SB494-SSA2,230,2222 3. Third, to payment of interest accruing on unpaid child support.
SB494-SSA2,231,2 23(5) Voiding determination. (a) A determination of paternity that arises under
24this section may be voided at any time upon a motion or petition stating facts that
25show fraud, duress or a mistake of fact. Except for good cause shown, any orders

1entered under sub. (4) shall remain in effect during the pendency of a proceeding
2under this paragraph.
SB494-SSA2,231,83 (b) If a court in a proceeding under par. (a) determines that the man is not the
4father of the child, the court shall vacate any order entered under sub. (4) with
5respect to the man. The court shall notify the state registrar, in the manner provided
6in s. 69.15 (1) (b), to remove the man's name as the father of the child from the child's
7birth certificate. No paternity action may thereafter be brought against the man
8with respect to the child.
SB494-SSA2,231,10 9(6) Applicability. (a) This section does not apply unless all of the following
10apply to the statement acknowledging paternity:
SB494-SSA2,231,1211 1. The statement is made on a form prescribed by the state registrar for use
12beginning on April 1, 1998.
SB494-SSA2,231,1313 2. The statement was signed and filed on or after April 1, 1998.
SB494-SSA2,231,1714 3. The statement contains an attestation clause showing that both parties,
15before signing the statement, received oral and written notice of the legal
16consequences of, the rights and responsibilities arising from and the alternatives to,
17signing the statement.
SB494-SSA2,231,2118 (b) Parties who signed and filed a statement acknowledging paternity before
19April 1, 1998, may sign and file a new statement that fulfills the requirements under
20par. (a). Such a statement supersedes any statement previously filed with the state
21registrar and has the effects specified in this section.
SB494-SSA2,231,2422 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this section
23beginning with forms for the acknowledgment of paternity that are prescribed by the
24state registrar on April 1, 1998.
SB494-SSA2, s. 489
1Section 489 . 767.62 (4) (b) 3. a. of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is repealed and recreated to read:
SB494-SSA2,232,163 767.62 (4) (b) 3. a. In directing the manner of payment of a child's health care
4expenses, the court or family court commissioner may order that payment, including
5payment for health insurance premiums, be withheld from income and sent to the
6appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or
7sent to the department or its designee, whichever is appropriate, for disbursement
8to the person for whom the payment has been awarded if that person is not a health
9care insurer, provider or plan. If the court or family court commissioner orders
10income withholding and assignment for the payment of health care expenses, the
11court or family court commissioner shall send notice of assignment in the manner
12provided under s. 767.265 (2r) and may include that notice of assignment with a
13notice of assignment under s. 767.265. The department or its designee, whichever
14is appropriate, shall keep a record of all moneys received and disbursed by the
15department or its designee for health care expenses that are directed to be paid to
16the department or its designee.
SB494-SSA2, s. 490 17Section 490 . 767.62 (4) (g) (intro.) of the statutes, as affected by 1997
18Wisconsin Act .... (this act), is repealed and recreated to read:
SB494-SSA2,233,219 767.62 (4) (g) (intro.) A party ordered to pay child support under this subsection
20shall pay simple interest at the rate of 1.5% per month on any amount in arrears that
21is equal to or greater than the amount of child support due in one month. If the party
22no longer has a current obligation to pay child support, interest at the rate of 1.5%
23per month shall accrue on the total amount of child support in arrears, if any.
24Interest under this paragraph is in lieu of interest computed under s. 807.01 (4),
25814.04 (4) or 815.05 (8) and is paid to the department or its designee under s. 767.29.

1Except as provided in s. 767.29 (1m), the department or its designee, whichever is
2appropriate, shall apply all payments received for child support as follows:
SB494-SSA2, s. 491 3Section 491. 802.12 (3) (d) 1. of the statutes is amended to read:
SB494-SSA2,233,54 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
5767.51 (3) or 767.62 (4) (a)
.
SB494-SSA2, s. 492 6Section 492. 802.12 (3) (d) 3. of the statutes is amended to read:
SB494-SSA2,233,87 802.12 (3) (d) 3. Child support under s. 767.25 or s., 767.458 (3), 767.51 or
8767.62 (4) (a)
.
SB494-SSA2, s. 493 9Section 493. 808.075 (4) (d) 9. of the statutes is amended to read:
SB494-SSA2,233,1110 808.075 (4) (d) 9. Enforcement of payments under s. 767.30 or, 767.51 or 767.62
11(4)
.
SB494-SSA2, s. 494 12Section 494. 808.075 (4) (d) 10. of the statutes is amended to read:
SB494-SSA2,233,1413 808.075 (4) (d) 10. Enforcement of orders under s. 767.305 or, 767.51 or 767.62
14(4)
.
SB494-SSA2, s. 495 15Section 495. 808.075 (4) (d) 11. of the statutes is amended to read:
SB494-SSA2,233,1716 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25
17(4m), 767.265 or, 767.51 (3m) or 767.62 (4) (b) 3.
SB494-SSA2, s. 496 18Section 496. 852.05 (2) of the statutes is amended to read:
SB494-SSA2,233,2419 852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01
20except that the father or the father's kindred can inherit only if the father has been
21adjudicated to be the father in a paternity proceeding under ch. 767 or by final order
22or judgment of a court of competent jurisdiction in another state or has been
23determined to be the father under s. 767.62 (1) or a substantially similar law of
24another state
.
SB494-SSA2, s. 497 25Section 497. 885.01 (5) of the statutes is created to read:
SB494-SSA2,234,3
1885.01 (5) By the department of workforce development or a county child
2support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22,
349.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.
SB494-SSA2, s. 498 4Section 498. 891.39 (1) (a) of the statutes is amended to read:
SB494-SSA2,234,175 891.39 (1) (a) Whenever it is established in an action or proceeding that a child
6was born to a woman while she was the lawful wife of a specified man, any party
7asserting in such action or proceeding that the husband was not the father of the
8child shall have the burden of proving that assertion by a clear and satisfactory
9preponderance of the evidence. In all such actions or proceedings the husband and
10the wife are competent to testify as witnesses to the facts. The court or judge in such
11cases shall appoint a guardian ad litem to appear for and represent the child whose
12paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m),
13showing that a man other than the husband is not excluded as the father of the child
14and that the statistical probability of the man's parentage is 99.0% or higher
15constitute a clear and satisfactory preponderance of the evidence of the assertion
16under this paragraph, even if the husband is unavailable to submit to genetic tests,
17as defined in s. 767.001 (1m).
SB494-SSA2, s. 499 18Section 499. 891.405 of the statutes is amended to read:
SB494-SSA2,234,22 19891.405 Presumption of paternity based on acknowledgment. A man
20is presumed to be the natural father of a child if he and the mother have
21acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed
22to be the father under s. 891.41 (1).
SB494-SSA2, s. 500 23Section 500. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1)
24(b), as renumbered, is amended to read:
SB494-SSA2,235,5
1891.41 (1) (b) He and the child's natural mother were married to each other
2after the child was born but he and the child's natural mother had a relationship with
3one another during the period of time within which the child was conceived and no
4other man has been adjudicated to be the father or presumed to be the father of the
5child under sub. (1) par. (a).
SB494-SSA2, s. 501 6Section 501. 891.41 (2) of the statutes is created to read:
SB494-SSA2,235,127 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is
8rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
9man other than the man presumed to be the father under sub. (1) is not excluded as
10the father of the child and that the statistical probability of the man's parentage is
1199.0% or higher, even if the man presumed to be the father under sub. (1) is
12unavailable to submit to genetic tests, as defined in s. 767.001 (1m).
SB494-SSA2, s. 502 13Section 502. 895.48 (title) of the statutes is amended to read:
SB494-SSA2,235,16 14895.48 (title) Civil liability exemption; emergency care, health care at
15athletic events
and health care, hazardous substances and information
16concerning paternity
.
SB494-SSA2, s. 503 17Section 503. 895.48 (3) of the statutes is created to read:
SB494-SSA2,236,218 895.48 (3) Any member of the staff of a hospital who is designated by the
19hospital and trained by the department of workforce development under s. 69.14 (1)
20(cm) and who in good faith provides to a child's available parents written information
21that is provided by the department of workforce development and oral information
22or an audio or video presentation about the form that is prescribed by the state
23registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and
24alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm),

1is immune from civil liability for his or her acts or omissions in providing that oral
2information or audio or video presentation and written information.
SB494-SSA2, s. 504 3Section 504. 938.02 (13) of the statutes is amended to read:
SB494-SSA2,236,104 938.02 (13) "Parent" means either a biological parent, a husband who has
5consented to the artificial insemination of his wife under s. 891.40, or a parent by
6adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
7do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged
8in a judicial proceeding
acknowledged under s. 767.62 (1) or a substantially similar
9law of another state or adjudicated
to be the biological father. "Parent" does not
10include any person whose parental rights have been terminated.
SB494-SSA2, s. 505 11Section 505. 948.22 (4) (b) of the statutes, as affected by 1997 Wisconsin Act
1235
, is amended to read:
SB494-SSA2,236,1813 948.22 (4) (b) For a person not subject to a court order requiring child,
14grandchild or spousal support payments, when the person knows or reasonably
15should have known that he or she has a dependent, failure to provide support equal
16to at least the amount established by rule by the department of workforce
17development under s. 49.22 (9) (a) or causing a spouse, grandchild or child to become
18a dependent person, or continue to be a dependent person, as defined in s. 49.01 (2).
SB494-SSA2, s. 506 19Section 506. 977.06 (4) (bm) of the statutes is created to read:
SB494-SSA2,237,320 977.06 (4) (bm) In response to a request for information under s. 49.22 (2m)
21made by the department of workforce development or a county child support agency
22under s. 59.53 (5), the state public defender shall provide the name and address of
23an individual, the name and address of the individual's employer and financial
24information related to the individual, if the name, address or financial information
25is included in any statement, affidavit or other information provided by the

1individual regarding financial eligibility under s. 977.07 and if, at the time the
2request for information is made, the individual is represented by the state public
3defender or by counsel assigned under s. 977.08.
SB494-SSA2, s. 507 4Section 507. 977.06 (4) (c) of the statutes is amended to read:
SB494-SSA2,237,85 977.06 (4) (c) Paragraph (b) does Paragraphs (b) and (bm) do not limit the
6authority of the state public defender to release a copy of the a statement, affidavit
7or other information regarding financial eligibility under s. 977.07 under other
8circumstances.
SB494-SSA2, s. 508 9Section 508. Laws of 1937, chapter 201, section 11, as last amended by chapter
10267, laws of 1963
, is amended to read:
SB494-SSA2,238,311 [Laws of 1937, chapter 201] Section 11. All Except as provided in section 49.852
12of the statutes, as created by 1997 Wisconsin Act .... (this act), and subject to section
13767.265 of the statutes, as affected by 1997 Wisconsin Act .... (this act), all
moneys
14and assets of the retirement system and all benefits and allowances, and every
15portion thereof, both before and after payment to any beneficiary, granted under the
16retirement system shall be exempt from any state, county or municipal tax, and from
17attachment or garnishment process, and shall not be seized, taken, detained or
18levied upon by virtue of any executions, or any process or proceeding whatsoever
19issued out of or by any court of this state, for the payment and ratification in whole
20or in part of any debt, claim, damage, demand or judgment against any member of
21or beneficiary under the retirement system, and no member of or beneficiary under
22the retirement system shall have any right to assign his benefit or allowance, or any
23part thereof, either by way of mortgage or otherwise, provided, however, that the
24annuity and pension board may at its option and under rules and regulations
25promulgated by it permit retired members to assign a portion of their retirement

1allowance for the regular monthly payment of medical, surgical and hospital care.
2The exemption from taxation contained herein shall not apply with respect to any
3tax on income.
SB494-SSA2, s. 509 4Section 509. Laws of 1937, chapter 201, section 21b is created to read:
SB494-SSA2,238,75 [Laws of 1937, chapter 201] Section 21b. Notwithstanding Section 21, no
6county may enact an ordinance that prevents a retirement system from complying
7with section 49.852 of the statutes, as created by 1997 Wisconsin Act .... (this act).
SB494-SSA2, s. 510 8Section 510. 1997 Wisconsin Act 27, section 631 is repealed.
SB494-SSA2, s. 511 9Section 511. 1997 Wisconsin Act 27, section 639b is repealed.
SB494-SSA2, s. 512 10Section 512. 1997 Wisconsin Act 27, section 833 is repealed.
SB494-SSA2, s. 513 11Section 513. 1997 Wisconsin Act 27, section 909b is repealed.
SB494-SSA2, s. 514 12Section 514. 1997 Wisconsin Act 27, section 9426 (8) is amended to read:
SB494-SSA2,239,313[1997 Wisconsin Act 27] Section 9426 (8) Centralized receipt and
14disbursement of support and maintenance.
The treatment of sections 20.445 (3) (a),
15(ja), (k), and (q) and (r), 20.855 (7) (j), 25.17 (1) (tm), 25.68, 49.24 (1) (by Section
161882n), 49.855 (1), (2), (3) (by Section 1992m), (4), (4m) (b) (by Section 1995m) and
17(c) and (5), 565.30 (5), 767.001 (7), 767.025 (3) and (4), 767.25 (4m) (c) 1. and (6)
18(intro.) and (a), 767.261 (intro.) and (1), 767.262 (4) (b), 767.263, 767.265 (1), (2r),
19(3h), (6) (a) and (b) and (7), 767.267 (1), (2) and (5), 767.29 (1m) (intro.) and (d) and
20(2), 767.32 (1r), 767.51 (3m) (c) 1. and (5p) (intro.) and (a), 769.319 and 814.61 (12)
21(cm) of the statutes, the repeal of sections 20.445 (3) (g), 59.40 (2) (h), 59.53 (5m),
22814.61 (12) (b) and 814.612 of the statutes, the renumbering and amendment of
23sections 59.53 (5) and 767.29 (1) of the statutes, the amendment of section 49.175 (1)
24(intro.) of the statutes, the creation of sections 59.53 (5) (b) and 767.29 (1) (b), (d) and
25(f) of the statutes and Section 9226 (1) of this act take effect on the date stated in the

1notice published by the department of workforce development in the Wisconsin
2Administrative Register under section 767.29 (1) (f) of the statutes, as created by this
3act, or on October 1, 1999, whichever is earlier.
SB494-SSA2, s. 9145 4Section 9145. Nonstatutory provisions; supreme court.
SB494-SSA2,239,85 (1) State bar membership; failure to pay support or provide social security
6number.
The supreme court is requested to promulgate rules under section 751.15
7of the statutes, as created by this act, so that those rules are effective beginning on
8April 1, 1998, or on the effective date of this subsection, whichever is later.
SB494-SSA2, s. 9155 9Section 9155. Nonstatutory provisions; workforce development.
SB494-SSA2,239,1410 (1) Financial record matching program. The department of workforce
11development shall submit in proposed form the rules required under section 49.853
12of the statutes, as created by this act, to the legislative council staff under section
13227.15 (1) of the statutes no later than the first day of the 13th month beginning after
14the effective date of this subsection.
SB494-SSA2,239,1915 (2) Statewide concern. Notwithstanding chapter 201, laws of 1937, section 21,
16as created by chapter 405, laws of 1965, the treatment of section 49.852 of the
17statutes and chapter 201, laws of 1937, sections 11 and 21b, is a matter of statewide
18concern and is not a matter of local affair or government, whether a retirement
19system is affected or otherwise.
SB494-SSA2,239,2520 (3) General rules; support enforcement program. The department of
21workforce development shall submit in proposed form the rules required under
22section 49.858 (2) of the statutes, as created by this act, and section 767.027 (2) of the
23statutes, as created by this act, to the legislative council staff under section 227.15
24(1) of the statutes no later than the first day of the 4th month beginning after the
25effective date of this subsection.
SB494-SSA2, s. 9156
1Section 9156. Nonstatutory provisions; other.
SB494-SSA2,240,72 (1) Lac du Flambeau approvals; failure to pay support or provide social
3security number.
The Lac du Flambeau band of the Lake Superior Chippewa is
4requested to enact tribal laws or ordinances under section 29.138 (5m) of the
5statutes, as created by this act, so that those laws or ordinances are effective
6beginning on April 1, 1998, or on the effective date of this subsection, whichever is
7later.
SB494-SSA2, s. 9301 8Section 9301. Initial applicability; administration.
SB494-SSA2,240,179 (1) License denial, restriction, limitation and suspension. The treatment of
10sections 218.11 (2) (a) and (am), (6m) and (7) (a) and 218.12 (2) (a) and (am), (3m) and
11(5) of the statutes (with respect to information required on applications and with
12respect to the denial of applications) first applies to license applications received by
13the department of administration on the effective date of this subsection and the
14treatment of sections 218.11 (6m) and (7) (a) and (b) and 218.12 (3m) and (5) of the
15statutes (with respect to denying, restricting, limiting or suspending a license for
16failure to comply with a subpoena or warrant) first applies to failures to comply with
17subpoenas or warrants that are issued on the effective date of this subsection.
SB494-SSA2,240,2018 (2) Gaming licenses. The treatment of section 562.05 (1c) and (7) (am) of the
19statutes first applies to applications for licenses that are received by the department
20of administration under that section on the effective date of this subsection.
SB494-SSA2, s. 9304 21Section 9304. Initial applicability; agriculture, trade and consumer
protection.
SB494-SSA2,241,622 (1) License denial for failure to pay support. The treatment of sections 93.06
23(8), 93.11 (1), 93.135, 93.35 (10), 94.65 (3) (c) 1., 94.66 (8), 95.72 (2) (c) 5. and 99.02
24(1) of the statutes (with respect to information required on applications and with

1respect to the denial of applications) first applies to applications for initial or renewal
2licenses, registrations or registration certificates that are received on the effective
3date of this subsection and (with respect to denial of or refusal to renew a license,
4registration or registration certificates for failure to comply with a subpoena or
5warrant) first applies to failures to comply with subpoenas or warrants that are
6issued on the effective date of this subsection.
SB494-SSA2, s. 9310 7Section 9310. Initial applicability; commerce.
SB494-SSA2,241,168 (1) License denial, restriction and suspension. The treatment of section
9101.02 (21) (b) and (c) (with respect to information required on applications and with
10respect to refusal to issue or renew a license for failure to pay support) of the statutes
11first applies to applications for licenses or license renewals that are received on the
12effective date of this subsection and the treatment of section 101.02 (21) (c) and (d)
13of the statutes (with respect to refusal to issue or renew a license and with respect
14to license restriction or suspension for failure to comply with a subpoena or warrant)
15first applies to failures to comply with subpoenas or warrants that are issued on the
16effective date of this subsection.
SB494-SSA2, s. 9311 17Section 9311. Initial applicability; corrections.
SB494-SSA2,242,218 (1) License withholding, suspension or restriction for failure to pay child
19support or comply with a subpoena or warrant.
The treatment of section 48.715 (6)
20of the statutes and the repeal and recreation of section 48.66 (1) (with respect to
21denial of or refusal to renew a license for failure to pay expenses related to the
22support of a child or former spouse) of the statutes first apply to applications received
23by the department of corrections on the effective date of this subsection and (with
24respect to denial of or refusal to renew a license for failure to comply with a subpoena

1or warrant) first apply to failures to comply with subpoenas or warrants that are
2issued on the effective date of this subsection.
SB494-SSA2,242,53 (2) Social security number on license applications. The treatment of section
448.66 (2m) of the statutes first applies to applications received by the department of
5corrections on the effective date of this subsection.
SB494-SSA2, s. 9318 6Section 9318. Initial applicability; ethics board.
SB494-SSA2,242,147 (1) Disclosure of social security numbers; nonissuance, nonacceptance and
8suspension of licenses and registrations for failure to pay support.
The treatment
9of sections 13.63 (1) and 13.64 (2) of the statutes (with respect to information
10required on applications, nonissuance of licenses or nonacceptance of registration
11statements for failure to pay support) and the treatment of sections 13.64 (1) (a) and
1219.55 (2) (d) of the statutes first apply with respect to applications for licensure under
13section 13.63 of the statutes and registration statements filed under section 13.64 of
14the statutes on the effective date of this subsection.
SB494-SSA2,242,2015 (2) Nonissuance of lobbying licenses and nonacceptance of registration
16statements for failure to comply with subpoenas or warrants.
The treatment of
17sections 13.63 (1) and 13.64 (2) (with respect to nonissuance of licenses or
18nonacceptance of registration statements for failure to comply with a subpoena or
19warrant) of the statutes first applies with respect to failures to comply with
20subpoenas or warrants that are issued on the effective date of this subsection.
SB494-SSA2,242,2521 (3) Suspension of lobbying licenses for failure to comply with subpoenas or
22warrants.
The treatment of sections 13.63 (1) and 13.64 (2) (with respect to
23suspension of licenses and registrations for failure to comply with a subpoena or
24warrant) of the statutes fist applies with respect to subpoenas or warrants that are
25issued on the effective date of this subsection.
SB494-SSA2, s. 9319
1Section 9319. Initial applicability; financial institutions.
SB494-SSA2,243,22 (1) Licenses and liability for delinquent support.
SB494-SSA2,243,33 (a) Licensed lenders.
SB494-SSA2,243,7 41. The treatment of section 138.09 (3) (a) and (am) of the statutes, the
5renumbering of section 138.09 (1m) of the statutes and the creation of section 138.09
6(1m) (b) of the statutes first apply to applications for the issuance of a license received
7on the effective date of this subdivision.
SB494-SSA2,243,13 82. The treatment of section 138.09 (3) (a) and (am) of the statutes, the
9renumbering of section 138.09 (1m) and (4) of the statutes and the creation of section
10138.09 (1m) (b) and (4) (b) of the statutes (with respect to denying, restricting or
11suspending a license for failure to comply with a subpoena or warrant) first apply to
12failures to comply with subpoenas or warrants that are issued on the effective date
13of this subdivision.
SB494-SSA2,243,1414 (b) Insurance premium finance companies.
SB494-SSA2,243,18 151. The treatment of section 138.12 (3) (d), (4) (a) and (b) 4. and 6. and (5) (am)
16of the statutes (with respect to information required on applications and with respect
17to the denial of applications) first applies to applications for the issuance or renewal
18of a license received on the effective date of this subdivision.
SB494-SSA2,243,22 192. The treatment of section 138.12 (3) (d), (4) (a) and (b) 4. and 6. and (5) (am)
20of the statutes (with respect to denying, restricting or suspending a license for failure
21to comply with a subpoena or warrant) first applies to failures to comply with
22subpoenas or warrants that are issued on the effective date of this subdivision.
SB494-SSA2,243,2323 (c) Sellers of checks.
SB494-SSA2,244,2 241. The treatment of sections 217.05 (intro.) and (1m) and 217.06 (4) and (6) of
25the statutes and the renumbering of section 217.05 (1) to (4) of the statutes first apply

1to applications for the issuance of a license received on the effective date of this
2subdivision.
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