AB1067: Bill Text

AB1067,36,4 48.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of industry, labor and job development, or the county child and spousal support agency, under s. 46.25 49.22 (2m). If the court has insufficient information with which to determine the amount of support, the court shall order the child's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

AB1067, s. 135 Section 135. 48.363 (1) of the statutes is amended to read:

AB1067,37,9 48.363 (1) A child, the child's parent, guardian or legal custodian, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves. If a hearing is held, the court shall notify the parent, child, guardian and legal custodian, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of industry, labor and job development under s. 46.25 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.

AB1067, s. 136 Section 136. 48.651 of the statutes is amended to read:

AB1067,37,17 48.651 Certification of day care providers. Each county department shall certify, according to the standards adopted by the department under s. 46.03 (21), each day care provider from whom it purchases services under s. 46.036 on or after January 1, 1985, and each day care provider that provides day care services to parents pursuant to a voucher provided under s. 46.98 49.132 (3) (c) on or after January 1, 1985, unless the provider is a day care center licensed under s. 48.65 or is established or contracted for under s. 120.13 (14).

AB1067, s. 137 Section 137. 49.13 of the statutes is created to read:

AB1067,37,21 49.13 At-risk and low-income child care. Within the limits of available federal funds and the appropriation under s. 20.445 (3) (cp), the department shall distribute under s. 49.132 (2) not more than $21,504,800 in fiscal year 1996-97.

AB1067, s. 138 Section 138. 49.191 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,38,4 49.191 (1) (b) Within the limits of funds available under ss. 20.435 (3) (jg) and s. 20.445 (3) (cn), (jg) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

AB1067, s. 139 Section 139. 49.191 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3093c, is amended to read:

AB1067,38,18 49.191 (2) Child care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 46.98 49.132 (4) (d), or, if a higher rate is established under s. 46.98 49.132 (4) (e) and if the child care services meet the quality standards established under s. 46.98 49.132 (4) (e), the rates for child care services under this subsection that meet those standards shall be determined under s. 46.98 49.132 (4) (e). The department shall promulgate rules for the disbursement of funds under this subsection.

AB1067, s. 140 Section 140. 49.193 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

AB1067,39,6 49.193 (8) (a) The department shall pay child care costs of persons with approved employability plans who are participating in the program under this section and of persons who are participating in orientation and job search activities required under sub. (3m). Payment or reimbursement shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of care or the rate established under s. 46.98 49.132 (4) (d), or, if a higher rate is established under s. 46.98 49.132 (4) (e) and if the child care meets the quality standards established under s. 46.98 49.132 (4) (e), payment or reimbursement for child care that meets those standards shall be in an amount based on need, with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 49.132 (4) (e).

AB1067, s. 141 Section 141. 49.25 (8) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 2896b, is amended to read:

AB1067,39,11 49.25 (8) (a) From the appropriation under s. 20.435 20.445 (3) (cb), the department of health and social services shall provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

AB1067, s. 142 Section 142. 49.25 (8) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 2898b, is amended to read:

AB1067,39,16 49.25 (8) (b) From the appropriation under s. 20.435 20.445 (3) (cb), the department of health and social services shall provide funds to Milwaukee county to fund an additional family court commissioner.

AB1067, s. 143 Section 143. 49.26 (1) (e) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,40,6 49.26 (1) (e) For an individual who is a recipient of aid under s. 49.19, who is the parent with whom a dependent child lives and who is either subject to the school attendance requirement under par. (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 49.132 (4) (d) or, if a higher rate is established under s. 46.98 49.132 (4) (e) and if the child care meets the quality standards established under s. 46.98 49.132 (4) (e), in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 49.132 (4) (e), if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

AB1067, s. 144 Section 144. 49.27 (6) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,40,20 49.27 (6) (c) Benefits. A county department under s. 46.215, 46.22 or 46.23 shall provide assistance in paying the child care costs of a work-not-welfare group that is eligible to receive benefits under this paragraph if the child care is provided by a child care provider, as defined in s. 46.98 49.132 (1) (am). The formula for determining the amount of assistance shall be the same as the formula established by the department under s. 49.191 (2). The rates for child care services under this paragraph shall be determined under s. 46.98 49.132 (4) (d), or, if a higher rate is established under s. 46.98 49.132 (4) (e) and if the child care services meet the quality standards established under s. 46.98 49.132 (4) (e), the rates for child care services under this paragraph that meet those standards shall be determined under s. 46.98 49.132 (4) (e). The department shall promulgate rules for the disbursement of funds under this paragraph.

AB1067, s. 145 Section 145. 49.27 (10) (c) of the statutes is amended to read:

AB1067,41,5 49.27 (10) (c) Children's services network. Each county department under s. 46.215, 46.22 or 46.23 entering into a contract with the department under par. (a) shall establish a children's services network. The children's services network shall provide information about community resources available to the children in a work-not-welfare group during the work-not-welfare group's benefit period and the work-not-welfare group's period of ineligibility under sub. (4) (f), including charitable food and clothing centers; the state supplemental food program for women, infants and children under s. 253.06; and child care programs under s. 46.98 49.132.

AB1067, s. 146 Section 146. 49.27 (10) (e) of the statutes, as affected by 1995 Wisconsin Act 27, section 2915b, is amended to read:

AB1067,41,10 49.27 (10) (e) Child support assistance. From the appropriation under s. 20.435 20.445 (3) (cb), the department of health and social services may provide funds to pilot counties for assistance in establishing paternity and obtaining child support.

AB1067, s. 147 Section 147. 49.32 (1) (a) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB1067,41,19 49.32 (1) (a) The department shall establish a uniform system of fees for services provided or purchased under this subchapter by the department, or a county department under s. 46.215, 46.22 or 46.23, except as provided in s. 49.22 (6) and except where, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall apply the fees which it collects under this program to cover the cost of such services.

AB1067, s. 148 Section 148. 49.83 of the statutes, as affected by 1995 Wisconsin Act 27, sections 3142 and 3144, is amended to read:

AB1067,42,4 49.83 Limitation on giving information. Except as provided under s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 49.22 or supplemental payments under s. 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB1067, s. 149 Section 149. 49.90 (2) of the statutes is amended to read:

AB1067,42,16 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22 or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and social services or the department of industry, labor and job development, whichever is appropriate.

AB1067, s. 150 Section 150. 49.90 (2g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,43,2 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency or the department of health and social services industry, labor and job development may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

AB1067, s. 151 Section 151. 59.07 (97) of the statutes is amended to read:

AB1067,43,19 59.07 (97) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services industry, labor and job development to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and social services industry, labor and job development. The attorneys responsible for support enforcement under s. 59.458 (1), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department of industry, labor and job development as necessary to provide the services required under the programs. The county shall charge the fee established by the department of industry, labor and job development under s. 46.25 49.22 for services provided under this subsection to persons not receiving assistance under s. 49.19 or 49.47.

AB1067, s. 152 Section 152. 59.395 (7) of the statutes is amended to read:

AB1067,43,25 59.395 (7) Cooperate with the department of health and social services industry, labor and job development with respect to the child and spousal support and establishment of paternity and medical liability support program under ss. 46.25 49.22 and 59.07 (97), and provide that department with any information from court records which it requires to administer that program.

AB1067, s. 153 Section 153. 59.458 (2) of the statutes is amended to read:

AB1067,44,5 59.458 (2) Attorneys responsible for support enforcement under sub. (1) shall institute, commence, appear in or perform other prescribed duties in actions or proceedings under ss. 46.25 49.22 (7), 59.07 (97), 767.075, 767.08 and 767.45 and ch. 769.

AB1067, s. 154 Section 154. 69.03 (14) of the statutes is amended to read:

AB1067,44,13 69.03 (14) Provide hospitals with a pamphlet containing information for parents about birth certificates including how to add the name of the father of a child whose parents were not married at any time from the conception to the birth of the child to the birth certificate under s. 69.15 (3) (b) or, if the father will not sign an affidavit, through a paternity action; the legal significance and future medical advantages to the child of having the father's name inserted on the birth certificate; and the availability of services under s. 46.25 49.22.

AB1067, s. 155 Section 155. 69.15 (3) (b) 3. of the statutes is amended to read:

AB1067,44,24 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to 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 to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment a notice of the information in ss. 767.458 (1) (a) to (e) and 767.62.

AB1067, s. 156 Section 156. 71.75 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,45,7 71.75 (1) Except as provided in ss. 46.255 49.855, 71.77 (5) and (7) (b) and 71.935, the provisions for refunds and credits provided in this section shall be the only method for the filing and review of claims for refund of income and surtaxes, and no person may bring any action or proceeding for the recovery of such taxes other than as provided in this section.

AB1067, s. 157 Section 157. 71.75 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,45,11 71.75 (9) All refunds under this chapter are subject to attachment under ss. 46.255 49.855, 71.93 and 71.935.

AB1067, s. 158 Section 158. 71.78 (4) (g) of the statutes is amended to read:

AB1067,45,17 71.78 (4) (g) Employes of this state, to the extent that the department of revenue deems the examination necessary for the employes to perform their duties under contracts or agreements between the department and any other department, division, bureau, board or commission of this state relating to the administration of tax laws or child and spousal support enforcement under s. 46.25 49.22.

AB1067, s. 159 Section 159. 71.80 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,46,8 71.80 (3) Crediting of overpayments on individual or separate returns. In the case of any overpayment, refundable credit or refund on an individual or separate return, the department of revenue, within the applicable period of limitations, may credit the amount of overpayment, refundable credit or refund including any interest allowed, against any liability in respect to any tax collected by the department, a debt under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 on the part of the person who made the overpayment or received the refundable credit or the refund and shall refund any balance to the person. The department shall presume that the overpayment, refundable credit or refund is nonmarital property of the filer. Within 2 years after the crediting, the spouse or former spouse of the person filing the return may file a claim for a refund of amounts credited by the department if the spouse or former spouse shows by clear and convincing evidence that all or part of the state tax overpayment, refundable credit or refund was nonmarital property of the nonobligated spouse.

AB1067, s. 160 Section 160. 71.80 (3m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,46,16 71.80 (3m) (a) Against any liability of either spouse or both spouses in respect to an amount owed the department, a certification under s. 46.255 49.855 that is subject to s. 766.55 (2) (b) or a debt under s. 71.93 or 71.935 that is subject to s. 766.55 (2) (b) and that was incurred during marriage by a spouse after December 31, 1985, or after both spouses are domiciled in this state, whichever is later, except as provided in s. 71.10 (6) (a) and (b) and (6m).

AB1067, s. 161 Section 161. 71.80 (3m) (b) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,46,20 71.80 (3m) (b) 2. In respect to a debt under s. 71.93 or 71.935 or a certification under s. 46.255 49.855 if that debt or certification is not subject to s. 766.55 (2) (b).

AB1067, s. 162 Section 162. 71.88 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,47,7 71.88 (1) (a) Contested assessments and claims for refund. Except for refunds set off under s. 71.93 in respect to which appeal is to the agency to which the debt is owed, except for refunds set off under s. 71.935 in respect to which an appeal is held under procedures that the department of revenue establishes and except for refunds set off under s. 46.255 49.855 in respect to which a hearing is held before the circuit court, any person feeling aggrieved by a notice of additional assessment, refund, or notice of denial of refund may, within 60 days after receipt of the notice, petition the department of revenue for redetermination. A petition or an appeal by one spouse is a petition or an appeal by both spouses. The department shall make a redetermination on the petition within 6 months after it is filed.

AB1067, s. 163 Section 163. 71.93 (1) (a) 2. of the statutes is amended to read:

AB1067,47,12 71.93 (1) (a) 2. A delinquent child support or spousal support obligation that has been reduced to a judgment and has been submitted by an agency of another state to the department of health and social services industry, labor and job development for certification under this section.

AB1067, s. 164 Section 164. 77.59 (5) of the statutes is amended to read:

AB1067,47,21 77.59 (5) The department may offset the amount of any refund for a period, together with interest on the refund, against deficiencies for another period, and against penalties and interest on the deficiencies, or against any amount of whatever kind, due and owing on the books of the department from the person claiming the refund. If the refund is to be paid to a buyer, the department may also set off amounts in the manner in which it sets off income tax and franchise tax refunds under s. 71.93 and may set off amounts for child support or maintenance or both in the manner in which it sets off income taxes under ss. 46.255 49.855 and 71.93 (3), (6) and (7).

AB1067, s. 165 Section 165. 101.123 (1) (ad) of the statutes is amended to read:

AB1067,47,24 101.123 (1) (ad) "Day care center" has the meaning given in s. 46.986 49.136 (1) (d).

AB1067, s. 166 Section 166. 103.005 (18) of the statutes is created to read:

AB1067,48,3 103.005 (18) The department shall administer the child support and paternity establishment programs under subch. III of ch. 49, as well as perform other functions related to child support that are specified in ch. 49.

AB1067, s. 167 Section 167. 108.13 (4) (b) of the statutes is amended to read:

AB1067,48,12 108.13 (4) (b) A claimant filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not he or she owes child support obligations. If any such claimant discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the department of industry, labor and human relations shall, upon request of the department of health and social services, notify the state or local child support enforcement agency enforcing the obligations that the claimant has been determined to be eligible for unemployment compensation.

AB1067, s. 168 Section 168. 108.13 (4) (f) of the statutes is amended to read:

AB1067,48,18 108.13 (4) (f) This subsection applies only if appropriate arrangements are made for the state or local child support enforcement agency to reimburse the department for administrative costs incurred by the department that are attributable to the interception of unemployment compensation for child support obligations.

AB1067, s. 169 Section 169. 119.72 (2) (a) of the statutes is amended to read:

AB1067,48,21 119.72 (2) (a) Children with a parent eligible for day care funds under s. 46.98 49.132 (4) (a) 1. to 3.

AB1067, s. 170 Section 170. 119.72 (2) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB1067,48,25 119.72 (2) (b) Children with a parent in need of child care services funded under s. 46.40 (2) 49.132.

AB1067, s. 171 Section 171. 144.25 (8) (L) of the statutes is amended to read:

AB1067,49,5 144.25 (8) (L) A grant may not be made to an individual if the department receives a certification under s. 46.255 49.855 (7) that the individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 172 Section 172. 145.245 (5m) (b) of the statutes is amended to read:

AB1067,49,14 145.245 (5m) (b) The department shall notify a governmental unit if it receives a certification under s. 46.255 49.855 (7) that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. The department or a governmental unit shall deny an application under this section if the department receives a certification under s. 46.255 49.855 (7) that the applicant or an individual who would be directly benefited by the grant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 173 Section 173. 234.04 (2) of the statutes is amended to read:

AB1067,50,3 234.04 (2) The authority may make or participate in the making and enter into commitments for the making of long-term mortgage loans to eligible sponsors of housing projects for occupancy by persons and families of low and moderate income, or for the making of homeownership mortgage loans or housing rehabilitation loans to persons and families of low and moderate income, an applicant under s. 234.59 or other eligible beneficiaries as defined in s. 234.49. The loans may be made only upon the determination by the authority that they are not otherwise available from private lenders upon reasonably equivalent terms and conditions. The authority may not make a loan 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. The authority may employ, for such compensation as it determines, the services of any financial institution in connection with any loan.

AB1067, s. 174 Section 174. 234.49 (1) (c) of the statutes is amended to read:

AB1067,50,8 234.49 (1) (c) "Eligible beneficiary" means a person for whom the authority has not received a certification from the department of health and social services industry, labor and job development under s. 46.255 49.855 (7) or a family who or which falls within the income limits specified in par. (f).

AB1067, s. 175 Section 175. 234.59 (3) (c) of the statutes is amended to read:

AB1067,50,14 234.59 (3) (c) The authority shall notify an eligible lender if it receives a certification under s. 46.255 49.855 (7) that a person is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses. An eligible lender may not make a loan to an applicant if it receives notification under this paragraph concerning the applicant.

AB1067, s. 176 Section 176. 234.65 (3) (f) of the statutes is amended to read:

AB1067,50,18 234.65 (3) (f) The authority has not received a certification under s. 46.255 49.855 (7) that the person receiving the loan is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 177 Section 177. 234.90 (3) (d) of the statutes is amended to read:

AB1067,50,22 234.90 (3) (d) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments or owes past support, medical expenses or birth expenses.

AB1067, s. 178 Section 178. 234.90 (3g) (c) of the statutes is amended to read:

AB1067,51,3 234.90 (3g) (c) The authority has not received a certification under s. 46.255 49.855 (7) that the farmer is delinquent in making child support or maintenance payments or owes past support, medical expenses or birth expenses.