540.64 Long-term disability insurance coverage.
The board may establish 6
a group long-term disability insurance plan.
40.65 (2) (a) of the statutes is amended to read:
(a) This paragraph applies to participants who first apply for benefits 9
before May 3, 1988. Any person desiring a benefit under this section must apply to 10
the department of workforce development, which department shall determine 11
whether the applicant is eligible to receive the benefit and the participant's monthly 12
salary. Appeals from the eligibility decision shall follow the procedures under ss. 13
102.16 to 102.26. If it is determined that an applicant is eligible, the department of 14
workforce development shall notify the department of employee trust funds and 15
shall certify the applicant's monthly salary. If at the time of application for benefits 16
an applicant is still employed in any capacity by the employer in whose employ the 17
disabling injury occurred or disease was contracted, that continued employment 18
shall not affect that applicant's right to have his or her eligibility to receive those 19
benefits determined in proceedings before the division of hearings and appeals in the
20department of administration department of workforce development
or the labor and 21
industry review commission or in proceedings in the courts. The department of 22
workforce development may promulgate rules needed to administer this paragraph.
40.65 (2) (b) 3. of the statutes is amended to read:
(b) 3. The department shall determine whether or not the applicant 25
is eligible for benefits under this section on the basis of the evidence in subd. 2. An
applicant may appeal a determination under this subdivision to the division of
2hearings and appeals in the department of administration department of workforce
40.65 (2) (b) 4. of the statutes is amended to read:
(b) 4. In hearing an appeal under subd. 3., the division of hearings and
6appeals in the department of administration department of workforce development 7
shall follow the procedures under ss. 102.16 to 102.26.
41.51 of the statutes is renumbered 41.51 (intro.) and amended 9
(intro.) In this subchapter, unless the context requires
means the arts board.
41.51 (2) of the statutes is created to read:
“State building" means a permanent structure normally occupied by 15
state employees that is wholly or partially enclosed and that is used for performing 16
or facilitating the performance of the functions of a state agency as defined in s. 17
41.51 (3) of the statutes is created to read:
“Work of art" means an original creation of visual art or a reproduction 20
of an original creation of visual art if the reproduction is controlled by the artist of 21
the original work as part of a limited edition.
41.58 of the statutes is created to read:
2341.58 Art in state buildings. (1) Applicability
. This section does not apply 24
to any of the following:
(a) A contract for the construction, reconstruction, remodeling of, or addition 2
to a state building if the total construction cost of the project is $250,000 or less.
(b) A state building or space within a state building that is not open to the 4
general public in its normal use.
(c) Game farms, fish hatcheries, nurseries, and other production facilities 6
operated by the department of natural resources.
7(2) Minimum expenditure required
. (a) Except as provided in par. (b), at least 8
two-tenths of 1 percent of the appropriation for the construction, reconstruction, 9
remodeling of, or addition to a state building shall be expended to acquire one or more 10
works of art to be incorporated into the state building or to be displayed in or on the 11
grounds of the state building, and to fund all administrative costs that the board 12
incurs in acquiring the works of art.
(b) If a state building to which this section applies is located contiguous to other 14
state buildings, the board, after reviewing the recommendations of the advisory 15
committee appointed under sub. (3), may apply the funds set aside under par. (a) to 16
the acquisition, including all associated administrative costs, of one or more works 17
of art to be incorporated into one or more of the contiguous buildings or to be 18
displayed in or on the grounds of one or more of the contiguous buildings.
19(3) Advisory committee
. (a) For a building project requiring an expenditure 20
under sub. (2) and after selection of the architect for the project, the board shall 21
appoint an advisory committee for the purpose of reviewing and recommending one 22
or more works of art to be incorporated into the state building or displayed in or on 23
the grounds of the state building.
(b) The advisory committee shall consist of at least 5 members appointed by the 25
board, including all of the following:
1. One member who is a member of the board.
2. At least 2 members who are artists, art educators, art administrators, 3
museum directors or curators, art critics, or art collectors.
3. At least 2 members who are project managers, architects, users of the 5
building, or members of the building commission.
6(4) Contracts with artists
. (a) After reviewing the recommendations of the 7
advisory committee appointed under sub. (3) with respect to a particular building 8
project, the board shall select one or more works of art recommended by the advisory 9
committee to be incorporated into the project. The board shall ensure that the 10
aggregate of all works of art selected under this subsection represents a wide variety 11
of art forms executed by the broadest feasible diversity of artists, except that the 12
board shall give preference to the works of art of artists who are residents of this 13
(b) 1. The board shall contract for the procurement of each work of art selected 15
for a building project under this section. Except as provided in subds. 2. and 3., each 16
contract shall provide for sole ownership of the work of art to the state.
2. If a work of art selected for a building project under this section is an existing 18
work of art and is no longer subject to the control of the artist originating the work 19
of art, the contract shall assign sole ownership to the state, subject to any existing 20
obligations of the owner to the originating artist.
3. If a work of art selected for a building project under this section is owned by 22
the artist originating the work of art or if the work of art has not been executed on 23
the date of the contract, the contract shall assign sole ownership to the state, subject 24
to the following rights that shall be retained by the artist except as otherwise 25
provided in the contract executed under par. (b) 1.:
a. The right to claim authorship of the work of art.
b. The right to reproduce the work of art, including all rights secured to the 3
artist under federal copyright laws.
4(5) Board responsibilities
. After acquisition of a work of art under sub. (4), 5
the board shall do all of the following:
(a) Ensure proper execution of the work of art if it is a new original work of art.
(b) Ensure that the work of art is properly installed within the public view.
(c) Cooperate with the building commission and consult with the artist or the 9
artist's representative to ensure that the work of art is properly maintained and is 10
not artistically altered without the consent of the artist or the artist's representative.
(d) Ensure that the work of art is maintained and displayed in or on the grounds 12
of the state building for at least 25 years, unless, after consultation with the state 13
agency making principal use of the building to which the work of art is appurtenant, 14
the board finds that earlier removal is in the public interest. When a work of art 15
acquired under this section is removed from a state building, the board shall loan the 16
work of art to an accredited museum in the state or to an educational or other 17
appropriate public institution capable of maintaining and exhibiting the work of art.
45.03 (15) of the statutes is amended to read:
45.03 (15) Deferral of payments and interest on loans.
When a veteran or 20
a member of the veteran's family makes application for deferment of payment of 21
monthly installments and waiver of interest charges on veterans loans made under 22
this chapter, showing that the ability of the veteran to make payment is materially 23
and adversely affected by reason of military service, the department may, with the 24
approval of the board, defer payment of monthly installments and waive interest 25
charges on veterans loans made under this chapter for the duration of any period of
service in the armed forces of the United States during a national emergency or in 2
time of war or under P.L. 87-117
and 6 months from date of discharge or separation 3
and the time for payment may be extended for the same period. However, when funds
4estimated to be received in the veterans mortgage loan repayment fund to pay debt
5service on public debt contracted under s. 20.866 (2) (zn) and (zo) are less than the
6funds estimated to be required for the payment of the debt service, the board may
7grant deferral of payments and interest on loans provided under s. 45.37 only when
8so required by federal law.
45.03 (16) (c) 2. (intro.) of the statutes is amended to read:
(c) 2. (intro.) The department shall declare immediately due and 11
payable any loan made after July 29, 1979, under a program administered by the 12
department under s. 45.40 or subch. III
, if it finds that the loan was granted to an 13
ineligible person due to any of the following circumstances:
45.03 (16) (c) 3. (intro.) of the statutes is amended to read:
(c) 3. (intro.) Loan application forms processed by the department 16
for programs administered under s. 45.40 or subch. III
shall do all of the following:
45.03 (16) (c) 4. of the statutes is amended to read:
(c) 4. The department shall incorporate the payment acceleration 19
requirements of subd. 2. in all loan documents for programs administered by the 20
department under s. 45.40 or subch. III
Subchapter III of chapter 45 [precedes 45.30] of the statutes is 22
45.42 (4) of the statutes is amended to read:
The department may execute necessary instruments, collect interest 25
and principal, compromise indebtedness, sue and be sued, post bonds, and write off
indebtedness that it considers uncollectible. If a loan under this section is secured 2
by a real estate mortgage, the department may exercise the rights of owners and 3
mortgagees generally and the rights and powers set forth in s. 45.32
, 2017 stats
. The 4
department shall pay all interest and principal repaid on the loan into the veterans 5
45.42 (8) (a) of the statutes is repealed.
45.42 (8) (b) of the statutes is renumbered 45.42 (8).
45.48 of the statutes is created to read:
945.48 Veterans outreach and recovery program. (1)
To be funded from 10
the appropriation under s. 20.485 (2) (qs), the department shall administer a 11
program to provide outreach, mental health services, and support to individuals who 12
reside in this state, who may have a mental health condition or substance use 13
disorder, and who meet one of the following conditions:
(a) Are serving in the national guard of any state or a reserve component of the 15
U.S. armed forces.
(b) Served on active duty in the U.S. armed forces, forces incorporated as part 17
of the U.S. armed forces, a reserve component of the U.S. armed forces, or the 18
national guard of any state and were discharged under conditions other than 19
The eligibility requirements under s. 45.02 do not apply to an individual 21
receiving services under sub. (1).
The department may provide payments to facilitate the provision of services 23
under sub. (1).
45.57 of the statutes is amended to read:
145.57 Veterans homes; transfer of funding.
The department may transfer 2
all or part of the unencumbered balance of any of the appropriations under s. 20.485 3
(1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan
. The department shall notify the joint committee on finance in 5
writing of any balance transferred under this section.
46.057 (1) of the statutes is amended to read:
The department shall establish, maintain, and operate the Mendota 8
juvenile treatment center on the grounds of the Mendota Mental Health Institute. 9
The department may designate staff at the Mendota Mental Health Institute as 10
responsible for administering, and providing services at, the center. 11
Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the 12
Mendota juvenile treatment center as a juvenile correctional facility, as defined in 13
s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 14
(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as 15
defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center 16
shall provide psychological and psychiatric evaluations and treatment for juveniles 17
whose behavior presents a serious problem to themselves or others in other juvenile 18
correctional facilities or in secured residential care centers for children and youth 19
and whose mental health needs can be met at the center. With the approval of the 20
department of health services, the department of corrections may transfer to the 21
center any juvenile who has been placed in a juvenile correctional facility or a secured 22
residential care center for children and youth under the supervision of the 23
department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4), 24
or (5) (e) in the same manner that the department of corrections transfers juveniles 25
between other juvenile correctional facilities. Upon the recommendation of Subject
1to s. 938.357 (3) (c), with the approval of
the department of health services, a court 2
may place a juvenile at the center in a proceeding for a change in placement order 3
under s. 938.357 (3).
46.057 (1) of the statutes, as affected by 2017 Wisconsin Act 185
, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:
The department shall establish, maintain, and operate the Mendota 7
juvenile treatment center on the grounds of the Mendota Mental Health Institute. 8
The department may designate staff at the Mendota Mental Health Institute as 9
responsible for administering, and providing services at, the center. 10
Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the 11
Mendota juvenile treatment center as a juvenile correctional facility, as defined in 12
s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 13
(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as 14
defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center 15
shall provide psychological and psychiatric evaluations and treatment for juveniles 16
whose behavior presents a serious problem to themselves or others in other juvenile 17
correctional facilities or in secured residential care centers for children and youth 18
and whose mental health needs can be met at the center. With the approval of the 19
department of health services, the department of corrections may transfer to the 20
center any juvenile who has been placed in a juvenile correctional facility or a secured 21
residential care center for children and youth under the supervision of the 22
department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3), (4), or (5) (e) 23
in the same manner that the department of corrections transfers juveniles between 24
other juvenile correctional facilities. Subject to s. 938.357 (3) (c), with the approval
of the department of health services, a court may place a juvenile at the center in a 2
proceeding for a change in placement order under s. 938.357 (3).
46.057 (1m) of the statutes is created to read:
Only the director of the Mendota Mental Health Institute, or his 5
or her designee, is authorized to make decisions regarding the admission of juveniles 6
to and treatment of juveniles at the center and the release and return of juveniles 7
to the appropriate state or county facility.
46.057 (2) of the statutes is amended to read:
From the appropriation account under s. 20.410 (3) (ba), the 10
department of corrections shall transfer to the appropriation account under s. 20.435 11
(2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 12
20.410 (3) (hm), the department of corrections shall transfer to the appropriation 13
account under s. 20.435 (2) (kx) $2,869,200 $3,224,100
in fiscal year 2017-18 142019-20
and $2,932,600 $5,878,100
in fiscal year 2018-19 2020-21
, for services for 15
juveniles placed at the Mendota juvenile treatment center. The department of health 16
services may charge the department of corrections not more than the actual cost of 17
providing those services.
46.10 (16) of the statutes is amended to read:
The department shall delegate to county departments under ss. 20
51.42 and 51.437 or the local providers of care and services meeting the standards 21
established by the department under s. 46.036, the responsibilities vested in the 22
department under this section for collection of patient fees for services other than 23
those provided at state facilities, those provided to children that are reimbursed 24
under a waiver under s. 46.27 (11),
46.275, 46.278, or 46.2785, or those provided 25
under the disabled children's long-term support program if the county departments
or providers meet the conditions that the department determines are appropriate. 2
The department may delegate to county departments under ss. 51.42 and 51.437 the 3
responsibilities vested in the department under this section for collection of patient 4
fees for services provided at the state facilities if the necessary conditions are met.
46.21 (2m) (b) 1. a. of the statutes is amended to read:
(b) 1. a. The powers and duties of the county departments under ss. 7
46.215, 51.42 and 51.437, including the administration of the long-term support
8community options program under s. 46.27, if the county department under s. 46.215
9is designated as the administering agency under s. 46.27 (3) (b) 1
46.21 (2m) (b) 1. b. of the statutes is repealed.
46.215 (1) (m) of the statutes is repealed.
46.22 (1) (b) 1. e. of the statutes is repealed.
46.23 (3) (bm) of the statutes is repealed.
46.269 of the statutes is amended to read:
1546.269 Determining financial eligibility for long-term care programs. 16
To the extent approved by the federal government, the department or its designee 17
shall exclude any assets accumulated in a person's independence account, as defined 18
in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or 19
accumulated from income or employer contributions while employed and receiving 20state-funded benefits under s. 46.27 or
medical assistance under s. 49.472 in 21
determining financial eligibility and cost-sharing requirements, if any, for a 22
long-term care program under s. 46.27,
or 46.277, for the family care 23
program that provides the benefit defined in s. 46.2805 (4), for the Family Care 24
Partnership program, or for the self-directed services option, as defined in s. 46.2897 25
46.27 of the statutes is repealed.
46.271 (1) (c) of the statutes is amended to read:
(c) The department may contract with an aging unit, as defined in 4
s. 46.27 46.82
(1) (a), for administration of services under par. (a) if, by resolution, 5
the county board of supervisors of that county so requests the department.
46.275 (3) (e) of the statutes is repealed.
46.275 (5) (b) 7. of the statutes is amended to read:
(b) 7. Provide services in any community-based residential facility 9
unless the county or department uses as a service contract the approved model 10
contract developed under s. 46.27 (2) (j), 2017 stats.,
or a contract that includes all 11
of the provisions of the approved model contract.
46.277 (1m) (at) of the statutes is amended to read:
(at) “Private nonprofit agency"
has the meaning specified in s.
1446.27 (1) (bm) means a nonprofit corporation, as defined in s. 181.0103 (17), that
15provides a program of all-inclusive care for the elderly under 42 USC 1395eee or
46.277 (3) (a) of the statutes is amended to read:
(a) Sections 46.27 (3) (b) and Section
46.275 (3) (a) and (c) to (e)
to county participation in this program, except that services provided in the 20
program shall substitute for care provided a person in a skilled nursing facility or 21
intermediate care facility who meets the level of care requirements for medical 22
assistance reimbursement to that facility rather than for care provided at a state 23
center for the developmentally disabled. The number of persons who receive services 24
provided by the program under this paragraph may not exceed the number of
nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as 2
part of a plan submitted by the facility and approved by the department.
46.277 (5) (d) 2. (intro.) and b. of the statutes are consolidated, 4
renumbered 46.277 (5) (d) 2. and amended to read:
(d) 2. No county may use funds received under this section to provide 6
residential services in any community-based residential facility, as defined in s. 7
50.01 (1g), unless one of the following applies: b. The the
department approves the 8
provision of services in a community-based residential facility that entirely consists 9
of independent apartments, each of which has an individual lockable entrance and 10
exit and individual separate kitchen, bathroom, sleeping and living areas, to 11
individuals who are eligible under this section and are physically disabled or are at 12
least 65 years of age.
46.277 (5) (d) 2. a. of the statutes is repealed.