AB150: Bill Text

AB150, s. 2123 Section 2123. 46.23 (5) (n) 2. of the statutes is created to read:

AB150,844,7 46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under subch. III of ch. 49.

AB150, s. 2124 Section 2124. 46.23 (5m) (c) of the statutes is amended to read:

AB150,844,15 46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49, and a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49.

AB150, s. 2125 Section 2125. 46.23 (6) (a) (intro.) of the statutes is amended to read:

AB150,844,25 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and social services under this section for programs, except services or programs under subch. III of ch. 49, and subject to the rules promulgated by the department of industry, labor and human relations for services or programs under subch. III of ch. 49. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:

AB150, s. 2126 Section 2126. 46.23 (6) (a) 3. of the statutes is amended to read:

AB150,845,6 46.23 (6) (a) 3. Such other reports as are required by the secretary of health and social services or by the secretary of industry, labor and human relations and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.

AB150, s. 2127 Section 2127. 46.23 (6m) (a) of the statutes is amended to read:

AB150,845,9 46.23 (6m) (a) Supervise and administer any program established for which supervision and administration is authorized under this section.

AB150, s. 2128 Section 2128. 46.25 (7) of the statutes is amended to read:

AB150,846,2 46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for of industry, labor and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and social services for the purpose of disbursing the transferred funds appropriated under s. 20.435 (4) (p), under a formula established by the department of health and social services, to carry out a contract under this subsection.

AB150, s. 2129 Section 2129. 46.25 (7m) of the statutes is amended to read:

AB150,846,13 46.25 (7m) The department may contract with or employ a collection agency, attorney or other person to enforce a support obligation of a parent residing outside this state, or who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation, or both. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children.

AB150, s. 2130 Section 2130. 46.25 (12) (a) (intro.) of the statutes is amended to read:

AB150,846,18 46.25 (12) (a) (intro.) Except as provided in par. (b), from the appropriation under s. 20.435 (4) (ch) (ga), the department shall, if sufficient funds are available, pay a county $100 for an action to establish paternity in which all of the following conditions are met:

AB150, s. 2131 Section 2131 . 46.25 (12) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,846,24 46.25 (12) (a) (intro.) Except as provided in par. (b), from the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall, if sufficient funds are available, pay a county $100 for an action to establish paternity in which all of the following conditions are met:

****Note: This is reconciled s. 46.25 (12) (a) (intro.). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1.

AB150, s. 2132 Section 2132. 46.25 (12) (b) of the statutes is amended to read:

AB150,847,5 46.25 (12) (b) From the appropriation under s. 20.435 (4) (ch) (ga), the department shall, if sufficient funds are available, pay $300 to a county that administers the parental responsibility pilot program under s. 49.25 for an action to establish paternity that meets the conditions in par. (a) 1. to 3.

AB150, s. 2133 Section 2133 . 46.25 (12) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,847,11 46.25 (12) (b) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall, if sufficient funds are available, pay $300 to a county that administers the parental responsibility pilot program under s. 49.25 for an action to establish paternity that meets the conditions in par. (a) 1. to 3.

****Note: This is reconciled s. 46.25 (12) (b). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1

AB150, s. 2134 Section 2134. 46.25 (14) of the statutes is repealed.

AB150, s. 2135 Section 2135. 46.253 (title) of the statutes is renumbered 49.36 (title).

AB150, s. 2136 Section 2136. 46.253 (1) of the statutes is renumbered 49.36 (1).

AB150, s. 2137 Section 2137. 46.253 (2) of the statutes is renumbered 49.36 (2) and amended to read:

AB150,848,2 49.36 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193. The department shall fund the program from the appropriation under s. 20.435 (4) (df) 20.445 (3) (df).

AB150, s. 2138 Section 2138. 46.253 (3) of the statutes is renumbered 49.36 (3).

AB150, s. 2139 Section 2139. 46.253 (4) of the statutes is renumbered 49.36 (4).

AB150, s. 2140 Section 2140. 46.253 (5) of the statutes is renumbered 49.36 (5).

AB150, s. 2141 Section 2141. 46.253 (6) of the statutes is renumbered 49.36 (6).

AB150, s. 2142 Section 2142. 46.253 (7) of the statutes is renumbered 49.36 (7).

AB150, s. 2143 Section 2143. 46.254 (title) of the statutes is renumbered 49.85 (title).

AB150, s. 2144 Section 2144 . 46.254 (1) of the statutes is amended to read:

AB150,848,15 46.254 (1) County 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 it or the department of health and social services may recover an amount under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), the county department or governing body shall notify the department of health and social services of the determination.

****Note: This is reconciled s. 46.254 (1). This Section has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.

AB150, s. 2145 Section 2145 . 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2144, is amended to read:

AB150,848,23 46.254 (1) County 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 it or the department of health and social services may recover an amount under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), the county department or governing body shall notify the department of health and social services of the determination.

****Note: This is reconciled 46.254 (1). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2146 Section 2146 . 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2144 and 2145, is renumbered 49.85 (1) and amended to read:

AB150,849,10 49.85 (1) County 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 it or the department of health and social services may recover an amount under s. 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e) or that the department of industry, labor and human relations may recover an amount under s. 49.125 (1) or (2m) or 49.195 (3) or (4m), the county department or governing body shall notify the affected department of health and social services of the determination.

****Note: This is reconciled 46.254 (1). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2147 Section 2147 . 46.254 (2) of the statutes is amended to read:

AB150,849,20 46.254 (2) Department certification. At least annually, the department 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 health and social services, the department has determined that it may recover to be due under ss. 49.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e), except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.

****Note: This is reconciled s. 46.254 (2). This Section has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.

AB150, s. 2148 Section 2148 . 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2147, is amended to read:

AB150,850,11 46.254 (2) Department certification. At least annually, the department 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 health and social services, the department has determined to be due under ss. 49.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e), except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.

****Note: This is reconciled 46.254 (2). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2149 Section 2149 . 46.254 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2147 and 2148, is renumbered 49.85 (2) (a) and amended to read:

AB150,850,22 49.85 (2) (a) At least annually, the department of health and social services 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 health and social services, the department of health and social services has determined to be due under ss. 49.125 (1) and (2m), 49.195 (3) and (4m) and s. 49.497 (1) and (2e), except that the department of health and social services may not certify an amount under this subsection unless the department it has met the notice requirements under sub. (3) and unless the department's its determination has either not been appealed or is no longer under appeal.

****Note: This is reconciled 46.254 (2). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2150 Section 2150. 46.254 (3) (intro.) of the statutes is renumbered 49.85 (3) (a) (intro.) and amended to read:

AB150,851,6 49.85 (3) (a) (intro.) At least 30 days before certification of an amount, the department of health and social services shall send a notice to the last-known address of the person from whom the that department intends to recover the amount. The notice shall do all of the following:

AB150, s. 2151 Section 2151 . 46.254 (3) (a) of the statutes is amended to read:

AB150,851,11 46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), for setoff from any state tax refund that may be due the person.

****Note: This is reconciled s. 46.254 (3). This Section has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.

AB150, s. 2152 Section 2152 . 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2151, is amended to read:

AB150,851,17 46.254 (3) (a) Inform the person that the department intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), for setoff from any state tax refund that may be due the person.

****Note: This is reconciled 46.254 (3) (a). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2153 Section 2153 . 46.254 (3) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2151 and 2152, is renumbered 49.85 (3) (a) 1. and amended to read:

AB150,852,3 49.85 (3) (a) 1. Inform the person that the department of health and social services intends to certify to the department of revenue an amount that the department of health and social services has determined to be due under s. 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), for setoff from any state tax refund that may be due the person.

****Note: This is reconciled s. 46.254 (3) (a). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2154 Section 2154. 46.254 (3) (b) to (e) of the statutes are renumbered 49.85 (3) (a) 2. to 5. and amended to read:

AB150,852,9 49.85 (3) (a) 2. Inform the person that he or she may appeal the department's determination of the department of health and social services 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.

AB150,852,13 3. Inform the person that, if the department's determination of the department of health and social services is appealed, the that department will not certify the amount to the department of revenue while the determination of the department of health and social services is under appeal.

AB150,852,19 4. Inform the person that, unless a contested case hearing is requested to appeal the department's determination of the department of health and social services, 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.

AB150,852,22 5. Request that the person inform the department of health and social services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

AB150, s. 2155 Section 2155. 46.254 (3) (f) of the statutes is renumbered 49.85 (3) (a) 6.

AB150, s. 2156 Section 2156. 46.254 (4) of the statutes is renumbered 49.85 (4) (a) and amended to read:

AB150,853,7 49.85 (4) (a) If a person has requested a hearing under this subsection, the department of health and social services shall hold a contested case hearing under s. 227.44, except that the department of health and social services 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.

AB150, s. 2157 Section 2157. 46.254 (5) of the statutes is renumbered 49.85 (5) and amended to read:

AB150,853,18 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 social services or the department of industry, labor and human relations from attempting to recover the amount through other legal means. The department of health and social services or the department of industry, labor and human relations shall promptly notify the department of revenue upon recovery of any amount previously certified under this section.

AB150, s. 2158 Section 2158. 46.258 (1) of the statutes is amended to read:

AB150,854,6 46.258 (1) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and to persons whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons whose children receive benefits under s. 49.19 and child support orders awarded to persons whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

AB150, s. 2159 Section 2159. 46.258 (2) (a) (intro.) of the statutes is amended to read:

AB150,854,12 46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (g) (ga), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:

AB150, s. 2160 Section 2160 . 46.258 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,854,19 46.258 (2) (a) (intro.) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:

****Note: This is reconciled s. 46.258 (2) (a) (intro.). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1.

AB150, s. 2161 Section 2161. 46.26 (2) (a) of the statutes is amended to read:

AB150,855,4 46.26 (2) (a) All funds to counties under this section shall be allocated to county departments under ss. 46.21, 46.22 and 46.23 subject to ss. 46.031 and 49.52 (2) 46.495 (2), except that monthly advance payments to the counties may be less than one-twelfth of the contracted amounts. No reimbursement may be made to any multicounty department until the counties which established the department have drawn up a detailed contractual agreement, approved by the secretary of health and social services, setting forth the plans for joint sponsorship.

AB150, s. 2162 Section 2162. 46.26 (2) (c) of the statutes is amended to read:

AB150,855,13 46.26 (2) (c) All funds to counties under this section shall be used to purchase or provide juvenile delinquency-related services under ch. 48, except that no funds to counties under this section may be used for purposes of land purchase, building construction or maintenance of buildings under ss. s. 46.17 and, 46.175 or 301.37, for reimbursement of costs under s. 48.209, for city lockups or for reimbursement of care costs in temporary shelter care under s. 48.22. Funds to counties under this section may be used for reimbursement of costs of program services, other than basic care and supervision costs, in juvenile secure detention facilities.

AB150, s. 2163 Section 2163. 46.26 (3) (c) of the statutes is amended to read:

AB150,855,17 46.26 (3) (c) Subject to pars. (dd), (de) and (dg), within Within the limits of the appropriations under s. 20.435 (3) (cd) and (oo), the department of health and social services shall allocate funds to each county for services under this section.

AB150, s. 2164 Section 2164. 46.26 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 377, is repealed.

****Note: This is reconciled s. 46.26 (3) (d). This Section has been affected by drafts with the following LRB numbers: 2480/3 and 2772/3.