Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,188,18 43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:

AB133-ASA1-CA1,188,20 1. Multiply the system's percentage of the state's population by the product of the amount appropriated under s. 20.255 (3) (e) and 0.85.

AB133-ASA1-CA1,188,22 2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under s. 20.255 (3) (e) and 0.075.

AB133-ASA1-CA1,189,3 3. Divide the sum of the payments to the municipalities and counties in the system under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, by the total of all payments under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, and multiply the result by the product of the amount appropriated under s. 20.255 (3) (e) and 0.075.".

AB133-ASA1-CA1,189,4 665. Page 537, line 19: after that line insert:

AB133-ASA1-CA1,189,5 " Section 945ds. 43.17 (9) (a) of the statutes is amended to read:

AB133-ASA1-CA1,189,15 43.17 (9) (a) All contracts for public construction , the estimated cost of which exceeds $5,000, made by a federated public library system whose territory lies within 2 or more counties or by a federated public library system whose territory lies within a single county with a population of at least 500,000 shall be let by the public library system board to the lowest responsible bidder in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section, the system board possesses the powers conferred by s. 62.15 on the board of public works and the common council. All contracts made under this section shall be made in the name of the federated public library system and shall be executed by the system board president and such other board officer as the system board designates.".

AB133-ASA1-CA1,189,16 666. Page 538, line 21: after that line insert:

AB133-ASA1-CA1,189,17 " Section 946g. 44.34 (13) of the statutes is created to read:

AB133-ASA1-CA1,189,18 44.34 (13) Produce a CD-ROM about the restoration of the state capitol.".

AB133-ASA1-CA1,189,20 667. Page 541, line 19: delete "School for the Visually" and substitute "Center for the Blind and Visually Impaired".

AB133-ASA1-CA1,189,21 668. Page 541, line 20: delete "Handicapped".

AB133-ASA1-CA1,189,22 669. Page 543, line 6: after that line insert:

AB133-ASA1-CA1,189,23 " Section 955p. 44.72 (1) (e) of the statutes is created to read:

AB133-ASA1-CA1,190,2 44.72 (1) (e) Consult with the department of public instruction before awarding grants under this subsection.".

AB133-ASA1-CA1,190,4 670. Page 545, line 16: delete the material beginning with that line and ending with page 546, line 4.

AB133-ASA1-CA1,190,6 671. Page 552, line 2: before "to" insert "including a community-based residential facility,".

AB133-ASA1-CA1,190,7 672. Page 555, line 10: after that line insert:

AB133-ASA1-CA1,190,8 " Section 999d. 46.036 (4) (a) of the statutes is amended to read:

AB133-ASA1-CA1,190,19 46.036 (4) (a) Except as provided in this paragraph, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.".

AB133-ASA1-CA1,190,20 673. Page 555, line 10: after that line insert:

AB133-ASA1-CA1,190,21 " Section 997m. 46.03 (44) of the statutes is created to read:

AB133-ASA1-CA1,191,2 46.03 (44) Stray voltage research. Conduct research and investigate allegations that the 3rd harmonic of 60-hertz current harms people and dairy animals. The department shall allocate moneys transferred to the appropriation account under s. 20.435 (1) (kx) from the appropriation under s. 20.155 (1) (jm) for this purpose.".

AB133-ASA1-CA1,191,3 674. Page 555, line 25: after that line insert:

AB133-ASA1-CA1,191,4 " Section 999p. 46.041 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,191,12 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools the Wisconsin School for the deaf and visually handicapped, Deaf, the Wisconsin Center for the Blind and Visually Impaired and mental health facilities within the state at the discretion of the superintendent director of the institution providing services under this section.".

AB133-ASA1-CA1,191,13 675. Page 559, line 21: after that line insert:

AB133-ASA1-CA1,191,14 " Section 1003c. 46.10 (2m) of the statutes is amended to read:

AB133-ASA1-CA1,191,20 46.10 (2m) The liability specified in sub. (2) shall not apply to tuberculosis patients receiving care, maintenance, services and supplies under ss. 58.06 and 252.07 to 252.10, to persons 18 and older receiving care, maintenance, services and supplies provided by prisons named in s. 302.01 or to parents of a minor who receives care for alcohol or drug abuse under s. 51.47 (1) without consent of the minor's parent or guardian.

AB133-ASA1-CA1, s. 1003t Section 1003t. 46.18 (1) of the statutes is amended to read:

AB133-ASA1-CA1,192,5 46.18 (1) Trustees. Every county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, shall, subject to regulations approved by the county board, be managed by a board of trustees, electors of the county, chosen by ballot by the county board. At its annual meeting, the county board shall appoint an uneven number of trustees, from 3 to 9 at the option of the board, for staggered 3-year terms ending the first Monday in January. Any vacancy shall be filled for the unexpired term by the county board; but the chairperson of the county board may appoint a trustee to fill the vacancy until the county board acts.

AB133-ASA1-CA1, s. 1003u Section 1003u. 46.20 (1) of the statutes is amended to read:

AB133-ASA1-CA1,192,15 46.20 (1) Any 2 or more counties may jointly, by majority vote of all the members of each county board, provide for a county home, infirmary, hospital, tuberculosis hospital or sanatorium, or similar institution, or juvenile detention home, which shall be established, maintained and operated pursuant to all the statutes relating to the establishment, maintenance and operation of similar institutions, respectively, by any single county whose population is less than 250,000, except as otherwise provided in this section; and in all respects, except as herein specified, each such institution shall be the county institution of each of the counties so joining.

AB133-ASA1-CA1, s. 1003v Section 1003v. 46.20 (3) of the statutes is amended to read:

AB133-ASA1-CA1,192,24 46.20 (3) Upon approval of the site, plans and specifications, as provided in s. 252.073 as to tuberculosis sanatoriums and ss. 46.17 and 301.37, as to other institutions, the joint committee shall report to the several county boards the estimated cost of the site and buildings, and the amount thereof chargeable to each county on the basis set forth in sub. (6) (a), appending to each report a copy of the plans and specifications and all matter relating to the site and buildings. If the report is approved by each county board, the joint committee shall purchase the site and cause the buildings to be erected in accordance with the plans and specifications.

AB133-ASA1-CA1, s. 1003w Section 1003w. 46.20 (8) of the statutes is repealed.

AB133-ASA1-CA1, s. 1003x Section 1003x. 46.20 (10) of the statutes is repealed.".

AB133-ASA1-CA1,193,7 676. Page 569, line 25: delete "whether or not the person is a private pay admittee at the time of admission." and substitute "whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person is expected to become eligible for medical assistance within 6 months of assessment.".

AB133-ASA1-CA1,193,8 677. Page 570, line 4: after that line insert:

AB133-ASA1-CA1,193,9 " Section 1045g. 46.27 (7) (cL) of the statutes is created to read:

AB133-ASA1-CA1,193,13 46.27 (7) (cL) No county department or aging unit may deny services to a person under par. (cj) who refused to have an assessment completed as required under par. (cj) 3. a. before the effective date of this paragraph .... [revisor inserts date].".

AB133-ASA1-CA1,193,14 678. Page 570, line 4: after that line insert:

AB133-ASA1-CA1,193,15 " Section 1045d. 46.27 (7) (ck) 1. of the statutes is amended to read:

AB133-ASA1-CA1,193,21 46.27 (7) (ck) 1. Subject to the approval of the department, and except as provided in sub. (7b) (a), a county may establish and implement more restrictive conditions than those imposed under par. (cj) on the use of funds received under par. (b) for the provision of services to a person in a community-based residential facility. A county that establishes more restrictive conditions under this subdivision shall include the conditions in its community options plan under sub. (3) (cm).

AB133-ASA1-CA1, s. 1045e Section 1045e. 46.27 (7) (cm) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,194,2 46.27 (7) (cm) 1. (intro.) Beginning Except as provided sub. (7b), beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under par. (b) to provide services in any community-based residential facility that has more than 8 beds, unless one of the following applies:".

AB133-ASA1-CA1,194,3 679. Page 572, line 6: after that line insert:

AB133-ASA1-CA1,194,4 " Section 1048m. 46.27 (7b) of the statutes is created to read:

AB133-ASA1-CA1,194,6 46.27 (7b) Pilot program in Chippewa County. The department shall establish a pilot project in Chippewa County to effect all of the following:

AB133-ASA1-CA1,194,11 (a) Notwithstanding the maximum total amount established by Chippewa County under sub. (3) (f), Chippewa County may not deny services under this section to an eligible individual who resides in a community-based residential facility when the individual becomes eligible, solely because the maximum total amount has been reached.

AB133-ASA1-CA1,194,15 (b) In making a determination under sub. (7) (cj) 3. e. regarding the cost-effectiveness of a placement in a community-based residential facility, Chippewa County shall consider all state and federal funds needed for all options considered.

AB133-ASA1-CA1,194,21 (c) Chippewa County, or a private nonprofit agency or aging unit in Chippewa County, may use funds received under sub. (7) (b) to provide services in any community-based residential facility that has 20 or fewer beds notwithstanding sub. (7) (cm) 1. Subsection (7) (cm) 1. applies in Chippewa County, however, with respect to the use of funds received under sub. (7) (b) to provide services in any community-based residential facility that has more than 20 beds.".

AB133-ASA1-CA1,195,3 680. Page 574, line 23: delete "whether or not the person is a private pay admittee at the time of admission." and substitute "whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person is expected to become eligible for medical assistance within 6 months of assessment.".

AB133-ASA1-CA1,195,4 681. Page 575, line 2: after that line insert:

AB133-ASA1-CA1,195,5 " Section 1059. 46.27 (11) (c) 5q. of the statutes is created to read:

AB133-ASA1-CA1,195,9 46.27 (11) (c) 5q. No county department or aging unit may deny services to a person under subd. 5n. who refused to have an assessment completed as required under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts date].".

AB133-ASA1-CA1,195,15 682. Page 576, line 3: delete "whether or not the person is a private pay admittee at the time of admission." and substitute "whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person is expected to become eligible for medical assistance within 6 months of assessment.".

AB133-ASA1-CA1,195,22 683. Page 594, line 9: after "supervision." insert "A resource center may not require a financial screen for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial screen under this paragraph, unless the person is expected to become eligible for medical assistance within 6 months. A resource center need not provide a functional screen for a person seeking admission or about to be admitted who has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.".

AB133-ASA1-CA1,195,23 684. Page 597, line 23: delete "nonprofit".

AB133-ASA1-CA1,195,24 685. Page 622, line 7: delete lines 7 to 14.

AB133-ASA1-CA1,196,1 686. Page 622, line 18: delete "$283,778,800" and substitute "$284,978,800".

AB133-ASA1-CA1,196,2 687. Page 622, line 19: delete "$279,886,800" and substitute "$285,511,800".

AB133-ASA1-CA1,196,4 688. Page 623, line 3: delete "$1,877,000 for each" and substitute " $1,877,000 for each".

AB133-ASA1-CA1,196,6 689. Page 623, line 4: delete "fiscal year" and substitute "fiscal year $1,993,400 for fiscal year 1999-2000 and $2,226,300 for fiscal year 2000-01".

AB133-ASA1-CA1,196,7 690. Page 624, line 14: after that line insert:

AB133-ASA1-CA1,196,8 " Section 1091k. 46.46 (1) of the statutes is amended to read:

AB133-ASA1-CA1,196,18 46.46 (1) The department shall perform activities to augment the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v. The department shall perform those income augmentation activities itself and may not contract with any person to perform those income augmentation activities. From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v performing those income augmentation activities. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).".

AB133-ASA1-CA1,196,19 691. Page 625, line 25: after that line insert:

AB133-ASA1-CA1,196,20 " Section 1098m. 46.48 (30) of the statutes is created to read:

AB133-ASA1-CA1,197,5 46.48 (30) Substance abuse treatment grants. (a) From the appropriation under s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).

AB133-ASA1-CA1,197,9 (b) Notwithstanding par. (a), the department may distribute grants under par. (a) only to the extent that the distribution meets the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 et. seq.".

AB133-ASA1-CA1,197,10 692. Page 626, line 4: after that line insert:

AB133-ASA1-CA1,197,11 " Section 1099g. 46.481 (5) of the statutes is created to read:

AB133-ASA1-CA1,197,15 46.481 (5) Healthy families program. The department shall distribute $100,000 in each fiscal year to Kenosha Area Family and Aging Services, Inc., for the provision of home visiting services for mothers who are under 18 years of age under that organization's healthy families program.".

AB133-ASA1-CA1,197,16 693. Page 626, line 4: after that line insert:

AB133-ASA1-CA1,197,17 " Section 1099m. 46.481 (6) of the statutes is created to read:

AB133-ASA1-CA1,197,20 46.481 (6) Children's safe house child care program. The department shall distribute $50,000 in each fiscal year to the children's safe house child care program in Kenosha County for the operation of that program.".

AB133-ASA1-CA1,197,21 694. Page 645, line 22: after that line insert:

AB133-ASA1-CA1,197,22 " Section 1130m. 48.20 (8) of the statutes is amended to read:

AB133-ASA1-CA1,198,18 48.20 (8) If a child is held in custody, the intake worker shall notify the child's parent, guardian and legal custodian of the reasons for holding the child in custody and of the child's whereabouts unless there is reason to believe that notice would present imminent danger to the child. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 48.21, the nature and possible consequences of that hearing, the right to counsel under s. 48.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the child is 12 years of age or older, the child shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the child and the child's parent, guardian or legal custodian. When the child is an expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., the unborn child, through the unborn child's guardian ad litem, shall receive the same notice about the whereabouts of the child expectant mother, about the reasons for holding the child expectant mother in custody and about the detention hearing as the child expectant mother and her parent, guardian or legal custodian. The intake worker shall notify the child expectant mother, her parent, guardian or legal custodian and the unborn child, by the unborn child's guardian ad litem.

AB133-ASA1-CA1, s. 1130p Section 1130p. 48.21 (3) (d) of the statutes is amended to read:

AB133-ASA1-CA1,198,25 48.21 (3) (d) Prior to the commencement of the hearing, the parent, guardian or legal custodian shall be informed by the court of the allegations that have been made or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the right to counsel under s. 48.23 regardless of ability to pay, the right to confront and cross-examine witnesses and the right to present witnesses.

AB133-ASA1-CA1, s. 1130r Section 1130r. 48.23 (2) of the statutes is renumbered 48.23 (2) (a) and amended to read:

AB133-ASA1-CA1,199,12 48.23 (2) (a) Whenever a child is alleged to be in need of protection or services under s. 48.13 or is the subject of a proceeding involving a contested adoption or the involuntary termination of parental rights, any parent under 18 years of age who appears before the court shall be represented by counsel; but no such parent may waive counsel. A minor parent petitioning for the voluntary termination of parental rights shall be represented by a guardian ad litem. If a proceeding involves a contested adoption or the involuntary termination of parental rights, any parent 18 years old or older who appears before the court shall be represented by counsel; but the parent may waive counsel provided the court is satisfied such waiver is knowingly and voluntarily made.

AB133-ASA1-CA1, s. 1130t Section 1130t. 48.23 (2) (b) of the statutes is created to read:

AB133-ASA1-CA1,199,22 48.23 (2) (b) If a petition under s. 48.13 is contested, no child may be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the fact-finding hearing and subsequent proceedings. If the petition is not contested, the child may not be placed outside his or her home unless the nonpetitioning parent is represented by counsel at the hearing at which the placement is made. A parent who is required under this paragraph to be represented by counsel may, however, waive counsel if the court is satisfied that such waiver is knowingly and voluntarily made, and the court may place the child outside the home even though the parent was not represented by counsel.

AB133-ASA1-CA1, s. 1130v Section 1130v. 48.23 (3) of the statutes is amended to read: