2017 Wisconsin Act 59

59,738h Section 738h. 45.21 (2) (a) of the statutes is amended to read:

45.21 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board under s. 38.50 440.52, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.

59,738j Section 738j. 45.21 (2) (a) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

45.21 (2) (a) The veteran is enrolled in a training course in a technical college under ch. 38 or in a proprietary school in the state approved by the educational approval board department of safety and professional services under s. 440.52, other than a proprietary school offering a 4-year degree or 4-year program, or is engaged in a structured on-the-job training program that meets program requirements promulgated by the department by rule.

59,739g Section 739g. 45.41 (2) (intro.) of the statutes is renumbered 45.41 (2) (am) and amended to read:

45.41 (2) (am) Upon application the department may make a payment to any state veterans organization that establishes that it, or its national organization, or both, has maintained a full-time service office at the regional office for 5 consecutive years out of the 10-year period immediately preceding the application. Any payment shall be as follows, calculated based on the total amount of all salaries and travel expenses under sub. (3) paid during the previous fiscal year by the state veterans organization to employees engaged in veterans claims service and stationed at the regional office:. The department shall pay an amount equal to 50 percent of all salaries and travel expenses under sub. (3) or $100,000, whichever is less, to a recipient under this paragraph.

59,739h Section 739h. 45.41 (2) (a) of the statutes is repealed.

59,739i Section 739i. 45.41 (2) (d) of the statutes is repealed.

59,739j Section 739j. 45.41 (2) (e) of the statutes is amended to read:

45.41 (2) (e) An organization that receives a payment under par. (a) or (d) (am) shall maintain records as required by the department concerning the organization's expenditure of the payment. That organization shall give the department access to those records upon request of the department, and the department may audit those records.

59,739k Section 739k. 45.41 (3m) of the statutes is amended to read:

45.41 (3m) If the total amount of payments committed to be paid under sub. (2) (a) and (d) (am) exceeds the amount available for the payments from the appropriation under s. 20.485 (2) (vw), the department shall prorate the reimbursement payments among the state veterans organizations receiving the payments.

59,739m Section 739m. 45.41 (4) (a) of the statutes is amended to read:

45.41 (4) (a) From the appropriation under s. 20.485 (2) (s), the department shall annually provide a payment of $120,000 $200,000 to the Wisconsin department of the Disabled American Veterans for the provision of transportation services to veterans.

59,739n Section 739n. 45.41 (5) of the statutes is amended to read:

45.41 (5) From the appropriation under s. 20.485 (2) (vw) (vs), the department may annually grant up to $50,000 $75,000 to the Wisconsin department of the American Legion for the operation of Camp American Legion.

59,739pg Section 739pg. 45.45 of the statutes is repealed.

59,739pm Section 739pm. 45.46 of the statutes is amended to read:

45.46 Grants to nonprofit organizations that serve veterans and their families. From the appropriation under s. 20.485 (2) (tf) (th), the department may make grants of up to a total of $250,000 annually to nonprofit organizations, as defined in s. 108.02 (19), and no more than $25,000 to each grant recipient, to provide financial assistance or other services to veterans and their dependents.

59,739pv Section 739pv. 45.50 (2m) (d) of the statutes is repealed.

59,739py Section 739py. 45.50 (4) (b) of the statutes is amended to read:

45.50 (4) (b) The department may accept gifts, bequests, grants, or donations of money or of property from private sources to be administered by the department for the purposes of veterans homes. All moneys received shall be paid into the general fund and appropriated as provided in s. 20.485 (1) (h), except that gifts or grants received specifically for the purposes of the geriatric program at veterans homes are appropriated as provided in s. 20.485 (1) (hm). The department may not apply to the gifts and bequests fund interest on certificate of savings deposits for those members who do not receive maximum monthly retained income. The department shall establish for those persons upon their request individual accounts with savings and interest applied as the member requests.

59,739qg Section 739qg. 45.57 (1) of the statutes is renumbered 45.57 (1) (a) and amended to read:

45.57 (1) (a) The Subject to par. (b), 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.

59,739qm Section 739qm. 45.57 (1) (b) of the statutes is created to read:

45.57 (1) (b) Before transferring all or part of an appropriation balance under par. (a), the department shall notify the joint committee on finance in writing of the proposed balance transfer. 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 for the purpose of reviewing the proposed balance transfer, the balance transfer may be made as proposed by the department. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed balance transfer, the balance may be made only upon approval of the committee.

59,739r Section 739r. 45.58 of the statutes is amended to read:

45.58 Grants to local governments. From the appropriation under s. 20.485 (1) (kj), the department may make up to $300,000 each fiscal biennium in grants to cities, villages, and towns that provide services to veterans homes and other facilities for veterans. A city, village, or town may not expend grant moneys it receives under this section for any purpose other than providing fire and emergency medical services to veterans homes and other facilities for veterans.

59,739s Section 739s. 45.70 (1m) of the statutes is repealed.

59,740 Section 740 . 45.82 (2) of the statutes is amended to read:

45.82 (2) The department of veterans affairs shall award a grant annually, on a reimbursable basis as specified in this subsection, to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans service officer developed and administered by the bureau of merit recruitment and selection in the department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The department of veterans affairs shall twice yearly reimburse grant recipients for documented expenses under sub. (5), subject to the following annual reimbursement limits: grant shall be $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

59,741 Section 741 . 45.82 (4) of the statutes is amended to read:

45.82 (4) The department shall provide grants on a reimbursable basis as specified in this subsection to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) (vu) 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 shall twice yearly reimburse grant recipients for documented expenses under sub. (5), may make annual grants in an amount not to exceed $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.

59,742m Section 742m. 45.82 (5) of the statutes is repealed.

59,744 Section 744 . 45.82 (6) of the statutes is repealed.

59,744av Section 744av. 46.03 (1m) of the statutes is created to read:

46.03 (1m) Institute appropriation surplus. After June 30 of each even-numbered fiscal year, determine the unencumbered amount remaining in the appropriation account under s. 20.435 (2) (gk) and provide this information to county and tribal human services departments. If the unencumbered amount in the appropriation account under s. 20.435 (2) (gk) on June 30 of an even-numbered fiscal year exceeds 17 percent over the amount of expenditures made during the even-numbered fiscal year, the department shall consult with county and tribal human services departments to develop a proposal for the use of that excess amount. The department shall submit the proposal for use of the excess amount, if an excess amount exists, in its next biennial budget request.

59,744b Section 744b. 46.036 (4) (c) of the statutes is amended to read:

46.036 (4) (c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000 $100,000. The audit shall follow standards that the department prescribes.

59,744c Section 744c. 46.036 (5m) (b) 1. of the statutes is amended to read:

46.036 (5m) (b) 1. Subject to subd. 2. and pars. (e) and (em), if If revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider may to retain from the surplus generated by that rate-based service up to 5 percent of the revenue received under the contract. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus unless a uniform rate is established by rule under subd. 4., in which case the contract shall allow the provider to retain the uniform percentage rate established by the rule. The retained surplus is the property of the provider.

59,744d Section 744d. 46.036 (5m) (b) 2. of the statutes is repealed.

59,744e Section 744e. 46.036 (5m) (b) 3. of the statutes is created to read:

46.036 (5m) (b) 3. If on December 31 of any year the provider's accumulated surplus from all contract periods ending during that year for a rate-based service exceeds the allowable retention rate under subd. 1., the provider shall provide written notice of that excess to all purchasers of the rate-based service. Upon the written request of such a purchaser received no later than 6 months after the date of the notice, the provider shall refund the purchaser's proportional share of that excess. If the department determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department may seek to recover funds after the 6-month period has expired. The department shall commence any audit or fiscal review under this subdivision within 6 years after the end of the contract period.

59,744f Section 744f. 46.036 (5m) (b) 4. of the statutes is created to read:

46.036 (5m) (b) 4. The department, in consultation with the department of children and families and the department of corrections, shall promulgate rules to implement this subsection including all of the following:

a. Requiring that contracts for rate-based services under this subsection allow a provider to retain from any surplus revenue up to 5 percent of the total revenue received under the contract, or a different percentage rate determined by the department. The percentage rate established under this subd. 4. a. shall apply uniformly to all rate-based service contracts under this subsection.

b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this subsection.

59,744g Section 744g. 46.036 (5m) (e) of the statutes is amended to read:

46.036 (5m) (e) Notwithstanding par. (b) 1. and 2., the department or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.

59,744h Section 744h. 46.036 (5m) (em) of the statutes is amended to read:

46.036 (5m) (em) Notwithstanding pars. (b) 1. and 2. and (e), a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus under par. (b) 1., accumulate funds under par. (b) 2., or allocate an amount under par. (e) from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

59,745 Section 745 . 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) $2,929,200 $2,869,200 in fiscal year 2015-16 2017-18 and $2,997,600 $2,932,600 in fiscal year 2016-17 2018-19, 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.

59,746 Section 746 . 46.269 of the statutes is created to read:

46.269 Determining financial eligibility for long-term care programs. To the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in a person's independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving state-funded benefits under s. 46.27 or medical assistance under s. 49.472 in determining financial eligibility and cost-sharing requirements, if any, for a long-term care program under s. 46.27, 46.275, or 46.277, for the family care program that provides the benefit defined in s. 46.2805 (4), for the Family Care Partnership program, or for the self-directed services option, as defined in s. 46.2897 (1).

59,747 Section 747 . 46.283 (5) of the statutes is amended to read:

46.283 (5) Funding. From the appropriation accounts under s. 20.435 (1) (n), (4) (b), (bd), (bm), (gm), (pa), and (w), and (7) (b) and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

59,747w Section 747w. 46.2899 (2), (3) and (4) of the statutes are amended to read:

46.2899 (2) Waiver program. The department shall request a waiver, or a modification of a waiver, from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of health care institutions. If the waiver or modification of the waiver is approved, the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.

(3) Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the health care institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a health care institution.

(4) Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section based on what the individual would receive if enrolled in the self-directed services option.

59,748 Section 748 . 46.29 (1) (intro.) of the statutes is amended to read:

46.29 (1) (intro.) From the appropriation account under s. 20.435 (4) (1) (a), the department shall distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

59,749 Section 749 . 46.295 (1) of the statutes is amended to read:

46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation accounts under s. 20.435 (4) (1) (da) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

59,750 Section 750 . 46.297 (1) of the statutes is amended to read:

46.297 (1) Assistance. From the appropriation under s. 20.435 (7) (d) (1) (da), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.

59,751 Section 751 . 46.48 (1) of the statutes is amended to read:

46.48 (1) General. From the appropriation accounts under s. 20.435 (1) (b), (5) (bc), and (7) (bc), the department shall award grants for community programs as provided in this section.

59,752 Section 752 . 46.48 (32) of the statutes is amended to read:

46.48 (32) Peer-run respite center contracts. The department shall contract with a peer-run organization to establish peer-run respite centers for individuals experiencing mental health conditions or substance abuse. Notwithstanding sub. (1), the department may make payments to an organization that establishes peer-run respite centers that provide services to veterans from the appropriation under s. 20.435 (5) (kp).

59,752b Section 752b. 46.48 (32) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

46.48 (32) Peer-run respite center contracts. The department shall contract with a peer-run organization to establish peer-run respite centers for individuals experiencing mental health conditions or substance abuse. Notwithstanding sub. (1), the department may make payments to an organization that establishes peer-run respite centers that provide services to veterans from the appropriation under s. 20.435 (5) (kp).

59,753 Section 753 . 46.80 (2m) (b) of the statutes is amended to read:

46.80 (2m) (b) May operate the foster grandparent project specified under 42 USC 5011 (a). If the department operates that project, the department shall distribute funds from the appropriation under s. 20.435 (7) (1) (dh) to supplement any federal foster grandparent project funds received under 42 USC 5011 (a).

59,754 Section 754 . 46.80 (5) (a) of the statutes is amended to read:

46.80 (5) (a) From the appropriation under s. 20.435 (7) (1) (dh), the department shall provide a state supplement to the federal congregate nutrition projects under 42 USC 3030e, in effect on April 30, 1980, which will promote expansion of projects throughout the state and, from the appropriation under s. 20.435 (7) (1) (kn), the department shall provide a state supplement to the federal congregate nutrition projects of $450,000 for home-delivered meals and $50,000 for congregate meals. Except as provided in par. (b), the department shall allocate these funds based on the formulas developed by the department under sub. (2m) (a) 2. A county that receives federal funds for congregate nutrition projects on or after July 1, 1977, may not receive under this paragraph an amount that is less than the 1976-77 allocation as a result of the program expansion. This paragraph does not require that federal limitations on the use of federal congregate nutrition funds for home delivered meals apply to the state supplement.

59,755 Section 755 . 46.81 (2) of the statutes is amended to read:

46.81 (2) From the appropriation account under s. 20.435 (7) (1) (dh), the department shall allocate $2,298,400 in each fiscal year to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.

59,756 Section 756 . 46.81 (5) of the statutes is amended to read:

46.81 (5) From the appropriation under s. 20.435 (7) (1) (dh) the department shall allocate $182,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.

59,757 Section 757 . 46.85 (3m) (a) of the statutes is amended to read:

46.85 (3m) (a) From the appropriation under s. 20.435 (7) (1) (dh), the department shall provide a state supplement to federally funded Senior Companion Program and Retired Senior Volunteer Program units that were in operation on December 1, 1988, and administered by qualified public and non-profit private agencies.

59,758 Section 758 . 46.85 (3m) (b) (intro.) of the statutes is amended to read:

46.85 (3m) (b) (intro.) From the appropriation under s. 20.435 (7) (1) (dh), the department shall allocate funds, based on the percentage of the state's population of low-income persons over age 60 who reside in each county or are members of an American Indian tribe, and distribute the funds to counties and federally recognized tribal governing bodies to supplement any of the following:

59,759 Section 759 . 46.856 (2) (intro.) of the statutes is amended to read:

46.856 (2) (intro.) From the appropriation under s. 20.435 (7) (1) (bg), the department shall award a grant to at least one public agency or private nonprofit organization to do all of the following:

59,760 Section 760 . 46.90 (5m) (a) of the statutes is amended to read: