AB150-ASA, s. 2143
8Section
2143. 46.254 (title) of the statutes is renumbered 49.85 (title).
AB150-ASA,746,1510
46.254
(1) County department notification requirement. If a county
11department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
12recognized American Indian tribe or band determines that the department of health
13and social services may recover an amount under s.
49.083, 49.125, 49.195 (3) or
1449.497, the county department or governing body shall notify the department of
15health and social services of the determination.
AB150-ASA, s. 2146
16Section
2146
. 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act ....
17(this act), is renumbered 49.85 (1) and amended to read:
AB150-ASA,746,2418
49.85
(1) County department notification requirement. If a county
19department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
20recognized American Indian tribe or band determines that the department of health
21and social services may recover an amount under s.
49.125, 49.195 (3) or 49.497
or
22that the department of industry, labor and human relations may recover an amount
23under s. 49.125 or 49.195 (3), the county department or governing body shall notify
24the
affected department
of health and social services of the determination.
AB150-ASA,747,8
146.254
(2) Department certification. At least annually, the department shall
2certify to the department of revenue the amounts that, based on the notifications
3received under sub. (1) and on other information received by the department of
4health and social services, the department has determined that it may recover under
5ss.
49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify
6an amount under this subsection unless the department has met the notice
7requirements under sub. (3) and unless the department's determination has either
8not been appealed or is no longer under appeal.
AB150-ASA, s. 2149
9Section
2149
. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act ....
10(this act), is renumbered 49.85 (2) (a) and amended to read:
AB150-ASA,747,1911
49.85
(2) (a)
At least annually, the department
of health and social services 12shall certify to the department of revenue the amounts that, based on the
13notifications received under sub. (1) and on other information received by the
14department of health and social services, the department
of health and social
15services has determined that it may recover under
ss. 49.125, 49.195 (3) and s. 1649.497, except that the department
of health and social services may not certify an
17amount under this subsection unless
the department
it has met the notice
18requirements under sub. (3) and unless
the department's its determination has
19either not been appealed or is no longer under appeal.
AB150-ASA, s. 2150
20Section
2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a)
21(intro.) and amended to read:
AB150-ASA,747,2522
49.85
(3) (a)
(intro.)
At least 30 days before certification of an amount, the
23department
of health and social services shall send a notice to the last-known
24address of the person from whom
the that department intends to recover the amount.
25The notice shall do all of the following:
AB150-ASA,748,52
46.254
(3) (a) Inform the person that the department intends to certify to the
3department of revenue an amount that the department of health and social services
4has determined to be due under s.
49.083, 49.125, 49.195 (3) or 49.497, for setoff from
5any state tax refund that may be due the person.
AB150-ASA, s. 2153
6Section
2153
. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is renumbered 49.85 (3) (a) 1. and amended to read:
AB150-ASA,748,118
49.85
(3) (a) 1. Inform the person that the department
of health and social
9services intends to certify to the department of revenue an amount that the
10department of health and social services has determined to be due under s.
49.125,
1149.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
AB150-ASA, s. 2154
12Section
2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a)
132. to 5. and amended to read:
AB150-ASA,748,1714
49.85
(3) (a) 2. Inform the person that he or she may appeal the
department's 15determination
of the department of health and social services to certify the amount
16by requesting a hearing under sub. (4) within 30 days after the date of the letter and
17inform the person of the manner in which he or she may request a hearing.
AB150-ASA,748,2118
3. Inform the person that, if the
department's determination
of the department
19of health and social services is appealed,
the
that department will not certify the
20amount to the department of revenue while the determination of the department of
21health and social services is under appeal.
AB150-ASA,749,222
4. Inform the person that, unless a contested case hearing is requested to
23appeal the
department's determination
of the department of health and social
24services, the person may be precluded from challenging any subsequent setoff of the
25certified amount by the department of revenue, except on the grounds that the
1certified amount has been partially or fully paid or otherwise discharged, since the
2date of the notice.
AB150-ASA,749,53
5. Request that the person inform the department
of health and social services 4if a bankruptcy stay is in effect with respect to the person or if the claim has been
5discharged in bankruptcy.
AB150-ASA, s. 2155
6Section
2155. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.
AB150-ASA, s. 2156
7Section
2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and
8amended to read:
AB150-ASA,749,139
49.85
(4) (a)
If a person has requested a hearing under this subsection, the
10department
of health and social services shall hold a contested case hearing under
11s. 227.44, except that the department
of health and social services may limit the
12scope of the hearing to exclude issues that were presented at a prior hearing or that
13could have been presented at a prior opportunity for hearing.
AB150-ASA, s. 2157
14Section
2157. 46.254 (5) of the statutes is renumbered 49.85 (5) and amended
15to read:
AB150-ASA,749,2416
49.85
(5) Effect of certification. Receipt of a certification by the department
17of revenue shall constitute a lien, equal to the amount certified, on any state tax
18refunds or credits owed to the obligor. The lien shall be foreclosed by the department
19of revenue as a setoff under s. 71.93. Certification of an amount under this section
20does not prohibit the department of health and social services
or the department of
21industry, labor and human relations from attempting to recover the amount through
22other legal means. The department of health and social services
or the department
23of industry, labor and human relations shall promptly notify the department of
24revenue upon recovery of any amount previously certified under this section.
AB150-ASA, s. 2157e
1Section 2157e. 46.255 of the statutes is renumbered 49.855, and 49.855 (1),
2(2), (4), (4m) (b) and (c), (5) and (7), as renumbered, are amended to read:
AB150-ASA,750,93
49.855
(1) If a person obligated to provide child support or maintenance is
4delinquent in making court-ordered payments, or owes an outstanding amount that
5has been ordered by the court for past support, medical expenses or birth expenses,
6the clerk of circuit court, upon application of the county designee under s. 59.07 (97)
7or the department
of industry, labor and human relations, shall certify the
8delinquent payment or outstanding amount to the department
of industry, labor and
9human relations.
AB150-ASA,750,14
10(2) At least annually, the department of
health and social services industry,
11labor and human relations shall provide to the department of revenue the
12certifications that it receives under sub. (1) and any certifications of delinquencies
13or outstanding amounts that it receives from another state because the obligor
14resides in this state.
AB150-ASA,751,4
15(4) The department of revenue shall send that portion of any state or federal
16tax refunds or credits withheld
for delinquent child support or maintenance or past
17support, medical expenses or birth expenses to the department of
health and social
18services industry, labor and human relations for distribution to the appropriate clerk
19of circuit court. The department of
health and social services industry, labor and
20human relations shall make a settlement at least annually with the department of
21revenue and with each clerk of circuit court who has certified a delinquent obligation
22or outstanding amount for past support, medical expenses or birth expenses. The
23settlement shall state the amounts certified, the amounts deducted from tax refunds
24and credits and returned to the clerk of circuit court and the administrative costs
25incurred by the department of revenue. The department of
health and social services
1industry, labor and human relations may charge the county whose clerk of circuit
2court certified the obligation or outstanding amount the related administrative costs
3incurred by the department of
health and social services industry, labor and human
4relations and the department of revenue.
AB150-ASA,752,2
5(4m) (b) The department
of revenue may provide a certification that it receives
6under sub. (2) or (2m) to the department of administration. Upon receipt of the
7certification, the department of administration shall determine whether the obligor
8is a vendor or is receiving any other payments from this state, except for wages,
9retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
10chapter or ch.
49 46 or 108. If the department of administration determines that the
11obligor is a vendor or is receiving payments from this state, except for wages,
12retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
13chapter or ch.
49 46 or 108, it shall begin to withhold the amount certified from those
14payments and shall notify the obligor that the state intends to reduce any payments
15due the obligor by the amount the obligor is delinquent under the support or
16maintenance order, by the outstanding amount for past support, medical expenses
17or birth expenses under the court order or by the amount due under s. 46.10 (4). The
18notice shall provide that within 20 days after receipt of the notice the obligor may
19request a hearing before the circuit court rendering the order. An obligor may, within
2020 days after receiving notice, request a hearing under this paragraph. Within 10
21days after receiving a request for hearing under this paragraph, the court shall set
22the matter for hearing. The family court commissioner may conduct the hearing.
23Pending further order by the court or family court commissioner, the clerk of circuit
24court may not disburse the payments withheld from the obligor. The sole issues at
25the hearing are whether the obligor owes the amount certified and, if not and it is
1a support or maintenance order, whether the money withheld shall be paid to the
2obligor or held for future support or maintenance.
AB150-ASA,752,83
(c) Except as provided by order of the court after hearing under par. (b), the
4department of administration shall continue withholding until the amount certified
5is recovered in full. The department of administration shall transfer the amounts
6withheld under this paragraph to the department of health and social services
, or to
7the department of industry, labor and human relations for distribution to the
8appropriate clerk of court
, whichever is appropriate.
AB150-ASA,752,16
9(5) Certification of an obligation to the department of
health and social services 10industry, labor and human relations does not deprive any party of the right to collect
11the obligation or to prosecute the obligor. The clerk of court shall immediately notify
12the department
of industry, labor and human relations of any collection of an
13obligation that has been certified
by the clerk of court. The department
of industry,
14labor and human relations shall correct the certified obligation according to the
15amount the county has collected and report the correction to the department of
16revenue.
AB150-ASA,752,22
17(7) The department
of industry, labor and human relations may provide a
18certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
19(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
2045.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04
21(2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d)
22or 949.08 (2) (g).
AB150-ASA, s. 2157r
23Section 2157r. 46.258 (title) of the statutes is renumbered 49.163 (title).
AB150-ASA,753,12
146.258
(1) From the appropriation under s. 20.435 (4)
(ga) (c), the department
2shall award grants to counties for programs to revise child support orders. Each
3county receiving a grant shall review child support orders awarded to persons whose
4children receive benefits under s. 49.19 and to persons whose children do not receive
5benefits under s. 49.19 and shall initiate actions to revise the orders based on that
6review. Each county receiving a grant shall review child support orders awarded to
7persons whose children receive benefits under s. 49.19 and child support orders
8awarded to persons whose children do not receive benefits under s. 49.19 in
9proportion to the number of those 2 categories of orders in the county's child support
10case load. Before a county may initiate an action to revise a child support order under
11this subsection for a person whose children do not receive benefits under s. 49.19, the
12custodial parent of the children must voluntarily consent to the revision.
AB150-ASA, s. 2158b
13Section 2158b. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act
14.... (this act), is renumbered 49.163 (1) and amended to read:
AB150-ASA,754,215
49.163
(1) From the appropriation under s.
20.435 (4) 20.445 (3) (c), the
16department shall award grants to counties for programs to revise child support
17orders. Each county receiving a grant shall review child support orders awarded to
18persons whose children receive benefits under s. 49.19 and to persons whose children
19do not receive benefits under s. 49.19 and shall initiate actions to revise the orders
20based on that review. Each county receiving a grant shall review child support orders
21awarded to persons whose children receive benefits under s. 49.19 and child support
22orders awarded to persons whose children do not receive benefits under s. 49.19 in
23proportion to the number of those 2 categories of orders in the county's child support
24case load. Before a county may initiate an action to revise a child support order under
1this subsection for a person whose children do not receive benefits under s. 49.19, the
2custodial parent of the children must voluntarily consent to the revision.
AB150-ASA, s. 2159
3Section
2159. 46.258 (2) (a) (intro.) of the statutes is amended to read:
AB150-ASA,754,84
46.258
(2) (a) (intro.) From the appropriation under s. 20.435 (4)
(g) (c), the
5department shall provide state incentive payments, in a total amount of not less than
6$259,000 in each fiscal year, to counties that meet the child support collection and
7child support administrative efficiency criteria, according to a distribution formula
8determined by the department that does all of the following:
AB150-ASA, s. 2160b
9Section 2160b. 46.258 (2) (a) (intro.) of the statutes, as affected by 1995
10Wisconsin Act .... (this act), is renumbered 49.163 (2) (a) (intro.) and amended to read:
AB150-ASA,754,1511
49.163
(2) (a) (intro.) From the appropriation under s.
20.435 (4) 20.445 (3) (c),
12the department shall provide state incentive payments, in a total amount of not less
13than $259,000 in each fiscal year, to counties that meet the child support collection
14and child support administrative efficiency criteria, according to a distribution
15formula determined by the department that does all of the following:
AB150-ASA, s. 2160f
16Section 2160f. 46.258 (2) (a) 1. to 3. of the statutes are renumbered 49.163 (2)
17(a) 1. to 3., and 49.163 (2) (a) 3., as renumbered, is amended to read:
AB150-ASA,754,2118
49.163
(2) (a) 3. Provides for state incentive payments to a county in an amount
19such that the total of state and federal incentive payments to the county is not more
20than 5% more than the costs of the county's child support program under s.
46.25 2149.143.
AB150-ASA, s. 2160h
22Section 2160h. 46.258 (2) (b) of the statutes is renumbered 49.163 (2) (b) and
23amended to read:
AB150-ASA,755,3
149.163
(2) (b) A county that receives a state incentive payment under par. (a)
2may use the funds only to pay the costs of its child support program under s.
46.25 349.143.
AB150-ASA,755,1914
46.26
(3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds
15allocated under par. (c), the department of health and social services shall allocate
16funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate
17use of applicable services of the department of health and social services under ss.
1848.34 and 48.366 or the department of corrections under
ss. s. 48.366
and 48.537 19during previous calendar years.
AB150-ASA,756,6
146.26
(3) (dm) The department of health and social services may carry forward
2for a county from one calendar year to another funds allocated under this subsection
3that are not spent or encumbered. The amount that the department may carry
4forward for a county under this paragraph may not exceed
3% 5% of the amount
5allocated to the county for the 12-month period ending December 31. The funds
6carried forward under this paragraph do not affect a county's base allocation.
AB150-ASA, s. 2168m
7Section 2168m. 46.26 (3) (dm) of the statutes, as affected by 1995 Wisconsin
8Act .... (this act), is repealed.
AB150-ASA,756,1711
46.26
(3) (em) The department of health and social services may carry forward
12any emergency funds allocated under sub. (7) (e) and not encumbered or carried
13forward under par. (dm) by December 31 to the next 2 calendar years. The
14department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this
15purpose. The department may allocate these transferred moneys to counties that are
16eligible for emergency payments under sub. (7) (e). The allocation does not affect a
17county's base allocation.
AB150-ASA, s. 2169m
18Section 2169m. 46.26 (3) (em) of the statutes, as created by 1995 Wisconsin
19Act .... (this act), is repealed.
AB150-ASA,757,1024
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
25and social services shall bill counties or deduct from the allocations under s. 20.435
1(3) (cd) for the costs of care, services and supplies purchased or provided by the
2department of health and social services for each person receiving services under ss.
348.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
4services under s. 48.366. The department of health and social services may not bill
5a county for or deduct from a county's allocation the cost of care, services and supplies
6provided to a person subject to an order under s. 48.366 after the person reaches 19
7years of age
or provided to a person subject to an order under s. 48.34 (4g). Payment
8shall be due within 60 days of the billing date. If any payment has not been received
9within 60 days, the department of health and social services may withhold aid
10payments in the amount due from the appropriation under s. 20.435 (3) (cd) or (7) (b).
AB150-ASA,757,2514
46.26
(4) (a) Except as provided in pars. (c) and (cm), the department of health
15and social services shall bill counties or deduct from the allocations under s. 20.435
16(3) (cd) for the costs of care, services and supplies purchased or provided by the
17department of health and social services for each person receiving services under ss.
1848.34, 48.366 and 51.35 (3) or the department of corrections for each person receiving
19services under s. 48.366. The department of health and social services may not bill
20a county for or deduct from a county's allocation the cost of care, services and supplies
21provided to a person subject to an order under s. 48.366 after the person reaches 18
22years of age. Payment shall be due within 60 days of the billing date. If any payment
23has not been received within 60 days, the department of health and social services
24may withhold aid payments in the amount due from the appropriation under s.
2520.435 (3) (cd) or (7) (b).
AB150-ASA,758,195
46.26
(4) (b) 1. Assessment of costs under par. (a) shall be made periodically on
6the basis of a per person per day cost estimate adjusted at least annually by the
7department. Except as provided in pars. (bm), (c)
,
and (cm)
and (dr), liability shall
8apply to county departments under s. 46.21, 46.22 or 46.23 in the county of the court
9exercising jurisdiction under ch. 48 for each person receiving services from the
10department of health and social services under ss. 48.34, 48.366 and 51.35 (3) or the
11department of corrections under s. 48.366. Except as provided in pars. (bm), (c)
, and 12(cm)
and (dr), in multicounty court jurisdictions, the county of residency within the
13jurisdiction shall be liable for costs under this subsection. Assessment of costs under
14par. (a) shall also be made according to the general placement type or level of care
15provided, as defined by the department, and prorated according to the ratio of the
16amount designated under sub. (3) (c) and (d) to the total applicable estimated costs
17of care, services and supplies provided by the department of health and social
18services under ss. 48.34, 48.366 and 51.35 (3) or the department of corrections under
19ss. 48.34 (4g) and s. 48.366.