2017 Wisconsin Act 59

(d) The individual is participating in an employment and training program, as determined by the department.

59,963b Section 963b. 49.79 (6u) of the statutes is created to read:

49.79 (6u) Implementation of paternity and child support requirements. (a) The department may not implement sub. (6m), (6q), or (6t) unless all of the following are satisfied with respect to that subsection:

1. The department of children and families determines that the requirement of the subsection as it pertains to child support and paternity order establishment and compliance is able to be implemented in a way that is substantially state budget neutral in regard to child support fees.

2. The department of health services or the department of children and families has obtained any necessary approval from the federal government to implement the subsection in a budget-neutral manner in regard to child support fees.

3. The department of health services and the department of children and families have notified the governor and the joint committee on finance that the subsection may be implemented in a budget-neutral manner in regard to child support fees and that all necessary federal approval is obtained.

(b) If the criteria under par. (a) for sub. (6m), (6q), or (6t) are satisfied to be implemented, the applicable subsection takes effect on the first day of the 6th month beginning after the date that the department of children and families has made the notification to the governor and the joint committee on finance under par. (a) 3.

59,964 Section 964 . 49.79 (9) (a) 1. of the statutes is amended to read:

49.79 (9) (a) 1. The department shall administer an employment and training program for recipients under the food stamp program and may contract with county departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, local workforce development boards established under 29 USC 2832, tribal governing bodies, or other organizations to carry out the administrative functions. A county department, multicounty consortium, local workforce development board, tribal governing body, or other organization may subcontract with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection. Except as provided in subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

59,964d Section 964d. 49.79 (9) (e) of the statutes is created to read:

49.79 (9) (e) The department shall ensure that all applicants for and recipients of the food stamp program are provided information about the employment and training program under this subsection at least once every 6 months and that all able-bodied adults without dependents are referred to the employment and training program under this subsection regardless of whether they are required to comply with a work requirement.

59,965 Section 965 . 49.79 (10) (title) of the statutes is amended to read:

49.79 (10) (title) Eligibility and work requirements for able-bodied adults without dependents .

59,966 Section 966 . 49.79 (10) (a) 1. of the statutes is amended to read:

49.79 (10) (a) 1. The department shall require an able-bodied adult without dependents who is participating in the food stamp program to fulfill the work requirement defined under 7 CFR 273.24 (a) (1).

59,967 Section 967 . 49.79 (10) (a) 2. of the statutes is amended to read:

49.79 (10) (a) 2. If an able-bodied adult without dependents does not fulfill the work requirement, the department may limit the eligibility of the able-bodied adult's eligibility adult without dependents for food stamps to no more than 3 months during a 3-year period.

59,968 Section 968 . 49.79 (10) (a) 3. of the statutes is amended to read:

49.79 (10) (a) 3. The department may exempt up to 15 percent of the able-bodied adults without dependents who are participating in the food stamp program from the time limit under subd. 2.

59,968g Section 968g. 49.79 (11) of the statutes is created to read:

49.79 (11) Treatment of inactive accounts; expungement of unused benefits. (a) If, for a period of 6 months or longer, an individual or household that is receiving benefits under this section through an electronic benefit transfer system uses no benefits that have been posted to the individual's or household's benefit account, the department shall remove all benefits from the account electronically and store them offline. The benefits being stored offline shall be made available to the individual or household again within 48 hours after a request by the individual or a member of the household to restore the benefits or upon reapplication by the individual or household for benefits under this section, whichever is applicable. The department shall attempt to notify the individual or household before benefits are removed from the account under this paragraph and shall describe the steps that the individual or household must take to get the benefits returned to the account.

(b) The department shall expunge any benefits that have not been used after a period of one year, regardless of whether either of the following applies:

1. The benefits have been removed from an inactive benefit account under par. (a) and are being stored offline.

2. The benefits are still posted to an active account.

(c) The department shall seek any necessary approval from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves, the department may not implement this subsection.

59,969n Section 969n. 50.14 (1) (am) of the statutes is created to read:

50.14 (1) (am) “Institution for mental diseases” has the meaning given in s. 49.43 (6m).

59,969p Section 969p. 50.14 (2) (intro.) of the statutes is amended to read:

50.14 (2) (intro.) For Except as provided under sub. (2d), for the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment in the following amount per calendar month per licensed bed of the facility:

59,969r Section 969r. 50.14 (2d) of the statutes is created to read:

50.14 (2d) (a) The department shall request approval from the secretary of the federal department of health and human services for the state to allow an exemption from the assessment described under sub. (2) for county government-owned institutions for mental diseases and facilities that are state licensed but not certified to participate in the Medicaid or Medicare programs.

(b) To the extent approved by the federal department of health and human services under par. (a), the requirements under this section do not apply to a county government-owned institution for mental diseases or a facility that is state licensed but not certified to participate in the Medicaid or Medicare programs, effective on July 1, 2017, or the date on which the state receives federal approval, whichever is later.

59,971p Section 971p. 50.38 (3) of the statutes is amended to read:

50.38 (3) The department shall establish the percentage that is applicable under sub. (2) (a) and (b) so that the total amount of assessments collected under sub. (2) (a) in a state fiscal year is equal to the amount in the schedule under s. 20.005 (3) for the appropriation under s. 20.435 (4) (xc) for that fiscal year $414,507,300.

59,971r Section 971r. 50.38 (6) (b) of the statutes is amended to read:

50.38 (6) (b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xc), refund to eligible hospitals, other than critical access hospitals, the difference between the amount in the schedule under s. 20.005 (3) for that appropriation and the amount any amounts not expended or encumbered from that appropriation in the fiscal year or transferred under sub. (8).

59,971t Section 971t. 50.38 (6m) (b) of the statutes is amended to read:

50.38 (6m) (b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xe), refund to critical access hospitals any unencumbered moneys in the critical access hospital assessment fund amounts not expended or encumbered from that appropriation in the fiscal year or transferred under sub. (10).

59,971v Section 971v. 50.38 (8) of the statutes is amended to read:

50.38 (8) In each state fiscal year, the secretary of administration shall transfer from the hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount in the schedule under s. 20.005 (3) for the appropriation under s. 20.435 (4) (xc) collected under sub. (2) (a) for that fiscal year minus the state share of payments to hospitals required under s. 49.45 (3) (e) 11., and minus any refunds paid to hospitals from the hospital assessment fund under sub. (6) (a) in that fiscal year.

59,973 Section 973 . 50.49 (6) (a) of the statutes is amended to read:

50.49 (6) (a) Except as provided in s. 50.498, the department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agency meets the requirements established by this section. The Except as provided in par. (am), the department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports. Each licensee shall annually file a report with the department.

59,974 Section 974 . 50.49 (6) (am) of the statutes is created to read:

50.49 (6) (am) In lieu of performing its own inspection or investigation under par. (a), the department may recognize as evidence for purposes of licensure accreditation of the home health agency by an organization that is approved by the federal centers for Medicare and Medicaid services and that meets any requirements established by the department. The home health agency shall provide the department with a copy of the report by the accreditation organization of each periodic review the organization conducts of the home health agency for the department's use in tracking compliance, investigating complaints, and conducting further surveys.

59,976 Section 976 . 50.92 (4) (b) of the statutes is amended to read:

50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations as a hospice from an organization that is approved by the federal centers for Medicare and Medicaid services and that meets any requirements established by the department. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations organization of each periodic review the association organization conducts of the hospice.

59,977 Section 977 . 51.042 of the statutes is created to read:

51.042 Youth crisis stabilization facilities. (1) Definitions. In this section:

(a) “Crisis” means a situation caused by an individual's apparent mental disorder that results in a high level of stress or anxiety for the individual, persons providing care for the individual, or the public and that is not resolved by the available coping methods of the individual or by the efforts of those providing ordinary care or support for the individual.

(b) “Youth crisis stabilization facility” is a treatment facility with a maximum of 8 beds that admits a minor to prevent or de-escalate the minor's mental health crisis and avoid admission of the minor to a more restrictive setting.

(2) Certification required; exemption. (a) No person may operate a youth crisis stabilization facility without a certification from the department. The department may limit the number of certifications it grants to operate a youth crisis stabilization facility.

(b) A youth crisis stabilization facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

(3) Admission of minors. A minor may be admitted to a youth crisis stabilization facility under this section by a court order under s. 51.20 (13) (a) 3. or through the procedure under s. 51.13. No person may transport a minor to a youth crisis stabilization facility for detention under s. 51.15.

(4) Rules. The department may promulgate rules to implement this section.

59,978f Section 978f. 51.20 (5) of the statutes is renumbered 51.20 (5) (a) and amended to read:

51.20 (5) (a) The hearings which are required to be held under this chapter shall conform to the essentials of due process and fair treatment including the right to an open hearing, the right to request a closed hearing, the right to counsel, the right to present and cross-examine witnesses, the right to remain silent and the right to a jury trial if requested under sub. (11). The parent or guardian of a minor who is the subject of a hearing shall have the right to participate in the hearing and to be represented by counsel. All proceedings under this chapter shall be reported as provided in SCR 71.01.

(b) The court may determine to hold a hearing under this section at the institution at which the individual is detained, whether or not located in the same county as the court with which the petition was filed, unless the individual or his or her attorney objects.

59,978k Section 978k. 51.20 (5) (c) of the statutes is created to read:

51.20 (5) (c) 1. In a county in which the courthouse is 100 miles or more away from the facility at which the subject of the hearing is detained and has videoconferencing capabilities that meet the technical and operational standards under s. 885.54, the court may conduct the hearing under this section by videoconference unless both the corporation counsel and counsel representing the subject of the hearing object.

2. Subdivision 1. does not preclude a court from conducting a hearing by videoconference in circumstances other than described under subd. 1.

59,979 Section 979 . 51.44 (3) (d) of the statutes is created to read:

51.44 (3) (d) From the appropriation under s. 20.435 (7) (bt), the department may pay the nonfederal share of Medical Assistance costs for services provided under s. 49.45 (54) (c).

59,979k Section 979k. 51.45 (13) (d) of the statutes is amended to read:

51.45 (13) (d) Whenever it is desired to involuntarily commit a person, a preliminary hearing shall be held under this paragraph. The purpose of the preliminary hearing shall be to determine if there is probable cause for believing that the allegations of the petition under par. (a) are true. The court shall assure that the person is represented by counsel at the preliminary hearing by referring the person to the state public defender, who shall appoint counsel for the person without a determination of indigency, as provided in s. 51.60. Counsel shall have access to all reports and records, psychiatric and otherwise, which have been made prior to the preliminary hearing. The person shall be present in person or by videoconference under s. 51.20 (5) (c) at the preliminary hearing and shall be afforded a meaningful opportunity to be heard. Upon failure to make a finding of probable cause under this paragraph, the court shall dismiss the petition and discharge the person from the custody of the county department.

59,979p Section 979p. 51.61 (1) (z) of the statutes is created to read:

51.61 (1) (z) In the case of a patient committed under ch. 980, have the right to have a county department submit a report under s. 980.08 (4) (dm) within the time frame specified under that paragraph.

59,980s Section 980s. 59.17 (2) (b) 3. (intro.) of the statutes is renumbered 59.17 (2) (b) 3. and amended to read:

59.17 (2) (b) 3. Exercise the authority under s. 59.52 (6) (a) that would otherwise be exercised by a county board, except that the county board may continue to exercise the authority under s. 59.52 (6) with regard to land that is zoned as a park on or after July 14, 2015, other than land zoned as a park in the city of Milwaukee that is located within the area west of Lincoln Memorial Drive, south of E. Michigan Street, east of N. Van Buren Street, and north of E. Clybourn Avenue. With regard to the sale, acquisition, or lease as landlord or tenant of property, other than certain park land as described in this subdivision, the county executive's action need not must be consistent with established county board policy and may take effect without submission to or approval by must be approved by the county board. The proceeds of the sale of property as authorized under this subdivision shall first be applied to any debt attached to the property. Before the county executive's sale of county land may take effect, a majority of the following must sign a document, a copy of which will be attached to the bill of sale and a copy of which will be retained by the county, certifying that they believe the sale is in the best interests of the county: to take effect. The county board may only approve or reject the contract as negotiated by the county executive.

59,980se Section 980se. 59.17 (2) (b) 3. a. to c. of the statutes are repealed.

59,981 Section 981 . 59.20 (3) (a) of the statutes is amended to read:

59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer, comptroller, register of probate, clerk, and county surveyor shall keep his or her office at the county seat in the offices provided by the county or by special provision of law; or if there is none, then at such place as the board directs. The board may also require any elective or appointive county official to keep his or her office at the county seat in an office to be provided by the county. All such officers shall keep their offices open during the usual business hours of any day except Sunday, as the board directs. With proper care, the officers shall open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers, or minutes therefrom except as authorized in par. (c) and ss. 19.36 (10) to (12) and (11) and 19.59 (3) (d) or under ch. 69.

59,981e Section 981e. 59.255 (2) (L) of the statutes is created to read:

59.255 (2) (L) The comptroller shall administer accounts payable, payroll, accounting, and financial information systems.

59,981h Section 981h. 59.52 (6) (intro.) of the statutes is amended to read:

59.52 (6) Property. (intro.) Except as provided in s. 59.17 (2) (b) 3., the The board may:

59,981m Section 981m. 59.52 (6) (a) of the statutes is amended to read:

59.52 (6) (a) How acquired; purposes. Take Except as provided in s. 59.17 (2) (b) 3., take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d). The power of condemnation may not be used to acquire property for the purpose of establishing or extending a recreational trail; a bicycle way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a pedestrian way, as defined in s. 346.02 (8) (a).

59,982b Section 982b. 59.52 (7) of the statutes is amended to read:

59.52 (7) Joint cooperation. The board may join with the state, other counties and municipalities in a cooperative arrangement as provided by s. 66.0301, including the acquisition, development, remodeling, construction, equipment, operation and maintenance of land, buildings and facilities for regional projects, whether or not such projects are located within the county. If a county is required to establish or maintain an agency, department, commission, or any other office or position to carry out a county responsibility, and the county joins with another county or municipality by entering into an intergovernmental cooperation contract under s. 66.0301 (2) to jointly carry out the responsibility, the jointly established or maintained agency, department, commission, or any other office or position to which the contract applies fulfills the county's obligation to establish or maintain such entities or positions until the contract entered into under s. 66.0301 (2) expires or is terminated by the parties. In addition, if 2 or more counties enter into an intergovernmental cooperation contract and create a commission under s. 66.0301 (2) to jointly or regionally administer a function or project, the commission shall be considered to be a single entity that represents, and may act on behalf of, the joint interests of the signatories to the contract entered into under s. 66.0301 (2).

59,982f Section 982f. 59.52 (31) (e) of the statutes is repealed.

59,982i Section 982i. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

59.69 (10) (ab) (intro.) In this subsection “ nonconforming use":

3. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

59,982ib Section 982ib. 59.69 (10) (ab) 1. of the statutes is created to read:

59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being separated only by a waterway, section line, public road, private road, transportation right-of-way, or utility right-of-way.

59,982ic Section 982ic. 59.69 (10) (ab) 2. of the statutes is created to read:

59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry existed lawfully before the quarry became a nonconforming use, and includes any parcel of land that, as of the effective date of this subdivision .... [LRB inserts date], is contiguous to the land on which the quarry is located, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is located in the same political subdivision.

59,982id Section 982id. 59.69 (10) (ab) 4. of the statutes is created to read:

59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.0414 (2) (d).