AB591-ASA1,112,14
949.96 Assistance grants exempt from levy. All grants of aid to families with
10dependent children,
payments made under ss. 48.357 (3m) or 49.148 (1) (b) to 49.159, 11payments made for social services, cash benefits paid by counties under s. 59.07
12(154), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and
13from execution, garnishment, attachment and every other process and shall be
14inalienable.
AB591-ASA1,113,416
59.07
(97) Child and spousal support; paternity program; medical support
17liability program. The county board shall contract with the department of health
18and social services to implement and administer the child and spousal support and
19establishment of paternity and the medical support liability programs provided for
20by Title IV of the federal social security act. The board may designate by board
21resolution any office, officer, board, department or agency as the county designee.
22The board or its designee shall implement and administer the programs in
23accordance with the contract with the state department of health and social services.
24The attorneys responsible for support enforcement under s. 59.458 (1), family court
25commissioner, clerk of court and all other county officials shall cooperate with the
1county and the department as necessary to provide the services required under the
2programs. The county shall charge the fee established by the department under s.
346.25 for services provided under this subsection to persons not receiving
benefits
4under s. 49.148, 49.153 or 49.155 or assistance under s. 49.19 or 49.47.
AB591-ASA1,113,117
71.54
(2) (a) (intro.) Property taxes accrued or rent constituting property taxes
8accrued shall be reduced by one-twelfth for each month or portion of a month for
9which the claimant received relief from any county under s. 59.07 (154) equal to or
10in excess of $400,
participated in Wisconsin works under s. 49.147 (4) or (5) or
11received assistance under s. 49.19, except assistance received:
AB591-ASA1,113,1513
102.07
(17) A participant in a trial job under s. 49.147 (3) is an employe of any
14employer under this chapter for whom the participant is performing service at the
15time of the injury.
AB591-ASA1,113,2117
102.07
(18) A participant in a community service job under s. 49.147 (4) or a
18transitional placement under s. 49.147 (5) is an employe of the Wisconsin works
19agency, as defined under s. 49.001 (9), for the purposes of this chapter, except to the
20extent that the person for whom the participant is performing work agrees to provide
21worker's compensation coverage.
AB591-ASA1,114,323
102.29
(8) No participant in a community service job under s. 49.147 (4) or a
24transitional placement under s. 49.147 (5) who, under s. 49.147 (4) (c) or (5) (c), is
25provided worker's compensation coverage by a Wisconsin works agency, as defined
1under s. 49.001 (9), and who makes a claim for compensation under this chapter may
2make a claim or maintain an action in tort against the employer who provided the
3community service job or transitional placement from which the claim arose.
AB591-ASA1,114,10
6106.21
(1) (g) "Public assistance" means relief provided by counties under s.
759.07 (154),
Wisconsin works under ss. 49.141 to 49.161, aid to families with
8dependent children under s. 49.19, medical assistance under subch. IV of ch. 49,
9low-income energy assistance under s. 16.385, weatherization assistance under s.
1016.39 and the food stamp program under
7 USC 2011 to
2029.
AB591-ASA1,114,1713
106.215
(1) (fm) "Public assistance" means relief provided by counties under
14s. 59.07 (154),
Wisconsin works under ss. 49.141 to 49.161, aid to families with
15dependent children under s. 49.19, medical assistance under subch. IV of ch. 49,
16low-income energy assistance under s. 16.385, weatherization assistance under s.
1716.39 and the food stamp program under
7 USC 2011 to
2029.
AB591-ASA1,115,520
115.347
(2) Whenever a school district that is located in whole or in part in a
21county that has converted to the client assistance for reemployment and economic
22support data system submits a report under sub. (1) in the prescribed format, the
23department of industry, labor and human relations shall determine which children
24enrolled in the school district are members
of Wisconsin works groups participating
25under s. 49.147 (3) to (5) or of families receiving aid to families with dependent
1children or food stamps
, or both, and shall provide the information to the school board
2as soon thereafter as possible. The school board shall use the information to directly
3certify children as eligible for free or reduced-price meals served by the school
4district under federal school nutrition programs, pursuant to
42 USC 1758 (b) (2) (C)
5(ii) and (iii).
AB591-ASA1,115,168
115.40
(4) (b) The secretary and the secretary of health and social services shall
9review the applications and jointly determine the grant recipients and the amount
10of each grant. A grant may not be awarded to a school board, agency or organization
11unless the percentage of the participating school district's membership in the
12previous school year for whom aid to families with dependent children was being
13received under s. 49.19
, or who were members of a Wisconsin works group, as defined
14in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), was
15greater than 5%. In this paragraph, "membership" has the meaning given in s.
16121.004 (5).
AB591-ASA1,115,2418
115.40
(4) (c) 1. Programs that involve a school district that, in the previous
19school year, had a high proportion of pupils for whom aid to families with dependent
20children was being received under s. 49.19,
a high proportion of pupils who were
21members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member
22who participated under s. 49.147 (3) to (5), a high proportion of pupils who were
23children at risk, as defined under s. 118.153 (1) (a), or a high proportion of dropouts,
24as defined under s. 118.153 (1) (b).
AB591-ASA1,116,4
1115.45
(3m) (a) 2. "Low-income pupil" means a pupil for whom aid to families
2with dependent children is being received under s. 49.19
or a pupil who is a member
3of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is
4participating in Wisconsin works under s. 49.147 (3) to (5).
AB591-ASA1,116,86
119.82
(1) (a) 2. Is receiving aid to families with dependent children under s.
749.19
or is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), with
8a member who is participating in Wisconsin works under s. 49.147 (3) to (5).
AB591-ASA1,116,2210
120.13
(27m) Transportation of indigent pupils. Provide transportation to
11and from school for indigent pupils who reside in the school district and who are not
12required to be transported under s. 121.54. In this subsection, "indigent pupils"
13means pupils eligible for free lunches or reduced-price lunches under
42 USC 1758 14or aid to 18-year-old students under s. 49.20 or for whom aid to families with
15dependent children is being received under s. 49.19
or who are members of a
16Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is
17participating in Wisconsin works under s. 49.147 (3) to (5) or any combination
18thereof, as determined by the school board. If a school board determines to provide
19transportation under this subsection, there shall be reasonable uniformity in the
20transportation furnished such pupils whether they attend public or private schools.
21The cost of transporting pupils under this subsection may not be included in the
22school district's shared cost under s. 121.07 (6) (a).
AB591-ASA1,116,2524
227.01
(13) (zr) Establishes qualification criteria under s. 49.143 for a person
25to administer Wisconsin works under ss. 49.141 to 49.161.
AB591-ASA1,117,32
227.01
(13) (zs) Establishes geographical areas under s. 49.143 for the
3administration of Wisconsin works under ss. 49.141 to 49.161.
AB591-ASA1,117,65
227.01
(13) (zt) Establishes performance-based incentives under s. 49.143 (2)
6and performance standards under s. 49.143 (3).
AB591-ASA1, s. 228
7Section
228. 230.04 (13) (a) and (e) 1. and 2. of the statutes are amended to
8read:
AB591-ASA1,117,129
230.04
(13) (a) Establish standards for plans to increase state employment of
10recipients of aid under s. 49.19
or benefits under s. 49.147 (3) to (5) prepared by
11agencies under s. 230.147 (1). The standards shall state the time periods within
12which these plans shall be prepared.
AB591-ASA1,117,1513
(e) 1. A description of each agency's effort during that fiscal year to employ
14under s. 230.147 persons who received aid under s. 49.19
or benefits under s. 49.147
15(3) to (5).
AB591-ASA1,117,1816
2. The number of persons receiving aid under s. 49.19
or benefits under s.
1749.147 (3) to (5) who were employed by each agency under s. 230.147 during that
18fiscal year and the job title or classification of each position filled under s. 230.147.
AB591-ASA1,118,521
230.147
(1) Each appointing authority of an agency with more than 100
22authorized permanent full-time equivalent positions shall prepare and implement
23a plan of action to employ persons who, at the time determined under sub. (4), receive
24aid under s. 49.19
, or benefits under s. 49.147 (3) to (5), with the goal of making the
25ratio of those persons occupying permanent positions in the agency to the total
1number of persons occupying permanent positions in the agency equal to the ratio
2of the average case load receiving aid under s. 49.19
, or benefits under s. 49.147 (3)
3to (5), in this state in the previous fiscal year to the average number of persons in the
4state civilian labor force in the preceding fiscal year, as determined by the
5department of industry, labor and human relations.
AB591-ASA1,118,178
230.147
(2) Each appointing authority of an agency with 100 or fewer
9authorized permanent full-time equivalent positions is encouraged to employ
10persons who, at the time determined under sub. (4), receive aid under s. 49.19
, or
11benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons
12occupying permanent positions in the agency to the total number of persons
13occupying permanent positions in the agency equal to the ratio of the average case
14load receiving aid under s. 49.19
, or benefits under s. 49.147 (3) to (5) in this state
15in the previous fiscal year to the average number of persons in the state civilian labor
16force in the preceding fiscal year, as determined by the department of industry, labor
17and human relations.
AB591-ASA1,118,2419
230.147
(3) Notwithstanding subs. (1) and (2), the state fair park board shall
20make every reasonable effort to employ in permanent full-time equivalent positions
21persons who, at the time determined under sub. (4), receive aid under s. 49.19
or
22benefits under s. 49.147 (3) to (5). The state fair park board shall consult with the
23department of employment relations to assure that its efforts under this subsection
24comply with ch. 230.
AB591-ASA1, s. 232
1Section
232. 560.14 (1) (a) (intro.) and 1. of the statutes are consolidated,
2renumbered 560.14 (1) (a) and amended to read:
AB591-ASA1,119,63
560.14
(1) (a) "Applicable median household income" means the
greater of the
4following: 1. The median family income for the county where the household is
5located, as determined annually by the U.S. department of housing and urban
6development.
AB591-ASA1,119,129
767.045
(1) (c) 1. Aid is provided under s.
48.57 (3m), 49.19 or 49.45 on behalf
10of the child,
or benefits are provided to the child's custodial parent under ss. 49.141
11to 49.161, but the state and its delegate under s. 46.25 (7) are barred by a statute of
12limitations from commencing an action under s. 767.45 on behalf of the child.
AB591-ASA1,119,1514
767.075
(1) (c) Whenever aid under s.
48.57 (3m), 49.19 or 49.45
or a benefit
15under s. 49.153 is provided
to on behalf of a dependent child.
AB591-ASA1,119,1917
767.075
(1) (cm) Whenever aid under s. 48.57 (3m), 49.19 or 49.45 or a benefit
18under s. 49.153 has, in the past, been provided on behalf of a dependent child and the
19child's family is eligible for continuing child support services under
45 CFR 302.33.
AB591-ASA1,119,25
21767.077 Support for dependent child. (intro.) The state or its delegate
22under s. 46.25 (7) shall bring an action for support of a minor child under s. 767.02
23(1) (f) or, if appropriate, for paternity determination and child support under s.
24767.45 whenever the child's right to support is assigned to the state under s.
48.57
25(3m) (b) 2. or 49.19 (4) (h) 1. b. if all of the following apply:
AB591-ASA1,120,32
767.078
(1) (a) 2. The child's right to support is assigned to the state under s.
348.57 (3m) (b) 2. or 49.19 (4) (h) 1. b.
AB591-ASA1,120,125
767.15
(1) In any action affecting the family in which either party is a recipient
6of
benefits under ss. 49.141 to 49.161 or aid under s. 49.19 or 49.45, each party shall,
7either within 20 days after making service on the opposite party of any motion or
8pleading requesting the court or family court commissioner to order, or to modify a
9previous order, relating to child support, maintenance or family support, or before
10filing the motion or pleading in court, serve a copy of the motion or pleading upon the
11child support program designee under s. 59.07 (97) of the county in which the action
12is begun.
AB591-ASA1,120,1814
767.24
(6) (c) In making an order of joint legal custody and periods of physical
15placement, the court may specify one parent as the primary caretaker of the child and
16one home as the primary home of the child, for the purpose of determining eligibility
17for aid under s. 49.19
or benefits under ss. 49.141 to 49.161 or for any other purpose
18the court considers appropriate.
AB591-ASA1,120,2320
767.29
(1m) (c) The party entitled to the support or maintenance money has
21applied for or is receiving aid to families with dependent children and there is an
22assignment to the state under s.
48.57 (3m) (b) 2. or 49.19 (4) (h) 1. b. of the party's
23right to the support or maintenance money.
AB591-ASA1,121,18
1767.29
(2) If any party entitled to maintenance payments or support money,
2or both, is receiving public assistance under ch. 49, the party may assign the party's
3right thereto to the county department under s. 46.215, 46.22 or 46.23 granting such
4assistance. Such assignment shall be approved by order of the court granting the
5maintenance payments or support money, and may be terminated in like manner;
6except that it shall not be terminated in cases where there is any delinquency in the
7amount of maintenance payments and support money previously ordered or
8adjudged to be paid to the assignee without the written consent of the assignee or
9upon notice to the assignee and hearing. When an assignment of maintenance
10payments or support money, or both, has been approved by the order, the assignee
11shall be deemed a real party in interest within s. 803.01 but solely for the purpose
12of securing payment of unpaid maintenance payments or support money adjudged
13or ordered to be paid, by participating in proceedings to secure the payment thereof.
14Notwithstanding assignment under this subsection, and without further order of the
15court, the clerk of court, upon receiving notice that a party or a minor child of the
16parties is receiving aid under s. 49.19, shall forward all support assigned under s.
1748.57 (3m) (b) 2., 49.19 (4) (h) 1. or 49.45 (19) to the department of industry, labor and
18human relations.
AB591-ASA1,122,220
767.29
(4) If an order or judgment providing for the support of one or more
21children not receiving aid under s.
48.57 (3m) or 49.19 includes support for a minor
22who is the beneficiary of aid under s.
48.57 (3m) or 49.19, any support payment made
23under the order or judgment is assigned to the state under s.
48.57 (3m) (b) 2. or 49.19
24(4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid
1under s.
48.57 (3m) or 49.19, except as otherwise ordered by the court on the motion
2of a party.
AB591-ASA1,123,44
767.32
(1) (a) After a judgment or order providing for child support under this
5chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2) or 948.22 (7), maintenance
6payments under s. 767.26 or family support payments under this chapter, or for the
7appointment of trustees under s. 767.31, the court may, from time to time, on the
8petition, motion or order to show cause of either of the parties, or upon the petition,
9motion or order to show cause of the department of health and social services, a
10county department under s. 46.215, 46.22 or 46.23 or a child support program
11designee under s. 59.07 (97) if an assignment has been made under s.
48.57 (3m) (b)
122., 49.19 (4) (h)
or, 49.153 (3) or 49.45 (19) or if either party or their minor children
13receive aid under
s. 48.57 (3m) or ch. 49, and upon notice to the family court
14commissioner, revise and alter such judgment or order respecting the amount of such
15maintenance or child support and the payment thereof, and also respecting the
16appropriation and payment of the principal and income of the property so held in
17trust, and may make any judgment or order respecting any of the matters that such
18court might have made in the original action, except that a judgment or order that
19waives maintenance payments for either party shall not thereafter be revised or
20altered in that respect nor shall the provisions of a judgment or order with respect
21to final division of property be subject to revision or modification. A revision, under
22this section, of a judgment or order with respect to an amount of child or family
23support may be made only upon a finding of a substantial change in circumstances.
24In any action under this section to revise a judgment or order with respect to
25maintenance payments, a substantial change in the cost of living by either party or
1as measured by the federal bureau of labor statistics may be sufficient to justify a
2revision of judgment or order with respect to the amount of maintenance, except that
3a change in an obligor's cost of living is not in itself sufficient if payments are
4expressed as a percentage of income.
AB591-ASA1,123,96
767.32
(1) (b) 1. Commencement of receipt of aid to families with dependent
7children under s. 49.19
or participation in Wisconsin works under ss. 49.141 to
849.161 by either parent since the entry of the last child support order, including a
9revision of a child support order under this section.
AB591-ASA1, s. 246
10Section
246. 767.47 (6) (a) and (b) of the statutes are amended to read:
AB591-ASA1,123,2011
767.47
(6) (a) Whenever the state brings the action to determine paternity
12pursuant to an assignment under s.
48.357 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1.
13or 49.45 (19),
or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, the
14natural mother of the child may not be compelled to testify about the paternity of the
15child if it has been determined that the mother has good cause for refusing to
16cooperate in establishing paternity as provided in
42 USC 602 (a) (26) (B) and the
17federal regulations promulgated pursuant to this statute, as of July 1, 1981, and
18pursuant to any rules promulgated by the department of health and social services
19which define good cause in accordance with the federal regulations, as authorized by
2042 USC 602 (a) (26) (B) in effect on July 1, 1981.
AB591-ASA1,123,2521
(b) Nothing in par. (a) prevents the state from bringing an action to determine
22paternity pursuant to an assignment under s.
48.357 (3m) (b) 2., 49.153 (3) (a), 49.19
23(4) (h) 1. or 49.45 (19)
, or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, 24where evidence other than the testimony of the mother may establish the paternity
25of the child.
AB591-ASA1,124,83
814.61
(13) Support or maintenance petition. For the cost of court services,
4whenever a person not receiving
benefits under s. 49.148, 49.153 or 49.155 or aid
5under s. 49.19, 49.46, 49.465, 49.468 or 49.47 files a petition requesting child
6support, maintenance or family support payments, $10 in addition to any other fee
7required under this section. This subsection does not apply to a petition filed by the
8state or its delegate.
AB591-ASA1,124,1610
948.22
(4) (b) For a person not subject to a court order requiring child,
11grandchild or spousal support payments, when the person knows or reasonably
12should have known that he or she has a dependent, failure to provide support equal
13to at least the amount
set forth established by rule by the department of health and
14family services under s.
49.19 (11) (a) 46.25 (9) (a) or causing a spouse, grandchild
15or child to become a dependent person, or continue to be a dependent person, as
16defined in s. 49.01 (2).
AB591-ASA1, s. 249
17Section
249
.
Nonstatutory provisions; industry, labor and job
development.
AB591-ASA1,124,23
18(1)
Wisconsin works administration. The authorized FTE positions for the
19department of industry, labor and job development are increased by 18.0 GPR
20positions on July 1, 1996, to be funded from the appropriation under section 20.445
21(3) (dz) of the statutes, as affected by this act, for the purpose of administering the
22Wisconsin works program under sections 49.141 to 49.161 of the statutes, as created
23by this act.
AB591-ASA1,125,9
1(2)
Rules relating to public assistance. Using the procedure under section
2227.24 of the statutes, the department of health and social services shall promulgate
3rules required under chapters 46, 48 and 49 of the statutes, as affected by the acts
4of 1995, before July 1, 1996, for the period before permanent rules take effect, but not
5to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
6Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department of
7health and social services need not provide evidence of the necessity of preservation
8of the public peace, health, safety or welfare in promulgating rules under this
9subsection.
AB591-ASA1,125,18
10(3)
Rules on qualification criteria for the administration of Wisconsin
11works. Using the procedure under section 227.24 of the statutes, the department of
12industry, labor and job development shall promulgate rules required under sections
1349.143 to 49.157 of the statutes, as created by this act, for the period before
14permanent rules take effect, but not to exceed the period authorized under section
15227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2)
16(b) of the statutes, the department need not provide evidence of the necessity of
17preservation of the public peace, health, safety or welfare in promulgating rules
18under this subsection.
AB591-ASA1,126,2
19(4)
Rules for the administration of the Wisconsin works health plan. Using
20the procedure under section 227.24 of the statutes, the department of health and
21family services shall promulgate rules required under section 49.153 of the statutes,
22as created by this act, for the period before permanent rules take effect, but not to
23exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes.
24Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department of
25health and family services need not provide evidence of the necessity of preservation
1of the public peace, health, safety or welfare in promulgating rules under this
2subsection.
AB591-ASA1,126,6
3(5)
Low-income and at-risk child care. The treatment of section 46.98 (4) (a)
42. and (b) of the statutes does not apply to any person who is receiving aid under
5section 46.98 (4) on the effective of this subsection until the first day of the 4th month
6beginning after the effective date of this subsection.
AB591-ASA1,126,18
7(6)
Kinship care assessments and background investigations. Beginning on
8July 1, 1996, each county department of human services or social services under
9sections 46.215, 46.22 and 46.23 of the statutes shall assess and conduct a
10background investigation of each nonlegally responsible relative who is providing
11care for a dependent child, as defined in section 49.19 (1) (a) of the statutes, under
12a program administered by that county department to determine if the relative is
13eligible to receive kinship care payments under section 48.57 (3m) (a) of the statues,
14as created by this act. Each county department of human services or social services
15under sections 46.215, 46.22 and 46.23 shall complete all of the assessments and
16background investigations required under this subsection and shall end income
17maintenance payments under section 49.33 of the statutes to those relatives by July
181, 1997.
AB591-ASA1,127,4
20(1)
Health and social services. In the schedule under section 20.005 (3) of the
21statutes for the appropriation to the department of health and social services under
22section 20.435 (4) (dz) of the statutes, as affected by the acts of 1995, the dollar
23amount is decreased by the amounts encumbered from the appropriations under
24section 20.435 (4) (cn), (d), (dc), (de), (df) and (dg) of the statutes, immediately before
25the repeal of section 20.435 (4) (cn), (d), (dc), (de), (df) and (dg) of the statutes and by
1the amounts encumbered under section 20.435 (7) (b) of the statutes for low-income
2and at-risk child care immediately before the effective date of this paragraph to
3transfer funding for the purposes of these appropriations to the appropriation
4accounts under section 20.435 (4) (dz).
AB591-ASA1,127,11
5(2)
Community aids. In the schedule under section 20.005 (3) of the statutes
6for the appropriation to the department of health and social services under section
720.435 (7) (b) of the statutes, as affected by the acts of 1995, the dollar amount is
8decreased by $5,576,100 for fiscal year 1995-96, less any amount encumbered in
9fiscal year 1995-96 for low-income and at-risk child care, and the dollar amount is
10decreased by $5,576,100 for fiscal year 1996-97 to reflect the deletion of low-income
11and at-risk child care from community aids funding.
AB591-ASA1, s. 251
12Section
251.
Appropriation changes; industry, labor and job
development.
AB591-ASA1,127,17
13(1)
Public assistance and local aid. In the schedule under section 20.005 (3)
14of the statutes for the appropriation to the department of industry, labor and job
15development under section 20.445 (3) (dz) of the statutes, as affected by the acts of
161995, the dollar amount is increased by $202,512,900 for fiscal year 1996-97 for the
17purposes for which the appropriation is made.