LRB-0238LRB-0238/3
GMM:bjk:jf
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0031 - Mandatory federal child support distribution change
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, when a person applies for or receives kinship care or long-term kinship care payments for the care of a child, any right of the child or of the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application for those payments or that aid (pre-assistance arrears), is assigned to the state. This bill, beginning on October 1, 2009, eliminates assignment to the state of any right of a child or parent to pre-assistance arrears. Accordingly, under the bill, the only right to support or maintenance that is assigned to the state is the right to support or maintenance accruing during the time that those payments are made or that aid is paid. The bill also provides that any right to pre-assistance arrears assigned to the state before October 1, 2009, shall be released to the person who assigned that right to the state.
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:
SECTION 1. 48.57 (3m) (b) 2. of the statutes is amended to read:
48.57 (3m) (b) 2. When any kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child who is the beneficiary of a payment under this subsection is also the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.
SECTION 2. 48.57 (3n) (b) 2. of the statutes is amended to read:
48.57 (3n) (b) 2. When any long-term kinship care relative of a child applies for or receives payments under this subsection, any right of the child or the child's parent to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time that payments are made under this subsection, is assigned to the state. If a child is the beneficiary of support under a judgment or order that includes support for one or more children who are not the beneficiaries of payments under this subsection, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the child who is the beneficiary of the payment made under this subsection, except as otherwise ordered by the court on the motion of a party.
SECTION 3. 49.145 (2) (s) of the statutes, as affected by 2009 Wisconsin Act ( .... this act), is amended to read:
49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any assistance, as defined in 45 CFR 260.31, under Wisconsin Works benefit is paid to the individual. If a minor who is a beneficiary of any assistance under Wisconsin Works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin Works that assistance, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin Works benefit that assistance in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin Works assistance, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits assistance under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, 75 percent of all money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
****NOTE: This is reconciled s. 49.145 (2) (s). This SECTION has been affected by drafts with the following LRB numbers: LRB-0238/2 and LRB-1377/1.
SECTION 4. 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin Act ( .... this act), is amended to read:
49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person accruing during the time that any payment under this subsection is made to the custodial parent. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
****NOTE: This is reconciled s. 49.775 (2) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0238/2 and LRB-1377/1.
SECTION 9108. Nonstatutory provisions; Children and Families.
(1) RELEASE OF SUPPORT ASSIGNMENTS. Any right to unpaid amounts of support or maintenance accrued at the time of application for kinship care payments, long-term kinship care payments, Wisconsin Works benefits, or caretaker supplement payments that is assigned to the state under section 48.57 (3m) (b) 2., 2007 stats., or (3n) (b) 2., 2007 stats., 49.145 (2) (s), 2007 stats., or 49.775 (2) (bm), 2007 stats., shall be released to the person who assigned that right to the state.
SECTION 9408. Effective dates; Children and Families.
(1) ASSIGNMENT OF SUPPORT. The treatment of sections 48.57 (3m) (b) 2. and (3n) (b) 2., 49.145 (2) (s) (by SECTION 3), and 49.775 (2) (bm) (by SECTION 4) of the statutes and SECTION 9108 (1) of this act take effect on October 1, 2009, or on the day after publication, whichever is later.
(End)
LRB-0247LRB-0247/2
RLR:bjk&wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0176 - DHS appropriations
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill reorganizes various appropriations to DHS.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 13.94 (1) (dg) of the statutes is repealed.
SECTION 2. 20.255 (1) (hm) of the statutes is amended to read:
20.255 (1) (hm) Services for drivers. The amounts in the schedule for services for drivers. All moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) shall be credited to this appropriation account, except that the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.435 (6) (5) (hx).
SECTION 3. 20.285 (1) (ia) of the statutes is amended to read:
20.285 (1) (ia) State laboratory of hygiene, drivers. All moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) for the state laboratory of hygiene for costs associated with services for drivers.
SECTION 4. 20.395 (5) (ci) of the statutes is amended to read:
20.395 (5) (ci) Breath screening instruments, state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) for the purchase and maintenance of breath screening instruments. Notwithstanding s. 20.001 (3) (a), the unencumbered balance in this appropriation account on June 30 of each year shall be transferred to the appropriation account under s. 20.435 (6) (5) (hx).
SECTION 5. 20.395 (5) (di) of the statutes is amended to read:
20.395 (5) (di) Chemical testing training and services, state funds. From the general fund, the amounts in the schedule for the chemical testing training and services provided by the state traffic patrol. All moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance in this appropriation account on June 30 of each year shall be transferred to the appropriation account under s. 20.435 (6) (5) (hx).
SECTION 6. 20.395 (5) (ek) of the statutes is amended to read:
20.395 (5) (ek) Safe-ride grant program; state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (5) (hx) for the purpose of awarding grants under s. 85.55.
SECTION 7. 20.435 (1) (title) of the statutes is amended to read:
20.435 (1) (title) PUBLIC HEALTH SERVICES PLANNING, REGULATION, AND DELIVERY; STATE OPERATIONS.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 8. 20.435 (1) (b) of the statutes is created to read:
20.435 (1) (b) General aids and local assistance. The amounts in the schedule for aids and local assistance relating to public health services.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 9. 20.435 (1) (i) of the statutes is repealed and recreated to read:
20.435 (1) (i) Gifts and grants. All moneys received from gifts, grants, bequests, and trust funds relating to public health services, to be expended for the purposes for which received.
SECTION 10. 20.435 (1) (jd) of the statutes is created to read:
20.435 (1) (jd) Fees for administrative services. All moneys received from fees charged for providing state mailings, special computer services, training programs, printed materials, and publications relating to public health services, for the purpose of providing those state mailings, special computer services, training programs, printed materials, and publications.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 11. 20.435 (1) (kx) of the statutes is amended to read:
20.435 (1) (kx) Interagency and intra-agency programs. All moneys received from other state agencies and all moneys received by the department from the department not directed to be deposited under sub. (6) (k) for the administration of programs or projects relating to public health services, for the purposes for which received.
SECTION 12. 20.435 (1) (ky) of the statutes is created to read:
20.435 (1) (ky) Interagency and intra-agency aids. Except as provided in pars. (kb) and (ke), all moneys received from other state agencies and all moneys received by the department from the department for aids to individuals and organizations relating to public health services, for the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 13. 20.435 (1) (kz) of the statutes is created to read:
20.435 (1) (kz) Interagency and intra-agency local assistance. All moneys received from other state agencies and all moneys received by the department from the department for local assistance relating to public health services, for the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 14. 20.435 (1) (m) of the statutes is repealed and recreated to read:
20.435 (1) (m) Federal project operations. All moneys received from the federal government or any of its agencies for the state administration of specific limited term projects relating to public health services, for the purposes for which received.
SECTION 15. 20.435 (1) (ma) of the statutes is created to read:
20.435 (1) (ma) Federal project aids. All moneys received from the federal government or any of its agencies for aids to individuals and organizations for specific limited term projects relating to public health services, for the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 16. 20.435 (1) (mc) of the statutes is repealed and recreated to read:
20.435 (1) (mc) Federal block grant operations. All block grant moneys received from the federal government or any of its agencies for the state administration of federal block grants relating to public health services, for the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 17. 20.435 (1) (md) of the statutes is created to read:
20.435 (1) (md) Federal block grant aids. All block grant moneys received from the federal government or any of its agencies for aids to individuals and organizations relating to public health services, for the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 18. 20.435 (1) (n) of the statutes is amended to read:
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 to be expended relating to public health services, for the purposes specified for which received.
SECTION 19. 20.435 (1) (na) of the statutes is created to read:
20.435 (1) (na) Federal program aids. All moneys received from the federal government or any of its agencies for aids to individuals and organizations for continuing programs relating to public health services, for the purposes for which received.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 20. 20.435 (2) (title) of the statutes is repealed and recreated to read:
20.435 (2) (title) MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES SERVICES; FACILITIES.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 21. 20.435 (2) (i) of the statutes is repealed and recreated to read:
20.435 (2) (i) Gifts and grants. All moneys received from gifts, grants, bequests, and trust funds relating to operating institutions and evaluating, treating, and caring for persons under ch. 980, to be expended for the purposes for which received.
SECTION 22. 20.435 (2) (m) of the statutes is repealed and recreated to read:
20.435 (2) (m) Federal project operations. All moneys received from the federal government or any of its agencies for the state administration of specific limited term projects relating to operating institutions and to evaluating, treating, and caring for persons under ch. 980, for the purposes for which received.
SECTION 23. 20.435 (4) (title) of the statutes is amended to read:
20.435 (4) (title) HEALTH SERVICES PLANNING, REGULATION AND DELIVERY; HEALTH CARE FINANCING; OTHER SUPPORT PROGRAMS CARE ACCESS AND ACCOUNTABILITY.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 24. 20.435 (4) (b) of the statutes is amended to read:
20.435 (4) (b) Medical Assistance program benefits. Biennially, the amounts in the schedule to provide a portion of the state share of Medical Assistance program benefits administered under subch. IV of ch. 49, for a portion of the Badger Care health care program under s. 49.665, to provide a portion of the Medical Assistance program benefits administered under subch. IV of ch. 49 that are not also provided under par. (o), to fund the pilot project under s. 46.27 (9) and (10), to provide a portion of the facility payments under 1999 Wisconsin Act 9, section 9123 (9m), to fund services provided by resource centers under s. 46.283, for services under the family care benefit under s. 46.284 (5), for assisting victims of diseases, as provided in ss. 49.68, 49.683, and 49.685, and for reduction of any operating deficits as specified in 2005 Wisconsin Act 15, section 3. Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (kb) (5) (kc) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation account and may transfer between fiscal years funds that it transfers from the appropriation account under sub. (7) (kb) (5) (kc) for the purposes specified in s. 46.485 (3r). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (bd) funds in the amount and for the purposes specified in s. 49.45 (6v).
SECTION 25. 20.435 (4) (bm) of the statutes is amended to read:
20.435 (4) (bm) Medical Assistance, food stamps, and Badger Care administration; contract costs, insurer reports, and resource centers. Biennially, the amounts in the schedule to provide a portion of the state share of administrative contract costs for the Medical Assistance program under subch. IV of ch. 49 and the Badger Care health care program under s. 49.665 and to provide the state share of administrative costs for the food stamp program under s. 49.79, other than payments to counties and tribal governing bodies under s. 49.78 (8), to develop and implement a registry of recipient immunizations, to reimburse 3rd parties for their costs under s. 49.475, for costs associated with outreach activities, for state administration of state supplemental grants to supplemental security income recipients under s. 49.77, to provide incentive payments to the department of children and families for identifying children with medical assistance coverage who have access to health insurance coverage, and for services of resource centers under s. 46.283. No state positions may be funded in the department of health services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the Medical Assistance program between the subunit of the department primarily responsible for administering the Medical Assistance program and another subunit of the department. Total administrative funding authorized for the program under s. 49.665 may not exceed 10% of the amounts budgeted under pars. (bc), (p), and (x) pars. (p) and (x).
****NOTE: This is reconciled s. 20.435 (4) (bm). This SECTION has been affected by drafts with the following LRB numbers: -0247/1 and -1482/1.
SECTION 26. 20.435 (4) (gm) of the statutes is renumbered 20.435 (7) (gm).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 27. 20.435 (4) (gp) of the statutes is amended to read:
20.435 (4) (gp) Medical assistance; hospital assessments. All moneys received under s. 146.99, to provide a portion of the state share of Medical Assistance program benefits administered under s. 49.45, to provide a portion of Medical Assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to fund the pilot project under s. 46.27 (9) and (10), to provide a portion of the facility payments under 1999 Wisconsin Act 9, section 9123 (9m), to fund services provided by resource centers under s. 46.283, and for services under the family care benefit under s. 46.284 (5). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (kb) (5) (kc) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation account and may transfer between fiscal years funds that it transfers from the appropriation account under sub. (7) (kb) (5) (kc) for the purposes specified in s. 46.485 (3r). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (bd) funds in the amount and for the purposes specified in s. 49.45 (6v).
SECTION 28. 20.435 (5) (title) of the statutes is repealed and recreated to read:
20.435 (5) (title) MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 29. 20.435 (5) (a) of the statutes is created to read:
