b. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of 6 months or less immediately preceding the date of application for membership has 2nd priority for admission.
c. A person who is not a resident of the state on the date of application for membership in a veterans home has 3rd priority for admission.
20,797
Section
797. 45.51 (5) (intro.) of the statutes is amended to read:
45.51 (5) Additional eligibility requirements of a surviving spouse. (intro.) The surviving spouse of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the veteran's death is eligible if the surviving spouse meets the requirements of sub. (2) (b) 3. to 5. and if the surviving spouse satisfies all of the following conditions:
20,798
Section
798. 45.51 (5) (f) of the statutes is repealed.
20,799
Section
799. 45.51 (6) (intro.) of the statutes is amended to read:
45.51 (6) Additional eligibility requirements of parents. (intro.) The parent of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the person's death or, the parent of a living person under sub. (2) (a) 1. or 2. who is eligible for membership, or the parent of a person who died while in the service is eligible if the parent meets the requirements of sub. (2) (b) 3. to 5. and if the parent satisfies all of the following conditions:
20,800
Section
800. 45.51 (6) (b) of the statutes is repealed.
20,801
Section
801. 45.51 (6m) of the statutes is created to read:
45.51 (6m) Residency. In order to be eligible for benefits under this subchapter, a person specified under sub. (2) (a) 1., 2., or 3. does not have to be a resident of this state on the date of application for membership.
20,801f
Section 801f. 45.57 of the statutes is created to read:
45.57 Veterans homes; transfer of funding. (1)
On June 30 of each fiscal year, the department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund.
(2) The department may not transfer money under this section unless it first notifies the joint committee on finance in writing of the proposal. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposal, the department may transfer the money. If, within 14 working days after the date of the notification by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposal, the department may transfer the money only upon approval of the committee. A proposal as submitted by the department is approved unless a majority of the members of the committee who attend the meeting to review the proposal vote to modify or deny the proposal.
20,802m
Section 802m. 45.60 (2) of the statutes is amended to read:
45.60 (2) Stipends. From the appropriation under s. 20.485 (2) (dm) (sm), the department shall reimburse a local unit of a member organization of the council on veterans programs or a local unit of a veterans organization certified by the department to provide military funeral honors for the costs of providing military funeral honors in this state to a person described in sub. (1). The reimbursement may not exceed $50 for each funeral for which military honors are provided.
20,803
Section
803. 45.61 (2) (f) of the statutes is created to read:
45.61 (2) (f) A person who is a member of a veterans home under s. 45.50.
20,805
Section
805. 45.61 (4) of the statutes is renumbered 45.61 (4) (a).
20,806
Section
806. 45.61 (4) (b) of the statutes is created to read:
45.61 (4) (b) In processing applications for burial plots, the department shall maintain a waiting list for each of the cemeteries operated under sub. (1) and shall give priority to state residents on each waiting list.
20,808
Section
808. 45.70 (1) of the statutes is renumbered 45.70 (1m).
20,809
Section
809. 45.70 (1b) (title) of the statutes is created to read:
45.70 (1b) (title) Establishment and modifications of memorials.
20,810
Section
810. 45.70 (1b) (b) of the statutes is created to read:
45.70 (1b) (b) The board may act under par. (a) only if the department estimates that the cost of implementing the proposal for an established or future state memorial will exceed $25,000.
20,811
Section
811. 45.70 (2) (a) of the statutes is renumbered 45.70 (1b) (a) and amended to read:
45.70 (1b) (a) The board may approve, recommend, and veto any proposed plans, modifications, and changes or policies with respect to established state memorials, including the Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), and any future veterans state memorials, and may recommend the creation and establishment of future veterans state memorials.
20,812
Section
812. 45.70 (2) (b) of the statutes is amended to read:
45.70 (2) (b) No structures, other than memorials approved by the board, and no walks, roads, or subterranean footings may be placed or erected upon Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless authorized by the legislature; nor shall the park be used for any purpose other than a memorial park.
20,813
Section
813. 45.82 (4) of the statutes is amended to read:
45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to $8,500 $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.
20,814
Section
814. 46.03 (30) (a) of the statutes is amended to read:
46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. ss. 13.48 (14) (am) and 16.848 (1), explore the possible sale or lease of such excess facilities to a county department under s. 51.42.
20,815
Section
815. 46.035 (2) (a) of the statutes is amended to read:
46.035 (2) (a) Without limitation by reason of any other provisions of the statutes except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.
20,816
Section
816. 46.057 (2) of the statutes is amended to read:
46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,890,700 $2,707,100 in fiscal year 2011-12 2013-14 and $2,964,000 $2,772,800 in fiscal year 2012-13 2014-15, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.
20,817
Section
817. 46.06 (4) of the statutes is amended to read:
46.06 (4) Sales. The department may, with the approval of the building commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to s. 13.48 (14) (c).
20,818
Section
818. 46.07 of the statutes is amended to read:
46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).
20,819
Section
819. 46.21 (1) (d) of the statutes is amended to read:
46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3, and manpower services. "Human services" does not include child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.
20,820
Section
820. 46.215 (1) (intro.) of the statutes is amended to read:
46.215 (1) Creation; powers and duties. (intro.) In Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, in a county with a population of 500,000 750,000 or more the administration of welfare services, other than child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county department of social services shall have the following functions, duties, and powers, and such other welfare functions as may be delegated to it:
20,821
Section
821. 46.27 (7g) (a) 1m. of the statutes is created to read:
46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient surviving spouse, whichever is applicable.
20,822
Section
822. 46.27 (7g) (a) 4. of the statutes is created to read:
46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was married to a client while the client was receiving services for which the cost may be recovered under par. (c) 1. and who survived the client.
20,823
Section
823. 46.27 (7g) (a) 5. of the statutes is created to read:
46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal property to which the client held any legal title or in which the client had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.
b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and personal property in which the nonclient surviving spouse had an ownership interest at the client's death and in which the client had a marital property interest with that nonclient surviving spouse at any time within 5 years before the client applied for long-term community support services funded under sub. (7) or during the time that the client was eligible for long-term community support services funded under sub. (7).
20,824
Section
824. 46.27 (7g) (c) 1. of the statutes is amended to read:
46.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim against the estate of a client or, and against the estate of the a nonclient surviving spouse of a client, for the amount of long-term community support services funded under sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.
20,825
Section
825. 46.27 (7g) (c) 2m. of the statutes is created to read:
46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all property of a decedent that is included in the estate.
b. There is a presumption, which may be rebutted by clear and convincing evidence, that all property in the estate of the nonclient surviving spouse was marital property held with the client and that 100 percent of the property in the estate of the nonclient surviving spouse is subject to the department's claim under subd. 1.
20,826
Section
826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:
46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's decedent's heirs or the beneficiaries of the client's decedent's will to retain the following personal property:
20,827
Section
827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:
46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home real property subject to a lien in favor of the department for the amount described in subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).
20,828
Section
828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:
46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd. 4., the estate includes an interest in real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home real property is assigned subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.
20,829
Section
829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:
46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd. 5. as long as any of the following survive the decedent:
20,830
Section
830. 46.27 (7g) (c) 6m. of the statutes is created to read:
46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the department may not enforce because of subd. 6.:
a. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.
b. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).
20,831
Section
831. 46.27 (7g) (g) of the statutes is amended to read:
46.27 (7g) (g) The department shall promulgate rules establishing standards for determining whether the application of this subsection would work an undue hardship in individual cases. If the department determines that the application of this subsection would work an undue hardship in a particular case, the department shall waive application of this subsection in that case. This paragraph does not apply with respect to claims against the estates of nonclient surviving spouses.
20,831f
Section 831f. 46.281 (1n) (g) and (h) of the statutes are created to read:
46.281 (1n) (g) Notify, within 48 hours of the admission of an enrollee, a county that has financial responsibility for an enrollee who has been admitted to a mental health institute, as defined in s. 51.01 (12).
(h) Establish criteria to determine, and determine, whether an enrollee is at substantial risk for being admitted to a mental health institute, as defined in s. 51.01 (12).
20,831p
Section 831p. 46.284 (8) of the statutes is created to read:
46.284 (8) Admissions to mental health institutes. (a) In this subsection, "mental health institute" has the meaning given in s. 51.01 (12).
(b) Every care management organization shall maintain for each enrollee a record of individuals who can be contacted in case of an emergency involving that enrollee.
(c) Subject to par. (d), every care management organization and each county in which the care management organization operates shall create an emergency plan for every enrollee who the department determines is at substantial risk of being admitted to a mental health institute. The care management organization and county shall include in the emergency plan an emergency contact in case the enrollee is admitted and a potential placement for when the enrollee is discharged from the mental health institute.
(d) If an enrollee is admitted to a mental health institute, the financially responsible county; the county that approved the admission to the mental health institute, if different; and the care management organization in which the enrollee was enrolled shall create a team that includes all of the following to coordinate a new placement for the enrollee:
1. The enrollee's guardian or emergency contact.
2. A social worker from each county involved.
3. A social worker from the care management organization.
4. A psychiatrist or psychologist.
5. An individual representing a law enforcement agency.
20,833
Section
833. 46.286 (7) of the statutes is amended to read:
46.286 (7) Recovery of family care benefit payments; rules. The department shall
promulgate rules relating apply to the recovery from persons who receive the family care benefit, including by liens and affidavits and from estates, of correctly and incorrectly paid family care benefits, that are substantially similar to
the applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.
20,834
Section
834. 46.287 (2) (a) 1. k. of the statutes is amended to read:
46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286 (7).
20,834h
Section 834h. 46.2899 of the statutes is created to read:
