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.
AB150-ASA,759,6
146.26
(4) (c) Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par. (dr), 2the department of health and social services shall pay, from the appropriation under
3s. 20.435 (3) (hm), the costs of care, services and supplies provided for each person
4receiving services under ss. 48.34, 48.366 and 51.35 (3) who was under the
5guardianship of the department pursuant to an order under ch. 48 at the time that
6the person was adjudicated delinquent.
AB150-ASA,759,1711
46.26
(4) (cm) 1. Notwithstanding pars. (a), (b) 1. and (bm),
but subject to par.
12(dr), the department shall transfer funds from the appropriation under s. 20.435 (3)
13(cg) to the appropriation under s. 20.435 (3) (hm) for the purpose of reimbursing
14juvenile correctional institutions for costs incurred beginning on January 1, 1995, for
15the care of any child who is placed in a juvenile correctional facility based on a
16delinquent act that is a violation of s. 940.01, 940.02, 940.03, 940.05, 940.225 (1) or
17943.32 (2).
AB150-ASA,760,9
146.26
(4) (d) 2. Beginning July 1,
1993 1995, and ending December 31,
1993 21995, the per person daily cost assessment to counties shall be
$101.55 $120.73 for
3care in a juvenile correctional institution,
$101.55
$120.73 for care for children
4transferred from a juvenile correctional institution under s. 51.35 (3), the dollar
5amount set by the department of corrections by rule for maintaining a prisoner in an
6adult correctional institution,
$131.65 $147.91 for care in a child caring institution,
7$92.03 $102.53 for care in a group home for children,
$21.02 $22.84 for care in a foster
8home,
$58.37 $65.94 for care in a treatment foster home
, $86.51 for departmental
9corrective sanctions services and
$11.57 $12.20 for departmental aftercare services.
AB150-ASA, s. 2180p
10Section 2180p. 46.26 (4) (d) 2. of the statutes, as affected by 1995 Wisconsin
11Act .... (this act), is repealed.
AB150-ASA,760,2213
46.26
(4) (d) 3.
In calendar year 1994
Beginning January 1, 1996, and ending
14June 30, 1996, the per person daily cost assessment to counties shall be
$111.73 15$120.73 for care in a juvenile correctional institution,
$111.73 $120.73 for care for
16children transferred from a juvenile correctional institution under s. 51.35 (3), the
17dollar amount set by the department of corrections by rule for maintaining a prisoner
18in an adult correctional institution,
$141.05 $153.87 for care in a child caring
19institution,
$98.47 $106.69 for care in a group home for children,
$22.49 $23.80 for
20care in a foster home,
$62.46 $68.58 for care in a treatment foster home,
$66.75 21$86.51 for departmental corrective sanctions services and
$12.96 $12.20 for
22departmental aftercare services.
AB150-ASA, s. 2181p
23Section 2181p. 46.26 (4) (d) 3. of the statutes, as affected by 1995 Wisconsin
24Act .... (this act), is repealed.
AB150-ASA,761,117
46.26
(4) (g) For juvenile field and institutional aftercare services under ch. 48
8and for the juvenile offender review program
in the division of youth services in the
9department of health and social services, all payments and deductions made under
10this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in
11the general fund and shall be treated as a nonappropriated receipt.
AB150-ASA, s. 2190m
12Section 2190m. 46.26 (4) (g) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed.
AB150-ASA,761,2016
46.26
(7) Allocations of funds. (intro.) Within the limits of the availability
17of federal funds and of the appropriations under s. 20.435 (3) (cd) and (oo), the
18department shall allocate funds for community youth and family aids for the period
19beginning July 1,
1993 1995, and ending June 30,
1995 1996, as provided in this
20subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
AB150-ASA, s. 2192g
21Section 2192g. 46.26 (7) (intro.) of the statutes, as affected by 1995 Wisconsin
22Act .... (this act), is repealed.
AB150-ASA,762,3
146.26
(7) (a) For community youth and family aids under this section, amounts
2not to exceed
$36,190,500 $36,569,500 for the last 6 months of
1993, $72,381,000 for
31994 1995 and
$36,190,500 $36,569,500 for the first 6 months of
1995 1996.