AB650: Bill Text

Information for administration of child and spousal support and economic support programs

Under current law, the department of workforce development may request from any person any information that it determines is appropriate and necessary for the administration of child and spousal support programs and certain economic support programs, such as aid to families with dependent children and medical assistance. The person is required to provide the information within 7 days of receiving the request. The bill adds the Wisconsin works program to the list of economic support programs covered by the provision.

Delegation of investment authority by local governments

Under current law, any county, city, village, town, school district, drainage district, technical college district and certain other local governing boards (local governmental units) may delegate the investment authority over any of their funds, not immediately needed, to banks and certain trust companies. Such funds must be invested in certain time deposits of a bank, trust company, credit union or savings and loan association, or in fixed income U.S. government or federal, state or local government agency securities.

Under this bill, local governmental units may invest supplemental early retirement pension funds that are not immediately needed in a variety of financial instruments, consistent with the current statutory "prudent person" standard of responsibility. These investments may be made with an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940.

Other

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB650, s. 1 Section 1. 20.285 (1) (rc) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,11,5 20.285 (1) (rc) Environmental education; forestry. From the conservation fund, the amounts in the schedule for environmental education grants related to forestry under s. 36.54 (2) and to administer such grants.

AB650, s. 2 Section 2. 20.927 (2) (a) of the statutes is amended to read:

AB650,12,9 20.927 (2) (a) This section does not apply to the performance by a physician of an abortion which is directly and medically necessary to save the life of the woman or in a case of sexual assault or incest, provided that prior thereto the physician signs a certification which so states, and provided that, in the case of sexual assault or incest the crime has been reported to the law enforcement authorities. The certification shall be affixed to the claim form or invoice when submitted to any agency or fiscal intermediary of the state for payment, or when submitted by an individual health care provider to a health care coverage provider for payment or for submittal to any agency or fiscal intermediary of the state for payment, and shall specify and attest to the direct medical necessity of such abortion upon the best clinical judgment of the physician or attest to his or her belief that sexual assault or incest has occurred.

AB650, s. 3 Section 3. 20.927 (2) (b) of the statutes is amended to read:

AB650,12,20 20.927 (2) (b) This section does not apply to the performance by a physician of an abortion if, due to a medical condition existing prior to the abortion, the physician determines that the abortion is directly and medically necessary to prevent grave, long-lasting physical health damage to the woman, provided that prior thereto the physician signs a certification which so states. The certification shall be affixed to the claim form or invoice when submitted to any agency or fiscal intermediary of the state for payment, or when submitted by an individual health care provider to a health care coverage provider for payment or for submittal to any agency or fiscal intermediary of the state for payment, and shall specify and attest to the direct medical necessity of such abortion upon the best clinical judgment of the physician.

AB650, s. 4 Section 4. 20.927 (2m) and (2r) of the statutes are created to read:

AB650,13,3 20.927 (2m) Quarterly, following any annual quarter in which health care services have been provided under coverage that is affected by sub. (1), the health care coverage provider shall submit a written report to the agency which contracted for the services of the provider. The report shall specify the number of abortions, if any, provided in the previous quarter by the provider to individuals who have coverage for abortions, as permitted under sub. (2) (a) or (b), the reason for each abortion, and the total cost of each abortion.

AB650,13,7 (2r) A copy of each report submitted under sub. (2m) shall be forwarded to the department of health and family services, which shall review the data for compliance with this section and annually publish a summary of the information obtained under this subsection.

AB650, s. 5 Section 5. 20.9275 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,13,12 20.9275 (2) (a) (intro.) The pregnancy program, project or service using the state, local or federal funds does any of the following using the state, local or federal funds:

AB650, s. 6 Section 6. 29.50 (1) (e) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,13,15 29.50 (1) (e) The transportation and sale of farm-raised fish.

AB650, s. 7 Section 7. 36.54 (2) (f) of the statutes is created to read:

AB650,13,19 36.54 (2) (f) The environmental education board may use up to 5% of the amount appropriated under s. 20.285 (1) (rc) to administer the grants under this subsection that are related to forestry.

AB650, s. 8 Section 8. 48.685 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,13,23 48.685 (1) (a) "Client" means a child who receives direct care or treatment services from an entity.

AB650, s. 9 Section 9. 48.685 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,14,4 48.685 (2) (am) (intro.) Subject to subd. 5. and par. (bd), the department, a county department or a school board shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a resident or prospective resident of an entity:

AB650, s. 10 Section 10. 48.685 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,14,10 48.685 (2) (b) 1. (intro.) Subject to subds. 1. e. , and 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe, prospective employe, contractor or prospective contractor of the entity:

AB650, s. 11 Section 11. 48.685 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 48.685 (2) (bd) and amended to read:

AB650,14,19 48.685 (2) (bd) Subdivision 1. does Paragraphs (am) and (b) 1. do not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB650, s. 12 Section 12. 48.685 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,15,8 48.685 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c. and e.

AB650, s. 13 Section 13. 48.685 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,15,17 48.685 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (am) or (b) 1. An entity shall provide supervision for a person who is employed, contracted with or permitted to reside as permitted under this paragraph.

AB650, s. 14 Section 14. 48.685 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,15,25 48.685 (3) (a) Every 4 years or at any time within that period that the department, a county department or a school board considers appropriate, the department, county department or school board shall request the information specified in sub. (2) (am) 1. to 5. for all persons who are licensed, certified or contracted to operate an entity and for all persons specified in par. (ag) (intro.) who are residents of an entity.

AB650, s. 15 Section 15. 48.685 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,16,6 48.685 (3) (b) Every 4 years or at any time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to e. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

AB650, s. 16 Section 16. 48.685 (5) (f) of the statutes is created to read:

AB650,16,9 48.685 (5) (f) An offense that is included in the list established by the department by rule promulgated under sub. (7) (am).

AB650, s. 17 Section 17. 48.685 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,17,2 48.685 (6) (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, by the department, for persons specified in par. (am) 2. who are residents or prospective residents of an entity licensed by the department, and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for For persons specified under par. (a) who are certified by a county department, for persons specified in par. (am) 2. who are residents or prospective residents of an entity certified by a county department and for other persons specified by the department by rule, the entity shall send the background information form to the county department. For persons specified under par. (a) who are contracted with by a school board, for persons specified in par. (am) 2. who are residents or prospective residents of an entity contracted with by a school board and for other persons specified by the department by rule, the entity shall send the background information form to the school board. For persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB650, s. 18 Section 18. 48.685 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,17,16 48.685 (7) (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client, shall include those crimes or acts that are included in the list established under par. (am), shall include the offenses specified in sub. (5) (a) to (e) and shall include classes of crimes or acts involving misappropriation of the property of a client or abuse or neglect of a client for which no a person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB650, s. 19 Section 19. 48.685 (7) (am) of the statutes is created to read:

AB650,18,2 48.685 (7) (am) Establish by rule a list of crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), involving the abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The list may also include other crimes or acts, in addition to those offenses specified in sub. (5) (a) to (e), that do not involve the abuse or neglect of a client, but that are substantially related to the care of a client, for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB650, s. 20 Section 20. 49.141 (1) (p) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,18,9 49.141 (1) (p) "Wisconsin works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161, except that "Wisconsin works" does not include the Wisconsin works health plan under s. 49.153, unless a waiver under s. 49.153 (1m) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted.

AB650, s. 21 Section 21. 49.141 (7) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,18,15 49.141 (7) (c) Except as provided in par. (d), in addition to the penalties applicable under par. (a) or (b), a person shall be suspended from participating in Wisconsin works, except s. 49.153, for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:

AB650, s. 22 Section 22. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB650,19,2 49.22 (2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. Except as provided in sub. (2p) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this subsection only in the administration of this section, ss. 49.141 to 49.161, 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB650, s. 23 Section 23. 49.45 (18) (b) 6. of the statutes is amended to read:

AB650,19,6 49.45 (18) (b) 6. Transportation by common carrier or private motor vehicle, if authorized in advance by a county department under s. 46.215 or 46.22 , or by specialized medical vehicle.

AB650, s. 24 Section 24. 50.065 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,19,10 50.065 (1) (b) "Client" means a person who receives direct care or treatment services from an entity.

AB650, s. 25 Section 25. 50.065 (1) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,19,17 50.065 (1) (c) (intro.) "Entity" means a facility, organization or service that is regulated, licensed or certified by or registered with the department to provide direct care or treatment services to clients. "Entity" includes a personal care worker agency and a supportive home care service agency. "Entity" does not include any of the following:

AB650, s. 26 Section 26. 50.065 (1) (c) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,19,22 50.065 (1) (c) 3. A person certified as a medical assistance provider, as defined in s. 49.43 (10), who is not otherwise regulated, licensed or certified by or registered with the department.

AB650, s. 27 Section 27. 50.065 (1) (c) 6. of the statutes is created to read:

AB650,19,24 50.065 (1) (c) 6. A public health dispensary established under s. 252.10.

AB650, s. 28 Section 28. 50.065 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,20,6 50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license, certify or register a person to operate an entity or continue the license, certification or registration of a person to operate an entity if the department knows or should have known any of the following:

AB650, s. 29 Section 29. 50.065 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,20,12 50.065 (2) (am) (intro.) The Subject to par. (bd), the department shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a resident or prospective resident of an entity:

AB650, s. 30 Section 30. 50.065 (2) (am) 5. of the statutes is created to read:

AB650,20,24 50.065 (2) (am) 5. Information maintained by the department under this section regarding any denial to the person of a license, certification or registration or of a continuation of a license, certification or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification or registration, continuation of a license, certification or registration, a contract, employment or permission to reside as described in this subdivision, the department, a county department or a school board need not obtain the information specified in subds. 1. to 4.

AB650, s. 31 Section 31. 50.065 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,21,6 50.065 (2) (b) 1. (intro.) Subject to subds. subd. 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:

AB650, s. 32 Section 32. 50.065 (2) (b) 1. e. of the statutes is created to read:

AB650,21,17 50.065 (2) (b) 1. e. Information maintained by the department under this section regarding any denial to the person of a license, certification or registration or of a continuation of a license, certification or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, certification or registration, continuation of a license, certification or registration, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

AB650, s. 33 Section 33. 50.065 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 50.065 (2) (bd) and amended to read:

AB650,22,2 50.065 (2) (bd) Subdivision 1. does Paragraphs (am) and (b) 1. do not apply with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

AB650, s. 34 Section 34. 50.065 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,22,16 50.065 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c and e.

AB650, s. 35 Section 35. 50.065 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,22,25 50.065 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (am) or (b) 1. An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

AB650, s. 36 Section 36. 50.065 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,23,6 50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity and for all persons specified in par. (ag) (intro.) who are residents of an entity.

AB650, s. 37 Section 37. 50.065 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB650,23,12 50.065 (3) (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

AB650, s. 38 Section 38. 50.065 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read: