AB591: Bill Text

AB591,102,5 227.01 (13) (zr) Establishes qualification criteria under s. 49.143 for a person to administer Wisconsin works under ss. 49.141 to 49.161.

AB591, s. 202 Section 202. 227.01 (13) (zs) of the statutes is created to read:

AB591,102,8 227.01 (13) (zs) Establishes geographical areas under s. 49.143 for the administration of Wisconsin works under ss. 49.141 to 49.161.

AB591, s. 203 Section 203. 230.04 (13) (a) and (e) 1. and 2. of the statutes are amended to read:

AB591,102,14 230.04 (13) (a) Establish standards for plans to increase state employment of recipients of aid under s. 49.19 or benefits under s. 49.147 (3) to (5) prepared by agencies under s. 230.147 (1). The standards shall state the time periods within which these plans shall be prepared.

AB591,102,17 (e) 1. A description of each agency's effort during that fiscal year to employ under s. 230.147 persons who received aid under s. 49.19 or benefits under s. 49.147 (3) to (5).

AB591,102,20 2. The number of persons receiving aid under s. 49.19 or benefits under s. 49.147 (3) to (5) who were employed by each agency under s. 230.147 during that fiscal year and the job title or classification of each position filled under s. 230.147.

AB591, s. 204 Section 204. 230.147 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,103,7 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and human relations.

AB591, s. 205 Section 205. 230.147 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,103,19 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5) in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and human relations.

AB591, s. 206 Section 206. 230.147 (3) of the statutes is amended to read:

AB591,104,2 230.147 (3) Notwithstanding subs. (1) and (2), the state fair park board shall make every reasonable effort to employ in permanent full-time equivalent positions persons who, at the time determined under sub. (4), receive aid under s. 49.19 or benefits under s. 49.147 (3) to (5). The state fair park board shall consult with the department of employment relations to assure that its efforts under this subsection comply with ch. 230.

AB591, s. 207 Section 207. 560.14 (1) (a) (intro.) and 1. of the statutes are consolidated, renumbered 560.14 (1) (a) and amended to read:

AB591,104,8 560.14 (1) (a) "Applicable median household income" means the greater of the following: 1. The median family income for the county where the household is located, as determined annually by the U.S. department of housing and urban development.

AB591, s. 208 Section 208. 560.14 (1) (a) 2. of the statutes is repealed.

AB591, s. 209 Section 209. 767.045 (1) (c) 1. of the statutes is amended to read:

AB591,104,14 767.045 (1) (c) 1. Aid is provided under s. 49.19 or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 46.25 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB591, s. 210 Section 210. 767.075 (1) (c) of the statutes is amended to read:

AB591,104,18 767.075 (1) (c) Whenever aid under s. 49.19 or 49.45 is provided to a dependent child or benefits are provided to a Wisconsin works participant under ss. 49.141 to 49.161.

AB591, s. 211 Section 211. 767.15 (1) of the statutes is amended to read:

AB591,105,2 767.15 (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, s. 212 Section 212. 767.24 (6) (c) of the statutes is amended to read:

AB591,105,8 767.24 (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, s. 213 Section 213. 767.32 (1) (a) of the statutes is amended to read:

AB591,106,9 767.32 (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. 49.19 (4) (h) or, 49.153 (3) or 49.45 (19) or if either party or their minor children receive aid under 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, s. 214 Section 214. 767.32 (1) (b) 1. of the statutes is amended to read:

AB591,106,14 767.32 (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, s. 215 Section 215. 767.47 (6) (a) and (b) of the statutes are amended to read:

AB591,106,24 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), 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.

AB591,107,4 (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19) where evidence other than the testimony of the mother may establish the paternity of the child.

AB591, s. 216 Section 216. 814.61 (13) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,107,11 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148 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, s. 217 Section 217. 948.22 (4) (b) of the statutes is amended to read:

AB591,107,19 948.22 (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, s. 218 Section 218 . Nonstatutory provisions; industry, labor and job development.

AB591,107,22 (1) Rules on qualification criteria for the administration of Wisconsin works.

AB591,108,2 (a) The department of industry, labor and job development shall submit proposed rules required under sections 49.143 to 49.157 of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than August 31, 1996. 

AB591,108,10 (b) 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 the effective date of the rules submitted under paragraph (a), 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 paragraph.

AB591, s. 219 Section 219 . Appropriation changes; health and social services.

AB591,108,17 (1)  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 $21,404,100 for fiscal year 1995-96 and the dollar amount is decreased by $21,504,800 for fiscal year 1996-97 to reflect the deletion of low-income and at-risk child care from community aids funding.

AB591, s. 220 Section 220. Appropriation changes; industry, labor and job development.

AB591,108,23 (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 $218,441,600 for fiscal year 1996-97 for the purposes for which the appropriation is made.

AB591, s. 221 Section 221 . Initial applicability.

AB591,109,3 (1)  Low-income and at-risk child care. The treatment of sections 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, s. 222 Section 222. Effective dates. This act takes effect on July 1, 1996, or on the day after publication, whichever is later, except as follows:

AB591,109,16 (1)  Public assistance and local aid. The treatment of sections 16.75 (6) (bm) and (bs), 20.435 (4) (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) and (4) (a) 2. and (b), 49.046 (4) (f), 49.049 (3), 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) (e), (7) and (9m) (a) and (ag), 49.27 (5) (e) 2. and 7., 49.50 (6e) (a) and (b) and (6k) (a) and (b), 49.52 (1) (ad) 1., (am) and (d) and (5) and 560.14 (1) (a) (intro.), 1. and 2. 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 20.435 (4) (dz) and 49.181 (title), (1) (intro.) and (a) to (g) and (2) of the statutes and Sections 218, 219 and 221 of this act take effect on the day after publication.

AB591,109,19 (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.

AB591,109,20 (End)