AB150, s. 2147 11Section 2147 . 46.254 (2) of the statutes is amended to read:
AB150,849,2012 46.254 (2) Department certification. At least annually, the department shall
13certify to the department of revenue the amounts that, based on the notifications
14received under sub. (1) and on other information received by the department of
15health and social services, the department has determined that it may recover to be
16due
under ss. 49.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e),
17except that the department may not certify an amount under this subsection unless
18the department has met the notice requirements under sub. (3) and unless the
19department's determination has either not been appealed or is no longer under
20appeal.
****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.
AB150, s. 2148
1Section 2148 . 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act ....
2(this act), section 2147, is amended to read:
AB150,850,113 46.254 (2) Department certification. At least annually, the department shall
4certify to the department of revenue the amounts that, based on the notifications
5received under sub. (1) and on other information received by the department of
6health and social services, the department has determined to be due under ss.
749.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e), except that
8the department may not certify an amount under this subsection unless the
9department has met the notice requirements under sub. (3) and unless the
10department's determination has either not been appealed or is no longer under
11appeal.
****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.
AB150, s. 2149 12Section 2149 . 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act ....
13(this act), sections 2147 and 2148, is renumbered 49.85 (2) (a) and amended to read:
AB150,850,2214 49.85 (2) (a) At least annually, the department of health and social services
15shall certify to the department of revenue the amounts that, based on the
16notifications received under sub. (1) and on other information received by the
17department of health and social services, the department of health and social
18services
has determined to be due under ss. 49.125 (1) and (2m), 49.195 (3) and (4m)
19and
s. 49.497 (1) and (2e), except that the department of health and social services
20may not certify an amount under this subsection unless the department it has met
21the notice requirements under sub. (3) and unless the department's its
22determination 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.
AB150, s. 2150
1Section 2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a)
2(intro.) and amended to read:
AB150,851,63 49.85 (3) (a) (intro.) At least 30 days before certification of an amount, the
4department of health and social services shall send a notice to the last-known
5address of the person from whom the that department intends to recover the amount.
6The notice shall do all of the following:
AB150, s. 2151 7Section 2151 . 46.254 (3) (a) of the statutes is amended to read:
AB150,851,118 46.254 (3) (a) Inform the person that the department intends to certify to the
9department of revenue an amount that the department of health and social services
10has determined to be due under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or
1149.497 (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.
AB150, s. 2152 12Section 2152 . 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), section 2151, is amended to read:
AB150,851,1714 46.254 (3) (a) Inform the person that the department intends to certify to the
15department of revenue an amount that the department of health and social services
16has determined to be due under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or
1749.497 (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.
AB150, s. 2153 18Section 2153 . 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), sections 2151 and 2152, is renumbered 49.85 (3) (a) 1. and amended to
20read:
AB150,852,321 49.85 (3) (a) 1. Inform the person that the department of health and social
22services
intends to certify to the department of revenue an amount that the

1department of health and social services has determined to be due under s. 49.125
2(1) or (2m), 49.195 (3) or (4m) or
49.497 (1) or (2e), for setoff from any state tax refund
3that 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.
AB150, s. 2154 4Section 2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a)
52. to 5. and amended to read:
AB150,852,96 49.85 (3) (a) 2. Inform the person that he or she may appeal the department's
7determination of the department of health and social services to certify the amount
8by requesting a hearing under sub. (4) within 30 days after the date of the letter and
9inform the person of the manner in which he or she may request a hearing.
AB150,852,1310 3. Inform the person that, if the department's determination of the department
11of health and social services
is appealed, the that department will not certify the
12amount to the department of revenue while the determination of the department of
13health and social services is under appeal.
AB150,852,1914 4. Inform the person that, unless a contested case hearing is requested to
15appeal the department's determination of the department of health and social
16services
, the person may be precluded from challenging any subsequent setoff of the
17certified amount by the department of revenue, except on the grounds that the
18certified amount has been partially or fully paid or otherwise discharged, since the
19date of the notice.
AB150,852,2220 5. Request that the person inform the department of health and social services
21if a bankruptcy stay is in effect with respect to the person or if the claim has been
22discharged in bankruptcy.
AB150, s. 2155 23Section 2155. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.
AB150, s. 2156
1Section 2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and
2amended to read:
AB150,853,73 49.85 (4) (a) If a person has requested a hearing under this subsection, the
4department of health and social services shall hold a contested case hearing under
5s. 227.44, except that the department of health and social services may limit the
6scope of the hearing to exclude issues that were presented at a prior hearing or that
7could have been presented at a prior opportunity for hearing.
AB150, s. 2157 8Section 2157. 46.254 (5) of the statutes is renumbered 49.85 (5) and amended
9to read:
AB150,853,1810 49.85 (5) Effect of certification. Receipt of a certification by the department
11of revenue shall constitute a lien, equal to the amount certified, on any state tax
12refunds or credits owed to the obligor. The lien shall be foreclosed by the department
13of revenue as a setoff under s. 71.93. Certification of an amount under this section
14does not prohibit the department of health and social services or the department of
15industry, labor and human relations
from attempting to recover the amount through
16other legal means. The department of health and social services or the department
17of industry, labor and human relations
shall promptly notify the department of
18revenue upon recovery of any amount previously certified under this section.
AB150, s. 2158 19Section 2158. 46.258 (1) of the statutes is amended to read:
AB150,854,620 46.258 (1) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the
21department shall award grants to counties for programs to revise child support
22orders. Each county receiving a grant shall review child support orders awarded to
23persons whose children receive benefits under s. 49.19 and to persons whose children
24do not receive benefits under s. 49.19 and shall initiate actions to revise the orders
25based on that review. Each county receiving a grant shall review child support orders

1awarded to persons whose children receive benefits under s. 49.19 and child support
2orders awarded to persons whose children do not receive benefits under s. 49.19 in
3proportion to the number of those 2 categories of orders in the county's child support
4case load. Before a county may initiate an action to revise a child support order under
5this subsection for a person whose children do not receive benefits under s. 49.19, the
6custodial parent of the children must voluntarily consent to the revision.
AB150, s. 2159 7Section 2159. 46.258 (2) (a) (intro.) of the statutes is amended to read:
AB150,854,128 46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (g) (ga), the
9department shall provide state incentive payments, in a total amount of not less than
10$259,000 in each fiscal year, to counties that meet the child support collection and
11child support administrative efficiency criteria, according to a distribution formula
12determined by the department that does all of the following:
AB150, s. 2160 13Section 2160 . 46.258 (2) (a) (intro.) of the statutes, as affected by 1995
14Wisconsin Act .... (this act), is amended to read:
AB150,854,1915 46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (ga) (3) (ga),
16the department shall provide state incentive payments, in a total amount of not less
17than $259,000 in each fiscal year, to counties that meet the child support collection
18and child support administrative efficiency criteria, according to a distribution
19formula 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.
AB150, s. 2161 20Section 2161. 46.26 (2) (a) of the statutes is amended to read:
AB150,855,421 46.26 (2) (a) All funds to counties under this section shall be allocated to county
22departments under ss. 46.21, 46.22 and 46.23 subject to ss. 46.031 and 49.52 (2)
2346.495 (2), except that monthly advance payments to the counties may be less than

1one-twelfth of the contracted amounts. No reimbursement may be made to any
2multicounty department until the counties which established the department have
3drawn up a detailed contractual agreement, approved by the secretary of health and
4social services, setting forth the plans for joint sponsorship.
AB150, s. 2162 5Section 2162. 46.26 (2) (c) of the statutes is amended to read:
AB150,855,136 46.26 (2) (c) All funds to counties under this section shall be used to purchase
7or provide juvenile delinquency-related services under ch. 48, except that no funds
8to counties under this section may be used for purposes of land purchase, building
9construction or maintenance of buildings under ss. s. 46.17 and, 46.175 or 301.37, for
10reimbursement of costs under s. 48.209, for city lockups or for reimbursement of care
11costs in temporary shelter care under s. 48.22. Funds to counties under this section
12may be used for reimbursement of costs of program services, other than basic care
13and supervision costs, in juvenile secure detention facilities.
AB150, s. 2163 14Section 2163. 46.26 (3) (c) of the statutes is amended to read:
AB150,855,1715 46.26 (3) (c) Subject to pars. (dd), (de) and (dg), within Within the limits of the
16appropriations under s. 20.435 (3) (cd) and (oo), the department of health and social
17services shall allocate funds to each county for services under this section.
AB150, s. 2164 18Section 2164. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act
19377
, 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.
AB150, s. 2165 20Section 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.
AB150, s. 2166 21Section 2166. 46.26 (3) (de) of the statutes is repealed.
AB150, s. 2167 22Section 2167. 46.26 (3) (dg) of the statutes is repealed.
AB150, s. 2168
1Section 2168. 46.26 (3) (dm) of the statutes is amended to read:
AB150,856,72 46.26 (3) (dm) The department of health and social services may carry forward
3for a county from one calendar year to another funds allocated under this subsection
4that are not spent or encumbered. The amount that the department may carry
5forward for a county under this paragraph may not exceed 3% 5% of the amount
6allocated to the county for the 12-month period ending December 31. The funds
7carried forward under this paragraph do not affect a county's base allocation.
AB150, s. 2169 8Section 2169. 46.26 (3) (em) of the statutes is created to read:
AB150,856,159 46.26 (3) (em) The department of health and social services may carry forward
10any emergency funds allocated under sub. (7) (e) and not encumbered or carried
11forward under par. (dm) by December 31 to the next 2 calendar years. The
12department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this
13purpose. The department may allocate these transferred moneys to counties that are
14eligible for emergency payments under sub. (7) (e). The allocation does not affect a
15county's base allocation.
AB150, s. 2170 16Section 2170. 46.26 (3) (f) of the statutes is repealed.
AB150, s. 2171 17Section 2171 . 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act
18377
, is amended to read:
AB150,857,619 46.26 (4) (a) Except as provided in pars. (c) and (cm), the department of health
20and social services shall bill counties or deduct from the allocations under s. 20.435
21(3) (cd) for the costs of care, services and supplies purchased or provided by the
22department of health and social services for each person receiving services under ss.
2348.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
24services under s. 48.366. The department of health and social services may not bill
25a county for or deduct from a county's allocation the cost of care, services and supplies

1provided to a person subject to an order under s. 48.366 after the person reaches 19
218 years of age or provided to a person subject to an order under s. 48.34 (4g).
3Payment shall be due within 60 days of the billing date. If any payment has not been
4received within 60 days, the department of health and social services may withhold
5aid payments in the amount due from the appropriation under s. 20.435 (3) (cd) or
6(7) (b).
AB150, s. 2172 7Section 2172. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act
8377
and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
AB150,857,209 46.26 (4) (a) Except as provided in par. (c), the department of health and social
10services shall bill counties or deduct from the allocations under s. 20.435 (3) (cd) for
11the costs of care, services and supplies purchased or provided by the department of
12health and social services for each person receiving services under ss. 48.34, 48.366
13and 51.35 (3) or the department of corrections for each person receiving services
14under s. 48.366. The department of health and social services may not bill a county
15for or deduct from a county's allocation the cost of care, services and supplies
16provided to a person subject to an order under s. 48.366 after the person reaches 18
17years of age or provided to a person subject to an order under s. 48.34 (4g). Payment
18shall be due within 60 days of the billing date. If any payment has not been received
19within 60 days, the department of health and social services may withhold aid
20payments 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.
AB150, s. 2173 21Section 2173. 46.26 (4) (b) 1. of the statutes, as affected by 1993 Wisconsin Act
22377
, is renumbered 46.26 (4) (b) and amended to read:
AB150,858,15
146.26 (4) (b) Assessment of costs under par. (a) shall be made periodically on
2the basis of a the per person per day cost estimate adjusted at least annually by the
3department
specified in par. (d) 2. to 4. Except as provided in pars. (bm), (c), (cm) and
4(dr), liability shall apply to county departments under s. 46.21, 46.22 or 46.23 in the
5county of the court exercising jurisdiction under ch. 48 for each person receiving
6services from the department of health and social services under ss. 48.34, 48.366
7and 51.35 (3) or the department of corrections under s. 48.366. Except as provided
8in pars. (bm), (c), (cm) and (dr), in multicounty court jurisdictions, the county of
9residency within the jurisdiction shall be liable for costs under this subsection.
10Assessment of costs under par. (a) shall also be made according to the general
11placement type or level of care provided, as defined by the department, and prorated
12according to the ratio of the amount designated under sub. (3) (c) and (d) to the total
13applicable estimated costs of care, services and supplies provided by the department
14of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the department
15of 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.
AB150, s. 2174 16Section 2174. 46.26 (4) (b) 2. of the statutes is repealed.
AB150, s. 2175 17Section 2175. 46.26 (4) (bm) of the statutes is amended to read:
AB150,859,218 46.26 (4) (bm) Notwithstanding par. (b) 1., the county department under s.
1946.21, 46.22 or 46.23 of the county of residency of a child who has been adjudicated
20delinquent by a court of another county or by a court of another multicounty
21jurisdiction may voluntarily assume liability for the costs payable under par. (a). A
22county department may assume liability under this paragraph by a written
23agreement signed by the director of the county department that assumes liability

1under this paragraph and the director of the county department that is otherwise
2liable under par. (b) 1.
AB150, s. 2176 3Section 2176. 46.26 (4) (c) of the statutes, as affected by 1993 Wisconsin Act
4377
, is amended to read:
AB150,859,105 46.26 (4) (c) Notwithstanding pars. (a), (b) 1. and (bm), but subject to par. (dr),
6the department of health and social services shall pay, from the appropriation under
7s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
8receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
9guardianship of the department pursuant to an order under ch. 48 at the time that
10the person was adjudicated delinquent.
AB150, s. 2177 11Section 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
AB150, s. 2178 12Section 2178. 46.26 (4) (d) 1. of the statutes is amended to read:
AB150,859,1813 46.26 (4) (d) 1. Except as provided in pars. (e) (dr) to (g), for services under s.
1448.34, all payments and deductions made under this subsection and uniform fee
15collections made under s. 46.03 (18) shall be deposited in the appropriation under s.
1620.435 (3) (hm). As adjustments in the assessments under this subsection are made,
17there shall be a proportionate adjustment in the allocations to counties under sub.
18(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.
AB150, s. 2179 19Section 2179. 46.26 (4) (d) 1m. of the statutes is amended to read:
AB150,860,420 46.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under s.
2148.366, all payments and deductions made under this subsection and uniform fee
22collections made under s. 46.03 (18) shall be deposited in the appropriation under s.

120.435 (3) (hm) for services provided by the department of health and social services
2or s. 20.410 (1) (hx) for services provided by the department of corrections. As
3adjustments in the assessments under this subsection are made, there shall be a
4proportionate adjustment in the allocations to counties under sub. (3) (d).
AB150, s. 2180 5Section 2180. 46.26 (4) (d) 2. of the statutes is amended to read:
AB150,860,156 46.26 (4) (d) 2. Beginning July 1, 1993 1995, and ending December 31, 1993
71995, the per person daily cost assessment to counties shall be $101.55 $127.98 for
8care in a juvenile correctional institution, $101.55 operated by the department,
9$127.98
for care for children transferred from a juvenile correctional institution
10under s. 51.35 (3), the dollar amount set by the department of corrections by rule for
11maintaining a prisoner in an adult correctional institution, $131.65 $147.84 for care
12in a child caring institution, $92.03 $102.44 for care in a group home for children,
13$21.02 $22.84 for care in a foster home, $58.37 $65.94 for care in a treatment foster
14home, $81.55 for departmental corrective sanctions services and $11.57 $13 for
15departmental 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.
AB150, s. 2181 16Section 2181. 46.26 (4) (d) 3. of the statutes is amended to read:
AB150,861,317 46.26 (4) (d) 3. In calendar year 1994 Beginning January 1, 1996, and ending
18June 30, 1996
, the per person daily cost assessment to counties shall be $111.73
19$127.98 for care in a juvenile correctional institution , $111.73 operated by the
20department, $127.98
for care for children transferred from a juvenile correctional
21institution under s. 51.35 (3), the dollar amount set by the department of corrections
22by rule for maintaining a prisoner in an adult correctional institution, $141.05
23$153.80 for care in a child caring institution, $98.47 $106.60 for care in a group home

1for children, $22.49 $23.80 for care in a foster home, $62.46 $68.58 for care in a
2treatment foster home, $66.75 $81.55 for departmental corrective sanctions services
3and $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.
AB150, s. 2182 4Section 2182. 46.26 (4) (d) 3m. of the statutes is created to read:
AB150,861,115 46.26 (4) (d) 3m. Beginning July 1, 1996, and ending December 31, 1996, the
6per person daily cost assessment to counties shall be the dollar amount set by the
7department of corrections by rule for maintaining a prisoner in an adult correctional
8institution, $153.87 for care in a child caring institution, $106.69 for care in a group
9home for children, $23.80 for care in a foster home, $68.58 for care in a treatment
10foster home, $82.11 for departmental corrective sanctions services and $13.28 for
11departmental aftercare services.
AB150, s. 2183 12Section 2183. 46.26 (4) (d) 4. of the statutes is amended to read:
AB150,861,2113 46.26 (4) (d) 4. Beginning January 1, 1995 1997, and ending June 30, 1995
141997, the per person daily cost assessment to counties shall be $115.68 for care in a
15juvenile correctional institution, $115.68 for care for children transferred from a
16juvenile correctional institution under s. 51.35 (3),
the dollar amount set by the
17department of corrections by rule for maintaining a prisoner in an adult correctional
18institution, $146.07 $156.98 for care in a child caring institution, $101.92 $108.86
19for care in a group home for children, $23.28 $24.29 for care in a foster home, $64.65
20$69.95 for care in a treatment foster home, $66.75 $82.11 for departmental corrective
21sanctions 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.
AB150, s. 2184 22Section 2184. 46.26 (4) (dm) of the statutes is amended to read:
AB150,862,6
146.26 (4) (dm) The department of health and social services corrections shall
2promulgate rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a
3person in an adult correctional institution. The rate shall not vary according to the
4adult correctional institution where a person is placed. The rate shall reflect the
5average daily cost associated with maintaining prisoners in adult correctional
6institutions.
****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.
AB150, s. 2185 7Section 2185. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act
8377
, is amended to read:
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