Amendment ASA1-AB100

AB100-ASA1, s. 790 Section 790. 45.396 (7) (b) of the statutes is renumbered 45.25 (2) (bm).

AB100-ASA1, s. 791 Section 791. 45.396 (8) of the statutes is repealed.

AB100-ASA1, s. 792 Section 792. 45.396 (9) of the statutes is renumbered 45.25 (5) and amended to read:

AB100-ASA1,423,16 45.25 (5) Disabled veteran eligibility. A disabled veteran who meets the requirements under this section and whose disability is rated at 30% or more under 38 USC 1114 or 1134 may be reimbursed for up to 100% of the cost of tuition and fees, but that reimbursement is limited to 100% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course and may not be provided to an individual more than 4 times during any consecutive 12-month period if the tuition and fees are for an undergraduate semester in any institution of higher education.

AB100-ASA1, s. 793 Section 793. 45.397 (2) (a) of the statutes is amended to read:

AB100-ASA1,423,22 45.397 (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. 45.54 38.50, 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.

AB100-ASA1, s. 794 Section 794. 45.397 (2) (cm) of the statutes is amended to read:

AB100-ASA1,424,3 45.397 (2) (cm) The veteran requesting a grant has not received reimbursement under s. 45.25 or 45.396 for courses completed during the same semester for which a grant would be received under this section.

AB100-ASA1, s. 796 Section 796. 45.54 (title) of the statutes is renumbered 38.50 (title).

AB100-ASA1, s. 797 Section 797. 45.54 (1) (intro.) of the statutes is renumbered 38.50 (1) (intro.).

AB100-ASA1, s. 798 Section 798. 45.54 (1) (a) of the statutes is renumbered 38.50 (1) (a) and amended to read:

AB100-ASA1,424,9 38.50 (1) (a) "Board" Notwithstanding s. 38.01 (2), "board" means the educational approval board.

AB100-ASA1, s. 799 Section 799. 45.54 (1) (b) of the statutes is renumbered 38.50 (1) (b).

AB100-ASA1, s. 800 Section 800. 45.54 (1) (c) of the statutes is renumbered 38.50 (1) (c).

AB100-ASA1, s. 801 Section 801. 45.54 (1) (d) of the statutes is renumbered 38.50 (1) (d).

AB100-ASA1, s. 802 Section 802. 45.54 (1) (e) of the statutes is renumbered 38.50 (1) (e).

AB100-ASA1, s. 803 Section 803. 45.54 (1) (f) of the statutes is renumbered 38.50 (1) (f).

AB100-ASA1, s. 804 Section 804. 45.54 (1) (g) of the statutes is renumbered 38.50 (1) (g).

AB100-ASA1, s. 805 Section 805. 45.54 (2) of the statutes is renumbered 38.50 (2).

AB100-ASA1, s. 806 Section 806. 45.54 (3) of the statutes is renumbered 38.50 (3).

AB100-ASA1, s. 807 Section 807. 45.54 (5) of the statutes is renumbered 38.50 (5) and amended to read:

AB100-ASA1,424,25 38.50 (5) Employees, quarters. The board shall employ a person to perform the duties of an executive secretary and any other persons under the classified service that may be necessary to carry out the board's purpose. The person performing the duties of the executive secretary shall be in charge of the administrative functions of the board. The board shall, to the maximum extent practicable, keep its office with the department technical college system board.

AB100-ASA1, s. 808 Section 808. 45.54 (7) of the statutes is renumbered 38.50 (7).

AB100-ASA1, s. 809 Section 809. 45.54 (8) of the statutes is renumbered 38.50 (8).

AB100-ASA1, s. 810 Section 810. 45.54 (10) (title) of the statutes is renumbered 38.50 (10) (title).

AB100-ASA1, s. 811 Section 811. 45.54 (10) (a) of the statutes is renumbered 38.50 (10) (a) and amended to read:

AB100-ASA1,425,15 38.50 (10) (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board deems necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) 20.292 (2) (gm).

AB100-ASA1, s. 812 Section 812. 45.54 (10) (b) of the statutes is renumbered 38.50 (10) (b).

AB100-ASA1, s. 813 Section 813. 45.54 (10) (c) of the statutes is renumbered 38.50 (10) (c).

AB100-ASA1, s. 814 Section 814. 45.54 (10) (cm) of the statutes is renumbered 38.50 (10) (cm).

AB100-ASA1, s. 815 Section 815. 45.54 (10) (d) of the statutes is renumbered 38.50 (10) (d).

AB100-ASA1, s. 816 Section 816. 45.54 (10) (e) of the statutes is renumbered 38.50 (10) (e).

AB100-ASA1, s. 816g Section 816g. 45.54 (10) (f) of the statutes is renumbered 38.50 (10) (f).

AB100-ASA1, s. 817 Section 817. 45.71 (8) of the statutes is amended to read:

AB100-ASA1,426,2 45.71 (8) "Home" means a building or portion thereof used as the veteran's principal place of by the veteran as a residence, and includes condominiums and income-producing property, a portion of which is so occupied by the veteran, and the land, including existing improvements, appertaining to such a building.

AB100-ASA1, s. 818 Section 818. 45.71 (12) (a) of the statutes is amended to read:

AB100-ASA1,426,5 45.71 (12) (a) Is used as the veteran's principal place of by the veteran as a residence; and

AB100-ASA1, s. 819 Section 819. 45.71 (15) of the statutes is created to read:

AB100-ASA1,426,8 45.71 (15) "Qualified veterans' mortgage bonds" means federally tax-exempt bonds issued under the authority of 26 USC 143.

AB100-ASA1, s. 820 Section 820. 45.71 (16) (d) of the statutes is created to read:

AB100-ASA1,426,13 45.71 (16) (d) Any person who has completed 6 continuous years of service under honorable conditions in the army or air national guard or in any reserve component of the U.S. armed forces, and who is living in this state at the time of his or her application for benefits, shall be considered a veteran under this subchapter.

AB100-ASA1, s. 821 Section 821. 45.76 (1) (c) of the statutes is amended to read:

AB100-ASA1,426,18 45.76 (1) (c) Home improvements. A loan of not more than $25,000 to improve a home, including the construction of a garage or the removal or other alteration of existing improvements that were made to improve the accessibility of a home for a disabled individual.

AB100-ASA1, s. 822 Section 822. 45.76 (1) (d) of the statutes is repealed and recreated to read:

AB100-ASA1,426,21 45.76 (1) (d) Refinancing. Refinancing the balance due on an indebtedness that was incurred for a use designated in pars. (a) to (c).

AB100-ASA1, s. 823 Section 823. 45.76 (3) (b) 1. of the statutes is amended to read:

AB100-ASA1,426,25 45.76 (3) (b) 1. The residence property to be purchased, constructed, improved or refinanced with financial assistance under this subchapter will be used as the person's principal by the person as a residence.

AB100-ASA1, s. 824 Section 824. 45.76 (4) of the statutes is created to read:

AB100-ASA1,427,6 45.76 (4) Qualified veterans' mortgage bonds. If the source of the funding for a loan under this subchapter is the proceeds of a qualified veterans' mortgage bond, the department shall apply any applicable requirements of the Internal Revenue Code in determining a person's eligibility for a loan to assure that the bonds are exempt from federal tax.

AB100-ASA1, s. 827 Section 827. 46.03 (30) (a) of the statutes is amended to read:

AB100-ASA1,427,13 46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. 16.848, explore whether the possible sale or lease of such excess facilities may be sold or leased to a county department under s. 51.42.

AB100-ASA1, s. 830 Section 830. 46.034 (3) of the statutes is amended to read:

AB100-ASA1,428,12 46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.

AB100-ASA1, s. 831 Section 831. 46.035 (1) (a) of the statutes is amended to read:

AB100-ASA1,428,22 46.035 (1) (a) The term "existing building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.

AB100-ASA1, s. 832 Section 832. 46.035 (1) (b) of the statutes is amended to read:

AB100-ASA1,429,7 46.035 (1) (b) The term "new building" in relation to any conveyance, lease or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.

AB100-ASA1, s. 833 Section 833. 46.035 (2) (intro.) of the statutes is repealed.

AB100-ASA1, s. 834 Section 834. 46.035 (2) (a) of the statutes is renumbered 46.035 (2), and 46.035 (2) (intro.), (a) and (c) to (j), as renumbered, are amended to read:

AB100-ASA1,429,18 46.035 (2) (intro.) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has, subject to s. 16.848, the following powers and duties:

AB100-ASA1,429,24 (a) Without limitation by reason of any other provisions of the statutes except s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB100-ASA1,430,9 (c) The power to lease or sublease from such nonprofit corporation, and to make available for public use, any such land and existing buildings conveyed or leased to such nonprofit corporation under subds. 1. and 2. pars. (a) and (b), and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the secretary are in the public interest. With respect to any property conveyed to such nonprofit corporation under subd. 1. par. (a), such lease from such nonprofit corporation may be subject or subordinated to one or more mortgages of such property granted by such nonprofit corporation.

AB100-ASA1,430,13 (d) The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section subsection to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.

AB100-ASA1,430,17 (e) The power to pledge and assign all or any part of the revenues derived from the operation of such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under subd. 3 par. (c).

AB100-ASA1,430,22 (f) The power to covenant and agree in any lease or sublease of such new buildings made under subd. 3. par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.

AB100-ASA1,430,25 (g) The power to apply all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3 par. (c).

AB100-ASA1,431,3 (h) The power to pledge and assign all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3 par. (c).

AB100-ASA1,431,7 (i) The power to covenant and agree in any lease or sublease made under subd. 3. par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.

AB100-ASA1,431,13 (j) The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under subd. 3. par. (c), or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.

AB100-ASA1, s. 835 Section 835. 46.035 (2) (b) of the statutes is renumbered 46.035 (3) and amended to read:

AB100-ASA1,431,22 46.035 (3) The state shall be is liable for accrued rentals and for any other default under any lease or sublease made under par. (a) 3. sub. (2) (c), and may be sued therefor on contract as in other contract actions pursuant to ch. 775, except that it shall not be is not necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.

AB100-ASA1, s. 836 Section 836. 46.035 (2) (c) of the statutes is renumbered 46.035 (4).

AB100-ASA1, s. 837 Section 837. 46.035 (2) (d) of the statutes is repealed.

AB100-ASA1, s. 838 Section 838. 46.035 (2) (e) of the statutes is renumbered 46.035 (5) and amended to read:

AB100-ASA1,432,5 46.035 (5) All laws, except s. 16.848 and ch. 150, conflicting that conflict with any provisions of this section, are, insofar as they conflict with this section and no further, superseded by this section.

AB100-ASA1, s. 839 Section 839. 46.057 (2) of the statutes is amended to read:

AB100-ASA1,432,16 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 in fiscal year 2003-04 2005-06 and $1,379,300 in fiscal year 2004-05 2006-07 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,086,700 $2,271,200 in fiscal year 2003-04 2005-06 and $2,155,600 $2,390,600 in fiscal year 2004-05 2006-07 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

AB100-ASA1, s. 840 Section 840. 46.06 (intro.) of the statutes is created to read:

AB100-ASA1,432,19 46.06 Lands; condemnation, easements, leases, sales, purchases. (intro.) Subject to s. 16.848:

AB100-ASA1, s. 841m Section 841m. 46.07 of the statutes is amended to read:

AB100-ASA1,433,13 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 , the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the same money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).

AB100-ASA1, s. 842 Section 842. 46.09 (intro.) of the statutes is created to read:

AB100-ASA1,433,15 46.09 Purchases, bills, audits, payments. (intro.) Subject to s. 16.848:

AB100-ASA1, s. 843 Section 843. 46.10 (14) (a) of the statutes is amended to read:

AB100-ASA1,434,6 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

AB100-ASA1, s. 844 Section 844. 46.10 (14) (b) of the statutes is amended to read:

AB100-ASA1,434,16 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

AB100-ASA1, s. 845 Section 845. 46.10 (16) of the statutes is amended to read:

AB100-ASA1,435,4 46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities or those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275, or, 46.278, or 46.2785 or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c), if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.