SECTION 2. 46.275 (5) (e) of the statutes is created to read:
46.275 (5) (e) From the appropriation under s. 20.435 (2) (gL), the department may provide moneys to a county to pay for one-time costs associated with the relocation under this section of an individual from a state center for the developmentally disabled.
SECTION 3. 51.06 (1m) (d) of the statutes is amended to read:
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.
SECTION 4. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and amended to read:
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.
SECTION 5. 51.06 (3) (b) of the statutes is created to read:
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:
1. The department determines that a licensed bed and other necessary resources are available to provide services to the individual.
2. The department and the county of residence of the individual agree on a maximum discharge date for the individual.
SECTION 6. 51.06 (5) of the statutes is created to read:
51.06 (5) SURCHARGE FOR EXTENDED INTENSIVE TREATMENT. The department may impose on a county a progressive surcharge for services under sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the individual's services under s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10% of the amount paid for the individual's services under s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (gL).
SECTION 7. 51.20 (13) (c) (intro.) of the statutes is amended to read:
51.20 (13) (c) (intro.) If disposition is made under par. (a) 3., all of the following apply:
SECTION 8. 51.20 (13) (c) 1. of the statutes is amended to read:
51.20 (13) (c) 1. The court shall designate the facility or service which that is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall designate only the central center for the developmentally disabled unless the department authorizes designation of the northern or southern center for the developmentally disabled; subject to s. 51.06 (3).
SECTION 9. 51.20 (13) (c) 2. of the statutes is amended to read:
51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which that may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to 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; and subject to s. 51.06 (3).
SECTION 10. 51.20 (13) (f) of the statutes is amended to read:
51.20 (13) (f) The county department under s. 51.42 or 51.437 which that receives an individual who is committed by a court under par. (a) 3. is authorized to place such the individual in an approved treatment facility, subject to any limitations which are specified by the court under par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which that is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have has ongoing responsibility to review the individual's needs, in accordance with sub. (17), and to transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall be made only to the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled Placement or transfer under this paragraph is subject to s. 51.06 (3).
SECTION 11. 51.35 (1) (bm) of the statutes is amended to read:
51.35 (1) (bm) Notwithstanding par. (b), transfer Transfer of a patient under the age of 22 years resident by a county department to a center for the developmentally disabled may be made only to the central center for the developmentally disabled unless the department authorizes the transfer of the patient to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3).
****NOTE: This is reconciled s. 51.35 (1) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0211/4 and LRB-0196/2.
SECTION 12. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance that are not provided by the federal government, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1.
SECTION 13. 51.67 (intro.) of the statutes is amended to read:
51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. If the court orders temporary Temporary protective placement for an individual under the age of 22 years in a center for the developmentally disabled, this placement may be made only at the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
SECTION 9324. Initial applicability; health and family services.
(1) EXTENDED INTENSIVE TREATMENT SURCHARGE. The treatment of sections 20.435 (2) (gL), 46.275 (5) (e), 51.06 (1m) (d) and (5), 51.20 (13) (c) (intro.), 1., and 2. and (f), 51.35 (1) (bm), 51.437 (4rm) (c) 2m., and 51.67 (intro.) of the statutes, the renumbering of section 51.06 (3) of the statutes, and the creation of section 51.06 (3) (b) of the statutes first apply to services under section 51.06 (1m) (d) of the statutes that are provided on the effective date of this subsection.
(End)
LRB-0229LRB-0229/2
PJK:kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0298, Tax intercept of repayments of job access loans
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Wisconsin Works
Under current law, overpayments of food stamp benefits and various benefits under Wisconsin Works (W-2) may be recovered as a setoff against any income tax refund owed to the person who received the overpayment. DWD certifies the amount of the overpayment to DOR. Before the certification, the person who received the overpayment receives notice that the overpayment amount will be certified and set off against any tax refund to which he or she may be entitled. The person may request a hearing to appeal the overpayment determination.
Also under current law, DWD makes job access loans, which must be repaid, to persons who are eligible for W-2 and who need such loans to obtain or continue employment. This bill authorizes DWD to certify delinquent job access loan repayments to DOR for setoff against any income tax refund owed to the person who received the loan. The same notice and hearing rights that apply under current law to certification of benefits overpayments apply to certification of delinquent job access loan repayments. Delinquent repayment amounts collected by DOR and paid to DWD must be used to make more job access loans.
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. 20.445 (3) (jL) of the statutes is amended to read:
20.445 (3) (jL) Job access loan repayments. All moneys received from repayments of loans made under s. 49.147 (6), and from the department of revenue under s. 71.93 for delinquent job access loan repayments certified under s. 49.85, for the purpose of making loans under s. 49.147 (6).
****NOTE: This is reconciled s. 20.445 (3) (jL). This section has been affected by LRB-0229 and LRB-1256.
SECTION 2. 49.147 (6) (cm) of the statutes is created to read:
49.147 (6) (cm) Collection of delinquent repayments. 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.
2. Subdivision 1. applies to delinquent repayments existing on or after the effective date of this subdivision .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.
SECTION 3. 49.85 (title) of the statutes is amended to read:
49.85 (title) Certification of certain public assistance overpayments and delinquent loan repayments.
SECTION 4. 49.85 (1) of the statutes is amended to read:
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.
SECTION 5. 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, 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.
SECTION 6. 49.85 (3) (b) (intro.) of the statutes is amended to read:
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:
SECTION 7. 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, 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.
SECTION 8. 49.85 (5) of the statutes is amended to read:
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.
SECTION 9. 71.93 (1) (a) 4. of the statutes is amended to read:
71.93 (1) (a) 4. An amount that the department of workforce development may recover under s. 49.161, 49.195 (3), or 49.793, or may collect under s. 49.147 (6) (cm), if the department of workforce development has certified the amount under s. 49.85.
(End)
LRB-0231LRB-0231/1
GMM:kjf&kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0299, JobRide grants
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
employment
Under current law, DWD is required to administer an employment transit assistance program under which DWD conducts projects, or provides grants to local public bodies and mass transit systems to conduct projects, to improve access to jobs that are located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system. Currently, certain requirements apply to the employment transit assistance program, including a requirement that all jobs accessed by the program must pay at least $4 per hour, a requirement that fares charged under the program may not exceed $2 per one-way trip, and a requirement that employers of employees participating in the program must pay at least 50% of the cost per one-way trip for those employees. This bill eliminates those requirements.
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. 106.26 (4) of the statutes is repealed.
(End)
LRB-0267LRB-0267/1
MJL:cjs:jf
2003 - 2004 LEGISLATURE
DOA:......Binau - BB0063 New appropriation for veterinary diagnostic laboratory
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
This bill creates an appropriation for all federal funds received for the veterinary diagnostic laboratory.
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. 20.285 (1) (mc) of the statutes is created to read:
20.285 (1) (mc) Veterinary diagnostic laboratory; federal funds. All moneys received from the federal government for the veterinary diagnostic laboratory to be used in accordance with the provisions of the federal grant or program.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0279LRB-0279/2
PJK:cjs&wlj:jf
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0179, Federal incentive payments exceeding statutory cap
For 2003-05 Budget -- Not Ready For Introduction
