1997 Wisconsin Act 3

48.363 (1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

3,93 Section 93 . 48.57 (3m) (a) 1. of the statutes is amended to read:

48.57 (3m) (a) 1. “Department" means the department of industry, labor and job workforce development.

3,94 Section 94 . 48.57 (3m) (d) of the statutes is amended to read:

48.57 (3m) (d) The county department shall review a placement of a child for which the department of industry, labor and job workforce development makes payments under par. (am) not less than every 12 months after the department of industry, labor and job workforce development begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the department shall discontinue making those payments.

3,95 Section 95 . 48.57 (3m) (d) of the statutes, as affected by 1995 Wisconsin Act 289 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.57 (3m) (d) A county department shall review a placement of a child for which the county department makes payments under par. (am) not less than every 12 months after the county department begins making those payments to determine whether the conditions specified in par. (am) continue to exist. If those conditions do not continue to exist, the county department shall discontinue making those payments.

3,96 Section 96 . 48.57 (3m) (e) of the statutes is amended to read:

48.57 (3m) (e) The department of health and family services, in consultation with the department of industry, labor and job workforce development, shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.

3,97 Section 97 . 48.57 (3m) (e) of the statutes, as affected by 1995 Wisconsin Act 289 and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

48.57 (3m) (e) The department shall determine whether the child is eligible for medical assistance under ss. 49.43 to 49.47.

3,98 Section 98 . 48.57 (3p) (fm) 1. of the statutes is amended to read:

48.57 (3p) (fm) 1. The county department may provisionally approve the making of payments under sub. (3m) based on the applicant's statement under sub. (3m) (am) 4m. The county department may not finally approve the making of payments under sub. (3m) unless that county department receives information from the department of justice indicating that the conviction record of the applicant under the law of this state is satisfactory according to the criteria specified in par. (g) 1. to 3. The department of industry, labor and job workforce development may make payments under sub. (3m) conditioned on the receipt of information from the federal bureau of investigation indicating that the person's conviction record under the law of any other state or under federal law is satisfactory according to the criteria specified in par. (g) 1. to 3.

3,99 Section 99 . 49.001 (9) of the statutes is amended to read:

49.001 (9) “Wisconsin works agency" means a person under contract under s. 49.143 to administer Wisconsin works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, “Wisconsin works agency" means the department of industry, labor and job workforce development.

3,100 Section 100 . 49.11 (1) of the statutes is amended to read:

49.11 (1) “Department" means the department of industry, labor and job workforce development.

3,101 Section 101 . 49.11 (2) of the statute is amended to read:

49.11 (2) “Secretary" means the secretary of industry, labor and job workforce development.

3,102 Section 102 . 49.153 (3) (a) 1. of the statutes is amended to read:

49.153 (3) (a) 1. A Wisconsin works agency shall determine eligibility for benefits and services under this section, in accordance with rules promulgated by the department of health and family services in consultation with the department of industry, labor and job workforce development. The Wisconsin works agency shall make the eligibility determination after the date on which the agency receives a completed application from the individual for services and benefits under this section and shall immediately notify the department of health and family services of that determination. An individual who applies for and receives benefits and services under this section is considered to have assigned to the state any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for benefits and services under this section and any rights to support accruing during the time for which benefits and services under this section are provided. Eligibility for benefits and services under this section begins on the day on which the department of health and family services or the provider issues a health plan membership card. The department of health and family services or the provider shall issue the health plan membership card to an individual after the date on which the Wisconsin works agency notifies the department of health and family services that the individual is eligible.

3,103 Section 103 . 49.153 (3) (f) 2. of the statutes is amended to read:

49.153 (3) (f) 2. The individual fails to pay the established premium in a timely manner, as defined by the department of industry, labor and job workforce development by rule.

3,104 Section 104 . 49.153 (4) (d) 4. of the statutes is amended to read:

49.153 (4) (d) 4. The Wisconsin works agency shall remit to the department of industry, labor and job workforce development in the manner prescribed by the department of industry, labor and job workforce development all premium payments that the Wisconsin works agency receives under this paragraph.

3,105 Section 105 . 49.193 (1) (c) of the statutes is amended to read:

49.193 (1) (c) The department shall coordinate the program under this section with the programs of the department of administration, the department of industry, labor and job workforce development, the department of commerce, the department of education public instruction and the technical college system board and with programs operated under the job training partnership act, 29 USC 1501 to 1791j.

3,106 Section 106 . 49.26 (1) (d) of the statutes is amended to read:

49.26 (1) (d) A county department that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department shall submit the plan to the department of industry, labor and job workforce development and the department of education public instruction by August 15, annually.

3,107 Section 107 . 49.45 (6m) (br) 1. of the statutes is amended to read:

49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (1) (bt) or (bu) or (7) (b) or 20.445 (3) (de), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriations under s. 20.410 (3) (cd) or 20.435 (1) (bt) or (bu) or (7) (b), or the department shall direct the department of industry, labor and job workforce development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation under s. 20.445 (3) (de) or (dz), in accordance with s. 16.544 to the extent applicable.

3,108 Section 108 . 49.45 (40) of the statutes is amended to read:

49.45 (40) Periodic record matches. The department shall cooperate with the department of industry, labor and job workforce development in matching records of medical assistance recipients under s. 49.32 (7).

3,109 Section 109 . 49.81 (intro.) of the statutes is amended to read:

49.81 Public assistance recipients' bill of rights. (intro.) The department of health and family services, the department of industry, labor and job workforce development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

3,110 Section 110 . 49.82 (1) of the statutes is amended to read:

49.82 (1) Departments to advise counties. The department of health and family services and the department of industry, labor and job workforce development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and family services and the department of industry, labor and job workforce development shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing public assistance under this chapter.

3,111 Section 111 . 49.85 (1) of the statutes is amended to read:

49.85 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23, a governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency determines that the department of health and family services may recover an amount under s. 49.497 or that the department of industry, labor and job workforce development may recover an amount under s. 49.125, 49.161 or 49.195 (3), the county department or governing body shall notify the affected department of the determination.

3,112 Section 112 . 49.85 (2) (b) of the statutes is amended to read:

49.85 (2) (b) At least annually, the department of industry, labor and job 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 industry, labor and job workforce development, the department of industry, labor and job workforce development has determined that it may recover under ss. 49.125, 49.161 and 49.195 (3), except that the department of industry, labor and job workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless it's determination has either not been appealed or is no longer under appeal.

3,113 Section 113 . 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 industry, labor and job workforce development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:

3,114 Section 114. 49.85 (3) (b) 1. of the statutes is amended to read:

49.85 (3) (b) 1. Inform the person that the department of industry, labor and job workforce development intends to certify to the department of revenue an amount that the department of industry, labor and job workforce development has determined to be due under s. 49.125, 49.161 or 49.195 (3), for setoff from any state tax refund that may be due the person.

3,115 Section 115 . 49.85 (3) (b) 2. of the statutes is amended to read:

49.85 (3) (b) 2. Inform the person that he or she may appeal the determination of the department of industry, labor and job workforce development 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.

3,116 Section 116 . 49.85 (3) (b) 3. of the statutes is amended to read:

49.85 (3) (b) 3. Inform the person that, if the determination of the department of industry, labor and job workforce development is appealed, that department will not certify the amount to the department of revenue while the determination of the department of industry, labor and job workforce development is under appeal.

3,117 Section 117 . 49.85 (3) (b) 4. of the statutes is amended to read:

49.85 (3) (b) 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and job workforce development, 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.

3,118 Section 118 . 49.85 (3) (b) 5. of the statutes is amended to read:

49.85 (3) (b) 5. Request that the person inform the department of industry, labor and job workforce development if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

3,119 Section 119 . 49.85 (4) (b) of the statutes is amended to read:

49.85 (4) (b) If a person has requested a hearing under this subsection, the department of industry, labor and job workforce development shall hold a contested case hearing under s. 227.44, except that the department of industry, labor and job workforce development 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.

3,120 Section 120 . 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 industry, labor and job workforce development from attempting to recover the amount through other legal means. The department of health and family services or the department of industry, labor and job workforce development shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.

3,121 Section 121 . 49.855 (1) of the statutes is 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 or county support collection designee under s. 59.07 (97m) 59.53 (5m), whichever is appropriate, upon application of the county designee under s. 59.53 (5) or the department of industry, labor and job workforce development, shall certify the delinquent payment or outstanding amount to the department of industry, labor and job workforce development.

3,122 Section 122 . 49.855 (2) of the statutes is amended to read:

49.855 (2) At least annually, the department of industry, labor and job workforce development 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.

3,123 Section 123 . 49.855 (4) of the statutes is amended to read:

49.855 (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 industry, labor and job workforce development for distribution to the appropriate clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m). The department of industry, labor and job workforce development shall make a settlement at least annually with the department of revenue and with each clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) 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 or county support collection designee under s. 59.07 (97m) 59.53 (5m) and the administrative costs incurred by the department of revenue. The department of industry, labor and job workforce development may charge the county whose clerk of circuit court or [county] support collection designee under s. 59.07 (97m) 59.53 (5m) certified the obligation or outstanding amount the related administrative costs incurred by the department of industry, labor and job workforce development and the department of revenue.

3,124 Section 124 . 49.855 (4m) (c) of the statutes is amended to read:

49.855 (4m) (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 industry, labor and job workforce development for distribution to the appropriate clerk of court, county support collection designee under s. 59.07 (97m) 59.53 (5m) or department of health and family services, whichever is appropriate.

3,125 Section 125 . 49.855 (5) of the statutes is amended to read:

49.855 (5) Certification of an obligation to the department of industry, labor and job workforce development does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court or county support collection designee under s. 59.07 (97m) 59.53 (5m), whichever is appropriate, shall immediately notify the department of industry, labor and job workforce development of any collection of an obligation that has been certified by the clerk of court or county support collection designee under s. 59.07 (97m) 59.53 (5m). The department of industry, labor and job workforce development shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.

3,126 Section 126 . 49.855 (7) of the statutes is amended to read:

49.855 (7) The department of industry, labor and job workforce development 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), 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), 281.65 (8) (L) or 949.08 (2) (g).

3,127 Section 127 . 49.86 of the statutes is amended to read:

49.86 Disbursement of funds and facsimile signatures. Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of industry, labor and job workforce development or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary of industry, labor and job workforce development or by one or more persons in the department of industry, labor and job workforce development designated by written authorization of the secretary of industry, labor and job workforce development. Such checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of industry, labor and job workforce development or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of industry, labor and job workforce development or his or her designees.

3,128 Section 128 . 49.89 (2) of the statutes is amended to read:

49.89 (2) Subrogation. The department of health and family services, the department of industry, labor and job workforce development, a county or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary or estate against the 3rd party.

3,129 Section 129 . 49.89 (6) of the statutes is amended to read:

49.89 (6) Departments' duties and powers. The department of health and family services and the department of industry, labor and job workforce development shall enforce their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.

3,130 Section 130 . 49.89 (7) (d) 2. of the statutes is amended to read:

49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of industry, labor and job workforce development within 30 days after the end of the month in which the recovery is made in a manner specified by the department of industry, labor and job workforce development.

3,131 Section 131 . 49.90 (2) of the statutes is amended to read:

49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22 or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and family services or the department of industry, labor and job workforce development, whichever is appropriate.

3,132 Section 132 . 49.90 (2g) of the statutes is amended to read:

49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency or the department of industry, labor and job workforce development may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

3,133 Section 133 . 59.40 (2) (p) of the statutes is amended to read:

59.40 (2) (p) Cooperate with the department of industry, labor and job workforce development with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 49.22 and 59.53 (5), and provide that department with any information from court records which it requires to administer that program.

3,134 Section 134 . 59.53 (5) of the statutes is amended to read:

59.53 (5) Child and spousal support; paternity program; medical support liability program. The board shall contract with the department of industry, labor and job workforce development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the department of industry, labor and job workforce development. The attorneys responsible for support enforcement under sub. (6) (a), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department of industry, labor and job workforce development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of industry, labor and job workforce development under s. 49.22 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

3,135 Section 135 . 59.69 (4e) of the statutes is amended to read:

59.69 (4e) Migrant labor camps. The board may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule that is promulgated by the department of industry, labor and job workforce development under ss. 103.90 to 103.97. An ordinance or resolution of the county that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.

3,136 Section 136 . 60.61 (3m) of the statutes is amended to read:

60.61 (3m) Migrant labor camps. The town board may not enact an ordinance or adopt a resolution that interferes with any repair or expansion of migrant labor camps, as defined in s. 103.90 (3), that are in existence on May 12, 1992, if the repair or expansion is required by an administrative rule promulgated by the department of industry, labor and job workforce development under ss. 103.90 to 103.97. An ordinance or resolution of the town that is in effect on May 12, 1992, and that interferes with any repair or expansion of existing migrant labor camps that is required by such an administrative rule is void.