AB1067-ASA1,40,13
1149.13 At-risk and low-income child care. Within the limits of available
12federal funds and the appropriation under s. 20.445 (3) (cp), the department shall
13distribute under s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.
AB1067-ASA1,41,315
49.131
(4) If the department receives unanticipated federal child care and
16development block grant funds under
42 USC 9858 and it proposes to allocate the
17unanticipated funds so that an allocation limit in sub. (2) is exceeded, the
18department shall submit a plan for the proposed allocation to the secretary of
19administration. If the secretary of administration approves the plan, he or she shall
20submit it to the joint committee on finance. If the cochairpersons of the committee
21do not notify the secretary of administration that the committee has scheduled a
22meeting for the purpose of reviewing the plan within 14 working days after the date
23of his or her submittal, the department may implement the plan, notwithstanding
24any allocation limit under sub. (2). If within 14 working days after the date of the
25submittal by the secretary of administration the cochairpersons of the committee
1notify him or her that the committee has scheduled a meeting for the purpose of
2reviewing the plan, the department may implement the plan, notwithstanding sub.
3(2), only with the approval of the committee.
AB1067-ASA1,41,136
49.191
(1) (b) Within the limits of funds available under
ss. 20.435 (3) (jg) and 7s. 20.445 (3) (cn)
, (jg) and (na), the department shall provide funds for individuals
8who are working and who receive aid to families with dependent children to pay child
9care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a)
10and child care costs incurred before the child care disregard under s. 49.19 (5) (a)
11becomes available if the child care is provided by a child care provider. This
12paragraph does not apply beginning on the first day of the 6th month beginning after
13the date stated in the notice under s. 49.141 (2) (d).
AB1067-ASA1,42,516
49.191
(2) Child care funds for former recipients of aid to families with
17dependent children. The department shall pay the child care costs of an individual
18who secures unsubsidized employment and loses eligibility for aid to families with
19dependent children because of earned income or number of hours worked for up to
2012 months following the loss of eligibility if the child care is provided by a child care
21provider. The department shall establish a formula for assistance based on ability
22to pay. The rates for child care services under this subsection shall be determined
23under s.
46.98 49.132 (4) (d), (dg) or (dm), whichever is applicable, or, if a higher rate
24is established under s.
46.98 49.132 (4) (e) and if the child care services meet the
25quality standards established under s.
46.98 49.132 (4) (e), the rates for child care
1services under this subsection that meet those standards shall be determined under
2s.
46.98 49.132 (4) (e). The department shall promulgate rules for the disbursement
3of funds under this subsection. This subsection does not apply beginning on the first
4day of the 6th month beginning after the date stated in the notice under s. 49.141 (2)
5(d).
AB1067-ASA1,42,188
49.193
(8) (a) The department shall pay child care costs of persons with
9approved employability plans who are participating in the program under this
10section and of persons who are participating in orientation and job search activities
11required under sub. (3m). Payment or reimbursement shall be in an amount based
12on need, with the maximum amount per child equal to the lesser of the actual cost
13of care or the rate established under s.
46.98 49.132 (4) (d), (dg) or (dm), whichever
14is applicable, or, if a higher rate is established under s.
46.98 49.132 (4) (e) and if the
15child care meets the quality standards established under s.
46.98 49.132 (4) (e),
16payment or reimbursement for child care that meets those standards shall be in an
17amount based on need, with the maximum amount per child equal to the lesser of the
18actual cost of the care or the rate established under s.
46.98 49.132 (4) (e).
AB1067-ASA1,43,820
49.22
(7) The department may represent the state in any action to establish
21paternity or to establish or enforce a support or maintenance obligation. The
22department may delegate its authority to represent the state in any action to
23establish paternity or to establish or enforce a support or maintenance obligation
24under this section to an attorney responsible for support enforcement under s. 59.458
25(1) pursuant to a contract entered into under s. 59.07 (97). The department shall
1ensure that any such contract is for an amount reasonable and necessary to assure
2quality service. The department may, by such a contract, authorize a county to
3contract with any attorney, collection agency or other person to collect unpaid child
4support or maintenance. If a county fails to fully implement the programs under s.
559.07 (97), the department may implement them and may contract with any
6appropriate person to obtain necessary services. The department shall establish a
7formula for disbursing the transferred funds appropriated under s. 20.445 (3) (p) to
8carry out a contract under this subsection.
AB1067-ASA1, s. 174
9Section
174. 49.22 (7) of the statutes, as created by 1995 Wisconsin Act .... (this
10act), is amended to read:
AB1067-ASA1,43,2411
49.22
(7) The department may represent the state in any action to establish
12paternity or to establish or enforce a support or maintenance obligation. The
13department may delegate its authority to represent the state in any action to
14establish paternity or to establish or enforce a support or maintenance obligation
15under this section to an attorney responsible for support enforcement under s.
59.458
16(1) 59.53 (6) (a) pursuant to a contract entered into under s.
59.07 (97) 59.53 (5). The
17department shall ensure that any such contract is for an amount reasonable and
18necessary to assure quality service. The department may, by such a contract,
19authorize a county to contract with any attorney, collection agency or other person
20to collect unpaid child support or maintenance. If a county fails to fully implement
21the programs under s.
59.07 (97) 59.53 (5), the department may implement them and
22may contract with any appropriate person to obtain necessary services. The
23department shall establish a formula for disbursing the transferred funds
24appropriated under s. 20.445 (3) (p) to carry out a contract under this subsection.
AB1067-ASA1,44,53
49.25
(8) (a) From the appropriation under s.
20.435 20.445 (3) (cb), the
4department
of health and social services shall provide funds to pilot counties for
5assistance in establishing paternity and obtaining child support.
AB1067-ASA1,44,108
49.25
(8) (b) From the appropriation under s.
20.435 20.445 (3) (cb), the
9department
of health and social services shall provide funds to Milwaukee county to
10fund an additional family court commissioner.
AB1067-ASA1, s. 177
11Section
177. 49.27 (6) (c) of the statutes, as affected by 1995 Wisconsin Acts
1227 and 289, is amended to read:
AB1067-ASA1,44,2413
49.27
(6) (c)
Benefits. A county department under s. 46.215, 46.22 or 46.23 shall
14provide assistance in paying the child care costs of a work-not-welfare group that
15is eligible to receive benefits under this paragraph if the child care is provided by a
16child care provider, as defined in s.
46.98 49.132 (1) (am). The formula for
17determining the amount of assistance shall be the same as the formula established
18by the department under s. 49.191 (2). The rates for child care services under this
19paragraph shall be determined under s.
46.98 49.132 (4) (d), (dg) or (dm), whichever
20is applicable, or, if a higher rate is established under s.
46.98 49.132 (4) (e) and if the
21child care services meet the quality standards established under s.
46.98 49.132 (4)
22(e), the rates for child care services under this paragraph that meet those standards
23shall be determined under s.
46.98 49.132 (4) (e). The department shall promulgate
24rules for the disbursement of funds under this paragraph.
AB1067-ASA1,45,9
149.27
(10) (c)
Children's services network. Each county department under s.
246.215, 46.22 or 46.23 entering into a contract with the department under par. (a)
3shall establish a children's services network. The children's services network shall
4provide information about community resources available to the children in a
5work-not-welfare group during the work-not-welfare group's benefit period and
6the work-not-welfare group's period of ineligibility under sub. (4) (f), including
7charitable food and clothing centers; the state supplemental food program for
8women, infants and children under s. 253.06; and child care programs under s.
46.98 949.132.
AB1067-ASA1,45,1412
49.27
(10) (e)
Child support assistance. From the appropriation under s.
20.435 1320.445 (3) (cb), the department
of health and social services may provide funds to
14pilot counties for assistance in establishing paternity and obtaining child support.
AB1067-ASA1,45,2317
49.32
(1) (a) The department shall establish a uniform system of fees for
18services provided or purchased under this subchapter by the department, or a county
19department under s. 46.215, 46.22 or 46.23, except
as provided in s. 49.22 (6) and
20except where, as determined by the department, a fee is administratively unfeasible
21or would significantly prevent accomplishing the purpose of the service. A county
22department under s. 46.215, 46.22 or 46.23 shall apply the fees which it collects
23under this program to cover the cost of such services.
AB1067-ASA1,46,9
149.83 Limitation on giving information. Except as provided under s. 49.32
2(9) and (10), no person may use or disclose information concerning applicants and
3recipients of relief funded by a relief block grant, aid to families with dependent
4children, Wisconsin works under ss. 49.141 to 49.161, social services
, child and
5spousal support and establishment of paternity services under s. 49.22 or
6supplemental payments under s. 49.77
, for any purpose not connected with the
7administration of the programs. Any person violating this
subsection section may
8be fined not less than $25 nor more than $500 or imprisoned in the county jail not
9less than 10 days nor more than one year or both.
AB1067-ASA1,46,2111
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
12or board shall submit to the corporation counsel a report of its findings. Upon receipt
13of the report the corporation counsel shall, within 60 days, apply to the circuit court
14for the county in which the dependent person under sub. (1) (a) 1. or the child of a
15dependent person under sub. (1) (a) 2. resides for an order to compel the
16maintenance. Upon such an application the corporation counsel shall make a
17written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
18to the chairperson of the county board of supervisors in a county with a single-county
19department or the county boards of supervisors in counties with a multicounty
20department, and to the department of health and social services
or the department
21of industry, labor and job development, whichever is appropriate.
AB1067-ASA1,47,724
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
25grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
1is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
2dependent minor or the child's parent may apply to the circuit court for the county
3in which the child resides for an order to compel the provision of maintenance. A
4county department under s. 46.215, 46.22 or 46.23, a county child support agency or
5the department of
health and social services industry, labor and job development 6may initiate an action to obtain maintenance of the child by the child's grandparent
7under sub. (1) (a) 2., regardless of whether the child receives public assistance.
AB1067-ASA1,47,2510
59.07
(97) Child and spousal support; paternity program; medical support
11liability program. The county board shall contract with the department of
health
12and social services industry, labor and job development to implement and administer
13the child and spousal support and establishment of paternity and the medical
14support liability programs provided for by Title IV of the federal social security act.
15The board may designate by board resolution any office, officer, board, department
16or agency as the county designee. The board or its designee shall implement and
17administer the programs in accordance with the contract with the
state department
18of
health and social services industry, labor and job development. The attorneys
19responsible for support enforcement under s. 59.458 (1), family court commissioner,
20clerk of court and all other county officials shall cooperate with the county and the
21department
of industry, labor and job development as necessary to provide the
22services required under the programs. The county shall charge the fee established
23by the department
of industry, labor and job development under s.
46.25 49.22 for
24services provided under this subsection to persons not receiving benefits under s.
2549.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.
AB1067-ASA1,48,62
59.395
(7) Cooperate with the department of
health and social services 3industry, labor and job development with respect to the child and spousal support
4and establishment of paternity and medical liability support program under ss.
546.25 49.22 and 59.07 (97), and provide that department with any information from
6court records which it requires to administer that program.
AB1067-ASA1,48,118
59.458
(2) Attorneys responsible for support enforcement under sub. (1) shall
9institute, commence, appear in or perform other prescribed duties in actions or
10proceedings under ss.
46.25 49.22 (7), 59.07 (97), 767.075, 767.08 and 767.45 and ch.
11769.
AB1067-ASA1,48,1913
69.03
(14) Provide hospitals with a pamphlet containing information for
14parents about birth certificates including how to add the name of the father of a child
15whose parents were not married at any time from the conception to the birth of the
16child to the birth certificate under s. 69.15 (3) (b) or, if the father will not sign an
17affidavit, through a paternity action; the legal significance and future medical
18advantages to the child of having the father's name inserted on the birth certificate;
19and the availability of services under s.
46.25 49.22.
AB1067-ASA1,49,521
69.15
(3) (b) 3. Except as provided under par. (c), if the state registrar receives
22a statement acknowledging paternity on a form prescribed by the state registrar and
23signed by both parents, along with the fee under s. 69.22, the state registrar shall
24insert the name of the father under subd. 1. The state registrar shall mark the
25certificate to show that the form is on file. The form shall be available to the
1department
of industry, labor and job development or its designee under s. 59.07 (97)
2pursuant to the program responsibilities under s.
46.25 49.22 or to any other person
3with a direct and tangible interest in the record. The state registrar shall include
4on the form for the acknowledgment a notice of the information in ss. 767.458 (1) (a)
5to (e) and 767.62.
AB1067-ASA1,49,128
71.75
(1) Except as provided in ss.
46.255 49.855, 71.77 (5) and (7) (b) and
971.935, the provisions for refunds and credits provided in this section shall be the
10only method for the filing and review of claims for refund of income and surtaxes, and
11no person may bring any action or proceeding for the recovery of such taxes other
12than as provided in this section.
AB1067-ASA1,49,1615
71.75
(9) All refunds under this chapter are subject to attachment under ss.
1646.255 49.855, 71.93 and 71.935.
AB1067-ASA1,49,2218
71.78
(4) (g) Employes of this state, to the extent that the department of
19revenue deems the examination necessary for the employes to perform their duties
20under contracts or agreements between the department and any other department,
21division, bureau, board or commission of this state relating to the administration of
22tax laws or child and spousal support enforcement under s.
46.25 49.22.
AB1067-ASA1,50,14
171.80
(3) Crediting of overpayments on individual or separate returns. In
2the case of any overpayment, refundable credit or refund on an individual or separate
3return, the department of revenue, within the applicable period of limitations, may
4credit the amount of overpayment, refundable credit or refund including any interest
5allowed, against any liability in respect to any tax collected by the department, a debt
6under s. 71.93 or 71.935 or a certification under s.
46.255 49.855 on the part of the
7person who made the overpayment or received the refundable credit or the refund
8and shall refund any balance to the person. The department shall presume that the
9overpayment, refundable credit or refund is nonmarital property of the filer. Within
102 years after the crediting, the spouse or former spouse of the person filing the return
11may file a claim for a refund of amounts credited by the department if the spouse or
12former spouse shows by clear and convincing evidence that all or part of the state tax
13overpayment, refundable credit or refund was nonmarital property of the
14nonobligated spouse.
AB1067-ASA1,50,2217
71.80
(3m) (a) Against any liability of either spouse or both spouses in respect
18to an amount owed the department, a certification under s.
46.255 49.855 that is
19subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55
20(2) (b) and that was incurred during marriage by a spouse after December 31, 1985,
21or after both spouses are domiciled in this state, whichever is later, except as
22provided in s. 71.10 (6) (a) and (b) and (6m).
AB1067-ASA1,51,2
171.80
(3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification
2under s.
46.255 49.855 if that debt or certification is not subject to s. 766.55 (2) (b).
AB1067-ASA1,51,145
71.88
(1) (a)
Contested assessments and claims for refund. Except for refunds
6set off under s. 71.93 in respect to which appeal is to the agency to which the debt is
7owed, except for refunds set off under s. 71.935 in respect to which an appeal is held
8under procedures that the department of revenue establishes and except for refunds
9set off under s.
46.255 49.855 in respect to which a hearing is held before the circuit
10court, any person feeling aggrieved by a notice of additional assessment, refund, or
11notice of denial of refund may, within 60 days after receipt of the notice, petition the
12department of revenue for redetermination. A petition or an appeal by one spouse
13is a petition or an appeal by both spouses. The department shall make a
14redetermination on the petition within 6 months after it is filed.
AB1067-ASA1,51,1916
71.93
(1) (a) 2. A delinquent child support or spousal support obligation that
17has been reduced to a judgment and has been submitted by an agency of another
18state to the department of
health and social services
industry, labor and job
19development for certification under this section.
AB1067-ASA1,52,321
77.59
(5) The department may offset the amount of any refund for a period,
22together with interest on the refund, against deficiencies for another period, and
23against penalties and interest on the deficiencies, or against any amount of whatever
24kind, due and owing on the books of the department from the person claiming the
25refund. If the refund is to be paid to a buyer, the department may also set off amounts
1in the manner in which it sets off income tax and franchise tax refunds under s. 71.93
2and may set off amounts for child support or maintenance or both in the manner in
3which it sets off income taxes under ss.
46.255 49.855 and 71.93 (3), (6) and (7).
AB1067-ASA1,52,65
101.123
(1) (ad) "Day care center" has the meaning given in s.
46.986 49.136 6(1) (d).
AB1067-ASA1,52,108
103.005
(18) The department shall administer the child support and paternity
9establishment programs under subch. III of ch. 49, as well as perform other functions
10related to child support that are specified in ch. 49.
AB1067-ASA1,52,1912
108.13
(4) (b) A claimant filing a new claim for unemployment compensation
13shall, at the time of filing the claim, disclose whether or not he or she owes child
14support obligations. If any such claimant discloses that he or she owes child support
15obligations and is determined to be eligible for unemployment compensation, the
16department of industry, labor and human relations shall
, upon request of the
17department of health and social services, notify the
state or local child support
18enforcement agency enforcing the obligations that the claimant has been determined
19to be eligible for unemployment compensation.
AB1067-ASA1,52,2521
108.13
(4) (f) This subsection applies only if appropriate arrangements are
22made for the
state or local child support enforcement agency to reimburse the
23department for administrative costs incurred by the department that are
24attributable to the interception of unemployment compensation for child support
25obligations.
AB1067-ASA1,53,32
119.72
(2) (a) Children with a parent eligible for day care funds under s.
46.98 349.132 (4) (a) 1. to 3.
AB1067-ASA1,53,76
119.72
(2) (b) Children with a parent in need of child care services funded under
7s.
46.40 (2) 49.132.
AB1067-ASA1,53,129
144.25
(8) (L) A grant may not be made to an individual if the department
10receives a certification under s.
46.255 49.855 (7) that the individual is delinquent
11in child support or maintenance payments
or owes past support, medical expenses
12or birth expenses.
AB1067-ASA1,53,2114
145.245
(5m) (b) The department shall notify a governmental unit if it receives
15a certification under s.
46.255 49.855 (7) that an individual is delinquent in child
16support or maintenance payments
or owes past support, medical expenses or birth
17expenses. The department or a governmental unit shall deny an application under
18this section if the department receives a certification under s.
46.255 49.855 (7) that
19the applicant or an individual who would be directly benefited by the grant is
20delinquent in child support or maintenance payments
or owes past support, medical
21expenses or birth expenses.
AB1067-ASA1,54,1023
234.04
(2) The authority may make or participate in the making and enter into
24commitments for the making of long-term mortgage loans to eligible sponsors of
25housing projects for occupancy by persons and families of low and moderate income,
1or for the making of homeownership mortgage loans or housing rehabilitation loans
2to persons and families of low and moderate income, an applicant under s. 234.59 or
3other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon
4the determination by the authority that they are not otherwise available from
5private lenders upon reasonably equivalent terms and conditions. The authority
6may not make a loan to a person if it receives a certification under s.
46.255 49.855 7(7) that the person is delinquent in child support or maintenance payments
or owes
8past support, medical expenses or birth expenses. The authority may employ, for
9such compensation as it determines, the services of any financial institution in
10connection with any loan.
AB1067-ASA1,54,1512
234.49
(1) (c) "Eligible beneficiary" means a person for whom the authority has
13not received a certification from the department of
health and social services 14industry, labor and job development under s.
46.255 49.855 (7) or a family who or
15which falls within the income limits specified in par. (f).
AB1067-ASA1,54,2117
234.59
(3) (c) The authority shall notify an eligible lender if it receives a
18certification under s.
46.255 49.855 (7) that a person is delinquent in child support
19or maintenance payments
or owes past support, medical expenses or birth expenses.
20An eligible lender may not make a loan to an applicant if it receives notification under
21this paragraph concerning the applicant.
AB1067-ASA1,54,2523
234.65
(3) (f) The authority has not received a certification under s.
46.255 2449.855 (7) that the person receiving the loan is delinquent in child support or
25maintenance payments
or owes past support, medical expenses or birth expenses.
AB1067-ASA1,55,42
234.90
(3) (d) The authority has not received a certification under s.
46.255 349.855 (7) that the farmer is delinquent in making child support or maintenance
4payments
or owes past support, medical expenses or birth expenses.
AB1067-ASA1,55,86
234.90
(3g) (c) The authority has not received a certification under s.
46.255 749.855 (7) that the farmer is delinquent in making child support or maintenance
8payments
or owes past support, medical expenses or birth expenses.
AB1067-ASA1,55,1210
234.905
(3) (d) The authority has not received a certification under s.
46.255 1149.855 (7) that the farmer is delinquent in making child support or maintenance
12payments
or owes past support, medical expenses or birth expenses.