Amendment AA1-AB602

AB602-AA1,4,3 8. Page 12, line 1: after "department" insert "or department".

AB602-AA1,4,4 9. Page 12, line 2: delete "(h)" and substitute "(hm)".

AB602-AA1,4,6 10. Page 12, line 14: delete "(h), a county" and substitute "(hm), a county department or, in a county having a population of 500,000 or more, the".

AB602-AA1,4,7 11. Page 12, line 16: delete "5m." and substitute "5r.".

AB602-AA1,4,9 12. Page 12, line 18: after "department" insert "or, in a county having a population of 500,000 or more, the department".

AB602-AA1,4,11 13. Page 13, line 7: after "department" insert "or, in a county having a population of 500,000 or more, the department".

AB602-AA1,4,13 14. Page 13, line 13: after "department" insert "or, in a county having a population of 500,000 or more, the department".

AB602-AA1,4,14 15. Page 13, line 14: after "department" insert "or department".

AB602-AA1,4,15 16. Page 13, line 16: after "department" insert "or department".

AB602-AA1,4,16 17. Page 13, line 18: after that line insert:

AB602-AA1,4,22 "(f) Any person whose application for payments under par. (am) is not acted on promptly or is denied on the grounds that a condition specified in par. (am) 1., 2., 5., 5m. or 5r. has not been met and any person whose payments under par. (am) are discontinued under par. (d) may petition the department under par. (g) for a review of that action or failure to act. Review is unavailable if the action or failure to act arose more than 45 days before submission of the petition for review.

AB602-AA1,5,15 (g) 1. Upon receipt of a timely petition under par. (f) the department shall give the applicant or recipient reasonable notice and an opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. That county department or subunit of the department may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient and to the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision of the department shall have the same effect as an order of the county department or subunit of the department whose action or failure to act is the subject of the petition. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for review or shall refuse to grant relief if any of the following applies:

AB602-AA1,5,16 a. The petitioner withdraws the petition in writing.

AB602-AA1,5,19 b. The sole issue in the petition concerns an automatic payment adjustment or change that affects an entire class of recipients and is the result of a change in state law.

AB602-AA1,5,22 c. The petitioner abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by a representative at a scheduled hearing without good cause, as determined by the department.

AB602-AA1,6,7 2. If a recipient requests a hearing within 10 days after the date of notice that his or her payments under par. (am) are being discontinued, those payments may not be discontinued until a decision is rendered after the hearing but payments made pending the hearing decision may be recovered by the department if the contested action or failure to act is upheld. The department shall promptly notify the county department of the county in which the recipient resides or, if the recipient resides in a county having a population of 500,000 or more, the subunit of the department administering of the long-term kinship care program in that county that the recipient has requested a hearing. Payments under par. (am) shall be discontinued if any of the following applies:

AB602-AA1,6,9 a. The recipient is contesting a state law or a change in state law and not the determination of the payment made on the recipient's behalf.

AB602-AA1,6,12 b. The recipient is notified of a change in his or her payments under par. (am) while the hearing decision is pending but the recipient fails to request a hearing on the change.

AB602-AA1,6,14 3. The recipient shall be promptly informed in writing if his or her payments under par. (am) are to be discontinued pending the hearing decision.".

AB602-AA1,6,15 18. Page 13, line 19: delete lines 19 to 23.

AB602-AA1,6,16 19. Page 14, line 1: delete lines 1 to 3.

AB602-AA1,6,17 20. Page 14, line 10: delete lines 10 to 13 and substitute:

AB602-AA1,6,19 " Section 11d. 48.57 (3p) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,6,23 48.57 (3p) (b) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the applicant.".

AB602-AA1,7,2 21. Page 14, line 15: after "county department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,7,4 22. Page 15, line 1: after "department" insert "or department of health and family services".

AB602-AA1,7,5 23. Page 15, line 3: delete lines 3 to 9 and substitute:

AB602-AA1,7,7 " Section 13d. 48.57 (3p) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,7,14 48.57 (3p) (c) 1. After receipt of an application for payments under sub. (3m) or (3n), the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall, in addition to the investigation under par. (b) 1., conduct a background investigation of all employes and prospective employes of the applicant who have or would have regular contact with the child for whom those payments are being made and of each adult resident.".

AB602-AA1,7,16 24. Page 15, line 11: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,7,18 25. Page 15, line 15: after "department" insert "or department of health and family services".

AB602-AA1,7,19 26. Page 15, line 17: delete that line.

AB602-AA1,7,20 27. Page 16, line 1: delete lines 1 to 7 and substitute:

AB602-AA1,7,22 " Section 15d. 48.57 (3p) (c) 3. of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB602-AA1,8,8 48.57 (3p) (c) 3. Before a person who is receiving payments under sub. (3m) or (3n) may employ any person in a position in which that person would have regular contact with the child for whom those payments are being made or permit any person to be an adult resident, the county department or, in a county having a population of 500,000 or more, the department of health and family services, with the assistance of the department of justice, shall conduct a background investigation of the prospective employe or prospective adult resident unless that person has already been investigated under subd. 1. or, 2. or 2m.".

AB602-AA1,8,10 28. Page 16, line 9: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,8,12 29. Page 16, line 10: delete "that county department" and substitute "the county department or department of health and family services".

AB602-AA1,8,15 30. Page 16, line 14: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,8,17 31. Page 16, line 15: after "director" insert "or person designated by the secretary".

AB602-AA1,8,19 32. Page 16, line 17: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,8,22 33. Page 16, line 21: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,9,2 34. Page 17, line 6: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,9,4 35. Page 17, line 12: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,9,7 36. Page 17, line 15: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,9,9 37. Page 17, line 18: after "department" insert "or department of health and family services".

AB602-AA1,9,11 38. Page 17, line 23: after "department" insert "or, in a county having a population of 500,000 or more, the department of health and family services".

AB602-AA1,9,14 39. Page 18, line 2: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary of health and family services to review conviction records under this subdivision".

AB602-AA1,9,15 40. Page 18, line 4: delete "(h)" and substitute "(hm)".

AB602-AA1,9,17 41. Page 18, line 5: delete "(h) A county" and substitute "(hm) A county department or, in a county having a population of 500,000 or more, the".

AB602-AA1,9,20 42. Page 18, line 9: after "department" insert "or, in a county having a population of 500,000 or more, the person designated by the secretary to review conviction records under this paragraph".

AB602-AA1,9,21 43. Page 18, line 12: delete lines 12 to 17.

AB602-AA1,9,22 44. Page 19, line 1: delete lines 1 and 2 and substitute:

AB602-AA1,10,2 " Section 19d. 48.57 (3t) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,10,13 48.57 (3t) Notwithstanding subs. (3m), (3n) and (3p), the department may enter into an agreement with the governing body of a federally recognized American Indian tribe or band to allow that governing body to administer the program under subs. (3m), (3n) and (3p) within the boundaries of that reservation. Any agreement under this subsection relating to the administration of the program under sub. (3m) shall specify the person with whom a request for review under sub. (3p) (h) 2. may be filed and the person who has been designated by the governing body to conduct the review under sub. (3p) (h) 3. and make the determination under sub. (3p) (h) 4. Any agreement under this subsection relating to the administration of the program under sub. (3n) shall specify who is to make any determination as to whether a conviction record is satisfactory.".

AB602-AA1,10,14 45. Page 19, line 3: delete lines 3 to 7 and substitute:

AB602-AA1,10,16 " Section 20d. 49.155 (1m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB602-AA1,10,20 49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:".

AB602-AA1,10,21 46. Page 19, line 8: delete lines 8 to 17 and substitute:

AB602-AA1,10,23 " Section 20g. 49.155 (1m) (a) 1m. b. of the statutes, as affected by 1997 Wisconsin Act 41, is amended to read:

AB602-AA1,11,5 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a group home or an independent living arrangement supervised by an adult.

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.