SB40: Bill Text

SB40,780,18 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, s. 1709 Section 1709. 49.854 (5) (e) of the statutes is amended to read:

SB40,781,3 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, s. 1710 Section 1710. 49.854 (11) (b) of the statutes is amended to read:

SB40,781,10 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, s. 1711 Section 1711. 49.855 (1) of the statutes is amended to read:

SB40,781,20 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, s. 1712 Section 1712. 49.855 (2r) of the statutes is created to read:

SB40,781,24 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, s. 1713 Section 1713. 49.855 (3) of the statutes is amended to read:

SB40,782,25 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, s. 1714 Section 1714. 49.855 (4) (a) of the statutes is amended to read:

SB40,783,13 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, s. 1715 Section 1715. 49.855 (4) (b) of the statutes is amended to read:

SB40,783,24 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, s. 1716 Section 1716. 49.855 (4m) (b) of the statutes is amended to read:

SB40,785,5 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, s. 1717 Section 1717. 49.855 (4m) (c) of the statutes is amended to read:

SB40,785,16 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, s. 1718 Section 1718. 49.855 (5) of the statutes is amended to read:

SB40,785,22 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, s. 1719 Section 1719. 49.856 (1) (b) of the statutes is amended to read:

SB40,785,25 49.856 (1) (b) "Department" means the department of workforce development children and families.

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

SB40,786,2 49.857 (1) (cf) "Department" means the department of children and families.

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

SB40,786,6 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, s. 1722 Section 1722. 49.857 (2) (a) of the statutes is amended to read:

SB40,786,15 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, s. 1723 Section 1723. 49.857 (2) (b) (intro.) of the statutes is amended to read:

SB40,786,21 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, s. 1724 Section 1724. 49.857 (2) (b) 2. (intro.) of the statutes is amended to read:

SB40,786,24 49.857 (2) (b) 2. (intro.) Procedures that the department of workforce development shall use for doing all of the following:

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

SB40,787,8 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, s. 1726 Section 1726. 49.857 (2) (b) 3. c. of the statutes is amended to read:

SB40,787,24 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, s. 1727 Section 1727. 49.857 (2) (b) 5. of the statutes is amended to read:

SB40,788,4 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, s. 1728 Section 1728. 49.857 (3) (a) (intro.) of the statutes is amended to read:

SB40,788,11 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, s. 1729 Section 1729. 49.857 (3) (a) 4. of the statutes is amended to read:

SB40,788,17 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.

SB40, s. 1730 Section 1730. 49.857 (3) (ac) 1. of the statutes is amended to read:

SB40,788,25 49.857 (3) (ac) 1. If an individual timely requests a hearing under par. (a) 5., the court shall schedule a hearing within 10 business days after receiving the request. A circuit court commissioner may conduct the hearing. The only issues at the hearing shall be whether the individual is delinquent in making court-ordered payments of support and whether any alternative payment arrangement offered by the department of workforce development or the county child support agency is reasonable.

SB40, s. 1731 Section 1731. 49.857 (3) (ac) 2. of the statutes is amended to read:

SB40,789,7 49.857 (3) (ac) 2. If at a hearing under subd. 1. the court or circuit court commissioner finds that the individual does not owe delinquent support, or if within 20 business 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 may not place the individual's name on a certification list.

SB40, s. 1732 Section 1732. 49.857 (3) (ac) 3. of the statutes is amended to read:

SB40,789,15 49.857 (3) (ac) 3. If at a hearing under subd. 1. the court or circuit court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or circuit court commissioner may order for the individual an alternative payment arrangement. If the court or circuit court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.

SB40, s. 1733 Section 1733. 49.857 (3) (am) (intro.) of the statutes is amended to read:

SB40,789,23 49.857 (3) (am) (intro.) 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:

SB40, s. 1734 Section 1734. 49.857 (3) (am) 4. of the statutes is amended to read:

SB40,790,5 49.857 (3) (am) 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.

SB40, s. 1735 Section 1735. 49.857 (3) (ar) 1. of the statutes is amended to read:

SB40,790,13 49.857 (3) (ar) 1. If an individual timely requests a hearing under par. (am) 5., the court shall schedule a hearing within 10 business days after receiving the request. A circuit court commissioner may conduct the hearing. The only issues at the hearing shall be whether the individual is delinquent in making court-ordered payments of support and whether any alternative payment arrangement offered by the department of workforce development or the county child support agency is reasonable.

SB40, s. 1736 Section 1736. 49.857 (3) (ar) 2. of the statutes is amended to read:

SB40,790,20 49.857 (3) (ar) 2. If at a hearing under subd. 1. the court or circuit court commissioner finds that the individual does not owe delinquent support, or if within 20 business 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.

SB40, s. 1737 Section 1737. 49.857 (3) (ar) 3. of the statutes is amended to read:

SB40,791,3 49.857 (3) (ar) 3. If at a hearing under subd. 1. the court or circuit court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or circuit court commissioner may order for the individual an alternative payment arrangement. If the court or circuit court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.

SB40, s. 1738 Section 1738. 49.857 (3) (b) (intro.) of the statutes is amended to read:

SB40,791,13 49.857 (3) (b) (intro.) 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 a licensing authority 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:

SB40, s. 1739 Section 1739. 49.857 (3) (bm) of the statutes is amended to read:

SB40,791,17 49.857 (3) (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.

SB40, s. 1740 Section 1740. 49.857 (3) (c) (intro.) of the statutes is amended to read:

SB40,791,25 49.857 (3) (c) (intro.) If the department of workforce development children and families provides a certification list to a licensing authority, 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 licensing authority if the licensing authority agrees, the licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing shall do all of the following:

SB40, s. 1741 Section 1741. 49.857 (3) (d) 1. of the statutes is amended to read:

SB40,792,13 49.857 (3) (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 children and families shall immediately notify the licensing authority 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 children and families, notify the credentialing board to grant or reinstate the individual's credential.

SB40, s. 1742 Section 1742. 49.857 (3) (d) 2. of the statutes is amended to read:

SB40,793,2 49.857 (3) (d) 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 children and families shall immediately notify the licensing authority 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 children and families, notify the credentialing board to grant or reinstate the individual's credential.

SB40, s. 1743 Section 1743. 49.857 (4) of the statutes is amended to read:

SB40,793,10 49.857 (4) Each licensing agency shall enter into a memorandum of understanding with the department of workforce development children and families under sub. (2) (b) and shall cooperate with the department of workforce development children and families 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 children and families on behalf of a credentialing board with respect to a credential granted by the credentialing board.

SB40, s. 1744 Section 1744. 49.858 (1) of the statutes is renumbered 49.858 (1) (intro.) and amended to read:

SB40,793,13 49.858 (1) (intro.) In this section, "support":

SB40,793,14 (b) "Support" has the meaning given in s. 49.857 (1) (g).

SB40, s. 1745 Section 1745. 49.858 (1) (a) of the statutes is created to read:

SB40,793,16 49.858 (1) (a) "Department" means the department of children and families.

SB40, s. 1746 Section 1746. 49.858 (2) (intro.) of the statutes is amended to read:

SB40,793,20 49.858 (2) Rules. (intro.) For the procedures under this subchapter for the administrative enforcement of support obligations, the department of workforce development shall promulgate rules related to all of the following:

SB40, s. 1747 Section 1747. 49.858 (3) of the statutes is amended to read:

SB40,794,2 49.858 (3) Review of circuit court commissioner decisions. If a circuit court commissioner conducts a hearing in any administrative support enforcement proceeding under s. 49.852, 49.856 or 49.857, the department of workforce development or the obligor may, within 15 business days after the date that the circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the matter.

SB40, s. 1748 Section 1748. 49.86 of the statutes is renumbered 49.86 (2) and amended to read:

SB40,794,16 49.86 (2) Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of workforce development or any of its divisions or agencies shall be by check, share draft, or other draft signed by the secretary of workforce development or by one or more persons in the department of workforce development designated by written authorization of the secretary of workforce development. Such checks, share drafts, and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of workforce development or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft, or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of workforce development or his or her designees.

SB40, s. 1749 Section 1749. 49.86 (1) of the statutes is created to read:

SB40,794,18 49.86 (1) In this section:

SB40,794,19 (a) "Department" means the department of children and families.

SB40,794,20 (b) "Secretary" means the secretary of children and families.

SB40, s. 1750 Section 1750. 49.89 (2) of the statutes is amended to read:

SB40,795,11 49.89 (2) Subrogation. The department of health and family services, the department of workforce development children and families, a county, or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness , or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary, or estate against the 3rd party. Subrogation under this subsection because of the provision of medical assistance under subch. IV constitutes a lien, equal to the amount of the medical assistance provided as a result of the injury, sickness, or death that gave rise to the claim. The lien is on any payment resulting from a judgment or settlement that may be due the obligor. A lien under this subsection continues until it is released and discharged by the department of health and family services.

SB40, s. 1751 Section 1751. 49.89 (6) of the statutes is amended to read: