AB440: Bill Text

LRB-2708/1

EHS/PJH/TJD:all:cs

2015 - 2016 LEGISLATURE

2015 Assembly BILL 440

October 22, 2015 - Introduced by Representatives Neylon, A. Ott, Ballweg and Rodriguez, cosponsored by Senators Petrowski, Darling and Olsen. Referred to Committee on Children and Families.

AB440,3,11 An Act to repeal 20.437 (1) (d), 20.437 (1) (da), 20.437 (1) (me), 20.437 (2) (kp), 20.437 (2) (pz), 46.46, 48.563 (14m), 48.565 (2) (am), 48.565 (2) (c), 48.567 and 48.983 (6) (d) 2.; to renumber and amend 48.565 (intro.) (except 48.565 (title)), 48.565 (3) and 48.565 (6); to consolidate, renumber and amend 48.983 (6) (d) (title) and 1.; to amend 20.435 (8) (mb), 20.435 (8) (mm), 20.437 (1) (b), 20.437 (1) (km), 20.437 (1) (m), 20.437 (1) (ma), 20.437 (1) (mc), 20.437 (1) (md), 20.437 (1) (n), 20.437 (1) (na), 20.437 (2) (dz), 20.437 (2) (ja), 20.437 (2) (md), 20.437 (3) (kp), 20.437 (3) (mm), 48.07 (3), 48.207 (2) (a), 48.207 (2) (b), 48.21 (3) (f), 48.21 (5) (b) 1. d., 48.21 (5) (b) 1m., 48.21 (5) (b) 2m., 48.21 (5) (b) 3., 48.21 (5) (e) 2. (intro.), 48.24 (5), 48.275 (2) (d) 1., 48.275 (2) (d) 2., 48.295 (1), 48.30 (6) (c), 48.31 (7) (c), 48.32 (1) (b) 1. b., 48.32 (1) (b) 1. d., 48.32 (1) (b) 1m., 48.32 (1) (b) 2., 48.33 (4) (c), 48.33 (4) (d) 1., 48.335 (3g) (b), 48.335 (6), 48.345 (4) (b), 48.345 (4) (bm), 48.345 (12) (b), 48.345 (12) (c), 48.345 (13) (a), 48.345 (13) (b), 48.345 (14) (a), 48.347 (5) (a), 48.347 (5) (b), 48.347 (6) (a), 48.355 (2) (b) 4m., 48.355 (2) (b) 6., 48.355 (2) (b) 6g., 48.355 (2) (b) 6p., 48.355 (2) (b) 6r., 48.355 (2) (c), 48.355 (2) (cm) 1., 48.355 (2b) (b), 48.355 (2c) (a) (intro.), 48.355 (2c) (b), 48.355 (2d) (b) (intro.), 48.357 (1) (c) 2m., 48.357 (2m) (bm), 48.357 (2v) (a) 1m., 48.357 (2v) (a) 2m., 48.357 (2v) (d) 1., 48.357 (5m) (b), 48.36 (2), 48.363 (1) (d), 48.38 (5) (am), 48.428 (2) (a), 48.428 (2) (b), 48.545 (2) (a) (intro.), 48.563 (1) (b), 48.563 (2) (title), 48.563 (4), 48.565 (2) (a), 48.565 (2) (b), 48.569 (1) (d), 48.57 (1) (e), 48.57 (1) (hm), 48.57 (2m), 48.57 (3m) (am) (intro.), 48.57 (3m) (ap) 1., 48.57 (3m) (ap) 3., 48.57 (3m) (b) 1., 48.57 (3m) (c), 48.57 (3m) (d), 48.57 (3m) (g) 2. (intro.), 48.57 (3m) (h), 48.57 (3n) (am) (intro.), 48.57 (3n) (ap) 1., 48.57 (3n) (ap) 3., 48.57 (3n) (ar) (intro.), 48.57 (3n) (b) 1., 48.57 (3n) (c), 48.57 (3n) (d), 48.57 (3n) (g) 2. (intro.), 48.57 (3n) (h), 48.57 (3p) (b) 1., 48.57 (3p) (b) 2., 48.57 (3p) (b) 3., 48.57 (3p) (c) 1., 48.57 (3p) (c) 2., 48.57 (3p) (c) 2m., 48.57 (3p) (c) 3., 48.57 (3p) (d), 48.57 (3p) (e) (intro.), 48.57 (3p) (fm) 1., 48.57 (3p) (fm) 1m., 48.57 (3p) (fm) 2., 48.57 (3p) (fm) 2m., 48.57 (3p) (g) (intro.), 48.57 (3p) (g) 3., 48.57 (3p) (h) 2., 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h) 4., 48.57 (3p) (hm), 48.57 (3p) (i), 48.57 (3p) (j), 48.58 (intro.), 48.59 (1), 48.651 (1) (intro.), 48.651 (2), 48.651 (2c) (a), 48.651 (2m), 48.651 (3) (a), 48.651 (3) (b), 48.658 (4) (a), 48.685 (4m) (a) (intro.), 48.685 (4m) (ad), 48.685 (5) (a), 48.685 (5m), 48.685 (6) (a), 48.75 (1b), 48.75 (1g) (a) 4., 48.831 (4) (c), 48.839 (4) (b), 48.88 (2) (c), 48.981 (1) (ag), 48.981 (3) (a) 1., 48.981 (3) (a) 2. (intro.), 48.981 (3) (a) 2d., 48.981 (3) (c) 2. a., 48.981 (3) (c) 2m. a., 48.981 (3) (c) 3., 48.981 (3) (c) 4., 48.981 (3) (c) 5m., 48.981 (3) (c) 5r., 48.981 (3) (c) 7., 48.981 (3) (cm), 48.981 (3) (d) 1., 48.981 (3) (d) 2., 48.981 (3m) (b) (intro.), 48.981 (5), 48.981 (7) (a) 5., 48.981 (7) (a) 6., 48.981 (7) (a) 6m., 48.981 (7) (a) 15., 48.981 (7) (cr) 3. a., 48.981 (8) (a), 48.981 (8) (c), 48.982 (6) (am), 48.983 (1) (b) 1. c., 48.983 (2) (a), 48.983 (2) (b), 48.983 (2) (c), 48.983 (3), 48.983 (4) (am), 48.983 (4) (b) 1., 48.983 (4) (b) 3., 48.983 (5), 48.983 (6) (intro.), 48.983 (6) (a) (intro.), 48.983 (6) (a) 3., 48.983 (6) (a) 5., 48.983 (6) (b) 4., 48.983 (6) (g), 48.983 (6g) (b), 48.983 (7) (ag), 48.983 (7) (ar), 48.983 (7) (c) (intro.), 48.983 (8), 49.143 (6), 49.155 (3g) (intro.), 49.175 (1) (u), 49.195 (4) (b) 2., 49.34 (5m) (em), 49.343 (5) (intro.), 49.45 (25) (b), 49.71 (2), 49.72 (2), 49.826 (1) (a), 49.84 (7) (c) 3., 49.855 (4m) (c), 253.15 (4) (b), 767.41 (3) (a), 767.75 (1f), 767.75 (3m), 971.37 (title) and 971.37 (1m) (c) 1. (intro.); and to create 48.565 (8) of the statutes; relating to: child support income withholding orders, deferred prosecution agreements, determining the amount of a home visitation program grant, modifications to the references to Milwaukee County by population, modifications to certain appropriations, and making an appropriation.

Analysis by the Legislative Reference Bureau

courts and procedure

Domestic relations

Under current law, a court order for child or family support or maintenance generally sets forth a dollar amount that the payer is obligated to pay. However, under current law, the parties may stipulate that a child or family support or maintenance obligation may be calculated as a percentage of the payer's income.

Under the bill, regardless of whether the parties have stipulated that the child or family support or maintenance obligation may be calculated as a percentage of the payer's income, an order that assigns the payer's income, including certain benefits he or she receives, to satisfy the support obligation must set forth a dollar amount that is assigned.

Other courts and procedure

Current law allows a district attorney to enter into a deferred prosecution agreement with a defendant who is charged, or who may be charged, with certain crimes related to domestic abuse or to child sexual abuse against a child who is related to or who lived with the person, or over whom the person had guardianship, custody, power, or authority. Generally, in a deferred prosecution agreement, the district attorney agrees to dismiss a charge or not file a charge if the defendant complies with specified conditions, such as paying restitution to the victim or completing counseling or treatment.

Current law allows a deferred prosecution agreement to include, as a condition of the agreement, that the person pay a domestic abuse surcharge and, under certain circumstances, a global positioning surcharge, if he or she faces charges of child sexual abuse and he or she is either a close relative of the alleged victim or is a guardian or legal custodian of the alleged victim.

Under this bill, a deferred prosecution agreement may include, as a condition of the agreement, that the person pay the domestic abuse surcharge and, if applicable, a global positioning surcharge, if he or she is an adult who faces charges of any of the crimes related to domestic abuse against an adult that may be subject to a deferred prosecution agreement.

health and human services

Children

Under current law, if, after distributing money to counties for children and family services, there is an amount allocated for that purpose that is left over and that is in excess of the amount received by the federal government for foster care and transitional independent living programs and adoption assistance for children with special needs, the Department of Children and Families (DCF) must carry forward and distribute not less than 50 percent of that excess amount. DCF must distribute this excess amount to counties other than Milwaukee County that are making good faith efforts to implement the statewide automated child welfare information system for services and projects to assist children and families. Current law also generally requires counties to use not less than 50 percent of these moneys for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services. This bill eliminates the requirement that DCF carry forward and distribute excess federal money.

Under current law, a county must match funds received from DCF for children and family services, in an amount specified annually by DCF, using county tax levies, federal and state revenue sharing funds, or private donations to the county that meet certain requirements. Current law prohibits a county from using private donations to make up more than 25 percent of the total county match. This bill removes the restriction on using private donations in the total county match.

Current law requires each county department of social services or human services (county department) to submit its final budget to DCF for services directly provided by or purchased from DCF (DCF service budget) by December 31 each year. Current law also requires DCF, under certain circumstances, to distribute, allocate, and carry forward funds for children and family services to county departments and tribal governing bodies. Current law requires each county department and tribal governing body to submit to DCF a proposed budget for the expenditure of these funds (children and family aids budget) before December 1 of each year. This bill eliminates the requirement to submit a children and family aids budget, but does not eliminate the requirement to submit a DCF service budget.

Current law requires DCF, at the request of a county, tribal governing body, or private nonprofit organization, to carry forward up to 3 percent of the total amount allocated to the county, tribal governing body, or private nonprofit organization for children and family services for a calendar year. This bill eliminates the authority of DCF to carry forward amounts allocated to a tribal governing body or private nonprofit organization for children and family services for a calendar year.

Current law allows DCF to carry forward up to 10 percent of allocated children and family services funds, less any amount carried forward as requested, for emergencies, justifiable costs above planned levels, and increased costs due to population shifts. This bill instead requires DCF, at a county's request, to carry forward up to 10 percent of those funds for emergencies or other circumstances that DCF agrees were unforeseen when the original allocation to the county was made. In addition, this bill requires any children and family services funds carried forward from one calendar year to the next to be used for children and family services and not general county administrative costs. The bill also prohibits any amount of funds carried forward from affecting the determination of a county's share of the children and family services funding allocated for a calendar year.

Under current law, DCF provides grants to certain counties, private agencies, and Indian tribes to fund home visitation programs. In a home visitation program, pregnant women who are eligible for Medical Assistance (MA) are offered an opportunity to undergo a risk assessment to determine whether they present risk factors for poor birth outcomes or for perpetrating child abuse or neglect. A person who is assessed to be at risk of poor birth outcomes or of abusing or neglecting his or her child is offered home visitation program services that begin during the prenatal period and may continue up until the child reaches five years of age. This bill allows DCF to provide these grants to cities as well.

Also under current law, DCF determines the amount of a home visitation program grant awarded to a county, private agency, or Indian tribe based on a formula that determines need based on the number of births that are funded by MA in the county, service area of the private agency, or reservation of the tribe and on the rate of poor birth outcomes, including infant mortality, premature births, low birth weights, and racial or ethnic disproportionality in the rates of those outcomes in that county, service area, or reservation. This bill changes how DCF determines the amount of a home visitation program grant by requiring the amount to be based on the need of the county, city, private agency, or Indian tribe and its capacity to participate in the home visitation program.

Various statutes are limited in application to Milwaukee County by references to "a county that has a population of 500,000 or more." Because of population increases in the state, this bill changes certain of those references that relate to children or DCF or Department of Health Services (DHS) responsibilities to "a county that has a population of 750,000 or more" so that those statutes continue to apply only to Milwaukee County.

Medical Assistance

Under current law, certain federal MA moneys that are received in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under Title IV-E of the federal Social Security Act (Title IV-E) are appropriated to DHS, transferred to DCF, and used to support the costs of augmenting the amount of moneys received under Title IV-E and of implementing the statewide automated child welfare information system and to provide services to children and families. This bill eliminates the transfer of MA moneys from DHS to DCF for these purposes and eliminates the requirement that DCF support the costs of augmenting the moneys received under Title IV-E.

Other health and human services

Under current law, the state receives federal moneys as a result of a contract in conjunction with the federal Medicare and Medicaid programs (income augmentation funds). DHS is required to distribute a certain portion of these income augmentation funds to certain counties receiving community aids for providing community social, mental health, developmental disabilities, and alcohol and other drug abuse services. This bill eliminates the statutory requirements on spending income augmentation funds by DHS.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB440,1 Section 1. 20.435 (8) (mb) of the statutes is amended to read:

AB440,6,11 20.435 (8) (mb) Income augmentation services receipts. All moneys that are received under 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v as the result of income augmentation activities for which the state has contracted, to be used as provided in s. 46.46; and all moneys that are received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to be transferred to the appropriation account under s. 20.437 (3) (kp) , 2013 stats. All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in ss. s. 46.46 and 48.567, 2013 stats., shall be deposited in the general fund as a nonappropriated receipt.

AB440,2 Section 2. 20.435 (8) (mm) of the statutes is amended to read:

AB440,7,11 20.435 (8) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. s. 46.46, 2013 stats., and ss. 49.45 (6u), and 49.49, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions or penalties and the costs of any corrective action affecting the department of health services. Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.

AB440,3 Section 3. 20.437 (1) (b) of the statutes is amended to read:

AB440,8,4 20.437 (1) (b) Children and family aids payments. The amounts in the schedule for services for children and families under s. 48.563, for reimbursement to counties having a population of less than 500,000 750,000 for the cost of court attached intake services under s. 48.06 (4), for shelter care under ss. 48.58 and 938.22, and for foster care and subsidized guardianship care under ss. 48.645 and 49.19 (10). Social services disbursements under s. 49.32 (2) (b) may be made from this appropriation. Refunds received relating to payments made under s. 49.32 (2) (b) for the provision of services for which moneys are appropriated under this paragraph shall be returned to this appropriation. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of children and families may transfer funds between fiscal years under this paragraph. The department shall deposit into this appropriation funds it recovers under s. 48.569 (2) (b), from prior fiscal year audit adjustments. Except for amounts authorized to be carried forward under s. 48.565, all funds recovered under s. 48.569 (2) (b) and all funds allocated under s. 48.563 and not spent or encumbered by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year by the joint committee on finance.

AB440,4 Section 4. 20.437 (1) (d) of the statutes is repealed.

AB440,5 Section 5. 20.437 (1) (da) of the statutes is repealed.

AB440,6 Section 6. 20.437 (1) (km) of the statutes is amended to read:

AB440,8,11 20.437 (1) (km) Interagency and intra-agency aids; children and family aids; local assistance. All moneys transferred from the appropriation accounts account under sub. (2) (md) and s. 20.435 (7) (o), for services for children and families under s. 48.563.

AB440,7 Section 7. 20.437 (1) (m) of the statutes is amended to read:

AB440,8,15 20.437 (1) (m) Federal project operations. All moneys received from the federal government or any of its agencies for the state administration of specific limited term projects to be expended for the such purposes specified.

AB440,8 Section 8. 20.437 (1) (ma) of the statutes is amended to read:

AB440,8,19 20.437 (1) (ma) Federal project aids. All moneys received from the federal government or any of its agencies for specific limited term projects to be expended as aids to individuals or organizations for the such purposes specified.

AB440,9 Section 9. 20.437 (1) (mc) of the statutes is amended to read:

AB440,8,24 20.437 (1) (mc) Federal block grant operations. Except as provided in sub. (2) (mc) and (mg), all block grant moneys received from the federal government or any of its agencies for the state administration of federal block grants , for the such purposes specified.

AB440,10 Section 10. 20.437 (1) (md) of the statutes is amended to read:

AB440,9,4 20.437 (1) (md) Federal block grant aids. Except as provided in par. (mc) and sub. (2) (md) and (mg), all block grant moneys received from the federal government or any of its agencies to be expended as local assistance or aids to individuals or organizations, for such purposes.

AB440,11 Section 11. 20.437 (1) (me) of the statutes is repealed.

AB440,12 Section 12. 20.437 (1) (n) of the statutes is amended to read:

AB440,9,10 20.437 (1) (n) Federal program operations. All Except as provided in pars. (m), (mc), and (mw), all moneys received from the federal government or any of its agencies for the state administration of continuing programs to be expended under this subsection, for the such purposes specified.

AB440,13 Section 13. 20.437 (1) (na) of the statutes is amended to read:

AB440,9,15 20.437 (1) (na) Federal program aids. All Except as provided in pars. (ma), (md), and (mx), all moneys received from the federal government or any of its agencies for continuing programs to be expended as aids to individuals or organizations, for the such purposes specified.

AB440,14 Section 14. 20.437 (2) (dz) of the statutes is amended to read:

AB440,9,25 20.437 (2) (dz) Temporary Assistance for Needy Families programs; maintenance of effort. The amounts in the schedule for administration and benefit payments under Wisconsin Works under ss. 49.141 to 49.161, the learnfare program under s. 49.26, and the work experience program for noncustodial parents under s. 49.36; for payments to local governments, organizations, tribal governing bodies, and Wisconsin Works agencies; for kinship care and long-term kinship care assistance as specified under s. 49.175 (1) (s); for aid payments and local administration with respect to any services or program specified under s. 49.175 (1); and for emergency assistance for families with needy children under s. 49.138. Payments may be made from this appropriation account for any contracts under s. 49.845 (4) and for any fraud investigation and error reduction activities under s. 49.197 (1m). Moneys appropriated under this paragraph may be used to match federal funds received under par. (md). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph. Notwithstanding ss. 20.001 (3) and 20.002 (1), the department of health services shall credit to this appropriation account funds for the purposes of this appropriation that the department transfers from the appropriation account under s. 20.435 (5) (bc). All funds allocated by the department but not encumbered by December 31 of each year lapse to the general fund on the next January 1 unless transferred to the next calendar year by the joint committee on finance.

AB440,15 Section 15. 20.437 (2) (ja) of the statutes is amended to read:

AB440,11,2 20.437 (2) (ja) Child support state operations — fees and, reimbursements , and collections. All moneys received from fees charged under s. 49.22 (8), from fees ordered or otherwise owed under s. 767.57 (1e) (a), from fees collected under ss. 49.854 (11) (b) and 767.57 (1e) (b) 1m. and (c), from reimbursements under s. 108.13 (4) (f), from fees charged and incentive payments and collections retained under s. 49.22 (7m), and under s. 49.855 (4) or (4m) from the department of revenue or the department of administration that were withheld by the department of revenue or the internal revenue service or the department of administration for unpaid fees ordered or otherwise owed under s. 767.57 (1e) (a), for costs associated with receiving and disbursing support and support-related payments, including any contract costs, and for administering the program under s. 49.22 and all other purposes specified in s. 49.22; and all moneys received under s. 49.855 (4m) from the department of administration that were withheld for child support, family support, maintenance, medical expenses, or birth expenses, to be distributed in accordance with state law and federal regulations.

AB440,16 Section 16. 20.437 (2) (kp) of the statutes is repealed.

AB440,17 Section 17. 20.437 (2) (md) of the statutes is amended to read:

AB440,11,13 20.437 (2) (md) Federal block grant aids. The amounts in the schedule for aids to individuals or organizations and to be transferred to the appropriation accounts under sub. (1) (km) and ss. 20.435 (4) (kz), (6) (kx), (7) (ky), and (8) (kx) and 20.835 (2) (kf). All block grant moneys received for these purposes from the federal government or any of its agencies shall be credited to this appropriation account. The department may credit to this appropriation account the amount of any returned check, or payment in other form, that is subject to expenditure in the same contract period in which the original payment attempt was made, regardless of the fiscal year in which the original payment attempt was made.

AB440,18 Section 18. 20.437 (2) (pz) of the statutes is repealed.