SB44: Bill Text

SB44, s. 1080 Section 1080. 44.73 (2) (e) of the statutes is renumbered 115.9995 (2) (e).

SB44, s. 1081 Section 1081. 44.73 (2) (f) of the statutes is renumbered 115.9995 (2) (f).

SB44, s. 1082 Section 1082. 44.73 (2g) of the statutes is renumbered 115.9995 (2g).

SB44, s. 1083 Section 1083. 44.73 (2r) of the statutes is renumbered 115.9995 (2r), and 115.9995 (2r) (c), as renumbered, is amended to read:

SB44,523,17 115.9995 (2r) (c) A public library board shall provide the technology for educational achievement in Wisconsin board department with written notice within 30 days after entering into or modifying a shared service agreement under par. (a).

SB44, s. 1084 Section 1084. 44.73 (3) of the statutes is renumbered 115.9995 (3) and amended to read:

SB44,523,23 115.9995 (3) The board department of public instruction shall submit an annual report to the department of administration on the status of providing data lines and video links that are requested under sub. (2) (a) and the impact on the universal service fund of any payment under contracts under s. 16.974.

SB44, s. 1085 Section 1085. 44.73 (4) of the statutes is renumbered 115.9995 (4).

SB44, s. 1086 Section 1086. 44.73 (5) of the statutes is repealed.

SB44, s. 1087 Section 1087. 44.73 (6) (a) of the statutes is renumbered 115.9995 (6) (a) and amended to read:

SB44,524,16 115.9995 (6) (a) From the appropriation under s. 20.275 (1) 20.255 (4) (s) or (tm), the board department may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the board department. The board department shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (1) or (3) less the amount that the school district or private school would be paying under sub. (2) (d) if the school district or private school were participating in the program established under sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this subsection is not eligible to participate in the program under sub. (1). No grant may be awarded under this subsection after December 31, 2005.

SB44, s. 1088 Section 1088. 44.73 (6) (b) of the statutes is renumbered 115.9995 (6) (b) and amended to read:

SB44,524,23 115.9995 (6) (b) Notwithstanding par. (a), the board department may award a school district that operates more than one high school and that had in effect on October 14, 1997, a contract for access to more than one data line or video link an annual grant for each data line or video link serving each high school covered by that contract.

SB44, s. 1089 Section 1089. 45.25 (2) (c) of the statutes is amended to read:

SB44,525,3 45.25 (2) (c) The individual applies for the tuition and fee reimbursement program for courses completed begun within 10 years after separation from the service.

SB44, s. 1090 Section 1090. 45.365 (7) of the statutes is created to read:

SB44,525,11 45.365 (7) The department may develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at the home or the southeastern facility. If the department does develop a stipend program under this subsection, the department shall promulgate administrative rules related to the program, including the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.

SB44, s. 1091 Section 1091. 45.37 (11) of the statutes is amended to read:

SB44,526,3 45.37 (11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home to the state treasurer secretary of administration to be paid into the appropriation under s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in sub. (15) (a).

SB44, s. 1092 Section 1092. 45.37 (15) (c) of the statutes is amended to read:

SB44,526,10 45.37 (15) (c) Expenses incident to the burial at the home of a member shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part thereof, shall be paid from the appropriation under s. 20.485 (1) (gk) and the amount expended therefor shall not exceed the amount established for funeral and burial expenses under s. 49.30 49.785 (1) (b).

SB44, s. 1093 Section 1093. 45.43 (7) (b) of the statutes is amended to read:

SB44,526,24 45.43 (7) (b) The department shall award a grant 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 administration, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.52 (8). The grant shall be $8,500 for a county with a population of less than 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 shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this paragraph.

SB44, s. 1094 Section 1094. 45.54 (10) (a) of the statutes is amended to read:

SB44,527,10 45.54 (10) (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board deems necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) (gm).

SB44, s. 1095 Section 1095. 45.54 (10) (c) 4. of the statutes is created to read:

SB44,527,12 45.54 (10) (c) 4. Specify a student protection fee.

SB44, s. 1096 Section 1096. 46.03 (7) (h) of the statutes is created to read:

SB44,527,16 46.03 (7) (h) Contract for the provision of a centralized unit for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a.

SB44, s. 1097 Section 1097. 46.03 (18) (d) of the statutes is amended to read:

SB44,527,22 46.03 (18) (d) The department may compromise or waive all or part of the liability for services received. The sworn statement of the any collection and deportation counsel appointed under s. 46.10 (7), the department's legal counsel, or the department secretary, shall be evidence of the services provided and the fees charged for such services.

SB44, s. 1098 Section 1098. 46.057 (2) of the statutes is amended to read:

SB44,528,8 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 in fiscal year 2001-02 2003-04 and $1,379,300 in fiscal year 2002-03 2004-05 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,489,300 in fiscal year 1999-2000 and $2,489,900 in fiscal year 2000-01 $1,940,200 in fiscal year 2003-04 and $2,001,700 in fiscal year 2004-05 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.

SB44, s. 1099 Section 1099. 46.10 (6) of the statutes is amended to read:

SB44,528,12 46.10 (6) The sworn statement of the any collection and deportation counsel appointed under sub. (7), of the department's legal counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the patient.

SB44, s. 1100 Section 1100. 46.10 (7) of the statutes is amended to read:

SB44,529,2 46.10 (7) The department of health and family services shall administer and enforce this section. It On behalf of the department of health and family services, the department of administration shall appoint an attorney to be designated "collection and deportation counsel" and." The department of health and family services may appoint other necessary assistants. The department of health and family services may delegate to the collection and deportation counsel such other powers and duties as it considers advisable. The collection and deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department of health and family services shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.

SB44, s. 1101 Section 1101. 46.215 (1) (n) of the statutes is amended to read:

SB44,529,14 46.215 (1) (n) To collect and transmit information to the department of administration so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26; to provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39 16.26; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27 (8).

SB44, s. 1102 Section 1102. 46.22 (1) (b) 4m. c. of the statutes is amended to read:

SB44,529,18 46.22 (1) (b) 4m. c. To receive applications from individuals seeking low-income energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26.

SB44, s. 1103 Section 1103. 46.22 (1) (b) 4m. d. of the statutes is amended to read:

SB44,529,23 46.22 (1) (b) 4m. d. To provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39 16.26.

SB44, s. 1104 Section 1104. 46.22 (1) (b) 4m. e. of the statutes is amended to read:

SB44,530,3 46.22 (1) (b) 4m. e. To receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27 (8).

SB44, s. 1105 Section 1105. 46.22 (1) (d) of the statutes is amended to read:

SB44,530,11 46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.33 49.78 (4) to (7). The county department of social services and all county officers and employees performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of workforce development under s. 49.33 49.78 (4) and shall keep records and furnish reports as the department of workforce development requires in relation to their performance of such duties.

SB44, s. 1106 Section 1106. 46.22 (2) (b) of the statutes is amended to read:

SB44,530,17 46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.

SB44, s. 1107 Section 1107. 46.22 (3m) (a) of the statutes is amended to read:

SB44,531,2 46.22 (3m) (a) In any county with a county executive or a county administrator which that has established a single-county department of social services, the county executive or county administrator, subject to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.

SB44, s. 1108 Section 1108. 46.27 (7) (am) of the statutes is amended to read:

SB44,531,12 46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 49.33 (2) or 49.45 or 49.78 (2). The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468, or 49.47 as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services and for a risk reserve under par. (fr).

SB44, s. 1109 Section 1109. 46.27 (7) (fm) of the statutes is amended to read:

SB44,532,2 46.27 (7) (fm) The department shall, at the request of a county, carry forward up to 10% 5% of the amount allocated under this subsection to the county for a calendar year if up to 10% 5% of the amount so allocated has not been spent or encumbered by the county by December 31 of that year, for use by the county in the following calendar year, except that the amount carried forward shall be reduced by the amount of funds that the county has notified the department that the county wishes to place in a risk reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph does not affect a county's base allocation under this subsection and shall lapse to the general fund unless expended within the calendar year to which the funds are carried forward. A county may not expend funds carried forward under this paragraph for administrative or staff costs, except administrative or staff costs that are associated with implementation of the waiver under sub. (11) and approved by the department.

SB44, s. 1110 Section 1110. 46.27 (7g) (h) of the statutes is amended to read:

SB44,532,5 46.27 (7g) (h) The department may contract with or employ retain an attorney to probate estates to recover under this subsection the costs of care.

SB44, s. 1111 Section 1111. 46.27 (9) (a) of the statutes is amended to read:

SB44,532,15 46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), (r), or (w) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

SB44, s. 1112 Section 1112. 46.27 (10) (a) 1. of the statutes is amended to read:

SB44,532,22 46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (4) (b), (gp), (r), or (w) because of increased utilization of nursing home services, as estimated by the department.

SB44, s. 1113 Section 1113. 46.275 (5) (a) of the statutes is amended to read:

SB44,533,5 46.275 (5) (a) Medical assistance Assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriations appropriation accounts under s. 20.435 (4) (b), (gp), (hm), (o), (r), and (w). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, medical assistance Medical Assistance reimbursement is also available for services provided jointly by these counties.

SB44, s. 1114 Section 1114. 46.275 (5) (c) of the statutes is amended to read:

SB44,533,13 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (hm), (o), (r), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

SB44, s. 1115 Section 1115. 46.275 (5) (e) of the statutes is created to read:

SB44,533,18 46.275 (5) (e) From the appropriation under s. 20.435 (2) (gL), the department may provide moneys to a county to pay for one-time costs associated with the relocation under this section of an individual from a state center for the developmentally disabled.

SB44, s. 1116 Section 1116. 46.277 (1m) (ak) of the statutes is created to read:

SB44,533,22 46.277 (1m) (ak) "Nursing home" means a nursing home, as defined in s. 50.01 (3), that is certified as a provider of medical assistance, other than an intermediate care facility for the mentally retarded, as defined in s. 46.278 (1m) (am).

SB44, s. 1117 Section 1117. 46.277 (2) (b) of the statutes is amended to read:

SB44,534,3 46.277 (2) (b) Fund Except as provided in subs. (3r) and (5) (bm), fund home or community-based services provided by any county that meet the requirements of this section.

SB44, s. 1118 Section 1118. 46.277 (3) (c) of the statutes is amended to read:

SB44,534,10 46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under sub. (5), except as provided in subs. (3r) and (5) (bm), a county department participating in the program shall annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities.

SB44, s. 1119 Section 1119. 46.277 (3r) of the statutes is created to read:

SB44,534,21 46.277 (3r) Relocation of nursing home residents. (a) In a county that is participating in the program, for each nursing home resident who has applied for participation and has been found eligible under sub. (4), but is not participating in the program and who indicates that he or she prefers to receive services in the community, rather than in the nursing home, the participating county department shall initiate a needs and costs-based assessment before the resident has resided in the nursing home for 90 continuous days or before the cost of the resident's nursing home care has been paid under Medical Assistance for 30 days, whichever is longer. The county department shall complete the needs and costs-based assessment within 90 days after initiating it.

SB44,534,23 (b) After completion of the needs and costs-based assessment, the county department shall contact the department regarding available funding.

SB44,535,5 (c) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, are equal to or less than the amount specified under sub. (5) (bm) 1., the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident, if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days.

SB44,535,13 (d) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, exceed the amount specified under sub. (5) (bm) 1., the department may ascertain whether additional funding, as specified under sub. (5) (bm) 2., is available. If additional funding is available and if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days, the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident.

SB44, s. 1120 Section 1120. 46.277 (5) (am) of the statutes is created to read:

SB44,535,17 46.277 (5) (am) From the appropriation under s. 20.435 (4) (w), the department may provide reimbursement to a county for administrative activities by the county to relocate a nursing home resident under sub. (3r).

SB44, s. 1121 Section 1121. 46.277 (5) (b) of the statutes is amended to read:

SB44,535,21 46.277 (5) (b) Total Except as provided in subs. (3r) and (5) (bm), funding to counties under the program may not exceed the amount approved in the waiver received under sub. (2).

SB44, s. 1122 Section 1122. 46.277 (5) (bm) of the statutes is created to read:

SB44,536,6 46.277 (5) (bm) 1. Funding to a county for an individual who is relocated from a nursing home under sub. (3r) shall be no more than the per-person, per-day payment rate at the individual's level-of-care requirement for the nursing home under s. 49.45 (6m), indexed annually by the percentage of any annual nursing home average rate increase under s. 49.45 (6m), minus the amount that is obtained by subtracting the average annual costs for allowable charges under s. 49.46 (2) (a) and (b) payable on behalf of individuals in nursing homes from the average annual costs per medical assistance recipient for the allowable charges payable on behalf of individuals who are relocated into communities from nursing homes.