LRB-5553/3
PJK&GMM:kg/sg/kf:ch
1995 - 1996 LEGISLATURE
March 21, 1996 - Introduced by Representatives Gard, Huebsch and Harsdorf,
cosponsored by Senator Buettner. Referred to Committee on Rules.
AB1067,3,7
1An Act to repeal 20.435 (3) (cc), 46.03 (7) (b), 46.252, 46.40 (4m), 46.45 (1), 46.98
2(1) (d), 46.98 (4g) (title), 46.98 (4g) (a), 46.98 (4g) (b), (c) and (d), 46.986 (3) (title),
3767.02 (3), 767.085 (1) (g) and 767.085 (5);
to renumber 20.435 (3) (g), 46.25
4(11), 46.258 (title), 46.979 (title), 46.979 (3), 46.98 (title) and (1) (intro.), (ad),
5(ag), (am), (b), (bm) and (c), 46.98 (2) (title), 46.98 (2) (b), 46.98 (2m) (title), 46.98
6(2m) (a), 46.98 (2m) (c) and (d) 1., 46.98 (2m) (d) 2., 46.98 (2r) (title), (a), (b) and
7(d), 46.98 (3) (title), 46.98 (3) (a) and (b), 46.98 (3) (c), 46.98 (4), 46.98 (5), 46.984
8(title), 46.984 (1), 46.984 (2) (title), 46.984 (2) (c) and (d) and (3), 46.984 (4) (a),
946.984 (4) (intro.), (b) and (c), 46.986 (title), 46.986 (1) (intro.), 46.986 (1) (d), (e),
10(g), (j) and (k), 46.986 (1) (n), 46.986 (2) (title), 46.986 (2) (b) and (cm), 46.986
11(6), 46.986 (7), 46.987 (title), 46.987 (1) (intro.), 46.987 (1) (c), 46.987 (2) (title),
1246.987 (2) (b) and (c), 46.987 (3) (title), 46.987 (3) (b), 46.987 (4) (b), 46.987 (4)
13(d) to (h) and (5) and 46.987 (6);
to renumber and amend 16.841 (1), 20.435
14(3) (cb), 20.435 (3) (ja), 20.435 (3) (jg), 46.25 (title) and (1) to (6), 46.25 (7) and
15(7m), 46.25 (8) and (9) (a), 46.25 (9) (b), 46.255, 46.258 (1), 46.258 (2) (a) (intro.),
1646.258 (2) (a) 1., 2. and 3. and (b), 46.979 (1), 46.979 (2) (intro.), 46.979 (2) (b)
171., 46.979 (2) (b) 2., 46.979 (2) (c) (intro.), 46.979 (2) (c) 1., 46.979 (2) (c) 2., 46.979
1(2) (c) 3., 46.979 (2) (c) 4., 46.98 (2) (a), 46.98 (2) (c), 46.982, 46.984 (2) (a), 46.986
2(1) (b), 46.986 (1) (m), 46.986 (2) (a), 46.987 (1) (a), 46.987 (1) (b), 46.987 (1) (d),
346.987 (1) (e), 46.987 (2) (a), 46.987 (3) (a), 46.987 (3) (c), 46.987 (4) (intro.),
446.987 (4) (a) and 46.987 (4) (c);
to amend 16.841 (2), 20.435 (1) (n), 20.435 (7)
5(o), 20.445 (1) (k), 20.445 (3) (a), 20.445 (3) (n), 20.445 (3) (nL), 20.445 (3) (p),
620.855 (7) (j), 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1) (b), 39.30 (2) (e),
739.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.25 (4) (b), 45.351 (2) (c), 45.356 (6),
845.396 (6), 45.74 (6), 46.03 (7) (bm), 46.03 (18) (a), 46.10 (14) (b), 46.215 (1) (p),
946.22 (1) (b) 1. f., 46.40 (1) (a), 46.45 (intro.), 46.45 (6), 46.49 (1), 46.495 (1) (d),
1046.979 (2) (a), 48.30 (6), 48.31 (7), 48.357 (5m), 48.36 (1) (b), 48.363 (1), 48.651,
1149.191 (1) (b), 49.191 (2), 49.193 (8) (a), 49.25 (8) (a), 49.25 (8) (b), 49.26 (1) (e),
1249.27 (6) (c), 49.27 (10) (c), 49.27 (10) (e), 49.32 (1) (a), 49.83, 49.90 (2), 49.90 (2g),
1359.07 (97), 59.395 (7), 59.458 (2), 69.03 (14), 69.15 (3) (b) 3., 71.75 (1), 71.75 (9),
1471.78 (4) (g), 71.80 (3), 71.80 (3m) (a), 71.80 (3m) (b) 2., 71.88 (1) (a), 71.93 (1)
15(a) 2., 77.59 (5), 101.123 (1) (ad), 108.13 (4) (b), 108.13 (4) (f), 119.72 (2) (a),
16119.72 (2) (b), 144.25 (8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59
17(3) (c), 234.65 (3) (f), 234.90 (3) (d), 234.90 (3g) (c), 234.905 (3) (d), 560.14 (1) (a)
182., 565.30 (5), 565.30 (5m), 767.045 (1) (c) 1., 767.045 (1) (c) 2., 767.075 (1) (a),
19767.075 (1) (b), 767.075 (2) (a), 767.075 (2) (b), 767.077 (intro.), 767.078 (1) (d)
201. c., 767.078 (1) (d) 3., 767.08 (3), 767.085 (2) (b), 767.085 (2m) (a) 2., 767.13 (7),
21767.15 (2), 767.23 (1n), 767.25 (1g), 767.25 (1j), 767.25 (4m) (d) 2., 767.25 (4m)
22(e) 1., 767.262 (1) (b), 767.262 (3), 767.265 (6) (c), 767.27 (3) (b), 767.27 (4),
23767.29 (1), 767.29 (2), 767.295 (2) (a) 2., 767.295 (2) (c), 767.32 (1) (a), 767.32 (1)
24(b) 4., 767.32 (1) (c) 1., 767.32 (2), 767.32 (4), 767.33 (1), 767.45 (6m), 767.45 (7),
25767.455 (6), 767.47 (6) (a), 767.51 (3m) (d) 2., 767.51 (3m) (e) 1., 767.51 (4g),
1767.51 (4m), 767.52 (3), 767.53 (2), 769.31 (1), 949.08 (2) (g) and 978.06 (6);
to
2repeal and recreate 20.435 (1) (n), 20.445 (3) (n) and 20.445 (3) (nL); and
to
3create 16.841 (1) (b), 20.445 (3) (cp), 49.13, 103.005 (18) and 767.001 (1d) of the
4statutes;
relating to: transferring the bureau of child support and the office of
5child care from the department of health and family services to the department
6of industry, labor and job development, granting rule-making authority and
7making appropriations.
Analysis by the Legislative Reference Bureau
The bureau of child support, in the department of health and social services
(DHSS), administers the child and spousal support program and the tax intercept
program. The main purposes of the child and spousal support program are to
establish paternity and to establish, modify and enforce child and spousal support
obligations. Under this program, DHSS also acts as a state location service for
similar agencies in other states. It is under this program that DHSS is directed to
establish the child support percentage standard, which specifies a standard
percentage of a parent's income that a court must order a parent to pay for the
support of a minor child in paternity and divorce matters.
Under the tax intercept program, DHSS provides certifications of
delinquencies in the payment of child support or maintenance to the department of
revenue (DOR). DOR "intercepts" and sends any portion of a state or federal income
tax refund that is owed to the delinquent obligor to DHSS to be forwarded to the
appropriate clerk of court for distribution to the obligee.
This bill transfers the bureau of child support to the department of industry,
labor and human relations (DILHR) on July 1, 1996, (on which date DILHR's name
is changed to the department of industry, labor and job development (DILJD).
Besides transferring all responsibilities, the transfer includes all positions and
incumbent employes, rules and orders, tangible personal property, contracts, assets
and liabilities, appropriations and appropriated funds associated with the bureau of
child support.
Under current law, the office of child care in DHSS administers various
programs relating to child care. Those programs include the distribution of state and
federal funds to provide child care for low-income families (low-income child care),
families that are at risk of becoming eligible for aid to families with dependent
children (at-risk child care) and families that need child care to prevent or remedy
child abuse or neglect, to alleviate stress in the family or to preserve the family unit
(respite child care). The office of child care in DHSS also administers child care
licensing and grant programs for the start-up and expansion of child care services,
and for child care resource and referral services and for child care quality
improvement. This bill transfers responsibility for the administration of those child
care programs, except child care licensing, to DILJD on July 1, 1996. Besides
transferring that responsibility, the bill also transfers to DILJD certain positions and
incumbent employes and all tangible personal property, contracts, assets and
liabilities, pending matters, appropriations and appropriated funds primarily
related to the office of child care in DHSS, except those contracts, assets and
liabilities, pending matters, appropriations and appropriated funds and that
tangible personal property primarily related to child care licensing.
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:
AB1067, s. 1
1Section
1. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and
2amended to read:
AB1067,4,33
16.841
(1) (intro.) In this section
, "agency":
AB1067,4,4
4(a) "Agency" has the meaning given in s. 16.70 (1).
AB1067, s. 2
5Section
2. 16.841 (1) (b) of the statutes is created to read:
AB1067,4,76
16.841
(1) (b) "Child care provider" means a provider licensed under s. 48.65,
7certified under s. 48.651 or established or contracted for under s. 120.13 (14).
AB1067, s. 3
8Section
3. 16.841 (2) of the statutes is amended to read:
AB1067,4,139
16.841
(2) The department shall contract with one or more child care providers
,
10as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for
11child care services to be offered to the children of employes of agencies whose work
12stations are located in an area designated by the department comprising the central
13portion of the city of Madison.
AB1067, s. 4
14Section
4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
15the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
AB1067, s. 5
1Section
5. 20.435 (1) (n) of the statutes is repealed and recreated to read:
AB1067,5,52
20.435
(1) (n)
Federal program operations. All moneys received from the
3federal government or any of its agencies for the state administration of continuing
4programs and all moneys transferred from the appropriation account under sub. (3)
5(kx), to be expended for the purposes specified.
AB1067, s. 6
6Section
6. 20.435 (1) (n) of the statutes, as affected by 1995 Wisconsin Act ....
7(this act), is amended to read:
AB1067,5,118
20.435
(1) (n)
Federal program operations. All moneys received from the
9federal government or any of its agencies for the state administration of continuing
10programs
and all moneys transferred from the appropriation account under sub. (3)
11(kx), to be expended for the purposes specified.
AB1067,6,214
20.445
(3) (cb)
Child support collection —
county administration. The amounts
15in the schedule for the county child support order revision programs under s.
46.258 1649.23 (1), for state incentive payments under s.
46.258 49.23 (2), for assistance to
17counties in establishing paternity and obtaining child support and for payments to
1Milwaukee County under s. 49.25 (8) (b) to fund an additional family court
2commissioner.
AB1067, s. 9
5Section
9. 20.435 (3) (g) of the statutes, as affected by 19 Wisconsin Act 27, is
6renumbered 20.445 (3) (g).
AB1067,6,129
20.445
(3) (ja)
Child support state operations — fees. All moneys received from
10fees charged under s.
46.25 49.22 (8) and from fees charged and incentive payments
11and collections retained under s.
46.25 49.22 (7m), for administering the program
12under s.
46.25 49.22 and all other purposes specified in s.
46.25 49.22.
AB1067,6,2315
20.445
(3) (jg)
State child care program operations. All moneys transferred
16from
sub. s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993
17stats., for the purposes of providing child care services under ss.
46.98 49.132 (2m)
, 18and (3)
and (4g) and 49.191 (1) (b) and (2)
, and for providing training for child care
19providers
, and for automating state child care licensing. All moneys transferred
20from
sub. s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993
21stats., shall be distributed in the calendar year immediately following the transfer
22according to an expenditure plan that is determined by the department and approved
23by the secretary of administration.
AB1067,7,13
120.435
(7) (o)
Federal aid; community aids. All federal moneys received in
2amounts pursuant to allocation plans developed by the department for the provision
3or purchase of services authorized under par. (b) and s. 46.70; all federal moneys
4received as child welfare funds under
42 USC 620 to
626 as limited under s. 48.985;
5all federal child care and development block grant funds received under 42 USC 9858
6that are allocated under s. 46.40 (2m) (c) for distribution under s. 46.98 (2); all federal
7moneys received as child care grants under 42 USC 603 (n) as allocated under s. 46.40
8(2m) (c) and distributed under s. 46.98 (2); and all unanticipated federal social
9services block grant funds received under
42 USC 1397 to
1397e, in accordance with
10s. 46.49 (2), for distribution under s. 46.40. Disbursements from this appropriation
11may be made directly to counties for social and mental hygiene services under s.
1246.03 (20) (b) or 46.031 or directly to counties in accordance with federal
13requirements for the disbursal of federal funds.
AB1067, s. 13
14Section
13. 20.445 (1) (k) of the statutes is amended to read:
AB1067,7,1815
20.445
(1) (k)
Fees. All moneys received from fees charged to counties
and to
16the department of health and social services under ss.
46.25 49.22 (8) and 108.13 (4)
17(f) for administrative costs incurred in the enforcement of child and spousal support
18obligations under
42 USC 654.
AB1067,8,221
20.445
(3) (a)
General program operations. The amounts in the schedule for
22general program operations relating to economic support, including field services
23and administrative services
, and for administering the program under s. 49.22 and
24all other purposes specified in s. 49.22. No moneys may be expended under this
25paragraph for the program under, or any other purpose specified in, s. 49.22 unless
1moneys appropriated under par. (ja) are insufficient for the purposes specified under
2that paragraph.
AB1067, s. 15
3Section
15. 20.445 (3) (cp) of the statutes is created to read:
AB1067,8,54
20.445
(3) (cp)
At-risk and low-income child care. The amounts in the schedule
5for at-risk and low-income child care under s. 49.132.
AB1067,8,118
20.445
(3) (n)
Federal program operations. All moneys received from the
9federal government or any of its agencies for the state administration of continuing
10programs
and all moneys transferred from the appropriation accounts under s.
1120.435 (3) (n) and (8) (n), to be expended for the purposes specified.
AB1067, s. 17
12Section
17. 20.445 (3) (n) of the statutes, as affected by 1995 Wisconsin Act
13.... (this act), is repealed and recreated to read:
AB1067,8,1614
20.445
(3) (n)
Federal program operations. All moneys received from the
15federal government or any of its agencies for the state administration of continuing
16programs to be expended for the purposes specified.
AB1067,8,2519
20.445
(3) (nL)
Federal program local assistance. All moneys received from the
20federal government or any of its agencies for continuing programs
and all moneys
21transferred from the appropriation account under s. 20.435 (3) (nL), to be expended
22as local assistance for the purposes specified, except that the following amounts shall
23lapse from this appropriation to the general fund: in each calendar year, 55% of the
24federal moneys made available to support prosecution of welfare fraud in this state,
25as determined by the secretary of administration.
AB1067, s. 19
1Section
19. 20.445 (3) (nL) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed and recreated to read:
AB1067,9,83
20.445
(3) (nL)
Federal program local assistance. All moneys received from the
4federal government or any of its agencies for continuing programs to be expended as
5local assistance for the purposes specified, except that the following amounts shall
6lapse from this appropriation to the general fund: in each calendar year, 55% of the
7federal moneys made available to support prosecution of welfare fraud in this state,
8as determined by the secretary of administration.
AB1067,9,1911
20.445
(3) (p)
Federal aid; income maintenance payments. All federal moneys
12received for meeting costs of county administered public assistance programs under
13subch. III of ch. 49, the costs of the child and spousal support and establishment of
14paternity program under s.
46.25 49.22 and the cost of child care and related
15transportation under s. 49.26 (1) (e). Disbursements under s. 46.03 (20) may be made
16from this appropriation. Any disbursement made under this appropriation to carry
17out a contract under ss.
46.25 49.22 (7) and 59.07 (97) shall be in accordance with the
18formula established by the department of
health and social services industry, labor
19and job development under s.
46.25 49.22 (7).
AB1067,9,2422
20.855
(7) (j)
Delinquent support and maintenance payments. All moneys
23received under s.
46.255 49.855 for child support, maintenance, medical expenses or
24birth expenses, to be distributed to clerks of court.
AB1067, s. 22
25Section
22. 21.49 (2) (e) of the statutes is amended to read:
AB1067,10,3
121.49
(2) (e) Delinquent in child support or maintenance payments
and who
2does not owe past support, medical expenses or birth expenses, as established by the
3receipt by the department of a certification under s.
46.255 49.855 (7).
AB1067, s. 23
4Section
23. 36.11 (6) (b) of the statutes is amended to read:
AB1067,10,85
36.11
(6) (b) The board may not make a grant under par. (a) to a person if it
6receives a certification under s.
46.255 49.855 (7) that the person is delinquent in
7child support or maintenance payments
or owes past support, medical expenses or
8birth expenses.
AB1067, s. 24
9Section
24. 36.25 (14) of the statutes is amended to read:
AB1067,10,1710
36.25
(14) Graduate student financial aid. The board shall establish a grant
11program for minority and disadvantaged graduate students enrolled in the system.
12The grants shall be awarded from the appropriation under s. 20.285 (4) (b). The
13board shall give preference in awarding grants under this subsection to residents of
14this state. The board may not make a grant under this subsection to a person if it
15receives a certification under s.
46.255 49.855 (7) that the person is delinquent in
16child support or maintenance payments
or owes past support, medical expenses or
17birth expenses.
AB1067, s. 25
18Section
25. 36.34 (1) (b) of the statutes is amended to read:
AB1067,10,2519
36.34
(1) (b) The board shall establish a grant program for minority
20undergraduates enrolled in the system. The board shall designate all grants under
21this subsection as Lawton grants. Grants shall be awarded from the appropriation
22under s. 20.285 (4) (dd). The board may not make a grant under this subsection to
23a person if it receives a certification under s.
46.255 49.855 (7) that the person is
24delinquent in child support or maintenance payments
or owes past support, medical
25expenses or birth expenses.