1995 Wisconsin Act 216

216,20h Section 20h. 20.245 (4) (h) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.245 (4) (h) Gifts and grants. All moneys received by the historical society and the Wisconsin sesquicentennial commission from gifts, grants or bequests, except moneys that are otherwise specifically appropriated, for purposes related to executive and administrative services of the society and for the purposes for which made to and received by the commission, to be expended upon approval of the director of the historical society.

216,20i Section 20i. 20.245 (4) (i) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.525 (1) (h) and amended to read:

20.525 (1) (h) Wisconsin sesquicentennial commission; license revenue. All moneys received by the Wisconsin sesquicentennial commission from license fees, to be used for the general program operations of the commission under s. 44.25 upon approval of the director of the historical society 14.26.

216,21 Section 21 . 20.320 (1) (t) of the statutes is repealed and recreated to read:

20.320 (1) (t) Principal repayment and interest — clean water fund bonds. From the clean water fund, the amounts in the schedule to reimburse s. 20.866 (1) (u) for the payment of principal and interest costs incurred in transferring moneys from s. 20.866 (2) (tc) to the clean water fund for the purposes specified in s. 25.43 (3). Fifty percent of all moneys received from municipalities as payment of interest on loans or portions of loans under ss. 144.241 and 144.2415 the revenues of which have not been pledged to secure revenue obligations shall be credited to this appropriation account.

216,22 Section 22 . 20.380 (2) (ip) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.380 (2) (ip) (title) Kickapoo valley governing reserve management board; program services. All moneys received by the Kickapoo valley governing reserve management board from admissions, fees, leases, concessions, memberships, sales and other similar receipts authorized under s. 41.41 to be used for the general program operations of the board under s. 41.41.

216,23 Section 23 . 20.380 (2) (ms) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.380 (2) (ms) Kickapoo valley governing reserve management board; federal aid. All moneys received by the Kickapoo valley governing reserve management board from the federal government, as authorized by the governor under s. 16.54, to be used for the purposes for which made and received.

216,24 Section 24 . 20.380 (2) (q) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.380 (2) (q) (title) Kickapoo valley governing reserve management board; general program operations. From the conservation fund, the amounts in the schedule for the general program operations of the Kickapoo valley governing reserve management board under s. 27.41 41.41.

216,25 Section 25 . 20.380 (3) (ir) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.380 (2) (ir) and amended to read:

20.380 (2) (ir) (title) Kickapoo valley governing reserve management board; gifts and grants. All moneys received by the Kickapoo valley governing reserve management board from gifts, grants or bequests, to carry out the purpose for which received.

216,26 Section 26 . 20.435 (7) (o) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.435 (7) (o) Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b) and s. 46.70; all federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985; all federal child care and development block grant funds received under 42 USC 9858 that are allocated under s. 46.40 (2m) (c) (4m) for distribution under s. 46.98 (2); all federal moneys received as child care grants under 42 USC 603 (n) as allocated under s. 46.40 (2m) (c) (4m) and distributed under s. 46.98 (2); and all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 46.49 (2), for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

216,27 Section 27 . 20.445 (5) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.435 (6) (e).

216,28 Section 28 . 20.505 (1) (im) of the statutes is amended to read:

20.505 (1) (im) Services to nonstate governmental units. The amounts in the schedule to provide services and to repurchase inventory items that are provided primarily to purchasers outside state government other than state agencies. All moneys received from the sale of services, other than services provided under par. (is), and inventory items which are provided primarily to purchasers outside state government other than state agencies shall be credited to this appropriation account.

216,28m Section 28m. 20.525 (1) (g) of the statutes is created to read:

20.525 (1) (g) Gifts and grants; Wisconsin sesquicentennial commission. All moneys received by the Wisconsin sesquicentennial commission from gifts, grants or bequests to be used for the purposes for which made and received.

216,29 Section 29 . 20.575 (1) (i) of the statutes, as affected by 1993 Wisconsin Act 452, is amended to read:

20.575 (1) (i) Uniform commercial code statewide lien system. The amounts in the schedule for the purpose of establishing and maintaining support services under s. 14.38 (13), 1993 stats., for the uniform commercial code statewide lien system under s. 409.410. All moneys received from fees forwarded by registers of deeds under ss. 409.403 (5) (a), 409.405 (1) and (2) and 409.406 plus $3 of the fees collected by the secretary of state for each filing under ss. 409.403 (5) (b), 409.405 (1) and (2) and 409.406 shall be credited to this appropriation.

216,30 Section 30 . 20.866 (1) (u) of the statutes, as affected by 1995 Wisconsin Act 27, Section 1160, is amended to read:

20.866 (1) (u) Principal repayment and interest. A sum sufficient from moneys appropriated under sub. (2) (zp) and ss. 20.190 (1) (c), (i) and (j), 20.225 (1) (c), 20.245 (1) (e), (2) (e) and (j), (4) (e) and (5) (e), 20.250 (1) (e), 20.255 (1) (d), 20.285 (1) (d), (db), (fh), (ih) and (kd) and (5) (i), 20.320 (1) (c) and (t), 20.370 (7) (aa), (ac), (aq), (ar), (at), (ba), (ca), (cb), (cc), (cd), (ea) and (eq), 20.395 (6) (aq) and (ar), 20.410 (1) (e), (ec) and (ko) and (3) (e), 20.435 (2) (ee) and 20.445 (5) (6) (e), 20.465 (1) (d), 20.485 (1) (f) and (go) and (3) (t), 20.505 (5) (g) and (kc) and 20.867 (1) (a) and (b) and (3) (a), (b), (g), (h), (i) and (q) for the payment of principal and interest on public debt contracted under subchs. I and IV of ch. 18.

216,30e Section 30e. 20.866 (2) (v) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.866 (2) (v) Health and social services; mental health facilities. From the capital improvement fund, a sum sufficient for the department of health and social services to acquire, construct, develop, enlarge or extend mental health facilities. The state may contract public debt in an amount not to exceed $71,800,500 $82,312,500 for this purpose.

216,30m Section 30m. 20.866 (2) (v) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (Senate Bill 563), is repealed and recreated to read:

20.866 (2) (v) Health and social services; mental health facilities. From the capital improvement fund, a sum sufficient for the department of health and social services to acquire, construct, develop, enlarge or extend mental health facilities. The state may contract public debt in an amount not to exceed $88,712,500 for this purpose.

216,30s Section 30s. 20.866 (2) (w) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.866 (2) (w) Health and social services; juvenile correctional facilities. From the capital improvement fund, a sum sufficient for the department of health and social services to acquire, construct, develop, enlarge or improve juvenile correctional facilities. The state may contract public debt in an amount not to exceed $39,953,500 $29,441,500 for this purpose.

216,30t Section 30t. 20.923 (6) (bh) of the statutes, as created by 1995 Wisconsin Act 27, is renumbered 20.923 (6) (o).

216,31 Section 31 . 20.923 (6) (L) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

20.923 (6) (L) Tourism, department of; Kickapoo valley governing reserve management board: executive secretary and staff.

216,32 Section 32 . 23.50 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.50 (1) The procedure in ss. 23.50 to 23.85 applies to all actions in circuit court to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of ss. 77.09, 134.60, 144.421 (2), 144.422 (2), (2m) (c) and (2r), 146.20 (2) to (5), 147.021, 159.07, 159.08, 159.81, 167.10 (3) and 167.31 (2), subch. VI of ch. 77, this chapter and chs. 26 to 31 and of ch. 350, and any administrative rules promulgated thereunder, violations of rules of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k) or violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

216,33 Section 33 . 23.53 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.53 (1) The citation created under this section shall, in all actions to recover forfeitures, penalty assessments, jail assessments, applicable weapons assessments, applicable environmental assessments, applicable wild animal protection assessments, applicable natural resources assessments, applicable fishing shelter removal assessments, applicable snowmobile registration restitution payments and applicable natural resources restitution payments for violations of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, and any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k) be used by any law enforcement officer with authority to enforce those laws, except that the uniform traffic citation created under s. 345.11 may be used by a traffic officer employed under s. 110.07 in enforcing s. 167.31 or by an officer of a law enforcement agency of a municipality or county or a traffic officer employed under s. 110.07 in enforcing s. 159.81. In accordance with s. 345.11 (1m), the citation shall not be used for violations of ch. 350 relating to highway use. The citation may be used for violations of local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77.

216,34 Section 34 . 23.56 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.56 (1) A person may be arrested for a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, after a warrant that substantially complies with s. 968.04 has been issued. Except as provided in sub. (2), the person arrested shall be brought without unreasonable delay before a court having jurisdiction to try the action.

216,35 Section 35 . 23.57 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.57 (1) (intro.) A person may be arrested without a warrant when the arresting officer has probable cause to believe that the person is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77; and:

216,36 Section 36 . 23.58 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.58 Temporary questioning without arrest. After having identified himself or herself as an enforcing officer, an enforcing officer may stop a person in a public place for a reasonable period of time when the officer reasonably suspects that such person is committing, is about to commit or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77. Such a stop may be made only where the enforcing officer has proper authority to make an arrest for such a violation. The officer may demand the name and address of the person and an explanation of the person's conduct. Such detention and temporary questioning shall be conducted in the vicinity where the person was stopped.

216,37 Section 37 . 23.62 (1) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

23.62 (1) (intro.) Whenever an enforcing officer has probable cause to believe that a person subject to his or her authority is committing or has committed a violation of those statutes enumerated in s. 23.50 (1), any administrative rules promulgated thereunder, any rule of the Kickapoo valley governing reserve management board under s. 41.41 (7) (k), or any local ordinances enacted by any local authority in accordance with s. 23.33 (11) (am) or 30.77, the officer may proceed in the following manner:

216,39g Section 39g. 36.25 (13g) of the statutes is created to read:

36.25 (13g) University of Wisconsin Hospitals and Clinics. (a) The board shall establish at the University of Wisconsin-Madison the “University of Wisconsin Hospitals and Clinics".

(b) The board shall maintain, control and supervise the use of the University of Wisconsin Hospitals and Clinics, for the purposes of:

1. Delivering comprehensive, high-quality health care to patients using the hospitals and to those seeking care from its programs, including a commitment to provide such care for the medically indigent.

2. Providing an environment suitable for instructing medical and other health professions students, physicians, nurses and members of other health-related disciplines.

3. Sponsoring and supporting research in the delivery of health care to further the welfare of the patients treated and applying the advances in health knowledge to alleviate human suffering, promote health and prevent disease.

4. Assisting health programs and personnel throughout the state and region in the delivery of health care.

(c) 1. The board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Board for the provision of services by employes of the University of Wisconsin Hospitals and Clinics Board. Any agreement under this subdivision shall include a provision that requires the board to make adequate payments to the University of Wisconsin Hospitals and Clinics Board for any services provided under the agreement in advance of their need by the University of Wisconsin Hospitals and Clinics Board to pay its employes for such services.

2. The board may not contract for those services that are provided to the board by the University of Wisconsin Hospitals and Clinics Board by state employes in the collective bargaining units specified in s. 111.825 (1m) with any person other than the University of Wisconsin Hospitals and Clinics Board.

(d) This subsection applies only in the event that the on-campus facilities, as defined in s. 233.01 (7), leased to the University of Wisconsin Hospitals and Clinics Authority under s. 36.11 (28), and any improvements, modifications or other facilities specified in s. 233.04 (7) (c), are transferred to the board under s. 233.04 (3b) (b), (7g) (b) or (7p) (b).

216,39k Section 39k. 40.02 (25) (b) 2g. of the statutes is created to read:

40.02 (25) (b) 2g. Any person employed as a graduate assistant and other employes-in-training as are designated by the board of directors of the University of Wisconsin Hospitals and Clinics Authority, who are employed on at least a one-third full-time basis with an expected duration of employment of at least 6 months.

216,39m Section 39m. 40.22 (2) (g) of the statutes is amended to read:

40.22 (2) (g) The employe is appointed by the university under s. 36.19, or by the University of Wisconsin Hospitals and Clinics Authority, as a student assistant or employe in training or is appointed by a school or other education system in which the person is regularly enrolled as a student and is attending classes to perform services incidental to the person's course of study at that school or education system.

216,39p Section 39p. 40.52 (3m) of the statutes is created to read:

40.52 (3m) The group insurance board, after consulting with the board of directors of the University of Wisconsin Hospitals and Clinics Authority, shall establish the terms of a health insurance plan for graduate assistants, and for employes-in-training designated by the board of directors, who are employed on at least a one-third full-time basis with an expected duration of employment of at least 6 months.

216,39r Section 39r. Subchapter IX of chapter 40 [precedes 40.95] of the statutes, as created by 1995 Wisconsin Acts 88 and 89, is repealed and recreated to read:

Chapter 40

Subchapter IX
health insurance premium
Credits

40.95 Health insurance premium credits. (1) (a) Subject to sub. (2), the department shall administer a program that provides health insurance premium credits for the purchase of health insurance for a retired employe, or the retired employe's surviving insured dependents, for the benefit of an eligible employe whose compensation includes such health insurance premium credits and who satisfies at least one of the following:

1. The employe accrues accumulated unused sick leave under s. 13.121 (4), 36.30, 230.35 (2), 233.10 or 757.02 (5).

2. The employe has his or her compensation established in a collective bargaining agreement under subch. V of ch. 111.

3. The employe has his or her compensation established in a collective bargaining agreement under subch. I of ch. 111 and the employe is employed by the University of Wisconsin Hospitals and Clinics Authority.

(b) The health insurance premium credits shall be based on the employe's years of continuous service, accumulated unused sick leave and any other factor specified as part of the employe's compensation.

(2) The department is not required to administer any program that provides health insurance premium credits for the purchase of health insurance for a retired employe, or the retired employe's surviving insured dependents, if the department determines that the program does not conform to the program approved by the joint committee on employment relations under s. 230.12 (9).

216,40 Section 40 . 41.41 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

41.41 (1) (a) “Board" means the Kickapoo valley governing reserve management board.

216,40g Section 40g. 44.25 (5g) and (5r) of the statutes, as created by 1995 Wisconsin Act 27, are renumbered 14.26 (5g) and (5r).

216,41 Section 41 . 46.043 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

216,42 Section 42 . 46.043 of the statutes, as affected by 1995 Wisconsin Act 77, is repealed.

216,43 Section 43 . 46.057 of the statutes is created to read:

46.057 Mendota juvenile treatment center. (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. The department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 48.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for children whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. The department may transfer to the center any child who has been placed in a secured correctional facility under the supervision of the department under s. 48.34 (4m) or 48.357 (4) or (5) (e) in the same manner that the department transfers children between other secured correctional facilities.

(2) From the appropriation under s. 20.435 (3) (hm), the department may expend not more than $2,864,200 in fiscal year 1995-96 for services for children placed at the Mendota juvenile treatment center.

216,44 Section 44 . 46.057 (1) and (2) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

46.057 (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. The Notwithstanding ss. 301.02, 301.03 and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 48.02 938.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for children juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. The With the approval of the department of health and family services, the department of corrections may transfer to the center any child juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under s. 48.34 (4m) or 48.357 (4) or (5) (e) 938.183 (2), 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) in the same manner that the department of corrections transfers children juveniles between other secured correctional facilities.

(2) From the appropriation under s. 20.435 20.410 (3) (hm), the department of corrections may expend not more than $2,864,200 $2,500,000 in fiscal year 1995-96 1996-97 for services for children juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing services for juveniles under the supervision of the department of corrections who are provided services at the center.

216,44L Section 44L. 46.52 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

46.52 (title) Integrated community services Systems change grants. From the appropriation under s. 20.435 (7) (md), the department shall distribute $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each recipient under this section so as to permit initial phasing in of community services for individuals with mental illness who are relocated or diverted from institutional or residential care and shall eliminate the funding at the end of a period of not more than 5 years in order to provide funding to another county. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding made available to the county from reduced institutional and residential care utilization.

216,44n Section 44n. 46.54 of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department shall distribute $180,000 in each fiscal year to counties to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects and public mental health information activities.

216,45 Section 45 . 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (2m) (c) (4m), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

216,46 Section 46 . 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read: