AB150-engrossed,755,107
46.23
(5) (c) 3. Shall determine whether state mandated juvenile
8delinquency-related services are provided or purchased or contracted for with local
9providers, and monitor the performance of such contracts. Purchase of service
10contracts shall be subject to the conditions specified in s. 301.031.
AB150-engrossed, s. 2122
11Section
2122. 46.23 (5) (n) of the statutes is renumbered 46.23 (5) (n) 1. and
12amended to read:
AB150-engrossed,755,1913
46.23
(5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for
14authorized services
, except for services under subch. III of ch. 49 and juvenile
15delinquency-related services. Notwithstanding the categorization of or limits
16specified for funds allocated under s.
49.52 (1) (d)
46.495 or 51.423 (2), with the
17approval of the department of health and social services the county human services
18board may expend these funds consistent with any service provided under s.
49.52
19(1) (d) 46.495 or 51.42.
AB150-engrossed,755,2221
46.23
(5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for
22authorized services under subch. III of ch. 49.
AB150-engrossed,755,2524
46.23
(5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for
25authorized juvenile delinquency-related services.
AB150-engrossed,756,102
46.23
(5m) (c) Prepare, with the assistance of the county human services
3director under sub. (6m) (e), a proposed budget for submission to the county executive
4or county administrator
and, a final budget for submission to the department of
5health and social services in accordance with s. 46.031 (1) for authorized services
,
6except services under subch. III of ch. 49 and juvenile delinquency-related services,
7a final budget for submission to the department of industry, labor and human
8relations in accordance with s. 49.325 for authorized services under subch. III of ch.
949 and a final budget for submission to the department of corrections in accordance
10with s. 301.031 for authorized juvenile delinquency-related services.
AB150-engrossed,756,2212
46.23
(6) (a) (intro.) A county human services director appointed under sub. (5)
13(f) shall have all of the administrative and executive powers and duties of managing,
14operating, maintaining and improving the programs of the county department of
15human services, subject to the rules promulgated by the department of health and
16social services
under this section for programs, except services or programs under
17subch. III of ch. 49 and juvenile delinquency-related services or programs, subject
18to the rules promulgated by the department of industry, labor and human relations
19for services or programs under subch. III of ch. 49 and subject to the rules
20promulgated by the department of corrections for juvenile delinquency-related
21services or programs. In consultation with the county human services board under
22sub. (5) and subject to its approval, the county human services director shall prepare:
AB150-engrossed,757,324
46.23
(6) (a) 3. Such other reports as are required by the secretary
of health and
25social services, by the secretary of corrections or by the secretary of industry, labor
1and human relations and the county board of supervisors in a county with a
2single-county department of human services or the county boards of supervisors in
3counties with a multicounty department of human services.
AB150-engrossed,757,65
46.23
(6m) (a) Supervise and administer any program
established for which
6supervision and administration is authorized under this section.
AB150-engrossed, s. 2128bp
9Section 2128bp. 46.25 (2) to (7) of the statutes are renumbered 73.25 (2) to
10(7), and 73.25 (7), as renumbered, is amended to read:
AB150-engrossed,757,2411
73.25
(7) The department may represent the state in any action to establish
12paternity or to establish or enforce a support or maintenance obligation. The
13department may delegate its authority to represent the state in any action to
14establish paternity or to establish or enforce a support or maintenance obligation
15under this section to an attorney responsible for support enforcement under s. 59.458
16(1) pursuant to a contract entered into under s. 59.07 (97). The department shall
17ensure that any such contract is for an amount reasonable and necessary to assure
18quality service. The department may, by such a contract, authorize a county to
19contract with any attorney, collection agency or other person to collect unpaid child
20support or maintenance. If a county fails to fully implement the programs under s.
2159.07 (97), the department may implement them and may contract with any
22appropriate person to obtain necessary services. The department shall establish a
23formula for disbursing funds appropriated under s.
20.435 20.566 (4) (p) to carry out
24a contract under this subsection.
AB150-engrossed,758,10
146.25
(7m) The department may contract with or employ a collection agency
, 2attorney or other person to enforce a support obligation of a parent
residing outside
3this state, or who is delinquent in making support payments and may contract with
4or employ an attorney to appear in an action in
state or federal court to enforce such
5an obligation
, or both. To pay for the department's administrative costs of
6implementing this subsection, the department may charge a fee to counties, retain
7up to 50% of any incentive payment made to this state under
42 USC 658 for a
8collection under this subsection, and retain 30% of this state's share of a collection
9made under this subsection on behalf of a recipient of aid to families with dependent
10children.
AB150-engrossed, s. 2129m
11Section 2129m. 46.25 (7m) to (11) of the statutes, as affected by 1995
12Wisconsin Act .... (this act), are renumbered 73.25 (7m) to (11), and 73.25 (8), as
13renumbered, is amended to read:
AB150-engrossed,758,1914
73.25
(8) The department may charge other states and counties seeking
15collection of child and spousal support for any administrative costs it incurs in
16providing services related to interstate child support collections, the federal parent
17locator service under
42 USC 653, the interception of unemployment compensation
18under
42 USC 654 or the withholding of state and federal income tax refunds under
19s.
46.255 73.255 and
42 USC 664.
AB150-engrossed,759,7
149.36
(2) The department may contract with any county to administer a work
2experience and job training program for parents who are not custodial parents and
3who fail to pay child support or to meet their children's needs for support as a result
4of unemployment or underemployment. The program may provide the kinds of work
5experience and job training services available from the program under s. 49.193. The
6department shall fund the program from the appropriation under s.
20.435 (4) (df) 720.445 (3) (df).
AB150-engrossed,759,2015
46.254
(1) County department notification requirement. If a county
16department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
17recognized American Indian tribe or band determines that the department of health
18and social services may recover an amount under s.
49.083, 49.125, 49.195 (3) or
1949.497, the county department or governing body shall notify the department of
20health and social services of the determination.
AB150-engrossed, s. 2146
21Section
2146
. 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act ....
22(this act), is renumbered 49.85 (1) and amended to read:
AB150-engrossed,760,423
49.85
(1) County department notification requirement. If a county
24department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
25recognized American Indian tribe or band determines that the department of health
1and social services may recover an amount under s.
49.125, 49.195 (3) or 49.497
or
2that the department of industry, labor and human relations may recover an amount
3under s. 49.125 or 49.195 (3), the county department or governing body shall notify
4the
affected department
of health and social services of the determination.
AB150-engrossed,760,136
46.254
(2) Department certification. At least annually, the department shall
7certify to the department of revenue the amounts that, based on the notifications
8received under sub. (1) and on other information received by the department of
9health and social services, the department has determined that it may recover under
10ss.
49.083, 49.125, 49.195 (3) and 49.497, except that the department may not certify
11an amount under this subsection unless the department has met the notice
12requirements under sub. (3) and unless the department's determination has either
13not been appealed or is no longer under appeal.
AB150-engrossed, s. 2149
14Section
2149
. 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act ....
15(this act), is renumbered 49.85 (2) (a) and amended to read:
AB150-engrossed,760,2416
49.85
(2) (a)
At least annually, the department
of health and social services 17shall certify to the department of revenue the amounts that, based on the
18notifications received under sub. (1) and on other information received by the
19department of health and social services, the department
of health and social
20services has determined that it may recover under
ss. 49.125, 49.195 (3) and s. 2149.497, except that the department
of health and social services may not certify an
22amount under this subsection unless
the department
it has met the notice
23requirements under sub. (3) and unless
the department's its determination has
24either not been appealed or is no longer under appeal.
AB150-engrossed, s. 2150
1Section
2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a)
2(intro.) and amended to read:
AB150-engrossed,761,63
49.85
(3) (a)
(intro.)
At least 30 days before certification of an amount, the
4department
of health and social services shall send a notice to the last-known
5address of the person from whom
the that department intends to recover the amount.
6The notice shall do all of the following:
AB150-engrossed,761,118
46.254
(3) (a) Inform the person that the department intends to certify to the
9department of revenue an amount that the department of health and social services
10has determined to be due under s.
49.083, 49.125, 49.195 (3) or 49.497, for setoff from
11any state tax refund that may be due the person.
AB150-engrossed, s. 2153
12Section
2153
. 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is renumbered 49.85 (3) (a) 1. and amended to read:
AB150-engrossed,761,1714
49.85
(3) (a) 1. Inform the person that the department
of health and social
15services intends to certify to the department of revenue an amount that the
16department of health and social services has determined to be due under s.
49.125,
1749.195 (3) or 49.497, for setoff from any state tax refund that may be due the person.
AB150-engrossed, s. 2154
18Section
2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a)
192. to 5. and amended to read:
AB150-engrossed,761,2320
49.85
(3) (a) 2. Inform the person that he or she may appeal the
department's 21determination
of the department of health and social services to certify the amount
22by requesting a hearing under sub. (4) within 30 days after the date of the letter and
23inform the person of the manner in which he or she may request a hearing.
AB150-engrossed,762,224
3. Inform the person that, if the
department's determination
of the department
25of health and social services is appealed,
the
that department will not certify the
1amount to the department of revenue while the determination of the department of
2health and social services is under appeal.
AB150-engrossed,762,83
4. Inform the person that, unless a contested case hearing is requested to
4appeal the
department's determination
of the department of health and social
5services, the person may be precluded from challenging any subsequent setoff of the
6certified amount by the department of revenue, except on the grounds that the
7certified amount has been partially or fully paid or otherwise discharged, since the
8date of the notice.
AB150-engrossed,762,119
5. Request that the person inform the department
of health and social services 10if a bankruptcy stay is in effect with respect to the person or if the claim has been
11discharged in bankruptcy.
AB150-engrossed,762,1915
49.85
(4) (a)
If a person has requested a hearing under this subsection, the
16department
of health and social services shall hold a contested case hearing under
17s. 227.44, except that the department
of health and social services may limit the
18scope of the hearing to exclude issues that were presented at a prior hearing or that
19could have been presented at a prior opportunity for hearing.
AB150-engrossed,763,522
49.85
(5) Effect of certification. Receipt of a certification by the department
23of revenue shall constitute a lien, equal to the amount certified, on any state tax
24refunds or credits owed to the obligor. The lien shall be foreclosed by the department
25of revenue as a setoff under s. 71.93. Certification of an amount under this section
1does not prohibit the department of health and social services
or the department of
2industry, labor and human relations from attempting to recover the amount through
3other legal means. The department of health and social services
or the department
4of industry, labor and human relations shall promptly notify the department of
5revenue upon recovery of any amount previously certified under this section.
AB150-engrossed,763,1311
73.255
(2) At least annually, the department of health and social services shall
12certify to the department
of revenue any obligation owed to the department of health
13and social services under s. 46.10 if the obligation is rendered to a judgment.
AB150-engrossed,764,1216
73.255
(3) Receipt
of a certification by the department of
revenue a certification
17under sub. (1) or (2) or a certification of a delinquency or outstanding amount from
18another state because the obligor resides in this state shall constitute a lien, equal
19to the amount certified, on any state tax refunds or credits owed to the obligor. The
20lien shall be foreclosed by the department
of revenue as a setoff under s. 71.93 (3),
21(6) and (7). When the department
of revenue determines that the obligor is otherwise
22entitled to a state tax refund or credit, it shall notify the obligor that the state intends
23to reduce any state tax refund or credit due the obligor by the amount the obligor is
24delinquent under the support or maintenance order, by the outstanding amount for
25past support, medical expenses or birth expenses under the court order or by the
1amount due under s. 46.10 (4). The notice shall provide that within 20 days the
2obligor may request a hearing before the circuit court rendering the order. Within
310 days after receiving a request for hearing under this subsection, the court shall
4set the matter for hearing. Pending further order by the court or family court
5commissioner, the clerk of circuit court is prohibited from disbursing the obligor's
6state tax refund or credit. The family court commissioner may conduct the hearing.
7The sole issues at that hearing shall be whether the obligor owes the amount certified
8and, if not and it is a support or maintenance order, whether the money withheld
9from a tax refund or credit shall be paid to the obligor or held for future support or
10maintenance. An obligor may, within 20 days of receiving notice that the amount
11certified shall be withheld from his or her federal tax refund or credit, request a
12hearing under this subsection.
AB150-engrossed,765,215
73.255
(4) The department
of revenue shall send that portion of any state or
16federal tax refunds or credits withheld
to the department of health and social
17services for distribution to the appropriate clerk of circuit court. The department
of
18health and social services shall make a settlement at least annually
with the
19department of revenue and with each clerk of circuit court who has certified a
20delinquent obligation or outstanding amount for past support, medical expenses or
21birth expenses. The settlement shall state the amounts certified, the amounts
22deducted from tax refunds and credits and returned to the clerk of circuit court and
23the administrative costs incurred by the department
of revenue. The department
of
24health and social services may charge the county whose clerk of circuit court certified
1the obligation or outstanding amount the related administrative costs incurred by
2the department
of health and social services and the department of revenue.
AB150-engrossed, s. 2157j
4Section 2157j. 46.255 (4m) (b) of the statutes is renumbered 73.255 (4m) (b)
5and amended to read:
AB150-engrossed,766,56
73.255
(4m) (b) The department may provide a certification that it receives
7under sub.
(1) or (2)
or (2m) or a certification of a delinquency or outstanding amount
8that it receives from another state because the obligor resides in this state to the
9department of administration. Upon receipt of the certification, the department of
10administration shall determine whether the obligor is a vendor or is receiving any
11other payments from this state, except for wages, retirement benefits or assistance
12under s. 45.352, 1971 stats., s. 45.351 (1)
, this chapter or ch.
46, 49 or 108. If the
13department of administration determines that the obligor is a vendor or is receiving
14payments from this state, except for wages, retirement benefits or assistance under
15s. 45.352, 1971 stats., s. 45.351 (1)
, this chapter or ch.
46, 49 or 108, it shall begin to
16withhold the amount certified from those payments and shall notify the obligor that
17the state intends to reduce any payments due the obligor by the amount the obligor
18is delinquent under the support or maintenance order, by the outstanding amount
19for past support, medical expenses or birth expenses under the court order or by the
20amount due under s. 46.10 (4). The notice shall provide that within 20 days after
21receipt of the notice the obligor may request a hearing before the circuit court
22rendering the order. An obligor may, within 20 days after receiving notice, request
23a hearing under this paragraph. Within 10 days after receiving a request for hearing
24under this paragraph, the court shall set the matter for hearing. The family court
25commissioner may conduct the hearing. Pending further order by the court or family
1court commissioner, the clerk of circuit court may not disburse the payments
2withheld from the obligor. The sole issues at the hearing are whether the obligor
3owes the amount certified and, if not and it is a support or maintenance order,
4whether the money withheld shall be paid to the obligor or held for future support
5or maintenance.
AB150-engrossed, s. 2157k
6Section 2157k. 46.255 (4m) (c) of the statutes is renumbered 73.255 (4m) (c)
7and amended to read:
AB150-engrossed,766,138
73.255
(4m) (c) Except as provided by order of the court after hearing under
9par. (b), the department of administration shall continue withholding until the
10amount certified is recovered in full. The department of administration shall
11transfer the amounts withheld under this paragraph to the department of health and
12social services
, or to the department of revenue for distribution to the appropriate
13clerk of court
, whichever is appropriate.
AB150-engrossed,766,2318
73.255
(5) Certification of an obligation to the department
of health and social
19services does not deprive any party of the right to collect the obligation or to prosecute
20the obligor. The clerk of court shall immediately notify the department of any
21collection of an obligation that has been certified. The department shall correct the
22certified obligation according to the amount the county has collected
and report the
23correction to the department of revenue.
AB150-engrossed,767,143
46.258
(1) From the appropriation under s. 20.435 (4)
(ga) (c), the department
4shall award grants to counties for programs to revise child support orders. Each
5county receiving a grant shall review child support orders awarded to persons whose
6children receive benefits under s. 49.19 and to persons whose children do not receive
7benefits under s. 49.19 and shall initiate actions to revise the orders based on that
8review. Each county receiving a grant shall review child support orders awarded to
9persons whose children receive benefits under s. 49.19 and child support orders
10awarded to persons whose children do not receive benefits under s. 49.19 in
11proportion to the number of those 2 categories of orders in the county's child support
12case load. Before a county may initiate an action to revise a child support order under
13this subsection for a person whose children do not receive benefits under s. 49.19, the
14custodial parent of the children must voluntarily consent to the revision.
AB150-engrossed, s. 2158b
15Section 2158b. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is renumbered 73.258 (1) and amended to read:
AB150-engrossed,768,317
73.258
(1) From the appropriation under s.
20.435 20.566 (4) (c), the
18department shall award grants to counties for programs to revise child support
19orders. Each county receiving a grant shall review child support orders awarded to
20persons whose children receive benefits under s. 49.19 and to persons whose children
21do not receive benefits under s. 49.19 and shall initiate actions to revise the orders
22based on that review. Each county receiving a grant shall review child support orders
23awarded to persons whose children receive benefits under s. 49.19 and child support
24orders awarded to persons whose children do not receive benefits under s. 49.19 in
25proportion to the number of those 2 categories of orders in the county's child support
1case load. Before a county may initiate an action to revise a child support order under
2this subsection for a person whose children do not receive benefits under s. 49.19, the
3custodial parent of the children must voluntarily consent to the revision.
AB150-engrossed,768,95
46.258
(2) (a) (intro.) From the appropriation under s. 20.435 (4)
(g) (c), the
6department shall provide state incentive payments, in a total amount of not less than
7$259,000 in each fiscal year, to counties that meet the child support collection and
8child support administrative efficiency criteria, according to a distribution formula
9determined by the department that does all of the following:
AB150-engrossed, s. 2160b
10Section 2160b. 46.258 (2) (a) (intro.) of the statutes, as affected by 1995
11Wisconsin Act .... (this act), is renumbered 73.258 (2) (a) (intro.) and amended to read:
AB150-engrossed,768,1612
73.258
(2) (a) (intro.) From the appropriation under s.
20.435 20.566 (4) (c), the
13department shall provide state incentive payments, in a total amount of not less than
14$259,000 in each fiscal year, to counties that meet the child support collection and
15child support administrative efficiency criteria, according to a distribution formula
16determined by the department that does all of the following:
AB150-engrossed, s. 2160f
17Section 2160f. 46.258 (2) (a) 1. to 3. of the statutes are renumbered 73.258 (2)
18(a) 1. to 3., and 73.258 (2) (a) 3., as renumbered, is amended to read:
AB150-engrossed,768,2219
73.258
(2) (a) 3. Provides for state incentive payments to a county in an amount
20such that the total of state and federal incentive payments to the county is not more
21than 5% more than the costs of the county's child support program under s.
46.25 2273.25.