AB1067: Bill Text

LRB-5553/3

PJK&GMM:kg/sg/kf:ch

1995 - 1996 LEGISLATURE

1995 Assembly BILL 1067

March 21, 1996 - Introduced by Representatives Gard, Huebsch and Harsdorf, cosponsored by Senator Buettner. Referred to Committee on Rules.

AB1067,3,7 An Act to repeal 20.435 (3) (cc), 46.03 (7) (b), 46.252, 46.40 (4m), 46.45 (1), 46.98 (1) (d), 46.98 (4g) (title), 46.98 (4g) (a), 46.98 (4g) (b), (c) and (d), 46.986 (3) (title), 767.02 (3), 767.085 (1) (g) and 767.085 (5); to renumber 20.435 (3) (g), 46.25 (11), 46.258 (title), 46.979 (title), 46.979 (3), 46.98 (title) and (1) (intro.), (ad), (ag), (am), (b), (bm) and (c), 46.98 (2) (title), 46.98 (2) (b), 46.98 (2m) (title), 46.98 (2m) (a), 46.98 (2m) (c) and (d) 1., 46.98 (2m) (d) 2., 46.98 (2r) (title), (a), (b) and (d), 46.98 (3) (title), 46.98 (3) (a) and (b), 46.98 (3) (c), 46.98 (4), 46.98 (5), 46.984 (title), 46.984 (1), 46.984 (2) (title), 46.984 (2) (c) and (d) and (3), 46.984 (4) (a), 46.984 (4) (intro.), (b) and (c), 46.986 (title), 46.986 (1) (intro.), 46.986 (1) (d), (e), (g), (j) and (k), 46.986 (1) (n), 46.986 (2) (title), 46.986 (2) (b) and (cm), 46.986 (6), 46.986 (7), 46.987 (title), 46.987 (1) (intro.), 46.987 (1) (c), 46.987 (2) (title), 46.987 (2) (b) and (c), 46.987 (3) (title), 46.987 (3) (b), 46.987 (4) (b), 46.987 (4) (d) to (h) and (5) and 46.987 (6); to renumber and amend 16.841 (1), 20.435 (3) (cb), 20.435 (3) (ja), 20.435 (3) (jg), 46.25 (title) and (1) to (6), 46.25 (7) and (7m), 46.25 (8) and (9) (a), 46.25 (9) (b), 46.255, 46.258 (1), 46.258 (2) (a) (intro.), 46.258 (2) (a) 1., 2. and 3. and (b), 46.979 (1), 46.979 (2) (intro.), 46.979 (2) (b) 1., 46.979 (2) (b) 2., 46.979 (2) (c) (intro.), 46.979 (2) (c) 1., 46.979 (2) (c) 2., 46.979 (2) (c) 3., 46.979 (2) (c) 4., 46.98 (2) (a), 46.98 (2) (c), 46.982, 46.984 (2) (a), 46.986 (1) (b), 46.986 (1) (m), 46.986 (2) (a), 46.987 (1) (a), 46.987 (1) (b), 46.987 (1) (d), 46.987 (1) (e), 46.987 (2) (a), 46.987 (3) (a), 46.987 (3) (c), 46.987 (4) (intro.), 46.987 (4) (a) and 46.987 (4) (c); to amend 16.841 (2), 20.435 (1) (n), 20.435 (7) (o), 20.445 (1) (k), 20.445 (3) (a), 20.445 (3) (n), 20.445 (3) (nL), 20.445 (3) (p), 20.855 (7) (j), 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1) (b), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.25 (4) (b), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 46.03 (7) (bm), 46.03 (18) (a), 46.10 (14) (b), 46.215 (1) (p), 46.22 (1) (b) 1. f., 46.40 (1) (a), 46.45 (intro.), 46.45 (6), 46.49 (1), 46.495 (1) (d), 46.979 (2) (a), 48.30 (6), 48.31 (7), 48.357 (5m), 48.36 (1) (b), 48.363 (1), 48.651, 49.191 (1) (b), 49.191 (2), 49.193 (8) (a), 49.25 (8) (a), 49.25 (8) (b), 49.26 (1) (e), 49.27 (6) (c), 49.27 (10) (c), 49.27 (10) (e), 49.32 (1) (a), 49.83, 49.90 (2), 49.90 (2g), 59.07 (97), 59.395 (7), 59.458 (2), 69.03 (14), 69.15 (3) (b) 3., 71.75 (1), 71.75 (9), 71.78 (4) (g), 71.80 (3), 71.80 (3m) (a), 71.80 (3m) (b) 2., 71.88 (1) (a), 71.93 (1) (a) 2., 77.59 (5), 101.123 (1) (ad), 108.13 (4) (b), 108.13 (4) (f), 119.72 (2) (a), 119.72 (2) (b), 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), 234.90 (3g) (c), 234.905 (3) (d), 560.14 (1) (a) 2., 565.30 (5), 565.30 (5m), 767.045 (1) (c) 1., 767.045 (1) (c) 2., 767.075 (1) (a), 767.075 (1) (b), 767.075 (2) (a), 767.075 (2) (b), 767.077 (intro.), 767.078 (1) (d) 1. c., 767.078 (1) (d) 3., 767.08 (3), 767.085 (2) (b), 767.085 (2m) (a) 2., 767.13 (7), 767.15 (2), 767.23 (1n), 767.25 (1g), 767.25 (1j), 767.25 (4m) (d) 2., 767.25 (4m) (e) 1., 767.262 (1) (b), 767.262 (3), 767.265 (6) (c), 767.27 (3) (b), 767.27 (4), 767.29 (1), 767.29 (2), 767.295 (2) (a) 2., 767.295 (2) (c), 767.32 (1) (a), 767.32 (1) (b) 4., 767.32 (1) (c) 1., 767.32 (2), 767.32 (4), 767.33 (1), 767.45 (6m), 767.45 (7), 767.455 (6), 767.47 (6) (a), 767.51 (3m) (d) 2., 767.51 (3m) (e) 1., 767.51 (4g), 767.51 (4m), 767.52 (3), 767.53 (2), 769.31 (1), 949.08 (2) (g) and 978.06 (6); to repeal and recreate 20.435 (1) (n), 20.445 (3) (n) and 20.445 (3) (nL); and to create 16.841 (1) (b), 20.445 (3) (cp), 49.13, 103.005 (18) and 767.001 (1d) of the statutes; relating to: transferring the bureau of child support and the office of child care from the department of health and family services to the department of industry, labor and job development, granting rule-making authority and making 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 Section 1. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:

AB1067,4,3 16.841 (1) (intro.) In this section, "agency":

AB1067,4,4 (a) "Agency" has the meaning given in s. 16.70 (1).

AB1067, s. 2 Section 2. 16.841 (1) (b) of the statutes is created to read:

AB1067,4,7 16.841 (1) (b) "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB1067, s. 3 Section 3. 16.841 (2) of the statutes is amended to read:

AB1067,4,13 16.841 (2) The department shall contract with one or more child care providers, as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for child care services to be offered to the children of employes of agencies whose work stations are located in an area designated by the department comprising the central portion of the city of Madison.

AB1067, s. 4 Section 4. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB1067, s. 5 Section 5. 20.435 (1) (n) of the statutes is repealed and recreated to read:

AB1067,5,5 20.435 (1) (n) Federal program operations. All moneys received from the federal government or any of its agencies for the state administration of continuing programs and all moneys transferred from the appropriation account under sub. (3) (kx), to be expended for the purposes specified.

AB1067, s. 6 Section 6. 20.435 (1) (n) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB1067,5,11 20.435 (1) (n) Federal program operations. All moneys received from the federal government or any of its agencies for the state administration of continuing programs and all moneys transferred from the appropriation account under sub. (3) (kx), to be expended for the purposes specified.

AB1067, s. 7 Section 7. 20.435 (3) (cb) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.445 (3) (cb) and amended to read:

AB1067,6,2 20.445 (3) (cb) Child support collection — county administration. The amounts in the schedule for the county child support order revision programs under s. 46.258 49.23 (1), for state incentive payments under s. 46.258 49.23 (2), for assistance to counties in establishing paternity and obtaining child support and for payments to Milwaukee County under s. 49.25 (8) (b) to fund an additional family court commissioner.

AB1067, s. 8 Section 8. 20.435 (3) (cc) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB1067, s. 9 Section 9. 20.435 (3) (g) of the statutes, as affected by 19 Wisconsin Act 27, is renumbered 20.445 (3) (g).

AB1067, s. 10 Section 10. 20.435 (3) (ja) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.445 (3) (ja) and amended to read:

AB1067,6,12 20.445 (3) (ja) Child support state operations — fees. All moneys received from fees charged under s. 46.25 49.22 (8) and from fees charged and incentive payments and collections retained under s. 46.25 49.22 (7m), for administering the program under s. 46.25 49.22 and all other purposes specified in s. 46.25 49.22.

AB1067, s. 11 Section 11. 20.435 (3) (jg) of the statutes, as affected by 1995 Wisconsin Act 27, section 926, is renumbered 20.445 (3) (jg) and amended to read:

AB1067,6,23 20.445 (3) (jg) State child care program operations. All moneys transferred from sub. s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993 stats., for the purposes of providing child care services under ss. 46.98 49.132 (2m), and (3) and (4g) and 49.191 (1) (b) and (2), and for providing training for child care providers, and for automating state child care licensing. All moneys transferred from sub. s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993 stats., shall be distributed in the calendar year immediately following the transfer according to an expenditure plan that is determined by the department and approved by the secretary of administration.

AB1067, s. 12 Section 12. 20.435 (7) (o) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,7,13 20.435 (7) (o) Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b) and s. 46.70; all federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985; all federal child care and development block grant funds received under 42 USC 9858 that are allocated under s. 46.40 (2m) (c) for distribution under s. 46.98 (2); all federal moneys received as child care grants under 42 USC 603 (n) as allocated under s. 46.40 (2m) (c) and distributed under s. 46.98 (2); and all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 46.49 (2), for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

AB1067, s. 13 Section 13. 20.445 (1) (k) of the statutes is amended to read:

AB1067,7,18 20.445 (1) (k) Fees. All moneys received from fees charged to counties and to the department of health and social services under ss. 46.25 49.22 (8) and 108.13 (4) (f) for administrative costs incurred in the enforcement of child and spousal support obligations under 42 USC 654.

AB1067, s. 14 Section 14. 20.445 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,8,2 20.445 (3) (a) General program operations. The amounts in the schedule for general program operations relating to economic support, including field services and administrative services, and for administering the program under s. 49.22 and all other purposes specified in s. 49.22. No moneys may be expended under this paragraph for the program under, or any other purpose specified in, s. 49.22 unless moneys appropriated under par. (ja) are insufficient for the purposes specified under that paragraph.

AB1067, s. 15 Section 15. 20.445 (3) (cp) of the statutes is created to read:

AB1067,8,5 20.445 (3) (cp) At-risk and low-income child care. The amounts in the schedule for at-risk and low-income child care under s. 49.132.

AB1067, s. 16 Section 16. 20.445 (3) (n) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1067,8,11 20.445 (3) (n) Federal program operations. All moneys received from the federal government or any of its agencies for the state administration of continuing programs and all moneys transferred from the appropriation accounts under s. 20.435 (3) (n) and (8) (n), to be expended for the purposes specified.

AB1067, s. 17 Section 17. 20.445 (3) (n) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB1067,8,16 20.445 (3) (n) Federal program operations. All moneys received from the federal government or any of its agencies for the state administration of continuing programs to be expended for the purposes specified.

AB1067, s. 18 Section 18. 20.445 (3) (nL) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1067,8,25 20.445 (3) (nL) Federal program local assistance. All moneys received from the federal government or any of its agencies for continuing programs and all moneys transferred from the appropriation account under s. 20.435 (3) (nL), to be expended as local assistance for the purposes specified, except that the following amounts shall lapse from this appropriation to the general fund: in each calendar year, 55% of the federal moneys made available to support prosecution of welfare fraud in this state, as determined by the secretary of administration.

AB1067, s. 19 Section 19. 20.445 (3) (nL) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB1067,9,8 20.445 (3) (nL) Federal program local assistance. All moneys received from the federal government or any of its agencies for continuing programs to be expended as local assistance for the purposes specified, except that the following amounts shall lapse from this appropriation to the general fund: in each calendar year, 55% of the federal moneys made available to support prosecution of welfare fraud in this state, as determined by the secretary of administration.

AB1067, s. 20 Section 20. 20.445 (3) (p) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,9,19 20.445 (3) (p) Federal aid; income maintenance payments. All federal moneys received for meeting costs of county administered public assistance programs under subch. III of ch. 49, the costs of the child and spousal support and establishment of paternity program under s. 46.25 49.22 and the cost of child care and related transportation under s. 49.26 (1) (e). Disbursements under s. 46.03 (20) may be made from this appropriation. Any disbursement made under this appropriation to carry out a contract under ss. 46.25 49.22 (7) and 59.07 (97) shall be in accordance with the formula established by the department of health and social services industry, labor and job development under s. 46.25 49.22 (7).