Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 1176d Section 1176d. 48.685 (5m) of the statutes is amended to read:

AB133-ASA1-AA2,168,13 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the entity a person specified in sub. (2) (ag) (intro.) if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency, or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to employ, hire or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider a person specified in sub. (2) (ag) (intro.) if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.

AB133-ASA1-AA2, s. 1176g Section 1176g. 48.685 (5m) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,169,8 48.685 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, a county department or a child welfare agency may refuse to license a foster home or treatment foster home under s. 48.62, and an entity may refuse to hire employ or contract with a caregiver or permit a nonclient resident to reside at the entity if the person has been convicted of an offense that is not a serious crime, but that is, in the estimation of the department, county department, child welfare agency or entity, substantially related to the care of a client. Notwithstanding s. 111.335, the department may refuse to license a person to operate a day care center, a county department may refuse to certify a day care provider under s. 48.651, a school board may refuse to contract with a person under s. 120.13 (14), a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (14) and a day care provider that is certified under s. 48.651 may refuse to hire employ or contract with a caregiver or permit a nonclient resident to reside at the day care center or day care provider if the person has been convicted of or adjudicated delinquent on or after his or her 12th birthday for an offense that is not a serious crime, but that is, in the estimation of the department, county department, school board, day care center or day care provider, substantially related to the care of a client.

AB133-ASA1-AA2, s. 1177r Section 1177r. 48.685 (6) (am) (intro.) of the statutes is renumbered 48.685 (6) (am) and amended to read:

AB133-ASA1-AA2,169,13 48.685 (6) (am) Every 4 years an entity shall require all of the following persons its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department:.

AB133-ASA1-AA2, s. 1178d Section 1178d. 48.685 (6) (am) 1. of the statutes is repealed.

AB133-ASA1-AA2, s. 1178g Section 1178g. 48.685 (6) (am) 2. of the statutes is repealed.

AB133-ASA1-AA2, s. 1179d Section 1179d. 48.685 (6) (b) of the statutes is renumbered 48.685 (6) (b) 1. and amended to read:

AB133-ASA1-AA2,170,2 48.685 (6) (b) 1. For persons specified under par. (a) caregivers who are licensed by the department, for persons specified in par. (am) 1. who are under 18 years of age, but not under 12 years of age, and who are employes, prospective employes, contractors or prospective contractors caregivers of a day care center that is licensed under s. 48.65 or established or contracted for under s. 120.13 (4) or of a day care provider that is certified under s. 48.651, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department.

AB133-ASA1-AA2,170,7 2. For persons specified under par. (a) caregivers who are licensed or certified by a county department, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed or certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department.

AB133-ASA1-AA2,170,12 3. For persons specified under par. (a) caregivers who are licensed by a child welfare agency, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is licensed by a child welfare agency and for other persons specified by the department by rule, the entity shall send the background information form to the child welfare agency

AB133-ASA1-AA2,170,20 4. For persons specified under par. (a) caregivers who are contracted with by a school board, for persons specified in par. (am) 2. who are nonclient residents or prospective nonclient residents of an entity that is contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For all other persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department, county department, child welfare agency or school board, whichever is applicable.

AB133-ASA1-AA2, s. 1180g Section 1180g. 48.685 (7) (a) of the statutes is repealed.

AB133-ASA1-AA2, s. 1180h Section 1180h. 48.685 (7) (b) of the statutes is repealed.".

AB133-ASA1-AA2,170,23 467. Page 652, line 24: after that line insert:

AB133-ASA1-AA2,170,24 " Section 1182d. 48.69 of the statutes is amended to read:

AB133-ASA1-AA2,171,15 48.69 Probationary licenses. Except as provided under s. 48.715 (6) and (7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) (a) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (6) and (7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1) (a). A probationary license issued under this section may be renewed for one 6-month period.

AB133-ASA1-AA2, s. 1183d Section 1183d. 48.715 (1) of the statutes is amended to read:

AB133-ASA1-AA2,171,19 48.715 (1) In this section, "licensee" means a person who holds a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, shelter care facility, group home or day care center.

AB133-ASA1-AA2, s. 1184d Section 1184d. 48.715 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,171,24 48.715 (2) (a) That a person stop operating a child welfare agency, shelter care facility, group home or day care center if the child welfare agency, shelter care facility, group home or day care center is without a license in violation of s. 48.66 (1) (a) or a probationary license in violation of s. 48.69.

AB133-ASA1-AA2, s. 1185d Section 1185d. 48.715 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,172,5 48.715 (2) (b) That a person who employs a person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent or employe.

AB133-ASA1-AA2, s. 1186d Section 1186d. 48.715 (4) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,172,11 48.715 (4) (intro.) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 48.66 (1) (a) or a probationary license issued under s. 48.69 for any of the following reasons:

AB133-ASA1-AA2, s. 1187d Section 1187d. 48.715 (5) of the statutes is amended to read:

AB133-ASA1-AA2,172,16 48.715 (5) The department may deny a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to any person who has had a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 revoked within the previous 5 years.

AB133-ASA1-AA2, s. 1188d Section 1188d. 48.715 (6) of the statutes is amended to read:

AB133-ASA1-AA2,173,7 48.715 (6) The department of health and family services shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, and the department of corrections shall deny, suspend, restrict, refuse to renew or otherwise withhold a license under s. 48.66 (1) (b) to operate a secured child caring institution, for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 48.72, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 48.72.

AB133-ASA1-AA2, s. 1189d Section 1189d. 48.715 (7) of the statutes is amended to read:

AB133-ASA1-AA2,173,15 48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) (a) or a probationary license under s. 48.69 to operate a child welfare agency, group home, shelter care facility or day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.".

AB133-ASA1-AA2,173,16 468. Page 653, line 3: after that line insert:

AB133-ASA1-AA2,173,17 " Section 1189r. 48.75 (1m) of the statutes is amended to read:

AB133-ASA1-AA2,173,21 48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 with information about each person who is denied a license for a reason specified in s. 48.685 (2) (4m) (a) 1. to 5.".

AB133-ASA1-AA2,173,22 469. Page 655, line 23: after that line insert:

AB133-ASA1-AA2,173,23 " Section 1201p. 49.001 (1r) of the statutes is created to read:

AB133-ASA1-AA2,174,6 49.001 (1r) "Family planning" means voluntary action by individuals to prevent or aid conception. "Family planning" does not include the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the promotion, encouragement or counseling in favor of, or referral directly or through an intermediary for any of the following:

AB133-ASA1-AA2,174,7 (a) Prenatal care and delivery.

AB133-ASA1-AA2,174,8 (b) Infant care, foster care or adoption.

AB133-ASA1-AA2, s. 1201q Section 1201q. 49.001 (1s) of the statutes is created to read:

AB133-ASA1-AA2,174,14 49.001 (1s) "Family planning services" mean counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians or local health departments for consultation, examination, medical treatment and prescriptions for the purpose of family planning.".

AB133-ASA1-AA2,174,15 470. Page 655, line 23: after that line insert:

AB133-ASA1-AA2,174,16 " Section 1201t. 49.015 (1m) (b) 5. of the statutes is created to read:

AB133-ASA1-AA2,174,18 49.015 (1m) (b) 5. The individual has infectious tuberculosis, as defined in s. 252.07 (1g) (a), or suspect tuberculosis, as defined in s. 252.07 (1g) (d).".

AB133-ASA1-AA2,174,19 471. Page 657, line 5: after that line insert:

AB133-ASA1-AA2,174,20 " Section 1207m. 49.08 of the statutes is amended to read:

AB133-ASA1-AA2,175,17 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).".

AB133-ASA1-AA2,175,18 472. Page 663, line 25: delete that line.

AB133-ASA1-AA2,175,19 473. Page 664, line 1: delete lines 1 to 6.

AB133-ASA1-AA2,175,20 474. Page 676, line 21: after that line insert:

AB133-ASA1-AA2,175,21 " Section 1274m. 49.159 (2) of the statutes is amended to read:

AB133-ASA1-AA2,176,5 49.159 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.".

AB133-ASA1-AA2,176,6 475. Page 682, line 16: delete "49.143 (3p)" and substitute "49.179".

AB133-ASA1-AA2,176,7 476. Page 683, line 8: delete lines 8 and 9 and substitute:

AB133-ASA1-AA2,176,9 "(j) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in fiscal year 1999-2000 and $3,925,100 in fiscal year 2000-01.".

AB133-ASA1-AA2,176,10 477. Page 683, line 10: delete lines 10 and 11.

AB133-ASA1-AA2,176,11 478. Page 684, line 8: delete "$9,700,000" and substitute "10,000,000".

AB133-ASA1-AA2,176,12 479. Page 685, line 12: after "(3n)" insert ", (3o)".

AB133-ASA1-AA2,176,13 480. Page 686, line 6: after "46.93" insert ", 46.99".

AB133-ASA1-AA2,176,14 481. Page 687, line 1: delete lines 1 and 2.

AB133-ASA1-AA2,176,15 482. Page 687, line 10: delete lines 10 and 11.

AB133-ASA1-AA2,176,17 483. Page 689, line 19: delete the material beginning with that line and ending with page 690, line 22.

AB133-ASA1-AA2,176,18 484. Page 691, line 4: delete "to (d)" and substitute "to (d) and (c)".

AB133-ASA1-AA2,176,19 485. Page 691, line 6: after that line insert:

AB133-ASA1-AA2,176,20 " Section 1335g. 49.19 (11s) (d) of the statutes is repealed.".

AB133-ASA1-AA2,176,21 486. Page 703, line 12: after that line insert:

AB133-ASA1-AA2,176,22 " Section 1355w. 49.30 (1) (b) of the statutes is amended to read:

AB133-ASA1-AA2,177,2 49.30 (1) (b) The lesser of $1,000 $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.".

AB133-ASA1-AA2, s. 1355wb Section 1355wb. 49.30 (1) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-AA2,177,6 49.30 (1) (b) The lesser of $1,500 $2,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.".

AB133-ASA1-AA2,177,8 487. Page 703, line 18: delete the material beginning with that line and ending with page 704, line 5.

AB133-ASA1-AA2,177,9 488. Page 706, line 3: delete lines 3 to 9.

AB133-ASA1-AA2,177,10 489. Page 717, line 2: after that line insert:

AB133-ASA1-AA2,177,11 " Section 1419r. 49.45 (18) (b) 5. of the statutes is amended to read:

AB133-ASA1-AA2,177,12 49.45 (18) (b) 5. Family planning services, as defined in s. 253.07 (1) (b).".

AB133-ASA1-AA2,177,13 490. Page 717, line 3: delete lines 3 to 15.

AB133-ASA1-AA2,177,14 491. Page 717, line 21: after that line insert:

AB133-ASA1-AA2,177,15 " Section 1426d. 49.45 (24r) of the statutes is amended to read:

AB133-ASA1-AA2,177,23 49.45 (24r) Family planning demonstration project. The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide family planning services, as defined in s. 253.07 (1) (b), under medical assistance to any woman between the ages of 15 and 44 whose family income does not exceed 185% of the poverty line for a family the size of the woman's family. If the waiver is granted and in effect, the department shall implement the waiver no later than July 1, 1998, or on the effective date of the waiver, whichever is later.".

AB133-ASA1-AA2,178,3 492. Page 717, line 24: delete the material beginning with "School for" and ending with "Handicapped" on line 25 and substitute "Center for the Blind and Visually Impaired".

AB133-ASA1-AA2,178,5 493. Page 718, line 9: delete that line and substitute "behalf of the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin".

AB133-ASA1-AA2,178,7 494. Page 718, line 14: delete that line and substitute "pars. (b) and (c) to the Wisconsin Center for the Blind and Visually Impaired and the".

AB133-ASA1-AA2,178,8 495. Page 718, line 16: after "is" insert "renumbered 49.45 (39) (b) 1. and".

AB133-ASA1-AA2,178,10 496. Page 718, line 17: delete "Payment for school medical services." and substitute "1. `Payment for school medical services.'".

AB133-ASA1-AA2,178,11 497. Page 718, line 21: after "and" insert ", as specified in subd. 2.,".

AB133-ASA1-AA2,178,13 498. Page 718, line 22: delete that line and substitute "administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the".

AB133-ASA1-AA2,178,15 499. Page 719, line 1: delete that line and substitute "medical services that the Wisconsin Center for the Blind and Visually Impaired or the".

AB133-ASA1-AA2,179,4 500. Page 719, line 2: delete "for allowable administrative costs." and substitute ", as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin School for the Visually Handicapped or the Wisconsin School for the Deaf may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin School for the Visually Handicapped or the Wisconsin School for the Deaf may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy.".