SB44: Bill Text

SB44,632,25 49.78 (5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the department of employment relations administration. The department of employment relations administration shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of health and family services for administrative expenditures.

SB44, s. 1449 Section 1449. 49.785 (1) (intro.) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,633,11 49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient of a stipend under s. 49.147 (3m) (g) or of benefits or wages under s. 49.148, 49.46, or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

SB44, s. 1450 Section 1450. 49.79 (4) of the statutes is amended to read:

SB44,633,17 49.79 (4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (3) from the payment to the county or tribe under income maintenance contracts under s. 49.33 49.78 and reimburse the federal government from the funds withheld.

SB44, s. 1451 Section 1451. 49.85 (title) of the statutes is amended to read:

SB44,633,20 49.85 (title) Certification of certain public assistance overpayments and delinquent loan repayments.

SB44, s. 1452 Section 1452. 49.85 (1) of the statutes is amended to read:

SB44,634,7 49.85 (1) 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 the department of health and family services may recover an amount under s. 49.497 or that the department of workforce development may recover an amount under s. 49.161, 49.195 (3), or 49.793, or collect an amount under s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin works agency determines that the department of workforce development may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin works agency shall notify the department of workforce development of the determination.

SB44, s. 1453 Section 1453 . 49.85 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,634,20 49.85 (1) 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 the department of health and family services may recover an amount under s. 49.497 or that the department of workforce development may recover an amount under s. 49.161, 49.195 (3), or 49.793, or collect an amount under s. 49.147 (6) (cm) 49.1471 (3m), the county department or governing body shall notify the affected department of the determination. If a Wisconsin works agency determines that the department of workforce development may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm) 49.1471 (3m), the Wisconsin works agency shall notify the department of workforce development of the determination.

SB44, s. 1454 Section 1454. 49.85 (2) (b) of the statutes is amended to read:

SB44,635,5 49.85 (2) (b) At least annually, the department of workforce development 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 workforce development, the department of workforce development has determined that it may recover under ss. 49.161, 49.195 (3), and 49.793, and collect under s. 49.147 (6) (cm), except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

SB44, s. 1455 Section 1455 . 49.85 (2) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,635,16 49.85 (2) (b) At least annually, the department of workforce development 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 workforce development, the department of workforce development has determined that it may recover under ss. 49.161, 49.195 (3), and 49.793, and collect under s. 49.147 (6) (cm) 49.1471 (3m), except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

SB44, s. 1456 Section 1456. 49.85 (3) (b) (intro.) of the statutes is amended to read:

SB44,635,21 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover or collect the amount. The notice shall do all of the following:

SB44, s. 1457 Section 1457. 49.85 (3) (b) 1. of the statutes is amended to read:

SB44,636,2 49.85 (3) (b) 1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under s. 49.161, 49.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

SB44, s. 1458 Section 1458 . 49.85 (3) (b) 1. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,636,10 49.85 (3) (b) 1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under s. 49.161, 49.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6) 49.1471, for setoff from any state tax refund that may be due the person.

SB44, s. 1459 Section 1459. 49.85 (5) of the statutes is amended to read:

SB44,636,20 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 family services or the department of workforce development from attempting to recover or collect the amount through other legal means. The department of health and family services or the department of workforce development shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.

SB44, s. 1460 Section 1460. 49.854 (11) (b) of the statutes is amended to read:

SB44,637,2 49.854 (11) (b) The department. The department may assess a collection fee to recover the department's costs incurred in levying against property under this section. The department shall determine its costs to be paid in all cases of levy. The obligor is liable to the department for the amount of the collection fee authorized under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.445 (1) (L) (3) (ja).

SB44, s. 1461 Section 1461. 49.95 (4m) (a) of the statutes is amended to read:

SB44,637,9 49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body, or municipality or advises a person to go to a county, tribal governing body, or municipality for the purpose of obtaining relief funded by a relief block grant, wages, a stipend, or benefits under the Wisconsin works Works program under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV, or food stamps under 7 USC 2011 to 2029.

SB44, s. 1462 Section 1462. 49.95 (11) of the statutes is amended to read:

SB44,637,12 49.95 (11) "Public assistance" as used in this section includes relief funded by a relief block grant and wages, a stipend, or benefits under ss. 49.141 to 49.161.

SB44, s. 1463 Section 1463. 49.96 of the statutes is amended to read:

SB44,637,20 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, stipends paid under s. 49.147 (3m) (g), payments made under ss. s. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, 49.155, or 49.157, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment, and every other process and shall be inalienable.

SB44, s. 1464 Section 1464. 50.01 (1g) (c) of the statutes is amended to read:

SB44,637,22 50.01 (1g) (c) A shelter facility as defined under s. 16.352 560.9808 (1) (d).

SB44, s. 1465 Section 1465. 50.03 (5g) (c) 1. (intro.) of the statutes is amended to read:

SB44,638,2 50.03 (5g) (c) 1. (intro.) A daily forfeiture amount per violation of not less than $10 nor more than $1,000 $10,000 for each violation, with each day of violation constituting a separate offense. All of the following apply to a forfeiture under this subdivision:

SB44, s. 1466 Section 1466. 50.03 (5g) (c) 1. c. of the statutes is amended to read:

SB44,638,10 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (f), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1467 Section 1467. 50.034 (8) (d) of the statutes is amended to read:

SB44,638,17 50.034 (8) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1468 Section 1468. 50.035 (11) (d) of the statutes is amended to read:

SB44,638,24 50.035 (11) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1469 Section 1469. 50.04 (5) (bm) of the statutes is created to read:

SB44,639,6 50.04 (5) (bm) Forfeiture surcharge. Whenever the department imposes a forfeiture under par. (a) for a violation of this subchapter or a rule promulgated under this subchapter, the department shall in addition levy a forfeiture surcharge in an amount of 6% of the forfeiture imposed. If multiple violations are involved, the forfeiture surcharge under this paragraph shall be based on the total forfeitures for all violations.

SB44, s. 1470 Section 1470. 50.04 (5) (c) of the statutes is amended to read:

SB44,639,15 50.04 (5) (c) Assessment of forfeitures ; powers and duties of department and forfeiture surcharges. The department may directly assess forfeitures provided for under par. (a) and forfeiture surcharges provided for under par. (bm). If the department determines that a forfeiture and forfeiture surcharge should be assessed for a particular violation or for failure to correct it, it shall send a notice of assessment to the nursing home. The notice shall specify the amount of the forfeiture and forfeiture surcharge assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under par. (e).

SB44, s. 1471 Section 1471. 50.04 (5) (f) of the statutes is amended to read:

SB44,639,24 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All forfeitures and forfeiture surcharges shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund and shall credit all forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).

SB44, s. 1472 Section 1472 . 50.04 (5) (f) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,640,10 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All forfeitures and forfeiture surcharges shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund and shall credit all forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).

SB44, s. 1473 Section 1473. 50.07 (3) (a) of the statutes is repealed.

SB44, s. 1474 Section 1474. 50.07 (3) (b) of the statutes is amended to read:

SB44,640,16 50.07 (3) (b) Any employee of an employer not described in par. (a) who is discharged or otherwise retaliated or discriminated against in violation of sub. (1) (e) or (em) may file a complaint with the department of workforce development under s. 106.54 (5).

SB44, s. 1475 Section 1475. 50.07 (3) (c) of the statutes is amended to read:

SB44,640,20 50.07 (3) (c) Any person not described in par. (a) or (b) who is retaliated or discriminated against in violation of sub. (1) (e) or (em) may commence an action in circuit court for damages incurred as a result of the violation.

SB44, s. 1476 Section 1476. 50.14 (title) of the statutes is amended to read:

SB44,640,22 50.14 (title) Assessments on occupied, licensed beds.

SB44, s. 1477 Section 1477. 50.14 (1) (a) of the statutes is amended to read:

SB44,641,2 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for the mentally retarded, which is not state-owned or state-operated, federally owned or federally operated or that is not located outside the state.

SB44, s. 1478 Section 1478. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and amended to read:

SB44,641,22 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility , except occupied, licensed beds for which payment is made under 42 USC 1395 to 1395ccc, an assessment that shall be deposited in the general fund and that is $100 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05 and is $32 an assessment that may not exceed $116 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment shall be deposited in the Medical Assistance trust fund. In determining the number of occupied, licensed beds, if all of the following apply:

SB44,641,25 (a) If the amount of the beds is other than a whole number, the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.

SB44, s. 1479 Section 1479. 50.14 (2) (b) of the statutes is created to read:

SB44,642,4 50.14 (2) (b) The number of licensed beds of a nursing home includes any number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.

SB44, s. 1480 Section 1480. 50.14 (3) of the statutes is amended to read:

SB44,642,12 50.14 (3) By the end of each month, each facility shall submit to the department the facility's occupied licensed bed count and the amount due under sub. (2) for each occupied licensed bed of the facility for the month preceding the month during which the bed count and payment are is being submitted. The department shall verify the bed count number of beds licensed and, if necessary, make adjustments to the payment, notify the facility of changes in the bed count or payment owing and send the facility an invoice for the additional amount due or send the facility a refund.

SB44, s. 1481 Section 1481. 50.14 (4) of the statutes is amended to read:

SB44,642,20 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section , except that the amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year shall be deposited in the Medical Assistance trust fund.

SB44, s. 1482 Section 1482. 50.38 (4) of the statutes is amended to read:

SB44,643,2 50.38 (4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1483 Section 1483. 50.55 (1) (e) of the statutes is amended to read:

SB44,643,8 50.55 (1) (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1484 Section 1484. 50.90 (2) of the statutes is amended to read:

SB44,643,12 50.90 (2) "Organization" means a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b), a nonprofit corporation, a for-profit stock corporation, a cooperative, a partnership, a limited liability company or a sole proprietorship.

SB44, s. 1485 Section 1485. 50.98 (5) of the statutes is amended to read:

SB44,643,20 50.98 (5) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under the same terms and conditions as found in s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1486 Section 1486. 51.06 (1m) (d) of the statutes is amended to read:

SB44,643,24 51.06 (1m) (d) Services for up to 50 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.

SB44, s. 1487 Section 1487. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and amended to read:

SB44,644,6 51.06 (3) (a) Individuals Subject to par. (b), individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.

SB44, s. 1488 Section 1488. 51.06 (3) (b) of the statutes is created to read:

SB44,644,10 51.06 (3) (b) An individual may be placed at a center for the developmentally disabled for services under sub. (1m) (d) only after all of the following conditions are met:

SB44,644,12 1. The department determines that a licensed bed and other necessary resources are available to provide services to the individual.

SB44,644,14 2. The department and the county of residence of the individual agree on a maximum discharge date for the individual.