AB40-ASA1,502,1918
c. A person who is not a resident of the state on the date of application for
19membership in a veterans home has 3rd priority for admission.
AB40-ASA1,797
20Section
797. 45.51 (5) (intro.) of the statutes is amended to read:
AB40-ASA1,502,2521
45.51
(5) Additional eligibility requirements of a surviving spouse. (intro.)
22The surviving spouse of a person under sub. (2) (a) 1. or 2.
who was a resident of this
23state at the time of the veteran's death is eligible if the surviving spouse meets the
24requirements of sub. (2) (b) 3. to 5. and if the surviving spouse satisfies all of the
25following conditions:
AB40-ASA1,798
1Section
798. 45.51 (5) (f) of the statutes is repealed.
AB40-ASA1,799
2Section
799. 45.51 (6) (intro.) of the statutes is amended to read:
AB40-ASA1,503,83
45.51
(6) Additional eligibility requirements of parents. (intro.) The parent
4of a person under sub. (2) (a) 1. or 2.
who was a resident of this state at the time of
5the person's death or, the parent of a living person under sub. (2) (a) 1. or 2. who is
6eligible for membership, or the parent of a person who died while in the service is
7eligible if the parent meets the requirements of sub. (2) (b) 3. to 5. and
if the parent 8satisfies all of the following conditions:
AB40-ASA1,800
9Section
800. 45.51 (6) (b) of the statutes is repealed.
AB40-ASA1,801
10Section
801. 45.51 (6m) of the statutes is created to read:
AB40-ASA1,503,1311
45.51
(6m) Residency. In order to be eligible for benefits under this subchapter,
12a person specified under sub. (2) (a) 1., 2., or 3. does not have to be a resident of this
13state on the date of application for membership.
AB40-ASA1,801f
14Section 801f. 45.57 of the statutes is created to read:
AB40-ASA1,503,18
1545.57 Veterans homes; transfer of funding. (1) On June 30 of each fiscal
16year, the department may transfer all or part of the unencumbered balance of any
17of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund
18or to the veterans mortgage loan repayment fund.
AB40-ASA1,504,4
19(2) The department may not transfer money under this section unless it first
20notifies the joint committee on finance in writing of the proposal. If the
21cochairpersons of the committee do not notify the department within 14 working
22days after the date of the department's notification that the committee has scheduled
23a meeting to review the proposal, the department may transfer the money. If, within
2414 working days after the date of the notification by the department, the
25cochairpersons of the committee notify the department that the committee has
1scheduled a meeting to review the proposal, the department may transfer the money
2only upon approval of the committee. A proposal as submitted by the department is
3approved unless a majority of the members of the committee who attend the meeting
4to review the proposal vote to modify or deny the proposal.
AB40-ASA1,802m
5Section 802m. 45.60 (2) of the statutes is amended to read:
AB40-ASA1,504,116
45.60
(2) Stipends. From the appropriation under s. 20.485 (2)
(dm) (sm), the
7department shall reimburse a local unit of a member organization of the council on
8veterans programs or a local unit of a veterans organization certified by the
9department to provide military funeral honors for the costs of providing military
10funeral honors in this state to a person described in sub. (1). The reimbursement may
11not exceed $50 for each funeral for which military honors are provided.
AB40-ASA1,803
12Section
803. 45.61 (2) (f) of the statutes is created to read:
AB40-ASA1,504,1313
45.61
(2) (f) A person who is a member of a veterans home under s. 45.50.
AB40-ASA1,805
14Section
805. 45.61 (4) of the statutes is renumbered 45.61 (4) (a).
AB40-ASA1,806
15Section
806. 45.61 (4) (b) of the statutes is created to read:
AB40-ASA1,504,1816
45.61
(4) (b) In processing applications for burial plots, the department shall
17maintain a waiting list for each of the cemeteries operated under sub. (1) and shall
18give priority to state residents on each waiting list.
AB40-ASA1,808
19Section
808. 45.70 (1) of the statutes is renumbered 45.70 (1m).
AB40-ASA1,809
20Section
809. 45.70 (1b) (title) of the statutes is created to read:
AB40-ASA1,504,2121
45.70
(1b) (title)
Establishment and modifications of memorials.
AB40-ASA1,810
22Section
810. 45.70 (1b) (b) of the statutes is created to read:
AB40-ASA1,504,2523
45.70
(1b) (b) The board may act under par. (a) only if the department estimates
24that the cost of implementing the proposal for an established or future state
25memorial will exceed $25,000.
AB40-ASA1,811
1Section
811. 45.70 (2) (a) of the statutes is renumbered 45.70 (1b) (a) and
2amended to read:
AB40-ASA1,505,73
45.70
(1b) (a) The board may approve, recommend, and veto any proposed
4plans, modifications, and changes or policies with respect to established state
5memorials
, including the Camp Randall Memorial Park, Madison, Wisconsin, as
6described in par. (c), and any future veterans state memorials, and
may recommend
7the creation and establishment of
future veterans state memorials.
AB40-ASA1,812
8Section
812. 45.70 (2) (b) of the statutes is amended to read:
AB40-ASA1,505,139
45.70
(2) (b) No structures, other than memorials approved by the board, and
10no walks, roads, or subterranean footings may be placed or erected upon Camp
11Randall Memorial Park
, Madison, Wisconsin, as described in par. (c), unless
12authorized by the legislature; nor shall the park be used for any purpose other than
13a memorial park.
AB40-ASA1,813
14Section
813. 45.82 (4) of the statutes is amended to read:
AB40-ASA1,505,2315
45.82
(4) The department shall provide grants to the governing bodies of
16federally recognized American Indian tribes and bands from the appropriation
17under s. 20.485 (2) (km)
or (vw) if that governing body enters into an agreement with
18the department regarding the creation, goals, and objectives of a tribal veterans
19service officer, appoints a veteran to act as a tribal veterans service officer, and gives
20that veteran duties similar to the duties described in s. 45.80 (5), except that the
21veteran shall report to the governing body of the tribe or band. The department may
22make annual grants of up to
$8,500 $15,000 per grant under this subsection and shall
23promulgate rules to implement this subsection.
AB40-ASA1,814
24Section
814. 46.03 (30) (a) of the statutes is amended to read:
AB40-ASA1,506,6
146.03
(30) (a) To provide for an orderly reduction of state institutional primary
2psychiatric services the department may approve the institutes entering into
3contracts with county departments under s. 51.42 for providing primary psychiatric
4care. If excess capacity exists at state operated mental health institutes, the
5department shall, subject to
s. ss. 13.48 (14) (am) and 16.848
(1), explore the possible
6sale or lease of such excess facilities to a county department under s. 51.42.
AB40-ASA1,815
7Section
815. 46.035 (2) (a) of the statutes is amended to read:
AB40-ASA1,506,148
46.035
(2) (a) Without limitation by reason of any other provisions of the
9statutes except
s. ss. 13.48 (14) (am) and 16.848
(1), the power to sell and to convey
10title in fee simple to a nonprofit corporation any land and any existing buildings
11thereon owned by, or owned by the state and held for, the department or of any of the
12institutions under the jurisdiction of the department for such consideration and
13upon such terms and conditions as in the judgment of the secretary are in the public
14interest.
AB40-ASA1,816
15Section
816. 46.057 (2) of the statutes is amended to read:
AB40-ASA1,506,2416
46.057
(2) From the appropriation account under s. 20.410 (3) (ba), the
17department of corrections shall transfer to the appropriation account under s. 20.435
18(2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s.
1920.410 (3) (hm), the department of corrections shall transfer to the appropriation
20account under s. 20.435 (2) (kx)
$2,890,700 $2,707,100 in fiscal year
2011-12 212013-14 and
$2,964,000 $2,772,800 in fiscal year
2012-13 2014-15, for services for
22juveniles placed at the Mendota juvenile treatment center. The department of health
23services may charge the department of corrections not more than the actual cost of
24providing those services.
AB40-ASA1,817
25Section
817. 46.06 (4) of the statutes is amended to read:
AB40-ASA1,507,7
146.06
(4) Sales. The department may, with the approval of the building
2commission,
and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell
3and convey such lands under the jurisdiction of the department as the secretary
4deems to be in excess of the present or future requirements of the department for
5either the operation of its facilities or programs, for the maintenance of buffer zones
6adjacent to its facilities or for other public purposes. The proceeds of such sales are
7subject to s. 13.48 (14) (c).
AB40-ASA1,818
8Section
818. 46.07 of the statutes is amended to read:
AB40-ASA1,508,2
946.07 Property of patients or residents. All money including wages and
10other property delivered to an officer or employee of any institution for the benefit
11of a patient or resident shall immediately be delivered to the steward, who shall enter
12the money upon the steward's books to the credit of the patient or resident. The
13property shall be used only under the direction and with the approval of the
14superintendent and for the crime victim and witness assistance surcharge under s.
15973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
16(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046
(1r), the child
17pornography surcharge under s. 973.042, the drug offender diversion surcharge
18under s. 973.043, or the benefit of the patient or resident. If the money remains
19uncalled for for one year after the patient's or resident's death or departure from the
20institution, the superintendent shall deposit the money in the general fund. If any
21patient or resident leaves property, other than money, uncalled for at an institution
22for one year, the superintendent shall sell the property, and the proceeds shall be
23deposited in the general fund. If any person satisfies the department, within 5 years
24after the deposit, of his or her right to the deposit, the department shall direct the
1department of administration to draw its warrant in favor of the claimant and it shall
2charge the same to the appropriation made by s. 20.913 (3) (c).
AB40-ASA1,819
3Section
819. 46.21 (1) (d) of the statutes is amended to read:
AB40-ASA1,508,114
46.21
(1) (d) "Human services" means the total range of services to people,
5including mental illness treatment, developmental disabilities services, physical
6disabilities services, income maintenance, youth probation, extended supervision
7and parole services, alcohol and drug abuse services, services to children, youth and
8families, family counseling, early intervention services for children from birth to the
9age of 3, and manpower services. "Human services" does not include child welfare
10services
administered by the department of children and families under s. 48.48 (17)
11administered by the department in a county having a population of 500,000 or more.
AB40-ASA1,820
12Section
820. 46.215 (1) (intro.) of the statutes is amended to read:
AB40-ASA1,508,2513
46.215
(1) Creation; powers and duties. (intro.)
In Except as provided in ss.
1449.155 (3g), 49.78 (1r), 49.825, and 49.826, in a county with a population of
500,000 15750,000 or more the administration of welfare services, other than child welfare
16services
administered by the department of children and families under s. 48.48 (17)
17administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r),
1849.825, and 49.826, is vested in a county department of social services under the
19jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any
20reference in any law to a county department of social services under this section
21applies to a county department under s. 46.21 (2m) in its administration under s.
2246.21 (2m) of the powers and duties of the county department of social services.
23Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county
24department of social services shall have the following functions, duties, and powers,
25and such other welfare functions as may be delegated to it:
AB40-ASA1,821
1Section
821. 46.27 (7g) (a) 1m. of the statutes is created to read:
AB40-ASA1,509,32
46.27
(7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient
3surviving spouse, whichever is applicable.
AB40-ASA1,822
4Section
822. 46.27 (7g) (a) 4. of the statutes is created to read:
AB40-ASA1,509,75
46.27
(7g) (a) 4. "Nonclient surviving spouse" means any person who was
6married to a client while the client was receiving services for which the cost may be
7recovered under par. (c) 1. and who survived the client.
AB40-ASA1,823
8Section
823. 46.27 (7g) (a) 5. of the statutes is created to read:
AB40-ASA1,509,139
46.27
(7g) (a) 5. a. "Property of a decedent" means all real and personal
10property to which the client held any legal title or in which the client had any legal
11interest immediately before death, to the extent of that title or interest, including
12assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in
13common, survivorship, life estate, living trust, or any other arrangement.
AB40-ASA1,509,2014
b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and
15personal property in which the nonclient surviving spouse had an ownership interest
16at the client's death and in which the client had a marital property interest with that
17nonclient surviving spouse at any time within 5 years before the client applied for
18long-term community support services funded under sub. (7) or during the time that
19the client was eligible for long-term community support services funded under sub.
20(7).
AB40-ASA1,824
21Section
824. 46.27 (7g) (c) 1. of the statutes is amended to read:
AB40-ASA1,510,222
46.27
(7g) (c) 1. Except as provided in subd. 4., the department shall file a claim
23against the estate of a client
or, and against the estate of
the a nonclient surviving
24spouse
of a client, for the amount of long-term community support services funded
1under sub. (7) paid on behalf of the client after the client attained 55 years of age,
2unless already recovered by the department under this subsection.
AB40-ASA1,825
3Section
825. 46.27 (7g) (c) 2m. of the statutes is created to read:
AB40-ASA1,510,64
46.27
(7g) (c) 2m. a. Property that is subject to the department's claim under
5subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all
6property of a decedent that is included in the estate.
AB40-ASA1,510,107
b. There is a presumption, which may be rebutted by clear and convincing
8evidence, that all property in the estate of the nonclient surviving spouse was marital
9property held with the client and that 100 percent of the property in the estate of the
10nonclient surviving spouse is subject to the department's claim under subd. 1.
AB40-ASA1,826
11Section
826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:
AB40-ASA1,510,1512
46.27
(7g) (c) 3. (intro.) The court shall reduce the amount of a claim under
13subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the
client's 14decedent's heirs or the beneficiaries of the
client's decedent's will to retain the
15following personal property:
AB40-ASA1,827
16Section
827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:
AB40-ASA1,510,2317
46.27
(7g) (c) 5. a. If the department's claim is not allowable because of subd.
184. and the estate includes an interest in
real property, including a home, the court
19exercising probate jurisdiction shall, in the final judgment or summary findings and
20order, assign the interest in the
home real property subject to a lien in favor of the
21department for the amount described in subd. 1. The personal representative or
22petitioner for summary settlement or summary assignment of the estate shall record
23the final judgment as provided in s. 863.29, 867.01 (3) (h)
, or 867.02 (2) (h).
AB40-ASA1,828
24Section
828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:
AB40-ASA1,511,7
146.27
(7g) (c) 5. b. If the department's claim is not allowable because of subd.
24., the estate includes an interest in
real property, including a home
, and the personal
3representative closes the estate by sworn statement under s. 865.16, the personal
4representative shall stipulate in the statement that the
home real property is
5assigned subject to a lien in favor of the department for the amount described in subd.
61. The personal representative shall record the statement in the same manner as
7described in s. 863.29, as if the statement were a final judgment.
AB40-ASA1,829
8Section
829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:
AB40-ASA1,511,109
46.27
(7g) (c) 6. (intro.) The department may not enforce
the a lien under subd.
105. as long as any of the following survive the decedent:
AB40-ASA1,830
11Section
830. 46.27 (7g) (c) 6m. of the statutes is created to read:
AB40-ASA1,511,1312
46.27
(7g) (c) 6m. All of the following apply to a lien under subd. 5. that the
13department may not enforce because of subd. 6.:
AB40-ASA1,511,1614
a. If the decedent's surviving spouse or child who is under age 21 or disabled
15refinances a mortgage on the real property, the lien is subordinate to the new
16encumbrance.
AB40-ASA1,511,1817
b. The department shall release the lien in the circumstances described in s.
1849.848 (5) (f).
AB40-ASA1,831
19Section
831. 46.27 (7g) (g) of the statutes is amended to read:
AB40-ASA1,511,2520
46.27
(7g) (g) The department shall promulgate rules establishing standards
21for determining whether the application of this subsection would work an undue
22hardship in individual cases. If the department determines that the application of
23this subsection would work an undue hardship in a particular case, the department
24shall waive application of this subsection in that case.
This paragraph does not apply
25with respect to claims against the estates of nonclient surviving spouses.
AB40-ASA1,831f
1Section 831f. 46.281 (1n) (g) and (h) of the statutes are created to read:
AB40-ASA1,512,42
46.281
(1n) (g) Notify, within 48 hours of the admission of an enrollee, a county
3that has financial responsibility for an enrollee who has been admitted to a mental
4health institute, as defined in s. 51.01 (12).
AB40-ASA1,512,75
(h) Establish criteria to determine, and determine, whether an enrollee is at
6substantial risk for being admitted to a mental health institute, as defined in s. 51.01
7(12).
AB40-ASA1,831p
8Section 831p. 46.284 (8) of the statutes is created to read:
AB40-ASA1,512,109
46.284
(8) Admissions to mental health institutes. (a) In this subsection,
10"mental health institute" has the meaning given in s. 51.01 (12).
AB40-ASA1,512,1311
(b) Every care management organization shall maintain for each enrollee a
12record of individuals who can be contacted in case of an emergency involving that
13enrollee.
AB40-ASA1,512,2014
(c) Subject to par. (d), every care management organization and each county in
15which the care management organization operates shall create an emergency plan
16for every enrollee who the department determines is at substantial risk of being
17admitted to a mental health institute. The care management organization and
18county shall include in the emergency plan an emergency contact in case the enrollee
19is admitted and a potential placement for when the enrollee is discharged from the
20mental health institute.
AB40-ASA1,512,2521
(d) If an enrollee is admitted to a mental health institute, the financially
22responsible county; the county that approved the admission to the mental health
23institute, if different; and the care management organization in which the enrollee
24was enrolled shall create a team that includes all of the following to coordinate a new
25placement for the enrollee:
AB40-ASA1,513,1
11. The enrollee's guardian or emergency contact.
AB40-ASA1,513,22
2. A social worker from each county involved.
AB40-ASA1,513,33
3. A social worker from the care management organization.
AB40-ASA1,513,44
4. A psychiatrist or psychologist.
AB40-ASA1,513,55
5. An individual representing a law enforcement agency.
AB40-ASA1,833
6Section
833. 46.286 (7) of the statutes is amended to read:
AB40-ASA1,513,117
46.286
(7) Recovery of family care benefit payments; rules. The department
8shall
promulgate rules relating apply to the recovery from persons who receive the
9family care benefit, including by liens
and affidavits and from estates, of correctly
10and incorrectly paid family care benefits,
that are substantially similar to the 11applicable provisions under ss. 49.496
and 49.497, 49.848, and 49.849.
AB40-ASA1,834
12Section
834. 46.287 (2) (a) 1. k. of the statutes is amended to read:
AB40-ASA1,513,1413
46.287
(2) (a) 1. k. Recovery of family care benefit payments
under s. 46.286
14(7).
AB40-ASA1,834h
15Section 834h. 46.2899 of the statutes is created to read:
AB40-ASA1,513,20
1646.2899 Services for the intellectually disabled who receive
17post-secondary education. (1) Definition. In this section, "self-directed services
18option" means a program known as Include, Respect, I Self-direct or IRIS operated
19by the department under a waiver from the secretary of the federal department of
20health and human services under
42 USC 1396n (c).