AB68: Bill Text

AB68,659,5 40.65 (5) (b) (intro.) The Wisconsin retirement board shall reduce the amount of a participant's monthly benefit under this section by the amounts under subds. 1. to 6., except that the board may determine not to reduce a participant's benefit because of income related to therapy or rehabilitation. The Wisconsin retirement board may assume that any benefit or amount listed under subds. 1. to 6. is payable to a participant until it is determined to the board's satisfaction that the participant is ineligible to receive the benefit or amount, except that the department shall withhold an amount equal to 5 percent of the monthly benefit under this section until the amount payable under subd. 3. is determined.

AB68,746 Section 746 . 40.65 (6) (intro.) of the statutes is amended to read:

AB68,659,9 40.65 (6) (intro.) The Wisconsin retirement board shall adjust the monthly salary of every participant receiving a benefit under this section using the salary index for the previous calendar year as follows:

AB68,747 Section 747. 40.65 (7) (am) 1. of the statutes is amended to read:

AB68,659,18 40.65 (7) (am) 1. To the surviving spouse or surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership on the date that the participant was disabled under sub. (4), 50 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB68,748 Section 748. 40.65 (7) (am) 1g. of the statutes is repealed.

AB68,749 Section 749. 40.65 (7) (am) 1m. of the statutes is repealed.

AB68,750 Section 750. 40.65 (7) (am) 3. of the statutes is amended to read:

AB68,659,25 40.65 (7) (am) 3. The total monthly amount paid under subds. 1., 1g., 1m., and 2. may not exceed 70 percent of the participant's monthly salary at the time of death reduced by any amounts under sub. (5) (b) 1. to 6. that relate to the participant's work record.

AB68,751 Section 751. 40.65 (7) (ar) 1. a. of the statutes is amended to read:

AB68,660,9 40.65 (7) (ar) 1. a. To the surviving spouse or the surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB68,752 Section 752. 40.65 (7) (ar) 1. ag. of the statutes is repealed.

AB68,753 Section 753. 40.65 (7) (ar) 1. am. of the statutes is repealed.

AB68,754 Section 754. 40.80 (2r) (a) 1. of the statutes is amended to read:

AB68,660,14 40.80 (2r) (a) 1. Relates to a marriage or domestic partnership that terminated after December 1, 2001.

AB68,755 Section 755. 40.80 (2r) (a) 2. of the statutes is amended to read:

AB68,660,19 40.80 (2r) (a) 2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.

AB68,756 Section 756. 41.53 (1) (k) of the statutes is created to read:

AB68,661,2 41.53 (1) (k) From the appropriation under s. 20.380 (3) (cm), provide a grant to a Native American artist through the program described in par. (fm) for the design, production, and installation of a permanent marker on the University of Wisconsin–Stevens Point campus in recognition of the Native Americans who died due to a scarlet fever epidemic. Notwithstanding pars. (f) and (fm), a grantee may receive funds distributed as a grant under this paragraph regardless of whether the grantee has provided at least 50 percent of the estimated total cost of the project.

AB68,757 Section 757. 42.105 (1) of the statutes is renumbered 42.105.

AB68,758 Section 758. 42.105 (2) of the statutes is repealed.

AB68,759 Section 759 . 45.01 (6) (c) of the statutes is amended to read:

AB68,661,8 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in the place of a parent and who has so acted for not less than 12 months prior to the veteran's entrance into active service.

AB68,760 Section 760. 45.20 (2) (a) 1. of the statutes is amended to read:

AB68,661,16 45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 440.52, enrolling in a public or private high school, enrolling in a tribal school, as defined in s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under s. 36.27 (2r) or 39.47.

AB68,761 Section 761. 45.20 (2) (c) 1. of the statutes is amended to read:

AB68,662,5 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 440.52, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 36.27 (2r) or 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

AB68,762 Section 762. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

AB68,662,13 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 440.52, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 36.27 (2r) or 39.47 is limited to the following:

AB68,763 Section 763. 45.48 (1m) of the statutes is created to read:

AB68,662,20 45.48 (1m) The department shall expend at least $100,000 annually under sub. (1) to promote suicide prevention and awareness by providing outreach, mental health services, and support to individuals who are members of a traditionally underserved population, including minority groups and individuals who reside in rural areas of the state. The department may enter contracts to provide services under this subsection.

AB68,764 Section 764 . 45.51 (3) (c) 2. of the statutes is amended to read:

AB68,662,23 45.51 (3) (c) 2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife spouses.

AB68,765 Section 765 . 45.51 (5) (a) 1. b. of the statutes is amended to read:

AB68,663,4 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time the person entered the service and who became a widow or widower surviving spouse by the death of the person while in the service or as a result of physical disability of the person incurred during the service.

AB68,766 Section 766 . 45.51 (5) (a) 1. c. of the statutes is amended to read:

AB68,663,9 45.51 (5) (a) 1. c. The period during which the surviving spouse was married to and lived with the deceased person under sub. (2) (a) 1. or 2. plus the period of widowhood or widowerhood after the death of the deceased person is 6 months or more.

AB68,767 Section 767 . 45.55 of the statutes is amended to read:

AB68,663,25 45.55 Notes and mortgages of minor veterans. Notwithstanding any provision of this chapter or any other law to the contrary, any minor who served in the active armed forces of the United States at any time after August 27, 1940, and the husband or wife spouse of such a minor may execute, in his or her own right, notes or mortgages, as defined in s. 851.15, the payment of which is guaranteed or insured by the U.S. department of veterans affairs or the federal housing administrator under the servicemen's readjustment act of 1944, the national housing act, or any acts supplementing or amending these acts. In connection with these transactions, the minors may sell, release, or convey the mortgaged property and litigate or settle controversies arising therefrom, including the execution of releases, deeds, and other necessary papers or instruments. The notes, mortgages, releases, deeds, and other necessary papers or instruments when so executed are not subject to avoidance by the minor or the husband or wife spouse of the minor upon either or both of them attaining the age of 18 because of the minority of either or both of them at the time of the execution thereof.

AB68,768 Section 768. 45.82 (2) of the statutes is amended to read:

AB68,664,15 45.82 (2) The department of veterans affairs shall award a grant annually to a county that meets the standards developed under this section if the county executive, administrator, or administrative coordinator certifies to the department that it employs a county veterans service officer who, if chosen after April 15, 2015, 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 bureau of merit recruitment and selection in the department of administration, or is appointed under a civil service competitive examination procedure under s. 59.52 (8) or ch. 63. The grant shall be $8,500 $8,925 for a county with a population of less than 20,000, $10,000 $10,500 for a county with a population of 20,000 to 45,499, $11,500 $12,075 for a county with a population of 45,500 to 74,999, and $13,000 $13,650 for a county with a population of 75,000 or more. The department of veterans affairs shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this subsection.

AB68,769 Section 769. 45.82 (3) of the statutes is amended to read:

AB68,664,18 45.82 (3) Notwithstanding sub. (2), an eligible county with a part-time county veterans service officer shall be eligible for an annual grant not exceeding $500 $525.

AB68,770 Section 770. 45.82 (4) of the statutes is amended to read:

AB68,665,3 45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vu) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants in an amount not to exceed $15,000 $15,750 per grant under this subsection and shall promulgate rules to implement this subsection.

AB68,771 Section 771 . 46.011 (1p) of the statutes is amended to read:

AB68,665,7 46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4).

AB68,772 Section 772 . 46.011 (1p) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,665,12 46.011 (1p) “Juvenile correctional services" means services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4m) or (7g), or 938.357 (3) or (4).

AB68,773 Section 773 . 46.057 (1) of the statutes is amended to read:

AB68,666,8 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 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 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).

AB68,774 Section 774 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act 185 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,667,5 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 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 (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 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).

AB68,775 Section 775. 46.057 (2) of the statutes is amended to read:

AB68,667,16 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) or (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $3,224,100 in fiscal year 2019-20 and $5,429,000 in fiscal year 2020-21, for reimburse the department of health services for the cost of providing services for juveniles placed at the Mendota juvenile treatment center at a per person daily cost specified by the department of health services. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB68,776 Section 776 . 46.10 (2) of the statutes is amended to read:

AB68,668,21 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed, protected, or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., s. 975.17, 1977 stats., s. 55.05 (5), 2003 stats., and s. 55.06, 2003 stats., and ss. 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.055, 55.12, 55.13, 55.135, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services , and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.73, and any person receiving treatment and services from a public or private agency under s. 980.06 (2) (c), 1997 stats., s. 980.08 (5), 2003 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (4) (g) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB68,777 Section 777. 46.22 (1) (c) 1. b. of the statutes is amended to read:

AB68,668,25 46.22 (1) (c) 1. b. `State institutions.' The Mendota Mental Health Institute, the Winnebago Mental Health Institute, centers for the developmentally disabled, and Type 1 juvenile correctional facilities, as defined in s. 938.02 (19) (10p).

AB68,778 Section 778. 46.2895 (8) (a) 1. of the statutes is amended to read:

AB68,669,14 46.2895 (8) (a) 1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages were established in who was covered by a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's wages until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

AB68,779 Section 779. 46.40 (8) of the statutes is amended to read:

AB68,669,19 46.40 (8) Alzheimer's family and caregiver support allocation. Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $2,558,900 $3,058,900 in each fiscal year.

AB68,780 Section 780. 46.48 (3m) of the statutes is created to read:

AB68,669,25 46.48 (3m) Deaf, hard of hearing, and deaf-blind behavioral health treatment center. The department may distribute not more than $1,936,000 in each fiscal year, beginning in fiscal year 2022-23, to a statewide provider of behavioral health treatment services for individuals who are deaf, hard of hearing, or deaf-blind.

AB68,781 Section 781. 46.48 (6) of the statutes is created to read:

AB68,670,5 46.48 (6) Trauma response teams. The department shall annually award a grant equal to $450,000 for the Milwaukee trauma response team. Notwithstanding sub. (1), grants awarded under this subsection shall be from the appropriation under s. 20.435 (5) (bc).

AB68,782 Section 782. 46.48 (7) of the statutes is created to read:

AB68,670,11 46.48 (7) Medication-assisted treatment grants. The department shall award up to $500,000 in fiscal year 2021-22 and up to $1,000,000 annually thereafter to develop or support entities that offer medication-assisted treatment. Notwithstanding sub. (1), grants awarded under this subsection shall be from the appropriation under s. 20.435 (5) (bc).

AB68,783 Section 783. 46.48 (9) of the statutes is created to read:

AB68,670,17 46.48 (9) Substance use harm reduction grant. The department may annually award up to $250,000 to organizations with comprehensive harm reduction strategies for the development or support of substance use harm reduction programs, as determined by the department. Notwithstanding sub. (1), grants awarded under this subsection shall be from the appropriation under s. 20.435 (5) (bc).

AB68,784 Section 784. 46.536 of the statutes is renumbered 46.536 (intro.) and amended to read:

AB68,670,22 46.536 Crisis program enhancement grants. (intro.) From the appropriation under s. 20.435 (5) (cf), the department shall award all of the following grants:

AB68,671,2 (1) A in the total amount of $250,000 in each fiscal biennium to counties or regions comprised of multiple counties to establish or enhance crisis programs to serve individuals having crises in rural areas. The department shall award a grant under this section subsection in an amount equal to one-half the amount of money the county or region provides to establish or enhance crisis programs.

AB68,785 Section 785. 46.536 (2) of the statutes is created to read:

AB68,671,7 46.536 (2) At least $1,250,000 in each fiscal year to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this subsection shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received.

AB68,786 Section 786. 46.536 (3) of the statutes is created to read:

AB68,671,10 46.536 (3) At least $850,000 in each fiscal year to a county with a population of more than 750,000 to enhance mobile crisis teams.

AB68,787 Section 787. 46.537 of the statutes is created to read:

AB68,671,18 46.537 County crisis call center support grants. From the appropriation under s. 20.435 (5) (cj), the department shall award grants to support mental health professionals to provide supervision and consultation to individuals who support crisis call center services. Each county or multicounty program that receives supervision and consultation services from a grant recipient described under this section shall contribute at least 10 percent of the costs of the services that the grant recipient incurs for the purpose that the grant is received.

AB68,788 Section 788. 46.87 (5m) of the statutes is amended to read:

AB68,672,2 46.87 (5m) A person is financially eligible for the program under this section if the joint income of the person with Alzheimer's disease and that person's spouse, if any, is $48,000 $55,000 per year or less, unless the department sets a higher limitation on income eligibility by rule. In determining joint income for purposes of this subsection, the administering agency shall subtract any expenses attributable to the Alzheimer's-related needs of the person with Alzheimer's disease or of the person's caregiver.

AB68,789 Section 789 . 46.977 (1) (intro.) and (a) of the statutes are consolidated, renumbered 46.977 (1) and amended to read:

AB68,672,6 46.977 (1) Definitions Definition. In this section : (a) “Guardian", “guardian” has the meaning given in s. 54.01 (10).

AB68,790 Section 790 . 46.977 (1) (b) of the statutes is renumbered 46.977 (2) (ag) and amended to read:

AB68,672,11 46.977 (2) (ag) “Organization" In this subsection, “organization” means a private, nonprofit agency or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437.

AB68,791 Section 791 . 46.977 (2) (a) of the statutes is renumbered 46.977 (2) (am) and amended to read: