46.23 (6m) (a) Supervise and administer any program established for which supervision and administration is authorized under this section.
SECTION 2128b. 46.25 (title) and (1) to (7) of the statutes are renumbered 49.143 (title) and (1) to (7), and 49.143 (1) and (7), as renumbered, are amended to read:
49.143 (1) There is created a child and spousal support and establishment of paternity and medical liability support program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under ch. 49 this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment program in accordance with state and federal laws, regulations and rules and to assure proper distribution of benefits of all assistance programs authorized under ch. 49 this chapter.
(7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for disbursing funds appropriated under s. 20.435 (4) 20.445 (3) (p) to carry out a contract under this subsection.
SECTION 2129. 46.25 (7m) of the statutes is amended to read:
46.25 (7m) The department may contract with or employ a collection agency, attorney or other person to enforce a support obligation of a parent residing outside this state, or who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation, or both. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children.
SECTION 2129m. 46.25 (7m) to (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), are renumbered 49.143 (7m) to (11), and 49.143 (8), as renumbered, is amended to read:
49.143 (8) The department may charge other states and counties seeking collection of child and spousal support for any administrative costs it incurs in providing services related to interstate child support collections, the federal parent locator service under 42 USC 653, the interception of unemployment compensation under 42 USC 654 or the withholding of state and federal income tax refunds under s. 46.255 49.855 and 42 USC 664.
SECTION 2130m. 46.25 (12) of the statutes is repealed.
SECTION 2134. 46.25 (14) of the statutes is repealed.
SECTION 2135. 46.253 (title) of the statutes is renumbered 49.36 (title).
SECTION 2136. 46.253 (1) of the statutes is renumbered 49.36 (1).
SECTION 2137. 46.253 (2) of the statutes is renumbered 49.36 (2) and amended to read:
49.36 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193. The department shall fund the program from the appropriation under s. 20.435 (4) (df) 20.445 (3) (df).
SECTION 2138. 46.253 (3) of the statutes is renumbered 49.36 (3).
SECTION 2139. 46.253 (4) of the statutes is renumbered 49.36 (4).
SECTION 2140. 46.253 (5) of the statutes is renumbered 49.36 (5).
SECTION 2141. 46.253 (6) of the statutes is renumbered 49.36 (6).
SECTION 2142. 46.253 (7) of the statutes is renumbered 49.36 (7).
SECTION 2143. 46.254 (title) of the statutes is renumbered 49.85 (title).
SECTION 2145. 46.254 (1) of the statutes is amended to read:
46.254 (1) COUNTY 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 social services may recover an amount under s. 49.083, 49.125, 49.195 (3) or 49.497, the county department or governing body shall notify the department of health and social services of the determination.
****NOTE: This is reconciled 46.254 (1). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2146. 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (1) and amended to read:
49.85 (1) COUNTY 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 social services may recover an amount under s. 49.125, 49.195 (3) or 49.497 or that the department of industry, labor and human relations may recover an amount under s. 49.125 or 49.195 (3), the county department or governing body shall notify the affected department of health and social services of the determination.
****NOTE: This is reconciled 46.254 (1). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2148. 46.254 (2) of the statutes is amended to read:
46.254 (2) DEPARTMENT CERTIFICATION. At least annually, the department 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 social services, the department has determined that it may recover under ss. 49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.
****NOTE: This is reconciled 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2149. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (2) (a) and amended to read:
49.85 (2) (a) At least annually, the department of health and social 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 social services, the department of health and social services has determined that it may recover under ss. 49.125, 49.195 (3) and s. 49.497, except that the department of health and social services may not certify an amount under this subsection unless the department it has met the notice requirements under sub. (3) and unless the department's its determination has either not been appealed or is no longer under appeal.
****NOTE: This is reconciled 46.254 (2). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a) (intro.) and amended to read:
49.85 (3) (a) (intro.) At least 30 days before certification of an amount, the department of health and social services shall send a notice to the last-known address of the person from whom the that department intends to recover the amount. The notice shall do all of the following:
SECTION 2152. 46.254 (3) (a) of the statutes is amended to read:
46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
****NOTE: This is reconciled 46.254 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2153. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.85 (3) (a) 1. and amended to read:
49.85 (3) (a) 1. Inform the person that the department of health and social services intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.125, 49.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
****NOTE: This is reconciled s. 46.254 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.
SECTION 2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a) 2. to 5. and amended to read:
49.85 (3) (a) 2. Inform the person that he or she may appeal the department's determination of the department of health and social services to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
3. Inform the person that, if the department's determination of the department of health and social services is appealed, the that department will not certify the amount to the department of revenue while the determination of the department of health and social services is under appeal.
4. Inform the person that, unless a contested case hearing is requested to appeal the department's determination of the department of health and social services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
5. Request that the person inform the department of health and social services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
SECTION 2155. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.
SECTION 2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and amended to read:
49.85 (4) (a) If a person has requested a hearing under this subsection, the department of health and social services shall hold a contested case hearing under s. 227.44, except that the department of health and social services may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.
SECTION 2157. 46.254 (5) of the statutes is renumbered 49.85 (5) and 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 social services or the department of industry, labor and human relations from attempting to recover the amount through other legal means. The department of health and social services or the department of industry, labor and human relations shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.
SECTION 2157e. 46.255 of the statutes is renumbered 49.855, and 49.855 (1), (2), (4), (4m) (b) and (c), (5) and (7), as renumbered, are amended to read:
49.855 (1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court, upon application of the county designee under s. 59.07 (97) or the department of industry, labor and human relations, shall certify the delinquent payment or outstanding amount to the department of industry, labor and human relations.
(2) At least annually, the department of health and social services industry, labor and human relations shall provide to the department of revenue the certifications that it receives under sub. (1) and any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.
(4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of health and social services industry, labor and human relations for distribution to the appropriate clerk of circuit court. The department of health and social services industry, labor and human relations shall make a settlement at least annually with the department of revenue and with each clerk of circuit court who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court and the administrative costs incurred by the department of revenue. The department of health and social services industry, labor and human relations may charge the county whose clerk of circuit court certified the obligation or outstanding amount the related administrative costs incurred by the department of health and social services industry, labor and human relations and the department of revenue.
(4m) (b) The department of revenue may provide a certification that it receives under sub. (2) or (2m) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 49 46 or 108. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 49 46 or 108, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.
(c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of health and social services, or to the department of industry, labor and human relations for distribution to the appropriate clerk of court, whichever is appropriate.
(5) Certification of an obligation to the department of health and social services industry, labor and human relations does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court shall immediately notify the department of industry, labor and human relations of any collection of an obligation that has been certified by the clerk of court. The department of industry, labor and human relations shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.
(7) The department of industry, labor and human relations may provide a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d) or 949.08 (2) (g).
SECTION 2157r. 46.258 (title) of the statutes is renumbered 49.163 (title).
SECTION 2157x. 46.258 (1) of the statutes is amended to read:
46.258 (1) From the appropriation under s. 20.435 (4) (ga) (c), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
SECTION 2158b. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.163 (1) and amended to read:
49.163 (1) From the appropriation under s. 20.435 (4) 20.445 (3) (c), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.
SECTION 2159. 46.258 (2) (a) (intro.) of the statutes is amended to read:
46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (g) (c), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
SECTION 2160b. 46.258 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.163 (2) (a) (intro.) and amended to read:
49.163 (2) (a) (intro.) From the appropriation under s. 20.435 (4) 20.445 (3) (c), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:
SECTION 2160f. 46.258 (2) (a) 1. to 3. of the statutes are renumbered 49.163 (2) (a) 1. to 3., and 49.163 (2) (a) 3., as renumbered, is amended to read:
49.163 (2) (a) 3. Provides for state incentive payments to a county in an amount such that the total of state and federal incentive payments to the county is not more than 5% more than the costs of the county's child support program under s. 46.25 49.143.
SECTION 2160h. 46.258 (2) (b) of the statutes is renumbered 49.163 (2) (b) and amended to read:
49.163 (2) (b) A county that receives a state incentive payment under par. (a) may use the funds only to pay the costs of its child support program under s. 46.25 49.143.
SECTION 2160m. 46.26 (title) of the statutes is repealed.
SECTION 2160p. 46.26 (1) of the statutes is repealed.
SECTION 2161m. 46.26 (2) (title) and (a) of the statutes are repealed.
SECTION 2161p. 46.26 (2) (b) of the statutes is repealed.
SECTION 2162m. 46.26 (2) (c) of the statutes is repealed.
SECTION 2162p. 46.26 (2m) of the statutes is repealed.
SECTION 2162r. 46.26 (3) (title) and (a) of the statutes are repealed.
SECTION 2163m. 46.26 (3) (c) of the statutes is repealed.
SECTION 2164m. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
46.26 (3) (d) Subject to pars. (dd), (de) and (dg), in addition to the funds allocated under par. (c), the department of health and social services shall allocate funds to counties under sub. (4) (b) 2. and shall consider each county's proportionate use of applicable services of the department of health and social services under ss. 48.34 and 48.366 or the department of corrections under ss. s. 48.366 and 48.537 during previous calendar years.
SECTION 2164p. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2165. 46.26 (3) (dd) of the statutes is repealed.
****NOTE: This is reconciled s. 46.26 (3) (dd). This SECTION has been affected by drafts with the following LRB numbers: -2480/3 and 2772/3.
SECTION 2166. 46.26 (3) (de) of the statutes is repealed.
SECTION 2167. 46.26 (3) (dg) of the statutes is repealed.
SECTION 2168. 46.26 (3) (dm) of the statutes is amended to read:
46.26 (3) (dm) The department of health and social services may carry forward for a county from one calendar year to another funds allocated under this subsection that are not spent or encumbered. The amount that the department may carry forward for a county under this paragraph may not exceed 3% 5% of the amount allocated to the county for the 12-month period ending December 31. The funds carried forward under this paragraph do not affect a county's base allocation.
SECTION 2168m. 46.26 (3) (dm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2168p. 46.26 (3) (e) of the statutes is repealed.
SECTION 2169. 46.26 (3) (em) of the statutes is created to read:
46.26 (3) (em) The department of health and social services may carry forward any emergency funds allocated under sub. (7) (e) and not encumbered or carried forward under par. (dm) by December 31 to the next 2 calendar years. The department may transfer moneys from or within s. 20.435 (3) (cd) to accomplish this purpose. The department may allocate these transferred moneys to counties that are eligible for emergency payments under sub. (7) (e). The allocation does not affect a county's base allocation.
SECTION 2169m. 46.26 (3) (em) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2170. 46.26 (3) (f) of the statutes is repealed.
SECTION 2171g. 46.26 (4) (title) of the statutes is repealed.
SECTION 2171m. 46.26 (4) (a) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:
