amended to read:

AB210,137,21 70.11 (1) Property of the state. Property owned by this state except land contracted to be sold by the state. This exemption shall not apply to land conveyed after September, 1933, to this state or for its benefit while the grantor or others for the grantor's benefit are permitted to occupy the land or part thereof in consideration for the conveyance; nor shall it apply to land devised to the state or for its benefit while another person is permitted by the will to occupy the land or part thereof. This exemption shall not apply to any property acquired by the department of veterans affairs under s. 45.72 (5) and (7) 45.32 (5) and (7) or to the property of insurers undergoing rehabilitation or liquidation under ch. 645. Property exempt under this subsection includes general property owned by the state and leased to a private, nonprofit corporation that operates an Olympic ice training center, regardless of the use of the leasehold income.

AB210, s. 117 Section 117. 70.11 (3a) of the statutes is amended to read:

AB210,137,25 70.11 (3a) Buildings at the Wisconsin Veterans Home at King or in southeastern Wisconsin homes. All buildings, equipment and leasehold interests in lands described in s. 45.38 45.03 (5).

AB210, s. 118 Section 118. 70.11 (9) of the statutes is amended to read:

AB210,138,15 70.11 (9) Memorials. All memorial halls and the real estate upon which the same are located, owned and occupied by any organization of United States war veterans organized pursuant to act of congress and domesticated in this state pursuant to the laws of this state, containing permanent memorial tablets with the names of former residents of any given town, village, city or county who lost their lives in the military or naval service of the state or the United States in any war inscribed thereon, and all personal property owned by such organizations, and all buildings erected, purchased or maintained by any county, city, town or village as memorials under s. 45.05 or 45.055 45.72. The renting of such halls or buildings for public purposes shall not render them taxable, provided that all income derived therefrom be used for the upkeep and maintenance thereof. Where such hall or building is used in part for exempt purposes and in part for pecuniary profit, it shall be assessed for taxation to the extent of such use for pecuniary profit as provided in s. 70.1105 (1).

AB210, s. 119 Section 119. 71.05 (6) (b) 28. (intro.) of the statutes is amended to read:

AB210,138,23 71.05 (6) (b) 28. (intro.) An amount paid by a claimant for tuition expenses for a student who is the claimant or who is the claimant's child and the claimant's dependent who is claimed under section 151 (c) of the Internal Revenue Code, to attend any university, college, technical college or a school approved under s. 45.54 39.90, that is located in Wisconsin or to attend a public vocational school or public institution of higher education in Minnesota under the Minnesota-Wisconsin reciprocity agreement under s. 39.47, calculated as follows:

AB210, s. 120 Section 120. 86.03 (4) of the statutes is amended to read:

AB210,139,7 86.03 (4) Cutting or injuring trees on highway. No person shall cut down, break, girdle, bruise the bark, or in any other manner injure, or allow any animal under that person's control to injure, any public or private trees, shrubs, or hedges growing within the highway, except as the owner thereof or the public authority maintaining the highway may cut down, trim and remove trees, shrubs , and hedges for the purpose of and conducing to the benefit and improvement of the owner's land or the highway facility, subject to sub. (7).

AB210, s. 121 Section 121. 86.03 (6) of the statutes is amended to read:

AB210,139,12 86.03 (6) Fines. Any Except as provided in sub. (7), any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $25 for each tree or shrub damaged, felled or destroyed.

AB210, s. 122 Section 122. 86.03 (7) of the statutes is created to read:

AB210,139,20 86.03 (7) No person may cut or trim any tree planted along any federal or state trunk highway as a memorial to the men and women who served in the armed forces of the United States in time of war, without the written permission of the department. Violations of this section shall be punishable by a fine of not less than $10 nor more than $200 or by imprisonment for not more than 30 days or both. Nothing in this section shall interfere with the rights of abutting property owners in those trees.

AB210, s. 123 Section 123. 120.13 (37) (a) 3. of the statutes is amended to read:

AB210,139,23 120.13 (37) (a) 3. Left high school before receiving a high school diploma to join the U.S. armed forces during a war period under s. 45.001 (5) 45.01 (13).

AB210, s. 124 Section 124. 125.14 (2) (e) of the statutes is amended to read:

AB210,140,14 125.14 (2) (e) Disposal. The department shall dispose of the alcohol beverages turned over to it by the court by either giving it to law enforcement agencies free of charge for use in criminal investigations, giving it to state-operated veterans' hospitals in amounts needed for medicinal purposes, selling it to the highest bidder if the bidder is a person holding a license or permit issued under this chapter, or destroying it, at the discretion of the department. If the department elects to sell the alcohol beverages, it shall publish a class 2 notice under ch. 985 asking for sealed bids from qualified bidders. Any items or groups of items in the inventory subject to a security interest, the existence of which was established in the proceedings for conviction as being bona fide and as having been created without the secured party having notice that the items were being used or were to be used in connection with the violation, shall be sold separately. The net proceeds from the sale, less all costs of seizure, storage, and sale, shall be turned over to the secretary of administration and credited to the common school fund.

AB210, s. 125 Section 125. 125.26 (6) of the statutes is amended to read:

AB210,141,9 125.26 (6) Temporary Class "B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' veterans organizations authorizing the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be determined by the municipal governing body issuing the license but may not exceed $10. An official or body authorized by a municipal governing body to issue temporary Class "B" licenses may, upon issuance of any temporary Class "B" license, authorize the licensee to permit underage persons to be on the premises for which the license is issued. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of fermented malt beverages from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of fermented malt beverages from the stands while the fair is being held. A municipal governing body may issue a temporary Class "B" license for premises that are covered by a "Class B" permit issued under s. 125.51 (5) (b) 2. if the applicant meets the requirements of this subsection.

AB210, s. 126 Section 126. 125.51 (10) of the statutes is amended to read:

AB210,142,3 125.51 (10) Temporary licenses. Notwithstanding s. 125.68 (3), temporary "Class B" licenses may be issued to bona fide clubs, to county or local fair associations or agricultural societies, to churches, lodges or societies that have been in existence for at least 6 months before the date of application and to posts of veterans' organizations authorizing the sale of wine in an original package, container or bottle or by the glass if the wine is dispensed directly from an original package, container or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. The amount of the fee for the license shall be $10, except that no fee may be charged to a person who at the same time applies for a temporary Class "B" license under s. 125.26 (6) for the same event. A license issued to a county or district fair licenses the entire fairgrounds where the fair is being conducted and all persons engaging in retail sales of wine from leased stands on the fairgrounds. The county or district fair to which the license is issued may lease stands on the fairgrounds to persons who may engage in retail sales of wine from the stands while the fair is being held. Not more than 2 licenses may be issued under this subsection to any club, county or local fair association, agricultural association, church, lodge, society or veterans' veterans post in any 12-month period.

AB210, s. 127 Section 127. 132.16 (1) (a) of the statutes is amended to read:

AB210,142,11 132.16 (1) (a) "Organization" means any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association; historical, military, or veterans' veterans organization; labor union; foundation; federation; or any other society, organization, or association, degree, branch, subordinate lodge, or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the constitution and laws of the United States or of this state.

AB210, s. 128 Section 128. 139.31 (3) of the statutes is amended to read:

AB210,142,17 139.31 (3) Cigarettes sold to post exchanges of the armed forces of the United States and to federally or state operated veterans hospitals in this state and cigarettes sold to an interstate carrier of passengers for hire to be resold to bona fide passengers actually being transported and cigarettes sold for shipment outside this state in interstate commerce are not subject to the tax.

AB210, s. 129 Section 129. 139.76 (2) of the statutes is amended to read:

AB210,142,23 139.76 (2) Tobacco products sold to or by post exchanges of the U.S. armed forces, to or by federally or state-operated operated veterans hospitals in this state, and tobacco products sold to an interstate carrier of passengers for hire to be resold to bona fide passengers actually being transported and tobacco products sold for shipment outside this state in interstate commerce are not subject to the tax.

AB210, s. 130 Section 130. 146.997 (1) (c) of the statutes is amended to read:

AB210,143,6 146.997 (1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.365 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

AB210, s. 131 Section 131. 150.31 (5m) of the statutes is amended to read:

AB210,143,12 150.31 (5m) The department shall decrease the statewide bed limit specified in sub. (1) to account for any reduction in the approved bed capacity of the nursing home operated at the Wisconsin Veterans Home at King or at the nursing care a skilled nursing facility operated by the department of veterans affairs under s. 45.385 45.50 (1), as specified in s. 45.375 (2) 45.50 (10).

AB210, s. 132 Section 132. 150.46 (1) of the statutes is amended to read:

AB210,143,16 150.46 (1) This subchapter does not apply to the Wisconsin Veterans Home at King or to the nursing care facility a Wisconsin veterans home operated by the department of veterans affairs under s. 45.385 45.50.

AB210, s. 133 Section 133. 150.46 (3) of the statutes is repealed.

AB210, s. 134 Section 134. 150.84 (2) of the statutes is amended to read:

AB210,143,24 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.365 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

AB210, s. 135 Section 135. 150.93 (5) of the statutes is amended to read:

AB210,144,2 150.93 (5) This section does not apply to a hospital established under s. 45.375 (1) operated by the state department of veterans affairs under s. 45.50 (10).

AB210, s. 136 Section 136. 150.95 (2) of the statutes is amended to read:

AB210,144,5 150.95 (2) This section does not apply to a hospital established under s. 45.375 (1) operated by the state department of veterans affairs under s. 45.50 (10).

AB210, s. 137 Section 137. 155.01 (6) of the statutes is amended to read:

AB210,144,12 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.365 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

AB210, s. 138 Section 138. 157.637 of the statutes is amended to read:

AB210,144,18 157.637 Veteran burials. A cemetery authority of a cemetery, other than a cemetery that is affiliated with a religious society organized under ch. 187, may not prohibit the burial, as defined in s. 157.061 (1), of the human remains of a person specified in s. 45.358 (3) (a) to (g) 45.61 (2) at the cemetery if the cemetery authority is paid in its usual and customary manner for the burial.

AB210, s. 139 Section 139. 182.028 of the statutes is amended to read: