SB45: Bill Text

SB45,1320,4 867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the department of health and family services as soon as practicable after filing the petition with the court.

SB45, s. 3106 Section 3106. 867.02 (2) (a) 6. of the statutes is amended to read:

SB45,1320,9 867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

SB45, s. 3107 Section 3107. 867.03 (1g) (c) of the statutes is amended to read:

SB45,1320,14 867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

SB45, s. 3108 Section 3108. 867.03 (1m) (a) of the statutes is amended to read:

SB45,1321,2 867.03 (1m) (a) Whenever an heir or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health and family services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.

SB45, s. 3109 Section 3109. 867.03 (1m) (b) of the statutes is amended to read:

SB45,1321,12 867.03 (1m) (b) An heir or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1g) that states that the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir or person who was guardian of the decedent at the time of the decedent's death files the affidavit.

SB45, s. 3110 Section 3110. 867.035 (1) (a) (intro.) of the statutes is amended to read:

SB45,1321,23 867.035 (1) (a) (intro.) Except as provided in par. (bm), the department of health and family services may collect from the property of a decedent, including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1., the family care benefit that is recoverable under rules promulgated under s. 46.286 (7) or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

SB45, s. 3111 Section 3111. 867.035 (4) of the statutes is amended to read:

SB45,1322,8 867.035 (4) From the appropriation under s. 20.435 (5) (4) (im), with respect to funds collected by the department under sub. (1) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health and family services shall pay claims under sub. (3), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits under subch. IV of ch. 49.

SB45, s. 3112 Section 3112. 880.60 (4) of the statutes is amended to read:

SB45,1322,23 880.60 (4) Limitation on number of wards. No person or corporate entity other than a county having a population of 100,000 or more, or a bank or trust company or the commandant of the Wisconsin veterans home at King shall be guardian of more than 5 wards at one time, unless all the wards are members of one family. Such A county shall act only for patients in its county hospital or mental hospital and for residents of its county home or infirmary, and shall serve without fee. The commandant shall act only for members of the Wisconsin veterans home and shall serve without fee. Upon presentation of a petition by an attorney of the U.S. department of veterans affairs or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than 5 wards as herein provided and requesting the guardian's discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such the guardian and shall discharge the guardian from guardianship in excess of 5 and forthwith appoint a successor.

SB45, s. 3113 Section 3113. 893.83 of the statutes is created to read:

SB45,1323,2 893.83 Claims against state and local governments resulting from computational date errors. (1) In this section:

SB45,1323,4 (a) "Action" means any civil action or proceeding including any action for declaratory or injunctive relief.

SB45,1323,5 (b) "Computational date error" means:

SB45,1323,7 1. The failure of a computer system to handle correctly and consistently all dates before, during and after the year 2000; or

SB45,1323,10 2. The inability of a computer system to correctly interpret, produce, calculate, generate, utilize, manipulate, represent or account for all dates before, during and after the year 2000.

SB45,1323,14 (c) "Computer system" means any electronic or collection of devices, including support devices, networks, and embedded chips, that contains computer programs or electronic instructions and that performs functions including logic, arithmetic, data processing, data storage and retrieval, communication or control.

SB45,1323,19 (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or a combination of an instrumentality of the state and any of the foregoing.

SB45,1323,22 (e) "State governmental unit" means this state, and every subunit or instrumentality of this state, including any institution or authority, regardless of whether moneys are appropriated to the unit.

SB45,1324,6 (2) No person may bring an action against a state authority or local governmental unit or an officer, employe or agent of a state or local governmental unit acting within the scope of his or her employment or agency for the alleged failure of the authority, unit, officer, employe or agent to plan for, test for, detect, disclose, prevent, report on, reprogram, remediate or otherwise effect control over a computational date error or to have in place alternative provisions to deal with the effects of a computational date error or for any other act or omission related to a computational date error for which there would otherwise be liability if the authority, unit, officer, employe or agent made a good faith effort to address the alleged failure.

SB45,1324,9 (3) Any provision of a contract entered into, extended, modified or renewed by a state or local governmental unit or by a state authority on or after the effective date of this subsection .... [revisor inserts date], contrary to sub. (2) is void.

SB45, s. 3114 Section 3114. 895.82 of the statutes is created to read:

SB45,1324,12 895.82 Interpretation of contracts and other legal instruments: European currency. (1) In this section:

SB45,1324,15 (a) "Euro" means the currency of participating member states of the European Union who have adopted a single currency in accordance with the provisions of the 1992 Treaty on European Union.

SB45,1324,17 (b) "European currency unit" means the currency basket that is the monetary unit of account of the European Economic Community.

SB45,1324,23 (2) Unless otherwise required in a contract or other legal instrument, if a subject or medium of payment of a contract or other legal instrument is a currency that has been replaced by the euro, the euro shall be a commercially reasonable substitute for that currency. The valuation of the currency in euros shall be determined in accordance with any applicable regulations adopted by the council of the European Union.

SB45,1325,4 (3) Unless otherwise required in a contract or other legal instrument, if a subject or medium of payment of a contract or other legal instrument is the European currency unit, the euro shall be a commercially reasonable substitute for the European currency unit. The valuation of the European currency unit in euros shall be determined in accordance with any applicable regulations adopted by the council of the European Union.

SB45,1325,7 (4) No person may discharge or otherwise excuse performance under any contract or other legal instrument, nor unilaterally alter the terms of, or terminate, any contract or other legal instrument, as a result of sub. (2) or (3).

SB45,1325,10 (5) This section shall apply only to a contract or other legal instrument entered into or executed in this state or that contains provisions requiring the contract or other legal instrument to be interpreted according to the law of this state.

SB45, s. 3115 Section 3115. 938.02 (6) of the statutes is amended to read:

SB45,1325,17 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles unless all of the juveniles are siblings or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB45, s. 3116 Section 3116. 938.02 (14m) of the statutes is amended to read:

SB45,1325,21 938.02 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. 115.361 to intervene in the abuse of alcohol and other drugs by pupils.

SB45, s. 3117 Section 3117. 938.02 (15g) of the statutes is amended to read:

SB45,1325,25 938.02 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

SB45, s. 3118 Section 3118. 938.02 (15m) of the statutes is amended to read:

SB45,1326,8 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).

SB45, s. 3119 Section 3119. 938.02 (15p) of the statutes is created to read:

SB45,1326,13 938.02 (15p) "Secured group home" means a group home operated by a county department that is licensed under s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4h) or (4m).

SB45, s. 3120 Section 3120. 938.02 (17) of the statutes is amended to read:

SB45,1326,17 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1) (a).

SB45, s. 3121 Section 3121. 938.06 (1) (a) 2. of the statutes is amended to read:

SB45,1326,25 938.06 (1) (a) 2. The Subject to subd. 2m., the chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

SB45, s. 3122 Section 3122. 938.06 (1) (a) 2m. of the statutes is created to read:

SB45,1327,14 938.06 (1) (a) 2m. In formulating judicial policy under subd. 2. governing intake and court services, the chief judge may not direct the department of health and family services to provide those services in any case in which the referral information indicates that a juvenile should be referred to the court as delinquent, in need of protection or services under this chapter or in violation of a civil law or ordinance, unless that information indicates that the juvenile should also be referred to the court as in need of protection or services under ch. 48. The chief judge shall direct the department of health and family services and the county department to coordinate the provision of services in cases in which the intake worker determines under s. 48.24 (1) that prima facie jurisdiction exists under this chapter instead of or in addition to ch. 48 and in cases in which the intake worker determines under s. 938.24 (1) that prima facie jurisdiction exists under ch. 48 instead of or in addition to this chapter.

SB45, s. 3123 Section 3123. 938.069 (1) (dj) of the statutes is amended to read:

SB45,1327,18 938.069 (1) (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or, a secured child caring institution or a secured group home.

SB45, s. 3124 Section 3124. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB45,1328,2 938.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department personnel designated by the department and, personnel of an agency contracted with under s. 301.08 (1) (b) 3. designated by agreement between the agency and the department and personnel of a county contracted with under s. 301.08 (1) (b) 4. designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB45, s. 3125 Section 3125. 938.08 (3) (a) 1. of the statutes is amended to read:

SB45,1328,6 938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or, a child caring institution or a secured group home.

SB45, s. 3126 Section 3126. 938.08 (3) (a) 2. of the statutes is amended to read:

SB45,1328,10 938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional facility or, a child caring institution or a secured group home after any authorized absence.

SB45, s. 3127 Section 3127. 938.08 (3) (b) of the statutes is amended to read:

SB45,1328,15 938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured correctional facility or , child caring institution or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.

SB45, s. 3128 Section 3128. 938.17 (1) (c) of the statutes is amended to read:

SB45,1328,22 938.17 (1) (c) If the court of civil or criminal jurisdiction orders the juvenile to serve a period of incarceration of 6 months or more, that court shall petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to order one or more of the dispositions provided in s. 938.34, including placement of the juvenile in a secured correctional facility or a secured group home under s. 938.34 (4m), if appropriate.

SB45, s. 3129 Section 3129. 938.17 (2) (d) of the statutes is amended to read:

SB45,1329,13 938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, subject to the fee under s. 85.135, if applicable may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.

SB45, s. 3130 Section 3130. 938.183 (1) (a) of the statutes is amended to read:

SB45,1329,19 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a secured correctional facility, a secure detention facility or, a secured child caring institution or a secured group home or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.20 (2m).

SB45, s. 3131 Section 3131. 938.208 (2) of the statutes is amended to read:

SB45,1329,24 938.208 (2) Probable cause exists to believe that the juvenile is a fugitive from another state or has run away from a secured correctional facility , a secured child caring institution or a secured group home and there has been no reasonable opportunity to return the juvenile.

SB45, s. 3132 Section 3132. 938.22 (title) of the statutes is amended to read:

SB45,1330,2 938.22 (title) Establishment of secure detention facilities and shelter care county or private juvenile facilities.

SB45, s. 3133 Section 3133. 938.22 (1) (a) of the statutes is amended to read:

SB45,1330,15 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of any county may establish a secured group home or a secure detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility in accordance with ss. 46.20, 301.36 and 301.37. The county board of supervisors of any county may establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16 and 46.17 or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.17 and 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

SB45, s. 3134 Section 3134. 938.22 (1) (b) of the statutes is amended to read:

SB45,1330,23 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of a public secured group home, secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secured group home, secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

SB45, s. 3135 Section 3135. 938.22 (1) (c) of the statutes is amended to read:

SB45,1331,5 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of a public secured group home, secure detention facility and the detention section of the children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

SB45, s. 3136 Section 3136. 938.22 (2) (a) of the statutes is amended to read:

SB45,1331,18 938.22 (2) (a) Counties shall submit plans for the secured group home, secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secured group homes, secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these placed in those facilities.

SB45, s. 3137 Section 3137. 938.22 (3) (a) of the statutes is amended to read:

SB45,1332,3 938.22 (3) (a) In counties having a population of less than 500,000, public secured group homes, secure detention facilities and public shelter care facilities shall be in the charge of a superintendent. The county board of supervisors or, where 2 or more counties operate joint public secured group homes, secure detention facilities or public shelter care facilities, the county boards of supervisors for the 2 or more counties jointly shall appoint the superintendent and other necessary personnel for the care and education of the juveniles in secure detention or shelter care placed in those facilities, subject to par. (am) and to civil service regulations in counties having civil service.

SB45, s. 3138 Section 3138. 938.22 (3) (b) of the statutes is amended to read:

SB45,1332,10 938.22 (3) (b) In counties having a population of 500,000 or more, the director of the children's court center shall be in charge of and responsible for public secured group homes, secure detention facilities, the secure detention section of the center and the personnel assigned to this section, including a detention supervisor or superintendent. The director of the children's court center may also serve as superintendent of detention if the county board of supervisors so determines.

SB45, s. 3139 Section 3139. 938.22 (7) (a) of the statutes is amended to read:

SB45,1332,18 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67, meet the requirements specified in s. 48.685 and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

SB45, s. 3140 Section 3140. 938.22 (7) (b) of the statutes is amended to read:

SB45,1333,2 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee under this paragraph by the continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

SB45, s. 3141 Section 3141. 938.22 (7) (c) of the statutes is amended to read:

SB45,1333,8 938.22 (7) (c) A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) and that fails to pay the fee under par. (b) by the continuation date of the license or a new shelter care facility that fails to pay the fee under par. (b) by 30 days before the opening of the shelter care facility shall pay an additional fee of $5 per day for every day after the deadline that the facility fails to pay the fee.

SB45, s. 3142 Section 3142. 938.23 (1) (a) of the statutes is amended to read: