AB591: Bill Text

AB591, s. 176 Section 176. 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 3091, is renumbered 49.50 (6e) and amended to read:

AB591,93,23 49.50 (6e) Within the limits of funds available under s. 20.435 (4) (cn) (dz) and (na) and (6) (jg), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

AB591, s. 177 Section 177. 49.50 (6k) (a) of the statutes is amended to read:

AB591,94,6 49.50 (6k) (a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (6e) (b) and (6g) for recipients and former recipients of aid under s. 49.19 and under sub. (7) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.

AB591, s. 178 Section 178. 49.50 (6k) (b) of the statutes is amended to read:

AB591,94,13 49.50 (6k) (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under s. 49.193 (8) or 49.50 (6e) (a) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.

AB591, s. 179 Section 179. 49.52 (1) (ad) 1. of the statutes is amended to read:

AB591,94,20 49.52 (1) (ad) 1. The department shall reimburse each county for reasonable costs of income maintenance administration according to a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (de) (dz) and (nL) by contract under s. 46.032. The amount of reimbursement calculated under this paragraph is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

AB591, s. 180 Section 180. 49.52 (1) (am) of the statutes is amended to read:

AB591,95,3 49.52 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (4) (d) (dz) and (p) and (7) (b) and (o) for 100% of the cost of aid to families with dependent children granted under s. 49.19, for social services as approved by the department under ss. 46.215 (1), (2) (c) and (3) and 46.22 (1) (b) 8. and (e) 3., and for funeral expenses paid for recipients of aid under s. 49.30, except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB591, s. 181 Section 181. 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 3134m, is amended to read:

AB591,95,20 49.52 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid under s. 49.19, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) , (4m) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB591, s. 182 Section 182. 49.52 (5) of the statutes is amended to read:

AB591,95,25 49.52 (5) The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (4) from the payment to the county or tribe under s. 20.435 (4) (de) (dz) and (nL) and reimburse the federal government from the funds withheld.

AB591, s. 183 Section 183. 49.77 (3v) of the statutes is created to read:

AB591,96,3 49.77 (3v) Increased supplemental payments to custodial parents. (a) In this subsection:

AB591,96,4 1. "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB591,96,5 2. "Dependent child" has the meaning given in s. 49.141 (1) (c).

AB591,96,8 (b) A person who receives payments under this section and who is a custodial parent shall receive an increased state supplement of $77 for each dependent child with respect to whom the person is a custodial parent.

AB591, s. 184 Section 184. 49.83 of the statutes, as affected by 1995 Wisconsin Act 27, sections 3142 and 3144, is amended to read:

AB591,96,18 49.83 Limitation on giving information. Except as provided under s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under ss. 49.141 to 49.161, social services or supplemental payments under s. 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB591, s. 185 Section 185. 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act 27, section 3211, is amended to read:

AB591,97,2 49.84 (5) A person applying for Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV or food stamp program benefits under 7 USC 2011 to 2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in 42 USC 1320b-7(d).

AB591, s. 186 Section 186. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3220, is amended to read:

AB591,97,10 49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works program under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV or food stamps under 7 USC 2011 to 2029.

AB591, s. 187 Section 187. 49.96 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,97,18 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 49.148 (1) (b) to 49.159, payments made for social services, cash benefits paid by counties under s. 59.07 (154), 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.

AB591, s. 188 Section 188. 59.07 (97) of the statutes is amended to read:

AB591,98,8 59.07 (97) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and social services. The attorneys responsible for support enforcement under s. 59.458 (1), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department as necessary to provide the services required under the programs. The county shall charge the fee established by the department under s. 46.25 for services provided under this subsection to persons not receiving benefits under s. 49.148 or 49.153 or assistance under s. 49.19 or 49.47.

AB591, s. 189 Section 189. 71.54 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,98,15 71.54 (2) (a) (intro.) Property taxes accrued or rent constituting property taxes accrued shall be reduced by one-twelfth for each month or portion of a month for which the claimant received relief from any county under s. 59.07 (154) equal to or in excess of $400, participated in Wisconsin works under s. 49.147 (4) or (5) or received assistance under s. 49.19, except assistance received:

AB591, s. 190 Section 190. 102.07 (17) of the statutes is created to read:

AB591,98,19 102.07 (17) A participant in a trial job under s. 49.147 (3) is an employe of any employer under this chapter for whom the participant is performing service at the time of the injury.

AB591, s. 191 Section 191. 102.07 (18) of the statutes is created to read:

AB591,98,25 102.07 (18) A participant in a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) is an employe of the Wisconsin works agency, as defined under s. 49.001 (9), for the purposes of this chapter, except to the extent that the person for whom the participant is performing work agrees to provide worker's compensation coverage.

AB591, s. 192 Section 192. 102.29 (8) of the statutes is created to read:

AB591,99,7 102.29 (8) No participant in a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) who, under s. 49.147 (4) (c) or (5) (c), is provided worker's compensation coverage by a Wisconsin works agency, as defined under s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the community service job from which the claim arose.

AB591, s. 193 Section 193. 106.21 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,99,14 106.21 (1) (g) "Public assistance" means relief provided by counties under s. 59.07 (154), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

AB591, s. 194 Section 194. 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,99,21 106.215 (1) (fm) "Public assistance" means relief provided by counties under s. 59.07 (154), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

AB591, s. 195 Section 195. 115.347 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,99,25 115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of industry, labor and human relations shall determine which children enrolled in the school district are members of Wisconsin works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps, or both, and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

AB591, s. 196 Section 196. 115.40 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,100,20 115.40 (4) (b) The secretary and the secretary of health and social services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19, or who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), was greater than 5%. In this paragraph, "membership" has the meaning given in s. 121.004 (5).

AB591, s. 197 Section 197. 115.40 (4) (c) 1. of the statutes is amended to read:

AB591,101,3 115.40 (4) (c) 1. Programs that involve a school district that, in the previous school year, had a high proportion of pupils for whom aid to families with dependent children was being received under s. 49.19, a high proportion of pupils who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), a high proportion of pupils who were children at risk, as defined under s. 118.153 (1) (a), or a high proportion of dropouts, as defined under s. 118.153 (1) (b).

AB591, s. 198 Section 198. 115.45 (3m) (a) 2. of the statutes is amended to read:

AB591,101,8 115.45 (3m) (a) 2. "Low-income pupil" means a pupil for whom aid to families with dependent children is being received under s. 49.19 or a pupil who is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5).

AB591, s. 199 Section 199. 119.82 (1) (a) 2. of the statutes is amended to read:

AB591,101,12 119.82 (1) (a) 2. Is receiving aid to families with dependent children under s. 49.19 or is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5).

AB591, s. 200 Section 200. 120.13 (27m) of the statutes is amended to read:

AB591,102,2 120.13 (27m) Transportation of indigent pupils. Provide transportation to and from school for indigent pupils who reside in the school district and who are not required to be transported under s. 121.54. In this subsection, "indigent pupils" means pupils eligible for free lunches or reduced-price lunches under 42 USC 1758 or aid to 18-year-old students under s. 49.20 or for whom aid to families with dependent children is being received under s. 49.19 or who are members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5) or any combination thereof, as determined by the school board. If a school board determines to provide transportation under this subsection, there shall be reasonable uniformity in the transportation furnished such pupils whether they attend public or private schools. The cost of transporting pupils under this subsection may not be included in the school district's shared cost under s. 121.07 (6) (a).

AB591, s. 201 Section 201. 227.01 (13) (zr) of the statutes is created to read:

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).