Amendment ASA2-AB651

AB651-ASA2,30,18 49.22 (2m) (d) Any person who fails to respond to or comply with a subpoena described in par. (bc) or a request under par. (a) by the department or a county child support agency under s. 59.53 (5) may be required to pay a forfeiture in an amount determined by the department by rule.

AB651-ASA2, s. 60 Section 60. 49.22 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651-ASA2,31,4 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or; benefits under s. 49.124, 49.148 or 49.155 and to individuals not receiving; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB651-ASA2, s. 61 Section 61. 49.22 (7g) of the statutes is created to read:

AB651-ASA2,31,6 49.22 (7g) The department shall provide all of the following:

AB651-ASA2,31,9 (a) Training to hospital staff members concerning the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and concerning the significance and benefits of, and alternatives to, of establishing paternity.

AB651-ASA2,31,11 (b) The written information that is required to be provided to parents under s. 69.14 (1) (cm).

AB651-ASA2, s. 62 Section 62. 49.22 (11) of the statutes is renumbered 49.22 (11) (a) and amended to read:

AB651-ASA2,31,20 49.22 (11) (a) The department may, upon request, shall disclose to a consumer reporting agency, as defined under 45 CFR 303.105 (a), the amount of overdue child support owed by a parent. The At least 20 business days before disclosing the information to the consumer reporting agency, the department shall notify the parent prior to disclosing the information to the consumer reporting agency and inform the parent of the methods available for contesting the accuracy of the information.

AB651-ASA2, s. 63 Section 63. 49.22 (11) (b) of the statutes is created to read:

AB651-ASA2,31,25 49.22 (11) (b) The department shall notify a consumer reporting agency within 30 days if any amounts reported to the consumer reporting agency under par. (a) were erroneous. Within 30 days of notification under this paragraph, the consumer reporting agency shall correct the erroneous amount in its records.

AB651-ASA2, s. 64 Section 64. 49.22 (11) (c) of the statutes is created to read:

AB651-ASA2,32,5 49.22 (11) (c) The department shall notify a consumer reporting agency within 30 days if any amounts reported to the consumer reporting agency under par. (a) are paid in full. Within 30 days of notification under this paragraph, the consumer reporting agency shall indicate the payment in full in its records.

AB651-ASA2, s. 65 Section 65. 49.225 of the statutes is created to read:

AB651-ASA2,32,8 49.225 Ordering genetic tests. (1) In this section, "genetic test" has the meaning given in s. 767.001 (1m).

AB651-ASA2,32,16 (2) (a) A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the child's mother and a male alleged, or alleging himself, to be the child's father to submit to genetic tests if there is probable cause to believe that the male had sexual intercourse with the child's mother during a possible time of the child's conception. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient affidavit of the child's mother or the male alleged, or alleging himself, to be the child's father.

AB651-ASA2,32,20 (b) If there is only one male alleged, or alleging himself, to be the father and one or more persons required to submit to genetic tests under par. (a) fail to appear for the scheduled tests, the county child support agency under s. 59.53 (5) may bring an action under s. 767.45 for determining the paternity of the child.

AB651-ASA2,32,22 (3) The fees and costs for genetic tests performed on any person required to submit to the tests under sub.(2) (a) shall be paid for by the county except as follows:

AB651-ASA2,33,2 (a) The county may seek reimbursement from either the mother or male alleged, or alleging himself, to be the father, or from both, if the test results show that the male is not excluded as the father and that the statistical probability of the male's parentage is 99.0% or higher.

AB651-ASA2,33,7 (b) If 2 or more identical series of genetic tests are performed upon the same person, the county child support agency under s. 59.53 (5) shall require the person requesting the 2nd or subsequent series of tests to pay for the tests in advance. If the person requesting the 2nd or subsequent series of tests is indigent, the county shall pay for the tests and may seek reimbursement from the person.

AB651-ASA2, s. 66 Section 66. 49.25 (3) (a) 8. of the statutes is amended to read:

AB651-ASA2,33,12 49.25 (3) (a) 8. A man who has been adjudicated or who, under s. 767.62 (1) or a substantially similar law of another state, has acknowledged himself to be the father of a child of a woman subject to the program under this section under subd. 1., 2. or 3., if the man is living with the woman.

AB651-ASA2, s. 67 Section 67. 49.45 (2) (a) 11. of the statutes is amended to read:

AB651-ASA2,33,16 49.45 (2) (a) 11. Establish criteria for the certification of eligible providers of services under Title XIX of the social security act and, except as provided in s. 49.48, certify such eligible providers.

AB651-ASA2, s. 68 Section 68. 49.45 (2) (a) 12. of the statutes is amended to read:

AB651-ASA2,33,24 49.45 (2) (a) 12. Decertify or suspend under this subdivision a provider from the medical assistance program, if after giving reasonable notice and opportunity for hearing, the department finds that the provider has violated federal or state law or administrative rule and such violations are by law, regulation or rule grounds for decertification or suspension. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

AB651-ASA2, s. 69 Section 69. 49.45 (19) (a) 1. of the statutes is amended to read:

AB651-ASA2,34,8 49.45 (19) (a) 1. Fully cooperate in good faith with efforts directed at establishing the paternity of a nonmarital child and obtaining support payments or any other payments or property to which the person and the dependent child or children may have rights. This cooperation shall be in accordance with federal law and regulations applying to paternity establishment and collection of support payments and may not be required if the person has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB651-ASA2, s. 70 Section 70. 49.48 of the statutes is created to read:

AB651-ASA2,34,14 49.48 Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.

AB651-ASA2,34,18 (2) The department of health and family services may not disclose any information received under sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under s. 49.857.

AB651-ASA2,35,4 (3) The department of health and family services shall deny an application for the issuance or renewal of a certification specified in sub. (1), shall suspend a certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of workforce development certifies under s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

AB651-ASA2, s. 71 Section 71. 49.852 of the statutes is created to read:

AB651-ASA2,35,15 49.852 Delinquent support payments; pension plans. (1) The department of workforce development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of workforce development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under sub. (2) and unless the amount specified has either not been appealed or is no longer under appeal under s. 49.854.

AB651-ASA2,35,19 (2) The department of workforce development shall send a notice to the last-known address of the person from whom the department intends to recover the amount specified in the statewide support lien docket under s. 49.854 (2) (b). The notice shall do all of the following:

AB651-ASA2,35,25 (a) Inform the person that the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, shall withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid the person.

AB651-ASA2,36,5 (b) Inform the person that he or she may, within 20 business days after the date of the notice, request a court hearing on the issue of whether the person owes the amount specified in the statewide support lien docket under s. 49.854 (2) (b). The request shall be in writing and the person shall mail or deliver a copy of the request to the county child support agency under s. 59.53 (5).

AB651-ASA2,36,8 (c) Request that the person inform the department of workforce development or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay is in effect with respect to the person.

AB651-ASA2,36,25 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. The court shall schedule a hearing within 10 business days after receiving a request for a hearing. The family court commissioner may conduct the hearing. If the court determines that the person owes the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may not direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.

AB651-ASA2,37,7 (4) (a) If the department of workforce development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the amount specified in the statewide support lien docket, on any lump sum payment from a pension plan that may be paid the person.

AB651-ASA2,37,23 (b) If the department of workforce development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct from any lump sum payment that may be paid the person the amount specified in the statewide support lien docket, less any amount specified under par. (d). If the amount specified in the statewide support lien docket under s. 49.854 (2) (b), less any amount specified under par. (d), exceeds the lump sum payment, the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct the entire lump sum payment, less any withholdings otherwise required by law. The amount deducted under this paragraph shall be remitted to the department of workforce development.

AB651-ASA2,38,4 (c) A directive to the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b) under this section does not prohibit the department of workforce development from attempting to recover the amount through other legal means.

AB651-ASA2,38,9 (d) The department of workforce development shall promptly notify the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan upon recovery of any amount previously specified in the statewide support lien docket under s. 49.854 (2) (b).

AB651-ASA2, s. 72 Section 72. 49.853 of the statutes is created to read:

AB651-ASA2,38,12 49.853 Financial record matching program. (1) Definitions. In this section:

AB651-ASA2,38,15 (a) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.

AB651-ASA2,38,17 (am) "County child support agency" means the county child support agency under s. 59.53 (5).

AB651-ASA2,38,18 (b) "Department" means the department of workforce development.

AB651-ASA2,38,19 (c) "Financial institution" means any of the following:

AB651-ASA2,38,20 1. A depository institution, as defined in 12 USC 1813 (c).

AB651-ASA2,38,22 2. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository institution under subd. 1.

AB651-ASA2,38,23 3. A federal credit union or state credit union, as defined in 12 USC 1752.

AB651-ASA2,38,25 4. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit union under subd. 3.

AB651-ASA2,39,2 5. A benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in this state.

AB651-ASA2,39,3 6. A broker-dealer, as defined in s. 551.02 (3).

AB651-ASA2,39,4 (d) "Obligor" has the meaning given in s. 49.854 (1) (d).

AB651-ASA2,39,6 (dm) "Ownership interest" has the meaning specified by the department by rule.

AB651-ASA2,39,7 (e) "Support" has the meaning given in s. 49.854 (1) (f).

AB651-ASA2,39,18 (2) Financial record matching program and agreements. The department shall operate a financial record matching program under this section. The department shall promulgate rules specifying procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section. The agreement shall require the financial institution to participate in the financial record matching program under this section by electing either the financial institution matching option under sub. (3) or the state matching option under sub. (4). The rules promulgated under this section shall provide for reimbursement of financial institutions in an amount not to exceed their actual costs of participation in the financial record matching program under this section.

AB651-ASA2,40,2 (3) Financial institution matching option. (a) If a financial institution with which the department has an agreement under sub. (2) elects to use the financial institution matching option under this subsection, the department shall provide a financial institution with information regarding delinquent obligors. The information shall be provided at least once each calendar quarter and shall include the obligor's name and social security number. The information shall be provided to the financial institution in the manner specified by rule or by agreement. To the extent feasible, the information required under this paragraph shall be provided to the financial institution by an automated data exchange.

AB651-ASA2,40,15 (b) Each financial institution receiving information under par. (a) shall take actions necessary to determine whether any obligor has an ownership interest in an account maintained at the financial institution. If the financial institution determines that an obligor has an ownership interest in an account at the financial institution, the financial institution shall provide the department with a notice containing the obligor's name, address of record, social security number or other taxpayer identification number, and account information. The information regarding the obligor's account shall include the account number, the account type, the nature of the obligor's ownership interest in the account, and the balance of the account at the time that the record match is made. The notice under this paragraph shall be provided in the manner specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.

AB651-ASA2,40,24 (c) The financial institution participating in the financial institution matching option under this subsection, and the employes, agents, officers and directors of the financial institution, may use the information provided by the department under par. (a) only for the purpose of matching records under par. (b). Neither the financial institution nor any employe, agent, officer or director of the financial institution may disclose or retain information provided under par. (a) concerning obligors who do not have an interest in an account maintained at the financial institution. Any person who violates this paragraph may be fined not less than $25 nor more than $500 or imprisoned in the county jail for not less than 10 days nor more than one year or both.

AB651-ASA2,41,12 (4) State matching option. (a) If a financial institution with which the department has an agreement under sub. (2) elects to use the state matching option under this subsection, the financial institution shall provide the department with information concerning all accounts maintained at the financial institution at least once each calendar quarter. For each account maintained at the financial institution, the financial institution shall notify the department of the name and social security number or other tax identification number of each person having an ownership interest in the account, together with a description of each person's interest. The information required under this paragraph shall be provided in the manner specified by rule or agreement. To the extent feasible, the notice required under this paragraph shall be provided to the department by an automated data exchange.

AB651-ASA2,41,19 (b) The department shall take actions necessary to determine whether any obligor has an ownership interest in an account maintained at a financial institution providing information under par. (a). Upon the request of the department, the financial institution shall provide the department, for each obligor who matches information provided by the financial institution under par. (a), the obligor's address of record, the obligor's account number and account type and the balance of the account.

AB651-ASA2,41,23 (c) The department may use the information provided by a financial institution under pars. (a) and (b) only for the purpose of matching records under par. (b). The department may not disclose or retain information received under pars. (a) and (b) concerning account holders who are not delinquent obligors.

AB651-ASA2,42,6 (d) A financial institution participating in the state matching option under this subsection, and the employes, agents, officers and directors of the financial institution, may use any information that is provided by the department in requesting additional information under par. (b) only for the purpose of administering s. 49.22 or for the purpose of providing the additional information. Any person who violates this paragraph may be fined not less than $25 nor more than $500 or imprisoned in the county jail for not less than 10 days nor more than one year or both.

AB651-ASA2,42,11 (5) Delegation. The department may delegate any powers and duties given to the department under this section to county child support agencies. The department may require financial institutions to provide county child support agencies with any notices that are required under this section to be provided to the department.

AB651-ASA2, s. 73 Section 73. 49.854 of the statutes is created to read:

AB651-ASA2,42,14 49.854 Liens against property for delinquent support payments. (1) Definitions. In this section:

AB651-ASA2,42,15 (a) "Department" means the department of workforce development.

AB651-ASA2,42,17 (b) "County child support agency" means the county child support agency under s. 59.53 (5).

AB651-ASA2,42,18 (c) "Levy" means all powers of distraint and seizure.

AB651-ASA2,42,19 (d) "Obligor" means a person who is obligated to pay court-ordered support.

AB651-ASA2,42,22 (e) "Property" includes accounts at financial institutions, personal property and real property, tangible and intangible property and rights to property, but is limited to property and rights of the obligor to property existing at the time of levy.

AB651-ASA2,42,23 (f) "Support" means any of the following:

AB651-ASA2,42,24 1. Child or family support.

AB651-ASA2,42,25 2. Maintenance.

AB651-ASA2,43,1 3. Medical expenses of a child.

AB651-ASA2,43,2 4. Birth expenses.

AB651-ASA2,43,3 5. Any accrued interest on delinquent amounts under subds. 1. to 4.

AB651-ASA2,43,11 (2) Creation of lien; satisfaction. (a) Creation. If a person obligated to pay support fails to pay any court-ordered amount of support, that amount becomes a lien in favor of the department upon all property of the person. The lien becomes effective when the information is entered in the statewide support lien docket under par. (b) and that docket is delivered to the register of deeds in the county where the property is located. A lien created under this paragraph is not effective against a good-faith purchaser of titled personal property, unless the lien is recorded on that title.

AB651-ASA2,43,18 (b) Statewide support lien docket. The department shall maintain a statewide support lien docket. The department shall provide a copy of the statewide support lien docket to the register of deeds and the county child support agency of each county in this state, and to each state agency that titles personal property. Each entry in the statewide support lien docket shall contain the name and the social security number of the obligor and the date that the lien is entered in the docket, as well as the amount of the lien as of the time that the entry is made.

AB651-ASA2,43,23 (c) Updating the statewide support lien docket. The department shall update the statewide support lien docket in response to orders issued by a court or family court commissioner. The department shall periodically update the statewide support lien docket to reflect changes in the amounts of the liens contained in the docket.

AB651-ASA2,44,8 (d) Amount of lien; satisfaction. The amount of any support obligation that is a lien under this subsection may be determined by requesting that information from the county child support agency or the register of deeds, as specified by the department. Payment of the full amount that is delinquent at the time of payment to that county child support agency extinguishes that lien. Upon request, the county child support agency shall furnish to the payer of the delinquent amount a satisfaction of lien showing that the amount of support owed has been paid in full and that the person no longer owes the delinquent amount. The satisfaction of lien may be recorded in the office of the register of deeds for any county in which real or personal property of the person who owed the support is located.

AB651-ASA2,44,21 (3) Notification and appeal of lien. (a) Notice. When a delinquent support obligation is included in the statewide support lien docket, the department shall provide notice to the obligor that a lien exists with respect to the delinquent support obligation. The notice shall include the amount of the delinquent child support obligation and shall inform the obligor that the lien is in effect. The notice shall inform the obligor of the obligor's right to request a financial records and court order review under par. (ag) and the obligor's right to request a court hearing under par. (ar). The notice under this paragraph shall also inform the obligor that the department will not take actions to enforce the lien if the obligor pays the delinquent amount in full or makes satisfactory alternative payment arrangements with the department or a county child support agency. The notice shall inform the individual of how he or she may pay the delinquent amount or make satisfactory alternative payment arrangements.

AB651-ASA2,45,10 (ag) Financial records and court order review. 1. Within 10 business days of the date of the notice under par. (a), the obligor may file a written request for a financial records and court order review with the county child support agency. If the obligor makes a timely request for a financial records and court order review under this paragraph, the department shall hold the review as soon as practicable, but in no event to exceed 60 days after the date of the request. The department shall conduct the financial records and court order review at no charge to the obligor. As soon as practicable after conducting the financial records and court order review, the department shall make a determination regarding whether the amount of the delinquency contained in the notice is correct and shall provide a copy of the determination to the obligor. If the department determines that the amount of the delinquency is incorrect, the department shall take appropriate actions to correct the inaccuracy. The notice of the determination shall include information regarding the obligor's right to request a review of the determination under subd. 2.

AB651-ASA2,45,22 2. If the obligor disagrees with the determination of the department, the obligor may request a hearing with the court or a family court commissioner to review the department's determination. To request a hearing under this subdivision, the obligor shall make the request within 5 business days of the date of the department's determination under subd. 1. The obligor shall make the request in writing and shall mail or deliver a copy of the request to the county child support agency. If a timely request for a hearing is made under this subdivision, the court or family court commissioner shall hold the hearing within 15 business days of the request. If, at the hearing, the obligor establishes that the lien is not proper because of a mistake of fact, the court or family court commissioner shall order the department to remove the lien from the statewide support lien docket or adjust the amount of the delinquent obligation.

AB651-ASA2,46,7 (ar) Direct appeal. If the obligor has not requested a financial records and court order review under par. (ag), the obligor may request a hearing under this paragraph within 20 business days of the date of the notice under par. (a). The obligor shall make the request in writing and shall mail or deliver a copy of the request to the county child support agency. If a timely request for a hearing is made under this paragraph, the court or family court commissioner shall schedule a hearing within 10 days after the date of the request. If, at the hearing, the obligor establishes that the lien is not proper because of a mistake of fact, the court or family court commissioner shall order the department to remove the lien from the statewide support lien docket or adjust the amount of the delinquent obligation.

AB651-ASA2,46,15 (b) Appeal. If a family court commissioner conducts a hearing under par. (ag) or (ar), the department or the obligor may, within 15 business days after the date of the decision by the family court commissioner, request review of the decision by the court having jurisdiction over the action. The court conducting the review may order that the lien be withdrawn from the statewide support lien dockets or may order an adjustment of the amount of the delinquent obligation. If no appeal is sought or if the court does not order the withdrawal of the lien, the department may take appropriate actions to enforce the lien.