AB40,805 11Section 805. 45.61 (4) of the statutes is renumbered 45.61 (4) (a).
AB40,806 12Section 806. 45.61 (4) (b) of the statutes is created to read:
AB40,481,1513 45.61 (4) (b) In processing applications for burial plots, the department shall
14maintain a waiting list for each of the cemeteries operated under sub. (1) and shall
15give priority to state residents on each waiting list.
AB40,807 16Section 807. 45.61 (5) (a) of the statutes is amended to read:
AB40,481,2317 45.61 (5) (a) Expenses incident to the burial under this section of persons
18described in sub. (2) (a) and (b) to (e) shall be paid from the estate of the decedent,
19except that if there is no estate or the estate is insufficient, the expense of burial, or
20necessary part of the burial, shall be paid from the appropriation under s. 20.485 (1)
21(gk) (r) for members of veterans homes, and the amount expended for those expenses
22shall not exceed the amount established for funeral and burial expenses under s.
2349.785 (1) (b).
AB40,808 24Section 808. 45.70 (1) of the statutes is renumbered 45.70 (1m).
AB40,809 25Section 809. 45.70 (1b) (title) of the statutes is created to read:
AB40,482,1
145.70 (1b) (title) Establishment and modifications of memorials.
AB40,810 2Section 810. 45.70 (1b) (b) of the statutes is created to read:
AB40,482,53 45.70 (1b) (b) The board may act under par. (a) only if the department estimates
4that the cost of implementing the proposal for an established or future state
5memorial will exceed $25,000.
AB40,811 6Section 811. 45.70 (2) (a) of the statutes is renumbered 45.70 (1b) (a) and
7amended to read:
AB40,482,128 45.70 (1b) (a) The board may approve, recommend, and veto any proposed
9plans, modifications, and changes or policies with respect to established state
10memorials, including the Camp Randall Memorial Park, Madison, Wisconsin, as
11described in par. (c),
and any future veterans state memorials, and may recommend
12the creation and establishment of future veterans state memorials.
AB40,812 13Section 812. 45.70 (2) (b) of the statutes is amended to read:
AB40,482,1814 45.70 (2) (b) No structures, other than memorials approved by the board, and
15no walks, roads, or subterranean footings may be placed or erected upon Camp
16Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless
17authorized by the legislature; nor shall the park be used for any purpose other than
18a memorial park.
AB40,813 19Section 813. 45.82 (4) of the statutes is amended to read:
AB40,483,320 45.82 (4) The department shall provide grants to the governing bodies of
21federally recognized American Indian tribes and bands from the appropriation
22under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with
23the department regarding the creation, goals, and objectives of a tribal veterans
24service officer, appoints a veteran to act as a tribal veterans service officer, and gives
25that veteran duties similar to the duties described in s. 45.80 (5), except that the

1veteran shall report to the governing body of the tribe or band. The department may
2make annual grants of up to $8,500 $15,000 per grant under this subsection and shall
3promulgate rules to implement this subsection.
AB40,814 4Section 814. 46.03 (30) (a) of the statutes is amended to read:
AB40,483,105 46.03 (30) (a) To provide for an orderly reduction of state institutional primary
6psychiatric services the department may approve the institutes entering into
7contracts with county departments under s. 51.42 for providing primary psychiatric
8care. If excess capacity exists at state operated mental health institutes, the
9department shall, subject to s. ss. 13.48 (14) (am) and 16.848 (1), explore the possible
10sale or lease of such excess facilities to a county department under s. 51.42.
AB40,815 11Section 815. 46.035 (2) (a) of the statutes is amended to read:
AB40,483,1812 46.035 (2) (a) Without limitation by reason of any other provisions of the
13statutes except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey
14title in fee simple to a nonprofit corporation any land and any existing buildings
15thereon owned by, or owned by the state and held for, the department or of any of the
16institutions under the jurisdiction of the department for such consideration and
17upon such terms and conditions as in the judgment of the secretary are in the public
18interest.
AB40,816 19Section 816. 46.057 (2) of the statutes is amended to read:
AB40,484,320 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
21department of corrections shall transfer to the appropriation account under s. 20.435
22(2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s.
2320.410 (3) (hm), the department of corrections shall transfer to the appropriation
24account under s. 20.435 (2) (kx) $2,890,700 $2,707,100 in fiscal year 2011-12
252013-14 and $2,964,000 $2,772,800 in fiscal year 2012-13 2014-15, for services for

1juveniles placed at the Mendota juvenile treatment center. The department of health
2services may charge the department of corrections not more than the actual cost of
3providing those services.
AB40,817 4Section 817. 46.06 (4) of the statutes is amended to read:
AB40,484,115 46.06 (4) Sales. The department may, with the approval of the building
6commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell
7and convey such lands under the jurisdiction of the department as the secretary
8deems to be in excess of the present or future requirements of the department for
9either the operation of its facilities or programs, for the maintenance of buffer zones
10adjacent to its facilities or for other public purposes. The proceeds of such sales are
11subject to s. 13.48 (14) (c).
AB40,818 12Section 818. 46.07 of the statutes is amended to read:
AB40,485,5 1346.07 Property of patients or residents. All money including wages and
14other property delivered to an officer or employee of any institution for the benefit
15of a patient or resident shall immediately be delivered to the steward, who shall enter
16the money upon the steward's books to the credit of the patient or resident. The
17property shall be used only under the direction and with the approval of the
18superintendent and for the crime victim and witness assistance surcharge under s.
19973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
20(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child
21pornography surcharge under s. 973.042, the drug offender diversion surcharge
22under s. 973.043, or the benefit of the patient or resident. If the money remains
23uncalled for for one year after the patient's or resident's death or departure from the
24institution, the superintendent shall deposit the money in the general fund. If any
25patient or resident leaves property, other than money, uncalled for at an institution

1for one year, the superintendent shall sell the property, and the proceeds shall be
2deposited in the general fund. If any person satisfies the department, within 5 years
3after the deposit, of his or her right to the deposit, the department shall direct the
4department of administration to draw its warrant in favor of the claimant and it shall
5charge the same to the appropriation made by s. 20.913 (3) (c).
AB40,819 6Section 819. 46.21 (1) (d) of the statutes is amended to read:
AB40,485,147 46.21 (1) (d) "Human services" means the total range of services to people,
8including mental illness treatment, developmental disabilities services, physical
9disabilities services, income maintenance, youth probation, extended supervision
10and parole services, alcohol and drug abuse services, services to children, youth and
11families, family counseling, early intervention services for children from birth to the
12age of 3, and manpower services. "Human services" does not include child welfare
13services administered by the department of children and families under s. 48.48 (17)
14administered by the department in a county having a population of 500,000 or more.
AB40,820 15Section 820. 46.215 (1) (intro.) of the statutes is amended to read:
AB40,486,316 46.215 (1) Creation; powers and duties. (intro.) In Except as provided in ss.
1749.155 (3g), 49.78 (1r), 49.825, and 49.826, in
a county with a population of 500,000
18750,000 or more the administration of welfare services, other than child welfare
19services administered by the department of children and families under s. 48.48 (17)
20administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r),
2149.825, and 49.826
, is vested in a county department of social services under the
22jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any
23reference in any law to a county department of social services under this section
24applies to a county department under s. 46.21 (2m) in its administration under s.
2546.21 (2m) of the powers and duties of the county department of social services.

1Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county
2department of social services shall have the following functions, duties, and powers,
3and such other welfare functions as may be delegated to it:
AB40,821 4Section 821. 46.27 (7g) (a) 1m. of the statutes is created to read:
AB40,486,65 46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient
6surviving spouse, whichever is applicable.
AB40,822 7Section 822. 46.27 (7g) (a) 4. of the statutes is created to read:
AB40,486,108 46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was
9married to a client while the client was receiving services for which the cost may be
10recovered under par. (c) 1. and who survived the client.
AB40,823 11Section 823. 46.27 (7g) (a) 5. of the statutes is created to read:
AB40,486,1612 46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal
13property to which the client held any legal title or in which the client had any legal
14interest immediately before death, to the extent of that title or interest, including
15assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in
16common, survivorship, life estate, living trust, or any other arrangement.
AB40,486,2317 b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and
18personal property in which the nonclient surviving spouse had an ownership interest
19at the client's death and in which the client had a marital property interest with that
20nonclient surviving spouse at any time within 5 years before the client applied for
21long-term community support services funded under sub. (7) or during the time that
22the client was eligible for long-term community support services funded under sub.
23(7).
AB40,824 24Section 824. 46.27 (7g) (c) 1. of the statutes is amended to read:
AB40,487,5
146.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim
2against the estate of a client or, and against the estate of the a nonclient surviving
3spouse of a client, for the amount of long-term community support services funded
4under sub. (7) paid on behalf of the client after the client attained 55 years of age,
5unless already recovered by the department under this subsection.
AB40,825 6Section 825. 46.27 (7g) (c) 2m. of the statutes is created to read:
AB40,487,97 46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under
8subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all
9property of a decedent that is included in the estate.
AB40,487,1310 b. There is a presumption, which may be rebutted by clear and convincing
11evidence, that all property in the estate of the nonclient surviving spouse was marital
12property held with the client and that 100 percent of the property in the estate of the
13nonclient surviving spouse is subject to the department's claim under subd. 1.
AB40,826 14Section 826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:
AB40,487,1815 46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under
16subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's
17decedent's heirs or the beneficiaries of the client's decedent's will to retain the
18following personal property:
AB40,827 19Section 827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:
AB40,488,220 46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd.
214. and the estate includes an interest in real property, including a home, the court
22exercising probate jurisdiction shall, in the final judgment or summary findings and
23order, assign the interest in the home real property subject to a lien in favor of the
24department for the amount described in subd. 1. The personal representative or

1petitioner for summary settlement or summary assignment of the estate shall record
2the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).
AB40,828 3Section 828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:
AB40,488,104 46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd.
54., the estate includes an interest in real property, including a home, and the personal
6representative closes the estate by sworn statement under s. 865.16, the personal
7representative shall stipulate in the statement that the home real property is
8assigned subject to a lien in favor of the department for the amount described in subd.
91. The personal representative shall record the statement in the same manner as
10described in s. 863.29, as if the statement were a final judgment.
AB40,829 11Section 829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:
AB40,488,1312 46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd.
135. as long as any of the following survive the decedent:
AB40,830 14Section 830. 46.27 (7g) (c) 6m. of the statutes is created to read:
AB40,488,1615 46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the
16department may not enforce because of subd. 6.:
AB40,488,1917 a. If the decedent's surviving spouse or child who is under age 21 or disabled
18refinances a mortgage on the real property, the lien is subordinate to the new
19encumbrance.
AB40,488,2120 b. The department shall release the lien in the circumstances described in s.
2149.848 (5) (f).
AB40,831 22Section 831. 46.27 (7g) (g) of the statutes is amended to read:
AB40,489,323 46.27 (7g) (g) The department shall promulgate rules establishing standards
24for determining whether the application of this subsection would work an undue
25hardship in individual cases. If the department determines that the application of

1this subsection would work an undue hardship in a particular case, the department
2shall waive application of this subsection in that case. This paragraph does not apply
3with respect to claims against the estates of nonclient surviving spouses.
AB40,832 4Section 832. 46.286 (1m) of the statutes is created to read:
AB40,489,115 46.286 (1m) Income and assets excluded. For purposes of determining a
6person's financial eligibility under sub. (1) (b) and cost-sharing requirements under
7sub. (2), to the extent approved by the federal government, the department or its
8designee shall exclude any assets accumulated in an independence account, as
9defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned
10or accumulated from employment income or employer contributions while the person
11was employed and eligible for and receiving medical assistance under s. 49.472.
AB40,833 12Section 833. 46.286 (7) of the statutes is amended to read:
AB40,489,1713 46.286 (7) Recovery of family care benefit payments; rules. The department
14shall promulgate rules relating apply to the recovery from persons who receive the
15family care benefit, including by liens and affidavits and from estates, of correctly
16and incorrectly paid family care benefits, that are substantially similar to the
17applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.
AB40,834 18Section 834. 46.287 (2) (a) 1. k. of the statutes is amended to read:
AB40,489,2019 46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286
20(7)
.
AB40,835 21Section 835. 46.48 (30) (a) of the statutes is amended to read:
AB40,490,522 46.48 (30) Substance abuse treatment grants. (a) From the appropriation
23account under s. 20.435 (7) (5) (bc), the department shall distribute grants on a
24competitive basis to county departments of social services and to private nonprofit
25organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug

1abuse treatment services in counties with a population of 500,000 or more. Grants
2distributed under this subsection may be used only to provide treatment for alcohol
3and other drug abuse to individuals who are eligible for federal temporary assistance
4for needy families under 42 USC 601 et. seq. and who have a family income of not
5more than 200% of the poverty line, as defined in s. 49.001 (5).
AB40,836 6Section 836. 46.48 (31) of the statutes is created to read:
AB40,490,107 46.48 (31) Peer run respite centers. The department may distribute not more
8than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer
9run respite centers for individuals with mental health and substance abuse
10concerns.
AB40,837 11Section 837. 46.52 of the statutes is amended to read:
AB40,490,17 1246.52 Systems change grants. From the appropriation under s. 20.435 (7)
13(5) (md), the department shall distribute funds to each grant recipient under this
14section so as to permit initial phasing in of recovery-oriented system changes,
15prevention and early intervention strategies, and consumer and family involvement
16for individuals with mental illness. At least 10% of the funds distributed shall be for
17children with mental illness.
AB40,838 18Section 838. 46.53 of the statutes is amended to read:
AB40,490,24 1946.53 Mental health treatment provider training. From the
20appropriation under s. 20.435 (7) (5) (md), the department may not distribute more
21than $182,000 in each fiscal year to provide training for mental health treatment
22professionals on new mental health treatment approaches in working with special
23populations, including seriously mentally ill individuals and children with serious
24emotional disturbances, and on the use of new mental health treatment medications.
AB40,839 25Section 839. 46.54 of the statutes is amended to read:
AB40,491,6
146.54 Consumer and family self-help and peer-support programs.
2From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute
3$874,000 in each fiscal year to increase support for mental health family support
4projects, employment projects operated by consumers of mental health services,
5mental health crisis intervention and drop-in projects, and public mental health
6information activities.
AB40,840 7Section 840. 46.55 (3m) of the statutes is amended to read:
AB40,491,108 46.55 (3m) Within the limits of available funding under s. 20.435 (7) (5) (mb),
9the department shall award grants under this section in a total amount for all grants
10of not more than $250,000 in each fiscal year.
AB40,841 11Section 841. 46.56 (1) (hm) of the statutes is created to read:
AB40,491,1312 46.56 (1) (hm) "Multi-entity initiative" means an initiative including more
13than one county or tribe that is established under sub. (2) (b).
AB40,842 14Section 842. 46.56 (2) of the statutes is renumbered 46.56 (2) (a) and amended
15to read:
AB40,491,2116 46.56 (2) (a) If Except as provided in par. (b), if a county board of supervisors
17establishes an initiative under s. 59.53 (7) or if a tribe establishes an initiative, the
18county board or tribe shall appoint a coordinating committee and designate an
19administering agency. The initiative may be funded by the county or tribe or the
20county board of supervisors or tribe may apply for funding by the state in accordance
21with sub. (15).
AB40,843 22Section 843. 46.56 (2) (b) of the statutes is created to read:
AB40,492,623 46.56 (2) (b) A county may enter into an agreement with one or more other
24counties or tribes to establish an initiative and a tribe may enter into an agreement
25with one or more counties or tribes to establish an initiative. The parties to the

1agreement shall designate in the agreement a single lead administrative county or
2lead administrative tribe. The county board of the lead administrative county or the
3lead administrative tribe shall appoint a coordinating committee and designate an
4administering agency. The initiative may be funded by the participating entities, or
5the county board of supervisors of the lead administrative county or the lead
6administrative tribe may apply for funding by the state in accordance with sub. (15).
AB40,844 7Section 844. 46.56 (3) (bm) of the statutes is created to read:
AB40,492,128 46.56 (3) (bm) 1. The coordinating committee of a multi-entity initiative shall
9include representatives described under par. (a) 1. to 7. who are from any county or
10tribe included in the multi-entity initiative, except that, of the representatives
11described under par. (a) 1. to 7., the committee shall include at least one
12representative from each county or tribe included in the initiative.
AB40,492,1513 2. For purposes of a coordinating committee appointed for a multi-entity
14initiative, a representative under par. (b) 1., 2., 4., 5., 6., 7., and 11. may be from any
15county or tribe included in the multi-entity initiative.
AB40,845 16Section 845. 46.56 (3) (d) 6. of the statutes is amended to read:
AB40,492,1917 46.56 (3) (d) 6. If a county or tribe or a multi-entity initiative applies for
18funding under sub. (15), assist the administering agency in developing the
19application required under sub. (15) (b).
AB40,846 20Section 846. 46.56 (3) (d) 14. of the statutes is amended to read:
AB40,492,2421 46.56 (3) (d) 14. Establish target groups of children who are involved in 2 or
22more systems of care and their families to be served by the initiative. For a county
23or tribe or a multi-entity initiative that applies for funding under sub. (15), severely
24emotionally disturbed children are required to be a priority target group.
AB40,847 25Section 847. 46.56 (3) (f) of the statutes is created to read:
AB40,493,3
146.56 (3) (f) This subsection does not apply with respect to multi-entity
2initiatives to the extent that the department has adopted requirements under sub.
3(14) (e) that conflict with those contained in this subsection.
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