AB768-ASA1,361,3
1281.99
(2) (a) 1. For water systems that serve a population of more than 10,000
2persons, not less than $10
and not nor more than $1,000 for each day of
each 3violation, but not more than $25,000
per violation in one order.
AB768-ASA1,361,116
292.15
(2) (a) (intro.) Except as provided in sub. (6)
or (7), a voluntary party is
7exempt from the provisions of ss. 289.05 (1), (2), (3) and (4), 289.42 (1), 289.67, 291.25
8(1) to (5), 291.29, 291.37, 292.11 (3), (4) and (7) (b) and (c) and 292.31 (8), and rules
9promulgated under those provisions, with respect to the existence of a hazardous
10substance on the property, if all of the following occur at any time before or after the
11date of acquisition:
AB768-ASA1,361,1914
292.15
(4) Limited responsibility. (intro.) The responsibility of a voluntary
15party under sub. (2) (a) 2. may be monetarily limited by agreement between the
16voluntary party and the department if the voluntary party purchased the property
17from a
municipality local governmental unit that acquired the property in a way
18described in s. 292.11 (9) (e) 1m. a.
or, b.
, c. or d. The agreement shall stipulate all
19of the following:
AB768-ASA1,361,2522
292.15
(7) (c) Any hazardous waste disposal facility that has been issued a
23license under s. 144.441 (2), 1995 stats., or s. 289.41 (1m), or rules promulgated
24under those sections, for a period of long-term care following closure of the facility
25if the license was issued on or before October 14, 1997.
AB768-ASA1,362,83
292.55
(2) The department may assess and collect fees from a person to offset
4the costs of providing assistance under sub. (1)
, except that the department may not
5assess or collect a fee for providing assistance related to s. 101.143. The department
6shall promulgate rules for the assessment and collection of fees under this
7subsection. Fees collected under this subsection shall be credited to the
8appropriation account under s. 20.370 (2) (dh).
AB768-ASA1,362,16
12299.07 License denial, nonrenewal and revocation based on tax
13delinquency. (1) (a) The department shall require each applicant to provide the
14department with the applicant's social security number, if the applicant is an
15individual, or the applicant's federal employer identification number, if the applicant
16is not an individual, as a condition of issuing or renewing any of the following:
AB768-ASA1,362,1717
1. A registration under s. 280.15.
AB768-ASA1,362,1818
2. A certification under s. 281.17 (3).
AB768-ASA1,362,1919
3. A license or certification under s. 281.48 (3).
AB768-ASA1,362,2020
4. A certification under s. 285.51 (2).
AB768-ASA1,362,2121
4m. A certification under s. 285.59 (5).
AB768-ASA1,362,2222
5. A certification under s. 289.42 (1).
AB768-ASA1,362,2323
6. A license under s. 291.23.
AB768-ASA1,362,2424
7. A license under s. 293.21.
AB768-ASA1,362,2525
8. A license under s. 293.25 (2).
AB768-ASA1,363,1
110. A license under s. 295.33.
AB768-ASA1,363,22
11. A certification or registration under s. 299.11.
AB768-ASA1,363,33
12. A license under s. 299.51 (3) (c).
AB768-ASA1,363,54
(b) The department may not disclose any information received under par. (a)
5to any person except as follows:
AB768-ASA1,363,76
1. To the department of revenue for the purpose of requesting certifications
7under s. 73.0301.
AB768-ASA1,363,108
2. If the department is required to obtain the information under s. 299.08 (1)
9(a), to the department of industry, labor and job development in accordance with a
10memorandum of understanding under s. 49.857.
AB768-ASA1,363,15
11(2) The department shall deny an application for the issuance or renewal of a
12license, registration or certification specified in sub. (1) (a), or shall revoke a license,
13registration or certification specified in sub. (1) (a), if the department of revenue
14certifies under s. 73.0301 that the applicant or holder of the license, registration or
15certification is liable for delinquent taxes.
AB768-ASA1, s. 489c
16Section 489c. 299.08 (1) (b) of the statutes, as created by 1997 Wisconsin Act
17.... (Senate Bill 494), is repealed and recreated to read:
AB768-ASA1,363,1918
299.08
(1) (b) The department may not disclose any information received under
19par. (a) to any person except as follows:
AB768-ASA1,363,2120
1. To the department of industry, labor and job development in accordance with
21a memorandum of understanding under s. 49.857.
AB768-ASA1,363,2422
2. If the department is required to obtain the information under s. 299.07 (1)
23(a), to the department of revenue for the purpose of requesting certifications under
24s. 73.0301.
AB768-ASA1,364,6
1301.03
(14) Upon request of the department of revenue, disclose information
2to the department of revenue concerning a prisoner, probationer or parolee or a
3person registered under s. 301.45 for the purposes of locating persons, or the assets
4of persons, who have failed to file tax returns, who have underreported their taxable
5income or who are delinquent taxpayers, identifying fraudulent tax returns or
6providing information for tax-related prosecutions.
AB768-ASA1,364,158
301.03
(18) (a) Except as provided in s. 301.12 (14) (b) and (c), establish a
9uniform system of fees for juvenile delinquency-related services provided or
10purchased by the department or a county department under s. 46.215, 46.22 or 46.23,
11except for services provided to courts; outreach, information and referral services; or
12when, as determined by the department, a fee is administratively unfeasible or
13would significantly prevent accomplishing the purpose of the service. A county
14department under s. 46.215, 46.22 or 46.23 shall apply the fees that it collects under
15this program to cover the cost of those services.
AB768-ASA1,364,2316
(b) Except as provided in s. 301.12 (14) (b) and (c), hold liable for the services
17provided or purchased under par. (a) in the amount of the fee established under par.
18(a) any person receiving those services or the spouse of the person and, in the case
19of a minor, the parents of the person, and, in the case of a foreign child described in
20s. 48.839 (1) who became dependent on public funds for his or her primary support
21before an order granting his or her adoption, the resident of this state appointed
22guardian of the child by a foreign court who brought the child into this state for the
23purpose of adoption.
AB768-ASA1,365,324
(c) Make collections from the person who in the opinion of the department is
25best able to pay, giving due regard to the present needs of the person or of his or her
1lawful dependents. The department may bring action in the name of the department
2to enforce the liability established under par. (b). This paragraph does not apply to
3the recovery of fees for the care and services specified under s. 301.12.
AB768-ASA1,365,84
(d) Compromise or waive all or part of the liability for services received as the
5department considers necessary to efficiently administer this subsection, subject to
6such conditions as the department considers appropriate. The sworn statement of
7the collection and deportation counsel appointed under s. 301.12 (7) or the secretary,
8shall be evidence of the services provided and the fees charged for those services.
AB768-ASA1,365,129
(e) Delegate to county departments under s. 46.215, 46.22 or 46.23 and other
10providers of care and services the powers and duties vested in the department by
11pars. (c) and (d) as the department considers necessary to efficiently administer this
12subsection, subject to such conditions as the department considers appropriate.
AB768-ASA1,365,1513
(g) Return to county departments under s. 46.215, 46.22 or 46.23 50% of
14collections made by the department for delinquent accounts previously delegated
15under par. (e) and then referred back to the department for collections.
AB768-ASA1,365,2017
301.08
(2) (d) 5. Charge a uniform schedule of fees established under s.
46.03 18301.03 (18) unless waived by the purchaser with approval of the department.
19Whenever providers recover funds attributed to the client, the funds shall offset the
20amount paid under the contract.
AB768-ASA1, s. 494
21Section
494. 301.12 of the statutes is repealed and recreated to read:
AB768-ASA1,366,2
22301.12 Cost of care and maintenance, liability; collection and
23deportation counsel; collections; court actions; recovery. (1) Liability and
24the collection and enforcement of such liability for the care, maintenance, services
25and supplies specified in this section is governed exclusively by this section, except
1in cases of child support ordered by a court under s. 938.183 (4), 938.355 (2) (b) 4.,
2938.357 (5m) or 938.363 (2) or ch. 767.
AB768-ASA1,366,23
3(2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including
4but not limited to a person placed under s. 48.366, 938.183, 938.34 (4h) or (4m) or
5938.357 (4) or (5) (e), receiving care, maintenance, services and supplies provided by
6any institution in this state operated or contracted for by the department, in which
7the state is chargeable with all or part of the person's care, maintenance, services and
8supplies, and the person's property and estate, including the homestead, and the
9spouse of the person, and the spouse's property and estate, including the homestead,
10and, in the case of a minor child, the parents of the person, and their property and
11estates, including their homestead, and, in the case of a foreign child described in s.
1248.839 (1) who became dependent on public funds for his or her primary support
13before an order granting his or her adoption, the resident of this state appointed
14guardian of the child by a foreign court who brought the child into this state for the
15purpose of adoption, and his or her property and estate, including his or her
16homestead, shall be liable for the cost of the care, maintenance, services and supplies
17in accordance with the fee schedule established by the department under s. 301.03
18(18). If a spouse, widow or minor, or an incapacitated person may be lawfully
19dependent upon the property for their support, the court shall release all or such part
20of the property and estate from the charges that may be necessary to provide for those
21persons. The department shall make every reasonable effort to notify the liable
22persons as soon as possible after the beginning of the maintenance, but the notice or
23the receipt of the notice is not a condition of liability.
AB768-ASA1,367,3
1(2m) The liability specified in sub. (2) shall not apply to persons 17 and older
2receiving care, maintenance, services and supplies provided by prisons named in s.
3302.01.
AB768-ASA1,367,9
4(3) After investigation of the liable persons' ability to pay, the department shall
5make collection from the person who in the opinion of the department under all of
6the circumstances is best able to pay, giving due regard to relationship and the
7present needs of the person or of the lawful dependents. However, the liability of
8relatives for maintenance shall be in the following order: first, the spouse of the
9resident; then, in the case of a minor, the parent or parents.
AB768-ASA1,367,15
10(4) (a) If a person liable under sub. (2) fails to make payment or enter into or
11comply with an agreement for payment, the department may bring an action to
12enforce the liability or may issue an order to compel payment of the liability. Any
13person aggrieved by an order issued by the department under this paragraph may
14appeal the order as a contested case under ch. 227 by filing with the department a
15request for a hearing within 30 days after the date of the order.
AB768-ASA1,367,2016
(b) If judgment is rendered in an action brought under par. (a) for any balance
17that is 90 or more days past due, interest at the rate of 12% per year shall be
18computed by the clerk and added to the liable person's costs. That interest shall
19begin on the date on which payment was due and shall end on the day before the date
20of any interest that is computed under s. 814.04 (4).
AB768-ASA1,367,2421
(c) If the department issues an order to compel payment under par. (a), interest
22at the rate of 12% per year shall be computed by the department and added at the
23time of payment to the person's liability. That interest shall begin on the date on
24which payment was due and shall end on the day before the date of final payment.
AB768-ASA1,368,9
1(5) If any person named in an order to compel payment issued under sub. (4)
2(a) fails to pay the department any amount due under the terms of the order and no
3contested case to review the order is pending and the time for filing for a contested
4case review has expired, the department may present a certified copy of the order to
5the circuit court for any county. The circuit court shall, without notice, render
6judgment in accordance with the order. A judgment rendered under this subsection
7shall have the same effect and shall be entered in the judgment and lien docket and
8may be enforced in the same manner as if the judgment had been rendered in an
9action tried and determined by the circuit court.
AB768-ASA1,368,12
10(6) The sworn statement of the collection and deportation counsel, or of the
11secretary, shall be evidence of the fee and of the care and services received by the
12resident.
AB768-ASA1,368,22
13(7) The department shall administer and enforce this section. The department
14shall appoint an attorney to be designated "collection and deportation counsel" and
15other necessary assistants. The department may delegate to the collection and
16deportation counsel such other powers and duties as the department considers
17advisable. The collection and deportation counsel or any of the assistants may
18administer oaths, take affidavits and testimony, examine public records, subpoena
19witnesses and the production of books, papers, records, and documents material to
20any matter of proceeding relating to payments for the cost of maintenance. The
21department shall encourage agreements or settlements with the liable person,
22having due regard to ability to pay and the present needs of lawful dependents.
AB768-ASA1,368,23
23(8) The department may do any of the following:
AB768-ASA1,369,3
1(a) Appear for the state in any collection and deportation matter arising in the
2several courts, and may commence suit in the name of the department to recover the
3cost of maintenance against the person liable for that cost.
AB768-ASA1,369,74
(b) Determine whether any residents are subject to deportation; and on behalf
5of this state enter into reciprocal agreements with other states for deportation and
6importation of persons who are public charges, upon such terms as will protect the
7state's interests and promote mutually amicable relations with other states.
AB768-ASA1,369,128
(c) From time to time investigate the financial condition and needs of persons
9liable under sub. (2), their ability to presently maintain themselves, the persons
10legally dependent upon them for support, the protection of the property and
11investments from which they derive their living and their care and protection, for the
12purpose of ascertaining the person's ability to make payment in whole or in part.
AB768-ASA1,369,1713
(d) After due regard to the case and to a spouse and minor children who are
14lawfully dependent on the property for support, compromise or waive any portion of
15any claim of the state or county for which a person specified under sub. (2) is liable,
16but not any claim payable by an insurer under s. 632.89 (2) or (2m) or by any other
173rd party.
AB768-ASA1,369,2018
(e) Make an agreement with a person who is liable under sub. (2), or who may
19be willing to assume the cost of maintenance of any resident, providing for the
20payment of such costs at a specified rate or amount.
AB768-ASA1,369,2221
(f) Make adjustment and settlement with the several counties for their proper
22share of all moneys collected.
AB768-ASA1,369,2523
(i) Pay quarterly from the appropriation account under s. 20.410 (3) (gg) the
24collection moneys due county departments under ss. 46.215, 46.22 and 46.23.
25Payments shall be made as soon after the close of each quarter as is practicable.
AB768-ASA1,370,10
1(9) Any person who wilfully testifies falsely as to any material matter in an
2investigation or proceeding under this section shall be guilty of perjury. Banks,
3employers, insurers, savings banks, savings and loan associations, brokers and
4fiduciaries, upon request of the department, shall furnish in writing and duly
5certified, full information regarding the property, earnings or income or any funds
6deposited to the credit of or owing to any person liable under sub. (2). Such a certified
7statement shall be admissible in evidence in any action or proceeding to compel
8payment under this section, and shall be evidence of the facts stated in the certified
9statement, if a copy of the certified statement is served upon the party sought to be
10charged not less than 3 days before the hearing.
AB768-ASA1,370,13
11(10) The department shall make all reasonable and proper efforts to collect all
12claims for maintenance, to keep payments current, and to periodically review all
13unpaid claims.
AB768-ASA1,370,15
14(11) (a) Except as provided in par. (b), in any action to recover from a person
15liable under this section, the statute of limitations may be pleaded in defense.
AB768-ASA1,370,1816
(b) If a person who is liable under this section is deceased, a claim may be filed
17against the decedent's estate and the statute of limitations specified in s. 859.02 shall
18be exclusively applicable.
AB768-ASA1,371,4
19(14) (a) Except as provided in pars. (b) and (c), liability of a person specified in
20sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age
21in residential, nonmedical facilities such as group homes, foster homes, treatment
22foster homes, child caring institutions and juvenile correctional institutions is
23determined in accordance with the cost-based fee established under s. 301.03 (18).
24The department shall bill the liable person up to any amount of liability not paid by
25an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules
1which include formulas governing ability to pay promulgated by the department
2under s. 301.03 (18). Any liability of the resident not payable by any other person
3terminates when the resident reaches age 17, unless the liable person has prevented
4payment by any act or omission.
AB768-ASA1,371,125
(b) Except as provided in par. (c) and subject to par. (cm), liability of a parent
6specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's
7minor child who has been placed by a court order under s. 938.183, 938.355 or
8938.357 in a residential, nonmedical facility such as a group home, foster home,
9treatment foster home, child caring institution or juvenile correctional institution
10shall be determined by the court by using the percentage standard established by the
11department of workforce development under s. 49.22 (9) and by applying the
12percentage standard in the manner established by the department under par. (g).
AB768-ASA1,371,1613
(c) Upon request by a parent, the court may modify the amount of child support
14payments determined under par. (b), subject to par. (cm), if, after considering the
15following factors, the court finds by the greater weight of the credible evidence that
16the use of the percentage standard is unfair to the child or to either of the parents:
AB768-ASA1,371,1717
1. The needs of the child.
AB768-ASA1,371,1918
2. The physical, mental and emotional health needs of the child, including any
19costs for the child's health insurance provided by a parent.
AB768-ASA1,371,2220
3. The standard of living and circumstances of the parents, including the needs
21of each parent to support himself or herself at a level equal to or greater than that
22established under
42 USC 9902 (2).
AB768-ASA1,371,2323
4. The financial resources of the parents.
AB768-ASA1,372,3
15. The earning capacity of each parent, based on each parent's education,
2training and work experience and based on the availability of work in or near the
3parent's community.
AB768-ASA1,372,44
6. The need and capacity of the child for education, including higher education.
AB768-ASA1,372,55
7. The age of the child.
AB768-ASA1,372,66
8. The financial resources and the earning ability of the child.
AB768-ASA1,372,87
9. The needs of any person, including dependent children other than the child,
8whom either parent is legally obligated to support.
AB768-ASA1,372,109
10. The best interests of the child, including, but not limited to, the importance
10of a placement that will promote the objectives specified in s. 938.01.
AB768-ASA1,372,1111
11. Any other factors that the court in each case determines are relevant.
AB768-ASA1,372,1612
(cm) 1. Except as provided in subd. 2., if a parent who is required to pay child
13support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the
14child for whom support is ordered, the amount of the child support payments
15determined under par. (b) or (c) may not exceed the amount of the adoption assistance
16payments.
AB768-ASA1,372,2017
2. Subdivision 1. does not apply if, after considering the factors under par. (c)
181. to 11., the court finds by the greater weight of the credible evidence that limiting
19the amount of the child support payments to the amount of the adoption assistance
20payments is unfair to the child or to either of the parents.
AB768-ASA1,373,221
(d) If the court finds under par. (c) that use of the percentage standard is unfair
22to the minor child or either of the parents, the court shall state in writing or on the
23record the amount of support that would be required by using the percentage
24standard, the amount by which the court's order deviates from that amount, the
25court's reasons for finding that use of the percentage standard is unfair to the child
1or the parent, the court's reasons for the amount of the modification and the basis for
2the modification.
AB768-ASA1,373,103
(e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or
4938.363 (2) for support determined under this subsection constitutes an assignment
5of all commissions, earnings, salaries, wages, pension benefits, benefits under ch.
6102 or 108 and other money due or to be due in the future to the county department
7under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the
8department, depending upon the placement of the child as specified by rules
9promulgated under subd. 5. The assignment shall be for an amount sufficient to
10ensure payment under the order.
AB768-ASA1,373,1411
2. Except as provided in subd. 3., for each payment made under the assignment,
12the person from whom the payer under the order receives money shall receive an
13amount equal to the person's necessary disbursements, not to exceed $3, which shall
14be deducted from the money to be paid to the payer.
AB768-ASA1,373,1915
3. Benefits under ch. 108 may be assigned and withheld only in the manner
16provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for
17an amount certain. When money is to be withheld from these benefits, no fee may
18be deducted from the amount withheld and no fine may be levied for failure to
19withhold the money.
AB768-ASA1,374,320
4. No employer may use an assignment under this paragraph as a basis for the
21denial of employment to a person, the discharge of an employe or any disciplinary
22action against an employe. An employer who denies employment or discharges or
23disciplines an employe in violation of this subdivision may be fined not more than
24$500 and may be required to make full restitution to the aggrieved person, including
25reinstatement and back pay. Except as provided in this subdivision, restitution shall
1be in accordance with s. 973.20. An aggrieved person may apply to the district
2attorney or to the department of workforce development for enforcement of this
3subdivision.
AB768-ASA1,374,54
5. The department shall promulgate rules for the operation and
5implementation of assignments under this paragraph.
AB768-ASA1,374,116
(f) If the amount of the child support determined under this subsection is
7greater than the cost for the care and maintenance of the minor child in the
8residential, nonmedical facility, the assignee under par. (e) 1. shall expend or
9otherwise dispose of any funds that are collected in excess of the cost of such care and
10maintenance in a manner that the assignee determines will serve the best interests
11of the minor child.