AB50: Bill Text

AB50,447,13 46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or ch. 767 or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats.

AB50,735 Section 735. 46.10 (2) of the statutes is amended to read:

AB50,448,19 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.

AB50,736 Section 736. 46.10 (14) (e) 1. of the statutes is amended to read:

AB50,449,7 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), or 48.363 (2) or s. 48.355 (2) (b) 4., 2023 stats., or s. 48.357 (5m) (a), 2023 stats., for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB50,737 Section 737. 46.275 (5) (e) of the statutes is repealed.

AB50,738 Section 738. 46.2895 (8) (a) 1. of the statutes is amended to read:

AB50,449,22 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.

AB50,739 Section 739. 46.40 (8) of the statutes is amended to read:

AB50,450,3 46.40 (8) Alzheimer’s family and caregiver support allocation. Subject to sub. (9), the department cannot distribute more than $3,058,900 $3,558,900 in each fiscal year for services to persons with Alzheimer’s disease and their caregivers under s. 46.87.

AB50,740 Section 740. 46.47 (1) (b) of the statutes is amended to read:

AB50,450,7 46.47 (1) (b) The county or tribe has an established drug court, as defined alternatives to prosecution and incarceration program, as described in s. 165.955 (1) 165.95 (3).

AB50,741 Section 741. 46.48 (16) of the statutes is created to read:

AB50,450,10 46.48 (16) Assistive technology. The department may distribute not more than $250,000 in each fiscal year for grants to provide assistive technology services.

AB50,742 Section 742. 46.48 (21) of the statutes is created to read:

AB50,450,16 46.48 (21) Trauma resilience grant. The department may distribute not more than $250,000 in fiscal year 2025-26 and not more than $250,000 in fiscal year 2026-27 as a grant to an organization in the city of Milwaukee to support the needs of individuals impacted by trauma and to develop the capacity of organizations to treat and prevent trauma.

AB50,743 Section 743. 46.48 (21) of the statutes, as created by 2025 Wisconsin Act .... (this act), is repealed.

AB50,744 Section 744. 46.48 (24) of the statutes is created to read:

AB50,450,23 46.48 (24) Pediatric health psychology residency and fellowship training programs. The department may distribute not more than $600,000 in each fiscal year as grants to support pediatric health psychology residency and fellowship training programs.

AB50,745 Section 745. 46.48 (27) of the statutes is created to read:

AB50,451,7 46.48 (27) Community-based withdrawal management centers. From the appropriation under s. 20.435 (5) (bc), the department shall distribute not more than $500,000 in each fiscal year for grants to community-based withdrawal centers, including those certified as an adult residential integrated behavioral health stabilization service, residential intoxication monitoring service, or residential withdrawal management service, as those terms are defined under s. 49.45 (30p) (a) 1., 4., and 5.

AB50,746 Section 746. 46.48 (33) of the statutes is created to read:

AB50,451,11 46.48 (33) Diaper bank grants. The department may distribute not more than $500,000 in each fiscal year as grants to diaper banks to provide diapers to families in need.

AB50,747 Section 747. 46.48 (34) of the statutes is created to read:

AB50,451,15 46.48 (34) Maternal and child health. The department may distribute not more than $800,000 in each fiscal year as grants to local and community-based organizations whose mission is to improve maternal and child health in this state.

AB50,748 Section 748. 46.48 (35) of the statutes is created to read:

AB50,451,19 46.48 (35) Psychiatric residential treatment facilities. The department may distribute not more than $1,790,000 in each fiscal year to support psychiatric residential treatment facilities under s. 51.044.

AB50,749 Section 749. 46.482 (1) (a) of the statutes is renumbered 46.482 (1) (bm).

AB50,750 Section 750. 46.482 (1) (am) of the statutes is created to read:

AB50,451,24 46.482 (1) (am) “Certified peer specialist” means an individual described under s. 49.45 (30j) (a) 1m. who has met the certification requirements established by the department.

AB50,751 Section 751. 46.482 (1) (b) of the statutes is renumbered 46.482 (1) (c) and amended to read:

AB50,452,5 46.482 (1) (c) “Peer recovery coach” means an individual described under s. 49.45 (30j) (a) 2. 3. who has completed the training requirements specified under s. 49.45 (30j) (b) 4.

AB50,752 Section 752. 46.482 (2) (a) of the statutes is amended to read:

AB50,452,9 46.482 (2) (a) Use peer recovery coaches and certified peer specialists to encourage individuals to seek treatment for a substance use disorder following an overdose.

AB50,753 Section 753. 46.482 (2) (f) of the statutes is amended to read:

AB50,452,13 46.482 (2) (f) Collect and evaluate data on the outcomes of patients receiving peer recovery coach or certified peer specialist services and coordination and continuation of care services under this section.

AB50,754 Section 754. 46.533 of the statutes is created to read:

AB50,452,18 46.533 Suicide and crisis lifeline; grants. (1) In this section, “national crisis hotline” means the telephone or text access number “988,” or its successor, that is maintained under the federally administered program under 42 USC 290bb- 36c.

AB50,452,22 (2) From the appropriation under s. 20.435 (5) (ch), the department shall award grants to organizations that provide crisis intervention services and crisis care coordination to individuals who contact the national crisis hotline from anywhere within this state.

AB50,755 Section 755. 46.536 (1) of the statutes is renumbered 46.536 (1) (intro.) and amended to read:

AB50,453,4 46.536 (1) (intro.) From the appropriation under s. 20.435 (5) (cf), the department shall award all of the following grants in the:

AB50,453,13 (a) A 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 or counties, municipalities, or regions comprised of multiple counties or municipalities to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this section paragraph shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received. The department may not award any single grant in an amount greater than $100,000.

AB50,756 Section 756. 46.536 (1) (b) of the statutes is created to read:

AB50,453,19 46.536 (1) (b) A total amount of $2,000,000 in each fiscal biennium to counties, regions comprised of multiple counties, or municipalities to establish and enhance law enforcement and behavioral health services emergency response collaboration programs. Grant recipients under this paragraph shall match at least 25 percent of the grant amount awarded for the purpose that the grant is received.

AB50,757 Section 757. 46.73 of the statutes is created to read:

AB50,453,23 46.73 Community dental health coordinators. From the appropriations under s. 20.435 (4) (bm) and (pa), the department shall award grants to support community dental health coordinators in rural regions of the state.

AB50,758 Section 758. 46.74 of the statutes is created to read:

AB50,454,3 46.74 Grants for mobile dental clinics. The department shall award grants to community health centers, as defined in s. 250.15 (1) (a), to procure and operate mobile dental clinics.

AB50,759 Section 759. 46.995 (4) of the statutes is created to read:

AB50,454,8 46.995 (4) The department shall ensure that any child who is eligible and who applies for the disabled children’s long-term support program that is operating under a waiver of federal law receives services under the disabled children’s long‑term support program that is operating under a waiver of federal law.

AB50,760 Section 760. 47.02 (3m) (f) of the statutes is amended to read:

AB50,454,17 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability, and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

AB50,761 Section 761. 48.02 (1d) of the statutes is amended to read:

AB50,454,22 48.02 (1d) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

AB50,762 Section 762. 48.02 (2) of the statutes is amended to read:

AB50,455,5 48.02 (2) “Child,” when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “child” does not include a person who has attained 17 years of age.

AB50,763 Section 763. 48.02 (13) of the statutes is amended to read:

AB50,456,3 48.02 (13) “Parent” means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the child is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person conclusively determined from genetic test results to be the father under s. 767.804 or, a person acknowledged under s. 767.805 or a substantially similar law of another state to be a natural parent, or a person adjudicated to be the biological father a natural parent. “Parent” does not include any person whose parental rights have been terminated. For purposes of the application of s. 48.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent” means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian child, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB50,764 Section 764. 48.025 (title) of the statutes is amended to read:

AB50,456,6 48.025 (title) Declaration of paternal parental interest in matters affecting children.

AB50,765 Section 765. 48.025 (2) (b) of the statutes is amended to read:

AB50,456,12 48.025 (2) (b) A declaration under sub. (1) may be filed at any time before the birth of the child or within 14 days after the birth of the child, except that a man person who receives a notice under s. 48.42 (1g) (b) may file a declaration within 21 days after the date on which the notice was mailed. This paragraph does not apply to a declaration filed before July 1, 2006.

AB50,766 Section 766. 48.025 (3) (c) of the statutes is amended to read:

AB50,457,5 48.025 (3) (c) A court in a proceeding under s. 48.13, 48.133, 48.14, or 938.13 or under a substantially similar law of another state or a person authorized to file a petition under s. 48.25, 48.42, 48.837, or 938.25 or under a substantially similar law of another state may request the department to search its files to determine whether a person who may be the father parent of the child who is the subject of the proceeding has filed a declaration under this section. If the department has on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a copy of the declaration. If the department does not have on file a declaration of paternal parental interest in matters affecting the child, the department shall issue to the requester a statement that no declaration could be located. The department may require a person who requests a search under this paragraph to pay a reasonable fee that is sufficient to defray the costs to the department of maintaining its file of declarations and publicizing information relating to declarations of paternal parental interest under this section.

AB50,767 Section 767. 48.233 (2) of the statutes is amended to read:

AB50,457,8 48.233 (2) This section does not apply to a proceeding commenced on or after June 2025 January 1, 2027 under s. 48.13.

AB50,768 Section 768. 48.233 (3) of the statutes is amended to read:

AB50,457,19 48.233 (3) The state public defender may promulgate rules necessary to implement the pilot program established under sub. (1). The state public defender may promulgate the rules under this subsection as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the state public defender 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. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in effect until four years after June 30, 2021 January 1, 2027.

AB50,769 Section 769. 48.233 (4) of the statutes is amended to read:

AB50,458,2 48.233 (4) By January 1, 2025 2027, the department and the state public defender shall each submit a report to the joint committee on finance, and to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), regarding costs and data from implementing the pilot program under sub. (1).

AB50,770 Section 770. 48.27 (3) (b) 1. a. of the statutes is amended to read:

AB50,458,5 48.27 (3) (b) 1. a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB50,771 Section 771. 48.27 (3) (b) 1. b. of the statutes is amended to read:

AB50,458,10 48.27 (3) (b) 1. b. A person alleged to the court to be the father a parent of the child or who may, based on the statements of the mother parent who gave birth to the child or other information presented to the court, be the father a parent of the child.

AB50,772 Section 772. 48.27 (5) of the statutes is amended to read:

AB50,458,18 48.27 (5) Subject to sub. (3) (b), the court shall make every reasonable effort to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the child in a judicial proceeding unless the person’s parental rights have been terminated.

AB50,773 Section 773. 48.299 (6) (intro.) of the statutes is amended to read:

AB50,459,2 48.299 (6) (intro.) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice, alleges that he or she is the father a parent of the child, and states that he or she wishes to establish the paternity parentage of the child, all of the following apply:

AB50,774 Section 774. 48.299 (6) (e) 1. of the statutes is amended to read:

AB50,459,8 48.299 (6) (e) 1. In this paragraph, “genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a child’s father parent is the child’s biological father parent.

AB50,775 Section 775. 48.299 (6) (e) 2. of the statutes is amended to read:

AB50,459,12 48.299 (6) (e) 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he or she may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

AB50,776 Section 776. 48.299 (6) (e) 3. of the statutes is amended to read:

AB50,460,3 48.299 (6) (e) 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the child, the court may order any man person specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court- appointed expert stating genetic test results and the statistical probability that the man person alleged to be the child’s father parent is the child’s biological father parent based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

AB50,777 Section 777. 48.299 (6) (e) 4. of the statutes is amended to read:

AB50,460,9 48.299 (6) (e) 4. If the genetic tests show that an alleged father parent is not excluded and that the statistical probability that the alleged father parent is the child’s biological father parent is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter, other than a proceeding under subch. VIII, the man person is the child’s biological parent.

AB50,778 Section 778. 48.299 (7) of the statutes is amended to read:

AB50,460,19 48.299 (7) If a man person who has been given notice under s. 48.27 (3) (b) 1., 48.977 (4) (c) 1., 48.978 (2) (c) 1., or 48.9795 (4) (c) 1. appears at any hearing for which he or she received the notice but does not allege that he or she is the father a parent of the child and state that he or she wishes to establish the paternity parentage of the child or if no man person to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity parentage of the child.

AB50,779 Section 779. 48.33 (4) (b) of the statutes is repealed.