1997 - 1998 LEGISLATURE
March 10, 1998 - Introduced by Senators Wirch, Darling and Roessler,
cosponsored by Representatives
Huebsch, R. Young and
La Fave. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB494,6,8
1An Act to repeal 440.08 (2g) (title), (a) and (b) and 767.45 (6p);
to renumber
246.251, 103.91 (4), 138.09 (1m), 138.09 (4), 170.12 (8), 217.05 (intro.), 217.05 (1)
3to (4), 218.02 (6), 224.092, 224.093, subchapter II of chapter 224 [precedes
4224.70], 343.64, 343.65, 767.263 and 767.29 (3);
to renumber and amend
549.145 (2) (f) 1., 49.22 (2m), 103.91 (2), 103.92 (1), 105.13, 218.02 (2) (a), 218.04
6(3) (a), 343.61 (2), 343.62 (2), 440.08 (2g) (c), 445.08 (4) (a), 632.68 (3), 632.68
7(5) and 891.41;
to amend 13.63 (1), 13.64 (1) (a), 13.64 (2), 19.36 (7) (b), 19.55
8(2) (intro.), 20.445 (1) (L), 20.921 (2) (a), 29.1085 (3) (c) 1., 29.1085 (3) (c) 2.,
929.134 (3), 29.135 (3), 29.145 (1c) (intro.), 29.33 (2) (d), 29.521 (2) (a), 29.521 (2)
10(c) 1., 29.544 (3), 29.573 (2), 29.574 (3), 29.575 (3), 29.575 (4), 29.578 (4), 29.578
11(5), 29.578 (11), 29.578 (14) (am), 29.578 (14) (b) (intro.), 29.585 (1), 29.585 (3),
1248.02 (13), 48.396 (2) (dm), 48.42 (4) (b) 2., 48.66 (1), 48.66 (2), 48.69, 48.72,
1348.837 (4) (e), 48.91 (2), 49.145 (2) (f) 2., 49.22 (6), 49.25 (3) (a) 8., 49.45 (2) (a)
1411., 49.45 (2) (a) 12., 59.40 (2) (h), 59.53 (5m) (a), 59.53 (5m) (am), 59.53 (5m)
1(b) 1., 59.53 (5m) (b) 2., 66.184, 66.81, 69.14 (1) (cm), 69.17, 69.22 (5) (a) 3., 71.78
2(4) (g), 73.03 (50), 85.24 (4) (b), 85.24 (4) (c), 93.06 (8), 93.11 (1), 93.35 (10), 94.65
3(3) (c) 1., 94.66 (8), 95.72 (2) (c) 5., 99.02 (1), 100.06 (1g) (c), 102.17 (1) (c), 102.27
4(2) (a), 103.005 (10), 103.275 (2) (b) (intro.), 103.275 (7) (b), 103.275 (7) (c),
5103.92 (3), 104.07 (1), 104.07 (2), 108.14 (7) (a), 115.31 (6) (b), 118.19 (10) (f),
6120.13 (2) (e), 120.13 (2) (g), 125.07 (4) (cm), 125.085 (3) (bp), 127.17 (2) (a),
7127.17 (2) (b), 127.17 (2) (c) 1., 127.17 (2) (d), 127.17 (2) (e) 1., 138.09 (3) (a),
8138.12 (4) (a), 146.50 (5) (a), 146.50 (5) (b), 146.50 (5) (g), 146.50 (6) (a) (intro.),
9146.50 (6) (b) 1., 146.50 (6) (c) (intro.), 146.50 (6g) (a), 146.50 (7), 146.50 (8) (a),
10146.50 (8) (b), 146.50 (8) (c), 146.50 (8) (f), 157.62 (2) (c), 165.85 (3) (c), 165.85
11(3) (cm), 165.85 (4) (d), 165.85 (4) (f), 175.35 (2k) (i), 217.09 (4), 218.01 (2) (h) 3.,
12218.02 (9) (a), 218.04 (4) (a), 218.04 (5) (b), 218.04 (9), 218.05 (4) (b), 218.05 (11),
13218.05 (12) (title), 218.05 (13), 218.11 (2) (a), 218.11 (7) (a), 218.11 (7) (b), 218.12
14(2) (a), 218.12 (5), 218.22 (4) (a), 218.22 (4) (b), 218.32 (4) (a), 218.32 (4) (b),
15218.41 (2) (a), 218.41 (4), 218.51 (3) (a), 218.51 (5) (a), 218.51 (5) (b), chapter 224
16(title), 224.72 (5) (a), 224.72 (5) (b) 1., 224.72 (5) (b) 2., 230.13 (1) (intro.), 230.13
17(2), 250.05 (5), 250.05 (6), 250.05 (8), 252.23 (2), 252.23 (4) (a), 252.24 (2), 252.24
18(4) (a), 254.176 (1), 254.176 (3) (intro.), 254.176 (3) (a), 254.178 (1) (b), 254.178
19(2) (intro.), 254.178 (2) (a), 254.178 (4), 254.20 (2) (d), 254.20 (3) (a), 254.20 (3)
20(b), 254.20 (4), 254.20 (6), 254.20 (7), 254.47 (1), 254.47 (2m), 254.47 (3), 254.64
21(1) (c), 254.64 (1p), 254.71 (2), 254.71 (3), 254.71 (6) (c), 255.08 (2), 255.08 (13),
22280.13 (4), 281.48 (3) (a), 281.48 (5) (b), 291.15 (2) (d), 301.45 (7) (a), 302.372 (2)
23(b), 343.14 (3) (b), 343.24 (3), 343.30 (5), 343.50 (8) (b), 343.66 (6), 343.68,
24343.69, 349.19, 440.03 (7), 440.08 (2) (c), 440.08 (4) (a), 440.43 (5), 440.44 (10),
25440.92 (6) (d), 440.93 (2), 442.12 (7), 443.06 (1) (a), 443.10 (2) (a), 445.13 (2),
1446.05 (2), 448.02 (3) (e), 448.05 (7), 449.07 (3), 452.12 (6) (e) (intro.), 454.08 (4),
2459.10 (2) (a) (intro.), 459.34 (2m) (a) (intro.), 480.24 (3) (intro.), 560.15 (4),
3560.15 (5), 565.30 (5m), 601.465 (intro.), 601.59 (6) (e), 628.04 (1) (intro.), 628.04
4(2), 628.09 (1), 628.09 (4), 632.68 (2) (b) (intro.), 632.68 (2) (b) 2., 632.68 (2) (e),
5632.68 (3) (title), 632.68 (4) (b), 632.68 (4) (c), 632.68 (5) (title), 632.68 (8),
6632.897 (10) (a) 3., 633.15 (2) (a) (title), 633.15 (2) (a) 1., 633.15 (2) (a) 2., 633.15
7(2) (a) 3., 633.15 (2) (b) 1. (intro.), 765.09 (2), 765.09 (3), 765.13, 767.027 (2),
8767.045 (1) (c) (intro.), 767.078 (1) (a) 1., 767.078 (2), 767.085 (1) (b), 767.25 (4),
9767.25 (4m) (d) 2., 767.25 (6) (intro.), 767.25 (6) (a), 767.253, 767.254 (2) (intro.),
10767.261 (intro.), 767.261 (1), 767.263 (title), 767.263 (2), 767.265 (1), 767.265
11(2h), 767.265 (2r), 767.265 (3h), 767.265 (3m), 767.265 (4), 767.265 (6) (a),
12767.265 (6) (b), 767.265 (6) (c), 767.27 (2m), 767.29 (1m) (intro.), 767.295 (2) (a)
13(intro.), 767.295 (2) (c), 767.30 (1), 767.303 (1), 767.305, 767.32 (1) (b) 4., 767.32
14(2m), 767.32 (2s), 767.37 (1) (a), 767.45 (1) (intro.), 767.45 (1) (c), 767.45 (1) (k),
15767.45 (5) (b), 767.45 (5m), 767.45 (6m), 767.455 (5g) (form) 2., 767.455 (5g)
16(form) 3., 767.455 (5g) (form) 7., 767.455 (5r) (form) 2., 767.458 (1) (d), 767.458
17(2), 767.458 (3), 767.465 (2) (a), 767.466 (intro.), 767.47 (1) (c), 767.47 (3), 767.47
18(8), 767.475 (2), 767.48 (1) (a), 767.48 (1m), 767.48 (4), 767.48 (5) (a), 767.48 (5)
19(b), 767.51 (1), 767.51 (2), 767.51 (2), 767.51 (3), 767.51 (3m) (d) 2., 767.51 (5p)
20(intro.), 767.51 (5p) (a), 767.52 (2m), 802.12 (3) (d) 1., 802.12 (3) (d) 3., 808.075
21(4) (d) 9., 808.075 (4) (d) 10., 808.075 (4) (d) 11., 815.19 (2), 815.20 (1), 852.05
22(2), 891.39 (1) (a), 891.405, 895.48 (title), 938.02 (13), 938.363 (1), 938.396 (4),
23948.22 (4) (b) and 977.06 (4) (c);
to repeal and recreate 20.445 (3) (k), 20.445
24(3) (r), 25.68, 767.25 (6) (intro.), 767.261 (intro.), 767.263 (1), 767.265 (1),
25767.265 (2r), 767.265 (3h), 767.265 (6) (a), 767.265 (6) (b), 767.29 (1m) (intro.),
1767.51 (5p) (intro.), 767.62, 767.62 (4) (b) 3. a. and 767.62 (4) (g) (intro.);
to
2create 19.55 (2) (d), 20.445 (3) (k), 20.445 (3) (r), 25.17 (1) (tm), 25.68, 29.09
3(11m), 40.08 (1c), 40.08 (1g), 48.66 (2m), 48.715 (6), 49.22 (2m) (b), 49.22 (2m)
4(bc), 49.22 (2m) (c), 49.22 (2m) (d), 49.22 (7g), 49.225, 49.48, 49.852, 49.853,
549.854, 49.856, 49.857, 69.15 (3) (d), 69.15 (3m), 71.78 (4) (q), 73.03 (50m), 77.61
6(5) (b) 11., 93.135, 101.02 (21), 102.17 (1) (cg), 102.17 (1) (cm), 102.33 (2) (b) 5.,
7103.275 (2) (bg), 103.275 (2) (bm), 103.91 (2) (b), 103.91 (4) (b), 103.92 (1) (b),
8103.92 (6), 104.07 (4), 104.07 (5), 105.06 (1m), 105.13 (2), 115.31 (6) (bm),
9115.315, 118.19 (1r), 118.19 (10) (g), 120.13 (2) (f), 134.43 (3m), 138.09 (1m) (b),
10138.09 (3) (am), 138.09 (4) (b), 138.12 (3) (d), 138.12 (4) (b) 4., 138.12 (4) (b) 6.,
11138.12 (5) (am), 146.51, 165.85 (3m), 170.12 (3) (em), 170.12 (8) (b), 175.35 (2k)
12(bm), 217.05 (1m), 217.06 (4), 217.06 (6), 217.09 (1m), 218.01 (2) (ie), 218.01 (2)
13(ig), 218.01 (3) (ag), 218.01 (3) (am), 218.02 (2) (a) 2., 218.02 (3) (e), 218.02 (6)
14(b), 218.04 (3) (a) 2., 218.04 (4) (am), 218.04 (5) (am), 218.05 (3) (am), 218.05 (4)
15(c), 218.05 (12) (am), 218.11 (2) (am), 218.11 (6m), 218.12 (2) (am), 218.12 (3m),
16218.21 (2) (ag), 218.21 (2m), 218.22 (3m), 218.31 (1) (ag), 218.31 (1m), 218.32
17(3m), 218.41 (2) (am), 218.41 (3m), 218.41 (5) (d), 218.51 (3) (am), 218.51 (4m),
18220.01 (1e), subchapter II (title) of chapter 224 [precedes 224.25], 224.40,
19224.72 (2) (c), 224.72 (7m), 224.77 (6), 227.03 (4m), 230.13 (3), 250.041, 299.08,
20341.51 (4) (am), 341.51 (4g), 341.51 (4m), 343.14 (2j), 343.305 (6) (e), 343.345,
21343.61 (2) (b), 343.62 (2) (b), 343.64 (2), 343.65 (2), 343.665, 343.675, 440.03
22(11m), 440.035 (5), 440.13, 551.32 (1) (bm), 551.34 (1m), 562.05 (1c), 562.05 (5)
23(a) 9., 562.05 (7) (am), 562.05 (8) (d), 562.05 (8m), 563.28, 628.095, 628.097,
24628.10 (2) (c), 628.10 (2) (d), 632.68 (2) (bc), 632.68 (2) (bm), 632.68 (3) (b), 632.68
25(4) (bc), 632.68 (4) (bm), 632.68 (5) (b), 633.14 (1) (d), 633.14 (2c), 633.14 (2m),
1633.15 (1m), 633.15 (2) (c), 751.15, 757.69 (1) (n), 767.027, 767.25 (4m) (d) 2m.,
2767.25 (4m) (f), 767.263 (2), 767.265 (6m), 767.29 (3) (b), 767.465 (1m), 767.47
3(11), 767.477, 767.51 (3m) (d) 2m., 767.51 (3m) (f), 885.01 (5), 891.41 (2), 895.48
4(3) and 977.06 (4) (bm) of the statutes; and
to affect Laws of 1937, chapter 201,
5section 11, Laws of 1937, chapter 201, section 21b,
1997 Wisconsin Act 27,
6section
631,
1997 Wisconsin Act 27, section
639b,
1997 Wisconsin Act 27,
7section
833,
1997 Wisconsin Act 27, section
909b and
1997 Wisconsin Act 27,
8section
9426 (8);
relating to: suspension of licenses, permits and other
9credentials for failure to pay child support or to comply with a subpoena or
10warrant related to paternity or child support proceedings and requiring social
11security numbers on license, permit and other credential applications and on
12certain documents concerning marriage and children; creating a record
13matching program to match information about delinquent child support
14obligors with financial account information of financial institutions; creating
15a statutory lien for delinquent child support obligations; creating a mechanism
16for enforcing child support liens; fees for the child and spousal support,
17establishment of paternity and medical liability support program and
18cooperation with child support efforts under Wisconsin works; income
19withholding for support or maintenance, adjudicating paternity when the
20mother fails to appear and other technical changes related to child support
21enforcement; access to certain agency records, nonliability for providing
22information from records, issuing subpoenas, ordering genetic tests; providing
23notice to new employers of a parent's obligation to provide health care coverage
24for a child; hospital-based voluntary establishment of paternity;
25administratively changing interstate income-withholding orders to sum
1certain amounts; presumption of paternity; access by county child support
2employes to tax information; acknowledgment of paternity; procedure,
3temporary orders and probable cause in paternity actions; payment for genetic
4tests in paternity actions; changes in departmental responsibility for support
5enforcement; intercepting delinquent support and certain other payments from
6pension plan disbursements; intercepting delinquent support from court
7judgments and settlements; granting rule-making authority; making
8appropriations; and providing a penalty.
Analysis by the Legislative Reference Bureau
Licenses and social security numbers
Under current law, many state agencies and boards issue licenses, permits or
other credentials for professional or occupational purposes. In addition, the
department of natural resources (DNR) issues fish and game licenses for
recreational purposes. This bill requires an applicant for the issuance or renewal of
a professional or occupational license, if the applicant is a natural person, or an
applicant for a recreational fish and game license to provide his or her social security
number. The issuing agency or board must refuse to issue or renew the license if an
applicant does not provide a required social security number. An agency or board
that obtains an individual's social security number from a license application may
release the social security number only to the department of workforce development
(DWD) for purposes of DWD's administration of the child and spousal support and
establishment of paternity and medical support liability program under current law.
Under current law, if an individual who has been ordered by a court to pay child
or family support or spousal support (maintenance) fails to pay the amount ordered,
the court may enforce the judgment or order by any appropriate remedy. Appropriate
remedies include, but are not limited to, execution of the order or judgment, contempt
of court, money judgment for past-due payments, satisfaction of attached property,
garnishment of wages and suspension of the individual's operating privilege. Also
under current law, if an individual fails to make any court-ordered payments of child
or family support, maintenance or other support-related payments, DWD may
certify the delinquency to the department of revenue (DOR) and DOR may withhold
the delinquent amount from any income tax refund that is owed to the individual.
The bill requires DWD to establish a system under which operating privileges
and occupational, professional and recreational licenses, permits or other
credentials (licenses) are withheld, nonrenewed, restricted or suspended by the
agency or other entity that issues the operating privilege or license for failure to pay
court-ordered payments of child or family support, maintenance or other
support-related payments or for failure to comply with a subpoena or warrant issued
by DWD or a county child support agency and related to paternity or child support
proceedings. The bill requires DWD and each issuing agency or other entity to enter
into a memorandum of understanding related to the requirements for withholding,
nonrenewing, restricting or suspending operating privileges or licenses, the
procedures to be used and safeguards for keeping information about individuals,
including social security numbers, confidential. The procedures must include
adequate notice to the individual who owes the delinquent payments or who failed
to comply with a subpoena or warrant, an opportunity for an individual who owes
delinquent support to pay the delinquent amount or make alternative payment
arrangements before any action is taken with respect to the individual's operating
privilege or license, an opportunity for an individual who failed to comply with a
subpoena or warrant to fulfill the requirements under the subpoena or warrant
before any action is taken with respect to the individual's operating privilege or
license, an opportunity for a hearing for an individual who owes delinquent support
before a court or family court commissioner and reinstatement of an individual's
operating privilege or license. For an individual who owes delinquent support, the
operating privilege or license must be reinstated upon payment of the delinquent
amount or making satisfactory alternative payment arrangements, and, for an
individual who failed to comply with a subpoena or warrant, the operating privilege
or license must be reinstated upon fulfillment of the requirements under the
subpoena or warrant. However, in no case may an operating privilege or a license
be restricted, suspended, denied or refused renewal for more than 5 years.
Under current law, a petition in an action affecting the family, such as a divorce
or child support action, must include the social security numbers of the parties. This
bill requires that all written judgments in actions affecting the family include the
social security numbers of the parties and of any child of the parties.
Under current law, clerks of court must forward to the state registrar on a
biweekly basis a report of every divorce or annulment that was granted in the clerk's
court during that period. Clerks of court are also required to submit to the state
registrar a report of paternity determination within 30 days after entry of a paternity
judgment. The report must include the name and date and place of birth of the
adjudicated father. Under the bill, the divorce and annulment report must include
the social security numbers of the parties to the divorce or annulment and of any
child of the parties. The paternity report must include the social security numbers
of the adjudicated father, the mother and the child. The bill also requires that the
social security numbers of persons signing a statement acknowledging paternity (the
mother of the child and the man acknowledging paternity) be included on the
statement form.
Under current law, an application for a marriage license and a marriage
document (which consists of the marriage license, the marriage certificate and
confidential information collected for statistical purposes) must contain any
information that the department of health and family services directs. The bill
requires that the social security numbers of the parties be required on the application
and included on the marriage document.
Financial records matching; liens and seizures
The bill provides that, if a person fails to pay any amount of court-ordered child
support, family support, maintenance or medical or birth expenses, the amount
becomes a lien in favor of DWD upon all property of the person when it is included
in a statewide support lien docket maintained by DWD. For each entry in the
statewide support lien docket, DWD is required to include the obligor's name and
social security number. For each county in the state, DWD is required to provide a
copy of the statewide support lien docket to either the register of deeds or the county
child support agency in that county or both. DWD must update the statewide
support lien docket in response to orders issued by a court or family court
commissioner. Upon payment of the delinquent amount to the county child support
agency, the payer may require the county child support agency to provide a
satisfaction of lien showing that the delinquent amount has been paid in full.
When a delinquent obligation is included in the statewide support lien docket,
DWD is required to provide notice to the obligor that a lien on the obligor's property
is in effect and that the obligor may, within a 20-day period, request a court hearing
on the issue. If the obligor makes a timely request for hearing, the court or family
court commissioner shall schedule a hearing within 10 business days. If it is
established at the hearing that the lien is not proper because of a mistake of fact, the
court or family court commissioner shall direct DWD to remove the lien from the
statewide support lien docket.
DWD is granted general power to levy against property of the obligor to enforce
the lien. The procedures for levying against this property vary depending upon
whether the property is an account at a financial institution, other personal property
or real property. The procedures are as follows:
1. Financial accounts. The bill requires financial institutions doing business
in this state to participate in a financial record matching program. Under this
program, a financial institution may opt to participate in either the financial
institution matching option or the state matching option. Under the financial
institution matching option, DWD is required to periodically provide the financial
institution with information regarding delinquent obligors. The financial
institution is then required to match this information against its account records to
determine whether any of these obligors have an account at the institution. If the
financial institution finds a match, the financial institution is required to provide
information regarding the account to DWD. The financial institution is prohibited
from using the information that it receives from DWD for purposes other than the
matching program and is prohibited from disclosing or retaining information
regarding obligors who do not maintain an account at the financial institution.
Under the state matching option, the financial institution is required to provide
information on all of its accounts to DWD. DWD is then required to determine
whether a delinquent obligor has an account at the financial institution. DWD is
prohibited from using the account information for purposes other than the matching
program and is prohibited from disclosing or retaining information regarding
account holders who are not delinquent obligors.
Both the financial institution matching option and the state matching option
provide that the information shall be exchanged between DWD and the financial
institution in the manner specified by rule or by agreement. To the extent feasible,
the information is to be exchanged by an automated data exchange. The bill provides
that a financial institution is not liable to any person for disclosing financial records
to a child support agency attempting to establish, modify or enforce a support
obligation, or for disclosures of account information, seizures of assets or other
actions taken in good faith in participating in the financial record matching program.
To enforce a lien against an account at a financial institution, DWD shall send
a notice of levy to the financial institution instructing the financial institution to
"freeze" the obligor's accounts at the institution in an amount equal to the amount
of the delinquency, plus estimated levy fees and costs and financial institution fees.
No later than the next day after the notice of levy is sent to the financial institution,
DWD is required to send a copy of the notice of levy to the obligor, stating the amount
of owed support and that one or more of the obligor's accounts at the financial
institution named in the notice have been frozen, and that the obligor may request
a hearing within 20 days after the date of the notice of levy. Unless DWD or a court
instructs the financial institution to release the funds within 20 days after the date
of the notice of levy, the financial institution is required to pay the amount specified
in the notice of levy to DWD. If a hearing is requested and the court or family court
commissioner determines that the account holder does not owe the amount of
support claimed by DWD, DWD is required to return the funds to the account holder.
2. Other personal property. DWD may levy against other personal property by
seizing personal property. DWD must immediately notify the obligor, and any person
known to have a lien on the property, that the property has been seized. If the
property is titled, the notice must also be provided to the state agency that titles the
property together with instructions not to transfer title to the property without
instructions from DWD or a court. The notice must inform the obligor that he or she
may, within 20 days, request a hearing on whether the support was owed and
whether the property was wrongfully seized. The hearing is with the court or family
court commissioner issuing the order to pay the support. If a hearing is not requested
or is not decided in favor of the person whose property was seized, DWD must send
a notice to the obligor of the time and place where the property will be sold. The
property may be redeemed prior to the sale by paying the amount owed. DWD shall
give the purchaser of the property a certificate of sale and, if the property is titled,
instruct the state agency to transfer title to the purchaser of the property.
3. Real property. To levy against real property, DWD must provide the obligor,
and any persons known to have liens on the property, with a notice of intent to levy.
The notice must include information on requesting a hearing on whether the support
is owed. The hearing is with the court or family court commissioner issuing the order
to pay support. Unless the support is paid or unless the hearing determines that the
support is not owed, DWD may send a final notice of seizure, stating the date by
which the obligor must vacate the premises and stating the date of sale. DWD must
allow at least 60 days for the obligor to vacate the property and 90 days before the
sale. The register of deeds is sent a copy of the final notice and is instructed not to
record a deed for the property, except on the instructions of a court or DWD. Notice
of the sale must be publicly advertised and the obligor is entitled to redeem the
property prior to the date of sale by paying the full amount owed, together with any
levy fees and costs.
The bill also contains provisions requiring 3rd parties possessing property or
rights to property that is subject to a levy to surrender them to DWD. A 3rd party
is entitled to a levy fee of $5 for each levy in any case where property is secured
through the levy and DWD is authorized to recover its costs of levy. These costs can
be deducted from the proceeds of the levy after first paying any liens on the property
prior to the delinquent support lien and then paying the amount of the delinquent
support. The bill contains provisions for bringing actions against the state in cases
of wrongful levy. DWD may delegate its powers and responsibilities with respect to
support liens and levies to county child support agencies, but DWD is required to
approve the initiation of levies against real property. DWD may contract with a
county sheriff to perform the sale of real or personal property.
Confidential records
DWD administers a child and spousal support and establishment of paternity
and medical liability support program. The main purposes of the program are to
establish, modify and enforce support obligations and to establish paternity for the
purpose of establishing a support obligation. County child support agencies
administer the program at the local level. Current law provides that DWD may
request from any person any information that it determines is appropriate and
necessary for the administration of the program. A person who is the subject of a
request for information must provide the information within 7 days after receiving
a request. DWD and county child support agencies may disclose the information only
in the administration of the program. This bill provides that DWD and county child
support agencies may issue subpoenas to compel the production of financial
information and other documentary evidence in the administration of the program.
The bill also requires that a person in this state must comply with an administrative
subpoena issued from another state to compel production of the same types of
evidence for comparable purposes. A person who provides access to records or who
discloses information as requested is not liable to any person for providing the access
or for disclosing the information. A person who does not comply with a request for
information or access to records, however, may be required to pay a forfeiture to be
determined by DWD by rule.
Under current law, all persons (including state agencies) are required to
provide to DWD all information requested by DWD if DWD determines that the
information is appropriate and necessary for the administration of the child and
spousal support and establishment of paternity and medical liability program and
certain other state and federal public assistance and medical programs. This law
conflicts with certain other laws that authorize or require state agencies to maintain
the confidentiality of certain information contained in records of the agencies.
This bill reconciles those conflicts by giving precedence to DWD's right of access
to certain records and information notwithstanding existing confidentiality
provisions. Among the records and information affected by the bill are certain
driving records and accident reports kept by the department of transportation
(DOT), information from income tax and sales tax returns, certain records under the
unemployment compensation and worker's compensation programs, certain records
of applicants for public positions, certain information collected by the department of
public instruction for issuing, renewing or revoking certain licenses, records of
background checks of prospective handgun purchasers, financial statements filed
with the department of agriculture, trade and consumer protection by dairy plant
applicants, records received by DNR from the owner or operator of a hazardous waste
facility and information provided by persons to the state public defender that is used
to determine whether the person qualifies for representation due to indigency.
Voluntary acknowledgment of paternity
Under current law, a judge or family court commissioner may order the parties
to a paternity action to undergo genetic tests for the purpose of determining
paternity. If a party in a paternity action requests genetic tests, the judge or family
court commissioner must order them. The bill authorizes a county child support
agency to administratively require a child, the child's mother and a male who is
alleged, or who alleges himself, to be the father of the child to submit to genetic tests
if there is probable cause to believe that the child's mother and the male had sexual
intercourse during a possible time of the child's conception. A sufficient affidavit
from either the mother or the alleged father may establish the necessary probable
cause. Genetic tests ordered by the county child support agency will be paid for by
the county. If a party requests subsequent tests, however, the requesting party must
pay for the tests in advance unless he or she is indigent, in which case the county will
pay for the tests but may seek reimbursement. The results of genetic test ordered
by a county child support agency may be used in a paternity action.
Under current law, generally only after a man has been adjudicated to be the
father of a nonmarital child in a paternity action may any orders related to the child,
such as orders for the payment of child support or for custody or physical placement
rights, be made with respect to the man. An exception is if the man has signed and
filed with the state registrar a statement acknowledging paternity. In that case, a
judge or family court commissioner may order the man to pay child support in any
action affecting the family, such as an action for support. The action need not be a
paternity action. Within one year after signing a statement acknowledging paternity
or one year after attaining age 18, whichever is later, a person who signed the
statement, which may be either the man or the mother of the child, may request that
the judge or family court commissioner order genetic tests. If the results of the
genetic tests exclude the man as the father of the child, the court must dismiss any
action for support, or vacate any order for support, with respect to the man.
This bill changes the provisions related to statements acknowledging paternity
and applies only to those statements that are signed and filed with the state registrar
on or after the day after publication. Those statements must contain notice of the
provisions of the statute, and the parties signing the statements must be given
written and oral notice of the legal consequences of, the rights and responsibilities
arising from and the alternatives to, signing the statement.
Under the bill, a statement acknowledging paternity may be rescinded by
either party who signed the statement by filing a document prescribed by the state
registrar for that purpose before the earlier of the day on which a court makes an
order in an action affecting the family with respect to the man and child or 60 days
after the statement was filed. If a party who signed the statement was a minor when
the statement was filed, that party may rescind the statement before the earlier of
the day on which a court makes an order in an action affecting the family with respect
to the man and child or 60 days after the party attains age 18. If the statement is
not timely rescinded, the filed statement becomes a conclusive determination of
paternity with the same effect as a judgment of paternity. A determination of
paternity on the basis of a filed statement may be voided by a court only upon a
showing of fraud, duress or mistake of fact.
The bill provides that an action affecting the family that seeks to establish a
support obligation for, or custody, physical placement or visitation rights to, a child
may be brought with respect to parties who signed and filed a statement
acknowledging paternity with regard to the child. If the statement has not been
rescinded and the parties had notice of the hearing in the matter, the court or family
court commissioner may make the same orders that may be made in paternity
actions, which include orders concerning child support, legal custody, physical
placement, pregnancy expenses and the child's health care expenses. Current law
provides that in a paternity action, the mother of the child is to have sole legal
custody unless the court orders otherwise. The bill provides that in both paternity
actions and actions based on a statement acknowledging paternity, the mother of the
child is to have sole legal custody if the father does not request legal custody. If the
father does request legal custody, however, the court or family court commissioner
must use the same factors in determining legal custody that are used in divorce
actions.
Although the new provisions apply only to statements acknowledging paternity
that are signed and filed on or after the day after publication, a party that signed and
filed a statement before that date may sign and file a new one on or after that date.
In that case, the previous statement is superseded, and the new statement becomes
a conclusive determination of paternity upon the expiration of the time during which
the new statement may be rescinded.
The bill also makes applicable to a paternity determination that arises by
acknowledgment a number of statutory provisions that apply to a paternity
determination that arises by adjudication. Some examples are: the definition of
"parent" in a number of situations, whether the paternity of a child to be adopted has
been established, when the attorney responsible for support enforcement does not
commence a paternity action if no father is named on a child's birth certificate and
when a father may inherit from a nonmarital child.
Levying against pension plans and judgments
Under current law, all pension plan benefits provided by the department of
employe trust funds (DETF), any retirement system of any 1st class city (currently,
only the city of Milwaukee) and any retirement system established by a county
government (currently, only Milwaukee County) are generally not assignable or
subject to execution, levy, attachment, garnishment or other legal process. This bill
makes any monthly annuity payment by DETF, any retirement system of a 1st class
city or any retirement system established by a county government assignable and
subject to execution, levy, attachment, garnishment and other legal processes that
relate to child support and family or other maintenance support. In addition, the bill
authorizes DWD to direct DETF, any retirement system of a 1st class city, any
retirement system established by a county government or any private pension plan
to withhold from any lump sum payment that may be paid a person an amount owed
by the person for delinquent support.
Under this bill, DWD may place a lien on any judgment in favor of a person who
is delinquent in, or has a balance outstanding related to, the payment of support,
maintenance or other expenses for the support of a child or spouse. Under the bill,
DWD or the county child support agency notifies the person who owes the money or
who holds the money in trust under the judgment or settlement of the delinquency
or balance outstanding and that the person must pay to DWD or the county child
support agency that amount before paying any money to the person who has the
judgment (up to the amount of the judgment). Under the bill, the person who is owed
the money under the judgment is notified of the lien and is given an opportunity to
contest the withholding of the amount of the delinquency or outstanding balance
before the court that set the support obligation.
Cooperation of W-2 participants
Under current law, DWD must establish a uniform system of fees for services
provided to individuals under the child and spousal support and establishment of
paternity and medical liability support program. Individuals who receive foster care
aid, aid to families with dependent children, medical assistance, Wisconsin works
(W-2) benefits or kinship care payments are exempt from the fee. This bill expands
the fee exemptions to include recipients of food stamps and federal foster care
maintenance payments.
Currently, to fulfill an eligibility requirement under the W-2 program, an
individual applying for the W-2 program must cooperate in efforts directed at
establishing the paternity of the individual's dependent children and obtaining
support payments or any other payments or property to which the individual or his
or her dependent children may have rights. An individual who fails 3 times to
cooperate remains ineligible for W-2 until the individual cooperates or for a period
of 6 months, whichever is later.
This bill requires, as a condition of eligibility, that every parent in the
individual's W-2 group cooperate with paternity establishment and child and
spousal support efforts for any minor child of that parent regardless of whether the
child resides with that parent and regardless of whether that parent is applying for
W-2. An individual who is a member of a W-2 group that fails 3 times to cooperate
with the paternity establishment or support efforts is ineligible for W-2 until the
W-2 group cooperates or for a period of 6 months, whichever is later.
Health care coverage notice
Under current law, if a court orders child support in an action affecting the
family, the court is required to assign responsibility for payment of the child's health
care expenses. The court may order a parent to initiate or continue health insurance
coverage for the child. If the court orders a parent who is eligible for family coverage
under an employer-provided plan to provide coverage of the child's health care
expenses, the employer is required to provide family coverage for the parent and
child, without regard to any enrollment or waiting period restrictions that may apply,
upon the application of the parent who is the employe, the child's other parent, DWD
or the county child support agency.
This bill provides that, if a parent who provides health care coverage for a child
under a court order changes employers and the parent has a court-ordered child
support obligation with respect to the child, the county child support agency must
notify both the parent and the parent's new employer of the health care coverage
order. If the employer provides health care coverage for its employes and the parent
is eligible for family coverage under the health benefit plan, the employer must enroll
the child in the health benefit plan upon receiving notice of the order. The notice to
the parent must inform the parent that coverage for the child will be in effect upon
receipt of the notice by the employer. Within 10 days after receiving the notice, the
parent may request a hearing before the court or family court commissioner on the
issue of whether the order to provide coverage of the child's health care expenses
should remain in effect. The bill also requires the employer to notify the county child
support agency when the child is covered under the health benefit plan and to
provide necessary plan identification to the child's other parent upon request.
Voluntary paternity acknowledgment information
Under current law, if a child's birth occurs in or en route to a hospital and if the
child's parents are unmarried, the hospital administrator or his or her designee must
provide the child's mother with a voluntary paternity acknowledgment form and
with a pamphlet that has information about birth certificates, including how to add
to a birth certificate the name of the father of a child whose parents were not married.
The hospital must submit any completed forms to the state registrar. (Beginning on
January 1, 1998, DWD must pay the filing party a financial incentive for correctly
filing a form within 60 days after the child's birth.) The fee for making an alteration
in a birth certificate is $10. Upon receipt of the voluntary acknowledgement form
and the fee, the state registrar must insert the name of the father on the birth
certificate.
This bill requires that trained, designated hospital staff provide to the child's
available unmarried parents oral information or an audio or video presentation and
written information about the voluntary paternity acknowledgment form and about
the significance and benefits of, and alternatives to, establishing paternity, before
the parents sign the form. The bill provides immunity from civil liability for trained,
designated hospital staff who provide this information in good faith. The staff must
also provide an opportunity to complete the form and to have the form notarized in
the hospital. DWD must provide to hospitals the written information required to be
provided to parents and must provide training to hospital staff concerning the
voluntary acknowledgment form and the significance and benefits of, and
alternatives to, establishing paternity.
Conversion of child support orders to sum certain amounts
Under current law, a child support obligation may be expressed as a sum certain
amount or as a percentage of a parent's income. Consequently, an
income-withholding order that is sent to an employer for withholding child support
from a parent's income may require a percentage of the parent's income or a sum
certain amount to be withheld. Under the Uniform Interstate Family Support Act,
an employer that receives an income-withholding order from another state must
comply with the order if it satisfies certain requirements, one of which is that the
amount of support to be withheld is expressed as a sum certain amount. This bill
authorizes a county child support agency to convert a support amount in an
income-withholding order that is expressed as a percentage of income to the
equivalent sum certain amount for purposes of enforcing a support order in another
state.
Paternity presumption
Under current law, a man is presumed to be the natural father of a child if he
was married to the child's mother when the child was conceived or born or if he and
the child's mother married after the child's birth but had a relationship during the
period of time within which the child was conceived. In a paternity action, if genetic
tests show that a man alleged to be the father is not excluded as the father and that
the probability that he is the father is 99.0% or more, that man is presumed to be the
father. This bill provides that a presumption of paternity that arises on the basis of
marriage is rebutted in a legal action or proceeding by results of a genetic test that
show that a man other than the one presumed to be the father is not excluded as the
father and that the statistical probability that the man is the father is 99.0% or
higher, even if the man who is presumed to be the father on the basis of marriage is
unavailable to submit to genetic tests.
Miscellaneous paternity and support changes
Under current law, an order for child or family support or maintenance is an
automatic assignment of wages or other earnings to the clerk of court. When a
support or maintenance order is entered, the court must send notice of the
assignment by regular mail to a payer's employer or other person who owes the payer
money, requiring withholding of the amount provided in the support order. The
support and withholding orders may be expressed as a fixed sum, as a percentage of
income or as both in the alternative, requiring payment of the greater or lesser
amount. If the payer is entitled to unemployment compensation, however, the order
to withhold benefits must be for an amount certain.
This bill authorizes the court to send notice of assignment by facsimile machine
or other electronic means in addition to regular mail. Orders for the withholding of
unemployment compensation may be expressed as a fixed sum, as a percentage of
benefits payable or as both in the alternative, requiring payment of the greater or
lesser amount. Notices of assignment for withholding must include the information
that the maximum amount withheld may not exceed the maximum amount that is
subject to garnishment under federal law.
Under current law, if the petitioner in a paternity action fails to appear at a
pretrial hearing or at the trial, the court may dismiss the action. If the respondent
in a paternity action is the alleged father and he fails to appear for a court-ordered
genetic test or a hearing at which an appearance is required, the court must
adjudicate the respondent to be the father. The bill provides that, if the mother of
the child in a paternity action fails to appear for a court-ordered genetic test or a
hearing at which an appearance is required, the court may adjudicate the alleged
father, or the man who alleges that he is the father, to be the father of the child if there
is sufficient evidence for such a finding.
Under current law, tax returns are open to examination by state employes for
the purpose of administering the child and spousal support program. The purpose
of that program, which is administered by DWD, is to establish paternity and to
establish, revise if appropriate and enforce support obligations. This bill provides
that employes of county child support agencies may also examine tax returns for the
purpose of administering the child and spousal support program. The county child
support agencies administer the program at the local level.
This bill makes 3 changes to the paternity statutes. Under current law, a court
must order genetic tests in a paternity matter upon the request of a party if there is
probable cause to believe that any of the males in the action had sexual intercourse
with the child's mother at the possible time of conception. Probable cause may be
shown by a sufficient petition or affidavit of the mother. This bill adds that probable
cause may also be shown by a sufficient petition or affidavit of an alleged father or
by sworn testimony of the mother or an alleged father. Under current law, a court
may not make a temporary order for support, legal custody or physical placement in
a paternity matter unless the alleged father has been adjudicated to be the father,
or unless the alleged father is presumed to be the father because he and the child's
mother married after the birth of the child but had a relationship during the time in
which the child was conceived or because he and the child's mother were married
when the child was conceived or born but have since divorced. This bill provides that
the court must make a temporary order for child support and may make a temporary
order assigning responsibility for and directing the manner of payment of the child's
health care expenses, upon the motion of a party, if genetic tests do not exclude the
alleged father and show that the statistical probability of his parentage is 99% or
higher. The bill also provides that bills for articles or services related to the
pregnancy, childbirth or genetic testing may be admitted into evidence and are
sufficient evidence in themselves to show those expenses.
Under current law, interest of 1.5% per month accrues on child support that is
not paid on time, beginning on the first day of the 2nd month after the month in which
the payment was due. This bill changes the time at which the interest begins to
accrue to the first day of the 4th month beginning after the month in which the
payment was due.
Under current law, a person who requests a 2nd or subsequent series of genetic
tests in a paternity action may be required to pay for the tests in advance. The bill
provides that the judge or family court commissioner hearing the matter must
require the person to pay for the tests in advance unless the judge or family court
commissioner finds the person to be indigent.
The bill makes a few other minor changes to the child support statutes,
including: requiring the addition of children's social security numbers to petitions
filed in actions affecting the family (currently only the parties' social security
numbers are required), requiring child support that is received to be credited first
to the payment of support that is due within the calendar month during which it is
received (currently support received is credited first to the payment of support that
is due within the calendar month during which it is withheld from income), requiring
persons (usually employers) who withhold child support from a payer's income to
report to the clerk of court the gross amount of income from which the child support
was withheld and providing that support under an existing order for a child who is
later placed in a state institution is assigned to the state (currently the statutes
provide that a court may order that support be paid to the institution if the child is
in an institution when the support is first ordered).
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB494, s. 1
1Section
1. 13.63 (1) of the statutes is amended to read:
SB494,18,112
13.63
(1) Licenses. An application for a license to act as a lobbyist may be
3obtained from and filed with the board.
An applicant shall include his or her social
4security number on the application. The application shall be signed, under the
5penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon
6approval of the application and payment of the applicable license fee under s. 13.75
7(1) or (1m) to the board, the board shall issue a license which entitles the licensee to
8practice lobbying on behalf of each registered principal who or which has filed an
9authorization under s. 13.65 for that lobbyist and paid the authorization fee under
10s. 13.75 (4). The license shall expire on December 31 of each even-numbered year.
11No The board shall not issue a license to an applicant who does not provide his or her
12social security number. The board shall refuse to issue a license or shall suspend any
13existing license for failure of an applicant or licensee to pay court-ordered payments
14of child or family support, maintenance, birth expenses, medical expenses or other
1expenses related to the support of a child or former spouse or failure of an applicant
2or licensee to comply, after appropriate notice, with a subpoena or warrant issued by
3the department of workforce development or a county child support agency under s.
459.53 (5) and related to paternity or child support proceedings, as provided in a
5memorandum of understanding entered into under s. 49.857. No other application
6may be disapproved by the board except an application for a license by a person who
7is ineligible for licensure under s. 13.69 (4) or
an application by a lobbyist whose
8license has been revoked under s. 13.69 (7) and only for the period of such ineligibility
9or revocation.
Denial Except with respect to a license that is denied or suspended
10pursuant to a memorandum of understanding entered into under s. 49.857, denial 11or suspension of a license may be reviewed under ch. 227.
SB494, s. 2
12Section
2. 13.64 (1) (a) of the statutes is amended to read:
SB494,18,1613
13.64
(1) (a) If the principal is an individual, the name and address of the
14individual's employer, if any, or the individual's principal place of business if
15self-employed,
and a description of the business activity in which the individual or
16the individual's employer is engaged
and the individual's social security number.
SB494, s. 3
17Section
3. 13.64 (2) of the statutes is amended to read:
SB494,19,1018
13.64
(2) The registration shall expire on December 31 of each even-numbered
19year.
The board shall refuse to accept a registration statement filed by an individual
20who does not provide his or her social security number. The board shall refuse to
21accept a registration statement filed by an individual or shall suspend any existing
22registration of an individual for failure of the individual or registrant to pay
23court-ordered payments of child or family support, maintenance, birth expenses,
24medical expenses or other expenses related to the support of a child or former spouse
25or failure of the individual or registrant to comply, after appropriate notice, with a
1subpoena or warrant issued by the department of workforce development or a county
2child support agency under s. 59.53 (5) and related to paternity or child support
3proceeding, as provided in a memorandum of understanding entered into under s.
449.857. If all lobbying by or on behalf of the principal which is not exempt under s.
513.621 ceases, the board shall terminate the principal's registration and any
6authorizations under s. 13.65 as of the day after the principal files a statement of
7cessation and expense statements under s. 13.68 for the period covering all dates on
8which the principal was registered.
Refusal to accept a registration statement or
9suspension of an existing registration pursuant to a memorandum of understanding
10under s. 49.857 is not subject to review under ch. 227.
SB494, s. 4
11Section
4. 19.36 (7) (b) of the statutes is amended to read:
SB494,19,2012
19.36
(7) (b) Every applicant for a position with any authority may indicate in
13writing to the authority that the applicant does not wish the authority to reveal his
14or her identity. Except with respect to an applicant whose name is certified for
15appointment to a position in the state classified service or a final candidate, if an
16applicant makes such an indication in writing, the authority shall not provide access
17to any record related to the application that may reveal the identity of the applicant.
18This paragraph does not apply to a request under s. 49.22 (2m) for access to a record
19by the department of workforce development or a county child support agency under
20s. 59.53 (5).
SB494, s. 5
21Section
5. 19.55 (2) (intro.) of the statutes is amended to read:
SB494,19,2522
19.55
(2) (intro.)
The Except as requested under s. 49.22 (2m) by the
23department of workforce development or a county child support agency under s.
2459.53 (5), the following records in the board's possession are not open for public
25inspection:
SB494, s. 6
1Section
6. 19.55 (2) (d) of the statutes is created to read:
SB494,20,52
19.55
(2) (d) Records of the social security number of any individual who files
3an application for licensure as a lobbyist under s. 13.63 or who registers as a principal
4under s. 13.64, except to the department of workforce development for purposes of
5administration of s. 49.22.
SB494,20,118
20.445
(1) (L) (title)
Fees
Child support-related fees. All moneys received from
9fees charged to counties under ss. 49.22 (8) and 108.13 (4) (f)
and all moneys received
10under s. 49.854 (11) (b) for administrative costs incurred in the enforcement of child
11and spousal support obligations under
42 USC 654.
SB494, s. 8
12Section
8. 20.445 (3) (k) of the statutes is created to read:
SB494,20,1613
20.445
(3) (k)
Child support transfers. All moneys transferred from the
14appropriation account under par. (r), to be distributed for the support of dependent
15children in accordance with applicable federal and state statutes, federal regulations
16and state rules.
SB494, s. 9
17Section
9. 20.445 (3) (k) of the statutes, as created by 1997 Wisconsin Act ....
18(this act), is repealed and recreated to read:
SB494,20,2319
20.445
(3) (k)
Child support transfers. All moneys transferred from the
20appropriation account under par. (r), to be expended under the Wisconsin works
21program under subch. III of ch. 49 and to be distributed as provided in s. 49.24 and
22for the support of dependent children in accordance with applicable federal and state
23statutes, federal regulations and state rules.
SB494, s. 10
24Section
10. 20.445 (3) (r) of the statutes is created to read:
SB494,21,7
120.445
(3) (r)
Support receipt and disbursement program; payments. All
2moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b),
3by the support collections trust fund for disbursement to the persons for whom the
4payments are awarded, for returning seized funds under s. 49.854 (5) (f) and, if
5assigned under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b., for
6transfer to the appropriation account under par. (k). Estimated disbursements
7under this paragraph shall not be included in the schedule under s. 20.005.
SB494, s. 11
8Section
11. 20.445 (3) (r) of the statutes, as created by 1997 Wisconsin Act ....
9(this act), is repealed and recreated to read: