LRBs0716/1
GMM:all:cb
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 1067
May 1, 1996 - Offered by Joint committee on Finance.
AB1067-ASA1,3,14
1An Act to repeal 20.435 (3) (cc), 46.03 (7) (b), 46.25 (7), 46.252, 46.40 (4m), 46.45
2(1), 46.98 (1) (d), 46.98 (4g) (title), 46.98 (4g) (a), 46.98 (4g) (b), 46.98 (4g) (c) and
3(d), 46.986 (3) (title), 767.02 (3), 767.085 (1) (g) and 767.085 (5);
to renumber
420.435 (3) (g), 46.25 (2m), 46.25 (2p), 46.25 (3) and (4), 46.25 (6), 46.25 (7m),
546.25 (11), 46.255 (title), 46.255 (3), 46.255 (4m) (a), 46.255 (4m) (d), 46.258
6(title), 46.258 (2) (a) 1., 46.979 (title), 46.979 (1), 46.979 (3), 46.98 (title) and (1)
7(intro.), (ad), (ag) and (am), 46.98 (1) (at), 46.98 (1) (b), 46.98 (1) (bd) and (bf),
846.98 (1) (bm) and (c), 46.98 (1) (cm), 46.98 (2) (b), 46.98 (2m) (title), 46.98 (2m)
9(a), 46.98 (2m) (c) and (d) 1., 46.98 (2m) (d) 2., 46.98 (2r) (title), (a), (b) and (d),
1046.98 (3) (title), 46.98 (3) (a) and (b), 46.98 (3) (c), 46.98 (4) (title), (a) (intro.) and
111., 46.98 (4) (a) 2., 46.98 (4) (a) 3., 46.98 (4) (am), 46.98 (4) (b), 46.98 (4) (c), 46.98
12(4) (d), 46.98 (4) (dg) and (dm), 46.98 (4) (e), 46.98 (5), 46.98 (6), 46.984 (title),
1346.984 (1), 46.984 (2) (title), 46.984 (2) (c) and (d) and (3), 46.984 (4) (a), 46.984
14(4) (intro.), (b) and (c), 46.986 (title), 46.986 (1) (intro.), 46.986 (1) (b), 46.986 (1)
15(d), (e), (g), (j) and (k), 46.986 (1) (m), 46.986 (1) (n), 46.986 (2) (title), 46.986 (2)
16(b) and (cm), 46.986 (6), 46.986 (7), 46.987 (title), 46.987 (1) (intro.), 46.987 (1)
1(a), 46.987 (1) (c), 46.987 (2) (title), 46.987 (2) (b) and (c), 46.987 (3) (title), 46.987
2(3) (b), 46.987 (4) (b), 46.987 (4) (d) to (h) and (5) and 46.987 (6);
to renumber
3and amend 20.435 (3) (cb), 20.435 (3) (ja), 20.435 (3) (jg), 46.25 (title), (1) and
4(2), 46.25 (8) and (9) (a), 46.25 (9) (b), 46.255 (1), 46.255 (2) and (2m), 46.255 (4),
546.255 (4m) (b) and (c), 46.255 (5) and (6), 46.255 (7), 46.258 (1), 46.258 (2) (a)
6(intro.), 46.258 (2) (a) 2. and 3. and (b), 46.979 (2) (intro.), 46.979 (2) (b) 1., 46.979
7(2) (b) 2., 46.979 (2) (c) (intro.), 46.979 (2) (c) 1., 46.979 (2) (c) 2., 46.979 (2) (c)
83., 46.979 (2) (c) 4., 46.98 (2) (c), 46.982, 46.984 (2) (a), 46.986 (2) (a), 46.987 (1)
9(b), 46.987 (1) (d), 46.987 (1) (e), 46.987 (2) (a), 46.987 (3) (a), 46.987 (3) (c),
1046.987 (4) (intro.), 46.987 (4) (a) and 46.987 (4) (c);
to amend 20.435 (1) (n),
1120.435 (7) (o), 20.445 (1) (k), 20.445 (3) (a), 20.445 (3) (n), 20.445 (3) (nL), 20.445
12(3) (p), 20.855 (7) (j), 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1) (b), 39.30
13(2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.25 (4) (b), 45.351 (2) (c),
1445.356 (6), 45.396 (6), 45.74 (6), 46.03 (7) (bm), 46.03 (18) (a), 46.10 (14) (b),
1546.215 (1) (p), 46.22 (1) (b) 1. f., 46.40 (1) (a), 46.45 (intro.), 46.45 (6), 46.49 (1),
1646.495 (1) (d), 46.495 (1) (dc), 46.495 (1) (f), 46.979 (2) (a), 46.98 (2) (a), 48.30 (6),
1748.31 (7), 48.357 (5m), 48.36 (1) (b), 48.363 (1), 48.651 (1) (intro.), 49.191 (1) (b),
1849.191 (2), 49.193 (8) (a), 49.22 (7), 49.25 (8) (a), 49.25 (8) (b), 49.27 (6) (c), 49.27
19(10) (c), 49.27 (10) (e), 49.32 (1) (a), 49.83, 49.90 (2), 49.90 (2g), 59.07 (97), 59.395
20(7), 59.458 (2), 69.03 (14), 69.15 (3) (b) 3., 71.75 (1), 71.75 (9), 71.78 (4) (g), 71.80
21(3), 71.80 (3m) (a), 71.80 (3m) (b) 2., 71.88 (1) (a), 71.93 (1) (a) 2., 77.59 (5),
22101.123 (1) (ad), 108.13 (4) (b), 108.13 (4) (f), 119.72 (2) (a), 119.72 (2) (b), 144.25
23(8) (L), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f),
24234.90 (3) (d), 234.90 (3g) (c), 234.905 (3) (d), 565.30 (5), 565.30 (5m), 767.045
25(1) (c) 1., 767.045 (1) (c) 2., 767.075 (1) (a), 767.075 (1) (b), 767.075 (2) (a),
1767.075 (2) (b), 767.077 (intro.), 767.078 (1) (d) 1. c., 767.078 (1) (d) 3., 767.08
2(3), 767.085 (2) (b), 767.085 (2m) (a) 2., 767.13 (7), 767.15 (2), 767.23 (1n), 767.25
3(1g), 767.25 (1j), 767.25 (4m) (d) 2., 767.25 (4m) (e) 1., 767.262 (1) (b), 767.262
4(3), 767.265 (6) (c), 767.27 (3) (b), 767.27 (4), 767.29 (1), 767.29 (2), 767.295 (2)
5(a) 2., 767.295 (2) (c), 767.32 (1) (a), 767.32 (1) (b) 4., 767.32 (1) (c) 1., 767.32 (2),
6767.32 (4), 767.33 (1), 767.45 (6m), 767.45 (7), 767.455 (6), 767.47 (6) (a), 767.51
7(3m) (d) 2., 767.51 (3m) (e) 1., 767.51 (4g), 767.51 (4m), 767.52 (3), 767.53 (2),
8769.31 (1), 949.08 (2) (g) and 978.06 (6);
to repeal and recreate 20.435 (1) (n),
920.445 (3) (n), 20.445 (3) (nL), 46.495 (1) (d), 46.495 (1) (dc) and 46.495 (1) (f);
10and
to create 20.445 (3) (cp), 49.13, 49.131 (4), 49.22 (7), 103.005 (18) and
11767.001 (1d) of the statutes;
relating to: transferring the bureau of child
12support and the office of child care from the department of health and family
13services to the department of industry, labor and job development, granting
14rule-making authority and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1067-ASA1, s. 1
15Section
1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
16the following amounts for the purposes indicated:
-
See PDF for table AB1067-ASA1, s. 2
1Section
2. 20.435 (1) (n) of the statutes is repealed and recreated to read:
AB1067-ASA1,4,52
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-ASA1, s. 3
6Section
3. 20.435 (1) (n) of the statutes, as affected by 1995 Wisconsin Act ....
7(this act), is amended to read:
AB1067-ASA1,4,118
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-ASA1,4,1914
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
18Milwaukee County under s. 49.25 (8) (b) to fund an additional family court
19commissioner.
AB1067-ASA1,5,4
120.445
(3) (ja)
Child support state operations — fees. All moneys received from
2fees charged under s.
46.25 49.22 (8) and from fees charged and incentive payments
3and collections retained under s.
46.25 49.22 (7m), for administering the program
4under s.
46.25 49.22 and all other purposes specified in s.
46.25 49.22.
AB1067-ASA1,5,157
20.445
(3) (jg)
State child care program operations. All moneys transferred
8from
sub. s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993
9stats., for the purposes of providing child care services under ss.
46.98 49.132 (2m)
, 10and (3)
and (4g) and 49.191 (1) (b) and (2)
, and for providing training for child care
11providers
, and for automating state child care licensing. All moneys transferred
12from
sub. s. 20.435 (7) (b) under s. 46.40 (3) (b) 2., 1993 stats., and s. 46.40 (4) (c), 1993
13stats., shall be distributed in the calendar year immediately following the transfer
14according to an expenditure plan that is determined by the department and approved
15by the secretary of administration.
AB1067-ASA1,6,518
20.435
(7) (o)
Federal aid; community aids. All federal moneys received in
19amounts pursuant to allocation plans developed by the department for the provision
20or purchase of services authorized under par. (b) and s. 46.70; all federal moneys
21received as child welfare funds under
42 USC 620 to
626 as limited under s. 48.985;
22all federal child care and development block grant funds received under 42 USC 9858
23that are allocated under s. 46.40 (4m) for distribution under s. 46.98 (2); all federal
24moneys received as child care grants under 42 USC 603 (n) as allocated under s. 46.40
25(4m) and distributed under s. 46.98 (2); and all unanticipated federal social services
1block grant funds received under
42 USC 1397 to
1397e, in accordance with s. 46.49
2(2), for distribution under s. 46.40. Disbursements from this appropriation may be
3made directly to counties for social and mental hygiene services under s. 46.03 (20)
4(b) or 46.031 or directly to counties in accordance with federal requirements for the
5disbursal of federal funds.
AB1067-ASA1,6,107
20.445
(1) (k)
Fees. All moneys received from fees charged to counties
and to
8the department of health and social services under ss.
46.25 49.22 (8) and 108.13 (4)
9(f) for administrative costs incurred in the enforcement of child and spousal support
10obligations under
42 USC 654.
AB1067-ASA1,6,1913
20.445
(3) (a)
General program operations. The amounts in the schedule for
14general program operations relating to economic support, including field services
15and administrative services
, and for administering the program under s. 49.22 and
16all other purposes specified in s. 49.22. No moneys may be expended under this
17paragraph for the program under, or any other purpose specified in, s. 49.22 unless
18moneys appropriated under par. (ja) are insufficient for the purposes specified under
19that paragraph.
AB1067-ASA1,6,2221
20.445
(3) (cp)
At-risk and low-income child care. The amounts in the schedule
22for at-risk and low-income child care under s. 49.132.
AB1067-ASA1,7,4
120.445
(3) (n)
Federal program operations. All moneys received from the
2federal government or any of its agencies for the state administration of continuing
3programs
and all moneys transferred from the appropriation accounts under s.
420.435 (3) (n) and (8) (n), to be expended for the purposes specified.
AB1067-ASA1, s. 14
5Section
14. 20.445 (3) (n) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is repealed and recreated to read:
AB1067-ASA1,7,97
20.445
(3) (n)
Federal program operations. All moneys received from the
8federal government or any of its agencies for the state administration of continuing
9programs to be expended for the purposes specified.
AB1067-ASA1,7,1812
20.445
(3) (nL)
Federal program local assistance. All moneys received from the
13federal government or any of its agencies for continuing programs
and all moneys
14transferred from the appropriation account under s. 20.435 (3) (nL), to be expended
15as local assistance for the purposes specified, except that the following amounts shall
16lapse from this appropriation to the general fund: in each calendar year, 55% of the
17federal moneys made available to support prosecution of welfare fraud in this state,
18as determined by the secretary of administration.
AB1067-ASA1, s. 16
19Section
16. 20.445 (3) (nL) of the statutes, as affected by 1995 Wisconsin Act
20.... (this act), is repealed and recreated to read:
AB1067-ASA1,8,221
20.445
(3) (nL)
Federal program local assistance. All moneys received from the
22federal government or any of its agencies for continuing programs to be expended as
23local assistance for the purposes specified, except that the following amounts shall
24lapse from this appropriation to the general fund: in each calendar year, 55% of the
1federal moneys made available to support prosecution of welfare fraud in this state,
2as determined by the secretary of administration.
AB1067-ASA1,8,135
20.445
(3) (p)
Federal aid; income maintenance payments. All federal moneys
6received for meeting costs of county administered public assistance programs under
7subch. III of ch. 49, the costs of the child and spousal support and establishment of
8paternity program under s.
46.25 49.22 and the cost of child care and related
9transportation under s. 49.26 (1) (e). Disbursements under s. 46.03 (20) may be made
10from this appropriation. Any disbursement made under this appropriation to carry
11out a contract under ss.
46.25 49.22 (7) and 59.07 (97) shall be in accordance with the
12formula established by the department of
health and social services industry, labor
13and job development under s.
46.25 49.22 (7).
AB1067-ASA1,8,1816
20.855
(7) (j)
Delinquent support and maintenance payments. All moneys
17received under s.
46.255 49.855 for child support, maintenance, medical expenses or
18birth expenses, to be distributed to clerks of court.
AB1067-ASA1,8,2220
21.49
(2) (e) Delinquent in child support or maintenance payments
and who
21does not owe past support, medical expenses or birth expenses, as established by the
22receipt by the department of a certification under s.
46.255 49.855 (7).
AB1067-ASA1,9,224
36.11
(6) (b) The board may not make a grant under par. (a) to a person if it
25receives a certification under s.
46.255 49.855 (7) that the person is delinquent in
1child support or maintenance payments
or owes past support, medical expenses or
2birth expenses.
AB1067-ASA1,9,114
36.25
(14) Graduate student financial aid. The board shall establish a grant
5program for minority and disadvantaged graduate students enrolled in the system.
6The grants shall be awarded from the appropriation under s. 20.285 (4) (b). The
7board shall give preference in awarding grants under this subsection to residents of
8this state. The board may not make a grant under this subsection to a person if it
9receives a certification under s.
46.255 49.855 (7) that the person is delinquent in
10child support or maintenance payments
or owes past support, medical expenses or
11birth expenses.
AB1067-ASA1,9,1913
36.34
(1) (b) The board shall establish a grant program for minority
14undergraduates enrolled in the system. The board shall designate all grants under
15this subsection as Lawton grants. Grants shall be awarded from the appropriation
16under s. 20.285 (4) (dd). The board may not make a grant under this subsection to
17a person if it receives a certification under s.
46.255 49.855 (7) that the person is
18delinquent in child support or maintenance payments
or owes past support, medical
19expenses or birth expenses.
AB1067-ASA1,9,2522
39.30
(2) (e) The department may not make a grant to a student if the
23department receives a certification under s.
46.255
49.855 (7) that the student is
24delinquent in child support or maintenance payments
or owes past support, medical
25expenses or birth expenses.
AB1067-ASA1,10,173
39.38
(2) Grants under this section shall be based on financial need, as
4determined by the department. The maximum grant shall not exceed $2,200 per
5year, of which not more than $1,100 may be from the appropriation under s. 20.235
6(1) (fb). State aid from this appropriation may be matched by a contribution from a
7federally recognized American Indian tribe or band that is deposited in the general
8fund and credited to the appropriation account under s. 20.235 (1) (gm). Grants shall
9be awarded to students for full-time or part-time attendance at any accredited
10institution of higher education in this state. The department may not make a grant
11under this section to a student if the department receives a certification under s.
1246.255 49.855 (7) that the student is delinquent in child support or maintenance
13payments
or owes past support, medical expenses or birth expenses. Grants shall
14be renewable for up to 5 years if a recipient remains in good academic standing at
15the institution that he or she is attending. The American Indian language and
16culture education board shall advise the department on the allocation of grants to
17students enrolled less than half-time.
AB1067-ASA1,10,2320
39.435
(6) The department may not make a grant under this section to a person
21if the department receives a certification under s.
46.255 49.855 (7) that the person
22is delinquent in child support or maintenance payments
or owes past support,
23medical expenses or birth expenses.
AB1067-ASA1,11,6
139.44
(4) The department shall notify an institution or school receiving funds
2under sub. (2) if the department receives a certification under s.
46.255 49.855 (7)
3that a student is delinquent in child support or maintenance payments
or owes past
4support, medical expenses or birth expenses. An institution or school may not award
5a grant under this section to a student if it receives a notification under this
6subsection concerning that student.
AB1067-ASA1,11,129
39.47
(2m) No resident of this state may receive a waiver of nonresident tuition
10under this section if the department receives a certification under s.
46.255 49.855 11(7) that the resident is delinquent in child support or maintenance payments
or owes
12past support, medical expenses or birth expenses.
AB1067-ASA1,11,1714
45.25
(4) (b) The department may not provide reimbursement under sub. (2)
15to an individual who is delinquent in child support or maintenance payments
or who
16owes past support, medical expenses or birth expenses, as established by the receipt
17by the department of a certification under s.
46.255
49.855.
AB1067-ASA1,11,2219
45.351
(2) (c) No person may receive a loan under this subsection if the
20department receives a certification under s.
46.255
49.855 (7) that the person is
21delinquent in child support or maintenance payments
or owes past support, medical
22expenses or birth expenses.
AB1067-ASA1,12,224
45.356
(6) No person may receive a loan under this section if the department
25receives a certification under s.
46.255 49.855 (7) that the person is delinquent in
1child support or maintenance payments
or owes past support, medical expenses or
2birth expenses.
AB1067-ASA1,12,74
45.396
(6) The department may not make a grant to a person under this section
5if it receives a certification under s.
46.255 49.855 (7) that the person is delinquent
6in child support or maintenance payments
or owes past support, medical expenses
7or birth expenses.
AB1067-ASA1,12,119
45.74
(6) Delinquent support payments. It has received a certification under
10s.
46.255 49.855 (7) that the person is delinquent in child support or maintenance
11payments
or owes past support, medical expenses or birth expenses.
AB1067-ASA1,13,215
46.03
(7) (bm) Maintain a file containing records of artificial inseminations
16under s. 891.40 and records of declarations of paternal interest under s. 48.025 and
17of statements acknowledging paternity under s. 69.15 (3) (b). The department shall
18release these records only upon an order of the court except that the department may
19use nonidentifying information concerning artificial inseminations for the purpose
20of compiling statistics and except that records relating to declarations of paternal
21interest and statements acknowledging paternity
may be used shall be released to
22the department of industry, labor and job development or its designee under s. 59.07
23(97) without a court order upon the request of the department
of industry, labor and
24job development or its designee under s. 59.07 (97) pursuant to the program
1responsibilities under s.
46.25 49.22 or by any other person with a direct and tangible
2interest in the record.
AB1067-ASA1,13,195
46.03
(18) (a) Except as provided in s. 46.10 (14) (b) and (c), the department of
6health and family services shall establish a uniform system of fees for services
7provided or purchased by the department of health and family services, or a county
8department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided
9under subch. III of ch. 49; services relating to adoption; services provided to courts;
10child support and paternity establishment services to recipients of aid to families
11with dependent children; outreach, information and referral services; or where, as
12determined by the department of health and family services, a fee is administratively
13unfeasible or would significantly prevent accomplishing the purpose of the service.
14A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees
15which it collects under this program to cover the cost of such services. The
16department of health and family services shall report to the joint committee on
17finance no later than March 1 of each year on the number of children placed for
18adoption by the department of health and family services during the previous year
19and the costs to the state for services relating to such adoptions.
AB1067-ASA1,14,522
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
23of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
24parent's minor child who has been placed by a court order under s. 48.355, 48.357,
25938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group
1home, foster home, treatment foster home, child caring institution or juvenile
2correctional institution shall be determined by the court by using the percentage
3standard established by the department
of industry, labor and job development 4under s.
46.25 49.22 (9)
(a) and by applying the percentage standard in the manner
5established by the department under s.
46.25 (9) (b)
46.247.
AB1067-ASA1,14,87
46.215
(1) (p) To establish and administer the child care program under s.
46.98 849.132.
AB1067-ASA1,14,1211
46.22
(1) (b) 1. f. To establish and administer the child care program under s.
1246.98 49.132.
AB1067-ASA1, s. 39
13Section
39. 46.25 (title), (1) and (2) of the statutes are renumbered 49.22
14(title), (1) and (2), and 49.22 (1), as renumbered, is amended to read: