SB40-SSA1, s. 1679
17Section
1679. 49.84 (6) (c) 1. d. of the statutes, as created by 2007 Wisconsin
18Act .... (this act), is amended to read:
SB40-SSA1,772,2119
49.84
(6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1)
20(a) 13.
or, 49.47 (4) (am) 3.
, or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving
21prenatal care under s. 49.471.
SB40-SSA1, s. 1680
22Section
1680. 49.84 (6) (c) 1. e. of the statutes, as created by 2007 Wisconsin
23Act .... (this act), is amended to read:
SB40-SSA1,773,3
149.84
(6) (c) 1. e. A pregnant woman who is receiving medical assistance under
2s. 49.465
or a child or pregnant woman who is receiving medical assistance under s.
349.471 (5) (b) 1. or 2.
SB40-SSA1,773,235
49.845
(1) Fraud investigation. From the appropriations under s. 20.435 (4)
6(bn), (kz), (L), and (nn), the department of health and family services shall establish
7a program to investigate suspected fraudulent activity on the part of recipients of
8medical assistance under subch. IV, food stamp benefits under the food stamp
9program under
7 USC 2011 to
2036, supplemental security income payments under
10s. 49.77, payments for the support of children of supplemental security income
11recipients under s. 49.775, and health care benefits under the Badger Care health
12care program under s. 49.665 and, if the department of
workforce development 13children and families contracts with the department of health and family services
14under sub. (4), on the part of recipients of aid to families with dependent children
15under s. 49.19 and participants in the Wisconsin Works program under ss. 49.141 to
1649.161. The activities of the department of health and family services under this
17subsection may include comparisons of information provided to the department by
18an applicant and information provided by the applicant to other federal, state, and
19local agencies, development of an advisory welfare investigation prosecution
20standard, and provision of funds to county departments under ss. 46.215, 46.22, and
2146.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The
22department of health and family services shall cooperate with district attorneys
23regarding fraud prosecutions.
SB40-SSA1,774,9
149.845
(2) State error reduction activities. The department of health and
2family services shall conduct activities to reduce payment errors in the Medical
3Assistance program under subch. IV, the food stamp program under
7 USC 2011 to
42036, the supplemental security income payments program under s. 49.77, the
5program providing payments for the support of children of supplemental security
6income recipients under s. 49.775, and the Badger Care health care program under
7s. 49.665 and, if the department of
workforce development children and families 8contracts with the department of health and family services under sub. (4), in
9Wisconsin Works under ss. 49.141 to 49.161.
SB40-SSA1,774,1611
49.845
(3) Wisconsin Works agency error reduction. If the department of
12workforce development children and families contracts with the department of
13health and family services under sub. (4), the department of health and family
14services shall provide funds from the appropriation under s. 20.435 (4) (kz) to
15Wisconsin Works agencies to offset the administrative costs of reducing payment
16errors in Wisconsin Works under ss. 49.141 to 49.161.
SB40-SSA1,774,2418
49.845
(4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m)
19and (3), the department of
workforce development
children and families may
20contract with the department of health and family services to investigate suspected
21fraudulent activity on the part of recipients of aid to families with dependent
22children under s. 49.19 and participants in Wisconsin Works under ss. 49.141 to
2349.161 and to conduct activities to reduce payment errors in Wisconsin Works under
24ss. 49.141 to 49.161, as provided in this section.
SB40-SSA1,775,12
149.85
(1) Department notification requirement. If a county department under
2s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
3Indian tribe or band determines that the department of health and family services
4may recover an amount under s. 49.497, 49.793, or 49.847, or that the department
5of
workforce development children and families may recover an amount under s.
649.161 or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county
7department or governing body shall notify the affected department of the
8determination. If a Wisconsin Works agency determines that the department of
9workforce development children and families may recover an amount under s. 49.161
10or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works
11agency shall notify the department of
workforce development children and families 12of the determination.
SB40-SSA1,775,2314
49.85
(2) (b) At least annually, the department of
workforce development 15children and families shall certify to the department of revenue the amounts that,
16based on the notifications received under sub. (1) and on other information received
17by the department of
workforce development children and families, the department
18of
workforce development children and families has determined that it may recover
19under ss. 49.161 and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the
20department of
workforce development children and families may not certify an
21amount under this subsection unless it has met the notice requirements under sub.
22(3) and unless its determination has either not been appealed or is no longer under
23appeal.
SB40-SSA1, s. 1687
24Section
1687. 49.85 (3) (b) (intro.) of the statutes is amended to read:
SB40-SSA1,776,4
149.85
(3) (b) (intro.) At least 30 days before certification of an amount, the
2department of
workforce development children and families shall send a notice to the
3last-known address of the person from whom that department intends to recover or
4collect the amount. The notice shall do all of the following:
SB40-SSA1,776,116
49.85
(3) (b) 1. Inform the person that the department of
workforce
7development children and families intends to certify to the department of revenue
8an amount that the department of
workforce development
children and families has
9determined to be due under s. 49.161 or 49.195 (3) or to be delinquent under a
10repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax
11refund that may be due the person.
SB40-SSA1,776,1613
49.85
(3) (b) 2. Inform the person that he or she may appeal the determination
14of the department of
workforce development children and families to certify the
15amount by requesting a hearing under sub. (4) within 30 days after the date of the
16letter and inform the person of the manner in which he or she may request a hearing.
SB40-SSA1,776,2118
49.85
(3) (b) 3. Inform the person that, if the determination of the department
19of
workforce development children and families is appealed, that department will
20not certify the amount to the department of revenue while the determination of the
21department of
workforce development children and families is under appeal.
SB40-SSA1,777,323
49.85
(3) (b) 4. Inform the person that, unless a contested case hearing is
24requested to appeal the determination of the department of
workforce development 25children and families, the person may be precluded from challenging any subsequent
1setoff of the certified amount by the department of revenue, except on the grounds
2that the certified amount has been partially or fully paid or otherwise discharged,
3since the date of the notice.
SB40-SSA1,777,75
49.85
(3) (b) 5. Request that the person inform the department of
workforce
6development children and families if a bankruptcy stay is in effect with respect to the
7person or if the claim has been discharged in bankruptcy.
SB40-SSA1,777,149
49.85
(4) (b) If a person has requested a hearing under this subsection, the
10department of
workforce development children and families shall hold a contested
11case hearing under s. 227.44, except that the department of
workforce development 12children and families may limit the scope of the hearing to exclude issues that were
13presented at a prior hearing or that could have been presented at a prior opportunity
14for hearing.
SB40-SSA1,777,2516
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 family services or the department of
21workforce development children and families from attempting to recover or collect
22the amount through other legal means. The department of health and family
23services or the department of
workforce development
children and families shall
24promptly notify the department of revenue upon recovery or collection of any amount
25previously certified under this section.
SB40-SSA1, s. 1695
1Section
1695. 49.852 (1) of the statutes is renumbered 49.852 (1m) and
2amended to read:
SB40-SSA1,778,123
49.852
(1m) The department
of workforce development may direct the
4department of employee trust funds, the retirement system of any 1st class city, any
5retirement system established under
chapter 201, laws of 1937, or the administrator
6of any other pension plan to withhold the amount specified in the statewide support
7lien docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan
8that may be paid a delinquent support obligor, except that the department
of
9workforce development may not direct that an amount be withheld under this
10subsection unless it has met the notice requirements under sub. (2) and unless the
11amount specified has either not been appealed or is no longer under appeal under s.
1249.854.
SB40-SSA1,778,1514
49.852
(1c) In this section, "department" means the department of children
15and families.
SB40-SSA1, s. 1697
16Section
1697. 49.852 (2) (intro.) of the statutes is amended to read:
SB40-SSA1,778,2017
49.852
(2) (intro.) The department
of workforce development shall send a
18notice to the last-known address of the person from whom the department intends
19to recover the amount specified in the statewide support lien docket under s. 49.854
20(2) (b). The notice shall do all of the following:
SB40-SSA1,778,2422
49.852
(2) (c) Request that the person inform the department
of workforce
23development or the appropriate county child support agency under s. 59.53 (5) if a
24bankruptcy stay is in effect with respect to the person.
SB40-SSA1,779,17
149.852
(3) If a person has requested a hearing pursuant to sub. (2) (b), the
2hearing shall be conducted before the circuit court that rendered the initial order to
3pay support. The court shall schedule a hearing within 10 business days after
4receiving a request for a hearing. A circuit court commissioner may conduct the
5hearing. If the court determines that the person owes the amount specified in the
6statewide support lien docket under s. 49.854 (2) (b), the department
of workforce
7development may direct the department of employee trust funds, the retirement
8system of any 1st class city, any retirement system established under
chapter 201,
9laws of 1937, or the administrator of any other pension plan, whichever is
10appropriate, to withhold the amount from any lump sum payment from a pension
11plan that may be paid the person. If the court determines that the person does not
12owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b),
13the department
of workforce development may not direct the department of
14employee trust funds, the retirement system of any 1st class city, any retirement
15system established under
chapter 201, laws of 1937, or the administrator of any
16other pension plan, whichever is appropriate, to withhold the amount from any lump
17sum payment from a pension plan that may be paid the person.
SB40-SSA1,779,2519
49.852
(4) (a) If the department
of workforce development directs the
20department of employee trust funds, the retirement system of any 1st class city, any
21retirement system established under
chapter 201, laws of 1937, or the administrator
22of any other pension plan to withhold the amount specified in the statewide support
23lien docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the
24amount specified in the statewide support lien docket, on any lump sum payment
25from a pension plan that may be paid the person.
SB40-SSA1,780,172
49.852
(4) (b) If the department
of workforce development directs the
3department of employee trust funds, the retirement system of any 1st class city, any
4retirement system established under
chapter 201, laws of 1937, or the administrator
5of any other pension plan to withhold the amount specified in the statewide support
6lien docket under s. 49.854 (2) (b), the department of employee trust funds, the
7retirement system of any 1st class city, any retirement system established under
8chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct
9from any lump sum payment that may be paid the person the amount specified in
10the statewide support lien docket, less any amount specified under par. (d). If the
11amount specified in the statewide support lien docket under s. 49.854 (2) (b), less any
12amount specified under par. (d), exceeds the lump sum payment, the department of
13employee trust funds, the retirement system of any 1st class city, any retirement
14system established under
chapter 201, laws of 1937, or the administrator of any
15other pension plan shall deduct the entire lump sum payment, less any withholdings
16otherwise required by law. The amount deducted under this paragraph shall be
17remitted to the department
of workforce development.
SB40-SSA1,780,2419
49.852
(4) (c) A directive to the department of employee trust funds, the
20retirement system of any 1st class city, any retirement system established under
21chapter 201, laws of 1937, or the administrator of any other pension plan to withhold
22the amount specified in the statewide support lien docket under s. 49.854 (2) (b)
23under this section does not prohibit the department
of workforce development from
24attempting to recover the amount through other legal means.
SB40-SSA1,781,5
149.852
(4) (d) The department
of workforce development shall promptly notify
2the department of employee trust funds, the retirement system of any 1st class city,
3any retirement system established under
chapter 201, laws of 1937, or the
4administrator of any other pension plan upon recovery of any amount previously
5specified in the statewide support lien docket under s. 49.854 (2) (b).
SB40-SSA1,781,87
49.853
(1) (b) "Department" means the department of
workforce development 8children and families.
SB40-SSA1,781,1110
49.854
(1) (a) "Department" means the department of
workforce development
11children and families.
SB40-SSA1,781,1513
49.854
(5) (a) 3. "Lien" means a lien under this section or a lien in favor of
14another state based on a support obligation, including a lien placed under s. 769.305
15(2) (g).
SB40-SSA1,782,217
49.854
(5) (b)
Notice to the financial institution. To enforce a lien
under this
18section by levying against an account at a financial institution, the department shall
19send a notice of levy to the financial institution instructing the financial institution
20to prohibit the closing of or withdrawals from one or more accounts that the obligor
21owns in whole or in part, up to a total amount that is sufficient to pay the support
22owed, financial institution fees under par. (e)
, and estimated levy fees and costs
23under sub. (11), until further notice from the department or a court. The financial
24institution shall comply with the notice of levy and shall hold the amount specified
1in the notice until the financial institution receives further instructions from the
2department or a court.
SB40-SSA1,782,124
49.854
(5) (c)
Liens in favor of other states. Notwithstanding par. (b), if a lien
5under par. (b) is in favor of another state, the notice sent by the department to the
6financial institution may consist of the request from the other state to enforce the
7lien, a certification by the department that any necessary due process requirements
8were met in the other state, a request that the financial institution honor the request
9from the other state by sending the amount specified in the request directly to the
10other state, and the address to which the financial institution shall send the funds.
11Notice and hearing requirements under pars. (d) and (f) do not apply to a lien in favor
12of another state.
SB40-SSA1,782,2214
49.854
(5) (e)
Financial institution fees. A financial institution may continue
15to collect fees, under the terms of the account agreement, on accounts frozen under
16this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial
17institution may collect any early withdrawal penalty incurred under the terms of an
18account as a result of the levy. Financial institution fees authorized under this
19paragraph may be charged to the account immediately prior to the remittance of the
20amount to the department
or the other state and may be charged even if the amounts
21in the obligor's accounts are insufficient to pay the total amount of support owed and
22the department's levy costs under sub. (11) (b).
SB40-SSA1,783,424
49.854
(11) (b)
The department. The department may assess a collection fee
25to recover the department's costs incurred in levying against property under this
1section. The department shall determine its costs to be paid in all cases of levy. The
2obligor is liable to the department for the amount of the collection fee authorized
3under this paragraph. Fees collected under this paragraph shall be credited to the
4appropriation account under s.
20.445 (3) 20.437 (2) (ja).
SB40-SSA1,783,146
49.855
(1) If a person obligated to pay child support, family support,
7maintenance, or the receiving and disbursing fee under s. 767.57 (1e) (a) is
8delinquent in making any of those payments, or owes an outstanding amount that
9has been ordered by the court for past support, medical expenses, or birth expenses,
10upon application under s. 59.53 (5) the department of
workforce development 11children and families shall certify the delinquent payment or outstanding amount
12to the department of revenue and, at least annually, shall provide to the department
13of revenue any certifications of delinquencies or outstanding amounts that it receives
14from another state because the obligor resides in this state.
SB40-SSA1,783,1816
49.855
(2r) At least annually, the department of children and families shall
17certify to the department of revenue any obligation owed to that department under
18s. 49.345 if the obligation is rendered to a judgment.
SB40-SSA1,784,1920
49.855
(3) Receipt of a certification by the department of revenue shall
21constitute a lien, equal to the amount certified, on any state tax refunds or credits
22owed to the obligor. The lien shall be foreclosed by the department of revenue as a
23setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
24that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
25obligor that the state intends to reduce any state tax refund or credit due the obligor
1by the amount the obligor is delinquent under the support, maintenance, or receiving
2and disbursing fee order or obligation, by the outstanding amount for past support,
3medical expenses, or birth expenses under the court order, or by the amount due
4under s. 46.10 (4)
, 49.345 (4), or 301.12 (4). The notice shall provide that within 20
5days the obligor may request a hearing before the circuit court rendering the order
6under which the obligation arose. Within 10 days after receiving a request for
7hearing under this subsection, the court shall set the matter for hearing. Pending
8further order by the court or a circuit court commissioner, the department of
9workforce development children and families or its designee, whichever is
10appropriate, is prohibited from disbursing the obligor's state tax refund or credit.
11A circuit court commissioner may conduct the hearing. The sole issues at that
12hearing shall be whether the obligor owes the amount certified and, if not and it is
13a support or maintenance order, whether the money withheld from a tax refund or
14credit shall be paid to the obligor or held for future support or maintenance, except
15that the obligor's ability to pay shall also be an issue at the hearing if the obligation
16relates to an order under
s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 767.89 (3) (e) 1. or
17767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that
18the obligor's income was at or below the poverty line established under
42 USC 9902 19(2).
SB40-SSA1,785,721
49.855
(4) (a) The department of revenue shall send the portion of any state tax
22refunds or credits withheld for delinquent child or family support or maintenance or
23past support, medical expenses, or birth expenses to the department of
workforce
24development children and families or its designee for deposit in the support
25collections trust fund under s. 25.68 and shall send the portion of any state tax
1refunds or credits withheld for delinquent receiving and disbursing fees to the
2department of
workforce development children and families or its designee for
3deposit in the appropriation account under s.
20.445 (3) 20.437 (2) (ja). The
4department of
workforce development children and families shall make a settlement
5at least annually with the department of revenue. The settlement shall state the
6amounts certified, the amounts deducted from tax refunds and credits, and the
7administrative costs incurred by the department of revenue.
SB40-SSA1,785,189
49.855
(4) (b) The department of administration shall send the portion of any
10federal tax refunds or credits received from the internal revenue service that was
11withheld for delinquent child or family support or maintenance or past support,
12medical expenses, or birth expenses to the department of
workforce development 13children and families or its designee for deposit in the support collections trust fund
14under s. 25.68 and shall send the portion of any federal tax refunds or credits received
15from the internal revenue service that was withheld for delinquent receiving and
16disbursing fees to the department of
workforce development children and families 17or its designee for deposit in the appropriation account under s.
20.445 (3) 20.437 (2) 18(ja).
SB40-SSA1,786,2420
49.855
(4m) (b) The department of revenue may provide a certification that it
21receives under sub. (1), (2m),
or (2p)
, or (2r) to the department of administration.
22Upon receipt of the certification, the department of administration shall determine
23whether the obligor is a vendor or is receiving any other payments from this state,
24except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
2545.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration
1determines that the obligor is a vendor or is receiving payments from this state,
2except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
345.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
4certified from those payments and shall notify the obligor that the state intends to
5reduce any payments due the obligor by the amount the obligor is delinquent under
6the support, maintenance, or receiving and disbursing fee order or obligation, by the
7outstanding amount for past support, medical expenses, or birth expenses under the
8court order, or by the amount due under s. 46.10 (4)
, 49.345 (4), or 301.12 (4). The
9notice shall provide that within 20 days after receipt of the notice the obligor may
10request a hearing before the circuit court rendering the order under which the
11obligation arose. An obligor may, within 20 days after receiving notice, request a
12hearing under this paragraph. Within 10 days after receiving a request for hearing
13under this paragraph, the court shall set the matter for hearing. A circuit court
14commissioner may conduct the hearing. Pending further order by the court or circuit
15court commissioner, the department of
workforce development children and families 16or its designee, whichever is appropriate, may not disburse the payments withheld
17from the obligor. The sole issues at the hearing are whether the obligor owes the
18amount certified and, if not and it is a support or maintenance order, whether the
19money withheld shall be paid to the obligor or held for future support or
20maintenance, except that the obligor's ability to pay is also an issue at the hearing
21if the obligation relates to an order under
s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 22767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that
23the court found that the obligor's income was at or below the poverty line established
24under
42 USC 9902 (2).
SB40-SSA1,787,10
149.855
(4m) (c) Except as provided by order of the court after hearing under
2par. (b), the department of administration shall continue withholding until the
3amount certified is recovered in full. The department of administration shall
4transfer the amounts withheld under this paragraph to the department of
workforce
5development children and families or its designee, the department of health and
6family services, or the department of corrections, whichever is appropriate. The
7department of
workforce development children and families or its designee shall
8deposit amounts withheld for delinquent child or family support, maintenance, or
9receiving and disbursing fees or past support, medical expenses, or birth expenses
10in the appropriation account under s.
20.445 (3)
20.437 (2) (kp).
SB40-SSA1,787,1612
49.855
(5) Certification of an obligation to the department of revenue does not
13deprive any party of the right to collect the obligation or to prosecute the obligor. The
14department of
workforce development children and families or its designee shall
15immediately notify the department of revenue of any collection of an obligation that
16has been certified to the department of revenue.
SB40-SSA1,787,1918
49.856
(1) (b) "Department" means the department of
workforce development 19children and families.
SB40-SSA1,787,2121
49.857
(1) (cf) "Department" means the department of children and families.
SB40-SSA1,787,2523
49.857
(1) (f) "Subpoena or warrant" means a subpoena or warrant issued by
24the department
of workforce development or a child support agency and relating to
25paternity or support proceedings.
SB40-SSA1,788,92
49.857
(2) (a) The department
of workforce development shall establish a
3system, in accordance with federal law, under which a licensing authority is
4requested, and a licensing agency or credentialing board is required, to restrict,
5limit, suspend, withhold, deny, refuse to grant or issue
, or refuse to renew or
6revalidate a license in a timely manner upon certification by and in cooperation with
7the department
of workforce development, if the individual holding or applying for
8the license is delinquent in making court-ordered payments of support or fails to
9comply, after appropriate notice, with a subpoena or warrant.
SB40-SSA1, s. 1723
10Section
1723. 49.857 (2) (b) (intro.) of the statutes is amended to read:
