AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Wisconsin Works
Under current law, overpayments of food stamp benefits and various benefits under Wisconsin Works (W-2) may be recovered as a setoff against any income tax refund owed to the person who received the overpayment. DWD certifies the amount of the overpayment to DOR. Before the certification, the person who received the overpayment receives notice that the overpayment amount will be certified and set off against any tax refund to which he or she may be entitled. The person may request a hearing to appeal the overpayment determination.
Also under current law, DWD makes job access loans, which must be repaid, to persons who are eligible for W-2 and who need such loans to obtain or continue employment. This bill authorizes DWD to certify delinquent job access loan repayments to DOR for setoff against any income tax refund owed to the person who received the loan. The same notice and hearing rights that apply under current law to certification of benefits overpayments apply to certification of delinquent job access loan repayments. Delinquent repayment amounts collected by DOR and paid to DWD must be used to make more job access loans.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.445 (3) (jL) of the statutes is amended to read:
20.445 (3) (jL) Job access loan repayments. All moneys received from repayments of loans made under s. 49.147 (6), and from the department of revenue under s. 71.93 for delinquent job access loan repayments certified under s. 49.85, for the purpose of making loans under s. 49.147 (6).
****NOTE: This is reconciled s. 20.445 (3) (jL). This section has been affected by LRB-0229 and LRB-1256.
SECTION 2. 49.147 (6) (cm) of the statutes is created to read:
49.147 (6) (cm) Collection of delinquent repayments. 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.
2. Subdivision 1. applies to delinquent repayments existing on or after the effective date of this subdivision .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.
SECTION 3. 49.85 (title) of the statutes is amended to read:
49.85 (title) Certification of certain public assistance overpayments and delinquent loan repayments.
SECTION 4. 49.85 (1) of the statutes is amended to read:
49.85 (1) 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 family services may recover an amount under s. 49.497 or that the department of workforce development may recover an amount under s. 49.161, 49.195 (3), or 49.793, or collect an amount under s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin works agency determines that the department of workforce development may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin works agency shall notify the department of workforce development of the determination.
SECTION 5. 49.85 (2) (b) of the statutes is amended to read:
49.85 (2) (b) At least annually, the department of workforce development 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 workforce development, the department of workforce development has determined that it may recover under ss. 49.161, 49.195 (3), and 49.793, and collect under s. 49.147 (6) (cm), except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
SECTION 6. 49.85 (3) (b) (intro.) of the statutes is amended to read:
49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover or collect the amount. The notice shall do all of the following:
SECTION 7. 49.85 (3) (b) 1. of the statutes is amended to read:
49.85 (3) (b) 1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under s. 49.161, 49.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.
SECTION 8. 49.85 (5) of the statutes is 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 family services or the department of workforce development from attempting to recover or collect the amount through other legal means. The department of health and family services or the department of workforce development shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.
SECTION 9. 71.93 (1) (a) 4. of the statutes is amended to read:
71.93 (1) (a) 4. An amount that the department of workforce development may recover under s. 49.161, 49.195 (3), or 49.793, or may collect under s. 49.147 (6) (cm), if the department of workforce development has certified the amount under s. 49.85.
(End)
LRB-0231LRB-0231/1
GMM:kjf&kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0299, JobRide grants
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
employment
Under current law, DWD is required to administer an employment transit assistance program under which DWD conducts projects, or provides grants to local public bodies and mass transit systems to conduct projects, to improve access to jobs that are located in outlying suburban and sparsely populated and developed areas that are not adequately served by a mass transit system. Currently, certain requirements apply to the employment transit assistance program, including a requirement that all jobs accessed by the program must pay at least $4 per hour, a requirement that fares charged under the program may not exceed $2 per one-way trip, and a requirement that employers of employees participating in the program must pay at least 50% of the cost per one-way trip for those employees. This bill eliminates those requirements.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 106.26 (4) of the statutes is repealed.
(End)
LRB-0267LRB-0267/1
MJL:cjs:jf
2003 - 2004 LEGISLATURE
DOA:......Binau - BB0063 New appropriation for veterinary diagnostic laboratory
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Education
Higher education
This bill creates an appropriation for all federal funds received for the veterinary diagnostic laboratory.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.285 (1) (mc) of the statutes is created to read:
20.285 (1) (mc) Veterinary diagnostic laboratory; federal funds. All moneys received from the federal government for the veterinary diagnostic laboratory to be used in accordance with the provisions of the federal grant or program.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0279LRB-0279/2
PJK:cjs&wlj:jf
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0179, Federal incentive payments exceeding statutory cap
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: federal child support incentive payments and making an appropriation.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
Under current state law, DWD must distribute child support incentive payments (incentive payments) to counties according to a formula worked out between DWD and representatives of counties. The incentive payments come from two sources: 1) federal incentive payments made to the state on the basis of successful child support enforcement efforts of DWD and county child support agencies and 2) certain child support collections assigned to the state by public assistance recipients. The statutes provide that a county's share of the incentive payments may not exceed the costs of the county's child support program (generally, the program in each county under which child support is established and enforced), that all incentive payments received by a county may be used only for the costs of its child support program, and that the total incentive payments that are paid to all counties in a year may not exceed $12,340,000.
This bill provides that, if the incentive payments received in a year from the federal government exceed $12,340,000, the excess amount will be divided equally between the counties and DWD. Each county's share of one-half of the excess will be determined according to the formula that already determines the county's share of incentive payments. A county still may not receive incentive payments, however, that exceed its child support program costs and must use the excess incentive payments for the costs of its child support program.
DWD may use its share of any excess incentive payments for activities under its child support enforcement program and for the costs of receiving and disbursing support and support-related payments.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.445 (3) (nL) of the statutes is amended to read:
20.445 (3) (nL) Federal program Child support local assistance; federal funds. All moneys received from the federal government or any of its agencies for continuing programs, except for 50% of the amount of the federal moneys received as child support incentive payments that exceeds the maximum specified in s. 49.24 (2) (b), to be expended as local assistance for the purposes specified, except that the following amounts shall lapse from this appropriation to the general fund: in each calendar year, 55% of the federal moneys made available to support prosecution of welfare fraud in this state, as determined by the secretary of administration.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.445 (3) (nL). This SECTION has been affected by LRB-0279 and LRB-1243.
SECTION 2. 49.22 (7m) of the statutes is amended to read:
49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent 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. 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 use federal matching funds or funds retained by the department under s. 49.24 (2) (c), or use up to 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 or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).
SECTION 3. 49.24 (2) (b) of the statutes is amended to read:
49.24 (2) (b) The Except as provided in par. (c), the total of payments made to counties under sub. (1) and in federal child support incentive payments may not exceed $12,340,000 per year.
SECTION 4. 49.24 (2) (c) of the statutes is created to read:
49.24 (2) (c) If federal child support incentive payments that are received for a year exceed the maximum specified in par. (b), 50% of the amount that exceeds the maximum specified in par. (b) shall be distributed to counties according to the formula under par. (a), subject to the incentive payments limit specified in par. (a), and the remainder shall be retained by the department to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.
SECTION 5. 49.24 (3) of the statutes is amended to read:
49.24 (3) A county that receives any state child support incentive payment under sub. (1) or any federal child support incentive payment under sub. (2) (a) or (c) may use the funds only to pay costs under its child support program under s. 49.22.
SECTION 9359. Initial applicability; workforce development.
(1) EXCESS CHILD SUPPORT INCENTIVE PAYMENTS. The treatment of sections 20.445 (3) (n) (with respect to federal moneys received as child support payments) and (nL) (with respect to federal moneys received as child support payments), 49.22 (7m) (by SECTION 2), and 49.24 (2) (b) and (c) and (3) of the statutes first applies to child support incentive payments awarded for 2002.
(End)
LRB-0310LRB-0310/2
RCT:kmg:pg
2003 - 2004 LEGISLATURE
DOA:......Walker - BB0198, Agrichemical management fund and agricultural chemical cleanup fund changes
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: fees and surcharges related to pesticides, fertilizer, and feed, reimbursement under the Agricultural Chemical Cleanup Program, the required balance in the agricultural chemical cleanup fund, and making an appropriation.
Analysis by the Legislative Reference Bureau
Agriculture
This bill makes several changes related to the agrichemical management fund and the agricultural chemical cleanup fund and moneys that are deposited in those funds.
