270.
Page 698, line 8: substitute "73.255" for "49.855".
271.
Page 712, line 5: on lines 5 and 7, substitute "revenue" for "industry, labor and human relations; and substitute "73.25" for "49.143".
272.
Page 737, line 21: delete the material beginning with that line and ending with page 738, line 13, and substitute:
"SECTION 2128bm. 46.25 (title) of the statutes is renumbered 73.35 (title).
SECTION 2128bn. 46.25 (1) of the statutes is renumbered 73.25 (1m).
SECTION 2128bp. 46.25 (2) to (7) of the statutes are renumbered 73.25 (2) to (7), and 73.25 (7), as renumbered, is amended to read:".
273.
Page 738, line 14: before "(7)" insert "73.25".
274.
Page 739, line 2: substitute "20.566 (4)" for "(4) 20.445 (3)".
275.
Page 739, line 14: substitute "73.25" for "49.143", in both places.
276.
Page 739, line 16: substitute "73.25" for "49.143".
277.
Page 739, line 21: substitute "73.255" for "49.855".
278.
Page 744, line 8: delete the material beginning with that line and ending with page 747, line 3, and substitute:
"SECTION 2157em. 46.255 (title) and (1) of the statutes are renumbered 73.255 (title) and (1).
SECTION 2157f. 46.255 (2) of the statutes is repealed.
SECTION 2157g. 46.255 (2m) of the statutes is renumbered 73.255 (2) and amended to read:
73.255 (2) At least annually, the department of health and social services shall certify to the department of revenue any obligation owed to the department of health and social services under s. 46.10 if the obligation is rendered to a judgment.
SECTION 2157h. 46.255 (3) of the statutes is renumbered 73.255 (3) and amended to read:
73.255 (3) Receipt of a certification by the department of revenue a certification under sub. (1) or (2) or a certification of a delinquency or outstanding amount from another state because the obligor resides in this state shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.
SECTION 2157i. 46.255 (4) of the statutes is renumbered 73.255 (4) and amended to read:
73.255 (4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld to the department of health and social services for distribution to the appropriate clerk of circuit court. The department of health and social services shall make a settlement at least annually with the department of revenue and with each clerk of circuit court who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court and the administrative costs incurred by the department of revenue. The department of health and social services may charge the county whose clerk of circuit court certified the obligation or outstanding amount the related administrative costs incurred by the department of health and social services and the department of revenue.
SECTION 2157im. 46.255 (4m) (a) of the statutes is renumbered 73.255 (4m) (a).
SECTION 2157j. 46.255 (4m) (b) of the statutes is renumbered 73.255 (4m) (b) and amended to read:
73.255 (4m) (b) The department may provide a certification that it receives under sub. (1) or (2) or (2m) or a certification of a delinquency or outstanding amount that it receives from another state because the obligor resides in this state to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46, 49 or 108. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46, 49 or 108, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.
SECTION 2157k. 46.255 (4m) (c) of the statutes is renumbered 73.255 (4m) (c) and amended to read:
73.255 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of health and social services, or to the department of revenue for distribution to the appropriate clerk of court, whichever is appropriate.
SECTION 2157km. 46.255 (4m) (d) of the statutes is renumbered 73.255 (4m) (d).
SECTION 2157L. 46.255 (5) of the statutes is renumbered 73.255 (5) and amended to read:
73.255 (5) Certification of an obligation to the department of health and social services does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court shall immediately notify the department of any collection of an obligation that has been certified. The department shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.
SECTION 2157m. 46.255 (6) of the statutes is renumbered 73.255 (6).
SECTION 2157n. 46.255 (7) of the statutes is renumbered 73.255 (7).".
279.
Page 747, line 4: substitute "73.258" for "49.163".
280.
Page 747, line 19: on lines 19 and 20, substitute "73.258" for "49.163".
281.
Page 747, line 20: substitute "20.566 (4)" for "(4) 20.445 (3)".
282.
Page 748, line 14: on lines 14, 15, 20, 21 and 22, substitute "73.258" for "49.163".
283.
Page 748, line 15: substitute "20.566 (4)" for "(4) 20.445 (3)".
284.
Page 748, line 25: substitute "73.25" for "49.143".
285.
Page 749, line 1: on lines 1 and 3, substitute "73.258" for "49.163".
286.
Page 749, line 5: substitute "73.25" for "49.143".
287.
Page 761, line 7: after that line insert:
"SECTION 2209w. 46.27 (1) (ai) of the statutes is created to read:
46.27 (1) (ai) "Community-based residential facility" means a facility that meets the definition in s. 50.01 (1g) and that is licensed under s. 50.03 (1).".
288.
Page 769, line 3: delete ", as defined in s. 50.01 (1g),".
289.
Page 769, line 6: delete "has no more than 16 beds" and substitute "is licensed on the effective date of this subd. 1. a. .... [revisor inserts date],".
290.
Page 783, line 1: delete "$11,374,700" and substitute "$11,299,700".
291.
Page 783, line 2: delete "$11,572,700" and substitute "$11,497,700".
292.
Page 800, line 6: delete lines 6 to 12.
293.
Page 817, line 18: on lines 18 and 19 and lines 22 and 23, substitute "revenue" for "industry, labor and human relations".
294.
Page 817, line 25: substitute "revenue" for "industry,".
295.
Page 818, line 1: delete the underscored material.
296.
Page 830, line 19: delete the material beginning with that line and ending with page 831, line 3.
297.
Page 831, line 16: substitute "revenue" for "industry, labor and human relations".
298.
Page 831, line 17: substitute "73.25" for "49.143".
299.
Page 832, line 8: substitute "revenue" for "industry, labor and human relations".
300.
Page 832, line 9: substitute "73.25" for "49.143".
301.
Page 837, line 7: after that line insert:
"SECTION 2465n. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), section 2465m, is amended to read:
48.355 (4) (a) Except as provided under par. (b) or s. 48.368, all orders under this section shall terminate at the end of one year unless the judge specifies a shorter period of time. Except if s. 48.368 applies, extensions or revisions shall terminate at the end of one year unless the judge specifies a shorter period of time. No extension under s. 48.365 of an original dispositional order may be granted for a child whose legal custody has been transferred to the department of corrections under s. 48.34 (4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n) or under the supervision of a county department under s. 48.34 (4n) if the child is 18 17 years of age or older when the original dispositional order terminates. Any order made before the child reaches the age of majority shall be effective for a time up to one year after its entry unless the judge specifies a shorter period of time.".
****NOTE: This item is necessary to effect the intent that the age of adult criminal jurisdiction be lowered to age 17 effective January 1, 1996.
302.
Page 837, line 9: after "(this act)," insert "sections 2465m and 2465n,".
****NOTE: Required by the amendment of s. 48.355 (4) (a) in this technical amendment.
303.
Page 842, line 15: substitute "revenue" for "industry, labor and human relations".
304.
Page 842, line 16: substitute "73.25" for "49.143".
305.
Page 843, line 10: on lines 10 and 11, substitute "revenue" for "industry, labor and human relations".
306.
Page 843, line 12: substitute "73.25" for "49.143".
307.
Page 844, line 16: substitute "revenue" for "industry, labor and human relations".
308.
Page 844, line 17: substitute "73.25" for "49.143".
309.
Page 844, line 23: on lines 23 and 24, delete "supervision" and substitute "supervision".
****NOTE: Corrects a drafting error in b0303/3.
310.
Page 888, line 12: delete lines 12 to 20.
311.
Page 889, line 13: after that line insert:
"SECTION 2611q. 48.78 (2) (d) 4m. of the statutes is created to read:
48.78 (2) (d) 4m. On community supervision to the department of corrections under s. 973.095.".
312.
Page 928, line 17: delete lines 17 to 25.
313.
Page 933, line 7: delete lines 7 to 15.
314.
Page 939, line 6: substitute "20.566 (4)" for "(4) 20.445 (3)".
315.
Page 939, line 7: after "partment" insert "of revenue".
316.
Page 939, line 15: substitute "20.566 (4)" for "(4) 20.445 (3)".
317.
Page 939, line 16: after "partment" insert "of revenue".
318.
Page 945, line 2: substitute "20.566 (4)" for "(4) 20.445 (3)"; and after "department" insert "of revenue".
319.
Page 947, line 5: delete lines 5 to 8 and substitute:
"SECTION 2925d. 49.30 (1m) of the statutes is created to read:
49.30 (1m) (a) If the total cemetery expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under sub. (1) (a).
(b) If the total funeral and burial expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under sub. (1) (b).".
320.
Page 948, line 2: delete lines 2 to 4 and substitute: "a county department under s. 46.215, 46.22 or 46.23, except where, as determined by the department, a fee is administratively".
321.
Page 972, line 20: after that line insert:
"SECTION 2988b. 49.45 (8f) of the statutes is created to read:
49.45 (8f) LIMITS ON REIMBURSEMENT OF PROVIDERS OF HOME HEALTH SERVICES. (a) For any home health, personal care or private-duty nursing service provided to a medical assistance recipient in a month, the department may require, as a condition of reimbursement, that the provider charge the department the lesser of the following for the service:
1. The amount that the federal medicare program reimburses for a service, separately identified under 42 CFR Part 413, including skilled nursing service, home health aid service and physical therapy service.
2. The provider's usual and customary charge for providing the service.
3. A maximum reimbursement rate, determined by the department, for the service.
(b) When a provider is required to charge the department a price under par. (a), the department may not reimburse the provider for more than that amount.".
322.
Page 972, line 24: delete "and (8e)" and substitute ", (8e) and (8f)".
