Amendment ASA1-AB591

AB591-ASA1,120,12 767.15 (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. 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.

AB591-ASA1, s. 240 Section 240. 767.24 (6) (c) of the statutes is amended to read:

AB591-ASA1,120,18 767.24 (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.

AB591-ASA1, s. 241 Section 241. 767.29 (1m) (c) of the statutes is amended to read:

AB591-ASA1,120,23 767.29 (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.

AB591-ASA1, s. 242 Section 242. 767.29 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA1,121,18 767.29 (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.

AB591-ASA1, s. 243 Section 243. 767.29 (4) of the statutes is amended to read:

AB591-ASA1,122,2 767.29 (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.

AB591-ASA1, s. 244 Section 244. 767.32 (1) (a) of the statutes is amended to read:

AB591-ASA1,123,4 767.32 (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) 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 social 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. 48.57 (3m) (b) 2., 49.19 (4) (h) or, 49.153 (3) 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.

AB591-ASA1, s. 245 Section 245. 767.32 (1) (b) 1. of the statutes is amended to read:

AB591-ASA1,123,9 767.32 (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.

AB591-ASA1, s. 246 Section 246. 767.47 (6) (a) and (b) of the statutes are amended to read:

AB591-ASA1,123,20 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 48.357 (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.

AB591-ASA1,123,25 (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.357 (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.

AB591-ASA1, s. 247 Section 247. 814.61 (13) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA1,124,8 814.61 (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.

AB591-ASA1, s. 248 Section 248. 948.22 (4) (b) of the statutes is amended to read:

AB591-ASA1,124,16 948.22 (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).

AB591-ASA1, s. 249 Section 249 . Nonstatutory provisions; industry, labor and job development.

AB591-ASA1,124,23 (1)   Wisconsin works administration. The authorized FTE positions for the department of industry, labor and job development are increased by 18.0 GPR positions on July 1, 1996, to be funded from the appropriation under section 20.445 (3) (dz) of the statutes, as affected by this act, for the purpose of administering the Wisconsin works program under sections 49.141 to 49.161 of the statutes, as created by this act.

AB591-ASA1,125,9 (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.

AB591-ASA1,125,18 (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.

AB591-ASA1,126,2 (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.

AB591-ASA1,126,6 (5)   Low-income and at-risk child care. The treatment of section 46.98 (4) (a) 2. and (b) of the statutes does not apply to any person who is receiving aid under section 46.98 (4) on the effective of this subsection until the first day of the 4th month beginning after the effective date of this subsection.

AB591-ASA1,126,18 (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 shall assess and conduct a background investigation 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 to determine if the relative is eligible to receive kinship care payments under section 48.57 (3m) (a) of the statues, as created by this act. 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 income maintenance payments under section 49.33 of the statutes to those relatives by July 1, 1997.

AB591-ASA1, s. 250 Section 250 . Appropriation changes; health and social services.

AB591-ASA1,127,4 (1)   Health and social services. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (4) (dz) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by the amounts encumbered from the appropriations under section 20.435 (4) (cn), (d), (dc), (de), (df) and (dg) of the statutes, immediately before the repeal of section 20.435 (4) (cn), (d), (dc), (de), (df) and (dg) of the statutes and by the amounts encumbered under section 20.435 (7) (b) of the statutes for low-income and at-risk child care immediately before the effective date of this paragraph to transfer funding for the purposes of these appropriations to the appropriation accounts under section 20.435 (4) (dz).

AB591-ASA1,127,11 (2)   Community aids. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and social services under section 20.435 (7) (b) of the statutes, as affected by the acts of 1995, the dollar amount is decreased by $5,576,100 for fiscal year 1995-96, less any amount encumbered in fiscal year 1995-96 for low-income and at-risk child care, and the dollar amount is decreased by $5,576,100 for fiscal year 1996-97 to reflect the deletion of low-income and at-risk child care from community aids funding.

AB591-ASA1, s. 251 Section 251. Appropriation changes; industry, labor and job development.

AB591-ASA1,127,17 (1)  Public assistance and local aid. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of industry, labor and job development under section 20.445 (3) (dz) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $202,512,900 for fiscal year 1996-97 for the purposes for which the appropriation is made.

AB591-ASA1, s. 252 Section 252 . Initial applicability.

AB591-ASA1,127,21 (1)  Low-income and at-risk child care. The treatment of section 46.98 (4) (a) 2. and (4) (b) of the statutes first applies to a person who applies to receive aid on the effective date of this subsection.

AB591-ASA1, s. 253 Section 253. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB591-ASA1,128,14 (1)  Public assistance and local aid. The treatment of sections 20.435 (4) (a), (cn), (d), (dc), (de), (df) and (dg), 46.253 (2), 46.40 (1) (a) and (4m), 46.45 (intro.), (1) and (6), 46.62 (2), 46.98 (1) (b), (2) (a), (3) (c), (4) (a) 2. and (b) 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) (ad) 1., (am) and (d) and (5) and 560.14 (1) (a) (intro.), 1. and 2. of the statutes, the renumbering and amendment of sections 48.651 and 49.19 (20) of the statutes, the amendment of sections 13.101 (6) (a), 46.979 (2) (a), 49.19 (11) (a) 1. a., 49.193 (8) (bm), 49.193 (10m), 49.197 (1m) and (4), 49.20 (3) and 49.45 (6m) (br) 1. of the statutes, the creation of sections 16.75 (6) (bm), 20.435 (4) (dz), 46.98 (1) (bd) and (bf), 48.651 (1) (a) and (b and (2), 49.181 (title), (1) (intro.) and (a) to (c) and (d) to (g), (2) and (3) and 49.19 (20) (b) of the statutes and Sections 249 (2), (3) and (6), 250 (1) and (2) and 252 of this act take effect on the day after publication.

AB591-ASA1,128,17 (2)  Public assistance. The repeal and recreation of section 46.032 of the statutes takes effect on January 1, 1996, or on the day after publication, whichever is later.

AB591-ASA1,128,18 (End)