AB100-ASA1,516,9 4(3) Wisconsin Works agency error reduction. If the department of workforce
5development contracts with the department of health and family services under sub.
6(4), the department of health and family services shall provide funds from the
7appropriation under s. 20.435 (4) (kz) to Wisconsin Works agencies to offset the
8administrative costs of reducing payment errors in Wisconsin Works under ss.
949.141 to 49.161.
AB100-ASA1,516,16 10(4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m) and (3),
11the department of workforce development may contract with the department of
12health and family services to investigate suspected fraudulent activity on the part
13of recipients of aid to families with dependent children under s. 49.19 and
14participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities
15to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided
16in this section.
AB100-ASA1, s. 1196 17Section 1196. 49.847 of the statutes is created to read:
AB100-ASA1,516,23 1849.847 Recovery of incorrect payments under certain public
19assistance programs.
(1) Subject to ss. 49.497 (1) and 49.793 (1), the department
20of health and family services, or a county or elected governing body of a federally
21recognized American Indian tribe or band acting on behalf of the department, may
22recover benefits incorrectly paid under any of the programs administered by the
23department under this chapter.
AB100-ASA1,517,3 24(2) The department, county, or elected governing body may recover an
25overpayment from a family or individual who continues to receive benefits under any

1program administered by the department under this chapter by reducing the
2family's or individual's benefit amount. Subject to s. 49.793 (1), the department may
3by rule specify other methods for recovering incorrectly paid benefits.
AB100-ASA1,517,7 4(3) Subject to ss. 49.497 (2) and 49.793 (2), a county or elected governing body
5may retain a portion of an amount recovered under this section due to the efforts of
6an employee or officer of the county, tribe, or band, as provided by the department
7by rule.
AB100-ASA1, s. 1197 8Section 1197. 49.85 (1) of the statutes is amended to read:
AB100-ASA1,517,199 49.85 (1) Department notification requirement. If a county department under
10s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
11Indian tribe or band determines that the department of health and family services
12may recover an amount under s. 49.497, 49.793, or 49.847, or that the department
13of workforce development may recover an amount under s. 49.161, or 49.195 (3), or
1449.793,
or collect an amount under s. 49.147 (6) (cm), the county department or
15governing body shall notify the affected department of the determination. If a
16Wisconsin works Works agency determines that the department of workforce
17development may recover an amount under s. 49.161 or 49.195 (3), or collect an
18amount under s. 49.147 (6) (cm), the Wisconsin works Works agency shall notify the
19department of workforce development of the determination.
AB100-ASA1, s. 1198 20Section 1198. 49.85 (2) (a) of the statutes is renumbered 49.85 (2) (a) (intro.)
21and amended to read:
AB100-ASA1,518,322 49.85 (2) (a) (intro.) At least annually, the department of health and family
23services shall certify to the department of revenue the amounts that, based on the
24notifications received under sub. (1) and on other information received by the
25department of health and family services, the department of health and family

1services has determined that it may recover under s. 49.45 (2) (a) 10. or, 49.497,
249.793, or 49.847
, except that the department of health and family services may not
3certify an amount under this subsection unless it all of the following apply:
AB100-ASA1,518,5 41. The department has met the notice requirements under sub. (3) and unless
5its
.
AB100-ASA1,518,7 62. The department's determination has either not been appealed or is no longer
7under appeal.
AB100-ASA1, s. 1199 8Section 1199. 49.85 (2) (a) 3. of the statutes is created to read:
AB100-ASA1,518,109 49.85 (2) (a) 3. If the determination relates to recovery of an amount under s.
1049.497, the determination was rendered to a judgment under s. 49.497 (1m) (b).
AB100-ASA1, s. 1200 11Section 1200. 49.85 (2) (b) of the statutes is amended to read:
AB100-ASA1,518,2012 49.85 (2) (b) At least annually, the department of workforce development 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
15workforce development, the department of workforce development has determined
16that it may recover under ss. 49.161, and 49.195 (3), and 49.793, and collect under
17s. 49.147 (6) (cm), except that the department of workforce development may not
18certify an amount under this subsection unless it has met the notice requirements
19under sub. (3) and unless its determination has either not been appealed or is no
20longer under appeal.
AB100-ASA1, s. 1201 21Section 1201. 49.85 (3) (a) 1. of the statutes is amended to read:
AB100-ASA1,519,222 49.85 (3) (a) 1. Inform the person that the department of health and family
23services intends to certify to the department of revenue an amount that the
24department of health and family services has determined to be due under s. 49.45

1(2) (a) 10. or, 49.497, 49.793, or 49.847, for setoff from any state tax refund that may
2be due the person.
AB100-ASA1, s. 1202 3Section 1202. 49.85 (3) (b) 1. of the statutes is amended to read:
AB100-ASA1,519,84 49.85 (3) (b) 1. Inform the person that the department of workforce
5development intends to certify to the department of revenue an amount that the
6department of workforce development has determined to be due under s. 49.161, or
749.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan
8under s. 49.147 (6), for setoff from any state tax refund that may be due the person.
AB100-ASA1, s. 1203 9Section 1203. 49.855 (6) of the statutes is amended to read:
AB100-ASA1,519,1310 49.855 (6) If the state implements the child and spousal support and
11establishment of paternity and medical support liability program under ss. 49.22
12and 59.53 (5), the state may act under this section in place of the county child support
13agency under s. 59.53 (5).
AB100-ASA1, s. 1205 14Section 1205. 49.857 (1) (d) 4. of the statutes is amended to read:
AB100-ASA1,519,1815 49.857 (1) (d) 4. A certification, license, training permit, registration, approval
16or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a),
17250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3)
18or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB100-ASA1, s. 1217r 19Section 1217r. 50.04 (2d) of the statutes is created to read:
AB100-ASA1,519,2220 50.04 (2d) Resident levels of care. The department may not require a nursing
21home to use the criteria for functional eligibility specified in s. 46.286 (1) (a) to
22determine resident levels of care under sub. (2) (d).
AB100-ASA1, s. 1218 23Section 1218. 50.065 (2) (bg) of the statutes is amended to read:
AB100-ASA1,520,724 50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within
25the last 4 years, the information required under par. (b) 1. to 3. and 5. has already

1been obtained by another entity, the entity may obtain that information from that
2other entity, which, notwithstanding par. (br), shall provide the information, if
3possible, to the requesting entity. If an entity cannot obtain the information required
4under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds
5to believe that any information obtained from another entity is no longer accurate,
6the entity shall obtain that information from the sources specified in par. (b) 1. to 3.
7and 5.
AB100-ASA1, s. 1219 8Section 1219. 50.065 (2) (br) of the statutes is created to read:
AB100-ASA1,520,169 50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives
10information regarding the arrest or conviction of a caregiver from the federal bureau
11of investigation in connection with a criminal history search under this section may
12use the information only to determine whether the caregiver's arrest or conviction
13record disqualifies him or her from serving as a caregiver. An entity is immune from
14civil liability to a caregiver for using arrest or conviction information provided by the
15federal bureau of investigation to make an employment determination regarding the
16caregiver.
AB100-ASA1,520,1917 2. Subdivision 1. does not apply to use by an entity of arrest or conviction
18information that the entity requests from the federal bureau of investigation after
19September 30, 2007.
AB100-ASA1, s. 1220 20Section 1220. 50.065 (8) of the statutes is amended to read:
AB100-ASA1,521,221 50.065 (8) The department may charge a fee for obtaining the information
22required under sub. (2) (am) or (3) (a) or for providing information to an entity to
23enable the entity to comply with sub. (2) (b) or (3) (b). The fee may not exceed the
24reasonable cost of obtaining the information.
No fee may be charged to a nurse's

1assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information
2if to do so would be inconsistent with federal law.
AB100-ASA1, s. 1221 3Section 1221. 50.135 (2) (c) of the statutes is amended to read:
AB100-ASA1,521,64 50.135 (2) (c) The fees collected under par. (a) shall be credited to the
5appropriations appropriation account under s. 20.435 (4) (gm) and (6) (jm) as
6specified in those appropriations
for licensing, review and certifying activities.
AB100-ASA1, s. 1222m 7Section 1222m. 50.14 (2) (intro.) of the statutes is amended to read:
AB100-ASA1,521,188 50.14 (2) (intro.) For the privilege of doing business in this state, there is
9imposed on all licensed beds of a facility an assessment that may not exceed $445 per
10calendar month per licensed bed of an intermediate care facility for the mentally
11retarded may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in
12fiscal year 2004-05
and an assessment that may not exceed $75 per calendar month
13per licensed bed of a nursing home. The assessment moneys collected shall be
14deposited in the general fund, except that in fiscal year 2003-04, amounts in excess
15of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and,
16beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money
17received from the assessment shall be deposited in the
Medical Assistance trust
18fund. In determining the number of licensed beds, all of the following apply:
AB100-ASA1, s. 1223 19Section 1223. 50.14 (4) of the statutes is amended to read:
AB100-ASA1,522,220 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60
21(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
22under subch. III of ch. 77, apply to the assessment under this section, except that the
23amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in
24fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning

1July 1, 2005, in excess of 45% in each fiscal year
in a fiscal year shall be deposited
2in the Medical Assistance trust fund.
AB100-ASA1, s. 1224 3Section 1224. 51.05 (3g) of the statutes is repealed.
AB100-ASA1, s. 1225 4Section 1225. 51.05 (3m) of the statutes is repealed.
AB100-ASA1, s. 1225m 5Section 1225m. 51.06 (7) of the statutes is created to read:
AB100-ASA1,522,146 51.06 (7) Joint services programs. The department of health and family
7services, the department of veterans affairs, and the department of corrections shall,
8if the report specified under 2005 Wisconsin Act .... (this act), section 9121 (12q), is
9approved by the joint committee on finance, jointly fund and implement the
10programs proposed in the report at the Northern Center for the Developmentally
11Disabled and the Southern Center for the Developmentally Disabled for the joint
12provision, for all programs that each agency conducts at these places, of personnel,
13payroll, purchasing, custodianship, grounds and maintenance, distribution,
14warehouse, and security services.
AB100-ASA1, s. 1226 15Section 1226. 51.30 (4) (b) 27. of the statutes is created to read:
AB100-ASA1,523,716 51.30 (4) (b) 27. For the purpose of entering information concerning the subject
17individual into the statewide automated child welfare information system
18established under s. 46.03 (7) (g). A county department under s. 46.215, 46.22, 46.23,
1951.42, or 51.437, the department of health and family services, the department of
20corrections, or any other organization that has entered into an information sharing
21and access agreement with one of those county departments or departments and that
22has been approved for access to the statewide automated child welfare information
23system by the department of health and family services may have access to
24information concerning a client of that county department, department, or
25organization under this chapter or ch. 48 or 938 that is maintained in the statewide

1automated child welfare information system, if necessary to enable the county
2department, department, or organization to perform its duties under this chapter or
3ch. 48 or 938 or to coordinate the delivery of services under this chapter or ch. 48 or
4938 to the client. Before entering any information about an individual into the
5statewide automated child welfare information system, the person entering the
6information shall notify the individual that the information entered may be disclosed
7as provided in this subdivision.
AB100-ASA1, s. 1227 8Section 1227. 51.423 (1) of the statutes is amended to read:
AB100-ASA1,523,199 51.423 (1) The department shall fund, within the limits of the department's
10allocation for mental health services under s. 20.435 (3) (o) and (7) (b) and (o) and
11subject to this section, services for mental illness, developmental disability,
12alcoholism, and drug abuse to meet standards of service quality and accessibility.
13The department's primary responsibility is to guarantee that county departments
14established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
15level of funding and its secondary responsibility is to fund programs which meet
16exceptional community needs or provide specialized or innovative services. Moneys
17appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
18health services under s. 20.435 (7) (o) shall be allocated by the department to county
19departments under s. 51.42 or 51.437 in the manner set forth in this section.
AB100-ASA1, s. 1228 20Section 1228. 51.423 (2) of the statutes is amended to read:
AB100-ASA1,524,1321 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o),
22the department shall distribute the funding for services provided or purchased by
23county departments under s. 46.23, 51.42, or 51.437 to such county departments as
24provided under s. 46.40. County matching funds are required for the distributions
25under s. 46.40 (2) and (9) (b). Each county's required match for the distributions

1under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions
2under s. 46.40 (2) for that year for which matching funds are required plus the
3amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
4delinquency-related services from its distribution for 1987. Each county's required
5match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that
6county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds
7may be from county tax levies, federal and state revenue sharing funds, or private
8donations to the counties that meet the requirements specified in sub. (5). Private
9donations may not exceed 25% of the total county match. If the county match is less
10than the amount required to generate the full amount of state and federal funds
11distributed for this period, the decrease in the amount of state and federal funds
12equals the difference between the required and the actual amount of county
13matching funds.
AB100-ASA1, s. 1229 14Section 1229. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:
AB100-ASA1,525,1015 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities
16services for services provided on or after December 31, 1997, at $48 per day, if an
17independent professional review established under 42 USC 1396a (a) (31) designates
18the person served as appropriate for community care, including persons who have
19been admitted for more than 180 consecutive days and for whom the cost of care in
20the community would be equal to or less than $184 per day the daily rate for services
21under s. 46.275
. The department of health and family services shall use money it
22receives from the county department of developmental disabilities services to offset
23the state's share of medical assistance. Payment is due from the county department
24of developmental disabilities services within 60 days of the billing date, subject to
25provisions of the contract. If the department of health and family services does not

1receive any payment within 60 days, it shall deduct all or part of the amount due from
2any payment the department of health and family services is required to make to the
3county department of developmental disabilities services. The department of health
4and family services shall first use collections received under s. 46.10 as a result of
5care at a center for the developmentally disabled to reduce the costs paid by medical
6assistance, and shall remit the remainder to the county department of
7developmental disabilities services up to the portion billed. The department of
8health and family services shall use the appropriation under s. 20.435 (2) (gk) to
9remit collection credits and other appropriate refunds to county departments of
10developmental disabilities services.
AB100-ASA1, s. 1230 11Section 1230. 59.40 (2) (p) of the statutes is amended to read:
AB100-ASA1,525,1612 59.40 (2) (p) Cooperate with the department of workforce development with
13respect to the child and spousal support and establishment of paternity and medical
14liability support liability program under ss. 49.22 and 59.53 (5), and provide that
15department with any information from court records which it requires to administer
16that program.
AB100-ASA1, s. 1231 17Section 1231. 59.43 (1) (u) of the statutes is repealed and recreated to read:
AB100-ASA1,525,2018 59.43 (1) (u) Submit that portion of recording fees collected under sub. (2) (ag)
191. and (e) and not retained by the county to the department of administration under
20s. 59.72 (5).
AB100-ASA1, s. 1232 21Section 1232. 59.43 (1) (um) of the statutes is repealed.
AB100-ASA1, s. 1233 22Section 1233. 59.43 (2) (ag) 1. of the statutes is repealed and recreated to read:
AB100-ASA1,526,223 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled
24to be recorded in the office of the register of deeds, $11 for the first page and $2 for

1each additional page, except that no fee may be collected for recording a change of
2address that is exempt from a filing fee under s. 185.83 (1) (b).
AB100-ASA1, s. 1234 3Section 1234. 59.43 (2) (e) of the statutes is repealed and recreated to read:
AB100-ASA1,526,64 59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled
5to be filed in the office of register of deeds and for which no other specific fee is
6specified, $11 for the first page and $2 for each additional page.
AB100-ASA1, s. 1235b 7Section 1235b. 59.58 (6) (title) of the statutes is amended to read:
AB100-ASA1,526,88 59.58 (6) (title) Regional transportation transit authority.
AB100-ASA1, s. 1235c 9Section 1235c. 59.58 (6) (a) 1. of the statutes is amended to read:
AB100-ASA1,526,1110 59.58 (6) (a) 1. "Authority" means the regional transportation transit
11authority.
AB100-ASA1, s. 1235d 12Section 1235d. 59.58 (6) (a) 2. of the statutes is amended to read:
AB100-ASA1,526,1513 59.58 (6) (a) 2. "Region" means the geographic area composed of the counties
14of Kenosha, Milwaukee, Ozaukee, and Racine, Walworth, Washington and
15Waukesha
.
AB100-ASA1, s. 1235e 16Section 1235e. 59.58 (6) (b) of the statutes is repealed and recreated to read:
AB100-ASA1,526,1917 59.58 (6) (b) The counties of Kenosha, Milwaukee, and Racine shall create a
18regional transit authority. The governing body of the authority shall consist of the
19following members:
AB100-ASA1,526,2120 1. Three members, one from each county in the region, appointed by the county
21executive of each county and approved by the county board.
AB100-ASA1,526,2322 2. Three members, one from the most populous city in each county in the region,
23appointed by the mayor of each such city and approved by the common council.
AB100-ASA1,526,2524 3. One member from the most populous city in the region, nominated by the
25governor, and with the advice and consent of the senate appointed.
AB100-ASA1, s. 1235i
1Section 1235i. 59.58 (6) (bm) of the statutes is created to read:
AB100-ASA1,527,32 59.58 (6) (bm) No action may be taken by the authority unless at least 6
3members of the authority's governing body vote to approve the action.
AB100-ASA1, s. 1235k 4Section 1235k. 59.58 (6) (c) of the statutes is amended to read:
AB100-ASA1,527,85 59.58 (6) (c) The Notwithstanding s. 59.84 (2), the authority shall be
6responsible for the coordination of highway and transit and commuter rail programs
7in the region and for other responsibilities as specified for the authority by the
8legislature
.
AB100-ASA1, s. 1235L 9Section 1235L. 59.58 (6) (cg) of the statutes is created to read:
AB100-ASA1,527,1010 59.58 (6) (cg) 1. The authority may impose the fees under subch. XIII of ch. 77.
AB100-ASA1,527,1311 2. The authority shall retain all revenues received under subd. 1., except those
12expended as authorized under par. (cr), until the authority has submitted the report
13specified in par. (e) and action on the report is taken by the legislature.
AB100-ASA1, s. 1235m 14Section 1235m. 59.58 (6) (cr) of the statutes is created to read:
AB100-ASA1,527,1615 59.58 (6) (cr) The authority may hire staff, conduct studies, and expend funds
16essential to the preparation of the report specified in par. (e).
AB100-ASA1, s. 1235n 17Section 1235n. 59.58 (6) (d) of the statutes is amended to read:
AB100-ASA1,527,2118 59.58 (6) (d) The department of transportation or its designee, the
19southeastern Wisconsin Regional Planning Commission, or any designee of the
20governing body of the authority
may provide administrative support services to
21assist the authority in fulfilling its duties.
AB100-ASA1, s. 1235o 22Section 1235o. 59.58 (6) (dm) of the statutes is created to read:
AB100-ASA1,527,2523 59.58 (6) (dm) Any recipient of state funding for the planning or engineering
24of a commuter rail project in the region shall periodically report to the authority's
25governing body or staff.
AB100-ASA1, s. 1235p
1Section 1235p. 59.58 (6) (e) (intro.) of the statutes is amended to read:
AB100-ASA1,528,52 59.58 (6) (e) (intro.) By November 15, 1992 2008, the authority shall submit to
3the governor and to the chief clerk of each house of the legislature, for distribution
4to the legislature under s. 13.172 (2), a report on the activities of the authority. The
5report shall include all of the following:
AB100-ASA1, s. 1235q 6Section 1235q. 59.58 (6) (e) 1. and 2. of the statutes are repealed.
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