AB56: Bill Text

AB56,421 Section 421. 40.65 (2) (b) 3. of the statutes is amended to read:

AB56,460,3 40.65 (2) (b) 3. The department shall determine whether or not the applicant is eligible for benefits under this section on the basis of the evidence in subd. 2. An applicant may appeal a determination under this subdivision to the division of hearings and appeals in the department of administration department of workforce development.

AB56,422 Section 422. 40.65 (2) (b) 4. of the statutes is amended to read:

AB56,460,7 40.65 (2) (b) 4. In hearing an appeal under subd. 3., the division of hearings and appeals in the department of administration department of workforce development shall follow the procedures under ss. 102.16 to 102.26.

AB56,423 Section 423. 41.51 of the statutes is renumbered 41.51 (intro.) and amended to read:

AB56,460,11 41.51 Definitions. (intro.) In this subchapter, unless the context requires otherwise, “board":

AB56,460,12 (1) “Board” means the arts board.

AB56,424 Section 424 . 41.51 (2) of the statutes is created to read:

AB56,460,17 41.51 (2) “State building" means a permanent structure normally occupied by state employees that is wholly or partially enclosed and that is used for performing or facilitating the performance of the functions of a state agency as defined in s. 20.001 (1).

AB56,425 Section 425 . 41.51 (3) of the statutes is created to read:

AB56,460,21 41.51 (3) “Work of art" means an original creation of visual art or a reproduction of an original creation of visual art if the reproduction is controlled by the artist of the original work as part of a limited edition.

AB56,426 Section 426 . 41.58 of the statutes is created to read:

AB56,460,24 41.58 Art in state buildings. (1) Applicability. This section does not apply to any of the following:

AB56,461,2 (a) A contract for the construction, reconstruction, remodeling of, or addition to a state building if the total construction cost of the project is $250,000 or less.

AB56,461,4 (b) A state building or space within a state building that is not open to the general public in its normal use.

AB56,461,6 (c) Game farms, fish hatcheries, nurseries, and other production facilities operated by the department of natural resources.

AB56,461,12 (2) Minimum expenditure required. (a) Except as provided in par. (b), at least two-tenths of 1 percent of the appropriation for the construction, reconstruction, remodeling of, or addition to a state building shall be expended to acquire one or more works of art to be incorporated into the state building or to be displayed in or on the grounds of the state building, and to fund all administrative costs that the board incurs in acquiring the works of art.

AB56,461,18 (b) If a state building to which this section applies is located contiguous to other state buildings, the board, after reviewing the recommendations of the advisory committee appointed under sub. (3), may apply the funds set aside under par. (a) to the acquisition, including all associated administrative costs, of one or more works of art to be incorporated into one or more of the contiguous buildings or to be displayed in or on the grounds of one or more of the contiguous buildings.

AB56,461,23 (3) Advisory committee. (a) For a building project requiring an expenditure under sub. (2) and after selection of the architect for the project, the board shall appoint an advisory committee for the purpose of reviewing and recommending one or more works of art to be incorporated into the state building or displayed in or on the grounds of the state building.

AB56,461,25 (b) The advisory committee shall consist of at least 5 members appointed by the board, including all of the following:

AB56,462,1 1. One member who is a member of the board.

AB56,462,3 2. At least 2 members who are artists, art educators, art administrators, museum directors or curators, art critics, or art collectors.

AB56,462,5 3. At least 2 members who are project managers, architects, users of the building, or members of the building commission.

AB56,462,13 (4) Contracts with artists. (a) After reviewing the recommendations of the advisory committee appointed under sub. (3) with respect to a particular building project, the board shall select one or more works of art recommended by the advisory committee to be incorporated into the project. The board shall ensure that the aggregate of all works of art selected under this subsection represents a wide variety of art forms executed by the broadest feasible diversity of artists, except that the board shall give preference to the works of art of artists who are residents of this state.

AB56,462,16 (b) 1. The board shall contract for the procurement of each work of art selected for a building project under this section. Except as provided in subds. 2. and 3., each contract shall provide for sole ownership of the work of art to the state.

AB56,462,20 2. If a work of art selected for a building project under this section is an existing work of art and is no longer subject to the control of the artist originating the work of art, the contract shall assign sole ownership to the state, subject to any existing obligations of the owner to the originating artist.

AB56,462,25 3. If a work of art selected for a building project under this section is owned by the artist originating the work of art or if the work of art has not been executed on the date of the contract, the contract shall assign sole ownership to the state, subject to the following rights that shall be retained by the artist except as otherwise provided in the contract executed under par. (b) 1.:

AB56,463,1 a. The right to claim authorship of the work of art.

AB56,463,3 b. The right to reproduce the work of art, including all rights secured to the artist under federal copyright laws.

AB56,463,5 (5) Board responsibilities. After acquisition of a work of art under sub. (4), the board shall do all of the following:

AB56,463,6 (a) Ensure proper execution of the work of art if it is a new original work of art.

AB56,463,7 (b) Ensure that the work of art is properly installed within the public view.

AB56,463,10 (c) Cooperate with the building commission and consult with the artist or the artist's representative to ensure that the work of art is properly maintained and is not artistically altered without the consent of the artist or the artist's representative.

AB56,463,17 (d) Ensure that the work of art is maintained and displayed in or on the grounds of the state building for at least 25 years, unless, after consultation with the state agency making principal use of the building to which the work of art is appurtenant, the board finds that earlier removal is in the public interest. When a work of art acquired under this section is removed from a state building, the board shall loan the work of art to an accredited museum in the state or to an educational or other appropriate public institution capable of maintaining and exhibiting the work of art.

AB56,427 Section 427. 45.03 (15) of the statutes is amended to read:

AB56,464,8 45.03 (15) Deferral of payments and interest on loans. When a veteran or a member of the veteran's family makes application for deferment of payment of monthly installments and waiver of interest charges on veterans loans made under this chapter, showing that the ability of the veteran to make payment is materially and adversely affected by reason of military service, the department may, with the approval of the board, defer payment of monthly installments and waive interest charges on veterans loans made under this chapter for the duration of any period of service in the armed forces of the United States during a national emergency or in time of war or under P.L. 87-117 and 6 months from date of discharge or separation and the time for payment may be extended for the same period. However, when funds estimated to be received in the veterans mortgage loan repayment fund to pay debt service on public debt contracted under s. 20.866 (2) (zn) and (zo) are less than the funds estimated to be required for the payment of the debt service, the board may grant deferral of payments and interest on loans provided under s. 45.37 only when so required by federal law.

AB56,428 Section 428. 45.03 (16) (c) 2. (intro.) of the statutes is amended to read:

AB56,464,13 45.03 (16) (c) 2. (intro.) The department shall declare immediately due and payable any loan made after July 29, 1979, under a program administered by the department under s. 45.40 or subch. III, if it finds that the loan was granted to an ineligible person due to any of the following circumstances:

AB56,429 Section 429. 45.03 (16) (c) 3. (intro.) of the statutes is amended to read:

AB56,464,16 45.03 (16) (c) 3. (intro.) Loan application forms processed by the department for programs administered under s. 45.40 or subch. III shall do all of the following:

AB56,430 Section 430. 45.03 (16) (c) 4. of the statutes is amended to read:

AB56,464,20 45.03 (16) (c) 4. The department shall incorporate the payment acceleration requirements of subd. 2. in all loan documents for programs administered by the department under s. 45.40 or subch. III.

AB56,431 Section 431. Subchapter III of chapter 45 [precedes 45.30] of the statutes is repealed.

AB56,432 Section 432. 45.42 (4) of the statutes is amended to read:

AB56,465,5 45.42 (4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds, and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in s. 45.32 , 2017 stats. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.

AB56,433 Section 433. 45.42 (8) (a) of the statutes is repealed.

AB56,434 Section 434. 45.42 (8) (b) of the statutes is renumbered 45.42 (8).

AB56,435 Section 435. 45.48 of the statutes is created to read:

AB56,465,13 45.48 Veterans outreach and recovery program. (1) To be funded from the appropriation under s. 20.485 (2) (qs), the department shall administer a program to provide outreach, mental health services, and support to individuals who reside in this state, who may have a mental health condition or substance use disorder, and who meet one of the following conditions:

AB56,465,15 (a) Are serving in the national guard of any state or a reserve component of the U.S. armed forces.

AB56,465,19 (b) Served on active duty in the U.S. armed forces, forces incorporated as part of the U.S. armed forces, a reserve component of the U.S. armed forces, or the national guard of any state and were discharged under conditions other than dishonorable.

AB56,465,21 (2) The eligibility requirements under s. 45.02 do not apply to an individual receiving services under sub. (1).

AB56,465,23 (3) The department may provide payments to facilitate the provision of services under sub. (1).

AB56,436 Section 436 . 45.57 of the statutes is amended to read:

AB56,466,5 45.57 Veterans homes; transfer of funding. The department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund. The department shall notify the joint committee on finance in writing of any balance transferred under this section.

AB56,437 Section 437. 46.057 (1) of the statutes is amended to read:

AB56,467,3 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities or in secured residential care centers for children and youth and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Upon the recommendation of Subject to s. 938.357 (3) (c), with the approval of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

AB56,438 Section 438 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act 185, section 15, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

AB56,468,2 46.057 (1) The department shall establish, maintain, and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the Mendota juvenile treatment center as a juvenile correctional facility, as defined in s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33 (2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other juvenile correctional facilities or in secured residential care centers for children and youth and whose mental health needs can be met at the center. With the approval of the department of health services, the department of corrections may transfer to the center any juvenile who has been placed in a juvenile correctional facility or a secured residential care center for children and youth under the supervision of the department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3), (4), or (5) (e) in the same manner that the department of corrections transfers juveniles between other juvenile correctional facilities. Subject to s. 938.357 (3) (c), with the approval of the department of health services, a court may place a juvenile at the center in a proceeding for a change in placement order under s. 938.357 (3).

AB56,439 Section 439. 46.057 (1m) of the statutes is created to read:

AB56,468,7 46.057 (1m) Only the director of the Mendota Mental Health Institute, or his or her designee, is authorized to make decisions regarding the admission of juveniles to and treatment of juveniles at the center and the release and return of juveniles to the appropriate state or county facility.

AB56,440 Section 440. 46.057 (2) of the statutes is amended to read:

AB56,468,17 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) $1,365,500 in each fiscal year 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) $2,869,200 $3,224,100 in fiscal year 2017-18 2019-20 and $2,932,600 $5,878,100 in fiscal year 2018-19 2020-21, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB56,441 Section 441. 46.10 (16) of the statutes is amended to read:

AB56,469,4 46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities, those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275, 46.278, or 46.2785, or those provided under the disabled children's long-term support program if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.

AB56,442 Section 442. 46.21 (2m) (b) 1. a. of the statutes is amended to read:

AB56,469,9 46.21 (2m) (b) 1. a. The powers and duties of the county departments under ss. 46.215, 51.42 and 51.437, including the administration of the long-term support community options program under s. 46.27, if the county department under s. 46.215 is designated as the administering agency under s. 46.27 (3) (b) 1.

AB56,443 Section 443. 46.21 (2m) (b) 1. b. of the statutes is repealed.

AB56,444 Section 444. 46.215 (1) (m) of the statutes is repealed.

AB56,445 Section 445. 46.22 (1) (b) 1. e. of the statutes is repealed.

AB56,446 Section 446. 46.23 (3) (bm) of the statutes is repealed.

AB56,447 Section 447. 46.269 of the statutes is amended to read:

AB56,469,25 46.269 Determining financial eligibility for long-term care programs. To the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in a person's independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving state-funded benefits under s. 46.27 or medical assistance under s. 49.472 in determining financial eligibility and cost-sharing requirements, if any, for a long-term care program under s. 46.27, 46.275 , or 46.277, for the family care program that provides the benefit defined in s. 46.2805 (4), for the Family Care Partnership program, or for the self-directed services option, as defined in s. 46.2897 (1).

AB56,448 Section 448. 46.27 of the statutes is repealed.

AB56,449 Section 449. 46.271 (1) (c) of the statutes is amended to read:

AB56,470,5 46.271 (1) (c) The department may contract with an aging unit, as defined in s. 46.27 46.82 (1) (a), for administration of services under par. (a) if, by resolution, the county board of supervisors of that county so requests the department.

AB56,450 Section 450. 46.275 (3) (e) of the statutes is repealed.

AB56,451 Section 451. 46.275 (5) (b) 7. of the statutes is amended to read:

AB56,470,11 46.275 (5) (b) 7. Provide services in any community-based residential facility unless the county or department uses as a service contract the approved model contract developed under s. 46.27 (2) (j), 2017 stats., or a contract that includes all of the provisions of the approved model contract.

AB56,452 Section 452. 46.277 (1m) (at) of the statutes is amended to read:

AB56,470,16 46.277 (1m) (at) “Private nonprofit agency" has the meaning specified in s. 46.27 (1) (bm) means a nonprofit corporation, as defined in s. 181.0103 (17), that provides a program of all-inclusive care for the elderly under 42 USC 1395eee or 1396u-4.

AB56,453 Section 453. 46.277 (3) (a) of the statutes is amended to read:

AB56,471,2 46.277 (3) (a) Sections 46.27 (3) (b) and Section 46.275 (3) (a) and (c) to (e) apply applies to county participation in this program, except that services provided in the program shall substitute for care provided a person in a skilled nursing facility or intermediate care facility who meets the level of care requirements for medical assistance reimbursement to that facility rather than for care provided at a state center for the developmentally disabled. The number of persons who receive services provided by the program under this paragraph may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.

AB56,454 Section 454 . 46.277 (5) (d) 2. (intro.) and b. of the statutes are consolidated, renumbered 46.277 (5) (d) 2. and amended to read:

AB56,471,12 46.277 (5) (d) 2. No county may use funds received under this section to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), unless one of the following applies: b. The the department approves the provision of services in a community-based residential facility that entirely consists of independent apartments, each of which has an individual lockable entrance and exit and individual separate kitchen, bathroom, sleeping and living areas, to individuals who are eligible under this section and are physically disabled or are at least 65 years of age.

AB56,455 Section 455. 46.277 (5) (d) 2. a. of the statutes is repealed.

AB56,456 Section 456. 46.277 (5) (d) 3. of the statutes is amended to read:

AB56,471,21 46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received under this section to pay for services provided to a person who resides or intends to reside in a community-based residential facility and who is initially applying for the services, if the projected cost of services for the person, plus the cost of services for existing participants, would cause the county to exceed the limitation under sub. (3) (c). The department may grant an exception to the requirement under this subdivision, under the conditions specified by rule, to avoid hardship to the person.

AB56,457 Section 457. 46.277 (5) (f) of the statutes is amended to read: