Wisconsin Legislature: 9,9104

9,2135 Section 2135. 867.01 (3) (am) 4. of the statutes is amended to read:

867.01 (3) (am) 4. Whether the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.

9,2136 Section 2136. 867.01 (3) (d) of the statutes is amended to read:

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 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785, the petitioner shall give notice by certified mail to the department of health services as soon as practicable after filing the petition with the court.

9,2137 Section 2137. 867.02 (2) (am) 6. of the statutes is amended to read:

867.02 (2) (am) 6. Whether the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.

9,2138 Section 2138. 867.03 (1g) (c) of the statutes is amended to read:

867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or s. 49.785.

9,2139 Section 2139. 867.03 (1m) (a) of the statutes is amended to read:

867.03 (1m) (a) Whenever an heir, trustee, person named in the will to act as personal representative, 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 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785, the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir, trustee, person named in the will to act as personal representative, 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.

9,2140 Section 2140. 867.03 (1m) (b) of the statutes is amended to read:

867.03 (1m) (b) An heir, trustee, person named in the will to act as personal representative, 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 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing the delivery date.

9,2141 Section 2141. 867.03 (2g) (b) of the statutes is amended to read:

867.03 (2g) (b) Property transferred under this section to or by an heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death is subject to the right of the department of health services to recover under s. 46.27 (7g), 2017 stats., 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1., 2017 stats., and that was paid on behalf of the decedent or the decedent's spouse. Upon request, the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death shall provide to the department of health services information about any of the decedent's property that the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death has distributed and information about the persons to whom the property was distributed.

9,2142 Section 2142. 893.33 (4r) of the statutes is amended to read:

893.33 (4r) This section applies to liens of the department of health services on real property under ss. 46.27 (7g), 2017 stats., 49.496, 49.682, and 49.849.

9,2167 Section 2167. 938.357 (3) (d) of the statutes is amended to read:

938.357 (3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility under par. (b) or (c) is the financial responsibility of the county department of the county where the juvenile was adjudicated delinquent and that. The county department shall reimburse the department of corrections at the rate specified under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of the a juvenile's care while placed in a Type 1 juvenile correctional facility other than the Mendota juvenile treatment center. The county department shall reimburse the department of health services at a rate specified by that department for the cost of a juvenile's care while placed at the Mendota juvenile treatment center and these payments shall be deposited in the appropriation account under s. 20.435 (2) (gk).

9,2244 Section 2244. 977.08 (4m) (c) of the statutes is amended to read:

977.08 (4m) (c) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after July 29, 1995, and before January 1, 2020, private local attorneys shall be paid $40 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

9,2245 Section 2245. 977.08 (4m) (d) of the statutes is created to read:

977.08 (4m) (d) Unless otherwise provided by a rule promulgated under s. 977.02 (7r) or by a contract authorized under sub. (3) (f), for cases assigned on or after January 1, 2020, private local attorneys shall be paid $70 per hour for time spent related to a case, excluding travel, and $25 per hour for time spent in travel related to a case if any portion of the trip is outside the county in which the attorney's principal office is located or if the trip requires traveling a distance of more than 30 miles, one way, from the attorney's principal office.

9,2267 Section 2267. Chapter VA 4 of the administrative code is repealed.

9,9101 Section 9101. Nonstatutory provisions; Administration.

(1f) Report on capitol security. The department of administration shall, in consultation with the city of Madison Police Department, study the security and safety of the state capitol and the capitol grounds. The department shall submit a report to the governor and the legislature by January 1, 2020. The report shall include recommendations for ensuring the safety and security of visitors to the capitol and the employees who work in the capitol, as well as safety and security for people attending and participating in events in or around the capitol.

(2i) Volkswagen settlement funds. Of the settlement funds in s. 20.855 (4) (h), during the 2019-21 fiscal biennium, the department of administration shall allocate $3,000,000 for grants under s. 16.047 (4s) for the replacement of school buses.

(3m) Additional funding for homeless case management services grants; lapse. Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year of the 2019-21 fiscal biennium, any unencumbered balance in ss. 20.505 (7) (kg) and 20.865 (4) (g) that is attributable to the moneys credited to s. 49.175 (1) (fa) shall revert to one or more of the accounts specified in s. 49.175 (1) (intro.), as determined by the secretary of administration.

9,9104 Section 9104. Nonstatutory provisions; Building Commission.

(1) Authorized State Building Program. For the fiscal years beginning on July 1, 2019, and ending on June 30, 2021, the Authorized State Building Program is as follows: - See PDF for table

(2) Programs previously authorized. In addition to the projects and financing authority enumerated in sub. (1), the building and financing authority enumerated in the previous state building program is continued in the 2019-21 fiscal biennium.

(3) Loans. During the 2019-21 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in s. 20.001 (1), for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized in sub. (1).

(4) 2015-17 Authorized State Building Program changes.

(a) In 2015 Wisconsin Act 55, section 9104 (1) (c) under department of health services, the following new subdivisions are created and the appropriate totals are increased by the amount shown: - See PDF for table

(b) 1. In 2015 Wisconsin Act 55, section 9104 (1) (d) under department of military affairs, the following new subdivision is created and the appropriate totals are increased by the amount shown: - See PDF for table

2. In 2015 Wisconsin Act 55, section 9104 (1) (d) 2. b., under projects financed by federal funds, the amount authorized for the project identified as “Hangar addition — West Bend” is increased from $2,381,000 to $8,350,000 and the appropriate totals are adjusted accordingly.

(5) 2017-19 Authorized State Building Program additions. In 2017 Wisconsin Act 59, section 9104 (1), the following project is added to the 2017-19 Authorized State Building Program and the appropriate totals are increased by the amounts shown:

(a) In par. (c) 1., under projects financed by general fund supported borrowing: - See PDF for table

(6) 2017-19 Authorized State Building Program changes.

(a) In 2017 Wisconsin Act 59, section 9104 (1) (d) 1. bh., as created by 2017 Wisconsin Act 185, under projects financed by general fund supported borrowing, the amount authorized for the project identified as “Expansion of the Mendota Juvenile Treatment Center — Madison” is increased from $15,000,000 to $43,994,000 and the appropriate totals are adjusted accordingly.

(b) In 2017 Wisconsin Act 59, section 9104 (1) (c) 1. d., under projects financed by general fund supported borrowing, the 2017-19 Authorized State Building Program project identified as “Geriatric Correctional Institution — purchase and renovation of a facility for a geriatric correctional institution” is amended to read “Oakhill Correctional Institution — assisted living addition”.

(c) In 2017 Wisconsin Act 59, section 9104 (1) (f) 2. a., under projects financed by segregated fund supported borrowing, the 2017-19 Authorized State Building Program project identified as “Science Operations Center — purchase and chronic wasting disease processing center addition — Monona” is amended to read “Science Operations Center — purchase and chronic wasting disease processing center addition — statewide”.

(d) In 2017 Wisconsin Act 59, section 9104 (1) (c) 1. em., as created by 2017 Wisconsin Act 185, under projects financed by general fund supported borrowing, the amount authorized for the project identified as “Type 1 juvenile correctional facilities — statewide” is decreased from $25,000,000 to $0 and the appropriate totals are adjusted accordingly.

(7) Establishment of correctional facility.

(a) The amount specified under sub. (1) (c) 1. c. as of the effective date of this paragraph shall be expended for land acquisition, utility extensions, and a request for proposal for a new maximum security correctional facility to replace the Green Bay Correctional Institution . Land acquisition shall occur no later than December 1, 2020. Utility extensions shall occur no later than October 1, 2021.

(b) The building commission shall include in its recommendations under s. 13.48 (7) for the 2021-23 fiscal biennium a recommendation to authorize a specific amount of additional general fund supported borrowing sufficient to complete construction of the correctional facility enumerated under sub. (1) (c) 1. c. and to amend the dollar amount under sub. (1) (c) 1. c. accordingly.

(8) Wisconsin History Museum. No bonds may be issued for construction of the Wisconsin History Museum enumerated under sub. (1) i. 1. a. without prior approval of the joint committee on finance. The building commission cannot authorize construction under s. 13.48 (10) (a) of the Wisconsin History Museum until after the state historical society certifies to the commission that it has raised $30,000,000 in gifts, grants, and other receipts for the project.

(9) Medical College of Wisconsin; cancer research facility. The building commission cannot make a grant to the Medical College of Wisconsin, Inc., for the construction of the cancer research facility, as enumerated in sub. (1) (L) 1. a., under s. 13.48 (31), unless the department of administration has reviewed and approved plans for the project. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.

(10) Northern Wisconsin regional crisis center. The building commission cannot make a grant to a nonstate organization for the establishment of a northern Wisconsin regional crisis center, as enumerated in sub. (1) (b) 1. b., under s. 13.48 (20s), unless the department of administration has reviewed and approved plans for the project. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.

(11) Advanced planning for University of Wisconsin System facilities.

(a) From s. 20.867 (2) (r), the building commission shall allocate moneys to develop preliminary plans and specifications for the construction of University of Wisconsin System facilities, as follows:

1. $500,000 for renovation of the Cofrin Library at UW–Green Bay.

2. $2,000,000 for a science and technology innovation center at UW–River Falls.

3. $1,000,000 for the science/health science building, phase II at UW–Eau Claire.

4. $500,000 for an engineering building and utility extensions at UW–Milwaukee.

5. $500,000 for an engineering building at UW–Madison.

6. $500,000 for the Winther Hall addition and renovation project at UW–Whitewater.

7. $500,000 for the Clow Hall renovation, phase II, at UW–Oshkosh.

(12) Advanced planning for restrictive housing unit. From s. 20.867 (2) (r), the building commission shall allocate $500,000 to develop preliminary plans and specifications for the construction of a new restrictive housing unit at the location that was the Lincoln Hills School and Copper Lake School.

(13) University of Wisconsin System minor facility renewal program; Groups 1, 2, and 3 projects.

(a) Group 1. The amounts specified under sub (1) (k) 1. a. and 2. a. shall be expended for the following projects:

1. UW–Madison — Multi–Building Fire Alarm System Replacement and Renovation, Phase 8.

2. UW–Madison — Fluno Center Plaza Deck Waterproofing and Repair.

3. UW–Green Bay — Mary Ann Cofrin Hall/Wood Hall Exterior Envelope Repair.

4. UW–Stout — Site Utility Steam Distribution System Box Conduit Replacement.

5. UW–Milwaukee — Engineering and Mathematical Sciences Building MEP Infrastructure Renovation.

(b) Group 2. The amounts specified under sub (1) (k) 1. b. and 2. b. shall be expended for the following projects:

1. UW–Madison — Multi–Building Sprinkler System Retrofit and Renovation.

2. UW–Madison — Site Utility Steam Distribution Pit 4/13-79/12 Replacement.

3. UW–Madison — Site Utility Steam Distribution Pit 59/10-Ag Bulletin/Soils/King Replacement.

4. UW–Madison — Site Utility Electrical Distribution System Renovation and Replacement.

5. UW–Milwaukee — Mitchell Hall Exterior Envelope Repair and Exterior Window Replacement.

1. UW–Madison — Multi-Building Elevator Renovation and Replacement.

2. UW–Milwaukee — Multi-Building Exterior Envelope Repair.

3. UW–Madison — Multi-Building Exterior Envelope Repair.

4. UW–Platteville — Karrmann Library HVAC System Renovation/Skylight Replacement.

5. UW–Oshkosh — Gruenhagen Hall Plumbing Riser Replacement.

6. UW–Platteville — Ottensman Hall Central Chilled Water Plant Expansion.

7. UW–Whitewater — McGraw Hall Exterior Entrance Repair.

(13m) Grant to Incourage Community Foundation for an economic and community hub. From s. 20.866 (2) (zcw), the building commission shall allocate $3,000,000 for a grant under s. 13.48 (20m) to the Incourage Community Foundation, Inc., to assist in the remodeling of the former Daily Tribune building in the city of Wisconsin Rapids into an economic and community hub.

9,9106 Section 9106. Nonstatutory provisions; Children and Families.

(1) Emergency rule making for background checks for congregate care workers. The department of children and families may promulgate emergency rules under s. 227.24 to implement the background check requirements for congregate care workers under s. 48.685. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until January 1, 2022, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(2) Background checks for congregate care workers. No later than the first day of the 7th month beginning after the effective date of this subsection, the department of children and families, the county department as defined in s. 48.02 (2g), the child welfare agency, or the congregate care facility as defined in s. 48.685 (1) (ao) shall perform a comprehensive background check as required by s. 48.685 (2) for all congregate care workers, as defined in s. 48.685 (1) (ap), who are working at a congregate care facility on the effective date of this subsection.

(4) The community youth and family aids formula. The department of children and families shall consult with county representatives on modifications to the community youth and family aids formula under s. 48.526.

(5f) Child care quality rating system incentives. Notwithstanding the discretion granted to the department of children and families under s. 49.155 (6) (e) 3. d., for a child care provider who receives a 4-star rating under the child care quality rating system under s. 48.659, the department of children and families shall increase the maximum payment rate for that provider under s. 49.155 (6) by 15 percent for the period between the effective date of this subsection and June 30, 2021. Notwithstanding the discretion granted to the department of children and families under s. 49.155 (6) (e) 3. e., for a child care provider who receives a 5-star rating under the child care quality rating system under s. 48.659, the department of children and families shall increase the maximum payment rate for that provider under s. 49.155 (6) by 30 percent for the period between the effective date of this subsection and June 30, 2021.

9,9110 Section 9110. Nonstatutory provisions; District Attorneys.

(1f) Additional district attorney positions. The authorized FTE positions for the department of administration are increased by 0.1 GPR position on October 1, 2019, to be funded from s. 20.475 (1) (d), for the purpose of increasing the authorized FTE district attorney position in Florence County by 0.1 FTE position.

9,9119 Section 9119. Nonstatutory provisions; Health Services.

(2) Medical Assistance reimbursement for services provided through telehealth. The department of health services shall develop, by rule, a method of reimbursing providers under the Medical Assistance program for a service that is covered by the Medical Assistance program under subch. IV of ch. 49 and that satisfies any of the following: