1995 WISCONSIN ACT 404
An Act to repeal 20.435 (3) (cc), 46.03 (7) (b), 46.25 (7), 46.252, 46.40 (4m), 46.45 (1), 46.98 (1) (d), 46.98 (4g) (title), 46.98 (4g) (a), 46.98 (4g) (b), 46.98 (4g) (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 (2m), 46.25 (2p), 46.25 (3) and (4), 46.25 (6), 46.25 (7m), 46.25 (11), 46.255 (title), 46.255 (3), 46.255 (4m) (a), 46.255 (4m) (d), 46.258 (title), 46.258 (2) (a) 1., 46.979 (title), 46.979 (1), 46.979 (3), 46.98 (title) and (1) (intro.), (ad), (ag) and (am), 46.98 (1) (at), 46.98 (1) (b), 46.98 (1) (bd) and (bf), 46.98 (1) (bm) and (c), 46.98 (1) (cm), 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) (title), (a) (intro.) and 1., 46.98 (4) (a) 2., 46.98 (4) (a) 3., 46.98 (4) (am), 46.98 (4) (b), 46.98 (4) (c), 46.98 (4) (d), 46.98 (4) (dg) and (dm), 46.98 (4) (e), 46.98 (5), 46.98 (6), 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) (b), 46.986 (1) (d), (e), (g), (j) and (k), 46.986 (1) (m), 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) (a), 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 20.435 (3) (cb), 20.435 (3) (ja), 20.435 (3) (jg), 46.25 (title), (1) and (2), 46.25 (8) and (9) (a), 46.25 (9) (b), 46.255 (1), 46.255 (2) and (2m), 46.255 (4), 46.255 (4m) (b) and (c), 46.255 (5) and (6), 46.255 (7), 46.258 (1), 46.258 (2) (a) (intro.), 46.258 (2) (a) 2. and 3. and (b), 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) (c), 46.982, 46.984 (2) (a), 46.986 (2) (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 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), 46.495 (1) (dc), 46.495 (1) (f), 46.979 (2) (a), 46.98 (2) (a), 48.30 (6), 48.31 (7), 48.357 (5m), 48.36 (1) (b), 48.363 (1), 48.651 (1) (intro.), 49.191 (1) (b), 49.191 (2), 49.193 (8) (a), 49.22 (7), 49.25 (8) (a), 49.25 (8) (b), 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), 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), 20.445 (3) (nL), 46.495 (1) (d), 46.495 (1) (dc) and 46.495 (1) (f); and
to create 20.445 (3) (cp), 49.13, 49.131 (4), 49.22 (7), 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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
404,1
Section 1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
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See PDF for table 
404,2
Section 2
. 20.435 (1) (n) of the statutes is repealed and recreated 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 and all moneys transferred from the appropriation account under sub. (3) (kx), to be expended for the purposes specified.
404,3
Section 3
. 20.435 (1) (n) of the statutes, as affected by 1995 Wisconsin Act .... (this act), 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 and all moneys transferred from the appropriation account under sub. (3) (kx), to be expended for the purposes specified.
404,4
Section 4
. 20.435 (3) (cb) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.445 (3) (cb) and amended to read:
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.
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Section 5
. 20.435 (3) (cc) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.
404,6
Section 6
. 20.435 (3) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.445 (3) (g).
404,7
Section 7
. 20.435 (3) (ja) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.445 (3) (ja) and amended to read:
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.
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Section 8
. 20.435 (3) (jg) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 20.445 (3) (jg) and amended to read:
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.
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Section 9
. 20.435 (7) (o) of the statutes, as affected by 1995 Wisconsin Act 216, is amended to read:
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 (4m) 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 (4m) 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.
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Section 10
. 20.445 (1) (k) of the statutes is amended to read:
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.
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Section 11
. 20.445 (3) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
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.
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Section 12
. 20.445 (3) (cp) of the statutes is created to read:
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.
404,13
Section 13
. 20.445 (3) (n) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
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.
404,14
Section 14
. 20.445 (3) (n) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
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.
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Section 15
. 20.445 (3) (nL) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:
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.
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Section 16
. 20.445 (3) (nL) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
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.
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Section 17
. 20.445 (3) (p) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
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).
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Section 18
. 20.855 (7) (j) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
20.855 (7) (j) Delinquent support and maintenance payments. All moneys received under s. 46.255
49.855 for child support, maintenance, medical expenses or birth expenses, to be distributed to clerks of court.
404,19
Section 19
. 21.49 (2) (e) of the statutes is amended to read:
21.49 (2) (e) Delinquent in child support or maintenance payments and who does not owe past support, medical expenses or birth expenses, as established by the receipt by the department of a certification under s. 46.255 49.855 (7).
404,20
Section 20
. 36.11 (6) (b) of the statutes is amended to read:
36.11 (6) (b) The board may not make a grant under par. (a) to a person if it receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,21
Section 21
. 36.25 (14) of the statutes is amended to read:
36.25 (14) Graduate student financial aid. The board shall establish a grant program for minority and disadvantaged graduate students enrolled in the system. The grants shall be awarded from the appropriation under s. 20.285 (4) (b). The board shall give preference in awarding grants under this subsection to residents of this state. The board may not make a grant under this subsection to a person if it receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,22
Section 22
. 36.34 (1) (b) of the statutes is amended to read:
36.34 (1) (b) The board shall establish a grant program for minority undergraduates enrolled in the system. The board shall designate all grants under this subsection as Lawton grants. Grants shall be awarded from the appropriation under s. 20.285 (4) (dd). The board may not make a grant under this subsection to a person if it receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,23
Section 23
. 39.30 (2) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
39.30 (2) (e) The department may not make a grant to a student if the department receives a certification under s. 46.255 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,24
Section 24
. 39.38 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 1887g, is amended to read:
39.38 (2) Grants under this section shall be based on financial need, as determined by the department. The maximum grant shall not exceed $2,200 per year, of which not more than $1,100 may be from the appropriation under s. 20.235 (1) (fb). State aid from this appropriation may be matched by a contribution from a federally recognized American Indian tribe or band that is deposited in the general fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall be awarded to students for full-time or part-time attendance at any accredited institution of higher education in this state. The department may not make a grant under this section to a student if the department receives a certification under s. 46.255 49.855 (7) that the student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. Grants shall be renewable for up to 5 years if a recipient remains in good academic standing at the institution that he or she is attending. The American Indian language and culture education board shall advise the department on the allocation of grants to students enrolled less than half-time.
404,25
Section 25
. 39.435 (6) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
39.435 (6) The department may not make a grant under this section to a person if the department receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,26
Section 26
. 39.44 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
39.44 (4) The department shall notify an institution or school receiving funds under sub. (2) if the department receives a certification under s. 46.255 49.855 (7) that a student is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. An institution or school may not award a grant under this section to a student if it receives a notification under this subsection concerning that student.
404,27
Section 27
. 39.47 (2m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
39.47 (2m) No resident of this state may receive a waiver of nonresident tuition under this section if the department receives a certification under s. 46.255
49.855 (7) that the resident is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,28
Section 28
. 45.25 (4) (b) of the statutes is amended to read:
45.25 (4) (b) The department may not provide reimbursement under sub. (2) to an individual who is delinquent in child support or maintenance payments or who owes past support, medical expenses or birth expenses, as established by the receipt by the department of a certification under s. 46.255 49.855.
404,29
Section 29
. 45.351 (2) (c) of the statutes is amended to read:
45.351 (2) (c) No person may receive a loan under this subsection if the department receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,30
Section 30
. 45.356 (6) of the statutes is amended to read:
45.356 (6) No person may receive a loan under this section if the department receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,31
Section 31
. 45.396 (6) of the statutes is amended to read:
45.396 (6) The department may not make a grant to a person under this section if it receives a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,32
Section 32
. 45.74 (6) of the statutes is amended to read:
45.74 (6) Delinquent support payments. It has received a certification under s. 46.255 49.855 (7) that the person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.
404,33
Section 33
. 46.03 (7) (b) of the statutes, as affected by 1995 Wisconsin Act 225, is repealed.
404,34
Section 34
. 46.03 (7) (bm) of the statutes is amended to read:
46.03 (7) (bm) Maintain a file containing records of artificial inseminations under s. 891.40 and records of declarations of paternal interest under s. 48.025 and of statements acknowledging paternity under s. 69.15 (3) (b). The department shall release these records only upon an order of the court except that the department may use nonidentifying information concerning artificial inseminations for the purpose of compiling statistics and except that records relating to declarations of paternal interest and statements acknowledging paternity may be used shall be released to the department of industry, labor and job development or its designee under s. 59.07 (97) without a court order upon the request of the department of industry, labor and job development or its designee under s. 59.07 (97) pursuant to the program responsibilities under s. 46.25 49.22 or by any other person with a direct and tangible interest in the record.
404,35
Section 35
. 46.03 (18) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:
46.03 (18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of health and family services shall establish a uniform system of fees for services provided or purchased by the department of health and family services, or a county department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided under subch. III of ch. 49; services relating to adoption; services provided to courts; child support and paternity establishment services to recipients of aid to families with dependent children; outreach, information and referral services; or where, as determined by the department of health and family services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and family services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and family services during the previous year and the costs to the state for services relating to such adoptions.
404,36
Section 36
. 46.10 (14) (b) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:
46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) (a) and by applying the percentage standard in the manner established by the department under s. 46.25 (9) (b) 46.247.
