This week's survey

Earlier this session, the legislature passed Assembly Bill 76, with bipartisan support. I am a proud co-sponsor of this legislation and voted in favor of final passage. 

Assembly Bill 76 brings Wisconsin's CNA instructional requirements in line with federal standards and those of neighboring states. The bill achieves this feat without costing the state extra dollars in incentive programs.

Federal law requires CNAs to have 75 hours of instructional training with 16 hours of clinical training to become certified. Currently, Wisconsin requires 120 hours of classroom instruction and 32 hours of clinical training. These requirements have placed Wisconsin facilities at a significant disadvantage, especially with our border states, all of which require 75 hours of training. 

I agree with the Director of Nursing Council's testimony at the public hearing, "This change will increase the financial ability of individuals interested in healthcare careers to enter the field in a time frame that is comparable to other entry-level positions, will decrease the financial burden on the individual and still adequately prepare them for entry as a healthcare worker providing basic cares to Wisconsin citizens in need of care in long-term care continuum due to illness or disease."

Despite being supported by the Disability Service Provider Network; Home Care Association of America; LeadingAge Wisconsin; Mayo Clinic Health System; Wisconsin Assisted Living Association; The Wisconsin Health Care Association; Representatives Steve Doyle (D-Onalaska); Beth Meyers (D-Bayfield); and Don Vruwink (D-Milton), Governor Tony Evers vetoed this bill. 

The Assembly, at this week's floor session, failed to override Governor Evers' veto due to partisan politics, as the three Democrats who supported final passage the first time, opposed the veto override. 

Please, take a minute to answer this week's survey question regarding instructional training requirements for CNAs.

Click here for my survey

Survey Results

Thank you to everyone who answered last week's survey question regarding the federal government's decision to increase the age for purchasing tobacco-related products from 18 to 21. In total, 128 individuals answered, with 50 percent of respondents supporting an age increase and 41 percent against increasing the minimum age. 10 percent of respondents selected "other." Responses include:

"No, I am opposed to the state further becoming a 'nanny state.' Choices come with consequences."

"No. If they can vote, get drafted, and fight for their country, they should be afforded all the privileges of full citizenship."

"No, let adults make their own choices about dangerous activities that they get enjoyment from."

"This is a violation of personal freedom and individual liberty. Furthermore, it is a profound overreach by the federal government." 

Legislation

This week, 10 bills I authored were voted on during Wednesday's Assembly floor session. Nine of these bills, AB 93-AB 102, all of which originated in the Joint Legislative Council Study Committee on Child Placement and Support that I co-chaired with Senator Lena Taylor (D-Milwaukee), last session, were approved unanimously via voice vote and will be sent to the Senate for their consideration.  

The tenth bill, AB 490, is the product of numerous conversations with local and county officials, as well as my decade of experience as the Chairman of the Ozaukee County Board of Supervisors. AB 490 was approved via roll call vote with bipartisan support. 

Assembly Bill 490: Levy Limits for Service Transfers

Typically, a political subdivision that transfers services to another political subdivision must lower its levy limit by the amount it would have sustained to provide that service. The transferee political subdivision would then increase its levy limit to reflect the cost of providing the new service. 

Assembly Substitute Amendment 1 to Assembly Bill 490 repeals both of these exceptions to levy limits. Under the bill, levy limits will remain the same, if a service is transferred. The goal of the bill is to increase the number of shared services throughout the state and help governments begin to transfer services without penalty. A reduction in the size of government will lower the cost to continue for local governments and maintain strict levy limits for longer periods of time. The repeal of these statutes will provide an incentive for service consolidation and collaboration, which will result in lower property tax levels.

Assembly Bill 93: The Uniformed Deployed Parents Custody and Visitation Act

Assembly Bill 93 is a piece of Uniform Law Commission Legislation, which has already been enacted in 14 states. Assembly Bill 93 establishes a process and standards for temporary delegation of custodial responsibilities when a parent is deployed in military or national service. 

During deployment, the parent may grant his or her custodial responsibilities or visitation to stepparents, grandparents, great-grandparents, or adults who have a parent-life relationship with the child. The bill also establishes a timeframe for termination of these temporary custodial responsibilities when the deployed parent returns. The timeframe is incumbent upon the length of deployment.

The study committee heard testimony that custody and placement arrangements are often challenging for military families during deployment. Assembly Bill 93 would help give these families a sense of certainty during deployment.

Assembly Bill 95: Contingency Placements

Assembly Bill 95 allows courts to approve contingency placement agreements. These would lead to modifications to legal custody or physical placement based upon future events that are certain to occur within two years' time. For example, a change in a child's school or extra-curricular activities. 

Amendment 1 to Assembly Bill 95 stipulates that contingency placements cannot be based on anticipated parental behavior modifications, such as, completion of domestic violence or AODA treatment. Additionally, incarceration for certain crimes would deem a parent ineligible for a contingency placement.

The study committee heard testimony regarding the value of encouraging parents to engage, in advance, in discussion about anticipated issues and changes in the family and to attempt to resolve those issues together.

Current limitations on modifying orders favor to the status quo on placement agreements, but these limitations are not realistic in situations when change in life events and a child's need can be anticipated in the near future. These limitations under current law were the impetus for Assembly Bill 95.

 Assembly Bill 96: Calculating Child Support

Assembly Bill 96 updates current DCF (Department of Children and Families) administrative rules relating to child support formulas to reflect that shared physical placement arrangements are now very common and should not be considered special circumstances.

This is a technical cleanup bill that codifies current practices in statutes. The statutes should be updated to reflect that shared physical placement arrangements are no longer an exception to the typical placement arrangement, but rather, the common practice. This technical change place references to shared physical placement in the statutes prior to other, now less commonly used physical placement arrangements. It is important to denote that formulas used to calculate child support amounts are not changed.

The committee heard testimony that the modern focus of child support is on a child's right to share in both parents' income as if the family was intact, and is based on national studies of family expenditures. Assembly Bill 96 makes updates to reflect current practice. 

Assembly Bill 97: Involvement and Cooperation of Parents

Assembly Bill 97 adds a new statement to the general principles for child custody and placement. Furthermore, it states that any order presumes that the involvement and cooperation of both parents regarding the physical, mental, and emotional well-being of the child in the best interest of the child. 

The study committee wanted to emphasize that cooperation in parenting and involvement by both parenting parties is usually in the child's best interest.

Assembly Bill 98: Physical Placement Factors

Assembly Bill 98 specifies that if a court grants less than 25 percent placement to a parent, a finding of fact must be entered as to the reason greater placement with that parent is not in the best interest of the child.

Currently, parents are not given reasons or explanation as to why they are not being awarded placement. This bill allows parents to have a clear understanding of which factors they are not meeting. This allows them to be aware of and have the ability to work on the issues presented. Given the trend in shared and substantially equal placement arrangements, the committee found value in having a court explain the reasoning when physical placement with one parent is limited.

Additionally, Assembly Bill 98 reorders statutory best-interest factors, but specifies that the factors are not necessarily listed in order of importance. The study committee heard testimony suggesting that the factors be rearranged for easier application. 

Assembly Bill 99: Parenting Plans

Under current law, divorcing parties are required to file a parenting plan with the court only after mediation fails or if mediation is waived. Assembly Bill 99 requires parents to submit proposed parenting plans to family court services or the mediator at least 10 days before mediation.

The parenting plans must include more focus on co-parenting, rather than financial arrangements. The study committee heard testimony that co-parenting proposals are effective in helping parents focus on a child's need and determining arrangements that work best for the family, without litigation. The effectiveness of the current parenting plan process is largely lost and this bill remedies the current system's failure.

 Assembly Bill 100: Judicial Review of Court Records

Assembly Bill 100 would allow courts in a family law action involving minor children to take judicial notice of records for specific convictions and restraining orders. The convictions must involve crimes subject to the domestic abuse surcharge, crimes against the convicted individual's child, or restraining orders that were ordered by the other parent.

The study committee heard testimony that the court is frequently unaware if a family has a history of domestic violence, even when a parent has a conviction or injunction that is publicly available in court records. Judges do not always ask a party about possible history of domestic violence, unless prompted by something in the case file. Additionally, victims of domestic violence are often hesitant to speak up about past instances, so judges would be able to look at records themselves. 

Under the judicial ethical code, issued by the Wisconsin Supreme Court, judges are prohibited from independently investigating facts in a case. However, WI State Statute 902.01 permits courts "to take judicial notice of facts capable of accurate and ready determination for sources whose accuracy cannot be reasonably questioned." Assembly Bill 100 eliminates this conflict. 

The bill would allow judges to have all of the relevant information when determining periods of physical placement of a child.

 Assembly Bill 101: Elimination of Family Support

Currently, family support combines portions of child support and maintenance into a single payment. For tax purposes, family support payments are considered to be maintenance payments, so the payment is deductible to the payor-spouse and taxable to the recipient-spouse. 

Under the federal Tax Cuts and Jobs Act of 2017, maintenance payments, such as family support, are no longer deductible of the payor and not included as income to the recipient.

Due to this change at the federal level, Assembly Bill 101 was introduced. This bill eliminates new family support orders in order to ensure that these payments are consistent with current and federal tax laws.

Assembly Bill 102: Military Allowances in Determination of Child Support

Under Assembly Bill 102, DCF could no longer include variable housing costs when determining gross income for child support. However, the department would continue to calculate gross income using veterans' disability compensation benefits and military basic allowance for subsistence and housing. 

The study committee heard testimony that using variable housing costs, rather than base housing costs, leads to an increased number of court actions for a revision of child support upon each military move. The use of base housing costs would create stability and better reflect the variable housing costs purpose. 

 I look forward to your feedback on these proposals. For more information on any of the bills outlined in this section, please contact my office. 

Speaking on the Assembly floor on behalf of legislation I authored.

State of Wisconsin Blue Books

My office still has an abundance of 2019-2021 State of Wisconsin Blue Books. If you are interested in obtaining a copy, please click the following link. My staff and I will make it a priority to ensure that your copy arrives in a timely fashion.  

60th District Events

The following are events that will be held this week in the 60th Assembly District. If you have any upcoming events you would like included, please contact my office. 

Night Ski, Snowshoe and Candlelit Hike, January 17, Saukville

Dog Training Class, January 18, Saukville

Port Washington Winter Market, January 18, Port Washington

Port Washington High School Boys Basketball Youth Night, January 17, Port Washington

Tony DeSare at the Cedarburg Performing Arts Center, January 17, Cedarburg

WSSS Presents Claudia Schmidt and Sally Rogers, January 17, Cedarburg

Mindful Movement, January 17, Cedarburg

Stay up to date

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