Amendment ASA1-SB40

SB40-ASA1, s. 2855 Section 2855. 767.57 (1e) (b) 1m. of the statutes is amended to read:

SB40-ASA1,1522,11 767.57 (1e) (b) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) 20.437 (2) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.75 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.

SB40-ASA1, s. 2856 Section 2856. 767.57 (1e) (c) of the statutes is created to read:

SB40-ASA1,1522,18 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja).

SB40-ASA1, s. 3737d Section 3737d. 767.57 (1e) (c) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1523,2 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) 20.437 (2) (ja).

SB40-ASA1, s. 2857 Section 2857. 767.57 (1m) (c) of the statutes is amended to read:

SB40-ASA1,1523,8 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 46.261 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 48.645 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

SB40-ASA1, s. 2858 Section 2858. 767.57 (2) of the statutes is amended to read:

SB40-ASA1,1524,4 767.57 (2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party's right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 48.645 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).

SB40-ASA1, s. 2859 Section 2859. 767.57 (4) of the statutes is amended to read:

SB40-ASA1,1524,14 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

SB40-ASA1, s. 2860 Section 2860. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1524,21 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

SB40-ASA1, s. 2861 Section 2861. 767.59 (1f) (b) 4. of the statutes is amended to read:

SB40-ASA1,1525,3 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB40-ASA1, s. 2862 Section 2862. 767.59 (2) (c) of the statutes is amended to read:

SB40-ASA1,1525,9 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is applicable.

SB40-ASA1, s. 2863 Section 2863. 767.59 (2s) of the statutes is amended to read:

SB40-ASA1,1525,16 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14), 767.511, 767.805 (4), or 767.89, whichever is appropriate.

SB40-ASA1, s. 2864 Section 2864. 767.87 (2m) of the statutes is amended to read:

SB40-ASA1,1525,21 767.87 (2m) Admissibility of certain medical and genetic information. Medical and genetic information filed with the department of health and family services or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the paternity of the child.

SB40-ASA1, s. 2865 Section 2865. 767.87 (6) (a) of the statutes is amended to read:

SB40-ASA1,1526,7 767.87 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB40-ASA1, s. 3746h Section 3746h. 767.89 (2) of the statutes is renumbered 767.89 (2) (a).

SB40-ASA1, s. 3746i Section 3746i. 767.89 (2) (b) of the statutes is created to read:

SB40-ASA1,1526,13 767.89 (2) (b) If the clerk of court or county child support agency is unable to collect any of the following fees under par. (a), the department shall pay the fee and may not require the county or county child support agency to reimburse the department for the cost:

SB40-ASA1,1526,15 1. A fee for omitting the father's name on a birth certificate under s. 69.15 (3) (a) 1.

SB40-ASA1,1526,17 2. A fee for changing the father's name on a birth certificate under s. 69.15 (3) (a) 2.

SB40-ASA1,1526,19 3. A fee for inserting the father's name on a birth certificate under s. 69.15 (3) (a) 3.

SB40-ASA1, s. 2866 Section 2866. 769.201 (7) of the statutes is amended to read:

SB40-ASA1,1526,24 769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and family services children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

SB40-ASA1, s. 2867 Section 2867. 769.31 (1) of the statutes is amended to read:

SB40-ASA1,1527,2 769.31 (1) The department of workforce development children and families is the state information agency under this chapter.

SB40-ASA1, s. 2868 Section 2868. 801.02 (1) of the statutes is amended to read:

SB40-ASA1,1527,8 801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

SB40-ASA1, s. 2869 Section 2869. 803.03 (2) (c) of the statutes is amended to read:

SB40-ASA1,1527,17 803.03 (2) (c) Scheduling and pretrial conferences. At the scheduling conference and pretrial conference, the judge to whom the case has been assigned shall inquire concerning the existence of and joinder of persons with subrogated, derivative or assigned rights and shall make such orders as are necessary to effectuate the purposes of this section. If the case is an action to recover damages based on alleged criminally injurious conduct, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15.

SB40-ASA1, s. 2870 Section 2870. 803.09 (1) and (2) of the statutes are amended to read:

SB40-ASA1,1527,24 803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

SB40-ASA1,1528,9 (2) Upon Except as provided in s. 20.931, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

SB40-ASA1, s. 2871 Section 2871. 804.01 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1528,13 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.931 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

SB40-ASA1, s. 2872 Section 2872. 805.04 (1) of the statutes is amended to read:

SB40-ASA1,1528,22 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

SB40-ASA1, s. 2873 Section 2873. 805.04 (2m) of the statutes is created to read:

SB40-ASA1,1529,2 805.04 (2m) False claims. An action filed under s. 20.931 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.931, the court shall take into account the best interests of the parties and the purposes of s. 20.931.

SB40-ASA1, s. 2874 Section 2874. 806.025 (2) (am) of the statutes is amended to read:

SB40-ASA1,1529,7 806.025 (2) (am) If money remains after the payment of all unpaid orders and judgments under par. (a), order reimbursement to the department of justice for an award made under subch. I of ch. 949 for which the department is subrogated under s. 949.15.

SB40-ASA1, s. 2875 Section 2875. 809.105 (13) of the statutes is amended to read:

SB40-ASA1,1529,17 809.105 (13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services children and families, a county department under s. 46.215, 46.22, or 46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.

SB40-ASA1, s. 2876 Section 2876. 809.30 (2) (d) of the statutes is amended to read:

SB40-ASA1,1530,2 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child or juvenile person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105, or 938.23.

SB40-ASA1, s. 2877 Section 2877. 813.12 (5) (b) of the statutes is amended to read:

SB40-ASA1,1530,5 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms provided under s. 46.95 49.165 (3) (c) to help a person file a petition.

SB40-ASA1, s. 2878 Section 2878. 813.122 (6) (b) of the statutes is amended to read:

SB40-ASA1,1530,8 813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.

SB40-ASA1, s. 2879 Section 2879. 814.61 (13) of the statutes is amended to read:

SB40-ASA1,1530,15 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or, 49.47 , or 49.471 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

SB40-ASA1, s. 2880 Section 2880. 814.69 (1) (a) of the statutes is amended to read:

SB40-ASA1,1530,20 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the certificate of the clerk of court.

SB40-ASA1, s. 2881 Section 2881. 814.75 (22m) of the statutes is amended to read:

SB40-ASA1,1530,23 814.75 (22m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40-ASA1, s. 2882 Section 2882. 814.76 (15m) of the statutes is amended to read:

SB40-ASA1,1531,2 814.76 (15m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40-ASA1, s. 2883 Section 2883. 814.80 (11) of the statutes is amended to read:

SB40-ASA1,1531,5 814.80 (11) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40-ASA1, s. 2884 Section 2884. 859.07 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1531,12 859.07 (2) (a) (intro.) The personal representative shall provide notice of the date set under s. 859.01 to the department of health and family services , the department of children and families, or the department of corrections, as applicable, and to the county clerk of the decedent's county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent's death, any of the following applied:

SB40-ASA1, s. 2885 Section 2885. 859.07 (2) (a) 2. of the statutes is amended to read:

SB40-ASA1,1531,16 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB40-ASA1, s. 2886 Section 2886. 859.15 of the statutes is amended to read:

SB40-ASA1,1531,23 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation which that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB40-ASA1, s. 2887 Section 2887 . 885.01 (5) of the statutes is amended to read:

SB40-ASA1,1532,4 885.01 (5) By the department of workforce development children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40-ASA1, s. 2888 Section 2888 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1532,9 885.01 (5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40-ASA1, s. 3772m Section 3772m. 885.237 (2) of the statutes is amended to read:

SB40-ASA1,1532,18 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying a valid registration plates plate, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle. This subsection does not apply to violations of ordinances enacted under s. 341.65, but this subsection does apply to violations of ordinances enacted under s. 341.65, 2003 stats.

SB40-ASA1, s. 2889 Section 2889. 885.38 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1532,25 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

SB40-ASA1, s. 2890 Section 2890. 885.38 (8) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1533,4 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

SB40-ASA1, s. 2891 Section 2891. 893.981 of the statutes is created to read:

SB40-ASA1,1533,7 893.981 False claims. An action or claim under s. 20.931 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

SB40-ASA1, s. 2892 Section 2892. 895.45 (1) (a) of the statutes is amended to read:

SB40-ASA1,1533,13 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB40-ASA1, s. 2893 Section 2893. 895.4803 of the statutes is amended to read:

SB40-ASA1,1533,25 895.4803 Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development children and families and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.