SB40: Bill Text

SB40, s. 780 Section 780. 40.81 (3) of the statutes is amended to read:

SB40,494,21 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

SB40, s. 781 Section 781. 40.95 (1) (a) 2. of the statutes is amended to read:

SB40,494,24 40.95 (1) (a) 2. The employee has his or her compensation established in a collective bargaining agreement under subch. V or VI of ch. 111.

SB40, s. 782 Section 782. 44.02 (28) of the statutes is created to read:

SB40,495,3 44.02 (28) Annually distribute the amount appropriated under s. 20.245 (1) (b) as a grant to the Wisconsin Black Historical Society and Museum to fund the operations of that society and museum.

SB40, s. 783 Section 783. 45.03 (20) of the statutes is amended to read:

SB40,495,11 45.03 (20) Transfer of funds to the veterans trust fund. If the balance in the appropriation account under s. 20.485 (1) (gk) is in excess of the amount needed for the care of the members of the Wisconsin veterans homes under s. 45.50 and the payment of stipends under s. 45.50 (9) during fiscal year 2006-07 2007-08 or 2008-09, the department may transfer the excess moneys to the veterans trust fund. The total amount transferred under this subsection may not exceed $16,000,000 $7,000,000.

SB40, s. 784 Section 784. 45.20 (2) (d) 2. b. of the statutes is amended to read:

SB40,495,16 45.20 (2) (d) 2. b. A statement that the veteran is not delinquent in child support or maintenance payments and does not owe past support, medical expenses or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.

SB40, s. 785 Section 785. 45.33 (2) (b) 1. b. of the statutes is amended to read:

SB40,495,21 45.33 (2) (b) 1. b. A statement that the person is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.

SB40, s. 786 Section 786. 45.42 (6) (b) of the statutes is amended to read:

SB40,496,2 45.42 (6) (b) Provides to the department a statement that the applicant is not delinquent in child support or maintenance payments and does not owe past support, medical expenses, or birth expenses, signed by the department of workforce development children and families or its designee within 7 working days before the date of the application.

SB40, s. 787 Section 787. 45.51 (10) (b) of the statutes is amended to read:

SB40,496,10 45.51 (10) (b) Except where a sale occurs under s. 16.848, the The department may manage, sell, lease, or transfer property passing to the state pursuant to this section or conveyed to it by members, defend and prosecute all actions concerning it, pay all just claims against it, and do all other things necessary for the protection, preservation, and management of the property. All expenditures necessary for the execution of functions under this paragraph or sub. (14) shall be made from the appropriation in s. 20.485 (1) (h).

SB40, s. 788 Section 788. 45.51 (13) (intro.) of the statutes is amended to read:

SB40,496,16 45.51 (13) Additional eligibility requirements for skilled nursing facilities. (intro.) Any person admitted to a skilled nursing facility at a veterans home shall meet the eligibility requirements under ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those sections during residence at the skilled nursing facility except if any of the following apply:

SB40, s. 789 Section 789. 45.51 (13) (a) of the statutes is amended to read:

SB40,496,22 45.51 (13) (a) Persons with sufficient income and resources to meet the expenses of care for one or more months may be admitted to the skilled nursing facility but shall apply income and resources to costs to the extent required under ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those sections.

SB40, s. 790 Section 790. 45.51 (13) (b) of the statutes is amended to read:

SB40,497,4 45.51 (13) (b) Persons who meet all the requirements of this section but whose degree of physical disability does not meet the minimum requirements under ss. 49.45 and 49.46 and rules promulgated under those sections may be admitted to the skilled nursing facility but shall apply income and resources to costs to the extent required by ss. 49.45 and 49.46, and, if applicable, s. 49.471 and rules promulgated under those sections.

SB40, s. 791 Section 791. 45.61 (2) (a) of the statutes is amended to read:

SB40,497,9 45.61 (2) (a) A person who died while on active duty or who was discharged or released from active duty in the U.S. armed forces under honorable conditions other than dishonorable and who was a resident of this state at the time of his or her entry or reentry into active service and his or her dependent child and surviving spouse.

SB40, s. 792 Section 792. 45.61 (2) (b) of the statutes is amended to read:

SB40,497,14 45.61 (2) (b) A person who was discharged or released from active duty in the U.S. armed forces under honorable conditions other than dishonorable and who was a resident of this state at the time of his or her death and his or her dependent child and surviving spouse.

SB40, s. 793 Section 793. 46.001 of the statutes is amended to read:

SB40,497,25 46.001 Purposes of chapter. The purposes of this chapter are to conserve human resources in Wisconsin; to provide a just and humane program of services to children and unborn children in need of protection or services, nonmarital children and the expectant mothers of those unborn children; to prevent dependency, mental illness, developmental disability, mental infirmity, and other forms of social maladjustment by a continuous attack on causes; to provide effective aid and services to all persons in need thereof of that aid and those services and to assist those persons to achieve or regain self-dependence at the earliest possible date; to avoid duplication and waste of effort and money on the part of public and private agencies; and to coordinate and integrate a social welfare program.

SB40, s. 794 Section 794. 46.011 (intro.) of the statutes is amended to read:

SB40,498,2 46.011 Definitions. (intro.) In chs. 46, 48, 50, 51, 54, 55, and 58:

SB40, s. 795 Section 795. 46.011 (1g) of the statutes is created to read:

SB40,498,6 46.011 (1g) "Disabled children's long-term support program" means the programs described under 2001 Wisconsin Act 16, section 9123 (16rs), and 2003 Wisconsin Act 33, section 9124 (8c).

SB40, s. 796 Section 796. 46.014 (4) of the statutes is renumbered 49.265 (6) and amended to read:

SB40,498,13 49.265 (6) Reports. At least annually, the secretary shall submit a report to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), concerning activities of community action agencies under s. 46.30 this section and their effectiveness in promoting social and economic opportunities for poor persons.

SB40, s. 797 Section 797. 46.016 of the statutes is amended to read:

SB40,498,18 46.016 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance, social security, child welfare and youth services, mental hygiene, services for the blind, and in other matters of mutual concern pertaining to public welfare.

SB40, s. 798 Section 798. 46.02 of the statutes is amended to read:

SB40,498,24 46.02 Agency powers and duties. Any institution which that is subject to chs. 46, 48 49 to 51, 55, and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 48 49 to 51, 55, and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such controversy a conflict.

SB40, s. 799 Section 799. 46.023 of the statutes is renumbered 48.562.

SB40, s. 800 Section 800. 46.03 (4) (b) of the statutes is amended to read:

SB40,499,12 46.03 (4) (b) In order to discharge more effectively its responsibilities under this chapter and ch. 48 and other relevant provisions of the statutes, be authorized to study causes and methods of prevention and treatment of mental illness, mental deficiency, mental infirmity, and related social problems, including establishment of demonstration projects to apply and evaluate such methods in actual cases. The department is directed and authorized to utilize all powers provided by the statutes, including the authority under sub. (2a), to accept grants of money or property from federal, state, or private sources, and to enlist the cooperation of other appropriate agencies and state departments. The department may enter into agreements with local government subdivisions, departments, and agencies for the joint conduct of these projects, and it may purchase services when deemed considered appropriate.

SB40, s. 801 Section 801. 46.03 (7) (a) of the statutes is amended to read:

SB40,499,21 46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, children and unborn children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under chs. 48 and 938, licensed child welfare agencies, and public and private institutions and take the initiative in all matters involving the interests of those children and unborn children when adequate provision for those interests has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.345 and 48.347.

SB40, s. 802 Section 802. 46.03 (7) (bm) of the statutes is amended to read:

SB40,500,9 46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40, declarations of paternal interest under s. 48.025, and statements acknowledging paternity under s. 69.15 (3) (b). The department may release those records, declarations, and statements only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics, declarations of paternal interest shall be released as provided in s. 48.025 (3) (b) and (c), and statements acknowledging paternity shall be released without a court order to the department of workforce development children and families or a county child support agency under s. 59.53 (5) upon the request of that department or county child support agency pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the statement.

SB40, s. 803 Section 803. 46.03 (7) (c) of the statutes is repealed.

SB40, s. 804 Section 804. 46.03 (7) (cm) of the statutes is renumbered 48.47 (7) (cm).

SB40, s. 805 Section 805. 46.03 (7) (d) of the statutes is renumbered 48.47 (7) (d).

SB40, s. 806 Section 806. 46.03 (7) (e) of the statutes is repealed.

SB40, s. 807 Section 807. 46.03 (7) (f) of the statutes is renumbered 48.47 (7) (f).

SB40, s. 808 Section 808. 46.03 (7) (h) of the statutes is renumbered 48.47 (7) (h).

SB40, s. 809 Section 809. 46.03 (7g) of the statutes is renumbered 48.47 (7g) and amended to read:

SB40,501,8 48.47 (7g) Statewide automated child welfare information system. Establish a statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), the department may enter the content of any record kept or information received by the department into the statewide automated child welfare information system, and a county department under s. 46.215, 46.22, or 46.23, the department, or any other organization that has entered into an information sharing and access agreement with the department or any of those county departments and that has been approved for access to the statewide automated child welfare information system by the department may have access to information that is maintained in that system, if necessary to enable the county department, department, or organization to perform its duties under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b to or to coordinate the delivery of services under this chapter, ch. 48, 46, 51, 55, or 938, or 42 USC 670 to 679b.

SB40, s. 810 Section 810. 46.03 (7m) of the statutes is renumbered 48.62 (7) and amended to read:

SB40,501,15 48.62 (7) Foster care. In each federal fiscal year, the department shall ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.

SB40, s. 811 Section 811. 46.03 (18) (a) of the statutes is amended to read:

SB40,502,5 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided under subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and family services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and family services during the previous year and the costs to the state for services relating to such adoptions.

SB40, s. 812 Section 812 . 46.03 (18) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,502,17 46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42, or 51.437, except for services provided under ch. 48 and subch. III of ch. 49; services relating to adoption; services provided to courts; outreach, information and referral services; or where when, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42, or 51.437 shall apply the fees which that it collects under this program to cover the cost of such those services.

SB40, s. 813 Section 813. 46.03 (18) (am) of the statutes is amended to read:

SB40,502,23 46.03 (18) (am) Paragraph (a) does not prevent the department from charging and collecting the cost of adoptive placement investigations and child care as authorized under s. 48.837 (7). Paragraph (a) also does not prevent a county department under s. 51.42 or 51.437 from charging and collecting the cost of an examination ordered under s. 938.295 (2) (a) as authorized under s. 938.295 (2) (c).

SB40, s. 814 Section 814. 46.03 (18) (ar) of the statutes is created to read:

SB40,503,3 46.03 (18) (ar) A county may retain fees that it collects under this subsection for services the county provides without state funding under the disabled children's long-term support program.

SB40, s. 815 Section 815. 46.03 (20) (a) of the statutes is amended to read:

SB40,503,10 46.03 (20) (a) Except for payments provided under ch. 48 or subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under ch. 48 or subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.

SB40, s. 816 Section 816. 46.03 (22) (title) of the statutes is amended to read:

SB40,503,12 46.03 (22) (title) Community living arrangements for adults.

SB40, s. 817 Section 817. 46.03 (22) (a) of the statutes is amended to read:

SB40,503,21 46.03 (22) (a) "Community In this subsection, "community living arrangement for adults" means any of the following facilities licensed or operated, or permitted under the authority of the department: residential care centers for children and youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under s. 48.60, group homes for children, as defined in s. 48.02 (7), and community-based residential facilities a community-based residential facility, as defined in s. 50.01 (1g); but does not include adult family homes, as defined in s. 50.01 (1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.

SB40, s. 818 Section 818. 46.03 (22) (b) of the statutes is amended to read:

SB40,503,25 46.03 (22) (b) Community living arrangements for adults shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located.

SB40, s. 819 Section 819. 46.03 (22) (c) of the statutes is amended to read:

SB40,504,8 46.03 (22) (c) The department shall designate a subunit to keep records and supply information on community living arrangements for adults under ss. 59.69 (15) (f), 60.63 (7), and 62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for adults and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for adults.

SB40, s. 820 Section 820. 46.03 (22) (d) of the statutes is amended to read:

SB40,504,16 46.03 (22) (d) A community living arrangement for adults with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for adults with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for adults are void as against public policy.

SB40, s. 821 Section 821. 46.03 (22) (e) of the statutes is amended to read:

SB40,504,25 46.03 (22) (e) If a community living arrangement for adults is required to obtain special zoning permission, as defined in s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.

SB40, s. 822 Section 822. 46.03 (29) of the statutes is repealed.

SB40, s. 823 Section 823. 46.03 (39) of the statutes is renumbered 48.47 (39).

SB40, s. 824 Section 824. 46.031 (3) (a) of the statutes is amended to read:

SB40,505,24 46.031 (3) (a) Citizen advisory committee. Except as provided in par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish a citizen advisory committee to the county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. The citizen advisory committee shall advise in the formulation of the budget under sub. (1). Membership on the committee shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. At least one member of the committee shall be chosen from the governing or administrative board of the community action agency serving the county or counties under s. 46.30, if any. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.

SB40, s. 825 Section 825. 46.034 (1) of the statutes is amended to read:

SB40,506,12 46.034 (1) The department, in order to discharge more effectively its responsibilities under this chapter and chs. 48, 51, 250, and 251 and other relevant provisions of the statutes, may establish community human services pilot programs for the study, implementation, and evaluation of improved human services delivery systems. In the implementation of such those pilot programs, the requirement of statewide uniformity with respect to the organization and governance of human services shall not apply. The department and local governmental bodies may establish such departments, boards, committees, organizational structures, and procedures as may be needed to implement the pilot programs. The departments, boards, committees, and organizational structures may assume responsibilities currently assigned by statute to the departments, boards, committees , or organizational structures that are replaced.

SB40, s. 826 Section 826. 46.036 (1) of the statutes is amended to read:

SB40,506,23 46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, except as provided under subch. III of ch. 49 and s. 301.08 (2), shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

SB40, s. 827 Section 827. 46.036 (4) (a) of the statutes is amended to read:

SB40,507,11 46.036 (4) (a) Except as provided in this paragraph, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under s. 48.66 (1) (a) for which the licensee is one or more individuals who operate not more than one group home.

SB40, s. 828 Section 828 . 46.036 (4) (c) of the statutes is amended to read: