1995 Wisconsin Act 289

289,262m Section 262m. 767.075 (1) (cm) of the statutes is created to read:

767.075 (1) (cm) Whenever aid under s. 46.261, 48.57 (3m), 49.19 or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

289,263 Section 263 . 767.077 (intro.) of the statutes is amended to read:

767.077 Support for dependent child. (intro.) The state or its delegate under s. 46.25 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:

289,264 Section 264 . 767.078 (1) (a) 2. of the statutes is amended to read:

767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b.

289,265 Section 265 . 767.15 (1) of the statutes is amended to read:

767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the child support program designee under s. 59.07 (97) of the county in which the action is begun.

289,266 Section 266 . 767.24 (6) (c) of the statutes is amended to read:

767.24 (6) (c) In making an order of joint legal custody and periods of physical placement, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purpose of determining eligibility for aid under s. 49.19 or benefits under ss. 49.141 to 49.161 or for any other purpose the court considers appropriate.

289,267 Section 267 . 767.29 (1m) (c) of the statutes is amended to read:

767.29 (1m) (c) The party entitled to the support or maintenance money has applied for or is receiving aid to families with dependent children and there is an assignment to the state under s. 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

289,268 Section 268 . 767.29 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the clerk of court, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 49.19, shall forward all support assigned under s. 48.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the department of industry, labor and human relations.

289,269 Section 269 . 767.29 (4) of the statutes is amended to read:

767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 48.57 (3m) or 49.19 includes support for a minor who is the beneficiary of aid under s. 48.57 (3m) or 49.19, any support payment made under the order or judgment is assigned to the state under s. 48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 48.57 (3m) or 49.19, except as otherwise ordered by the court on the motion of a party.

289,270 Section 270 . 767.32 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and family services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3), 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

289,271 Section 271 . 767.32 (1) (b) 1. of the statutes is amended to read:

767.32 (1) (b) 1. Commencement of receipt of aid to families with dependent children under s. 49.19 or participation in Wisconsin works under ss. 49.141 to 49.161 by either parent since the entry of the last child support order, including a revision of a child support order under this section.

289,272 Section 272 . 767.47 (6) (a) and (b) of the statutes are amended to read:

767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department of health and social services which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

(b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother may establish the paternity of the child.

289,272m Section 272m. 799.40 (4) of the statutes is amended to read:

799.40 (4) Stay of proceeding. The court shall stay the proceedings in a civil action of eviction if the tenant applies for emergency assistance under s. 49.19 (11) (b) 49.138. The tenant shall inform the court of the outcome of the determination of eligibility for emergency assistance. The stay remains in effect until the tenant's eligibility for emergency assistance is determined and, if the tenant is determined to be eligible, until the tenant receives the emergency assistance.

289,273 Section 273 . 814.61 (13) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148, 49.153 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or 49.47 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

289,274 Section 274 . 948.22 (4) (b) of the statutes is amended to read:

948.22 (4) (b) For a person not subject to a court order requiring child, grandchild or spousal support payments, when the person knows or reasonably should have known that he or she has a dependent, failure to provide support equal to at least the amount set forth established by rule by the department of health and family services under s. 49.19 (11) (a) 46.25 (9) (a) or causing a spouse, grandchild or child to become a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).

289,275 Section 275 . Nonstatutory provisions; industry, labor and job development.

(1t) Alternative name for the department. Notwithstanding section 15.22 of the statutes, during the period beginning on July 1, 1996, and ending on the day after publication of the 1997-99 biennial budget act, the department of industry, labor and job development may use the name “department of workforce development" for any official purpose.

(2) Rules relating to public assistance. Using the procedure under section 227.24 of the statutes, the department of health and social services shall promulgate rules required under chapters 46, 48 and 49 of the statutes, as affected by the acts of 1995, before July 1, 1996, for the period before permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department of health and social services need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(3) Rules on qualification criteria for the administration of Wisconsin works. Using the procedure under section 227.24 of the statutes, the department of industry, labor and job development shall promulgate rules required under sections 49.143 to 49.157 of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(4)  Rules for the administration of the Wisconsin works health plan. Using the procedure under section 227.24 of the statutes, the department of health and family services shall promulgate rules required under section 49.153 of the statutes, as created by this act, for the period before permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department of health and family services need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

(4m) Transportation to employment opportunities.

(a) The department of industry, labor and job development shall identify significant local and regional employment opportunities and shall identify the residential locations of current and potential Wisconsin works participants. Local governmental bodies shall assist the department of industry, labor and job development in identifying the employment opportunities and residential locations.

(b)  Not later than September 30, 1996, the department of industry, labor and job development shall submit a report to the joint committee on finance that recommends options that Wisconsin works agencies could take to facilitate the transportation of Wisconsin works participants to the employment opportunities identified under paragraph (a). The report may not recommend options that would have an adverse impact on existing public transportation systems. The department of transportation shall assist the department of industry, labor and job development in developing options to be included in the report.

(6)  Kinship care assessments and background investigations. Beginning on July 1, 1996, each county department of human services or social services under sections 46.215, 46.22 and 46.23 of the statutes, when conducting its regularly scheduled reinvestigation under section 49.19 (5) (e) of the statutes of each nonlegally responsible relative who is providing care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under a program administered by that county department, shall assess and conduct a background investigation of the relative to determine if the relative is eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act. Immediately after conducting the assessment and background investigation, each county department of human services or social services under section 46.215, 46.22 and 46.23 of the statutes shall end income maintenance payments under section 49.33 of the statutes to the nonlegally responsible relative and, if the relative is determined to be eligible to receive kinship care payments under section 48.57 (3m) (am) of the statutes, as created by this act, the department of industry, labor and job development shall begin making those kinship care payments or, if the relative is determined eligible to receive foster care payments under section 48.62 (4) of the statutes, the county department shall begin making those foster care payments. Each county department of human services or social services under sections 46.215, 46.22 and 46.23 shall complete all of the assessments and background investigations required under this subsection and shall end all income maintenance payments under section 49.33 of the statutes to those relatives by July 1, 1997.

(7) Funding for employment skills advancement program. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 1997-98 biennial budget bill, the department of industry, labor and job development shall submit information concerning the appropriation under section 20.445 (3) (em) of the statutes, as created by this act, as though the amount of that appropriation in fiscal year 1996-97 had been $1,000,000.

289,277m Section 277m. Appropriation changes; joint committee on finance.

(1) Wisconsin works. In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $13,000,000 for fiscal year 1996-97 to fund the job opportunities and basic skills program, low-income and at-risk child care and initial administrative costs and benefit payments under the Wisconsin works program.

289,278 Section 278 . Initial applicability.

(2t)  Group health insurance market reform. The treatment of sections 40.51 (8) and (8m), 60.23 (25), 66.184, 111.70 (1) (a) and (4) (n), 111.91 (2) (k), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), 600.01 (2) (b), 628.34 (3) (a) and (b), 632.747, 632.749, 632.76 (2) (a), 632.896 (4), 635.02 (5m), 635.07, 635.17 and 635.26 (1) (a) and (b) of the statutes and the creation of section 632.745 of the statutes first apply to all of the following:

(a) Except as provided in paragraphs (b) and (c), group health benefit plans that are issued or renewed, and self-insured health plans that are established, extended, modified or renewed, on the effective date of this paragraph.

(b) Group health benefit plans covering employes who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are issued or renewed on the earlier of the following:

1. The day on which the collective bargaining agreement expires.

2. The day on which the collective bargaining agreement is extended, modified or renewed.

(c) Self-insured health plans covering employes who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are established, extended, modified or renewed on the earlier of the following:

1. The day on which the collective bargaining agreement expires.

2. The day on which the collective bargaining agreement is extended, modified or renewed.

(3g) Earned income tax credit; tax liability. The treatment of section 71.07 (9e) (em) of the statutes first applies to taxable years beginning on January 1, 1997.

(3h) Earned income tax credit; contribution liability. The treatment of sections 20.445 (1) (gd) and (gg), 108.16 (2) (b), (6) (L) and (11), 108.18 (1) (a), 108.19 (1) and (1m), 108.20 (2m) and 108.22 (1) (g) of the statutes first applies with respect to contributions payable after December 31, 1996.

289,279 Section 279 . Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

(1) Public assistance and local aid. The treatment of sections 20.435 (4) (d), 46.98 (1) (at) and (b), (2) (a), (3) (c), (4) (a) 2., (am) , (bm), (bt), (bu) and (d) and (4g) (b), 49.141 (2), 49.143 (1), 49.19 (4e) (a) and (c), 49.193 (2) (a) and (am), (4) (g), (j) 4., and (k) 1m., (4m), (6) (c) and (e), (7) and (9m) (a) and (ag), 49.27 (5) (e) 2., 49.50 (6e) (a) and (b), (6g), (6k) (a) and (b) and (7) (e), 49.52 (1) (d) and 560.14 (1) (a) (intro.), 1. and 2. of the statutes, the renumbering and amendment of sections 46.98 (4) (b), 48.651 and 49.19 (20) of the statutes, the amendment of section 49.193 (8) (bm) of the statutes, the creation of sections 16.75 (6) (bm), 20.445 (3) (dy), (dz) and (my), 46.98 (1) (bd), (bf) and (cm) and (4) (b) 1., 2. and 3., (dg) and (dm), 48.651 (1) (a) and (b) and (2) and 49.19 (20) (b) of the statutes and Sections 275 (2) and (6), 277m and 278 of this act take effect on the day after publication.

(2t) Group health insurance market reform. The treatment of sections 40.51 (8) and (8m), 60.23 (25), 66.184, 111.70 (1) (a) and (4) (n), 111.91 (2) (k), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), 600.01 (2) (b), 628.34 (3) (a) and (b), 632.747, 632.749, 632.76 (2) (a), 632.896 (4), 635.02 (5m), 635.07, 635.17 and 635.26 (1) (a) and (b) of the statutes and the creation of section 632.745 of the statutes take effect on the first day of the 12th month beginning after publication.

(3)  Qualifying coverage definition. The repeal of section 632.745 (1) (f) 2. of the statutes takes effect on the 31st day after the day on which the commissioner of insurance certifies to the revisor of statutes under section 632.745 (3) (c) of the statutes, as created by this act, that section 632.745 (1) (f) 2. of the statutes, as created by this act, is not necessary for the purpose for which it was intended.

(3g) Kinship care. The repeal and recreation of section 48.57 (3m) (a), (am) (intro.), (d) and (e) of the statutes and the amendment of section 48.57 (3p) (g) (intro.) of the statutes take effect on July 1, 1997.