1995 Wisconsin Act 404

404,39 Section 39 . 46.25 (title), (1) and (2) of the statutes are renumbered 49.22 (title), (1) and (2), and 49.22 (1), as renumbered, is amended to read:

49.22 (1) There is created a child and spousal support and establishment of paternity and medical liability support program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under ch. 49 this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment program in accordance with state and federal laws, regulations and rules and to assure proper distribution of benefits of all assistance programs authorized under ch. 49 this chapter.

404,40 Section 40 . 46.25 (2m) of the statutes, as affected by 1995 Wisconsin Act 187, is renumbered 49.22 (2m).

404,41 Section 41 . 46.25 (2p) of the statutes, as created by 1995 Wisconsin Act 187, is renumbered 49.22 (2p).

404,42 Section 42 . 46.25 (3) and (4) of the statutes are renumbered 49.22 (3) and (4).

404,43 Section 43 . 46.25 (6) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.22 (6).

404,44 Section 44 . 46.25 (7) of the statutes, as affected by 1995 Wisconsin Act 225, section 98, is repealed.

404,45 Section 45 . 46.25 (7m) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.22 (7m).

404,46 Section 46 . 46.25 (8) and (9) (a) of the statutes are renumbered 49.22 (8) and (9), and 49.22 (8), as renumbered, is amended to read:

49.22 (8) The department may charge other states and counties seeking collection of child and spousal support for any administrative costs it incurs in providing services related to interstate child support collections, the federal parent locator service under 42 USC 653, the interception of unemployment compensation under 42 USC 654 or the withholding of state and federal income tax refunds under s. 46.255 49.855 and 42 USC 664.

404,47 Section 47 . 46.25 (9) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is renumbered 46.247 and amended to read:

46.247 (title) Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate separate rules related to the application of the standard established by the department of industry, labor and job development under par. (a) s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

404,48 Section 48 . 46.25 (11) of the statutes is renumbered 49.22 (11).

404,49 Section 49 . 46.252 of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

404,50 Section 50 . 46.255 (title) of the statutes is renumbered 49.855 (title).

404,51 Section 51 . 46.255 (1) of the statutes, as affected by 1995 Wisconsin Act 279, is renumbered 49.855 (1) and amended to read:

49.855 (1) If a person obligated to provide child support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court or county support collection designee under s. 59.07 (97m), whichever is appropriate, upon application of the county designee under s. 59.07 (97) or the department of industry, labor and job development, shall certify the delinquent payment or outstanding amount to the department of industry, labor and job development.

404,52 Section 52 . 46.255 (2) and (2m) of the statutes are renumbered 49.855 (2) and (2m), and 49.855 (2), as renumbered, is amended to read:

49.855 (2) At least annually, the department of health and social services industry, labor and job development shall provide to the department of revenue the certifications that it receives under sub. (1) and any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

404,53 Section 53 . 46.255 (3) of the statutes, as affected by 1995 Wisconsin Act 279, is renumbered 49.855 (3).

404,54 Section 54 . 46.255 (4) of the statutes, as affected by 1995 Wisconsin Act 279, is renumbered 49.855 (4) and amended to read:

49.855 (4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of health and social services industry, labor and job development for distribution to the appropriate clerk of circuit court or county support collection designee under s. 59.07 (97m). The department of health and social services industry, labor and job development shall make a settlement at least annually with the department of revenue and with each clerk of circuit court or county support collection designee under s. 59.07 (97m) who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court or county support collection designee under s. 59.07 (97m) and the administrative costs incurred by the department of revenue. The department of health and social services industry, labor and job development may charge the county whose clerk of circuit court or county support collection designee under s. 59.07 (97m) certified the obligation or outstanding amount the related administrative costs incurred by the department of health and social services industry, labor and job development and the department of revenue.

404,55 Section 55 . 46.255 (4m) (a) of the statutes is renumbered 49.855 (4m) (a).

404,56 Section 56 . 46.255 (4m) (b) and (c) of the statutes, as affected by 1995 Wisconsin Act 279, are renumbered 49.855 (4m) (b) and (c) and amended to read:

49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (2) or (2m) 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. 45.351 (1), this chapter or ch. 49 46 or 108. 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. 45.351 (1), this chapter or ch. 49 46 or 108, 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 or maintenance order, 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). 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. 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. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 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.

(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 health and social services industry, labor and job development for distribution to the appropriate clerk of court or, county support collection designee under s. 59.07 (97m) or department of health and family services, whichever is appropriate.

404,57 Section 57 . 46.255 (4m) (d) of the statutes is renumbered 49.855 (4m) (d).

404,58 Section 58 . 46.255 (5) and (6) of the statutes, as affected by 1995 Wisconsin Act 279, are renumbered 49.855 (5) and (6), and 49.855 (5), as renumbered, is amended to read:

49.855 (5) Certification of an obligation to the department of health and social services industry, labor and job development does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court or county support collection designee under s. 59.07 (97m), whichever is appropriate, shall immediately notify the department of industry, labor and job development of any collection of an obligation that has been certified by the clerk of court or county support collection designee under s. 59.07 (97m). The department of industry, labor and job development shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.

404,59 Section 59 . 46.255 (7) of the statutes is renumbered 49.855 (7) and amended to read:

49.855 (7) The department of industry, labor and job development may provide a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d) or 949.08 (2) (g).

404,60 Section 60 . 46.258 (title) of the statutes is renumbered 49.23 (title).

404,61 Section 61 . 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.23 (1) and amended to read:

49.23 (1) From the appropriation under s. 20.435 20.445 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

404,62 Section 62 . 46.258 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, section 2160b, is renumbered 49.23 (2) (a) (intro.) and amended to read:

49.23 (2) (a) (intro.) From the appropriation under s. 20.435 20.445 (3) (cb), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:

404,63 Section 63 . 46.258 (2) (a) 1. of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.23 (2) (a) 1.

404,64 Section 64 . 46.258 (2) (a) 2. and 3. and (b) of the statutes are renumbered 49.23 (2) (a) 2. and 3. and (b), and 49.23 (2) (a) 3. and (b), as renumbered, are amended to read:

49.23 (2) (a) 3. Provides for state incentive payments to a county in an amount such that the total of state and federal incentive payments to the county is not more than 5% more than the costs of the county's child support program under s. 46.25 49.22.

(b) A county that receives a state incentive payment under par. (a) may use the funds only to pay the costs of its child support program under s. 46.25 49.22.

404,65 Section 65 . 46.40 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, and to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).

404,66 Section 66 . 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

404,67 Section 67 . 46.45 (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4), 46.98 (2) (a) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 46.495 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

404,68 Section 68 . 46.45 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

404,69 Section 69 . 46.45 (6) of the statutes is amended to read:

46.45 (6) The department may carry forward 10% of any funds not carried forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts.

404,70 Section 70 . 46.49 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.49 (1) Subject to ss. 46.40 (1) (b) and 46.48 (15) (b), if the department receives unanticipated federal community mental health services block grant funds under 42 USC 300x to 300x-9, federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, federal child care grant funds under 42 USC 603 (n), or foster care and adoption assistance payments under 42 USC 670 to 679a or child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

404,71 Section 71 . 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department of health and family services shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. From the appropriations under s. 20.445 (3) (cp), (jg) and (md), the department of industry, labor and job development shall distribute funding for at-risk and low-income child care under s. 49.132 (2) (a). County matching funds are required for the distributions under s. ss. 46.40 (2), (4m) and (8) and 49.132 (2) (a). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

404,72 Section 72 . 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

46.495 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

404,73 Section 73 . 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.495 (1) (dc) The department of health and family services shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available. The department of industry, labor and job development shall prorate the amount allocated by that department to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

404,74 Section 74 . 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

46.495 (1) (dc) The department shall prorate the amount allocated to any county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal funds available.

404,75 Section 75 . 46.495 (1) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

46.495 (1) (f) 1. If any state matching funds allocated by the department of health and family services under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the that department designates. If any state matching funds allocated by the department of industry, labor and job development under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes that department designates.

2. The county allocation to match aid increases shall be included in the contract contracts under s. ss. 46.031 (2g) and 49.325 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract contracts under s. ss. 46.031 (2g) and 49.325 (2g) and approved.

404,76 Section 76 . 46.495 (1) (f) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

46.495 (1) (f) 1. If any state matching funds allocated under par. (d) to match county funds are not claimed, the funds shall be redistributed for the purposes the department designates.

2. The county allocation to match aid increases shall be included in the contract under s. 46.031 (2g) and approved by January 1 of the year for which funds are allocated, in order to generate state aid matching funds. All funds allocated under par. (d) shall be included in the contract under s. 46.031 (2g) and approved.

404,77 Section 77 . 46.979 (title) of the statutes is renumbered 49.131 (title).

404,78 Section 78 . 46.979 (1) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.131 (1).

404,79 Section 79 . 46.979 (2) (intro.) of the statutes is renumbered 49.131 (2) (intro.) and amended to read:

49.131 (2) (intro.) Subject to ss. sub. (4) and s. 16.54 (2) and 46.49 (1), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:

404,80 Section 80 . 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:

46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (4m) 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

404,81 Section 81 . 46.979 (2) (b) 1. of the statutes, as affected by 1995 Wisconsin Act 27, section 2355, is renumbered 49.131 (2) (b) 1. and amended to read:

49.131 (2) (b) 1. From the appropriation under s. 20.435 (3) (kx) 20.445 (3) (mc), distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for the purposes of providing technical assistance for child care providers and of administering the child care programs funded under s. 20.435 (3) (ky) and (7) (b) and (o) 20.445 (3) (cp) and (md).

404,82 Section 82 . 46.979 (2) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (b) 2. and amended to read:

49.131 (2) (b) 2. From the appropriation under s. 20.435 (6) 20.445 (3) (mc) distribute $948,300 in fiscal year 1995-96 and transfer $1,026,800 in fiscal year 1996-97 to the appropriation under s. 20.435 (6) (kx) for the purpose of day care center licensing under s. 48.65.

404,83 Section 83 . 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) (intro.) and amended to read:

49.131 (2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky) 20.445 (3) (md), distribute as follows the federal child care and development block grant funds that are received under 42 USC 9858 and that are not distributed under par. (a) or (b):

404,84 Section 84 . 46.979 (2) (c) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 1. and amended to read:

49.131 (2) (c) 1. For grants under s. 46.986 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, $430,000 in fiscal year 1995-96 and $226,400 in fiscal year 1996-97.

404,85 Section 85 . 46.979 (2) (c) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 2. and amended to read:

49.131 (2) (c) 2. For grants under s. 46.984 49.134 (2) for child day care resource and referral services, $960,000 in fiscal year 1995-96 and $960,000, in fiscal year 1996-97.

404,86 Section 86 . 46.979 (2) (c) 3. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 3. and amended to read:

49.131 (2) (c) 3. For grants under s. 46.987 49.137 (3) to assist child care providers in meeting the quality of care standards established under s. 46.98 49.132 (4) (e) and for a system of rates or a program of grants, as provided under s. 46.98 49.132 (4) (e), to reimburse child care providers that meet those quality of care standards, $1,559,200 in fiscal year 1995-96 and $1,576,700 in fiscal year 1996-97. If an amount distributed under this subdivision will not be fully expended, the department may transfer the unexpended funds to the distribution under subd. 4.

404,87 Section 87 . 46.979 (2) (c) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 49.131 (2) (c) 4. and amended to read:

49.131 (2) (c) 4. For grants under s. 46.987 49.137 (2) and contracts under s. 46.987 49.137 (4) to improve the quality of child day care services in this state, $450,000 in fiscal year 1995-96 and $450,000 in fiscal year 1996-97, plus any amounts that the department transfers to this distribution under subd. 3.

404,88 Section 88 . 46.979 (3) of the statutes is renumbered 49.131 (3).

404,89 Section 89 . 46.98 (title) and (1) (intro.), (ad), (ag) and (am) of the statutes are renumbered 49.132 (title) and (1) (intro.), (ad), (ag) and (am).

404,90 Section 90 . 46.98 (1) (at) of the statutes, as created by 1995 Wisconsin Act 289, is renumbered 49.132 (1) (at).

404,91 Section 91 . 46.98 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 289, is renumbered 49.132 (1) (b).

404,92 Section 92 . 46.98 (1) (bd) and (bf) of the statutes, as created by 1995 Wisconsin Act 289, are renumbered 49.132 (1) (bd) and (bf).