109,100og
Section 100og. 44.72 (4) (title) of the statutes is renumbered 115.999 (4) (title).
109,100oh
Section 100oh. 44.72 (4) (a), (b) and (c) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 115.999 (4) (a), (b) and (c) and amended to read:
115.999 (4) (a) Financial assistance authorized. The board department may provide financial assistance under this subsection to school districts and charter school sponsors from the proceeds of public debt contracted under s. 20.866 (2) (zc) and to public library boards from the proceeds of public debt contracted under s. 20.866 (2) (zcm). Financial assistance under this subsection may be used only for the purpose of upgrading the electrical wiring of school and library buildings in existence on October 14, 1997, and installing and upgrading computer network wiring.
(b) Financial assistance applications, terms and conditions. The board department shall establish application procedures for, and the terms and conditions of, financial assistance under this subsection, including a condition requiring a charter school sponsor to use financial assistance under this subsection for wiring upgrading and installation that benefits pupils attending the charter school. The board department shall make a loan to a school district, charter school sponsor, or public library board in an amount equal to 50% of the total amount of financial assistance for which the board department determines the school district, charter school sponsor, or public library board is eligible and provide a grant to the school district, charter school sponsor, or public library board for the remainder of the total. The terms and conditions of any financial assistance under this subsection may include provision of professional building construction services under s. 16.85 (15). The board department shall determine the interest rate on loans under this subsection. The interest rate shall be as low as possible but shall be sufficient to fully pay all interest expenses incurred by the state in making the loans and to provide reserves that are reasonably expected to be required in the judgment of the board department to ensure against losses arising from delinquency and default in the repayment of the loans. The term of a loan under this subsection may not exceed 10 years.
(c) Repayment of loans. The board
department shall credit all moneys received from school districts and charter school sponsors for repayment of loans under this subsection to the appropriation account under s. 20.275 (1) 20.255 (4) (h). The board
department shall credit all moneys received from public library boards for repayment of loans under this subsection to the appropriation account under s. 20.275 (1)
20.255 (4) (hb).
109,100oi
Section 100oi. 44.72 (4) (d) of the statutes is renumbered 115.999 (4) (d) and amended to read:
115.999 (4) (d) Funding for financial assistance. The board department, with the approval of the governor and subject to the limits of s. 20.866 (2) (zc) and (zcm), may request that the building commission contract public debt in accordance with ch. 18 to fund financial assistance under this subsection.
109,100oj
Section 100oj. 44.73 (title) of the statutes is renumbered 115.9995 (title).
115.9995 (1) Except as provided in s. 196.218 (4t), the board, in consultation with the department and subject to the approval of the department of electronic government department, shall promulgate rules establishing an educational telecommunications access program to provide educational agencies with access to data lines and video links.
109,100oL
Section 100oL. 44.73 (2) (intro.) of the statutes is renumbered 115.9995 (2) (intro.).
115.9995 (2) (a) Allow an educational agency to make a request to the board department for access to either one data line or one video link, except that any educational agency may request access to additional data lines if the agency shows to the satisfaction of the board department that the additional data lines are more cost-effective than a single data line and except that a school district that operates more than one high school or a public library board that operates more than one library facility may request access to both a data line and a video link and access to more than one data line or video link.
109,100op
Section 100op. 44.73 (2) (c) of the statutes is renumbered 115.9995 (2) (c).
109,100oq
Section 100oq. 44.73 (2) (d) of the statutes is renumbered 115.9995 (2) (d) and amended to read:
115.9995 (2) (d) Require an educational agency to pay the department of administration not more than $250 per month for each data line or video link that is provided to the educational agency under the program established under sub. (1), except that the charge may not exceed $100 per month for each data line or video link that relies on a transport medium that operates at a speed of 1.544 megabits per second.
109,100or
Section 100or. 44.73 (2) (e) of the statutes is renumbered 115.9995 (2) (e).
109,100ou
Section 100ou. 44.73 (2r) of the statutes, as created by
2001 Wisconsin Act 16, is renumbered 115.9995 (2r), and 115.9995 (2r) (c), as renumbered, is amended to read:
115.9995 (2r) (c) A public library board shall provide the technology for educational achievement in Wisconsin board department with written notice within 30 days after entering into or modifying a shared service agreement under par. (a).
109,100ovm
Section 100ovm. 44.73 (4) of the statutes is renumbered 115.9995 (4).
109,100ow
Section 100ow. 44.73 (5) of the statutes is repealed.
115.9995 (6) (a) From the appropriation under s. 20.275 (1) 20.255 (4) (s) or (tm), the board department may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the board department. The board department shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (1) or (3) 16.971 (13) or (15) less the amount that the school district or private school would be paying under sub. (2) (d) if the school district or private school were participating in the program established under sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this subsection is not eligible to participate in the program under sub. (1). No grant may be awarded under this subsection after December 31, 2005.
115.9995 (6) (b) Notwithstanding par. (a), the board department may award a school district that operates more than one high school and that had in effect on October 14, 1997, a contract for access to more than one data line or video link an annual grant for each data line or video link serving each high school covered by that contract.
109,100p
Section 100p. 45.358 (3) (g) of the statutes is amended to read:
45.358 (3) (g) A veteran who was discharged or released from active duty in the U.S. armed forces under honorable conditions and who was a resident of the state for at least 5 12 consecutive years months after completing entering or reentering service on active duty.
109,100pm
Section 100pm. 45.43 (1) (title) of the statutes is amended to read:
45.43 (1) (title) Election or appointment.
109,100q
Section 100q. 45.43 (1) (a) of the statutes is amended to read:
45.43 (1) (a) Except as provided under par. (b), the county board shall elect a county veterans' service officer who shall be a Wisconsin resident who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces for 2 consecutive years, except service on active duty for training purposes. An individual who is discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces or for the good of the service prior to the completion of the required period of service is eligible for election to the office, regardless of the actual time served and who meets at least one of the conditions listed in s. 45.35 (5) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) (a) 2. a. to c.
109,100s
Section 100s. 45.43 (1) (am) of the statutes is created to read:
45.43 (1) (am) Except as provided under par. (b), the county board may appoint assistant county veterans' service officers who shall be Wisconsin residents who served on active duty, other than active duty for training, under honorable conditions in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces and who meet at least one of the conditions listed in s. 45.35 (5) (a) 1. a. to d. and at least one of the conditions listed in s. 45.35 (5) (a) 2. a. to c.
45.43 (7m) (a) Annually, from the appropriation under s. 20.485 (2) (s), the department shall award grants to counties that are not served by transportation services provided by the Wisconsin department of Disabled American Veterans to develop, maintain, and expand transportation services for disabled veterans. The grants may be used to support multi-county multicounty cooperative transportation services.
109,100vn
Section 100vn. 46.03 (18) (am) of the statutes is amended to read:
46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7). Paragraph (a) also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).
109,100vp
Section 100vp. 46.286 (3m) of the statutes is created to read:
46.286 (3m) Information about family care enrollees. (a) In this subsection:
1. "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).
2. "Insurer" has the meaning given in s. 600.03 (27).
(b) An insurer that issues or delivers a disability insurance policy that provides coverage to a resident of this state shall provide to the department, upon the department's request, information contained in the insurer's records regarding all of the following:
1. Information that the department needs to identify enrollees of family care who satisfy any of the following:
a. Are eligible for benefits under a disability insurance policy.
b. Would be eligible for benefits under a disability insurance policy if the enrollee were enrolled as a dependent of a person insured under the disability insurance policy.
2. Information required for submittal of claims under the insurer's disability insurance policy.
3. The types of benefits provided by the disability insurance policy.
(c) Upon requesting an insurer to provide the information under par. (b), the department shall enter into a written agreement with the insurer that satisfies all of the following:
1. Identifies in detail the information to be disclosed.
2. Includes provisions that adequately safeguard the confidentiality of the information to be disclosed.
(d) 1. An insurer shall provide the information requested under par. (b) within 180 days after receiving the department's request if it is the first time that the department has requested the insurer to disclose information under this subsection.
2. An insurer shall provide the information requested under par. (b) within 30 days after receiving the department's request if the department has previously requested the insurer to disclose information under this subsection.
3. If an insurer fails to comply with subd. 1. or 2., the department may notify the commissioner of insurance, and the commissioner of insurance may initiate enforcement proceedings against the insurer under s. 601.41 (4) (a).
109,101
Section 101. 47.03 (3) (d) of the statutes is amended to read:
47.03 (3) (d) Any person who violates this subsection shall be fined not more than $1,000 $10,000 or imprisoned for not more than 2 years 9 months or both.
48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays, and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays, and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request for good cause shown.
109,101c
Section 101c. 48.21 (3) (am) of the statutes is amended to read:
48.21 (3) (am) The parent, guardian, or legal custodian may waive his or her right to participate in the hearing under this section. Agreement in writing of the child is required if he or she is over 12. After any waiver, a hearing rehearing shall be granted at the request of any the parent, guardian, legal custodian, or any other interested party for good cause shown.
48.21 (5) (b) 1. A finding that continued placement of the child in his or her home would be contrary to the welfare of the child. Unless the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, the order shall in addition include a finding as to whether the person who took the child into custody and the intake worker have made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, and a finding as to whether the person who took the child into custody and the intake worker have made reasonable efforts to make it possible for the child to return safely home or, if for good cause shown sufficient information is not available for the judge or circuit court commissioner to make a finding as to whether those reasonable efforts were made to prevent the removal of the child from the home, a finding as to whether those reasonable efforts were made to make it possible for the child to return safely home and an order for the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services to the child under the custody order to file with the court sufficient information for the judge or circuit court commissioner to make a finding as to whether those reasonable efforts were made to prevent the removal of the child from the home by no later than 5 days after the date of the order.
109,101e
Section 101e. 48.21 (5) (b) 3. of the statutes is created to read:
48.21 (5) (b) 3. If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, a determination that the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services under the custody order is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.
109,101f
Section 101f. 48.21 (5) (c) of the statutes is created to read:
48.21 (5) (c) The judge or circuit court commissioner shall make the findings specified in par. (b) 1. and 3. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the custody order. A custody order that merely references par. (b) 1. or 3. without documenting or referencing that specific information in the custody order or an amended custody order that retroactively corrects an earlier custody order that does not comply with this paragraph is not sufficient to comply with this paragraph.
109,101g
Section 101g. 48.21 (5) (d) of the statutes is created to read:
48.21 (5) (d) 1. If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the judge or circuit court commissioner shall hold a hearing within 30 days after the date of that finding to determine the permanency plan for the child. If a hearing is held under this subdivision, the agency responsible for preparing the permanency plan shall file the permanency plan with the court not less than 5 days before the date of the hearing.
2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the child, any parent, guardian, and legal custodian of the child, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the hearing.
3. The court shall give a foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
109,101h
Section 101h. 48.255 (1) (f) of the statutes is created to read:
48.255 (1) (f) If the child is being held in custody outside of his or her home, reliable and credible information showing that continued placement of the child in his or her home would be contrary to the welfare of the child and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible information showing that the person who took the child into custody and the intake worker have made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, and to make it possible for the child to return safely home.
109,101i
Section 101i. 48.255 (1m) (f) of the statutes is created to read:
48.255 (1m) (f) If the expectant mother is a child and the child expectant mother is being held in custody outside of her home, reliable and credible information showing that continued placement of the child expectant mother in her home would be contrary to the welfare of the child expectant mother and, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, reliable and credible information showing that the person who took the child expectant mother into custody and the intake worker have made reasonable efforts to prevent the removal of the child expectant mother from the home, while assuring that the child expectant mother's health and safety are the paramount concerns, and to make it possible for the child expectant mother to return safely home.
109,101j
Section 101j. 48.255 (2) of the statutes is amended to read:
48.255 (2) If any of the facts required under sub. (1) (a) to (cm) and (f) or (1m) (a) to (d) and (f) are not known or cannot be ascertained by the petitioner, the petition shall so state.
109,101k
Section 101k. 48.315 (2m) of the statutes is created to read:
48.315 (2m) (a) No continuance or extension of a time limit specified in this chapter may be granted and no period of delay specified in sub. (1) may be excluded in computing a time requirement under this chapter if the continuance, extension, or exclusion would result in any of the following:
1. The court making an initial finding under s. 48.21 (5) (b) 1., 48.355 (2) (b) 6., or 48.357 (2v) (a) 1. that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, or an initial finding under s. 48.21 (5) (b) 3., 48.355 (2) (b) 6r., or 48.357 (2v) (a) 3. that those efforts were not required to be made because a circumstance specified in s. 48.355 (2d) (b) 1. to 5. applies, more than 60 days after the date on which the child was removed from the home.
2. The court making an initial finding under s. 48.38 (5m) that the agency primarily responsible for providing services to the child has made reasonable efforts to achieve the goals of the child's permanency plan more than 12 months after the date on which the child was removed from the home or making any subsequent findings under s. 48.38 (5m) as to those reasonable efforts more than 12 months after the date of a previous finding as to those reasonable efforts.
(b) Failure to comply with any time limit specified in par. (a) does not deprive the court of personal or subject matter jurisdiction or of competency to exercise that jurisdiction. If a party does not comply with a time limit specified in par. (a), the court, while assuring the safety of the child, may dismiss the proceeding with or without prejudice, release the child from custody, or grant any other relief that the court considers appropriate.
109,101m
Section 101m. 48.32 (1) (b) of the statutes is created to read:
48.32 (1) (b) 1. If at the time the consent decree is entered into the child is placed outside the home under a voluntary agreement under s. 48.63 or is otherwise living outside the home without a court order and if the consent decree maintains the child in that placement or other living arrangement, the consent decree shall include a finding that placement of the child in his or her home would be contrary to the welfare of the child, a finding as to whether the county department, the department, in a county having a population of 500,000 or more, or the agency primarily responsible for providing services to the child has made reasonable efforts to prevent the removal of the child from the home, while assuring that the child's health and safety are the paramount concerns, unless the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies, and a finding as to whether the county department, department, or agency has made reasonable efforts to achieve the goal of the child's permanency plan, unless return of the child to the home is the goal of the permanency plan and the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies.
2. If the judge or circuit court commissioner finds that any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies with respect to a parent, the consent decree shall include a determination that the county department, department, in a county having a population of 500,000 or more, or agency primarily responsible for providing services under the consent decree is not required to make reasonable efforts with respect to the parent to make it possible for the child to return safely to his or her home.
3. The judge or circuit court commissioner shall make the findings specified in subds. 1. and 2. on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the consent decree. A consent decree that merely references subd. 1. or 2. without documenting or referencing that specific information in the consent decree or an amended consent decree that retroactively corrects an earlier consent decree that does not comply with this subdivision is not sufficient to comply with this subdivision.
