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:
AB1067-ASA1,15,415
49.22
(1) There is created a child and spousal support and establishment of
16paternity and medical liability support program in the department. The purpose of
17this program is to establish paternity when possible, to establish or modify support
18obligations, to enforce support obligations owed by parents to their children and
19maintenance obligations owed to spouses or former spouses with whom the children
20reside in this state or owed in other states if the support order was issued in this state
21or owed in other states if the parent, spouse or former spouse resides in this state,
22to locate persons who are alleged to have taken their child in violation of s. 948.31
23or of similar laws in other states, and to locate and value property of any person
24having a support duty. To accomplish the objectives of this program and of other
25assistance programs under
ch. 49 this chapter, county and state agencies will
1cooperate with one another to implement a child and spousal support and paternity
2establishment program in accordance with state and federal laws, regulations and
3rules and to assure proper distribution of benefits of all assistance programs
4authorized under
ch. 49 this chapter.
AB1067-ASA1, s. 42
9Section
42. 46.25 (3) and (4) of the statutes are renumbered 49.22 (3) and (4).
AB1067-ASA1, s. 46
16Section
46. 46.25 (8) and (9) (a) of the statutes are renumbered 49.22 (8) and
17(9), and 49.22 (8), as renumbered, is amended to read:
AB1067-ASA1,15,2318
49.22
(8) The department may charge other states and counties seeking
19collection of child and spousal support for any administrative costs it incurs in
20providing services related to interstate child support collections, the federal parent
21locator service under
42 USC 653, the interception of unemployment compensation
22under
42 USC 654 or the withholding of state and federal income tax refunds under
23s.
46.255 49.855 and
42 USC 664.
AB1067-ASA1,16,9
146.247 (title)
Application of child support standard for certain
2children. For purposes of determining child support under s. 46.10 (14) (b), the
3department shall promulgate
separate rules related to the application of the
4standard
established by the department of industry, labor and job development 5under
par. (a) s. 49.22 (9) to a child support obligation for the care and maintenance
6of a child who is placed by a court order under s. 48.355, 48.357, 938.183 (2), 938.355
7or 938.357 in a residential, nonmedical facility. The rules shall take into account the
8needs of any person, including dependent children other than the child, whom either
9parent is legally obligated to support.
AB1067-ASA1, s. 50
13Section
50. 46.255 (title) of the statutes is renumbered 49.855 (title).
AB1067-ASA1,16,2316
49.855
(1) If a person obligated to provide child support or maintenance is
17delinquent in making court-ordered payments, or owes an outstanding amount that
18has been ordered by the court for past support, medical expenses or birth expenses,
19the clerk of circuit court or county support collection designee under s. 59.07 (97m),
20whichever is appropriate, upon application of the county designee under s. 59.07 (97)
21or the department
of industry, labor and job development, shall certify the
22delinquent payment or outstanding amount to the department
of industry, labor and
23job development.
AB1067-ASA1, s. 52
24Section
52. 46.255 (2) and (2m) of the statutes are renumbered 49.855 (2) and
25(2m), and 49.855 (2), as renumbered, is amended to read:
AB1067-ASA1,17,5
149.855
(2) At least annually, the department of
health and social services 2industry, labor and job development shall provide to the department of revenue the
3certifications that it receives under sub. (1) and any certifications of delinquencies
4or outstanding amounts that it receives from another state because the obligor
5resides in this state.
AB1067-ASA1,18,210
49.855
(4) The department of revenue shall send that portion of any state or
11federal tax refunds or credits withheld
for delinquent child support or maintenance
12or past support, medical expenses or birth expenses to the department of
health and
13social services industry, labor and job development for distribution to the appropriate
14clerk of circuit court or county support collection designee under s. 59.07 (97m). The
15department of
health and social services industry, labor and job development shall
16make a settlement at least annually with the department of revenue and with each
17clerk of circuit court or county support collection designee under s. 59.07 (97m) who
18has certified a delinquent obligation or outstanding amount for past support,
19medical expenses or birth expenses. The settlement shall state the amounts
20certified, the amounts deducted from tax refunds and credits and returned to the
21clerk of circuit court or county support collection designee under s. 59.07 (97m) and
22the administrative costs incurred by the department of revenue. The department of
23health and social services industry, labor and job development may charge the county
24whose clerk of circuit court or county support collection designee under s. 59.07 (97m)
25certified the obligation or outstanding amount the related administrative costs
1incurred by the department of
health and social services industry, labor and job
2development and the department of revenue.
AB1067-ASA1, s. 55
3Section
55. 46.255 (4m) (a) of the statutes is renumbered 49.855 (4m) (a).
AB1067-ASA1,19,46
49.855
(4m) (b) The department
of revenue may provide a certification that it
7receives under sub. (2) or (2m) to the department of administration. Upon receipt
8of the certification, the department of administration shall determine whether the
9obligor is a vendor or is receiving any other payments from this state, except for
10wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
11this chapter or ch.
49 46 or 108. If the department of administration determines that
12the obligor is a vendor or is receiving payments from this state, except for wages,
13retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
14chapter or ch. 4
9 46 or 108, it shall begin to withhold the amount certified from those
15payments and shall notify the obligor that the state intends to reduce any payments
16due the obligor by the amount the obligor is delinquent under the support or
17maintenance order, by the outstanding amount for past support, medical expenses
18or birth expenses under the court order or by the amount due under s. 46.10 (4). The
19notice shall provide that within 20 days after receipt of the notice the obligor may
20request a hearing before the circuit court rendering the order. An obligor may, within
2120 days after receiving notice, request a hearing under this paragraph. Within 10
22days after receiving a request for hearing under this paragraph, the court shall set
23the matter for hearing. The family court commissioner may conduct the hearing.
24Pending further order by the court or family court commissioner, the clerk of circuit
25court or county support collection designee under s. 59.07 (97m) may not disburse the
1payments withheld from the obligor. The sole issues at the hearing are whether the
2obligor owes the amount certified and, if not and it is a support or maintenance order,
3whether the money withheld shall be paid to the obligor or held for future support
4or maintenance.
AB1067-ASA1,19,115
(c) Except as provided by order of the court after hearing under par. (b), the
6department of administration shall continue withholding until the amount certified
7is recovered in full. The department of administration shall transfer the amounts
8withheld under this paragraph to the department of
health and social services
9industry, labor and job development for distribution to the appropriate clerk of court
10or, county support collection designee under s. 59.07 (97m)
or department of health
11and family services, whichever is appropriate.
AB1067-ASA1, s. 57
12Section
57. 46.255 (4m) (d) of the statutes is renumbered 49.855 (4m) (d).
AB1067-ASA1,19,2416
49.855
(5) Certification of an obligation to the department of
health and social
17services industry, labor and job development does not deprive any party of the right
18to collect the obligation or to prosecute the obligor. The clerk of court or county
19support collection designee under s. 59.07 (97m), whichever is appropriate, shall
20immediately notify the department
of industry, labor and job development of any
21collection of an obligation that has been certified
by the clerk of court or county
22support collection designee under s. 59.07 (97m). The department
of industry, labor
23and job development shall correct the certified obligation according to the amount
24the county has collected and report the correction to the department of revenue.
AB1067-ASA1, s. 59
1Section
59. 46.255 (7) of the statutes is renumbered 49.855 (7) and amended
2to read:
AB1067-ASA1,20,83
49.855
(7) The department
of industry, labor and job development may provide
4a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
5(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
645.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 144.25 (8) (L), 145.245 (5m) (b), 234.04
7(2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.90 (3) (d) or (3g) (c), 234.905 (3) (d)
8or 949.08 (2) (g).
AB1067-ASA1, s. 60
9Section
60. 46.258 (title) of the statutes is renumbered 49.23 (title).
AB1067-ASA1,21,212
49.23
(1) From the appropriation under s.
20.435 20.445 (3) (cb), the
13department shall award grants to counties for programs to revise child support
14orders. Each county receiving a grant shall review child support orders awarded to
15persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive
16benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m)
17or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate
18actions to revise the orders based on that review. Each county receiving a grant shall
19review child support orders awarded to persons who receive benefits under s. 48.57
20(3m) or 49.148 or whose children receive benefits under s. 49.19 and child support
21orders awarded to persons who do not receive benefits under s. 48.57 (3m) or 49.148
22and whose children do not receive benefits under s. 49.19 in proportion to the number
23of those 2 categories of orders in the county's child support case load. Before a county
24may initiate an action to revise a child support order under this subsection for a
25person who does not receive benefits under s. 48.57 (3m) or 49.148 and whose
1children do not receive benefits under s. 49.19, the custodial parent of the children
2must voluntarily consent to the revision.
AB1067-ASA1,21,95
49.23
(2) (a) (intro.) From the appropriation under s.
20.435 20.445 (3) (cb), the
6department shall provide state incentive payments, in a total amount of not less than
7$259,000 in each fiscal year, to counties that meet the child support collection and
8child support administrative efficiency criteria, according to a distribution formula
9determined by the department that does all of the following:
AB1067-ASA1, s. 64
12Section
64. 46.258 (2) (a) 2. and 3. and (b) of the statutes are renumbered 49.23
13(2) (a) 2. and 3. and (b), and 49.23 (2) (a) 3. and (b), as renumbered, are amended to
14read:
AB1067-ASA1,21,1815
49.23
(2) (a) 3. Provides for state incentive payments to a county in an amount
16such that the total of state and federal incentive payments to the county is not more
17than 5% more than the costs of the county's child support program under s.
46.25 1849.22.
AB1067-ASA1,21,2019
(b) A county that receives a state incentive payment under par. (a) may use the
20funds only to pay the costs of its child support program under s.
46.25 49.22.
AB1067-ASA1,22,423
46.40
(1) (a) Within the limits of available federal funds and of the
24appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
25for community social, mental health, developmental disabilities and alcohol and
1other drug abuse services and for services under ss. 46.51, 46.87,
46.98 (2m), (3) and
2(4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42
3and 51.437
, and to county aging units
and to private nonprofit organizations as
4authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).
AB1067-ASA1,22,16
946.45 Carry-over of community aids funds. (intro.) Funds allocated by
10the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4)
, 46.98 (2) (a) and 51.423
11(2) but not spent or encumbered by counties, governing bodies of federally recognized
12American Indian tribes or private nonprofit organizations by December 31 of each
13year and funds recovered under ss. 46.495 (2) (b) and 51.423 (15) and deposited in
14the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding
15January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or
16as follows:
AB1067-ASA1,22,2320
46.45
(6) The department may carry forward 10% of any funds not carried
21forward under
subs. (1) and sub. (3) for emergencies, for justifiable unit services costs
22above planned levels and to provide compensation for increased costs due to
23population shifts.
AB1067-ASA1,23,18
146.49
(1) Subject to ss. 46.40 (1) (b) and 46.48 (15) (b), if the department
2receives unanticipated federal community mental health services block grant funds
3under
42 USC 300x to
300x-9, federal prevention and treatment of substance abuse
4block grant funds under
42 USC 300x-21 to
300x-35,
federal child care grant funds
5under 42 USC 603 (n), or foster care and adoption assistance payments under
42
6USC 670 to
679a or child care and development block grant funds under 42 USC 9858 7and it proposes to allocate the unanticipated funds so that an allocation limit in s.
846.40 is exceeded, the department shall submit a plan for the proposed allocation to
9the secretary of administration. If the secretary of administration approves the plan,
10he or she shall submit it to the joint committee on finance. If the cochairpersons of
11the committee do not notify the secretary of administration that the committee has
12scheduled a meeting for the purpose of reviewing the plan within 14 working days
13after the date of his or her submittal, the department may implement the plan,
14notwithstanding any allocation limits under s. 46.40. If within 14 working days after
15the date of the submittal by the secretary of administration the cochairpersons of the
16committee notify him or her that the committee has scheduled a meeting for the
17purpose of reviewing the plan, the department may implement the plan,
18notwithstanding s. 46.40, only with the approval of the committee.
AB1067-ASA1,24,1421
46.495
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
22department
of health and family services shall distribute the funding for social
23services, including funding for foster care or treatment foster care of a child on whose
24behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22
25and 46.23 as provided under s. 46.40.
From the appropriations under s. 20.445 (3)
1(cp), (jg) and (md), the department of industry, labor and job development shall
2distribute funding for at-risk and low-income child care under s. 49.132 (2) (a). 3County matching funds are required for the distributions under
s. ss. 46.40 (2)
, (4m) 4and (8)
and 49.132 (2) (a). Each county's required match for a year equals 9.89% of
5the total of the county's distributions for that year for which matching funds are
6required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to
7spend for juvenile delinquency-related services from its distribution for 1987.
8Matching funds may be from county tax levies, federal and state revenue sharing
9funds or private donations to the county that meet the requirements specified in s.
1051.423 (5). Private donations may not exceed 25% of the total county match. If the
11county match is less than the amount required to generate the full amount of state
12and federal funds distributed for this period, the decrease in the amount of state and
13federal funds equals the difference between the required and the actual amount of
14county matching funds.
AB1067-ASA1, s. 72
15Section
72. 46.495 (1) (d) of the statutes, as affected by 1995 Wisconsin Act ....
16(this act), is repealed and recreated to read:
AB1067-ASA1,25,617
46.495
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
18department shall distribute the funding for social services, including funding for
19foster care or treatment foster care of a child on whose behalf aid is received under
20s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under
21s. 46.40. County matching funds are required for the distributions under s. 46.40 (2)
22and (8). Each county's required match for a year equals 9.89% of the total of the
23county's distributions for that year for which matching funds are required plus the
24amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
25delinquency-related services from its distribution for 1987. Matching funds may be
1from county tax levies, federal and state revenue sharing funds or private donations
2to the county that meet the requirements specified in s. 51.423 (5). Private donations
3may not exceed 25% of the total county match. If the county match is less than the
4amount required to generate the full amount of state and federal funds distributed
5for this period, the decrease in the amount of state and federal funds equals the
6difference between the required and the actual amount of county matching funds.
AB1067-ASA1,25,149
46.495
(1) (dc) The department
of health and family services shall prorate the
10amount allocated
by that department to any county department under s. 46.215 or
1146.22 under par. (d) to reflect actual federal funds available.
The department of
12industry, labor and job development shall prorate the amount allocated by that
13department to any county department under s. 46.215 or 46.22 under par. (d) to
14reflect actual federal funds available.
AB1067-ASA1, s. 74
15Section
74. 46.495 (1) (dc) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is repealed and recreated to read:
AB1067-ASA1,25,1917
46.495
(1) (dc) The department shall prorate the amount allocated to any
18county department under s. 46.215 or 46.22 under par. (d) to reflect actual federal
19funds available.
AB1067-ASA1,26,222
46.495
(1) (f) 1. If any state matching funds allocated
by the department of
23health and family services under par. (d) to match county funds are not claimed, the
24funds shall be redistributed for the purposes
the
that department designates.
If any
25state matching funds allocated by the department of industry, labor and job
1development under par. (d) to match county funds are not claimed, the funds shall
2be redistributed for the purposes that department designates.
AB1067-ASA1,26,73
2. The county allocation to match aid increases shall be included in the
contract 4contracts under
s. ss. 46.031 (2g)
and 49.325 (2g) and approved by January 1 of the
5year for which funds are allocated, in order to generate state aid matching funds.
6All funds allocated under par. (d) shall be included in the
contract contracts under
7s. ss. 46.031 (2g)
and 49.325 (2g) and approved.
AB1067-ASA1, s. 76
8Section
76. 46.495 (1) (f) of the statutes, as affected by 1995 Wisconsin Act ....
9(this act), is repealed and recreated to read:
AB1067-ASA1,26,1210
46.495
(1) (f) 1. If any state matching funds allocated under par. (d) to match
11county funds are not claimed, the funds shall be redistributed for the purposes the
12department designates.
AB1067-ASA1,26,1613
2. The county allocation to match aid increases shall be included in the contract
14under s. 46.031 (2g) and approved by January 1 of the year for which funds are
15allocated, in order to generate state aid matching funds. All funds allocated under
16par. (d) shall be included in the contract under s. 46.031 (2g) and approved.
AB1067-ASA1, s. 77
17Section
77. 46.979 (title) of the statutes is renumbered 49.131 (title).
AB1067-ASA1, s. 79
20Section
79. 46.979 (2) (intro.) of the statutes is renumbered 49.131 (2) (intro.)
21and amended to read:
AB1067-ASA1,26,2422
49.131
(2) (intro.) Subject to
ss.
sub. (4) and s. 16.54 (2)
and 46.49 (1), the
23department shall, within the limits of the availability of the federal child care and
24development block grant funds received under
42 USC 9858, do all of the following:
AB1067-ASA1,27,63
46.979
(2) (a) From the appropriation under s.
20.435 (7) (o), as allocated in s.
446.40 (4m) 20.445 (3) (md), distribute $9,998,500 in fiscal year 1995-96 and
5$10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and
6(3).
AB1067-ASA1,27,139
49.131
(2) (b) 1. From the appropriation under s.
20.435 (3) (kx) 20.445 (3) (mc),
10distribute $190,800 in fiscal year 1995-96 and $197,700 in fiscal year 1996-97 for
11the purposes of providing technical assistance for child care providers and of
12administering the child care programs funded under s.
20.435 (3) (ky) and (7) (b) and
13(o) 20.445 (3) (cp) and (md).
AB1067-ASA1,27,1916
49.131
(2) (b) 2. From the appropriation under s.
20.435 (6) 20.445 (3) (mc)
17distribute $948,300 in fiscal year 1995-96 and transfer $1,026,800 in fiscal year
181996-97
to the appropriation under s. 20.435 (6) (kx) for the purpose of day care
19center licensing under s. 48.65.
AB1067-ASA1,27,2522
49.131
(2) (c) (intro.) From the appropriation under s.
20.435 (3) (ky) 20.445 (3)
23(md), distribute as follows the federal child care and development block grant funds
24that are received under
42 USC 9858 and that are not distributed under par. (a) or
25(b):