SB1,780,2015
49.854
(11) (b)
The department. The department may assess a collection fee
16to recover the department's costs incurred in levying against property under this
17section. The department shall determine its costs to be paid in all cases of levy. The
18obligor is liable to the department for the amount of the collection fee authorized
19under this paragraph. Fees collected under this paragraph shall be credited to the
20appropriation account under s.
20.445 (3) 20.437 (2) (ja).
SB1, s. 1711
21Section
1711. 49.855 (1) of the statutes is amended to read:
SB1,781,522
49.855
(1) If a person obligated to pay child support, family support,
23maintenance, or the receiving and disbursing fee under s. 767.57 (1e) (a) is
24delinquent in making any of those payments, or owes an outstanding amount that
25has been ordered by the court for past support, medical expenses, or birth expenses,
1upon application under s. 59.53 (5) the department of
workforce development 2children and families shall certify the delinquent payment or outstanding amount
3to the department of revenue and, at least annually, shall provide to the department
4of revenue any certifications of delinquencies or outstanding amounts that it receives
5from another state because the obligor resides in this state.
SB1, s. 1712
6Section
1712. 49.855 (2r) of the statutes is created to read:
SB1,781,97
49.855
(2r) At least annually, the department of children and families shall
8certify to the department of revenue any obligation owed to that department under
9s. 49.345 if the obligation is rendered to a judgment.
SB1, s. 1713
10Section
1713. 49.855 (3) of the statutes is amended to read:
SB1,782,1011
49.855
(3) Receipt of a certification by the department of revenue shall
12constitute a lien, equal to the amount certified, on any state tax refunds or credits
13owed to the obligor. The lien shall be foreclosed by the department of revenue as a
14setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
15that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
16obligor that the state intends to reduce any state tax refund or credit due the obligor
17by the amount the obligor is delinquent under the support, maintenance, or receiving
18and disbursing fee order or obligation, by the outstanding amount for past support,
19medical expenses, or birth expenses under the court order, or by the amount due
20under s. 46.10 (4)
, 49.345 (4), or 301.12 (4). The notice shall provide that within 20
21days the obligor may request a hearing before the circuit court rendering the order
22under which the obligation arose. Within 10 days after receiving a request for
23hearing under this subsection, the court shall set the matter for hearing. Pending
24further order by the court or a circuit court commissioner, the department of
25workforce development children and families or its designee, whichever is
1appropriate, is prohibited from disbursing the obligor's state tax refund or credit.
2A circuit court commissioner may conduct the hearing. The sole issues at that
3hearing shall be whether the obligor owes the amount certified and, if not and it is
4a support or maintenance order, whether the money withheld from a tax refund or
5credit shall be paid to the obligor or held for future support or maintenance, except
6that the obligor's ability to pay shall also be an issue at the hearing if the obligation
7relates to an order under
s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 767.89 (3) (e) 1. or
8767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that the court found that
9the obligor's income was at or below the poverty line established under
42 USC 9902 10(2).
SB1, s. 1714
11Section
1714. 49.855 (4) (a) of the statutes is amended to read:
SB1,782,2312
49.855
(4) (a) The department of revenue shall send the portion of any state tax
13refunds or credits withheld for delinquent child or family support or maintenance or
14past support, medical expenses, or birth expenses to the department of
workforce
15development children and families or its designee for deposit in the support
16collections trust fund under s. 25.68 and shall send the portion of any state tax
17refunds or credits withheld for delinquent receiving and disbursing fees to the
18department of
workforce development children and families or its designee for
19deposit in the appropriation account under s.
20.445 (3) 20.437 (2) (ja). The
20department of
workforce development children and families shall make a settlement
21at least annually with the department of revenue. The settlement shall state the
22amounts certified, the amounts deducted from tax refunds and credits, and the
23administrative costs incurred by the department of revenue.
SB1, s. 1715
24Section
1715. 49.855 (4) (b) of the statutes is amended to read:
SB1,783,10
149.855
(4) (b) The department of administration shall send the portion of any
2federal tax refunds or credits received from the internal revenue service that was
3withheld for delinquent child or family support or maintenance or past support,
4medical expenses, or birth expenses to the department of
workforce development 5children and families or its designee for deposit in the support collections trust fund
6under s. 25.68 and shall send the portion of any federal tax refunds or credits received
7from the internal revenue service that was withheld for delinquent receiving and
8disbursing fees to the department of
workforce development children and families 9or its designee for deposit in the appropriation account under s.
20.445 (3) 20.437 (2) 10(ja).
SB1, s. 1716
11Section
1716. 49.855 (4m) (b) of the statutes is amended to read:
SB1,784,1612
49.855
(4m) (b) The department of revenue may provide a certification that it
13receives under sub. (1), (2m),
or (2p)
, or (2r) to the department of administration.
14Upon receipt of the certification, the department of administration shall determine
15whether the obligor is a vendor or is receiving any other payments from this state,
16except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1745.40 (1), this chapter, or ch. 46, 108, or 301. If the department of administration
18determines that the obligor is a vendor or is receiving payments from this state,
19except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
2045.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
21certified from those payments and shall notify the obligor that the state intends to
22reduce any payments due the obligor by the amount the obligor is delinquent under
23the support, maintenance, or receiving and disbursing fee order or obligation, by the
24outstanding amount for past support, medical expenses, or birth expenses under the
25court order, or by the amount due under s. 46.10 (4)
, 49.345 (4), or 301.12 (4). The
1notice shall provide that within 20 days after receipt of the notice the obligor may
2request a hearing before the circuit court rendering the order under which the
3obligation arose. An obligor may, within 20 days after receiving notice, request a
4hearing under this paragraph. Within 10 days after receiving a request for hearing
5under this paragraph, the court shall set the matter for hearing. A circuit court
6commissioner may conduct the hearing. Pending further order by the court or circuit
7court commissioner, the department of
workforce development children and families 8or its designee, whichever is appropriate, may not disburse the payments withheld
9from the obligor. The sole issues at the hearing are whether the obligor owes the
10amount certified and, if not and it is a support or maintenance order, whether the
11money withheld shall be paid to the obligor or held for future support or
12maintenance, except that the obligor's ability to pay is also an issue at the hearing
13if the obligation relates to an order under
s. 767.51 (3) (e) 1. or 767.62 (4) (d) 1. s. 14767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1. and the order specifies that
15the court found that the obligor's income was at or below the poverty line established
16under
42 USC 9902 (2).
SB1, s. 1717
17Section
1717. 49.855 (4m) (c) of the statutes is amended to read:
SB1,785,218
49.855
(4m) (c) Except as provided by order of the court after hearing under
19par. (b), the department of administration shall continue withholding until the
20amount certified is recovered in full. The department of administration shall
21transfer the amounts withheld under this paragraph to the department of
workforce
22development children and families or its designee, the department of health and
23family services, or the department of corrections, whichever is appropriate. The
24department of
workforce development children and families or its designee shall
25deposit amounts withheld for delinquent child or family support, maintenance, or
1receiving and disbursing fees or past support, medical expenses, or birth expenses
2in the appropriation account under s.
20.445 (3)
20.437 (2) (kp).
SB1, s. 1718
3Section
1718. 49.855 (5) of the statutes is amended to read:
SB1,785,84
49.855
(5) Certification of an obligation to the department of revenue does not
5deprive any party of the right to collect the obligation or to prosecute the obligor. The
6department of
workforce development children and families or its designee shall
7immediately notify the department of revenue of any collection of an obligation that
8has been certified to the department of revenue.
SB1, s. 1719
9Section
1719. 49.856 (1) (b) of the statutes is amended to read:
SB1,785,1110
49.856
(1) (b) "Department" means the department of
workforce development 11children and families.
SB1, s. 1720
12Section
1720. 49.857 (1) (cf) of the statutes is created to read:
SB1,785,1313
49.857
(1) (cf) "Department" means the department of children and families.
SB1, s. 1721
14Section
1721. 49.857 (1) (f) of the statutes is amended to read:
SB1,785,1715
49.857
(1) (f) "Subpoena or warrant" means a subpoena or warrant issued by
16the department
of workforce development or a child support agency and relating to
17paternity or support proceedings.
SB1, s. 1722
18Section
1722. 49.857 (2) (a) of the statutes is amended to read:
SB1,786,219
49.857
(2) (a) The department
of workforce development shall establish a
20system, in accordance with federal law, under which a licensing authority is
21requested, and a licensing agency or credentialing board is required, to restrict,
22limit, suspend, withhold, deny, refuse to grant or issue
, or refuse to renew or
23revalidate a license in a timely manner upon certification by and in cooperation with
24the department
of workforce development, if the individual holding or applying for
1the license is delinquent in making court-ordered payments of support or fails to
2comply, after appropriate notice, with a subpoena or warrant.
SB1, s. 1723
3Section
1723. 49.857 (2) (b) (intro.) of the statutes is amended to read:
SB1,786,84
49.857
(2) (b) (intro.) Under the system, the department
of workforce
5development shall enter into a memorandum of understanding with a licensing
6authority, if the licensing authority agrees, and with a licensing agency. A
7memorandum of understanding under this paragraph shall address at least all of the
8following:
SB1, s. 1724
9Section
1724. 49.857 (2) (b) 2. (intro.) of the statutes is amended to read:
SB1,786,1110
49.857
(2) (b) 2. (intro.) Procedures that the department
of workforce
11development shall use for doing all of the following:
SB1, s. 1725
12Section
1725. 49.857 (2) (b) 2. a. of the statutes is amended to read:
SB1,786,2013
49.857
(2) (b) 2. a. Certifying to the licensing authority or licensing agency a
14delinquency in support or a failure to comply with a subpoena or warrant. The
15memorandum of understanding with the department of regulation and licensing
16shall include procedures for the department of regulation and licensing to notify a
17credentialing board that a certification of delinquency in support or failure to comply
18with a subpoena or warrant has been made by the department of
workforce
19development children and families with respect to an individual who holds or applied
20for a credential granted by the credentialing board.
SB1, s. 1726
21Section
1726. 49.857 (2) (b) 3. c. of the statutes is amended to read:
SB1,787,1122
49.857
(2) (b) 3. c. Issuing or reinstating a license if the department of
23workforce development children and families notifies the licensing authority or
24licensing agency that an individual who was delinquent in making court-ordered
25payments of support has paid the delinquent support or made satisfactory
1alternative payment arrangements or that an individual who failed to comply with
2a subpoena or warrant has satisfied the requirements under the subpoena or
3warrant. The memorandum of understanding with the department of regulation
4and licensing shall include procedures for the department of regulation and licensing
5to direct a credentialing board to grant or reinstate a credential if the department
6of
workforce development children and families notifies the department of
7regulation and licensing that an individual who holds or applied for a credential
8granted by the credentialing board has paid the delinquent support or made
9satisfactory alternative payment arrangements or that an individual who failed to
10comply with a subpoena or warrant has satisfied the requirements under the
11subpoena or warrant.
SB1, s. 1727
12Section
1727. 49.857 (2) (b) 5. of the statutes is amended to read:
SB1,787,1613
49.857
(2) (b) 5. Procedures for safeguarding the confidentiality of information
14about an individual, including social security numbers obtained by the department
15of workforce development, the licensing authority, the licensing agency
, or a
16credentialing board.
SB1, s. 1728
17Section
1728. 49.857 (3) (a) (intro.) of the statutes is amended to read:
SB1,787,2318
49.857
(3) (a) (intro.) Before the department
of workforce development certifies
19to a licensing authority or a licensing agency under the system established under
20sub. (2) that an individual is delinquent in making court-ordered payments of
21support, the department
of workforce development or a child support agency shall
22provide notice to the individual by regular mail. The notice shall inform the
23individual of all of the following:
SB1, s. 1729
24Section
1729. 49.857 (3) (a) 4. of the statutes is amended to read:
SB1,788,5
149.857
(3) (a) 4. That the certification will not be made if the individual pays
2the delinquent amount in full or makes satisfactory alternative payment
3arrangements with the department
of workforce development or a child support
4agency. The notice shall inform the individual of how he or she may pay the
5delinquent amount or make satisfactory alternative payment arrangements.
SB1, s. 1730
6Section
1730. 49.857 (3) (ac) 1. of the statutes is amended to read:
SB1,788,137
49.857
(3) (ac) 1. If an individual timely requests a hearing under par. (a) 5.,
8the court shall schedule a hearing within 10 business days after receiving the
9request. A circuit court commissioner may conduct the hearing. The only issues at
10the hearing shall be whether the individual is delinquent in making court-ordered
11payments of support and whether any alternative payment arrangement offered by
12the department
of workforce development or the county child support agency is
13reasonable.
SB1, s. 1731
14Section
1731. 49.857 (3) (ac) 2. of the statutes is amended to read:
SB1,788,2015
49.857
(3) (ac) 2. If at a hearing under subd. 1. the court or circuit court
16commissioner finds that the individual does not owe delinquent support, or if within
1720 business days after receiving a notice under par. (a) the individual pays the
18delinquent amount in full or makes satisfactory alternative payment arrangements,
19the department
of workforce development may not place the individual's name on a
20certification list.
SB1, s. 1732
21Section
1732. 49.857 (3) (ac) 3. of the statutes is amended to read:
SB1,789,322
49.857
(3) (ac) 3. If at a hearing under subd. 1. the court or circuit court
23commissioner makes a written determination that alternative payment
24arrangements proposed by the department
of workforce development or a child
25support agency are not reasonable, the court or circuit court commissioner may order
1for the individual an alternative payment arrangement. If the court or circuit court
2commissioner orders an alternative payment arrangement, the department
of
3workforce development may not place the individual's name on a certification list.
SB1, s. 1733
4Section
1733. 49.857 (3) (am) (intro.) of the statutes is amended to read:
SB1,789,115
49.857
(3) (am) (intro.) If an individual, after receiving notice under par. (a),
6does not timely request a hearing or pay the delinquent amount of support or make
7satisfactory alternative payment arrangements, the department
of workforce
8development shall place the individual's name on a certification list. Thereafter, the
9department
of workforce development or a child support agency shall provide a 2nd
10notice to the individual by regular mail that informs the individual of all of the
11following:
SB1, s. 1734
12Section
1734. 49.857 (3) (am) 4. of the statutes is amended to read:
SB1,789,1713
49.857
(3) (am) 4. That the certification will not be made if the individual pays
14the delinquent amount in full or makes satisfactory alternative payment
15arrangements with the department
of workforce development or a child support
16agency. The notice shall inform the individual of how he or she may pay the
17delinquent amount or make satisfactory alternative payment arrangements.
SB1, s. 1735
18Section
1735. 49.857 (3) (ar) 1. of the statutes is amended to read:
SB1,789,2519
49.857
(3) (ar) 1. If an individual timely requests a hearing under par. (am) 5.,
20the court shall schedule a hearing within 10 business days after receiving the
21request. A circuit court commissioner may conduct the hearing. The only issues at
22the hearing shall be whether the individual is delinquent in making court-ordered
23payments of support and whether any alternative payment arrangement offered by
24the department
of workforce development or the county child support agency is
25reasonable.
SB1, s. 1736
1Section
1736. 49.857 (3) (ar) 2. of the statutes is amended to read:
SB1,790,72
49.857
(3) (ar) 2. If at a hearing under subd. 1. the court or circuit court
3commissioner finds that the individual does not owe delinquent support, or if within
420 business days after receiving a notice under par. (am) the individual pays the
5delinquent amount in full or makes satisfactory alternative payment arrangements,
6the department
of workforce development shall remove the individual's name from
7the certification list.
SB1, s. 1737
8Section
1737. 49.857 (3) (ar) 3. of the statutes is amended to read:
SB1,790,159
49.857
(3) (ar) 3. If at a hearing under subd. 1. the court or circuit court
10commissioner makes a written determination that alternative payment
11arrangements proposed by the department
of workforce development or a child
12support agency are not reasonable, the court or circuit court commissioner may order
13for the individual an alternative payment arrangement. If the court or circuit court
14commissioner orders an alternative payment arrangement, the department
of
15workforce development may not place the individual's name on a certification list.
SB1, s. 1738
16Section
1738. 49.857 (3) (b) (intro.) of the statutes is amended to read:
SB1,790,2517
49.857
(3) (b) (intro.) Any subpoena or warrant shall include notice to the
18individual of the effect that a failure to comply with the subpoena or warrant may
19have on any license that the individual holds or for which the individual applies. If
20the individual fails to comply, before the department
of workforce development 21certifies to a licensing authority or a licensing agency under the system established
22under sub. (2) that an individual has failed to comply with a subpoena or warrant,
23the department
of workforce development or a child support agency shall provide
24notice to the individual by regular mail. The notice shall inform the individual of all
25of the following:
SB1, s. 1739
1Section
1739. 49.857 (3) (bm) of the statutes is amended to read:
SB1,791,42
49.857
(3) (bm) If an individual, after receiving notice under par. (b), does not
3satisfy the requirements under the subpoena or warrant, the department
of
4workforce development shall place the individual's name on a certification list.
SB1, s. 1740
5Section
1740. 49.857 (3) (c) (intro.) of the statutes is amended to read:
SB1,791,126
49.857
(3) (c) (intro.) If the department of
workforce development children and
7families provides a certification list to a licensing authority, a licensing agency or,
8with respect to a credential granted by a credentialing board, the department of
9regulation and licensing, upon receipt of the list the licensing authority if the
10licensing authority agrees, the licensing agency or, with respect to a credential
11granted by a credentialing board, the department of regulation and licensing shall
12do all of the following:
SB1, s. 1741
13Section
1741. 49.857 (3) (d) 1. of the statutes is amended to read:
SB1,791,2514
49.857
(3) (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of
15delinquent support, is denied a license or whose license, on the basis of delinquent
16support, is restricted, limited, suspended
, or refused renewal or revalidation under
17a memorandum of understanding entered into under sub. (2) (b) pays the delinquent
18amount of support in full or makes satisfactory alternative payment arrangements,
19the department of
workforce development children and families shall immediately
20notify the licensing authority or licensing agency to issue or reinstate the individual's
21license as provided in the memorandum of understanding. If the individual held or
22applied for a credential granted by a credentialing board, the department of
23regulation and licensing shall, upon notice by the department of
workforce
24development children and families, notify the credentialing board to grant or
25reinstate the individual's credential.
SB1, s. 1742
1Section
1742. 49.857 (3) (d) 2. of the statutes is amended to read:
SB1,792,132
49.857
(3) (d) 2. Subject to sub. (2) (d), if an individual who, on the basis of a
3failure to comply with a subpoena or warrant, is denied a license or whose license,
4on the basis of a failure to comply with a subpoena or warrant, is restricted, limited,
5suspended
, or refused renewal or revalidation under a memorandum of
6understanding entered into under sub. (2) (b) satisfies the requirements under the
7subpoena or warrant, the department of
workforce development children and
8families shall immediately notify the licensing authority or licensing agency to issue
9or reinstate the individual's license as provided in the memorandum of
10understanding. If the individual held or applied for a credential granted by a
11credentialing board, the department of regulation and licensing shall, upon notice
12by the department of
workforce development children and families, notify the
13credentialing board to grant or reinstate the individual's credential.
SB1, s. 1743
14Section
1743. 49.857 (4) of the statutes is amended to read:
SB1,792,2115
49.857
(4) Each licensing agency shall enter into a memorandum of
16understanding with the department of
workforce development children and families 17under sub. (2) (b) and shall cooperate with the department of
workforce development 18children and families in its administration of s. 49.22. The department of regulation
19and licensing shall enter into a memorandum of understanding with the department
20of
workforce development children and families on behalf of a credentialing board
21with respect to a credential granted by the credentialing board.
SB1, s. 1744
22Section
1744. 49.858 (1) of the statutes is renumbered 49.858 (1) (intro.) and
23amended to read:
SB1,792,2424
49.858
(1) (intro.) In this section
, "support":
SB1,792,25
25(b) "Support" has the meaning given in s. 49.857 (1) (g).
SB1, s. 1745
1Section
1745. 49.858 (1) (a) of the statutes is created to read:
SB1,793,22
49.858
(1) (a) "Department" means the department of children and families.
SB1, s. 1746
3Section
1746. 49.858 (2) (intro.) of the statutes is amended to read:
SB1,793,64
49.858
(2) Rules. (intro.) For the procedures under this subchapter for the
5administrative enforcement of support obligations, the department
of workforce
6development shall promulgate rules related to all of the following:
SB1, s. 1747
7Section
1747. 49.858 (3) of the statutes is amended to read:
SB1,793,138
49.858
(3) Review of circuit court commissioner decisions. If a circuit court
9commissioner conducts a hearing in any administrative support enforcement
10proceeding under s. 49.852, 49.856 or 49.857, the department
of workforce
11development or the obligor may, within 15 business days after the date that the
12circuit court commissioner makes his or her decision, request review of the decision
13by the court with jurisdiction over the matter.
SB1, s. 1748
14Section
1748. 49.86 of the statutes is renumbered 49.86 (2) and amended to
15read:
SB1,794,216
49.86
(2) Withdrawal or disbursement of moneys deposited in a public
17depository, as defined in s. 34.01 (5), to the credit of the department
of workforce
18development or any of its divisions or agencies shall be by check, share draft
, or other
19draft signed by the secretary
of workforce development or by one or more persons in
20the department
of workforce development designated by written authorization of the
21secretary
of workforce development. Such checks, share drafts
, and other drafts
22shall be signed personally or by use of a mechanical device adopted by the secretary
23of workforce development or his or her designees for affixing a facsimile signature.
24Any public depository shall be fully warranted and protected in making payment on
25any check, share draft
, or other draft bearing such facsimile signature
1notwithstanding that the facsimile may have been placed thereon without the
2authority of the secretary
of workforce development or his or her designees.
SB1, s. 1749
3Section
1749. 49.86 (1) of the statutes is created to read:
SB1,794,44
49.86
(1) In this section:
SB1,794,55
(a) "Department" means the department of children and families.
SB1,794,66
(b) "Secretary" means the secretary of children and families.
SB1, s. 1750
7Section
1750. 49.89 (2) of the statutes is amended to read:
SB1,794,228
49.89
(2) Subrogation. The department of health and family services, the
9department of
workforce development children and families, a county
, or an elected
10tribal governing body that provides any public assistance under this chapter or
11under s. 253.05 as a result of the occurrence of an injury, sickness
, or death that
12creates a claim or cause of action, whether in tort or contract, on the part of a public
13assistance recipient or beneficiary or the estate of a recipient or beneficiary against
14a 3rd party, including an insurer, is subrogated to the rights of the recipient,
15beneficiary or estate and may make a claim or maintain an action or intervene in a
16claim or action by the recipient, beneficiary
, or estate against the 3rd party.
17Subrogation under this subsection because of the provision of medical assistance
18under subch. IV constitutes a lien, equal to the amount of the medical assistance
19provided as a result of the injury, sickness
, or death that gave rise to the claim. The
20lien is on any payment resulting from a judgment or settlement that may be due the
21obligor. A lien under this subsection continues until it is released and discharged by
22the department of health and family services.
SB1, s. 1751
23Section
1751. 49.89 (6) of the statutes is amended to read:
SB1,795,224
49.89
(6) Departments' duties and powers. The department of health and
25family services and the department of
workforce development children and families
1shall enforce their rights under this section and may contract for the recovery of any
2claim or right of indemnity arising under this section.
SB1, s. 1752
3Section
1752. 49.89 (7) (b) of the statutes is amended to read:
SB1,795,74
49.89
(7) (b) The incentive payment shall be an amount equal to 15% of the
5amount recovered because of benefits paid under s. 49.46, 49.465, 49.468
or, 49.47
,
6or 49.471. The incentive payment shall be taken from the federal share of the sum
7recovered as provided under
42 CFR 433.153 and
433.154.
SB1, s. 1753
8Section
1753. 49.89 (7) (d) 2. of the statutes is amended to read: