The bill also provides that, if an MA or BadgerCare recipient to or for whom an incorrect payment was made fails, after notice, to repay the incorrect amount, DHFS may bring an action to enforce repayment or may issue an order to compel repayment. The recipient has 30 days to appeal the order, but if he or she does not pay the amount due under the order and does not appeal the order within 30 days, DHFS may present a certified copy of the order to the circuit court. The circuit court must render a judgment in accordance with the order without further notice to the recipient. The judgment may be enforced in the same manner as any other judgment rendered by a court. In addition, DHFS must certify the obligation to DOR for collection as a setoff against any state income tax refund that is due the recipient. This procedure for obtaining a judgment for the amount of an incorrect payment and for collecting the amount as a tax refund setoff is similar to the procedure in current law for obtaining a judgment for, and collecting, amounts owed to DHFS for various types of care, maintenance, and services that DHFS is required to provide, such as to persons committed to inpatient treatment facilities, to persons criminally committed to mental health institutions, to juveniles taken into custody for emergency detention, and to persons protectively placed or receiving protective services.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.497 (title) of the statutes is amended to read:
49.497 (title) Recovery of incorrect medical assistance Medical Assistance or Badger Care payments.
SECTION 2. 49.497 (1) of the statutes is renumbered 49.497 (1) (a) (intro.) and amended to read:
49.497 (1) (a) (intro.) The department may recover any payment made incorrectly for benefits specified under s. 49.46, 49.468 or 49.47 provided under this subchapter or s. 49.665 if the incorrect payment results from any of the following:
1. A misstatement or omission of fact by a person supplying information in an application for benefits under s. 49.46, 49.468 or 49.47 this subchapter or s. 49.665.
2. The department may also recover if a medical assistance failure of a Medical Assistance or Badger Care recipient or any other person responsible for giving information on the recipient's behalf fails to report the receipt of income or assets in an amount that would have affected the recipient's eligibility for benefits.
(b) The department's right of recovery is against any medical assistance Medical Assistance or Badger Care recipient to whom or on whose behalf the incorrect payment was made. The extent of recovery is limited to the amount of the benefits incorrectly granted. The county department under s. 46.215 or 46.22 or the governing body of a federally recognized American Indian tribe administering medical assistance Medical Assistance or Badger Care shall begin recovery actions on behalf of the department according to rules promulgated by the department.
SECTION 3. 49.497 (1) (a) 3. of the statutes is created to read:
49.497 (1) (a) 3. The failure of a Medical Assistance or Badger Care recipient or any other person responsible for giving information on the recipient's behalf to report any change in the recipient's financial or nonfinancial situation or eligibility characteristics that would have affected the recipient's eligibility for benefits or the recipient's cost-sharing requirements.
SECTION 4. 49.497 (1m) of the statutes is created to read:
49.497 (1m) (a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.
(b) If any recipient, or parent of a minor recipient, named in an order to compel payment issued under par. (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The sworn statement of the secretary shall be evidence of the incorrect payment. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this paragraph shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
(c) The recovery procedure under this subsection is in addition to any other recovery procedure authorized by law.
SECTION 5. 49.497 (2) of the statutes is amended to read:
49.497 (2) A county or governing body of a federally recognized American Indian tribe may retain 15% of benefits distributed under s. 49.46, 49.468 or 49.47 provided under this subchapter or s. 49.665 that are recovered under sub. (1) this section due to the efforts of an employee or officer of the county or tribe.
SECTION 6. 49.497 (4) of the statutes is created to read:
49.497 (4) The department may appear for the state in any and all collection matters under this section, and may commence suit in the name of the department to recover an incorrect payment from the recipient to whom or on whose behalf it was made.
SECTION 7. 49.497 (5) of the statutes is created to read:
49.497 (5) The department may make an agreement with a recipient, or parent of a minor recipient, who is liable under sub. (1), providing for repayment of an incorrect payment at a specified rate or amount.
SECTION 8. 49.85 (2) (a) of the statutes is renumbered 49.85 (2) (a) (intro.) and amended to read:
49.85 (2) (a) (intro.) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under s. 49.45 (2) (a) 10. or, 49.497, 49.793, or 49.847, except that the department of health and family services may not certify an amount under this subsection unless it all of the following apply:
1. The department has met the notice requirements under sub. (3) and unless its.
2. The department's determination has either not been appealed or is no longer under appeal.
SECTION 9. 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).
****NOTE: This is reconciled s. 49.85 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-0265 and LRB-0879.
SECTION 9321. Initial applicability; health and family services.
(1) RECOVERY OF INCORRECT PAYMENTS UNDER MEDICAL ASSISTANCE AND BADGERCARE.
(a) Incorrect payments. The treatment of sections 49.497 (title) and (2) of the statutes, the renumbering and amendment of section 49.497 (1) of the statutes, and the creation of section 49.497 (1) (a) 3. of the statutes first apply to incorrect payments made on the effective date of this paragraph.
(b) Recovery procedure. The treatment of sections 20.435 (4) (L) and 49.497 (1m), (4), and (5) of the statutes, the renumbering and amendment of section 49.85 (2) (a) of the statutes, and the creation of section 49.85 (2) (a) 3. of the statutes first apply to incorrect payment recoveries that are commenced on the effective date of this paragraph, regardless of when the incorrect payments were made.
(End)
LRB-0945LRB-0945/2
JK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Koskinen, BB0268 - Terminal tax payments for oil pipeline terminal facilities
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Under current law, the amount of the taxes imposed by the state on railroad company property related to repair facilities, docks, ore yards, piers, wharves, grain elevators, or car ferries is distributed annually to the towns, villages, and cities in which such property is located. Under this bill, the amount of the taxes imposed by the state on a oil pipeline terminal facility owned by a pipeline company is distributed annually to the towns, villages, and cities in which such property is located.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.855 (4) (bm) of the statutes is created to read:
20.855 (4) (bm) Oil pipeline terminal tax distribution. A sum sufficient to distribute oil pipeline terminal taxes to towns, villages, and cities under s. 76.24 (2) (am), except that the distribution paid from this appropriation in fiscal year 2006-07 may not exceed $652,100.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.855 (4) (q) of the statutes is amended to read:
20.855 (4) (q) Terminal tax distribution. From the transportation fund, a sum sufficient for the towns', villages' and cities' share of railroad taxes under s. 76.24 (2) (a).
SECTION 3. 76.16 of the statutes is amended to read:
76.16 Separate valuation of repair facilities, docks, piers, wharves, ore yards, elevators, car ferries and oil pipeline terminal facilities. After the property of a company is first valued as a whole, if any repair facilities, docks, ore yards, piers, wharves, grain elevators or car ferries used in transferring freight or passengers between cars and vessels or transfer of freight cars located on car ferries, or if any oil pipeline terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels shall be included in such valuation, then for the purpose of accounting to the proper taxation districts, the department shall make a separate valuation of each such repair facility, dock, ore yard, pier, wharf, grain elevator, including the approaches thereto, or car ferries and of each such oil pipeline terminal storage facility, dock, pipeline and pumping equipment. As used herein, an approach shall be an immediate access facility commencing at the switching point which leads primarily to the terminal facility. For the purpose of defining the oil pipeline terminal facilities affected by this section, such facilities shall begin where the incoming pipeline enters the terminal storage facility site used in the transfer of oil to vessels.
SECTION 4. 76.24 (2) (a) of the statutes is amended to read:
76.24 (2) (a) All taxes paid by any railroad company derived from or apportionable to repair facilities, docks, ore yards, piers, wharves, grain elevators, and their approaches, or car ferries or terminal storage facilities, docks, pipelines and pumping equipment used in transferring oil from pipelines to vessels on the basis of the separate valuation provided for in s. 76.16, shall be distributed annually from the transportation fund to the towns, villages and cities in which they are located, pursuant to certification made by the department of revenue on or before August 15.
SECTION 5. 76.24 (2) (am) of the statutes is created to read:
76.24 (2) (am) All taxes paid by any pipeline company derived from or apportionable to oil pipeline terminal facilities on the basis of the separate valuation under s. 76.16 shall be distributed annually from the appropriation under s. 20.855 (4) (bm) to the towns, villages, and cities in which the facilities are located, pursuant to certification made by the department of revenue no later than November 1.
SECTION 6. 76.24 (2) (bm) of the statutes is created to read:
76.24 (2) (bm) If the state is compelled to refund in whole or in part any of the taxes which have been distributed to municipalities under par. (am), the municipalities shall repay to the state, for deposit in the general fund, the amount of such tax received by them, and the department of administration shall certify the amounts to be repaid to the state to the county clerks of the counties in which the municipalities are located for levy and collection from the municipalities as other state taxes are levied and collected.
SECTION 9441. Effective dates; revenue.
(1) OIL PIPELINE TERMINAL TAX DISTRIBUTIONS. The treatment of sections 20.855 (4) (bm) and (q), 76.16, and 76.24 (a), (am), and (bm) of the statutes takes effect on January 1, 2006.
(End)
LRB-0955LRB-0955/10
CMH/RAC:jld/wlj/kjf:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0252 - Attorney consolidation; transfer to DOA
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
Other state government
This bill creates a division of legal services in DOA that is authorized to provide legal services to executive branch agencies. With certain exceptions, this bill transfers all attorney positions and all legal staff positions in executive branch agencies to the division of legal services effective on January 1, 2006. This bill also transfers all positions identified as hearing examiners, hearing officers, or administrative law judges, other than such positions in DWD, to the division of hearings and appeals in DOA. Attorney positions in DOJ, except for two attorney positions with tax-litigating duties, the Office of the State Public Defender, the PSC, the UW System, the Employment Relations Commission, the State of Wisconsin Investment Board, the Elections Board, the Ethics Board, and the Office of the Governor are exempt, as are all state employees working in an office of a district attorney. In addition, the bill retains a general counsel or lead attorney position in each of 17 major state agencies and offices.
Under this bill, executive branch agencies that are authorized or required to employ or retain an attorney may do so only in the following ways: (1) employ an attorney in a position authorized by law, (2) contract with DOA for legal services, (3) allow DOJ to furnish legal services if DOJ is required by law to furnish the services, (4) allow or contract with the division of hearings and appeals to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services, or (5) employ or retain any attorney who is not a state employee subject to the approval of the governor.
This bill also requires the secretary of administration to lapse or transfer to the general fund from the unencumbered balances of agency appropriations, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $724,900 during the 2005-07 fiscal biennium. The secretary of administration shall lapse or transfer these moneys from allocations for agency legal services that would have been provided in that fiscal biennium with funding from those appropriations.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 15.04 (4) of the statutes is created to read:
15.04 (4) LEGAL SERVICES. If a department or independent agency is authorized or required to employ or retain an attorney, the department or independent agency may do so only in the following ways:
(a) Employ an attorney in a position authorized under s. 16.505.
(b) Contract with the department of administration for legal services under s. 16.004 (15).
(c) Allow the department of justice to furnish legal services if the department of justice is required by law to furnish the services.
(d) 1. Allow the division of hearings and appeals created under s. 15.103 (1) to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services.
2. Contract under s. 227.43 (1m) for contested case hearing services with the division of hearings and appeals if the department or independent agency is not prohibited by law to do so.
(e) Employ or retain any attorney who is not a state employee subject to s. 20.930.
SECTION 2. 15.103 (1g) of the statutes is created to read:
15.103 (1g) DIVISION OF LEGAL SERVICES. There is created in the department of administration a division of legal services. The administrator of the division shall be appointed by the secretary of administration in the unclassified service.
SECTION 3. 16.004 (15) of the statutes is created to read:
16.004 (15) LEGAL SERVICES. (a) In this subsection, "state agency" means an office, commission, department, independent agency, or board in the executive branch of state government, and includes the building commission.
(b) The department may provide legal services to state agencies. Annually, the department shall assess each state agency for the cost of the legal services provided to the state agency. The department shall credit all moneys received from state agencies under this paragraph to the appropriation account under s. 20.505 (1) (kr).
(c) An attorney employed by the department may prosecute or defend any action brought by or against the state in any matter relating to tax litigation.
SECTION 4. 20.505 (1) (kr) of the statutes is created to read:
20.505 (1) (kr) Legal services. All moneys received from assessments levied against state agencies under s. 16.004 (15) (b) for legal services provided by the department of administration to be used for providing those legal services.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 5. 73.01 (4) (b) of the statutes is amended to read:
