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Bills from the 2015–16 session

Assembly Bill 440

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. (FE)

Became law

The governor signed it on Mar 1, 2016. It's ⁠.

  1. Introduced, passed

    Oct 22, 2015

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed 96 to 0

  4. Senate vote, passed

    Passed 32 to 0

  5. Governor, passed

    Signed

  6. Law, here now

    2015 Wisconsin Act 172

Latest entry in the official record, Mar 1, 2016: “Published 3-1-2016”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Read the full summary

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.

Who's behind it

4 lawmakers are its ⁠. All 4 are Republicans.

3 more lawmakers ⁠.

See all 7 names

Authors (4)

Signed on in support (3)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 6 votes on this bill.

Assembly Committee on Children and Families vote to recommend it

Passed, 11 to 0 · Dec 14, 2015

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by Committee on Children and Families, Ayes 11, Noes 0”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 96 to 0 · Jan 19, 2016 · 3 didn't vote

See how each of the 99 representatives voted

D: Democrat, R: Republican

Yes (96)

Didn't vote (3)

Official motion: “Read a third time and passed, Ayes 96, Noes 0”. Official record · This vote on its own page

Senate Committee on Judiciary and Public Safety vote to recommend it

Passed, 5 to 0 · Feb 11, 2016

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote

Passed, 3 to 2 · Feb 15, 2016

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote

Passed, 3 to 2 · Feb 15, 2016

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2”. Official record · This vote on its own page

Senate vote to pass it

Passed, 32 to 0 · Feb 16, 2016 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Official motion: “Read a third time and concurred in, Ayes 32, Noes 0”. Official record · This vote on its own page

What happened

  1. Mar 1, 2016

    The new law was published.

  2. Mar 1, 2016

    The governor signed it. It became 2015 Wisconsin Act 172.

  3. Feb 25, 2016

    Sent to the governor.

  4. Feb 16, 2016

    The Senate passed it too, 32 to 0.

  5. Feb 15, 2016

    “Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2” (the official wording)

  6. Feb 15, 2016

    Sent to the Joint Committee on Finance.

  7. Feb 11, 2016

    The committee voted to recommend passing it, 5 to 0.

  8. Feb 4, 2016

    The committee held a public hearing.

  9. Jan 22, 2016

    Sent to the Senate Committee on Judiciary and Public Safety.

  10. Jan 19, 2016

    The Senate received it.

  11. Jan 19, 2016

    The Assembly passed it, 96 to 0.

  12. Dec 14, 2015

    Sent to the Assembly Committee on Rules.

  13. Dec 14, 2015

    The committee voted to recommend passing it, 11 to 0.

  14. Oct 28, 2015

    The committee held a public hearing.

  15. Oct 28, 2015

    A state agency sent in its estimate of the cost.

  16. Oct 23, 2015

    A state agency sent in its estimate of the cost.

  17. Oct 22, 2015

    Sent to the Assembly Committee on Children and Families.

  18. Oct 22, 2015

    Introduced in the Assembly.

See the official record, word for word
  1. Oct 22, 2015 · Assembly

    Introduced by Representatives Neylon, A. Ott, Ballweg and Rodriguez; cosponsored by Senators Petrowski, Darling and Olsen

  2. Oct 22, 2015 · Assembly

    Read first time and referred to Committee on Children and Families

  3. Oct 22, 2015 · Assembly

    Assembly Amendment 1 offered by Representative Neylon

  4. Oct 23, 2015 · Assembly

    Fiscal estimate received

  5. Oct 28, 2015 · Assembly

    Fiscal estimate received

  6. Oct 28, 2015 · Assembly

    Public hearing held

  7. Dec 9, 2015 · Assembly

    Executive action taken

  8. Dec 14, 2015 · Assembly

    Report passage recommended by Committee on Children and Families, Ayes 11, Noes 0

  9. Dec 14, 2015 · Assembly

    Referred to committee on Rules

  10. Jan 14, 2016 · Assembly

    Placed on calendar 1-19-2016 by Committee on Rules

  11. Jan 19, 2016 · Assembly

    Read a second time

  12. Jan 19, 2016 · Assembly

    Ordered to a third reading

  13. Jan 19, 2016 · Assembly

    Rules suspended

  14. Jan 19, 2016 · Assembly

    Read a third time and passed, Ayes 96, Noes 0

  15. Jan 19, 2016 · Assembly

    Ordered immediately messaged

  16. Jan 19, 2016 · Senate

    Received from Assembly

  17. Jan 22, 2016 · Senate

    Read first time and referred to committee on Judiciary and Public Safety

  18. Feb 4, 2016 · Senate

    Public hearing held

  19. Feb 11, 2016 · Senate

    Executive action taken

  20. Feb 11, 2016 · Senate

    Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  21. Feb 11, 2016 · Senate

    Available for scheduling

  22. Feb 15, 2016 · Senate

    Referred to joint committee on Finance by Committee on Senate Organization pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  23. Feb 15, 2016 · Senate

    Withdrawn from joint committee on Finance and made Available for Scheduling by committee on Senate Organization, pursuant to Senate Rule 41 (1)(e), Ayes 3, Noes 2

  24. Feb 15, 2016 · Senate

    Placed on calendar 2-16-2016 pursuant to Senate Rule 18(1)

  25. Feb 16, 2016 · Senate

    Read a second time

  26. Feb 16, 2016 · Senate

    Ordered to a third reading

  27. Feb 16, 2016 · Senate

    Rules suspended

  28. Feb 16, 2016 · Senate

    Read a third time and concurred in, Ayes 32, Noes 0

  29. Feb 16, 2016 · Senate

    Ordered immediately messaged

  30. Feb 17, 2016 · Assembly

    Received from Senate concurred in

  31. Feb 25, 2016 · Assembly

    LRB correction

  32. Feb 25, 2016 · Assembly

    Report correctly enrolled on 2-25-2016

  33. Feb 25, 2016 · Assembly

    Presented to the Governor on 2-25-2016

  34. Mar 1, 2016 · Assembly

    Report approved by the Governor on 2-29-2016. 2015 Wisconsin Act 172

  35. Mar 1, 2016 · Assembly

    Published 3-1-2016

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote