Amendment CSA1-SB40

SB40-CSA1,787,12 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, 49.793, or 49.847, or that the department of workforce development children and families may recover an amount under s. 49.161 or 49.195 (3) 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 children and families 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 children and families of the determination.

SB40-CSA1, s. 1686 Section 1686. 49.85 (2) (b) of the statutes is amended to read:

SB40-CSA1,787,23 49.85 (2) (b) At least annually, the department of workforce development children and families 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 children and families, the department of workforce development children and families has determined that it may recover under ss. 49.161 and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the department of workforce development children and families 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.

SB40-CSA1, s. 1687 Section 1687. 49.85 (3) (b) (intro.) of the statutes is amended to read:

SB40-CSA1,788,4 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development children and families 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:

SB40-CSA1, s. 1688 Section 1688. 49.85 (3) (b) 1. of the statutes is amended to read:

SB40-CSA1,788,11 49.85 (3) (b) 1. Inform the person that the department of workforce development children and families intends to certify to the department of revenue an amount that the department of workforce development children and families has determined to be due under s. 49.161 or 49.195 (3) 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.

SB40-CSA1, s. 1689 Section 1689. 49.85 (3) (b) 2. of the statutes is amended to read:

SB40-CSA1,788,16 49.85 (3) (b) 2. Inform the person that he or she may appeal the determination of the department of workforce development children and families 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.

SB40-CSA1, s. 1690 Section 1690. 49.85 (3) (b) 3. of the statutes is amended to read:

SB40-CSA1,788,21 49.85 (3) (b) 3. Inform the person that, if the determination of the department of workforce development children and families is appealed, that department will not certify the amount to the department of revenue while the determination of the department of workforce development children and families is under appeal.

SB40-CSA1, s. 1691 Section 1691. 49.85 (3) (b) 4. of the statutes is amended to read:

SB40-CSA1,789,3 49.85 (3) (b) 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of workforce development children and families, 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.

SB40-CSA1, s. 1692 Section 1692. 49.85 (3) (b) 5. of the statutes is amended to read:

SB40-CSA1,789,7 49.85 (3) (b) 5. Request that the person inform the department of workforce development children and families if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

SB40-CSA1, s. 1693 Section 1693. 49.85 (4) (b) of the statutes is amended to read:

SB40-CSA1,789,14 49.85 (4) (b) If a person has requested a hearing under this subsection, the department of workforce development children and families shall hold a contested case hearing under s. 227.44, except that the department of workforce development children and families 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.

SB40-CSA1, s. 1694 Section 1694. 49.85 (5) of the statutes is amended to read:

SB40-CSA1,789,25 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 children and families 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 children and families shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.

SB40-CSA1, s. 1695 Section 1695. 49.852 (1) of the statutes is renumbered 49.852 (1m) and amended to read:

SB40-CSA1,790,12 49.852 (1m) The department of workforce development may direct the department of employee 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.

SB40-CSA1, s. 1696 Section 1696. 49.852 (1c) of the statutes is created to read:

SB40-CSA1,790,15 49.852 (1c) In this section, "department" means the department of children and families.

SB40-CSA1, s. 1697 Section 1697. 49.852 (2) (intro.) of the statutes is amended to read:

SB40-CSA1,790,20 49.852 (2) (intro.) 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:

SB40-CSA1, s. 1698 Section 1698. 49.852 (2) (c) of the statutes is amended to read:

SB40-CSA1,790,24 49.852 (2) (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.

SB40-CSA1, s. 1699 Section 1699. 49.852 (3) of the statutes is amended to read:

SB40-CSA1,791,17 49.852 (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. A circuit 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 employee 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 employee 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.

SB40-CSA1, s. 1700 Section 1700. 49.852 (4) (a) of the statutes is amended to read:

SB40-CSA1,791,25 49.852 (4) (a) If the department of workforce development directs the department of employee 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.

SB40-CSA1, s. 1701 Section 1701. 49.852 (4) (b) of the statutes is amended to read:

SB40-CSA1,792,17 49.852 (4) (b) If the department of workforce development directs the department of employee 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 employee 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 employee 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.

SB40-CSA1, s. 1702 Section 1702. 49.852 (4) (c) of the statutes is amended to read:

SB40-CSA1,792,24 49.852 (4) (c) A directive to the department of employee 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.

SB40-CSA1, s. 1703 Section 1703. 49.852 (4) (d) of the statutes is amended to read:

SB40-CSA1,793,5 49.852 (4) (d) The department of workforce development shall promptly notify the department of employee 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).

SB40-CSA1, s. 1704 Section 1704. 49.853 (1) (b) of the statutes is amended to read:

SB40-CSA1,793,8 49.853 (1) (b) "Department" means the department of workforce development children and families.

SB40-CSA1, s. 1705 Section 1705. 49.854 (1) (a) of the statutes is amended to read:

SB40-CSA1,793,11 49.854 (1) (a) "Department" means the department of workforce development children and families.

SB40-CSA1, s. 1706 Section 1706. 49.854 (5) (a) 3. of the statutes is created to read:

SB40-CSA1,793,15 49.854 (5) (a) 3. "Lien" means a lien under this section or a lien in favor of another state based on a support obligation, including a lien placed under s. 769.305 (2) (g).

SB40-CSA1, s. 1707 Section 1707. 49.854 (5) (b) of the statutes is amended to read:

SB40-CSA1,794,2 49.854 (5) (b) Notice to the financial institution. To enforce a lien under this section by levying against an account at a financial institution, the department shall send a notice of levy to the financial institution instructing the financial institution to prohibit the closing of or withdrawals from one or more accounts that the obligor owns in whole or in part, up to a total amount that is sufficient to pay the support owed, financial institution fees under par. (e), and estimated levy fees and costs under sub. (11), until further notice from the department or a court. The financial institution shall comply with the notice of levy and shall hold the amount specified in the notice until the financial institution receives further instructions from the department or a court.

SB40-CSA1, s. 1708 Section 1708. 49.854 (5) (c) of the statutes is created to read:

SB40-CSA1,794,12 49.854 (5) (c) Liens in favor of other states. Notwithstanding par. (b), if a lien under par. (b) is in favor of another state, the notice sent by the department to the financial institution may consist of the request from the other state to enforce the lien, a certification by the department that any necessary due process requirements were met in the other state, a request that the financial institution honor the request from the other state by sending the amount specified in the request directly to the other state, and the address to which the financial institution shall send the funds. Notice and hearing requirements under pars. (d) and (f) do not apply to a lien in favor of another state.

SB40-CSA1, s. 1709 Section 1709. 49.854 (5) (e) of the statutes is amended to read:

SB40-CSA1,794,22 49.854 (5) (e) Financial institution fees. A financial institution may continue to collect fees, under the terms of the account agreement, on accounts frozen under this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial institution may collect any early withdrawal penalty incurred under the terms of an account as a result of the levy. Financial institution fees authorized under this paragraph may be charged to the account immediately prior to the remittance of the amount to the department or the other state and may be charged even if the amounts in the obligor's accounts are insufficient to pay the total amount of support owed and the department's levy costs under sub. (11) (b).

SB40-CSA1, s. 1710 Section 1710. 49.854 (11) (b) of the statutes is amended to read:

SB40-CSA1,795,4 49.854 (11) (b) The department. The department may assess a collection fee to recover the department's costs incurred in levying against property under this section. The department shall determine its costs to be paid in all cases of levy. The obligor is liable to the department for the amount of the collection fee authorized under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.445 (3) 20.437 (2) (ja).

SB40-CSA1, s. 1711 Section 1711. 49.855 (1) of the statutes is amended to read:

SB40-CSA1,795,14 49.855 (1) If a person obligated to pay child support, family support, maintenance, or the receiving and disbursing fee under s. 767.57 (1e) (a) is delinquent in making any of those payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses, or birth expenses, upon application under s. 59.53 (5) the department of workforce development children and families shall certify the delinquent payment or outstanding amount to the department of revenue and, at least annually, shall provide to the department of revenue any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

SB40-CSA1, s. 1712 Section 1712. 49.855 (2r) of the statutes is created to read:

SB40-CSA1,795,18 49.855 (2r) At least annually, the department of children and families shall certify to the department of revenue any obligation owed to that department under s. 49.345 if the obligation is rendered to a judgment.

SB40-CSA1, s. 1713 Section 1713. 49.855 (3) of the statutes is amended to read:

SB40-CSA1,796,19 49.855 (3) 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 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of workforce development children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

SB40-CSA1, s. 1714 Section 1714. 49.855 (4) (a) of the statutes is amended to read:

SB40-CSA1,797,7 49.855 (4) (a) The department of revenue shall send the portion of any state tax refunds or credits withheld for delinquent child or family support or maintenance or past support, medical expenses, or birth expenses to the department of workforce development children and families or its designee for deposit in the support collections trust fund under s. 25.68 and shall send the portion of any state tax refunds or credits withheld for delinquent receiving and disbursing fees to the department of workforce development children and families or its designee for deposit in the appropriation account under s. 20.445 (3) 20.437 (2) (ja). The department of workforce development children and families shall make a settlement at least annually with the department of revenue. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits, and the administrative costs incurred by the department of revenue.

SB40-CSA1, s. 1715 Section 1715. 49.855 (4) (b) of the statutes is amended to read:

SB40-CSA1,797,18 49.855 (4) (b) The department of administration shall send the portion of any federal tax refunds or credits received from the internal revenue service that was withheld for delinquent child or family support or maintenance or past support, medical expenses, or birth expenses to the department of workforce development children and families or its designee for deposit in the support collections trust fund under s. 25.68 and shall send the portion of any federal tax refunds or credits received from the internal revenue service that was withheld for delinquent receiving and disbursing fees to the department of workforce development children and families or its designee for deposit in the appropriation account under s. 20.445 (3) 20.437 (2) (ja).

SB40-CSA1, s. 1716 Section 1716. 49.855 (4m) (b) of the statutes is amended to read:

SB40-CSA1,798,24 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), or (2p), or (2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of workforce development children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

SB40-CSA1, s. 1717 Section 1717. 49.855 (4m) (c) of the statutes is amended to read:

SB40-CSA1,799,10 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 workforce development children and families or its designee, the department of health and family services, or the department of corrections, whichever is appropriate. The department of workforce development children and families or its designee shall deposit amounts withheld for delinquent child or family support, maintenance, or receiving and disbursing fees or past support, medical expenses, or birth expenses in the appropriation account under s. 20.445 (3) 20.437 (2) (kp).

SB40-CSA1, s. 1718 Section 1718. 49.855 (5) of the statutes is amended to read:

SB40-CSA1,799,16 49.855 (5) Certification of an obligation to the department of revenue does not deprive any party of the right to collect the obligation or to prosecute the obligor. The department of workforce development children and families or its designee shall immediately notify the department of revenue of any collection of an obligation that has been certified to the department of revenue.

SB40-CSA1, s. 1719 Section 1719. 49.856 (1) (b) of the statutes is amended to read:

SB40-CSA1,799,19 49.856 (1) (b) "Department" means the department of workforce development children and families.

SB40-CSA1, s. 1720 Section 1720. 49.857 (1) (cf) of the statutes is created to read:

SB40-CSA1,799,21 49.857 (1) (cf) "Department" means the department of children and families.

SB40-CSA1, s. 1721 Section 1721. 49.857 (1) (f) of the statutes is amended to read:

SB40-CSA1,799,25 49.857 (1) (f) "Subpoena or warrant" means a subpoena or warrant issued by the department of workforce development or a child support agency and relating to paternity or support proceedings.

SB40-CSA1, s. 1722 Section 1722. 49.857 (2) (a) of the statutes is amended to read:

SB40-CSA1,800,9 49.857 (2) (a) The department of workforce development shall establish a system, in accordance with federal law, under which a licensing authority is requested, and a licensing agency or credentialing board is required, to restrict, limit, suspend, withhold, deny, refuse to grant or issue, or refuse to renew or revalidate a license in a timely manner upon certification by and in cooperation with the department of workforce development, if the individual holding or applying for the license is delinquent in making court-ordered payments of support or fails to comply, after appropriate notice, with a subpoena or warrant.

SB40-CSA1, s. 1723 Section 1723. 49.857 (2) (b) (intro.) of the statutes is amended to read:

SB40-CSA1,800,15 49.857 (2) (b) (intro.) Under the system, the department of workforce development shall enter into a memorandum of understanding with a licensing authority, if the licensing authority agrees, and with a licensing agency. A memorandum of understanding under this paragraph shall address at least all of the following:

SB40-CSA1, s. 1724 Section 1724. 49.857 (2) (b) 2. (intro.) of the statutes is amended to read:

SB40-CSA1,800,18 49.857 (2) (b) 2. (intro.) Procedures that the department of workforce development shall use for doing all of the following:

SB40-CSA1, s. 1725 Section 1725. 49.857 (2) (b) 2. a. of the statutes is amended to read:

SB40-CSA1,801,2 49.857 (2) (b) 2. a. Certifying to the licensing authority or licensing agency a delinquency in support or a failure to comply with a subpoena or warrant. The memorandum of understanding with the department of regulation and licensing shall include procedures for the department of regulation and licensing to notify a credentialing board that a certification of delinquency in support or failure to comply with a subpoena or warrant has been made by the department of workforce development children and families with respect to an individual who holds or applied for a credential granted by the credentialing board.

SB40-CSA1, s. 1726 Section 1726. 49.857 (2) (b) 3. c. of the statutes is amended to read:

SB40-CSA1,801,18 49.857 (2) (b) 3. c. Issuing or reinstating a license if the department of workforce development children and families notifies the licensing authority or licensing agency that an individual who was delinquent in making court-ordered payments of support has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant. The memorandum of understanding with the department of regulation and licensing shall include procedures for the department of regulation and licensing to direct a credentialing board to grant or reinstate a credential if the department of workforce development children and families notifies the department of regulation and licensing that an individual who holds or applied for a credential granted by the credentialing board has paid the delinquent support or made satisfactory alternative payment arrangements or that an individual who failed to comply with a subpoena or warrant has satisfied the requirements under the subpoena or warrant.

SB40-CSA1, s. 1727 Section 1727. 49.857 (2) (b) 5. of the statutes is amended to read:

SB40-CSA1,801,23 49.857 (2) (b) 5. Procedures for safeguarding the confidentiality of information about an individual, including social security numbers obtained by the department of workforce development, the licensing authority, the licensing agency, or a credentialing board.

SB40-CSA1, s. 1728 Section 1728. 49.857 (3) (a) (intro.) of the statutes is amended to read:

SB40-CSA1,802,6 49.857 (3) (a) (intro.) Before the department of workforce development certifies to a licensing authority or a licensing agency under the system established under sub. (2) that an individual is delinquent in making court-ordered payments of support, the department of workforce development or a child support agency shall provide notice to the individual by regular mail. The notice shall inform the individual of all of the following:

SB40-CSA1, s. 1729 Section 1729. 49.857 (3) (a) 4. of the statutes is amended to read:

SB40-CSA1,802,12 49.857 (3) (a) 4. That the certification will not be made if the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements with the department of workforce development or a 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.