2005 Wisconsin Act 25

25,1199 Section 1199. 49.85 (2) (a) 3. of the statutes is created to read:

49.85 (2) (a) 3. If the determination relates to recovery of an amount under s. 49.497, the determination was rendered to a judgment under s. 49.497 (1m) (b).

25,1200 Section 1200. 49.85 (2) (b) of the statutes is amended to read:

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, and 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.

25,1201 Section 1201. 49.85 (3) (a) 1. of the statutes is amended to read:

49.85 (3) (a) 1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under s. 49.45 (2) (a) 10. or, 49.497 , 49.793, or 49.847, for setoff from any state tax refund that may be due the person.

25,1202 Section 1202. 49.85 (3) (b) 1. of the statutes is amended to read:

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, or 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.

25,1203 Section 1203. 49.855 (6) of the statutes is amended to read:

49.855 (6) If the state implements the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), the state may act under this section in place of the county child support agency under s. 59.53 (5).

25,1205 Section 1205. 49.857 (1) (d) 4. of the statutes is amended to read:

49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).

25,1217r Section 1217r. 50.04 (2d) of the statutes is created to read:

50.04 (2d) Resident levels of care. The department may not require a nursing home to use the criteria for functional eligibility specified in s. 46.286 (1) (a) to determine resident levels of care under sub. (2) (d).

25,1218 Section 1218. 50.065 (2) (bg) of the statutes is amended to read:

50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. to 3. and 5. has already been obtained by another entity, the entity may obtain that information from that other entity, which, notwithstanding par. (br), shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. to 3. and 5.

25,1219 Section 1219. 50.065 (2) (br) of the statutes is created to read:

50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives information regarding the arrest or conviction of a caregiver from the federal bureau of investigation in connection with a criminal history search under this section may use the information only to determine whether the caregiver's arrest or conviction record disqualifies him or her from serving as a caregiver. An entity is immune from civil liability to a caregiver for using arrest or conviction information provided by the federal bureau of investigation to make an employment determination regarding the caregiver.

2. Subdivision 1. does not apply to use by an entity of arrest or conviction information that the entity requests from the federal bureau of investigation after September 30, 2007.

25,1220 Section 1220. 50.065 (8) of the statutes is amended to read:

50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

25,1221 Section 1221. 50.135 (2) (c) of the statutes is amended to read:

50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations appropriation account under s. 20.435 (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

25,1222m Section 1222m. 50.14 (2) (intro.) of the statutes is amended to read:

50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that may not exceed $445 per calendar month per 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 an assessment that may not exceed $75 per calendar month per licensed bed of a nursing home. The assessment moneys collected shall be 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 licensed beds, all of the following apply:

25,1223 Section 1223. 50.14 (4) of the statutes is amended to read:

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 in a fiscal year shall be deposited in the Medical Assistance trust fund.

25,1224 Section 1224. 51.05 (3g) of the statutes is repealed.

25,1225 Section 1225. 51.05 (3m) of the statutes is repealed.

25,1225m Section 1225m. 51.06 (7) of the statutes is created to read:

51.06 (7) Joint services programs. The department of health and family services, the department of veterans affairs, and the department of corrections shall, if the report specified under 2005 Wisconsin Act .... (this act), section 9121 (12q), is approved by the joint committee on finance, jointly fund and implement the programs proposed in the report at the Northern Center for the Developmentally Disabled and the Southern Center for the Developmentally Disabled for the joint provision, for all programs that each agency conducts at these places, of personnel, payroll, purchasing, custodianship, grounds and maintenance, distribution, warehouse, and security services.

25,1226 Section 1226. 51.30 (4) (b) 27. of the statutes is created to read:

51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 (7) (g). A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services may have access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 938 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 938 or to coordinate the delivery of services under this chapter or ch. 48 or 938 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the person entering the information shall notify the individual that the information entered may be disclosed as provided in this subdivision.

25,1227 Section 1227. 51.423 (1) of the statutes is amended to read:

51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism, and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

25,1228 Section 1228. 51.423 (2) of the statutes is amended to read:

51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

25,1229 Section 1229. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than $184 per day the daily rate for services under s. 46.275. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

25,1230 Section 1230. 59.40 (2) (p) of the statutes is amended to read:

59.40 (2) (p) Cooperate with the department of workforce development with respect to the child and spousal support and establishment of paternity and medical liability support liability program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

25,1231 Section 1231. 59.43 (1) (u) of the statutes is repealed and recreated to read:

59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag) 1. and (e) and not retained by the county to the department of administration under s. 59.72 (5).

25,1232 Section 1232. 59.43 (1) (um) of the statutes is repealed.

25,1233 Section 1233. 59.43 (2) (ag) 1. of the statutes is repealed and recreated to read:

59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

25,1234 Section 1234. 59.43 (2) (e) of the statutes is repealed and recreated to read:

59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $11 for the first page and $2 for each additional page.

25,1235b Section 1235b. 59.58 (6) (title) of the statutes is amended to read:

59.58 (6) (title) Regional transportation transit authority.

25,1235c Section 1235c. 59.58 (6) (a) 1. of the statutes is amended to read:

59.58 (6) (a) 1. "Authority" means the regional transportation transit authority.

25,1235d Section 1235d. 59.58 (6) (a) 2. of the statutes is amended to read:

59.58 (6) (a) 2. "Region" means the geographic area composed of the counties of Kenosha, Milwaukee, Ozaukee, and Racine, Walworth, Washington and Waukesha.

25,1235e Section 1235e. 59.58 (6) (b) of the statutes is repealed and recreated to read:

59.58 (6) (b) The counties of Kenosha, Milwaukee, and Racine shall create a regional transit authority. The governing body of the authority shall consist of the following members:

1. Three members, one from each county in the region, appointed by the county executive of each county and approved by the county board.

2. Three members, one from the most populous city in each county in the region, appointed by the mayor of each such city and approved by the common council.

3. One member from the most populous city in the region, nominated by the governor , and with the advice and consent of the senate appointed.

25,1235i Section 1235i. 59.58 (6) (bm) of the statutes is created to read:

59.58 (6) (bm) No action may be taken by the authority unless at least 6 members of the authority's governing body vote to approve the action.

25,1235k Section 1235k. 59.58 (6) (c) of the statutes is amended to read:

59.58 (6) (c) The Notwithstanding s. 59.84 (2), the authority shall be responsible for the coordination of highway and transit and commuter rail programs in the region and for other responsibilities as specified for the authority by the legislature.

25,1235L Section 1235L. 59.58 (6) (cg) of the statutes is created to read:

59.58 (6) (cg) 1. The authority may impose the fees under subch. XIII of ch. 77.

2. The authority shall retain all revenues received under subd. 1., except those expended as authorized under par. (cr), until the authority has submitted the report specified in par. (e) and action on the report is taken by the legislature.

25,1235m Section 1235m. 59.58 (6) (cr) of the statutes is created to read:

59.58 (6) (cr) The authority may hire staff, conduct studies, and expend funds essential to the preparation of the report specified in par. (e).

25,1235n Section 1235n. 59.58 (6) (d) of the statutes is amended to read:

59.58 (6) (d) The department of transportation or its designee, the southeastern Wisconsin Regional Planning Commission, or any designee of the governing body of the authority may provide administrative support services to assist the authority in fulfilling its duties.

25,1235o Section 1235o. 59.58 (6) (dm) of the statutes is created to read:

59.58 (6) (dm) Any recipient of state funding for the planning or engineering of a commuter rail project in the region shall periodically report to the authority's governing body or staff.

25,1235p Section 1235p. 59.58 (6) (e) (intro.) of the statutes is amended to read:

59.58 (6) (e) (intro.) By November 15, 1992 2008, the authority shall submit to the governor and to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report on the activities of the authority. The report shall include all of the following:

25,1235q Section 1235q. 59.58 (6) (e) 1. and 2. of the statutes are repealed.

25,1235r Section 1235r. 59.58 (6) (e) 3. of the statutes is amended to read:

59.58 (6) (e) 3. A plan to improve the coordinating and funding coordination of expanded public mass transit, commuter rail, and passenger rail in the region.

25,1235s Section 1235s. 59.58 (6) (e) 3m. of the statutes is repealed.

25,1235t Section 1235t. 59.58 (6) (e) 3r. of the statutes is amended to read:

59.58 (6) (e) 3r. A recommendation on the use of bonding for commuter rail and public transit in the region, and the role of the authority in such bonding.

25,1235u Section 1235u. 59.58 (6) (e) 4. of the statutes is repealed.

25,1235v Section 1235v. 59.58 (6) (e) 4g. and 4r. of the statutes are created to read:

59.58 (6) (e) 4g. A plan for the distribution among the mass transit operators in the region of any permanent regional funding specified in subd. 5.

4r. A recommendation as to whether the responsibilities of the authority should be limited to collection and distribution of regional transit funding or should also include operation of transit service.

25,1235w Section 1235w. 59.58 (6) (e) 5. (intro.) of the statutes is renumbered 59.58 (6) (e) 5. and amended to read:

59.58 (6) (e) 5. A proposal that specifically identifies a permanent regional funding source to provide local funds for highway improvements in the region that have a demonstrably regional impact, and for the local portion of operating and capital costs of commuter rail and public transit that are not covered by passenger fares. In making its proposal, the authority shall consider at least the following and that considers all potential funding sources:.

25,1235x Section 1235x. 59.58 (6) (e) 5. a. to d. of the statutes are repealed.