2017 Wisconsin Act 59

40.65 (7) (ar) 1. a. To the surviving spouse or domestic partner until the surviving spouse or domestic partner remarries or enters into a new domestic partnership, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4) or the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

59,719i Section 719i. 40.65 (7) (ar) 1. ag. of the statutes is created to read:

40.65 (7) (ar) 1. ag. To the surviving spouse until the surviving spouse remarries, if the spouse was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4) and the disability under sub. (4) occurred before January 1, 2018, 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

59,719j Section 719j. 40.65 (7) (ar) 1. am. of the statutes is created to read:

40.65 (7) (ar) 1. am. To the surviving domestic partner until the surviving domestic partner marries, if the domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4) and the disability under sub. (4) occurred before January 1, 2018, 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

59,725 Section 725 . 40.80 (2r) (a) 2. of the statutes is amended to read:

40.80 (2r) (a) 2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.

59,726 Section 726 . 41.41 (10) (b) of the statutes is amended to read:

41.41 (10) (b) Each year, the department shall ascertain from the clerk of each taxation district in which the reserve or any land acquired by the board is located the aggregate gross general property tax rate for the taxation district, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10.

59,727 Section 727 . 41.41 (10) (c) 1. of the statutes is amended to read:

41.41 (10) (c) 1. Except as provided in par. (d), on or before each January 31, the department shall pay to the treasurer of each taxation district specified in par. (b), with respect to all land in the Kickapoo valley reserve and all land acquired by the board on or before January 1 of the preceding year, an amount determined by multiplying the estimated value of the land equated to the average level of assessment in the taxation district by the aggregate gross general property tax rate, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10, that would apply to the land in that taxation district for that year if it were taxable.

59,727p Section 727p. 43.24 (6) of the statutes is repealed.

59,728 Section 728 . 44.16 (title) of the statutes is amended to read:

44.16 (title) Circus World Museum Foundation.

59,729 Section 729 . 44.16 (1) of the statutes is amended to read:

44.16 (1) The Except as provided in sub. (3), the historical society may enter into a lease agreement with the Circus World Museum Foundation, Inc., for the purpose of operating Circus World Museum, located in Baraboo, Wisconsin. The lease agreement shall not include any provision for the payment of a percentage of gross admissions income at Circus World Museum to the historical society.

59,730 Section 730 . 44.16 (3) of the statutes is created to read:

44.16 (3) If a lease agreement under sub. (1) is in effect on the effective date of this subsection .... [LRB inserts date], the lease agreement shall terminate on January 1, 2018, or on the date that any termination occurs as provided under the lease agreement, whichever is earlier.

59,731 Section 731 . 44.20 (1) of the statutes is renumbered 44.20 (1) (a).

59,732 Section 732 . 44.20 (1) (b) of the statutes is created to read:

44.20 (1) (b) The historical society shall operate and maintain Circus World Museum. If a lease agreement under s. 44.16 (1) is in effect on the effective date of this paragraph .... [LRB inserts date], this paragraph does not apply until the termination date of the lease agreement that is specified in s. 44.16 (3).

59,732m Section 732m. 45.03 (13) (p) (intro.) of the statutes is amended to read:

45.03 (13) (p) (intro.) Before June 30 September 15 of each even-numbered year, submit to the joint committee on finance a report describing the condition of the veterans trust fund. The report shall include information regarding all of the following:

59,732n Section 732n. 45.03 (13) (p) 1. of the statutes is amended to read:

45.03 (13) (p) 1. The projected revenues and expenditures of the veterans trust fund beginning with for the current fiscal year that starts immediately after the submittal of the report and each fiscal year of the following fiscal biennium.

59,732p Section 732p. 45.03 (13) (p) 1m. of the statutes is created to read:

45.03 (13) (p) 1m. The actual revenues and expenditures of the veterans trust fund for the previous fiscal year.

59,733 Section 733 . 45.20 (1) (d) of the statutes is amended to read:

45.20 (1) (d) “Tuition," when referring to the University of Wisconsin System, means academic fees and segregated fees; when referring to the technical colleges, means “program fees" and “additional fees" as described in s. 38.24 (1m) and (1s); and when referring to a high school, a school that is approved under s. 45.03 (11), or a proprietary school that is approved under s. 38.50 440.52, means the charge for the courses for which a person is enrolled.

59,734 Section 734 . 45.20 (2) (a) 1. of the statutes is amended to read:

45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 38.50 440.52, enrolling in a public or private high school, enrolling in a tribal school, as defined in s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under s. 39.47.

59,735 Section 735 . 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:

45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this subsection may receive the benefits under this subsection upon the completion of any correspondence courses or part-time classroom study from an institution of higher education located outside this state, from a school that is approved under s. 45.03 (11), or from a proprietary school that is approved under s. 38.50 440.52, if any of the following applies:

59,736 Section 736 . 45.20 (2) (c) 1. of the statutes is amended to read:

45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 38.50 440.52, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

59,737 Section 737 . 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 38.50 440.52, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 39.47 is limited to the following:

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.