AB100,880,13
1(5) Receipt of a notification by a person under sub. (2) shall constitute a lien,
2equal to the amount certified, on any lump sum payment resulting from a judgment
3or settlement that may be due the obligor. The department or agency shall notify the
4person who received the notification under sub. (2) that the obligor has not requested
5a hearing or, if he or she has requested a hearing, of the results of that hearing, and
6of the responsibilities of the person who received the notification under sub. (2),
7including the requirement to submit the amount certified under s. 49.855. Use of the
8procedures under this section does not prohibit the department or agency from
9attempting to recover the amount certified under s. 49.855 through other legal
10means. The department or agency shall promptly notify any person who receives
11notification under sub. (2) if the amount certified under s. 49.855 has been recovered
12by some other means and no longer must be withheld from the judgment or
13settlement under this section.
AB100, s. 2002
14Section
2002. 49.857 of the statutes is created to read:
AB100,880,16
1549.857 Administrative enforcement of support; denial, nonrenewal,
16restriction and suspension of licenses. (1) In this section:
AB100,880,1817
(a) "Credential" means a license, permit, certificate or registration that is
18granted under chs. 440 to 480.
AB100,880,2119
(b) "Credentialing board" means a board, examining board or affiliated
20credentialing board in the department of regulation and licensing that grants a
21credential.
AB100,880,2222
(c) "License" means any of the following:
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1. A license issued under s. 13.63 or a registration issued under s. 13.64.
AB100,880,2424
2. An approval specified in s. 29.091 (1).
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3. A license issued under s. 48.66 (1).
AB100,881,4
14. A certification, license, training permit, registration, approval or certificate
2issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5),
3252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47
4(1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB100,881,55
5. A business tax registration certificate issued under s. 73.03 (50).
AB100,881,76
6. A license, registration, registration certificate or certification specified in s.
793.135 (1).
AB100,881,98
7. A license, permit or certificate of certification or registration specified in s.
9101.02 (21) (a).
AB100,881,1010
8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.
AB100,881,1111
9. A permit issued under s. 103.25 or 103.70.
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10. A certificate issued under s. 103.275, 103.91 or 103.92.
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11. A license or permit issued under chs. 115 and 118.
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12. A license or certificate of registration issued under s. 138.09, 138.12, 217.06,
15218.01, 218.02, 218.04, 218.05 or 224.72 or subch. III of ch. 551.
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13. A permit issued under s. 170.12.
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14. A certification under s. 165.85.
AB100,881,1918
15. A license, permit or registration issued under s. 218.01, 218.11, 218.12,
19218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61 or 343.62.
AB100,881,2020
16. A license, registration or certification specified in s. 299.08 (1) (a).
AB100,881,2221
17. A license issued under ch. 343 or, with respect to restriction, limitation or
22suspension, an individual's operating privilege, as defined in s. 340.01 (40).
AB100,881,2323
18. A credential.
AB100,881,2424
19. A license issued under s. 563.24 or ch. 562.
AB100,882,2
120. A license issued under s. 628.04, 632.68 (2) or (4) or 633.14 or a temporary
2license issued under s. 628.09.
AB100,882,33
21. A license to practice law.
AB100,882,64
(d) "Licensing agency" means a board, office or commissioner, department or
5division within a department that grants or issues a license, but does not include a
6credentialing board.
AB100,882,87
(e) "Support" means child or family support, maintenance, birth expenses,
8medical expenses or other expenses related to the support of a child or former spouse.
AB100,882,16
9(2) (a) The department of industry, labor and job development shall establish
10a system, in accordance with federal law, under which the supreme court is
11requested, and a licensing agency or credentialing board is required, to restrict,
12limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew, continue
13or revalidate a license in a timely manner upon certification by and in cooperation
14with the department of industry, labor and job development, if the individual holding
15or applying for the license is delinquent in making court-ordered payments of
16support.
AB100,882,2017
(b) Under the system, the department of industry, labor and job development
18shall enter into a memorandum of understanding with the supreme court, if the
19supreme court agrees, and with a licensing agency. A memorandum of
20understanding under this paragraph shall address at least all of the following:
AB100,883,321
1. The circumstances under which the supreme court or the licensing agency
22must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to
23renew, continue or revalidate a license and guidelines for determining the
24appropriate action to take. The memorandum of understanding with the
25department of regulation and licensing shall include the circumstances under which
1the department of regulation and licensing shall direct a credentialing board to
2restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines
3for determining the appropriate action to take.
AB100,883,54
2. Procedures that the department of industry, labor and job development shall
5use for doing all of the following:
AB100,883,116
a. Certifying to the supreme court or licensing agency a delinquency in support.
7The memorandum of understanding with the department of regulation and licensing
8shall include procedures for the department of regulation and licensing to notify a
9credentialing board that a certification of delinquency in support has been made by
10the department of industry, labor and job development with respect to an individual
11who holds or applied for a credential granted by the credentialing board.
AB100,883,1312
b. Notifying an individual who is delinquent in making court-ordered
13payments of support under sub. (3) (a).
AB100,883,2014
c. Notifying the supreme court or licensing agency that an individual has paid
15delinquent support or made satisfactory alternative payment arrangements. The
16memorandum of understanding with the department of regulation and licensing
17shall include procedures for the department of regulation and licensing to notify a
18credentialing board that an individual who holds or applied for a credential granted
19by the credentialing board has paid delinquent support or made satisfactory
20alternative payment arrangements.
AB100,883,2221
3. Procedures that the supreme court or licensing agency shall use for doing all
22of the following:
AB100,883,2423
a. Notifying an individual who is delinquent in making court-ordered
24payments of support under sub. (3) (c) 1.
AB100,884,5
1b. Restricting, limiting, suspending, withholding, denying, refusing to grant or
2issue or refusing to renew, continue or revalidate a license. The memorandum of
3understanding with the department of regulation and licensing shall include
4procedures for the department of regulation and licensing to direct a credentialing
5board to restrict, limit, suspend, withhold, deny or refuse to grant a credential.
AB100,884,166
c. Issuing or reinstating a license if the department of industry, labor and job
7development notifies the supreme court or licensing agency that an individual who
8was delinquent in making court-ordered payments of support has paid the
9delinquent support or made satisfactory alternative payment arrangements. The
10memorandum of understanding with the department of regulation and licensing
11shall include procedures for the department of regulation and licensing to direct a
12credentialing board to grant or reinstate a credential if the department of industry,
13labor and job development notifies the department of regulation and licensing that
14an individual who holds or applied for a credential granted by the credentialing
15board has paid the delinquent support or made satisfactory alternative payment
16arrangements.
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4. Procedures for the use under the system of social security numbers obtained
18from license applications.
AB100,884,2219
5. Procedures for safeguarding the confidentiality of information about an
20individual, including social security numbers obtained by the department of
21industry, labor and job development, the supreme court, the licensing agency or a
22credentialing board.
AB100,885,423
(c) The system shall provide for adequate notice to an individual who is
24delinquent in making court-ordered payments of support, an opportunity for the
25individual to make alternative arrangements for paying the delinquent support, an
1opportunity for the individual to request and obtain a hearing before a court or family
2court commissioner as provided in sub. (3) and prompt reinstatement of the
3individual's license upon payment of the delinquent support or upon making
4satisfactory alternative payment arrangements.
AB100,885,10
5(3) (a) Before the department of industry, labor and job development certifies
6to the supreme court or a licensing agency under the system established under sub.
7(2) that an individual is delinquent in making court-ordered payments of support,
8the department of industry, labor and job development or a county child support
9agency under s. 59.53 (5) shall provide notice to the individual by regular mail. The
10notice shall inform the individual of all of the following:
AB100,885,1311
1. That a certification of delinquency in paying support will be made to the
12supreme court, a licensing agency or, with respect to a credential granted by a
13credentialing board, the department of regulation and licensing.
AB100,885,1414
2. When the certification under subd. 1. will occur.
AB100,885,2015
3. That, upon certification, any license that the individual holds from any
16licensing agency or credentialing board, or from the supreme court if the supreme
17court agrees, will be restricted, limited, suspended or not renewed, continued or
18revalidated, and any license for which the individual applies or has applied from any
19licensing agency or credentialing board, or from the supreme court if the supreme
20court agrees, will not be granted or issued.
AB100,885,2521
4. That the certification will not be made if the individual pays the delinquent
22amount in full or makes satisfactory alternative payment arrangements with the
23department of industry, labor and job development or a county child support agency
24under s. 59.53 (5). The notice shall inform the individual of how he or she may pay
25the delinquent amount or make satisfactory alternative payment arrangements.
AB100,886,3
15. That, within 20 days after receiving the notice, the individual may request
2a hearing before the circuit court that rendered the order or judgment requiring the
3payments.
AB100,886,84
(b) 1. If the individual timely requests a hearing under par. (a) 5., the court shall
5set the matter for hearing within 10 days after receiving the request. The family
6court commissioner may conduct the hearing. The only issue at the hearing shall be
7whether the individual owes the amount that will be certified by the department of
8industry, labor and job development.
AB100,886,149
2. If at the hearing the court or family court commissioner finds that the
10individual does not owe the delinquent support, or if within 20 days after receiving
11the notice under par. (a) the individual pays the delinquent amount in full or makes
12satisfactory alternative payment arrangements, the department of industry, labor
13and job development shall not make a certification of delinquency to the supreme
14court or a licensing agency.
AB100,887,315
(c) 1. If the department of industry, labor and job development certifies to the
16supreme court, a licensing agency or, with respect to a credential granted by a
17credentialing board, the department of regulation and licensing that an individual
18is delinquent in making court-ordered payments of support and the individual did
19not request a hearing under par. (a) 5., the supreme court, if the supreme court
20agrees, licensing agency or department of regulation and licensing shall provide
21notice to the individual by regular mail. The notice shall inform the individual that,
22within 20 days after receiving the notice, the individual may request a hearing before
23the circuit court that rendered the order or judgment requiring the payments upon
24which the certification is based. If the individual timely requests a hearing under
25this subdivision, the court shall set the hearing within 10 days after receiving the
1request. The family court commissioner may conduct the hearing, and the only issue
2at the hearing shall be whether the individual owes the amount certified by the
3department of industry, labor and job development.
AB100,887,154
2. If at the hearing the court or family court commissioner finds that the
5individual does not owe the delinquent support, or if within 20 days after receiving
6the notice under subd. 1. the individual pays the delinquent amount in full or makes
7satisfactory alternative payment arrangements, the department of industry, labor
8and job development shall notify the supreme court or the licensing agency that the
9individual's license should not be restricted, limited, suspended, withheld, denied,
10refused granting or issuance or refused renewal, continuance or revalidation under
11a memorandum of understanding entered into under sub. (2) (b). If the individual
12holds or applied for a credential granted by a credentialing board, the department
13of regulation and licensing shall, upon notice by the department of industry, labor
14and job development, notify the credentialing board that the individual's credential
15should not be restricted, limited, suspended, withheld, denied or refused granting.
AB100,888,216
(d) If an individual who is denied a license or whose license is restricted,
17limited, suspended or refused renewal, continuance or revalidation under a
18memorandum of understanding entered into under sub. (2) (b) pays the delinquent
19amount of support in full or makes satisfactory alternative payment arrangements,
20the department of industry, labor and job development shall immediately notify the
21supreme court or licensing agency to issue or reinstate the individual's license as
22provided in the memorandum of understanding. If the individual held or applied for
23a credential granted by a credentialing board, the department of regulation and
24licensing shall, upon notice by the department of industry, labor and job
1development, notify the credentialing board to grant or reinstate the individual's
2credential.
AB100,888,9
3(4) Each licensing agency shall enter into a memorandum of understanding
4with the department of industry, labor and job development under sub. (2) (b) and
5shall cooperate with the department of industry, labor and job development in its
6administration of s. 49.22. The department of regulation and licensing shall enter
7into a memorandum of understanding with the department of industry, labor and job
8development on behalf of a credentialing board with respect to a credential granted
9by the credentialing board.
AB100,888,13
10(5) The restriction, limitation, suspension, withholding or denial of, or the
11refusal to grant, issue, renew, continue or revalidate, a license under a memorandum
12of understanding entered into under sub. (2) (b) is not subject to administrative
13review under ch. 227.
AB100, s. 2003
14Section
2003. 49.89 (7) (c) of the statutes is amended to read:
AB100,888,2015
49.89
(7) (c) The incentive payment shall be an amount equal to 15% of the
16amount recovered because of benefits paid under
s. 49.20, 1995 stats., or s. 49.19,
1749.20, 49.30 or 253.05. The incentive payment shall be taken from the state share
18of the sum recovered, except that the incentive payment for an amount recovered
19because of benefits paid under s. 49.19 shall be considered an administrative cost
20under s. 49.19 for the purpose of claiming federal funding.
AB100, s. 2004
21Section
2004. 49.90 (2g) of the statutes is amended to read:
AB100,889,522
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
23grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
24is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
25dependent minor or the child's parent may apply to the circuit court for the county
1in which the child resides for an order to compel the provision of maintenance. A
2county department under s. 46.215, 46.22 or 46.23, a county child support agency
3under s. 59.53 (5) or the department of industry, labor and job development may
4initiate an action to obtain maintenance of the child by the child's grandparent under
5sub. (1) (a) 2., regardless of whether the child receives public assistance.
AB100, s. 2005
6Section
2005. 50.02 (1) of the statutes is amended to read:
AB100,889,207
50.02
(1) Departmental authority. The department may provide uniform,
8statewide licensing, inspection and regulation of community-based residential
9facilities and nursing homes as provided in this subchapter.
The Except as provided
10in s. 50.022, the department shall certify, inspect and otherwise regulate adult family
11homes, as specified under s. 50.032 and shall license adult family homes, as specified
12under s. 50.033. Nothing in this subchapter may be construed to limit the authority
13of the department of commerce or of municipalities to set standards of building safety
14and hygiene, but any local orders of municipalities shall be consistent with uniform,
15statewide regulation of community-based residential facilities. The department
16may not prohibit any nursing home from distributing over-the-counter drugs from
17bulk supply. The department may consult with nursing homes as needed and may
18provide specialized consultations when requested by any nursing home, separate
19from its inspection process, to scrutinize any particular questions the nursing home
20raises. The department shall, by rule, define "specialized consultation".
AB100, s. 2006
21Section
2006. 50.022 of the statutes is created to read:
AB100,890,3
2250.022 Denial, nonrenewal and revocation of license, certification or
23registration based on tax delinquency. (1) The department shall require each
24applicant to provide the department with his or her social security number, if the
25applicant is an individual, or the applicant's federal employer identification member,
1if the applicant is not an individual, as a condition of issuing or renewing a
2certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or of
3issuing any of the following:
AB100,890,44
(a) A license under s. 50.03 (4) (a) 1. a.
AB100,890,55
(b) A license under s. 50.03 (4) (a) 1. b.
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(c) A provisional license under s. 50.03 (4m) (a).
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(d) A provisional license under s. 50.03 (4m) (b).
AB100,890,88
(e) A certification issued by the department under s. 50.032 (1m) (b).
AB100,890,99
(f) A license issued by the department under s. 50.033 (1m) (b).
AB100,890,1010
(g) A conditional license under s. 50.04 (6) (a).
AB100,890,1111
(h) A license under s. 50.05 (13).
AB100,890,1212
(i) A certificate of approval under s. 50.35.
AB100,890,1313
(j) A license under s. 50.49 (6) (a).
AB100,890,1414
(k) A provisional license under s. 50.49 (10).
AB100,890,1515
(L) A license or a provisional license under s. 50.52 (2).
AB100,890,1616
(m) A license under s. 50.92 (2).
AB100,890,1717
(n) A provisional license under s. 50.93 (3).
AB100,890,24
18(1m) The department shall require each licensee or holder of a certification or
19certificate of approval specified under sub. (1) (a), (b), (e), (f), (h), (i), (j) or (m) or a
20licensee under s. 50.52 (2) to provide the department with his or her social security
21number if the licensee or holder of a certification or certificate of approval is an
22individual, or the licensee's or holder's federal employer identification number, if the
23licensee or holder is not an individual, as a condition of reporting under s. 50.03 (4)
24(c) 1. or 2., 50.032 (2r), 50.033 (2m), 50.355, 50.49 (6) (d), 50.535 or 50.93 (3m).
AB100,891,3
1(2) The department may not disclose any information received under sub. (1)
2or (1m) to any person except to the department of revenue for the sole purpose of
3requesting certifications under s. 73.0301.
AB100,891,11
4(3) The department shall deny an application for the issuance or renewal of a
5certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or for the
6issuance of a license, certificate of approval, provisional license, conditional license,
7certification or registration specified in sub. (1) if the applicant does not provide the
8information specified in sub. (1) or shall deny approval of a report specified in sub.
9(1m) if the licensee or holder of a certification or certificate of approval does not
10provide the information specified in sub. (1m). A denial or nonrenewal under this
11subsection is subject to review under ch. 227.
AB100,891,20
12(4) The department shall deny an application for the issuance or renewal of a
13certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or for the
14issuance of a license, certificate of approval, provisional license, conditional license,
15certification or registration specified in sub. (1) or shall revoke a certification under
16s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or a license, certificate of
17approval, provisional license, conditional license, certification or registration
18specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the
19applicant for or holder of the license, certificate of approval, provisional license,
20conditional license, certification or registration is liable for delinquent taxes.
AB100, s. 2007
21Section
2007. 50.03 (1m) of the statutes is amended to read:
AB100,892,322
50.03
(1m) Distinct part or separate licensure for institutions for mental
23diseases. Upon application to the department, the department may approve
24licensure of the operation of a nursing home or a distinct part of a nursing home as
25an institution for mental diseases, as defined under
42 CFR 435.1009. Conditions
1and procedures for application for, approval of
, and operation under
and renewal of 2licensure under this subsection shall be established in rules promulgated by the
3department.
AB100, s. 2008
4Section
2008. 50.03 (2) (d) of the statutes is amended to read:
AB100,892,105
50.03
(2) (d) Any holder of a license or applicant for a license shall be deemed
6to have given consent to any authorized officer, employe or agent of the department
7to enter and inspect the facility in accordance with this subsection. Refusal to permit
8such entry or inspection shall constitute grounds for
initial licensure denial,
9nonrenewal as provided in sub. (4), or suspension or revocation of license
, as provided
10in sub. (5).
AB100, s. 2009
11Section
2009. 50.03 (3) (b) (intro.) of the statutes is amended to read:
AB100,892,1512
50.03
(3) (b) (intro.) The application for a license
or a license renewal and the
13report of a licensee shall be in writing upon forms provided by the department and
14shall contain such information as the department requires, including the name,
15address and type and extent of interest of each of the following persons: