Amendment AA1-AB602

AB602-AA1, s. 20m Section 20m. 49.175 (1) (w) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,11,11 49.175 (1) (w) 1. (title) `Kinship care and long-term kinship care assistance.' For the kinship care program and long-term kinship care programs under s. 48.57 (3m), (3n) and (3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.

AB602-AA1, s. 21d Section 21d. 49.22 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,11,21 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.".

AB602-AA1,11,22 47. Page 22, line 11: before that line insert:

AB602-AA1,11,24 " Section 27g. 49.96 of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB602-AA1,12,6 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

AB602-AA1, s. 27m Section 27m. 50.065 (1) (c) 2. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,12,10 50.065 (1) (c) 2. Kinship care under s. 48.57 (3m) or long-term kinship care under s. 48.57 (3n).".

AB602-AA1,12,11 48. Page 23, line 8: delete lines 8 to 13 and substitute:

AB602-AA1,12,13 " Section 30d. 767.077 (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,12,19 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (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 (3n) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:".

AB602-AA1,12,20 49. Page 25, line 16: before that line insert:

AB602-AA1,12,22 " Section 34g. 767.29 (2) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB602-AA1,13,19 767.29 (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 department or its designee, upon receiving notice that a party or a minor child of the parties is receiving public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the assignee under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1. or 49.45 (19).".

AB602-AA1,13,20 50. Page 26, line 4: delete lines 4 to 19.

AB602-AA1,13,21 51. Page 27, line 1: delete lines 1 to 11 and substitute:

AB602-AA1,13,23 " Section 36d. 767.32 (1) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,15,2 767.32 (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 (4), 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, a county department under s. 46.215, 46.22 or 46.23 or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) 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.".

AB602-AA1,15,3 52. Page 27, line 12: delete lines 12 to 20.

AB602-AA1,15,4 53. Page 28, line 1: delete lines 1 to 7 and substitute:

AB602-AA1,15,6 " Section 37d. 767.47 (6) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,15,16 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 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 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.

AB602-AA1,15,21 (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. or (3n) (b) 2., 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.".

AB602-AA1,15,22 54. Page 28, line 8: delete lines 8 to 21.

AB602-AA1,15,23 55. Page 29, line 1: delete lines 1 to 3 and substitute:

AB602-AA1,16,2 " Section 39d. Effective dates. This act takes effect on the day after publication, except as follows:

AB602-AA1,16,4 (1) The treatment of section 50.065 (1) (c) 2. of the statutes takes effect on October 1, 1998, or on the day after publication, whichever is later.

AB602-AA1,16,6 (2) The repeal and recreation of section 49.96 of the statutes takes effect on February 1, 1999.

AB602-AA1,16,11 (3) The amendment of section 20.445 (3) (r) of the statutes and the repeal and recreation of section 767.29 (2) of the statutes take effect on the date stated in the notice published by the department of workforce development in the Wisconsin Administrative Register under section 767.29 (1) (f) of the statutes, as created by 1997 Wisconsin Act 27, or on October 1, 1999, whichever is earlier.".

AB602-AA1,16,12 (End)