49.85 (1) COUNTY DEPARTMENT NOTIFICATION REQUIREMENT. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that it or the department of health and social services may recover an amount under s. 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e) or that the department of industry, labor and human relations may recover an amount under s. 49.125 (1) or (2m) or 49.195 (3) or (4m), the county department or governing body shall notify the affected department of health and social services of the determination.
****NOTE: This is reconciled 46.254 (1). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2147. 46.254 (2) of the statutes is amended to read:
46.254 (2) DEPARTMENT CERTIFICATION. At least annually, the department shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department has determined that it may recover to be due under ss. 49.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e), except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.
****NOTE: This is reconciled s. 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.
SECTION 2148. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2147, is amended to read:
46.254 (2) DEPARTMENT CERTIFICATION. At least annually, the department shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department has determined to be due under ss. 49.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e), except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.
****NOTE: This is reconciled 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2149. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2147 and 2148, is renumbered 49.85 (2) (a) and amended to read:
49.85 (2) (a) At least annually, the department of health and social services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department of health and social services has determined to be due under ss. 49.125 (1) and (2m), 49.195 (3) and (4m) and s. 49.497 (1) and (2e), except that the department of health and social services may not certify an amount under this subsection unless the department it has met the notice requirements under sub. (3) and unless the department's its determination has either not been appealed or is no longer under appeal.
****NOTE: This is reconciled 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a) (intro.) and amended to read:
49.85 (3) (a) (intro.) At least 30 days before certification of an amount, the department of health and social services shall send a notice to the last-known address of the person from whom the that department intends to recover the amount. The notice shall do all of the following:
SECTION 2151. 46.254 (3) (a) of the statutes is amended to read:
46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), for setoff from any state tax refund that may be due the person.
****NOTE: This is reconciled s. 46.254 (3). This SECTION has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.
SECTION 2152. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2151, is amended to read:
46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), for setoff from any state tax refund that may be due the person.
****NOTE: This is reconciled 46.254 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2153. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2151 and 2152, is renumbered 49.85 (3) (a) 1. and amended to read:
49.85 (3) (a) 1. Inform the person that the department of health and social services intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), for setoff from any state tax refund that may be due the person.
****NOTE: This is reconciled s. 46.254 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a) 2. to 5. and amended to read:
49.85 (3) (a) 2. Inform the person that he or she may appeal the department's determination of the department of health and social services to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
3. Inform the person that, if the department's determination of the department of health and social services is appealed, the that department will not certify the amount to the department of revenue while the determination of the department of health and social services is under appeal.
4. Inform the person that, unless a contested case hearing is requested to appeal the department's determination of the department of health and social services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
5. Request that the person inform the department of health and social services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
SECTION 2155. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.
SECTION 2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and amended to read:
49.85 (4) (a) If a person has requested a hearing under this subsection, the department of health and social services shall hold a contested case hearing under s. 227.44, except that the department of health and social services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
SECTION 2157. 46.254 (5) of the statutes is renumbered 49.85 (5) and amended to read:
49.85 (5) EFFECT OF CERTIFICATION. Receipt of a certification by the department of revenue 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. Certification of an amount under this section does not prohibit the department of health and social services or the department of industry, labor and human relations from attempting to recover the amount through other legal means. The department of health and social services or the department of industry, labor and human relations shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.
SECTION 2158. 46.258 (1) of the statutes is amended to read:
46.258 (1) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
SECTION 2159. 46.258 (2) (a) (intro.) of the statutes is amended to read:
46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (g) (ga), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
SECTION 2160. 46.258 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
****NOTE: This is reconciled s. 46.258 (2) (a) (intro.). This SECTION has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1.
SECTION 2161. 46.26 (2) (a) of the statutes is amended to read:
46.26 (2) (a) All funds to counties under this section shall be allocated to county departments under ss. 46.21, 46.22 and 46.23 subject to ss. 46.031 and 49.52 (2) 46.495 (2), except that monthly advance payments to the counties may be less than one-twelfth of the contracted amounts. No reimbursement may be made to any multicounty department until the counties which established the department have drawn up a detailed contractual agreement, approved by the secretary of health and social services, setting forth the plans for joint sponsorship.
SECTION 2162. 46.26 (2) (c) of the statutes is amended to read:
46.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under ss. s. 46.17 and, 46.175 or 301.37, for reimbursement of costs under s. 48.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.
SECTION 2163. 46.26 (3) (c) of the statutes is amended to read:
46.26 (3) (c) Subject to pars. (dd), (de) and (dg), within Within the limits of the appropriations under s. 20.435 (3) (cd) and (oo), the department of health and social services shall allocate funds to each county for services under this section.
SECTION 2164. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.
****NOTE: This is reconciled s. 46.26 (3) (d). This SECTION has been affected by drafts with the following LRB numbers: 2480/3 and 2772/3.
SECTION 2165. 46.26 (3) (dd) of the statutes is repealed.
****NOTE: This is reconciled s. 46.26 (3) (dd). This SECTION has been affected by drafts with the following LRB numbers: -2480/3 and 2772/3.
SECTION 2166. 46.26 (3) (de) of the statutes is repealed.
SECTION 2167. 46.26 (3) (dg) of the statutes is repealed.
SECTION 2168. 46.26 (3) (dm) of the statutes is amended to read:
46.26 (3) (dm) The department of health and social services may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 3% 5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.
SECTION 2169. 46.26 (3) (em) of the statutes is created to read:
46.26 (3) (em) The department of health and social services may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.
SECTION 2170. 46.26 (3) (f) of the statutes is repealed.
SECTION 2171. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 19 18 years of age or provided to a person subject to an order under s. 48.34 (4g). Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
SECTION 2172. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
46.26 (4) (a) Except as provided in par. (c), the department of health and social services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for the costs of care, services and supplies purchased or provided by the department of health and social services for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving services under s. 48.366. The department of health and social services may not bill a county for or deduct from a county's allocation the cost of care, services and supplies provided to a person subject to an order under s. 48.366 after the person reaches 18 years of age or provided to a person subject to an order under s. 48.34 (4g). Payment shall be due within 60 days of the billing date. If any payment has not been received within 60 days, the department of health and social services may withhold aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
****NOTE: This is reconciled s. 46.26 (4) (a). This SECTION has been affected by drafts with the following LRB numbers: -2478/2 and -2480/3.
SECTION 2173. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act 377, is renumbered 46.26 (4) (b) and amended to read:
46.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on the basis of a the per person per day cost estimate adjusted at least annually by the department specified in par. (d) 2. to 4. Except as provided in pars. (bm), (c), (cm) and (dr), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court exercising jurisdiction under ch. 48 for each person receiving services from the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under s. 48.366. Except as provided in pars. (bm), (c), (cm) and (dr), in multicounty court jurisdictions, the county of residency within the jurisdiction shall be liable for costs under this subsection. Assessment of costs under par. (a) shall also be made according to the general placement type or level of care provided, as defined by the department, and prorated according to the ratio of the amount designated under sub. (3) (c) and (d) to the total applicable estimated costs of care, services and supplies provided by the department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under ss. 48.34 (4g) and 48.366.
****NOTE: This is reconciled s. 46.26 (4) (b). This SECTION has been affected by drafts with the following LRB numbers: 2480/3 and 2772/3.
SECTION 2174. 46.26 (4) (b) 2. of the statutes is repealed.
SECTION 2175. 46.26 (4) (bm) of the statutes is amended to read:
46.26 (4) (bm) Notwithstanding par. (b) 1., the county department under s. 46.21, 46.22 or 46.23 of the county of residency of a child who has been adjudicated delinquent by a court of another county or by a court of another multicounty jurisdiction may voluntarily assume liability for the costs payable under par. (a). A county department may assume liability under this paragraph by a written agreement signed by the director of the county department that assumes liability under this paragraph and the director of the county department that is otherwise liable under par. (b) 1.
SECTION 2176. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr), the department of health and social services shall pay, from the appropriation under s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the guardianship of the department pursuant to an order under ch. 48 at the time that the person was adjudicated delinquent.
SECTION 2177. 46.26 (4) (cm) of the statutes is repealed.
****NOTE: This is reconciled s. 46.26 (4) (cm). This SECTION has been affected by drafts with the following LRB numbers: -2480/3 and -2772/3
SECTION 2178. 46.26 (4) (d) 1. of the statutes is amended to read:
46.26 (4) (d) 1. Except as provided in pars. (e) (dr) to (g), for services under s. 48.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm). As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).
****NOTE: This is reconciled s. 46.26 (4) (d). This SECTION has been affected by drafts with the following LRB numbers: 2481/3 and 2772/3.
SECTION 2179. 46.26 (4) (d) 1m. of the statutes is amended to read:
46.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s. 48.366, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (3) (hm) for services provided by the department of health and social services or s. 20.410 (1) (hx) for services provided by the department of corrections. As adjustments in the assessments under this subsection are made, there shall be a proportionate adjustment in the allocations to counties under sub. (3) (d).
SECTION 2180. 46.26 (4) (d) 2. of the statutes is amended to read:
46.26 (4) (d) 2. Beginning July 1, 1993 1995, and ending December 31, 1993 1995, the per person daily cost assessment to counties shall be $101.55 $127.98 for care in a juvenile correctional institution, $101.55 operated by the department, $127.98 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $131.65 $147.84 for care in a child caring institution, $92.03 $102.44 for care in a group home for children, $21.02 $22.84 for care in a foster home, $58.37 $65.94 for care in a treatment foster home, $81.55 for departmental corrective sanctions services and $11.57 $13 for departmental aftercare services.
****NOTE: This is reconciled s. 46.26 (4) (d) 2. This SECTION has been affected by drafts with the following LRB numbers: 2481/3 and 2772/3.
SECTION 2181. 46.26 (4) (d) 3. of the statutes is amended to read:
46.26 (4) (d) 3. In calendar year 1994 Beginning January 1, 1996, and ending June 30, 1996, the per person daily cost assessment to counties shall be $111.73 $127.98 for care in a juvenile correctional institution, $111.73 operated by the department, $127.98 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $141.05 $153.80 for care in a child caring institution, $98.47 $106.60 for care in a group home for children, $22.49 $23.80 for care in a foster home, $62.46 $68.58 for care in a treatment foster home, $66.75 $81.55 for departmental corrective sanctions services and $12.96 $13 for departmental aftercare services.
****NOTE: This is reconciled s. 46.26 (4) (d) 3. This SECTION has been affected by drafts with the following LRB numbers: 2481/3 and 2772/3.
SECTION 2182. 46.26 (4) (d) 3m. of the statutes is created to read:
46.26 (4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the per person daily cost assessment to counties shall be the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $153.87 for care in a child caring institution, $106.69 for care in a group home for children, $23.80 for care in a foster home, $68.58 for care in a treatment foster home, $82.11 for departmental corrective sanctions services and $13.28 for departmental aftercare services.
SECTION 2183. 46.26 (4) (d) 4. of the statutes is amended to read:
46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995 1997, the per person daily cost assessment to counties shall be $115.68 for care in a juvenile correctional institution, $115.68 for care for children transferred from a juvenile correctional institution under s. 51.35 (3), the dollar amount set by the department of corrections by rule for maintaining a prisoner in an adult correctional institution, $146.07 $156.98 for care in a child caring institution, $101.92 $108.86 for care in a group home for children, $23.28 $24.29 for care in a foster home, $64.65 $69.95 for care in a treatment foster home, $66.75 $82.11 for departmental corrective sanctions services and $12.96 $13.29 for departmental aftercare services.
****NOTE: This is reconciled s. 46.26 (4) (d) 4. This SECTION has been affected by drafts with the following LRB numbers: 2481/3 and 2772/3.
SECTION 2184. 46.26 (4) (dm) of the statutes is amended to read:
46.26 (4) (dm) The department of health and social services corrections shall promulgate rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a person in an adult correctional institution. The rate shall not vary according to the adult correctional institution where a person is placed. The rate shall reflect the average daily cost associated with maintaining prisoners in adult correctional institutions.
****NOTE: This is reconciled s. 46.26 (4) (dm). This SECTION has been affected by drafts with the following LRB numbers: 2479/4 and 2772/3.
SECTION 2185. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:
46.26 (4) (dr) For youthful serious juvenile offender services provided by the department of health and social services under s. 48.34 (4g), all payments received from the department of corrections under s. 48.537 (6) shall be deposited in the appropriation account under s. 20.435 (3) (k).
SECTION 2186. 46.26 (4) (dt) of the statutes is created to read:
46.26 (4) (dt) For serious juvenile offender services provided by the department of corrections under s. 48.537 (3) (a) 1., all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation account under s. 20.410 (1) (hm).
****NOTE: This is reconciled s. 46.26 (4) (dt). This SECTION has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.
SECTION 2187. 46.26 (4) (ed) of the statutes is created to read:
46.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 48.533 (3) and (8), 48.557 and 49.19 (10) (d) all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (1) (ho).
****NOTE: This is reconciled s. 46.26 (4) (ed). This SECTION has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.
SECTION 2188. 46.26 (4) (eg) of the statutes is repealed.
SECTION 2189. 46.26 (4) (f) of the statutes is amended to read:
46.26 (4) (f) For services under s. 51.35 (3), payments made under sub. (4) par. (d) for services to children who are ineligible for medical assistance under s. 49.46 or 49.47 subch. IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.
SECTION 2190. 46.26 (4) (g) of the statutes is amended to read:
46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 and for the juvenile offender review program in the division of youth services in the department of health and social services, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.
SECTION 2191. 46.26 (7) (intro.) of the statutes is amended to read:
46.26 (7) ALLOCATIONS OF FUNDS. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.435 (3) (cd) and (oo), the department shall allocate funds for community youth and family aids for the period beginning July 1, 1993 1995, and ending June 30, 1995 1997, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
SECTION 2192. 46.26 (7) (a) of the statutes is amended to read:
46.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $36,190,500 $38,030,400 for the last 6 months of 1993, $72,381,000 for 1994 and $36,190,500 1995, $38,030,400 for the first 6 months of 1996, $34,467,700 for the last 6 months of 1996 and $30,572,700 for the first 6 months of 1995 1997.
SECTION 2193. 46.26 (7) (b) 1. of the statutes is amended to read:
46.26 (7) (b) 1. For an adjustment to compensate selected counties, amounts not to exceed $4,991,100 for the last 6 months of 1993, $5,991,300 for 1994 1995 and $1,000,200 for the first 6 months of 1995 1996.
