1995 Wisconsin Act 404

404,260 Section 260 . 767.51 (4m) of the statutes is amended to read:

767.51 (4m) Except as provided in sub. (5), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.22 (9).

404,261 Section 261 . 767.52 (3) of the statutes is amended to read:

767.52 (3) This section does not prevent an attorney responsible for support enforcement under s. 59.458 (1) or any other attorney employed under s. 46.25 49.22 or 59.07 (97) from appearing in any paternity action as provided under s. 767.45 (6).

404,262 Section 262 . 767.53 (2) of the statutes is amended to read:

767.53 (2) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

404,263 Section 263 . 769.31 (1) of the statutes is amended to read:

769.31 (1) The department of health and social services industry, labor and job development is the state information agency under this chapter.

404,264 Section 264 . 949.08 (2) (g) of the statutes is amended to read:

949.08 (2) (g) Has been certified to the department under s. 46.255 49.855 (7) as being delinquent in child support or maintenance payments or as owing past support, medical expenses or birth expenses.

404,265 Section 265 . 978.06 (6) of the statutes is amended to read:

978.06 (6) No district attorney, deputy district attorney or assistant district attorney may appear in a civil action or proceeding under s. 46.25 49.22 (7), 59.07 (97), 767.075, 767.08 or 767.45 or ch. 769.

404,266 Section 266 . Nonstatutory provisions; health and family services.

(1) Transfer of child support and paternity programs.

(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of health and family services that are primarily related to the programs in sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and job development.

(b) Position and employe transfers.

1. On the effective date of this subdivision, 5.73 FTE GPR positions in the department of health and family services funded from the appropriation under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of industry, labor and job development to be funded from the appropriation under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995.

2. On the effective date of this subdivision, 13.26 FTE GPR positions in the department of health and family services funded from the appropriation under section 20.435 (3) (cc) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of industry, labor and job development to be funded from the appropriation under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995.

3. On the effective date of this subdivision, 0.5 FTE GPR position in the department of health and family services funded from the appropriation under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of health and family services to be funded from the appropriation under section 20.435 (1) (a) of the statutes, as affected by the acts of 1995.

4. On the effective date of this subdivision, 0.5 FTE PR position in the department of health and family services funded from the appropriation under section 20.435 (3) (kx) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of health and family services, and the position becomes 0.5 FTE FED position to be funded from the appropriation under section 20.435 (1) (n) of the statutes, as affected by the acts of 1995.

5. On the effective date of this subdivision, 2.89 FTE PR positions in the department of health and family services funded from the appropriation under section 20.435 (3) (ja) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of industry, labor and job development to be funded from the appropriation under section 20.445 (3) (ja) of the statutes, as affected by the acts of 1995.

6. On the effective date of this subdivision, 42.12 FTE FED positions in the department of health and family services funded from the appropriation under section 20.435 (3) (n) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of industry, labor and job development to be funded from the appropriation under section 20.445 (3) (n) of the statutes, as affected by the acts of 1995.

7. On the effective date of this subdivision, 0.34 FTE GPR position in the department of health and family services funded from the appropriation under section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of industry, labor and job development, and the position becomes 0.34 FTE PR position to be funded from the appropriation under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995.

8. On the effective date of this subdivision, 21.5 FTE PR positions in the department of health and family services funded from the appropriation under section 20.435 (8) (k) of the statutes, as affected by the acts of 1995, and the incumbent employes holding those positions are transferred to the department of industry, labor and job development to be funded from the appropriation under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995.

9. On the effective date of this subdivision, 0.66 FTE FED position in the department of health and family services funded from the appropriation under section 20.435 (8) (n) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of industry, labor and job development, and the position becomes 0.66 FTE PR position to be funded from the appropriation under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995.

10. On the effective date of this subdivision, 1.0 FTE FED position in the department of health and family services funded from the appropriation under section 20.435 (8) (pz) of the statutes, as affected by the acts of 1995, and the incumbent employe holding that position is transferred to the department of industry, labor and job development, and the position becomes 1.0 FTE PR position to be funded from the appropriation under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995.

(c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of industry, labor and job development that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the programs in sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of industry, labor and job development.

(e) Contracts. All contracts entered into by the department of health and social services in effect on the effective date of this paragraph, that are primarily related to the programs in sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of industry, labor and job development. The department of industry, labor and job development shall carry out any such contractual obligations until modified or rescinded by the department of industry, labor and job development to the extent allowed under the contracts.

(f) Rules and orders.

1.  All rules promulgated by the department of health and social services that are in effect on the effective date of this subdivision, and that are primarily related to the programs in sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and job development. All orders issued by the department of health and social services that are in effect on the effective date of this subdivision, and that are primarily related to the programs in sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and job development.

2.  The secretary of health and family services and the secretary of industry, labor and job development shall meet and specify the apportionment of rules and standards, between the 2 departments, with respect to the supervision of employes of county departments under sections 46.215, 46.22 and 46.23 of the statutes with respect to the administration of the programs under sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, in order to effect the intent of this act.

(g) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph, that is primarily related to any of the programs in sections 49.22, 49.23 and 49.855 of the statutes, as affected by this act, is transferred to the department of industry, labor and job development and all materials submitted to or actions taken by the department of health and social services with respect to the pending matter are considered as having been submitted to or taken by the department of industry, labor and job development.

(2) Child care subunit transfer.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to the subunit of the department of health and family services that administers child care programs, as determined by the secretary of administration, shall become the assets and liabilities of the department of industry, labor and job development, except that those assets and liabilities of the department of health and family services primarily related to child care licensing shall remain the assets and liabilities of the department of health and family services.

(b) Employe transfers. On the effective date of this paragraph, 1.5 FTE GPR and 3.5 FTE PR positions having duties primarily related to the administration of child care programs, as determined by the secretary of administration, and the incumbent employes holding those positions are transferred from the department of health and family services to the department of industry, labor and job development.

(c) Employe status. Employes transferred under paragraph (b) to the department of industry, labor and job development have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, in the department of industry, labor and job development that they enjoyed in the subunit of the department of health and family services that administers child care programs before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the subunit of the department of health and family services that administers child care programs, as determined by the secretary of administration, is transferred to the department of industry, labor and job development, except that the tangible personal property, including records, of the department of health and family services primarily related to child care licensing remain in the department of health and family services.

(e) Contracts. All contracts entered into by the department of health and family services primarily related to the subunit of the department of health and family services that administers child care programs in effect on the effective date of this paragraph remain in effect and are transferred to the department of industry, labor and job development, except that those contracts primarily related to child care licensing remain in the department of health and family services. The secretary of industry, labor and job development shall carry out any such contractual obligations, except that the secretary of health and family services shall carry out any contractual obligations primarily related to child care licensing.

(f) Contracts of the subunit of the department of health and family services that administers child care programs. All contracts entered into by the subunit of the department of health and family services that administers child care programs in effect on the effective date of this paragraph remain in effect and are transferred to the department of industry, labor and job development, except those contracts primarily related to child care licensing shall remain in the department of health and family services. The department of industry, labor and job development shall carry out any such contractual obligations, except that the secretary of health and family services shall carry out any contractual obligations primarily related to child care licensing.

(g) Rules and orders. All rules promulgated by the department of health and family services primarily related to the subunit of the department of health and family services that administers child care programs that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of industry, labor and job development, except that those rules promulgated by the department of health and family services primarily related to child care licensing remain in effect until their expiration date or until amended or repealed by the department of health and family services. All orders issued by the department of health and family services primarily related to the subunit of the department of health and family services that administers child care programs that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of industry, labor and child care programs, except that those orders issued by the department of health and job development primarily related to child care licensing remain in effect until their expiration date or until modified or rescinded by the department of health and family services.

(h) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph primarily related to the subunit of the department of health and family services that administers child care programs, except any matter primarily related to child care licensing, is transferred to the department of industry, labor and job development, and all materials submitted to or actions taken by the department of health and family services before the effective date of this paragraph with respect to pending matters, except pending matters primarily related to child care licensing, are considered as having been submitted to or taken by the department of industry, labor and job development.

404,267 Section 267 . Appropriation changes; health and family services.

(1)  Transfer of child support and paternity programs.

(a) There is transferred from the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, to the appropriation to the department of health and family services under section 20.435 (1) (a) of the statutes, as affected by the acts of 1995, $25,300 in fiscal year 1996-97.

(b) There is transferred from the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995, $1,271,700 in fiscal year 1996-97.

(c) On the effective date of this paragraph, the unencumbered balance of the appropriation to the department of health and family services under section 20.435 (3) (cc) of the statutes, as affected by the acts of 1995, is transferred to the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995.

(d) There is transferred from the appropriation to the department of health and family services under section 20.435 (3) (kx) of the statutes, as affected by the acts of 1995, to the appropriation to the department of health and family services under section 20.435 (1) (n) of the statutes, as affected by the acts of 1995, $25,200 in fiscal year 1996-97.

(e) There is transferred from the appropriation to the department of health and family services under section 20.435 (3) (n) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (n) of the statutes, as affected by the acts of 1995, $6,131,600 in fiscal year 1996-97.

(f) There is transferred from the appropriation to the department of health and family services under section 20.435 (3) (nL) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (nL) of the statutes, as affected by the acts of 1995, $39,796,300 in fiscal year 1996-97.

(g) There is transferred from the appropriation to the department of health and family services under section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995, $37,900 in fiscal year 1996-97.

(h) There is transferred from the appropriation to the department of health and family services under section 20.435 (8) (k) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995, $1,218,800 in fiscal year 1996-97.

(i) There is transferred from the appropriation to the department of health and family services under section 20.435 (8) (n) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (n) of the statutes, as affected by the acts of 1995, $73,700 in fiscal year 1996-97.

(j) There is transferred from the appropriation to the department of health and family services under section 20.435 (8) (pz) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995, $51,400 in fiscal year 1996-97.

(k) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (1) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $25,300 for fiscal year 1996-97 to increase funding for the purposes for which the appropriation is made.

(l) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $1,297,000 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

(m) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (8) (a) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $37,900 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

(n) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (8) (k) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $1,218,800 for fiscal year 1996-97 to decrease funding for the purposes for which the appropriation is made.

(2) Community aids. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (7) (b) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $5,163,300 for fiscal year 1996-97 to reflect the deletion of low-income and at-risk child care from community aids funding.

(3) Transfer of child care to department of industry, labor and job development.

(a) There is transferred from the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995, $69,900 in fiscal year 1996-97.

(b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (3) (a) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $69,900 for fiscal year 1996-97 to decrease funding for the administration of child care programs.

(c) There is transferred from the appropriation to the department of health and family services under section 20.435 (6) (a) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995, $27,400 in fiscal year 1996-97.

(d) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (6) (a) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $27,400 for fiscal year 1996-97 to decrease funding for the administration of child care programs.

(e) There is transferred from the appropriation to the department of health and family services under section 20.435 (6) (kx) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (n) of the statutes, as affected by the acts of 1995, $27,500 in fiscal year 1996-97.

(f) There is transferred from the appropriation to the department of health and family services under section 20.435 (6) (mc) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (mc) of the statutes, as affected by the acts of 1995, $1,224,500 in fiscal year 1996-97.

(g) There is transferred from the appropriation to the department of health and family services under section 20.435 (7) (b) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (cp) of the statutes, as affected by the acts of 1995, $5,163,300 in fiscal year 1996-97.

(h) There is transferred from the appropriation to the department of health and family services under section 20.435 (7) (md) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (md) of the statutes, as affected by the acts of 1995, $3,213,100 in fiscal year 1996-97.

(i) There is transferred from the appropriation to the department of health and family services under section 20.435 (7) (o) of the statutes, as affected by the acts of 1995, to the appropriation to the department of industry, labor and job development under section 20.445 (3) (md) of the statutes, as affected by the acts of 1995, $15,928,700 in fiscal year 1996-97.

404,268 Section 268 . Appropriation changes; industry, labor and job development.

(1)  Transfer of child support and paternity programs.

(a) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of industry, labor and job development under section 20.445 (1) (kc) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $1,381,800 for fiscal year 1996-97 to increase funding for the purposes for which the appropriation is made.

(b) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $1,836,500 for fiscal year 1996-97 to increase funding for the purposes for which the appropriation is made.

(2) Child care administration. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of industry, labor and job development under section 20.445 (3) (a) of the statutes, as affected by the acts of 1995, the dollar amount increased by $97,300 for fiscal year 1996-97 to increase funding for the administration of child care programs.

404,269 Section 269 . Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

(1) The amendment of section 49.22 (7) of the statutes takes effect on September 1, 1996.

(2) The amendment of section 20.435 (1) (n) of the statutes and the repeal and recreation of sections 20.445 (3) (n) and (nL) and 46.495 (1) (d), (dc) and (f) of the statutes take effect on July 1, 1997.