SB494: Bill Text

SB494, s. 69 Section 69. 49.857 of the statutes is created to read:

SB494,63,10 49.857 Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses. (1) In this section:

SB494,63,12 (a) "Child support agency" means a county child support agency under s. 59.53 (5).

SB494,63,14 (b) "Credential" means a license, permit, certificate or registration that is granted under chs. 440 to 480.

SB494,63,17 (c) "Credentialing board" means a board, examining board or affiliated credentialing board in the department of regulation and licensing that grants a credential.

SB494,63,18 (d) "License" means any of the following:

SB494,63,19 1. A license issued under s. 13.63 or a registration issued under s. 13.64.

SB494,63,20 2. An approval specified in s. 29.09 (11m).

SB494,63,21 3. A license issued under s. 48.66 (1).

SB494,63,25 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).

SB494,64,1 5. A business tax registration certificate issued under s. 73.03 (50).

SB494,64,3 6. A license, registration, registration certificate or certification specified in s. 93.135 (1).

SB494,64,5 7. A license, permit or certificate of certification or registration specified in s. 101.02 (21) (a).

SB494,64,6 8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.

SB494,64,7 9. A permit issued under s. 103.25 or 103.70.

SB494,64,8 10. A certificate issued under s. 103.275, 103.91 or 103.92.

SB494,64,9 11. A license or permit issued under chs. 115 and 118.

SB494,64,11 12. A license or certificate of registration issued under s. 138.09, 138.12, 217.06, 218.01, 218.02, 218.04, 218.05 or 224.72 or subch. III of ch. 551.

SB494,64,12 13. A permit issued under s. 170.12.

SB494,64,13 14. A certification under s. 165.85.

SB494,64,15 15. A license, permit or registration issued under s. 218.01, 218.11, 218.12, 218.22, 218.32, 218.41, 218.51, 341.51, 343.305 (6), 343.61 or 343.62.

SB494,64,16 16. A license, registration or certification specified in s. 299.08 (1) (a).

SB494,64,18 17. A license issued under ch. 343 or, with respect to restriction, limitation or suspension, an individual's operating privilege, as defined in s. 340.01 (40).

SB494,64,19 18. A credential.

SB494,64,20 19. A license issued under s. 563.24 or ch. 562.

SB494,64,22 20. A license issued under s. 628.04, 632.68 (2) or (4) or 633.14 or a temporary license issued under s. 628.09.

SB494,64,23 21. A license to practice law.

SB494,65,3 (e) "Licensing agency" means a board, office or commissioner, department or division within a department that grants or issues a license, but does not include a credentialing board.

SB494,65,6 (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.

SB494,65,8 (g) "Support" means child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

SB494,65,16 (2) (a) The department of workforce development shall establish a system, in accordance with federal law, under which the supreme court 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.

SB494,65,20 (b) Under the system, the department of workforce development shall enter into a memorandum of understanding with the supreme court, if the supreme court agrees, and with a licensing agency. A memorandum of understanding under this paragraph shall address at least all of the following:

SB494,66,3 1. The circumstances under which the supreme court or the licensing agency must restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license and guidelines for determining the appropriate action to take. The memorandum of understanding with the department of regulation and licensing shall include the circumstances under which the department of regulation and licensing shall direct a credentialing board to restrict, limit, suspend, withhold, deny or refuse to grant a credential and guidelines for determining the appropriate action to take.

SB494,66,5 2. Procedures that the department of workforce development shall use for doing all of the following:

SB494,66,13 a. Certifying to the supreme court 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 with respect to an individual who holds or applied for a credential granted by the credentialing board.

SB494,66,15 b. Notifying an individual who is delinquent in making court-ordered payments of support under sub. (3) (a).

SB494,66,17 bg. Notifying an individual who is delinquent in making court-ordered payments of support and who fails to request a hearing under sub. (3) (am).

SB494,66,19 br. Notifying an individual who fails to comply with a subpoena or warrant under sub. (3) (b).

SB494,67,2 c. Notifying the supreme court or licensing agency that an individual has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under 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 an individual who holds or applied for a credential granted by the credentialing board has paid delinquent support or made satisfactory alternative payment arrangements or satisfied the requirements under a subpoena or warrant.

SB494,67,4 3. Procedures that the supreme court or licensing agency shall use for doing all of the following:

SB494,67,9 a. Restricting, limiting, suspending, withholding, denying, refusing to grant or issue or refusing to renew or revalidate a license. 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 restrict, limit, suspend, withhold, deny or refuse to grant a credential.

SB494,67,10 b. Notifying an individual of action taken under sub. (3) (c) 2.

SB494,67,23 c. Issuing or reinstating a license if the department of workforce development notifies the supreme court 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 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.

SB494,68,3 d. Issuing or reinstating a license after the maximum time has elapsed if an individual who was delinquent in making court-ordered payments of support does not pay the delinquent support or make satisfactory alternative payment arrangements and if an individual who failed to comply with a subpoena or warrant fails to satisfy the requirements under the subpoena or warrant.

SB494,68,5 4. Procedures for the use under the system of social security numbers obtained from license applications.

SB494,68,9 5. Procedures for safeguarding the confidentiality of information about an individual, including social security numbers obtained by the department of workforce development, the supreme court, the licensing agency or a credentialing board.

SB494,68,16 (c) 1. The system shall provide for adequate notice to an individual who is delinquent in making court-ordered payments of support, an opportunity for the individual to make alternative arrangements for paying the delinquent support, an opportunity for the individual to request and obtain a hearing before a court or family court commissioner as provided in sub. (3) and prompt reinstatement of the individual's license upon payment of the delinquent support or upon making satisfactory alternative payment arrangements.

SB494,68,21 2. The system shall provide for adequate notice to an individual who fails to comply with a subpoena or warrant, an opportunity for the individual to satisfy the requirements under the subpoena or warrant and prompt reinstatement of the individual's license upon satisfaction of the requirements under the subpoena or warrant.

SB494,68,24 (d) Notwithstanding pars. (b) 3. c. and (c), under the system a license may not be restricted, limited, suspended, withheld, denied or refused granting, issuing, renewing or revalidating for more than 5 years.

SB494,69,6 (3) (a) Before the department of workforce development certifies to the supreme court 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:

SB494,69,9 1. That a certification of delinquency in paying support will be made to the supreme court, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.

SB494,69,10 2. When the certification under subd. 1. will occur.

SB494,69,16 3. That, upon certification, for a period of 5 years any license that the individual holds from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will not be granted or issued.

SB494,69,21 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.

SB494,69,24 5. That, within 20 days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments.

SB494,70,5 (ac) 1. If an individual timely requests a hearing under par. (a) 5., the court shall set the matter for hearing within 10 days after receiving the request. The family court commissioner may conduct the hearing. The only issue at the hearing shall be whether the individual is delinquent in making court-ordered payments of support.

SB494,70,10 2. If at a hearing under subd. 1. the court or family court commissioner finds that the individual does not owe delinquent support, or if within 20 days after receiving a notice under par. (a) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development shall not place the individual's name on a certification list.

SB494,70,16 (am) If an individual, after receiving notice under par. (a), does not timely request a hearing or pay the delinquent amount of support or make satisfactory alternative payment arrangements, the department of workforce development shall place the individual's name on a certification list. Thereafter, the department of workforce development or a child support agency shall provide a 2nd notice to the individual by regular mail that informs the individual of all of the following:

SB494,70,19 1. That the individual's name has been placed on a certification list, which will be provided to the supreme court, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.

SB494,70,20 2. When the certification will be made.

SB494,71,2 3. That, upon certification, for a period of 5 years any license that the individual holds from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will not be granted or issued.

SB494,71,7 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.

SB494,71,10 5. That, within 20 days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments.

SB494,71,15 (ar) 1. If an individual timely requests a hearing under par. (am) 5., the court shall set the matter for hearing within 10 days after receiving the request. The family court commissioner may conduct the hearing. The only issue at the hearing shall be whether the individual is delinquent in making court-ordered payments of support.

SB494,71,20 2. If at a hearing under subd. 1. the court or family court commissioner finds that the individual does not owe delinquent support, or if within 20 days after receiving a notice under par. (am) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development shall remove the individual's name from the certification list.

SB494,72,4 (b) Any subpoena or warrant shall include notice to the individual of the effect that a failure to comply with the subpoena or warrant may have on any license that the individual holds or for which the individual applies. If the individual fails to comply, before the department of workforce development certifies to the supreme court or a licensing agency under the system established under sub. (2) that an individual has failed to comply with a subpoena or warrant, 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:

SB494,72,7 1. That a certification of the failure to comply with a subpoena or warrant will be made to the supreme court, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.

SB494,72,8 2. When the certification under subd. 1. will occur.

SB494,72,14 3. That, upon certification, for a period of 5 years any license that the individual holds from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will not be granted or issued.

SB494,72,17 4. That certification will not be made if the individual satisfies the requirements under the subpoena or warrant. The notice shall inform the individual of how he or she may satisfy those requirements.

SB494,72,20 (bm) If an individual, after receiving notice under par. (b), does not satisfy the requirements under the subpoena or warrant, the department of workforce development shall place the individual's name on a certification list.

SB494,73,2 (c) If the department of workforce development provides a certification list to the supreme court, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing, upon receipt of the list the supreme court if the supreme court agrees, a licensing agency and, with respect to a credential granted by a credentialing board, the department of regulation and licensing shall do all of the following:

SB494,73,6 1. In accordance with a memorandum of understanding entered into under sub. (2) (b), restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license if the individual holding or applying for the license is included on the list.

SB494,73,8 2. Provide notice to the individual by regular mail of the action taken under subd. 1.

SB494,73,19 (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of delinquent support, is denied a license or whose license, on the basis of delinquent support, is restricted, limited, suspended or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) pays the delinquent amount of support in full or makes satisfactory alternative payment arrangements, the department of workforce development shall immediately notify the supreme court or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of workforce development, notify the credentialing board to grant or reinstate the individual's credential.

SB494,74,5 2. Subject to sub. (2) (d), if an individual who, on the basis of a failure to comply with a subpoena or warrant, is denied a license or whose license, on the basis of a failure to comply with a subpoena or warrant, is restricted, limited, suspended or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) satisfies the requirements under the subpoena or warrant, the department of workforce development shall immediately notify the supreme court or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of workforce development, notify the credentialing board to grant or reinstate the individual's credential.

SB494,74,11 (4) Each licensing agency shall enter into a memorandum of understanding with the department of workforce development under sub. (2) (b) and shall cooperate with the department of workforce development in its administration of s. 49.22. The department of regulation and licensing shall enter into a memorandum of understanding with the department of workforce development on behalf of a credentialing board with respect to a credential granted by the credentialing board.

SB494,74,15 (5) The restriction, limitation, suspension, withholding or denial of, or the refusal to grant, issue, renew or revalidate, a license under a memorandum of understanding entered into under sub. (2) (b) is not subject to administrative review under ch. 227.

SB494, s. 70 Section 70. 59.40 (2) (h) of the statutes is amended to read:

SB494,74,24 59.40 (2) (h) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), keep a record of all payments and arrearages in payments ordered by the court under s. 948.22 (7) or ch. 767 or 769 and directed under s. 767.29 (1) to be paid to the clerk or county support collection designee or ordered by a court in another county or jurisdiction but enforced or received by the court of the clerk's county. If the department of health and family services workforce development operates a data system relating to those payments and arrearages, the clerk shall use that system to keep this record.

SB494, s. 71 Section 71. 59.53 (5m) (a) of the statutes is amended to read:

SB494,75,8 59.53 (5m) (a) Subject to approval of the department of health and family services workforce development under par. (am), designate by resolution any office, officer, board, department or agency as the county support collection designee to receive and disburse child and spousal support payments ordered by the court under s. 948.22 (7) and child and family support payments and maintenance payments ordered by the court or the family court commissioner under ch. 767 or ordered by a court in another county or jurisdiction but enforced or received by the court of the support collection designee's county.

SB494, s. 72 Section 72. 59.53 (5m) (am) of the statutes is amended to read:

SB494,75,18 59.53 (5m) (am) A county board that makes a designation under par. (a) shall send a copy of the resolution to the department of health and family services workforce development. Within 60 days after receiving the copy of the resolution, the department of health and family services workforce development shall notify the county board in writing of whether the department approves or disapproves the designation. If the department disapproves the designation, it shall specify the reasons for disapproval in the notice. If the department does not notify the county board of the department's approval or disapproval within 60 days after receipt of the copy of the resolution, the designation is approved.

SB494, s. 73 Section 73. 59.53 (5m) (b) 1. of the statutes is amended to read:

SB494,75,23 59.53 (5m) (b) 1. Keep a record of all payments received and disbursed and of arrearages in payments. If the department of health and family services workforce development operates a data system relating to those payments and arrearages, the county support collection designee shall use that system to keep this record.

SB494, s. 74 Section 74. 59.53 (5m) (b) 2. of the statutes is amended to read:

SB494,76,5 59.53 (5m) (b) 2. Cooperate with the department of health and family services workforce development with respect to the child and spousal support and establishment of paternity and medical liability support program under sub. (97) (5) and s. 46.25 49.22, and provide that department with any information from the record under subd. 1. that it requires to administer that program.

SB494, s. 75 Section 75. 66.184 of the statutes, as affected by 1997 Wisconsin Act 27, section 2210m, is amended to read: