SB40: Bill Text

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:

SB40,795,16 49.89 (6) Departments' duties and powers. The department of health and family services and the department of workforce development children and families shall enforce their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.

SB40, s. 1752 Section 1752. 49.89 (7) (b) of the statutes is amended to read:

SB40,795,21 49.89 (7) (b) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.46, 49.465, 49.468 or, 49.47, or 49.471. The incentive payment shall be taken from the federal share of the sum recovered as provided under 42 CFR 433.153 and 433.154.

SB40, s. 1753 Section 1753. 49.89 (7) (d) 2. of the statutes is amended to read:

SB40,796,3 49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of workforce development children and families within 30 days after the end of the month in which the recovery is made in a manner specified by the department of workforce development children and families.

SB40, s. 1754 Section 1754. 49.895 of the statutes is created to read:

SB40,796,5 49.895 Insurance claim intercept. (1) In this section:

SB40,796,7 (a) "Medical assistance liability" means an amount that the department of health and family services may recover under s. 49.497, 49.847, or 49.89.

SB40,796,9 (b) "Support liability" means an amount that is entered in the statewide support lien docket under s. 49.854.

SB40,796,11 (2) Before paying an insurance claim of $500 or more to any individual, an insurer that is authorized to do business in this state shall do all of the following:

SB40,796,14 (a) Verify with the department of health and family services, in the manner required by the department, whether the individual to whom the claim is to be paid has a medical assistance liability.

SB40,796,16 (b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.

SB40,796,19 (3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:

SB40,796,22 (a) First, if there is a support liability, to the department of workforce development to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

SB40,797,2 (b) Next, if there is a medical assistance liability, to the department of health and family services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.

SB40,797,3 (c) Last, to the individual, the remainder of the claim proceeds, if any.

SB40,797,8 (4) The department of health and family services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

SB40, s. 1755 Section 1755. 49.895 (3) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,797,13 49.895 (3) (a) First, if there is a support liability, to the department of workforce development children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

SB40, s. 1756 Section 1756. 49.90 (2) of the statutes is amended to read:

SB40,797,25 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22, or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and family services or the department of workforce development children and families, whichever is appropriate.

SB40, s. 1757 Section 1757. 49.90 (2g) of the statutes is amended to read:

SB40,798,10 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22, or 46.23, a county child support agency under s. 59.53 (5), or the department of workforce development children and families may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

SB40, s. 1758 Section 1758. 49.90 (4) of the statutes is amended to read:

SB40,799,13 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

SB40, s. 1759 Section 1759. 50.01 (1g) (b) of the statutes is amended to read:

SB40,799,17 50.01 (1g) (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 46.95 49.165 (1) (a), and their children.

SB40, s. 1760 Section 1760. 50.02 (2) (d) of the statutes is renumbered 50.02 (2) (d) (intro.) and amended to read: