SB44, s. 1458 3Section 1458 . 49.85 (3) (b) 1. of the statutes, as affected by 2003 Wisconsin Act
4.... (this act), is amended to read:
SB44,636,105 49.85 (3) (b) 1. Inform the person that the department of workforce
6development intends to certify to the department of revenue an amount that the
7department of workforce development has determined to be due under s. 49.161,
849.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan
9under s. 49.147 (6) 49.1471, for setoff from any state tax refund that may be due the
10person.
SB44, s. 1459 11Section 1459. 49.85 (5) of the statutes is amended to read:
SB44,636,2012 49.85 (5) Effect of certification. Receipt of a certification by the department
13of revenue shall constitute a lien, equal to the amount certified, on any state tax
14refunds or credits owed to the obligor. The lien shall be foreclosed by the department
15of revenue as a setoff under s. 71.93. Certification of an amount under this section
16does not prohibit the department of health and family services or the department of
17workforce development from attempting to recover or collect the amount through
18other legal means. The department of health and family services or the department
19of workforce development shall promptly notify the department of revenue upon
20recovery or collection of any amount previously certified under this section.
SB44, s. 1460 21Section 1460. 49.854 (11) (b) of the statutes is amended to read:
SB44,637,222 49.854 (11) (b) The department. The department may assess a collection fee
23to recover the department's costs incurred in levying against property under this
24section. The department shall determine its costs to be paid in all cases of levy. The
25obligor is liable to the department for the amount of the collection fee authorized

1under this paragraph. Fees collected under this paragraph shall be credited to the
2appropriation account under s. 20.445 (1) (L) (3) (ja).
SB44, s. 1461 3Section 1461. 49.95 (4m) (a) of the statutes is amended to read:
SB44,637,94 49.95 (4m) (a) Without legal authority, sends or brings a person to a county,
5tribal governing body, or municipality or advises a person to go to a county, tribal
6governing body, or municipality for the purpose of obtaining relief funded by a relief
7block grant, wages, a stipend, or benefits under the Wisconsin works Works program
8under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19,
9medical assistance under subch. IV, or food stamps under 7 USC 2011 to 2029.
SB44, s. 1462 10Section 1462. 49.95 (11) of the statutes is amended to read:
SB44,637,1211 49.95 (11) "Public assistance" as used in this section includes relief funded by
12a relief block grant and wages, a stipend, or benefits under ss. 49.141 to 49.161.
SB44, s. 1463 13Section 1463. 49.96 of the statutes is amended to read:
SB44,637,20 1449.96 Assistance grants exempt from levy. All grants of aid to families with
15dependent children, stipends paid under s. 49.147 (3m) (g), payments made under
16ss. s. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, 49.155, or
1749.157
, payments made for social services, cash benefits paid by counties under s.
1859.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every
19tax, and from execution, garnishment, attachment, and every other process and shall
20be inalienable.
SB44, s. 1464 21Section 1464. 50.01 (1g) (c) of the statutes is amended to read:
SB44,637,2222 50.01 (1g) (c) A shelter facility as defined under s. 16.352 560.9808 (1) (d).
SB44, s. 1465 23Section 1465. 50.03 (5g) (c) 1. (intro.) of the statutes is amended to read:
SB44,638,224 50.03 (5g) (c) 1. (intro.) A daily forfeiture amount per violation of not less than
25$10 nor more than $1,000 $10,000 for each violation, with each day of violation

1constituting a separate offense. All of the following apply to a forfeiture under this
2subdivision:
SB44, s. 1466 3Section 1466. 50.03 (5g) (c) 1. c. of the statutes is amended to read:
SB44,638,104 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days
5after receipt of notice of assessment or, if the forfeiture is contested under par. (f),
6within 10 days after receipt of the final decision after exhaustion of administrative
7review, unless the final decision is appealed and the order is stayed by court order
8under s. 50.03 (11). The department shall remit all forfeitures paid under this
9subdivision to the state treasurer secretary of administration for deposit in the
10school fund.
SB44, s. 1467 11Section 1467. 50.034 (8) (d) of the statutes is amended to read:
SB44,638,1712 50.034 (8) (d) All forfeitures shall be paid to the department within 10 days
13after receipt of notice of assessment or, if the forfeiture is contested under par. (c),
14within 10 days after receipt of the final decision after exhaustion of administrative
15review, unless the final decision is appealed and the order is stayed by court order.
16The department shall remit all forfeitures paid to the state treasurer secretary of
17administration
for deposit in the school fund.
SB44, s. 1468 18Section 1468. 50.035 (11) (d) of the statutes is amended to read:
SB44,638,2419 50.035 (11) (d) All forfeitures shall be paid to the department within 10 days
20after receipt of notice of assessment or, if the forfeiture is contested under par. (c),
21within 10 days after receipt of the final decision after exhaustion of administrative
22review, unless the final decision is appealed and the order is stayed by court order.
23The department shall remit all forfeitures paid to the state treasurer secretary of
24administration
for deposit in the school fund.
SB44, s. 1469 25Section 1469. 50.04 (5) (bm) of the statutes is created to read:
SB44,639,6
150.04 (5) (bm) Forfeiture surcharge. Whenever the department imposes a
2forfeiture under par. (a) for a violation of this subchapter or a rule promulgated under
3this subchapter, the department shall in addition levy a forfeiture surcharge in an
4amount of 6% of the forfeiture imposed. If multiple violations are involved, the
5forfeiture surcharge under this paragraph shall be based on the total forfeitures for
6all violations.
SB44, s. 1470 7Section 1470. 50.04 (5) (c) of the statutes is amended to read:
SB44,639,158 50.04 (5) (c) Assessment of forfeitures ; powers and duties of department and
9forfeiture surcharges
. The department may directly assess forfeitures provided for
10under par. (a) and forfeiture surcharges provided for under par. (bm). If the
11department determines that a forfeiture and forfeiture surcharge should be assessed
12for a particular violation or for failure to correct it, it shall send a notice of assessment
13to the nursing home. The notice shall specify the amount of the forfeiture and
14forfeiture surcharge
assessed, the violation, the statute or rule alleged to have been
15violated, and shall inform the licensee of the right to hearing under par. (e).
SB44, s. 1471 16Section 1471. 50.04 (5) (f) of the statutes is amended to read:
SB44,639,2417 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All
18forfeitures and forfeiture surcharges shall be paid to the department within 10 days
19of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within
2010 days of receipt of the final decision after exhaustion of administrative review,
21unless the final decision is appealed and the order is stayed by court order under s.
2250.03 (11). The department shall remit all forfeitures paid to the state treasurer for
23deposit in the school fund and shall credit all forfeiture surcharges to the
24appropriation account under s. 20.435 (6) (jm)
.
SB44, s. 1472
1Section 1472 . 50.04 (5) (f) of the statutes, as affected by 2003 Wisconsin Act
2.... (this act), is amended to read:
SB44,640,103 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All
4forfeitures and forfeiture surcharges shall be paid to the department within 10 days
5of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within
610 days of receipt of the final decision after exhaustion of administrative review,
7unless the final decision is appealed and the order is stayed by court order under s.
850.03 (11). The department shall remit all forfeitures paid to the state treasurer
9secretary of administration for deposit in the school fund and shall credit all
10forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).
SB44, s. 1473 11Section 1473. 50.07 (3) (a) of the statutes is repealed.
SB44, s. 1474 12Section 1474. 50.07 (3) (b) of the statutes is amended to read:
SB44,640,1613 50.07 (3) (b) Any employee of an employer not described in par. (a) who is
14discharged or otherwise retaliated or discriminated against in violation of sub. (1)
15(e) or (em) may file a complaint with the department of workforce development under
16s. 106.54 (5).
SB44, s. 1475 17Section 1475. 50.07 (3) (c) of the statutes is amended to read:
SB44,640,2018 50.07 (3) (c) Any person not described in par. (a) or (b) who is retaliated or
19discriminated against in violation of sub. (1) (e) or (em) may commence an action in
20circuit court for damages incurred as a result of the violation.
SB44, s. 1476 21Section 1476. 50.14 (title) of the statutes is amended to read:
SB44,640,22 2250.14 (title) Assessments on occupied, licensed beds.
SB44, s. 1477 23Section 1477. 50.14 (1) (a) of the statutes is amended to read:
SB44,641,224 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home
25or an intermediate care facility for the mentally retarded, which is not state-owned

1or state-operated, federally owned or federally operated or
that is not located outside
2the state.
SB44, s. 1478 3Section 1478. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and
4amended to read:
SB44,641,225 50.14 (2) (intro.) For the privilege of doing business in this state, there is
6imposed on all occupied, licensed beds of a facility , except occupied, licensed beds for
7which payment is made under 42 USC 1395 to 1395ccc,
an assessment that shall be
8deposited in the general fund and
that is $100 per calendar month per occupied,
9licensed bed of an intermediate care facility for the mentally retarded may not exceed
10$435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05
and is
11$32
an assessment that may not exceed $116 per calendar month per occupied,
12licensed bed of a nursing home. The assessment shall be on the average number of
13occupied, licensed beds of a facility for the calendar month previous to the month of
14assessment, based on an average daily midnight census computed and reported by
15the facility and verified by the department. Charged bed-hold days for any resident
16of a facility shall be included as one full day in the average daily midnight census

17deposited in the general fund, except that in fiscal year 2003-04, amounts in excess
18of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and,
19beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money
20received from the assessment shall be deposited in the Medical Assistance trust
21fund
. In determining the number of occupied, licensed beds, if all of the following
22apply:
SB44,641,25 23(a) If the amount of the beds is other than a whole number, the fractional part
24of the amount shall be disregarded unless it equals 50% or more of a whole number,
25in which case the amount shall be increased to the next whole number.
SB44, s. 1479
1Section 1479. 50.14 (2) (b) of the statutes is created to read:
SB44,642,42 50.14 (2) (b) The number of licensed beds of a nursing home includes any
3number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted
4from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.
SB44, s. 1480 5Section 1480. 50.14 (3) of the statutes is amended to read:
SB44,642,126 50.14 (3) By the end of each month, each facility shall submit to the department
7the facility's occupied licensed bed count and the amount due under sub. (2) for each
8occupied licensed bed of the facility for the month preceding the month during which
9the bed count and payment are is being submitted. The department shall verify the
10bed count number of beds licensed and, if necessary, make adjustments to the
11payment, notify the facility of changes in the bed count or payment owing and send
12the facility an invoice for the additional amount due or send the facility a refund.
SB44, s. 1481 13Section 1481. 50.14 (4) of the statutes is amended to read:
SB44,642,2014 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60
15(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
16under subch. III of ch. 77, apply to the assessment under this section , except that the
17amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in
18fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning
19July 1, 2005, in excess of 45% in each fiscal year shall be deposited in the Medical
20Assistance trust fund
.
SB44, s. 1482 21Section 1482. 50.38 (4) of the statutes is amended to read:
SB44,643,222 50.38 (4) All forfeitures shall be paid to the department within 10 days after
23receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within
2410 days after receipt of the final decision after exhaustion of administrative review,
25unless the final decision is appealed and the order is stayed by court order. The

1department shall remit all forfeitures paid to the state treasurer secretary of
2administration
for deposit in the school fund.
SB44, s. 1483 3Section 1483. 50.55 (1) (e) of the statutes is amended to read:
SB44,643,84 50.55 (1) (e) All forfeitures shall be paid to the department within 10 days after
5receipt of notice of assessment or, if the forfeiture is contested under par. (d), within
610 days after receipt of the final decision, unless the final decision is appealed and
7the decision is in favor of the appellant. The department shall remit all forfeitures
8paid to the state treasurer secretary of administration for deposit in the school fund.
SB44, s. 1484 9Section 1484. 50.90 (2) of the statutes is amended to read:
SB44,643,1210 50.90 (2) "Organization" means a public agency, as defined in s. 46.93 (1m) (e)
1146.856 (1) (b), a nonprofit corporation, a for-profit stock corporation, a cooperative,
12a partnership, a limited liability company or a sole proprietorship.
SB44, s. 1485 13Section 1485. 50.98 (5) of the statutes is amended to read:
SB44,643,2014 50.98 (5) All forfeitures shall be paid to the department within 10 days after
15receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within
1610 days after receipt of the final decision after exhaustion of administrative review,
17unless the final decision is appealed and the order is stayed by court order under the
18same terms and conditions as found in s. 50.03 (11). The department shall remit all
19forfeitures paid to the state treasurer secretary of administration for deposit in the
20school fund.
SB44, s. 1486 21Section 1486. 51.06 (1m) (d) of the statutes is amended to read:
SB44,643,2422 51.06 (1m) (d) Services for up to 50 individuals with developmental disability
23who are also diagnosed as mentally ill or who exhibit extremely aggressive and
24challenging behaviors.
SB44, s. 1487
1Section 1487. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and
2amended to read:
SB44,644,63 51.06 (3) (a) Individuals Subject to par. (b), individuals under the age of 22
4years shall be placed only at the central center for the developmentally disabled
5unless the department authorizes the placement of the individual at the northern or
6southern center for the developmentally disabled.
SB44, s. 1488 7Section 1488. 51.06 (3) (b) of the statutes is created to read:
SB44,644,108 51.06 (3) (b) An individual may be placed at a center for the developmentally
9disabled for services under sub. (1m) (d) only after all of the following conditions are
10met:
SB44,644,1211 1. The department determines that a licensed bed and other necessary
12resources are available to provide services to the individual.
SB44,644,1413 2. The department and the county of residence of the individual agree on a
14maximum discharge date for the individual.
SB44, s. 1489 15Section 1489. 51.06 (5) of the statutes is created to read:
SB44,644,2416 51.06 (5) Surcharge for extended intensive treatment. The department may
17impose on a county a progressive surcharge for services under sub. (1m) (d) that an
18individual receives after the maximum discharge date for the individual that was
19agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the
20individual's services under s. 49.45 during any part of the first 6-month period
21following the maximum discharge date, and increases by 10% of the amount paid for
22the individual's services under s. 49.45 during any part of each 6-month period
23thereafter. Any revenues received under this subsection shall be credited to the
24appropriation account under s. 20.435 (2) (gL).
SB44, s. 1490 25Section 1490. 51.06 (6) of the statutes is created to read:
SB44,645,15
151.06 (6) Sale of assets or real property at Northern Center for the
2Developmentally Disabled.
The department may maintain the Northern Center for
3the Developmentally Disabled for the purpose specified in sub. (1), but may sell
4assets or real property of the Northern Center for the Developmentally Disabled. If
5there is any outstanding public debt used to finance the acquisition, construction, or
6improvement of any property that is sold under this subsection, the department shall
7deposit a sufficient amount of the net proceeds from the sale of the property in the
8bond security and redemption fund under s. 18.09 to repay the principal and pay the
9interest on the debt, and any premium due upon refunding any of the debt. If the
10property was purchased with federal financial assistance, the department shall pay
11to the federal government any of the net proceeds required by federal law. If there
12is no such debt outstanding and there are no moneys payable to the federal
13government, or if the net proceeds exceed the amount required to be deposited or paid
14under this subsection, the department shall deposit the net proceeds or remaining
15net proceeds in the budget stabilization fund.
SB44, s. 1491 16Section 1491. 51.20 (13) (c) (intro.) of the statutes is amended to read:
SB44,645,1817 51.20 (13) (c) (intro.) If disposition is made under par. (a) 3., all of the following
18apply
:
SB44, s. 1492 19Section 1492. 51.20 (13) (c) 1. of the statutes is amended to read:
SB44,645,2520 51.20 (13) (c) 1. The court shall designate the facility or service which that is
21to receive the subject individual into the mental health system, except that, if the
22subject individual is under the age of 22 years and the facility is a center for the
23developmentally disabled, the court shall designate only the central center for the
24developmentally disabled unless the department authorizes designation of the
25northern or southern center for the developmentally disabled;
subject to s. 51.06 (3).
SB44, s. 1493
1Section 1493. 51.20 (13) (c) 2. of the statutes is amended to read:
SB44,646,102 51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange
3for treatment in the least restrictive manner consistent with the requirements of the
4subject individual in accordance with a court order designating the maximum level
5of inpatient facility, if any, which that may be used for treatment, except that, if the
6subject individual is under the age of 22 years and the facility is a center for the
7developmentally disabled, designation shall be only to the central center for the
8developmentally disabled unless the department authorizes the placement of the
9individual at the northern or southern center for the developmentally disabled; and

10subject to s. 51.06 (3).
SB44, s. 1494 11Section 1494. 51.20 (13) (f) of the statutes is amended to read:
SB44,647,212 51.20 (13) (f) The county department under s. 51.42 or 51.437 which that
13receives an individual who is committed by a court under par. (a) 3. is authorized to
14place such the individual in an approved treatment facility, subject to any limitations
15which are specified by the court under par. (c) 2. The county department shall place
16the subject individual in the treatment program and treatment facility which that
17is least restrictive of the individual's personal liberty, consistent with the treatment
18requirements of the individual. The county department shall have has ongoing
19responsibility to review the individual's needs, in accordance with sub. (17), and to
20transfer the person to the least restrictive program consistent with the individual's
21needs. If the subject individual is under the age of 22 years and if the facility
22appropriate for placement or transfer is a center for the developmentally disabled,
23placement or transfer of the individual shall be made only to the central center for
24the developmentally disabled unless the department authorizes the placement or

1transfer to the northern or southern center for the developmentally disabled

2Placement or transfer under this paragraph is subject to s. 51.06 (3).
SB44, s. 1495 3Section 1495. 51.35 (1) (a) of the statutes is amended to read:
SB44,647,214 51.35 (1) (a) The Subject to pars. (b) and (d), the department or the county
5department under s. 51.42 or 51.437 may transfer any patient or resident who is
6committed to it, or who is admitted to a treatment facility under its supervision or
7operating under an agreement with it, between treatment facilities or from a
8treatment facility into the community if such the transfer is consistent with
9reasonable medical and clinical judgment and, consistent with s. 51.22 (5). The
10transfer shall be made
, and, if the transfer results in a greater restriction of personal
11freedom for the patient or resident,
in accordance with par. (e). Terms and conditions
12which that will benefit the patient or resident may be imposed as part of a transfer
13to a less restrictive treatment alternative. A patient or resident who is committed
14to the department or a county department under s. 51.42 or 51.437 may be required
15to take medications and receive treatment, subject to the right of the patient or
16resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through
17a community support program as a term or condition of a transfer. The patient or
18resident shall be informed at the time of transfer of the consequences of violating
19such the terms and conditions of the transfer, including possible transfer back to a
20facility which treatment facility that imposes a greater restriction on personal
21freedom of the patient or resident.
SB44, s. 1496 22Section 1496. 51.35 (1) (b) of the statutes is amended to read:
SB44,648,323 51.35 (1) (b) In addition to the requirements in par. (a), a Except as provided
24in pars. (c) and (d), a
transfer of a patient in a mental health institute or center for
25the developmentally disabled
by the department is subject to the approval of the

1appropriate county department under ss. 51.42 and 51.437 to which the patient was
2committed or through which the patient was admitted to the facility, if any mental
3health institute
.
SB44, s. 1497 4Section 1497. 51.35 (1) (bm) of the statutes is amended to read:
SB44,648,105 51.35 (1) (bm) Notwithstanding par. (b), transfer Transfer of a patient under
6the age of 22 years
resident by a county department to a center for the
7developmentally disabled may be made only to the central center for the
8developmentally disabled unless the department authorizes the transfer of the
9patient to the northern or southern center for the developmentally disabled
is subject
10to s. 51.06 (3)
.
SB44, s. 1498 11Section 1498. 51.35 (1) (c) of the statutes is amended to read:
SB44,648,2012 51.35 (1) (c) The department may, without approval of and without first
13notifying
the county department under s. 51.42 or 51.437 and notwithstanding par.
14(d) 3.
, transfer any patient from a treatment facility to another treatment facility
15when the condition of the patient requires such transfer without delay. The
16department shall notify the appropriate county department under s. 51.42 or 51.437
17that the transfer has been made. Any patient so transferred may be returned to the
18treatment facility from which the transfer was made, upon orders from the
19department or the county department under s. 51.42 or 51.437, when such the return
20would be in the best interests of the patient.
SB44, s. 1499 21Section 1499. 51.35 (1) (d) of the statutes is amended to read:
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