LRB-2710/1
EHS/PJH/TJD:all:cs
2015 - 2016 LEGISLATURE
October 14, 2015 - Introduced by Senators Petrowski, Darling and Olsen,
cosponsored by Representatives Neylon, Ballweg, A. Ott and Rodriguez.
Referred to Committee on Judiciary and Public Safety.
SB317,3,11 1An Act to repeal 20.437 (1) (d), 20.437 (1) (da), 20.437 (1) (me), 20.437 (2) (kp),
220.437 (2) (pz), 46.46, 48.563 (14m), 48.565 (2) (am), 48.565 (2) (c), 48.567 and
348.983 (6) (d) 2.; to renumber and amend 48.565 (intro.) (except 48.565
4(title)), 48.565 (3) and 48.565 (6); to consolidate, renumber and amend
548.983 (6) (d) (title) and 1.; to amend 20.435 (8) (mb), 20.435 (8) (mm), 20.437
6(1) (b), 20.437 (1) (km), 20.437 (1) (m), 20.437 (1) (ma), 20.437 (1) (mc), 20.437
7(1) (md), 20.437 (1) (n), 20.437 (1) (na), 20.437 (2) (dz), 20.437 (2) (ja), 20.437 (2)
8(md), 20.437 (3) (kp), 20.437 (3) (mm), 48.07 (3), 48.207 (2) (a), 48.207 (2) (b),
948.21 (3) (f), 48.21 (5) (b) 1. d., 48.21 (5) (b) 1m., 48.21 (5) (b) 2m., 48.21 (5) (b)
103., 48.21 (5) (e) 2. (intro.), 48.24 (5), 48.275 (2) (d) 1., 48.275 (2) (d) 2., 48.295 (1),
1148.30 (6) (c), 48.31 (7) (c), 48.32 (1) (b) 1. b., 48.32 (1) (b) 1. d., 48.32 (1) (b) 1m.,
1248.32 (1) (b) 2., 48.33 (4) (c), 48.33 (4) (d) 1., 48.335 (3g) (b), 48.335 (6), 48.345
13(4) (b), 48.345 (4) (bm), 48.345 (12) (b), 48.345 (12) (c), 48.345 (13) (a), 48.345 (13)
14(b), 48.345 (14) (a), 48.347 (5) (a), 48.347 (5) (b), 48.347 (6) (a), 48.355 (2) (b) 4m.,

148.355 (2) (b) 6., 48.355 (2) (b) 6g., 48.355 (2) (b) 6p., 48.355 (2) (b) 6r., 48.355
2(2) (c), 48.355 (2) (cm) 1., 48.355 (2b) (b), 48.355 (2c) (a) (intro.), 48.355 (2c) (b),
348.355 (2d) (b) (intro.), 48.357 (1) (c) 2m., 48.357 (2m) (bm), 48.357 (2v) (a) 1m.,
448.357 (2v) (a) 2m., 48.357 (2v) (d) 1., 48.357 (5m) (b), 48.36 (2), 48.363 (1) (d),
548.38 (5) (am), 48.428 (2) (a), 48.428 (2) (b), 48.545 (2) (a) (intro.), 48.563 (1) (b),
648.563 (2) (title), 48.563 (4), 48.565 (2) (a), 48.565 (2) (b), 48.569 (1) (d), 48.57
7(1) (e), 48.57 (1) (hm), 48.57 (2m), 48.57 (3m) (am) (intro.), 48.57 (3m) (ap) 1.,
848.57 (3m) (ap) 3., 48.57 (3m) (b) 1., 48.57 (3m) (c), 48.57 (3m) (d), 48.57 (3m)
9(g) 2. (intro.), 48.57 (3m) (h), 48.57 (3n) (am) (intro.), 48.57 (3n) (ap) 1., 48.57 (3n)
10(ap) 3., 48.57 (3n) (ar) (intro.), 48.57 (3n) (b) 1., 48.57 (3n) (c), 48.57 (3n) (d),
1148.57 (3n) (g) 2. (intro.), 48.57 (3n) (h), 48.57 (3p) (b) 1., 48.57 (3p) (b) 2., 48.57
12(3p) (b) 3., 48.57 (3p) (c) 1., 48.57 (3p) (c) 2., 48.57 (3p) (c) 2m., 48.57 (3p) (c) 3.,
1348.57 (3p) (d), 48.57 (3p) (e) (intro.), 48.57 (3p) (fm) 1., 48.57 (3p) (fm) 1m., 48.57
14(3p) (fm) 2., 48.57 (3p) (fm) 2m., 48.57 (3p) (g) (intro.), 48.57 (3p) (g) 3., 48.57 (3p)
15(h) 2., 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h) 4., 48.57 (3p) (hm), 48.57 (3p) (i),
1648.57 (3p) (j), 48.58 (intro.), 48.59 (1), 48.651 (1) (intro.), 48.651 (2), 48.651 (2c)
17(a), 48.651 (2m), 48.651 (3) (a), 48.651 (3) (b), 48.658 (4) (a), 48.685 (4m) (a)
18(intro.), 48.685 (4m) (ad), 48.685 (5) (a), 48.685 (5m), 48.685 (6) (a), 48.75 (1b),
1948.75 (1g) (a) 4., 48.831 (4) (c), 48.839 (4) (b), 48.88 (2) (c), 48.981 (1) (ag), 48.981
20(3) (a) 1., 48.981 (3) (a) 2. (intro.), 48.981 (3) (a) 2d., 48.981 (3) (c) 2. a., 48.981
21(3) (c) 2m. a., 48.981 (3) (c) 3., 48.981 (3) (c) 4., 48.981 (3) (c) 5m., 48.981 (3) (c)
225r., 48.981 (3) (c) 7., 48.981 (3) (cm), 48.981 (3) (d) 1., 48.981 (3) (d) 2., 48.981
23(3m) (b) (intro.), 48.981 (5), 48.981 (7) (a) 5., 48.981 (7) (a) 6., 48.981 (7) (a) 6m.,
2448.981 (7) (a) 15., 48.981 (7) (cr) 3. a., 48.981 (8) (a), 48.981 (8) (c), 48.982 (6)
25(am), 48.983 (1) (b) 1. c., 48.983 (2) (a), 48.983 (2) (b), 48.983 (2) (c), 48.983 (3),

148.983 (4) (am), 48.983 (4) (b) 1., 48.983 (4) (b) 3., 48.983 (5), 48.983 (6) (intro.),
248.983 (6) (a) (intro.), 48.983 (6) (a) 3., 48.983 (6) (a) 5., 48.983 (6) (b) 4., 48.983
3(6) (g), 48.983 (6g) (b), 48.983 (7) (ag), 48.983 (7) (ar), 48.983 (7) (c) (intro.),
448.983 (8), 49.143 (6), 49.155 (3g) (intro.), 49.175 (1) (u), 49.195 (4) (b) 2., 49.34
5(5m) (em), 49.343 (5) (intro.), 49.45 (25) (b), 49.71 (2), 49.72 (2), 49.826 (1) (a),
649.84 (7) (c) 3., 49.855 (4m) (c), 253.15 (4) (b), 767.41 (3) (a), 767.75 (1f), 767.75
7(3m), 971.37 (title) and 971.37 (1m) (c) 1. (intro.); and to create 48.565 (8) of the
8statutes; relating to: child support income withholding orders, deferred
9prosecution agreements, determining the amount of a home visitation program
10grant, modifications to the references to Milwaukee County by population,
11modifications to certain appropriations, and making an appropriation.
Analysis by the Legislative Reference Bureau
courts and procedure
Domestic relations
Under current law, a court order for child or family support or maintenance
generally sets forth a dollar amount that the payer is obligated to pay. However,
under current law, the parties may stipulate that a child or family support or
maintenance obligation may be calculated as a percentage of the payer's income.
Under the bill, regardless of whether the parties have stipulated that the child
or family support or maintenance obligation may be calculated as a percentage of the
payer's income, an order that assigns the payer's income, including certain benefits
he or she receives, to satisfy the support obligation must set forth a dollar amount
that is assigned.
Other courts and procedure
Current law allows a district attorney to enter into a deferred prosecution
agreement with a defendant who is charged, or who may be charged, with certain
crimes related to domestic abuse or to child sexual abuse against a child who is
related to or who lived with the person, or over whom the person had guardianship,
custody, power, or authority. Generally, in a deferred prosecution agreement, the
district attorney agrees to dismiss a charge or not file a charge if the defendant
complies with specified conditions, such as paying restitution to the victim or
completing counseling or treatment.
Current law allows a deferred prosecution agreement to include, as a condition
of the agreement, that the person pay a domestic abuse surcharge and, under certain

circumstances, a global positioning surcharge, if he or she faces charges of child
sexual abuse and he or she is either a close relative of the alleged victim or is a
guardian or legal custodian of the alleged victim.
Under this bill, a deferred prosecution agreement may include, as a condition
of the agreement, that the person pay the domestic abuse surcharge and, if
applicable, a global positioning surcharge, if he or she is an adult who faces charges
of any of the crimes related to domestic abuse against an adult that may be subject
to a deferred prosecution agreement.
health and human services
Children
Under current law, if, after distributing money to counties for children and
family services, there is an amount allocated for that purpose that is left over and
that is in excess of the amount received by the federal government for foster care and
transitional independent living programs and adoption assistance for children with
special needs, the Department of Children and Families (DCF) must carry forward
and distribute not less than 50 percent of that excess amount. DCF must distribute
this excess amount to counties other than Milwaukee County that are making good
faith efforts to implement the statewide automated child welfare information system
for services and projects to assist children and families. Current law also generally
requires counties to use not less than 50 percent of these moneys for services for
children who are at risk of abuse or neglect to prevent the need for child abuse and
neglect intervention services. This bill eliminates the requirement that DCF carry
forward and distribute excess federal money.
Under current law, a county must match funds received from DCF for children
and family services, in an amount specified annually by DCF, using county tax levies,
federal and state revenue sharing funds, or private donations to the county that meet
certain requirements. Current law prohibits a county from using private donations
to make up more than 25 percent of the total county match. This bill removes the
restriction on using private donations in the total county match.
Current law requires each county department of social services or human
services (county department) to submit its final budget to DCF for services directly
provided by or purchased from DCF (DCF service budget) by December 31 each year.
Current law also requires DCF, under certain circumstances, to distribute, allocate,
and carry forward funds for children and family services to county departments and
tribal governing bodies. Current law requires each county department and tribal
governing body to submit to DCF a proposed budget for the expenditure of these
funds (children and family aids budget) before December 1 of each year. This bill
eliminates the requirement to submit a children and family aids budget, but does not
eliminate the requirement to submit a DCF service budget.
Current law requires DCF, at the request of a county, tribal governing body, or
private nonprofit organization, to carry forward up to 3 percent of the total amount
allocated to the county, tribal governing body, or private nonprofit organization for
children and family services for a calendar year. This bill eliminates the authority
of DCF to carry forward amounts allocated to a tribal governing body or private
nonprofit organization for children and family services for a calendar year.

Current law allows DCF to carry forward up to 10 percent of allocated children
and family services funds, less any amount carried forward as requested, for
emergencies, justifiable costs above planned levels, and increased costs due to
population shifts. This bill instead requires DCF, at a county's request, to carry
forward up to 10 percent of those funds for emergencies or other circumstances that
DCF agrees were unforeseen when the original allocation to the county was made.
In addition, this bill requires any children and family services funds carried forward
from one calendar year to the next to be used for children and family services and not
general county administrative costs. The bill also prohibits any amount of funds
carried forward from affecting the determination of a county's share of the children
and family services funding allocated for a calendar year.
Under current law, DCF provides grants to certain counties, private agencies,
and Indian tribes to fund home visitation programs. In a home visitation program,
pregnant women who are eligible for Medical Assistance (MA) are offered an
opportunity to undergo a risk assessment to determine whether they present risk
factors for poor birth outcomes or for perpetrating child abuse or neglect. A person
who is assessed to be at risk of poor birth outcomes or of abusing or neglecting his
or her child is offered home visitation program services that begin during the
prenatal period and may continue up until the child reaches five years of age. This
bill allows DCF to provide these grants to cities as well.
Also under current law, DCF determines the amount of a home visitation
program grant awarded to a county, private agency, or Indian tribe based on a
formula that determines need based on the number of births that are funded by MA
in the county, service area of the private agency, or reservation of the tribe and on the
rate of poor birth outcomes, including infant mortality, premature births, low birth
weights, and racial or ethnic disproportionality in the rates of those outcomes in that
county, service area, or reservation. This bill changes how DCF determines the
amount of a home visitation program grant by requiring the amount to be based on
the need of the county, city, private agency, or Indian tribe and its capacity to
participate in the home visitation program.
Various statutes are limited in application to Milwaukee County by references
to "a county that has a population of 500,000 or more." Because of population
increases in the state, this bill changes certain of those references that relate to
children or DCF or Department of Health Services (DHS) responsibilities to "a
county that has a population of 750,000 or more" so that those statutes continue to
apply only to Milwaukee County.
Medical Assistance
Under current law, certain federal MA moneys that are received in
reimbursement of the cost of providing targeted case management services to
children whose care is not eligible for reimbursement under Title IV-E of the federal
Social Security Act (Title IV-E) are appropriated to DHS, transferred to DCF, and
used to support the costs of augmenting the amount of moneys received under Title
IV-E and of implementing the statewide automated child welfare information
system and to provide services to children and families. This bill eliminates the
transfer of MA moneys from DHS to DCF for these purposes and eliminates the

requirement that DCF support the costs of augmenting the moneys received under
Title IV-E.
Other health and human services
Under current law, the state receives federal moneys as a result of a contract
in conjunction with the federal Medicare and Medicaid programs (income
augmentation funds). DHS is required to distribute a certain portion of these income
augmentation funds to certain counties receiving community aids for providing
community social, mental health, developmental disabilities, and alcohol and other
drug abuse services. This bill eliminates the statutory requirements on spending
income augmentation funds by DHS.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB317,1 1Section 1. 20.435 (8) (mb) of the statutes is amended to read:
SB317,6,112 20.435 (8) (mb) Income augmentation services receipts. All moneys that are
3received under 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v as the result of
4income augmentation activities for which the state has contracted, to be used as
5provided in s. 46.46; and all moneys that are received under 42 USC 1396 to 1396v
6in reimbursement of the cost of providing targeted case management services to
7children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to
8be transferred to the appropriation account under s. 20.437 (3) (kp)
, 2013 stats. All
9moneys received under this paragraph in excess of the moneys necessary to support
10the costs specified in ss. s. 46.46 and 48.567, 2013 stats., shall be deposited in the
11general fund as a nonappropriated receipt.
SB317,2 12Section 2. 20.435 (8) (mm) of the statutes is amended to read:
SB317,7,1113 20.435 (8) (mm) Reimbursements from federal government. All moneys
14received from the federal government, other than moneys described under ss. s.
1546.46, 2013 stats., and ss. 49.45 (6u), and 49.49, that are intended to reimburse the

1state for expenditures in previous fiscal years from general purpose revenue
2appropriations whose purpose includes a requirement to match or secure federal
3funds and that exceeded in those fiscal years the estimates reflected in the intentions
4of the legislature and governor, as expressed by them in the budget determinations,
5and the joint committee on finance, as expressed by the committee in any
6determinations, and the estimates approved for expenditure by the secretary of
7administration under s. 16.50 (2), for the purpose of paying federal disallowances,
8federal sanctions or penalties and the costs of any corrective action affecting the
9department of health services. Notwithstanding s. 20.001 (3) (c), at the end of each
10fiscal year, the amount determined by the department of administration under s.
1116.54 (12) (d) shall lapse to the general fund.
SB317,3 12Section 3. 20.437 (1) (b) of the statutes is amended to read:
SB317,8,413 20.437 (1) (b) Children and family aids payments. The amounts in the schedule
14for services for children and families under s. 48.563, for reimbursement to counties
15having a population of less than 500,000 750,000 for the cost of court attached intake
16services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22, and for foster
17care and subsidized guardianship care under ss. 48.645 and 49.19 (10). Social
18services disbursements under s. 49.32 (2) (b) may be made from this appropriation.
19Refunds received relating to payments made under s. 49.32 (2) (b) for the provision
20of services for which moneys are appropriated under this paragraph shall be
21returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the
22department of children and families may transfer funds between fiscal years under
23this paragraph. The department shall deposit into this appropriation funds it
24recovers under s. 48.569 (2) (b), from prior fiscal year audit adjustments. Except for
25amounts authorized to be carried forward under s. 48.565, all funds recovered under

1s. 48.569 (2) (b) and all funds allocated under s. 48.563 and not spent or encumbered
2by December 31 of each year shall lapse to the general fund on the succeeding
3January 1 unless carried forward to the next calendar year by the joint committee
4on finance.
SB317,4 5Section 4. 20.437 (1) (d) of the statutes is repealed.
SB317,5 6Section 5. 20.437 (1) (da) of the statutes is repealed.
SB317,6 7Section 6. 20.437 (1) (km) of the statutes is amended to read:
SB317,8,118 20.437 (1) (km) Interagency and intra-agency aids; children and family aids;
9local assistance.
All moneys transferred from the appropriation accounts account
10under sub. (2) (md) and s. 20.435 (7) (o), for services for children and families under
11s. 48.563.
SB317,7 12Section 7. 20.437 (1) (m) of the statutes is amended to read:
SB317,8,1513 20.437 (1) (m) Federal project operations. All moneys received from the federal
14government or any of its agencies for the state administration of specific limited term
15projects to be expended for the such purposes specified.
SB317,8 16Section 8. 20.437 (1) (ma) of the statutes is amended to read:
SB317,8,1917 20.437 (1) (ma) Federal project aids. All moneys received from the federal
18government or any of its agencies for specific limited term projects to be expended
19as aids to individuals or organizations for the such purposes specified.
SB317,9 20Section 9. 20.437 (1) (mc) of the statutes is amended to read:
SB317,8,2421 20.437 (1) (mc) Federal block grant operations. Except as provided in sub. (2)
22(mc) and (mg), all block grant moneys received from the federal government or any
23of its agencies for the state administration of federal block grants , for the such
24purposes specified.
SB317,10 25Section 10. 20.437 (1) (md) of the statutes is amended to read:
SB317,9,4
120.437 (1) (md) Federal block grant aids. Except as provided in par. (mc) and
2sub. (2) (md) and (mg), all block grant moneys received from the federal government
3or any of its agencies to be expended as local assistance or aids to individuals or
4organizations, for such purposes.
SB317,11 5Section 11. 20.437 (1) (me) of the statutes is repealed.
SB317,12 6Section 12. 20.437 (1) (n) of the statutes is amended to read:
SB317,9,107 20.437 (1) (n) Federal program operations. All Except as provided in pars. (m),
8(mc), and (mw), all
moneys received from the federal government or any of its
9agencies
for the state administration of continuing programs to be expended under
10this subsection,
for the such purposes specified.
SB317,13 11Section 13. 20.437 (1) (na) of the statutes is amended to read:
SB317,9,1512 20.437 (1) (na) Federal program aids. All Except as provided in pars. (ma),
13(md), and (mx), all
moneys received from the federal government or any of its
14agencies for continuing programs to be expended as aids to individuals or
15organizations, for the such purposes specified.
SB317,14 16Section 14. 20.437 (2) (dz) of the statutes is amended to read:
SB317,9,2517 20.437 (2) (dz) Temporary Assistance for Needy Families programs;
18maintenance of effort.
The amounts in the schedule for administration and benefit
19payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program
20under s. 49.26, and the work experience program for noncustodial parents under s.
2149.36; for payments to local governments, organizations, tribal governing bodies,
22and Wisconsin Works agencies; for kinship care and long-term kinship care
23assistance as specified under s. 49.175 (1) (s); for aid payments and local
24administration with respect to any services or program specified under s. 49.175 (1);

25and for emergency assistance for families with needy children under s. 49.138.

1Payments may be made from this appropriation account for any contracts under s.
249.845 (4) and for any fraud investigation and error reduction activities under s.
349.197 (1m). Moneys appropriated under this paragraph may be used to match
4federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002
5(1), the department may transfer funds between fiscal years under this paragraph.
6Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services
7shall credit to this appropriation account funds for the purposes of this appropriation
8that the department transfers from the appropriation account under s. 20.435 (5)
9(bc). All funds allocated by the department but not encumbered by December 31 of
10each year lapse to the general fund on the next January 1 unless transferred to the
11next calendar year by the joint committee on finance.
SB317,15 12Section 15. 20.437 (2) (ja) of the statutes is amended to read:
SB317,11,213 20.437 (2) (ja) Child support state operations — fees and, reimbursements , and
14collections
. All moneys received from fees charged under s. 49.22 (8), from fees
15ordered or otherwise owed under s. 767.57 (1e) (a), from fees collected under ss.
1649.854 (11) (b) and 767.57 (1e) (b) 1m. and (c), from reimbursements under s. 108.13
17(4) (f), from fees charged and incentive payments and collections retained under s.
1849.22 (7m), and under s. 49.855 (4) or (4m) from the department of revenue or the
19department of administration that were withheld by the department of revenue or
20the internal revenue service or the department of administration for unpaid fees
21ordered or otherwise owed under s. 767.57 (1e) (a), for costs associated with receiving
22and disbursing support and support-related payments, including any contract costs,
23and for administering the program under s. 49.22 and all other purposes specified
24in s. 49.22; and all moneys received under s. 49.855 (4m) from the department of
25administration that were withheld for child support, family support, maintenance,

1medical expenses, or birth expenses, to be distributed in accordance with state law
2and federal regulations
.
SB317,16 3Section 16. 20.437 (2) (kp) of the statutes is repealed.
SB317,17 4Section 17. 20.437 (2) (md) of the statutes is amended to read:
SB317,11,135 20.437 (2) (md) Federal block grant aids. The amounts in the schedule for aids
6to individuals or organizations and to be transferred to the appropriation accounts
7under sub. (1) (km) and ss. 20.435 (4) (kz), (6) (kx), (7) (ky), and (8) (kx) and 20.835
8(2) (kf). All block grant moneys received for these purposes from the federal
9government or any of its agencies shall be credited to this appropriation account. The
10department may credit to this appropriation account the amount of any returned
11check, or payment in other form, that is subject to expenditure in the same contract
12period in which the original payment attempt was made, regardless of the fiscal year
13in which the original payment attempt was made.
SB317,18 14Section 18. 20.437 (2) (pz) of the statutes is repealed.
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