SB40-ASA1, s. 2855 21Section 2855. 767.57 (1e) (b) 1m. of the statutes is amended to read:
SB40-ASA1,1522,1122 767.57 (1e) (b) 1m. The department or its designee may collect any unpaid fees
23under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated
24payment and collection system on December 31, 1998, and shall deposit all fees
25collected under this subdivision in the appropriation account under s. 20.445 (3)

120.437 (2) (ja). The department or its designee may collect unpaid fees under this
2subdivision through income withholding under s. 767.75 (2m). If the department or
3its designee determines that income withholding is inapplicable, ineffective, or
4insufficient for the collection of any unpaid fees under this subdivision, the
5department or its designee may move the court for a remedial sanction under ch. 785.
6The department or its designee may contract with or employ a collection agency or
7other person for the collection of any unpaid fees under this subdivision and,
8notwithstanding s. 20.930, may contract with or employ an attorney to appear in any
9action in state or federal court to enforce the payment obligation. The department
10or its designee may not deduct the amount of unpaid fees from any maintenance,
11child or family support, or arrearage payment.
SB40-ASA1, s. 2856 12Section 2856. 767.57 (1e) (c) of the statutes is created to read:
SB40-ASA1,1522,1813 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25
14from every individual receiving child support or family support payments. In
15applicable cases, the fee shall comply with all requirements under 42 USC 654 (6)
16(B). The department or its designee may deduct the fee from maintenance, child or
17family support, or arrearage payments. Fees collected under this paragraph shall
18be deposited in the appropriation account under s. 20.445 (3) (ja).
SB40-ASA1, s. 3737d 19Section 3737d. 767.57 (1e) (c) of the statutes, as created by 2007 Wisconsin
20Act .... (this act), is amended to read:
SB40-ASA1,1523,221 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25
22from every individual receiving child support or family support payments. In
23applicable cases, the fee shall comply with all requirements under 42 USC 654 (6)
24(B). The department or its designee may deduct the fee from maintenance, child or

1family support, or arrearage payments. Fees collected under this paragraph shall
2be deposited in the appropriation account under s. 20.445 (3) 20.437 (2) (ja).
SB40-ASA1, s. 2857 3Section 2857. 767.57 (1m) (c) of the statutes is amended to read:
SB40-ASA1,1523,84 767.57 (1m) (c) The party entitled to the support or maintenance money or a
5minor child of the party has applied for or is receiving aid under s. 46.261 48.645 or
6public assistance under ch. 49 and there is an assignment to the state under s. 46.261
748.645 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance
8money.
SB40-ASA1, s. 2858 9Section 2858. 767.57 (2) of the statutes is amended to read:
SB40-ASA1,1524,410 767.57 (2) Procedure if recipient on public assistance. If a party entitled to
11maintenance or support, or both, is receiving public assistance under ch. 49, the
12party may assign the party's right to support or maintenance to the county
13department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment
14shall be approved by order of the court granting the maintenance or support. The
15assignment may not be terminated if there is a delinquency in the amount to be paid
16to the assignee of maintenance and support previously ordered without the written
17consent of the assignee or upon notice to the assignee and a hearing. When an
18assignment of maintenance or support, or both, has been approved by the order, the
19assignee shall be deemed a real party in interest within s. 803.01 solely for the
20purpose of securing payment of unpaid maintenance or support ordered to be paid,
21by participating in proceedings to secure the payment of unpaid amounts.
22Notwithstanding assignment under this subsection, and without further order of the
23court, the department or its designee, upon receiving notice that a party or a minor
24child of the parties is receiving aid under s. 46.261 48.645 or public assistance under
25ch. 49 or that a kinship care relative or long-term kinship care relative of the minor

1child is receiving kinship care payments or long-term kinship care payments for the
2minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2.
3or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261
4(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 5Section 2859. 767.57 (4) of the statutes is amended to read:
SB40-ASA1,1524,146 767.57 (4) Procedure for certain child recipients. If an order or judgment
7providing for the support of one or more children not receiving aid under s. 46.261,
848.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the
9beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, any support
10payment made under the order or judgment is assigned to the state under s. 46.261
11(3),
48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that
12is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or
13(3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a
14party.
SB40-ASA1, s. 2860 15Section 2860. 767.59 (1c) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1524,2116 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either
17of the parties, the department, a county department under s. 46.215, 46.22, or 46.23,
18or a county child support agency under s. 59.53 (5) if an assignment has been made
19under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19)
20or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or
2148.645
or ch. 49, a court may, except as provided in par. (b), do any of the following:
SB40-ASA1, s. 2861 22Section 2861. 767.59 (1f) (b) 4. of the statutes is amended to read:
SB40-ASA1,1525,323 767.59 (1f) (b) 4. A difference between the amount of child support ordered by
24the court to be paid by the payer and the amount that the payer would have been
25required to pay based on the percentage standard established by the department

1under s. 49.22 (9) if the court did not use the percentage standard in determining the
2child support payments and did not provide the information required under s. 46.10
3(14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.
SB40-ASA1, s. 2862 4Section 2862. 767.59 (2) (c) of the statutes is amended to read:
SB40-ASA1,1525,95 767.59 (2) (c) If the court revises a judgment or order providing for child support
6that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4),
7938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child
8support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is
9applicable.
SB40-ASA1, s. 2863 10Section 2863. 767.59 (2s) of the statutes is amended to read:
SB40-ASA1,1525,1611 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c),
12the court may not approve a stipulation for the revision of a judgment or order with
13respect to an amount of child support or family support unless the stipulation
14provides for payment of an amount of child support or family support that is
15determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14),
16767.511, 767.805 (4), or 767.89, whichever is appropriate.
SB40-ASA1, s. 2864 17Section 2864. 767.87 (2m) of the statutes is amended to read:
SB40-ASA1,1525,2118 767.87 (2m) Admissibility of certain medical and genetic information.
19Medical and genetic information filed with the department of health and family
20services
or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the
21paternity of the child.
SB40-ASA1, s. 2865 22Section 2865. 767.87 (6) (a) of the statutes is amended to read:
SB40-ASA1,1526,723 767.87 (6) (a) Whenever the state brings the action to determine paternity
24pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3),
2549.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157,

1or 49.159, the natural mother of the child may not be compelled to testify about the
2paternity of the child if it has been determined that the mother has good cause for
3refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B)
4and the federal regulations promulgated pursuant to this statute, as of July 1, 1981,
5and pursuant to any rules promulgated by the department which define good cause
6in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B)
7in effect on July 1, 1981.
SB40-ASA1, s. 3746h 8Section 3746h. 767.89 (2) of the statutes is renumbered 767.89 (2) (a).
SB40-ASA1, s. 3746i 9Section 3746i. 767.89 (2) (b) of the statutes is created to read:
SB40-ASA1,1526,1310 767.89 (2) (b) If the clerk of court or county child support agency is unable to
11collect any of the following fees under par. (a), the department shall pay the fee and
12may not require the county or county child support agency to reimburse the
13department for the cost:
SB40-ASA1,1526,1514 1. A fee for omitting the father's name on a birth certificate under s. 69.15 (3)
15(a) 1.
SB40-ASA1,1526,1716 2. A fee for changing the father's name on a birth certificate under s. 69.15 (3)
17(a) 2.
SB40-ASA1,1526,1918 3. A fee for inserting the father's name on a birth certificate under s. 69.15 (3)
19(a) 3.
SB40-ASA1, s. 2866 20Section 2866. 769.201 (7) of the statutes is amended to read:
SB40-ASA1,1526,2421 769.201 (7) The individual asserted parentage in a declaration of paternal
22interest filed with the department of health and family services children and families
23under s. 48.025 or in a statement acknowledging paternity filed with the state
24registrar under s. 69.15 (3) (b) 1. or 3.
SB40-ASA1, s. 2867 25Section 2867. 769.31 (1) of the statutes is amended to read:
SB40-ASA1,1527,2
1769.31 (1) The department of workforce development children and families is
2the state information agency under this chapter.
SB40-ASA1, s. 2868 3Section 2868. 801.02 (1) of the statutes is amended to read:
SB40-ASA1,1527,84 801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a
5personal judgment is sought is commenced as to any defendant when a summons and
6a complaint naming the person as defendant are filed with the court, provided service
7of an authenticated copy of the summons and of the complaint is made upon the
8defendant under this chapter within 90 days after filing.
SB40-ASA1, s. 2869 9Section 2869. 803.03 (2) (c) of the statutes is amended to read:
SB40-ASA1,1527,1710 803.03 (2) (c) Scheduling and pretrial conferences. At the scheduling
11conference and pretrial conference, the judge to whom the case has been assigned
12shall inquire concerning the existence of and joinder of persons with subrogated,
13derivative or assigned rights and shall make such orders as are necessary to
14effectuate the purposes of this section. If the case is an action to recover damages
15based on alleged criminally injurious conduct, the court shall inquire to see if an
16award has been made under subch. I of ch. 949 and if the department of justice is
17subrogated to the cause of action under s. 949.15.
SB40-ASA1, s. 2870 18Section 2870. 803.09 (1) and (2) of the statutes are amended to read:
SB40-ASA1,1527,2419 803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone
20shall be permitted to intervene in an action when the movant claims an interest
21relating to the property or transaction which is the subject of the action and the
22movant is so situated that the disposition of the action may as a practical matter
23impair or impede the movant's ability to protect that interest, unless the movant's
24interest is adequately represented by existing parties.
SB40-ASA1,1528,9
1(2) Upon Except as provided in s. 20.931, upon timely motion anyone may be
2permitted to intervene in an action when a movant's claim or defense and the main
3action have a question of law or fact in common. When a party to an action relies for
4ground of claim or defense upon any statute or executive order or rule administered
5by a federal or state governmental officer or agency or upon any regulation, order,
6rule, requirement or agreement issued or made pursuant to the statute or executive
7order, the officer or agency upon timely motion may be permitted to intervene in the
8action. In exercising its discretion the court shall consider whether the intervention
9will unduly delay or prejudice the adjudication of the rights of the original parties.
SB40-ASA1, s. 2871 10Section 2871. 804.01 (2) (intro.) of the statutes is amended to read:
SB40-ASA1,1528,1311 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.931
12(9), and unless
otherwise limited by order of the court in accordance with the
13provisions of this chapter, the scope of discovery is as follows:
SB40-ASA1, s. 2872 14Section 2872. 805.04 (1) of the statutes is amended to read:
SB40-ASA1,1528,2215 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an
16action may be dismissed by the plaintiff without order of court by serving and filing
17a notice of dismissal at any time before service by an adverse party of responsive
18pleading or motion or by the filing of a stipulation of dismissal signed by all parties
19who have appeared in the action. Unless otherwise stated in the notice of dismissal
20or stipulation, the dismissal is not on the merits, except that a notice of dismissal
21operates as an adjudication on the merits when filed by a plaintiff who has once
22dismissed in any court an action based on or including the same claim.
SB40-ASA1, s. 2873 23Section 2873. 805.04 (2m) of the statutes is created to read:
SB40-ASA1,1529,224 805.04 (2m) False claims. An action filed under s. 20.931 may be dismissed
25only by order of the court. In determining whether to dismiss the action filed under

1s. 20.931, the court shall take into account the best interests of the parties and the
2purposes of s. 20.931.
SB40-ASA1, s. 2874 3Section 2874. 806.025 (2) (am) of the statutes is amended to read:
SB40-ASA1,1529,74 806.025 (2) (am) If money remains after the payment of all unpaid orders and
5judgments under par. (a), order reimbursement to the department of justice for an
6award made under subch. I of ch. 949 for which the department is subrogated under
7s. 949.15.
SB40-ASA1, s. 2875 8Section 2875. 809.105 (13) of the statutes is amended to read:
SB40-ASA1,1529,179 809.105 (13) Certain persons barred from proceedings. No parent, or
10guardian or legal custodian, if one has been appointed, or foster parent or treatment
11foster parent, if the minor has been placed in a foster home or treatment foster home,
12and the minor's parent has signed a waiver granting the department of health and
13family services
children and families, a county department under s. 46.215, 46.22,
14or 46.23, the foster parent or the treatment foster parent the authority to consent to
15medical services or treatment on behalf of the minor, or adult family member, as
16defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this
17section may attend or intervene in any proceeding under this section.
SB40-ASA1, s. 2876 18Section 2876. 809.30 (2) (d) of the statutes is amended to read:
SB40-ASA1,1530,219 809.30 (2) (d) Indigency redetermination. Except as provided in this
20paragraph, whenever a person whose trial counsel is appointed by the state public
21defender files a notice under par. (b) requesting public defender representation for
22purposes of postconviction or postdisposition relief, the prosecutor may, within 5
23days after the notice is served and filed, file in the circuit court and serve upon the
24state public defender a request that the person's indigency be redetermined before
25counsel is appointed or transcripts are requested. This paragraph does not apply to

1a child or juvenile person who is entitled to be represented by counsel under s. 48.23,
251.60 (1), 55.105,
or 938.23.
SB40-ASA1, s. 2877 3Section 2877. 813.12 (5) (b) of the statutes is amended to read:
SB40-ASA1,1530,54 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms
5provided under s. 46.95 49.165 (3) (c) to help a person file a petition.
SB40-ASA1, s. 2878 6Section 2878. 813.122 (6) (b) of the statutes is amended to read:
SB40-ASA1,1530,87 813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without
8cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.
SB40-ASA1, s. 2879 9Section 2879. 814.61 (13) of the statutes is amended to read:
SB40-ASA1,1530,1510 814.61 (13) Support or maintenance petition. For the cost of court services,
11whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s.
1249.19, 49.46, 49.465, 49.468 or, 49.47 , or 49.471 files a petition requesting child
13support, maintenance or family support payments, $10 in addition to any other fee
14required under this section. This subsection does not apply to a petition filed by the
15state or its delegate.
SB40-ASA1, s. 2880 16Section 2880. 814.69 (1) (a) of the statutes is amended to read:
SB40-ASA1,1530,2017 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per
1825-line page for the original and 50 cents per 25-line page for the duplicate. Except
19as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the
20certificate of the clerk of court.
SB40-ASA1, s. 2881 21Section 2881. 814.75 (22m) of the statutes is amended to read:
SB40-ASA1,1530,2322 814.75 (22m) The supplemental food enforcement surcharge under s. 253.06
2349.17 (4) (c).
SB40-ASA1, s. 2882 24Section 2882. 814.76 (15m) of the statutes is amended to read:
SB40-ASA1,1531,2
1814.76 (15m) The supplemental food enforcement surcharge under s. 253.06
249.17 (4) (c).
SB40-ASA1, s. 2883 3Section 2883. 814.80 (11) of the statutes is amended to read:
SB40-ASA1,1531,54 814.80 (11) The supplemental food enforcement surcharge under s. 253.06
549.17 (4) (c).
SB40-ASA1, s. 2884 6Section 2884. 859.07 (2) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1531,127 859.07 (2) (a) (intro.) The personal representative shall provide notice of the
8date set under s. 859.01 to the department of health and family services , the
9department of children and families,
or the department of corrections, as applicable,
10and to the county clerk of the decedent's county of residence, as defined in s. 49.001
11(6) if, at any time prior to or at the time of the decedent's death, any of the following
12applied:
SB40-ASA1, s. 2885 13Section 2885. 859.07 (2) (a) 2. of the statutes is amended to read:
SB40-ASA1,1531,1614 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the
15state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18),
16301.12, or 938.36.
SB40-ASA1, s. 2886 17Section 2886. 859.15 of the statutes is amended to read:
SB40-ASA1,1531,23 18859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11),
1949.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which
20that was barred by any statute of limitations at the time of the decedent's death. A
21claim shall not be barred by statutes of limitation which that was not barred at the
22time of the decedent's death if the claim is filed against the decedent's estate in the
23court on or before the deadline for filing a claim under s. 859.01.
SB40-ASA1, s. 2887 24Section 2887 . 885.01 (5) of the statutes is amended to read:
SB40-ASA1,1532,4
1885.01 (5) By the department of workforce development children and families
2or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145,
349.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011
4to 2029.
SB40-ASA1, s. 2888 5Section 2888 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act ....
6(this act), is amended to read:
SB40-ASA1,1532,97 885.01 (5) By the department of children and families or a county child support
8agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and,
949.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.
SB40-ASA1, s. 3772m 10Section 3772m. 885.237 (2) of the statutes is amended to read:
SB40-ASA1,1532,1811 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor
12truck having a registered weight of 8,000 pounds or less is located on a highway, as
13defined in s. 340.01 (22), and is not displaying a valid registration plates plate, a
14temporary operation plate or other evidence of registration as provided under s.
15341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an
16unregistered or improperly registered vehicle. This subsection does not apply to
17violations of ordinances enacted under s. 341.65, but this subsection does apply to
18violations of ordinances enacted under s. 341.65, 2003 stats.
SB40-ASA1, s. 2889 19Section 2889. 885.38 (3) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1532,2520 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48,
2151, 55, or 938, if
If the court determines that the person has limited English
22proficiency and that an interpreter is necessary, the court shall advise the person
23that he or she has the right to a qualified interpreter and that, if the person cannot
24afford one, an interpreter will be provided
at the public's expense if the person is one
25of the following:
SB40-ASA1, s. 2890
1Section 2890. 885.38 (8) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1533,42 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of
3providing qualified interpreters to indigent persons with limited English proficiency
4under this section shall be paid as follows:
SB40-ASA1, s. 2891 5Section 2891. 893.981 of the statutes is created to read:
SB40-ASA1,1533,7 6893.981 False claims. An action or claim under s. 20.931 shall be commenced
7within 10 years after the cause of the action or claim accrues or be barred.
SB40-ASA1, s. 2892 8Section 2892. 895.45 (1) (a) of the statutes is amended to read:
SB40-ASA1,1533,139 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s.
1046.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under
11s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
12under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
13ss. 948.02 to 948.11.
SB40-ASA1, s. 2893 14Section 2893. 895.4803 of the statutes is amended to read:
SB40-ASA1,1533,25 15895.4803 Civil liability exemption; information concerning paternity.
16Any member of the staff of a hospital who is designated by the hospital and trained
17by the department of workforce development children and families under s. 69.14 (1)
18(cm) and who in good faith provides to a child's available parents written information
19that is provided by the department of workforce development children and families
20and oral information or an audio or video presentation about the form that is
21prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance
22and benefits of, and alternatives to, establishing paternity, under the requirements
23of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in
24providing that oral information or audio or video presentation and written
25information.
Loading...
Loading...