AB100: Bill Text

AB100,656,24 45.396 (5) The reimbursement may not exceed 50% of the cost of tuition, and fees and textbooks and shall also be limited to a maximum of $300 per course and $1,100 per fiscal year 50% 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.

AB100, s. 1383 Section 1383. 45.396 (8) of the statutes is created to read:

AB100,657,4 45.396 (8) Nothwithstanding sub. (2), the department may not make a grant under this section unless the department determines that a course for which an application is made is related to the applicant's occupational, professional or employment objectives.

AB100, s. 1384 Section 1384. 45.42 (1) of the statutes is amended to read:

AB100,657,19 45.42 (1) The department may compile a record of the burial places within the state of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34, or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal meet the definition of a "veteran" under s. 45.35 (5) (a). The record, so far as practicable, may indicate the name of each person; the service in which engaged; the appropriate designation of armed forces unit; the rank and period of service; the name and location of the cemetery or other place in which the body is interred; the location of the grave in the cemetery or other place; and the character of headstone or other marker, if any, at the grave.

AB100, s. 1385 Section 1385. 45.42 (2) of the statutes is amended to read:

AB100,658,8 45.42 (2) The department may have blank forms prepared whereby the information required for the record may be transmitted to it and may distribute the forms to county veterans' service officers. The county veterans' service officer within whose county and cemetery or burial place is located in which are interred the bodies of persons who served in the U.S. armed forces in time of war as defined in s. 45.35 (5) (e) or in Bosnia, Grenada, Lebanon, Panama, Somalia or a Middle East crisis under s. 45.34 or under section 1 of executive order 10957, dated August 10, 1961, or whose service entitled them to receive the armed forces expeditionary medal, established by executive order 10977 on December 4, 1961, the Vietnam service medal established by executive order 11231 on July 8, 1965, the navy expeditionary medal or the marine corps expeditionary medal meet the definition of a "veteran" under s. 45.35 (5) (a) shall submit the facts required for such record to the department on the forms provided by it, if so requested by the department.

AB100, s. 1386 Section 1386. 45.43 (7) (b) of the statutes is amended to read:

AB100,659,2 45.43 (7) (b) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.52 (8). An eligible county initially applying for a grant after August 9, 1989, shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000 The grant shall consist of a basic award and a production incentive award. The basic award shall be $8,500 for a county with a population of under 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999 and $13,000 for a county with a population of 75,000 or more. The department of veterans affairs shall promulgate by rule criteria for determining the amount of the production incentive award.

AB100, s. 1387 Section 1387. 45.52 of the statutes is amended to read:

AB100,659,11 45.52 Physical disability does not disqualify for public employment. A veteran, as defined under s. 45.37 (1a) 45.35 (5) (a), who has suffered a physical disability as a direct result of military or naval service shall not on that account be barred from employment in any public position or employment whether under state, county or municipal civil service or otherwise, if the licensed physician making a physical examination of the veteran for the public employer certifies that the applicant's disability will not materially handicap the veteran in the performance of the duties of the position.

AB100, s. 1388 Section 1388. 45.71 (9) (b) of the statutes is amended to read:

AB100,659,14 45.71 (9) (b) Unless temporary in nature and except as provided under s. 45.79 (2m) or 45.85, pensions and disability compensation shall be considered income.

AB100, s. 1389 Section 1389. 45.71 (16) (a) 1m. e. of the statutes is created to read:

AB100,659,21 45.71 (16) (a) 1m. e. Has served on active duty in the U.S. armed forces for 2 continuous years or more or the full period of the individual's initial service obligation, whichever is less. An individual discharged for reasons of hardship or a service-connected disability or released due to a reduction in the U.S. armed forces prior to the completion of the required period of service is eligible, regardless of the actual time served.

AB100, s. 1390 Section 1390. 45.74 (1) of the statutes is repealed.

AB100, s. 1391 Section 1391. 45.74 (7) of the statutes is created to read:

AB100,660,4 45.74 (7) Price-of-home limitation. The price of the home exceeds 2.5 times the median price of a home in this state if the person is applying for a loan for the purchase of a home. The department shall promulgate a rule establishing the median price of a home in this state for each fiscal year that is determined by using the most recent housing price index generated by the Wisconsin Realtors Association before July 1.

AB100, s. 1392 Section 1392. 45.745 (1) of the statutes is repealed.

AB100, s. 1393 Section 1393. 45.76 (1) (c) 1. of the statutes is renumbered 45.76 (1) (c).

AB100, s. 1394 Section 1394. 45.76 (1) (c) 2. of the statutes is repealed.

AB100, s. 1395 Section 1395. 45.79 (2m) of the statutes is repealed.

AB100, s. 1396 Section 1396. 45.79 (3) (a) (title) of the statutes is amended to read:

AB100,660,10 45.79 (3) (a) (title) First or 2nd mortgage or guarantor required.

AB100, s. 1397 Section 1397. 45.79 (3) (a) 1. of the statutes is amended to read:

AB100,661,6 45.79 (3) (a) 1. Each loan made under this section , except a loan of $3,000 or less for a purpose specified under s. 45.76 (1) (c), shall be evidenced by a promissory instalment note and secured by a mortgage on the real estate in respect to which the loan is granted. A loan of $3,000 or less made for a purpose specified under s. 45.76 (1) (c) shall be evidenced by a promissory instalment note and shall be secured by a guarantor or by a mortgage on the real estate in respect to which the loan is granted. Any loan having as its source funds provided through sub. (6) (a) and secured by a mortgage shall have the mortgage name the department as mortgagee and payee. Any loan having as its source funds provided through sub. (6) (b) and secured by a mortgage shall have the mortgage name the authorized lender involved as mortgagee and payee, and such mortgage and note shall be assigned by the authorized lender to the authority immediately upon execution. A mortgage securing a loan made for a purpose specified in s. 45.76 (1) (a), (b) or (d) must have priority over all liens against the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of the mortgage. A mortgage securing a loan made for a purpose specified under s. 45.76 (1) (c) may be junior and subject to not more than one prior mortgage, and, except for that prior mortgage, must have priority over all liens against the mortgaged premises and the buildings and improvements on those premises, except tax and special assessment liens filed after the recording of the mortgage.

AB100, s. 1398 Section 1398. 45.79 (6) (a) 2. of the statutes is amended to read:

AB100,661,11 45.79 (6) (a) 2. The chairperson of the board shall certify that the chairperson does not expect proceeds of state debt issued under this paragraph to be used in a manner that would cause the debt to be arbitrage bonds as defined by the internal revenue code, where that debt is a bond that is exempt from federal taxation.

AB100, s. 1399 Section 1399. 45.79 (6) (c) 2. of the statutes is amended to read:

AB100,661,17 45.79 (6) (c) 2. The chairperson of the board shall certify that the board and the department do not expect and shall not use proceeds of revenue obligations issued under this paragraph in a manner that would cause the revenue obligations to be arbitrage bonds as defined in the U.S. internal revenue code, where that debt is a bond that is exempt from federal taxation.

AB100, s. 1400 Section 1400. 45.79 (7) (a) (intro.) of the statutes is amended to read:

AB100,662,6 45.79 (7) (a) (intro.) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations and interest earnings accruing thereon, any repayment of moneys borrowed under s. 45.356 (9) (a) and any moneys deposited or transferred under s. 18.04 (6) (b) or (d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under sub. (6) (a) or to fund, refund or acquire public debt as provided in s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:

AB100, s. 1401 Section 1401. 45.79 (7) (a) 9. of the statutes is created to read:

AB100,662,9 45.79 (7) (a) 9. To loan money to the veterans trust fund, upon prior approval of the building commission for each loan, for the purposes under s. 45.356.

AB100, s. 1402 Section 1402. 45.79 (7) (c) (intro.) of the statutes is renumbered 45.79 (7) (c) and amended to read:

AB100,662,15 45.79 (7) (c) After meeting all expenses and providing for reserves under par. (a) 3., balances assets in the veterans mortgage loan repayment fund, upon prior approval of the building commission, may be used for the following purposes: transferred to the veterans trust fund and used to fund loans under s. 45.356.

AB100, s. 1403 Section 1403. 45.79 (7) (c) 1. to 4. of the statutes are repealed.

AB100, s. 1404 Section 1404. 46.023 (1) (title) of the statutes is repealed.

AB100, s. 1405 Section 1405. 46.023 (1) of the statutes is renumbered 46.023, and 46.023 (intro.), as renumbered, is amended to read:

AB100,662,22 46.023 (title) Milwaukee child welfare partnership council and advisory committees. (intro.) The Milwaukee child welfare partnership council shall do all of the following:

AB100, s. 1406 Section 1406. 46.023 (2) of the statutes is repealed.

AB100, s. 1407 Section 1407. 46.03 (7) (bm) of the statutes is amended to read:

AB100,663,12 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity shall be released to the department of industry, labor and job development or its designee a county child support agency under s. 59.07 (97) 59.53 (5) without a court order upon the request of the department of industry, labor and job development or its designee a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or by any other person with a direct and tangible interest in the record.

AB100, s. 1408 Section 1408. 46.03 (7) (e) of the statutes is created to read:

AB100,663,17 46.03 (7) (e) Administer child welfare services as described in s. 48.48 (17) in a county having a population of 500,000 or more. The requirement of statewide uniformity with respect to the organization and governance of human services does not apply to the administration of child welfare services under this paragraph.

AB100, s. 1409 Section 1409. 46.03 (21) of the statutes is repealed.

AB100, s. 1410 Section 1410. 46.03 (38) of the statutes is repealed.

AB100, s. 1411 Section 1411. 46.034 (3) of the statutes is amended to read:

AB100,664,18 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) (nL) and (7) (b), (kw) 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, s. 1412 Section 1412. 46.036 (4) (c) of the statutes is renumbered 46.036 (4) (c) (intro.) and amended to read:

AB100,665,3 46.036 (4) (c) (intro.) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000 $50,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined under par. (a), from which it purchases services. If any of the following applies, the department may require an audit report from a provider for which care and services purchased do not exceed $50,000:

AB100, s. 1413 Section 1413. 46.036 (4) (c) 1. to 3. of the statutes are created to read:

AB100,665,7 46.036 (4) (c) 1. The department has not previously contracted with the provider and an audit report would indicate whether the provider is meeting standards for sound financial management practices.

AB100,665,10 2. The department has evidence that the provider has previously experienced significant difficulties in meeting financial management practice or program requirements.

AB100,665,11 3. The receipt of federal funds is contingent upon provision of an audit report.

AB100, s. 1414 Section 1414. 46.036 (5m) (e) of the statutes is amended to read:

AB100,665,24 46.036 (5m) (e) Notwithstanding this subsection, the department or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.

AB100, s. 1415 Section 1415. 46.037 (1m) of the statutes is amended to read:

AB100,666,11 46.037 (1m) Notwithstanding sub. (1), the department, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or, a group of those county departments, or the department and one or more of those county departments, and a residential child care center or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential child care center or group home, if the department, that county department or, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential child care center or group home during the period for which that rate is effective. A residential child care center or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.

AB100, s. 1416 Section 1416. 46.057 (1) of the statutes is amended to read:

AB100,667,5 46.057 (1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03 and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 938.02 (15m). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health and family services, the department of corrections may transfer to the center any juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under s. 938.183 (2), 938.34 (4h) or (4m) or 938.357 (4) or (5) (e) in the same manner that the department of corrections transfers juveniles between other secured correctional facilities.

AB100, s. 1417 Section 1417. 46.057 (2) of the statutes is amended to read:

AB100,667,14 46.057 (2) From the appropriation account under s. 20.410 (3) (hm), the department of corrections may expend not more than $2,500,000 in fiscal year 1996-97 shall transfer to the appropriation account under s. 20.435 (2) (kx) $3,125,100 in fiscal year 1997-98 and $3,236,200 in fiscal year 1998-99 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 for juveniles under the supervision of the department of corrections who are provided services at the center.

AB100, s. 1418 Section 1418. 46.07 of the statutes is amended to read:

AB100,668,7 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same 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 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 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, s. 1419 Section 1419. 46.10 (1) of the statutes is amended to read:

AB100,668,13 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) or ch. 767.

AB100, s. 1420 Section 1420. 46.10 (2) of the statutes is amended to read:

AB100,669,17 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB100, s. 1421 Section 1421. 46.10 (14) (b) of the statutes is amended to read:

AB100,670,2 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, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, or child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of industry, labor and job development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under s. 46.247.

AB100, s. 1422 Section 1422. 46.10 (14) (e) 1. of the statutes is amended to read:

AB100,670,11 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m), or 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB100, s. 1423 Section 1423. 46.10 (14) (e) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,670,21 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB100, s. 1424 Section 1424. 46.17 (1) of the statutes is amended to read:

AB100,671,2 46.17 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of county homes, county infirmaries, county hospitals, county mental health facilities, county child caring institutions and county shelter care facilities, with respect to their adequacy and fitness for the needs which they are to serve.

AB100, s. 1425 Section 1425. 46.20 (1) of the statutes is amended to read:

AB100,671,12 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 county child caring 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.

AB100, s. 1426 Section 1426. 46.21 (1) (d) of the statutes is amended to read:

AB100,671,20 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, community supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services.

AB100, s. 1427 Section 1427. 46.21 (1) (d) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read: