AB39: Bill Text

LRB-0210/1

PJK:jld:rs

2007 - 2008 LEGISLATURE

2007 Assembly BILL 39

January 30, 2007 - Introduced by Representatives Seidel, Gundrum, Albers, Jeskewitz, Kessler, Kreuser, LeMahieu, Molepske, Mursau, Nelson, Newcomer, Sheridan, Steinbrink, Turner, A. Ott and Hraychuck, cosponsored by Senators Taylor, Grothman, Kedzie, Lassa, Lazich, Olsen and Cowles. Referred to Committee on Children and Family Law.

AB39,1,3 An Act to repeal and recreate 767.853 (2) of the statutes; relating to: allowing access to pending paternity proceeding information for purposes of administering the child support establishment program.

Analysis by the Legislative Reference Bureau

Under current law, the record of a pending paternity action is confidential, except that the child's parents and the parties to the action and their attorneys may have access to the record, and additional specified persons may have access if the child is the subject of another type of proceeding, such as a juvenile guardianship or delinquency action. For purposes related to the child and spousal support and establishment of paternity and medical support liability program (program), which is administered by the Department of Workforce Development (DWD) in conjunction with county child support agencies, DWD and county child support agencies may obtain information from the clerk of circuit court on a case-by-case basis about any pending paternity action in which DWD or the county child support agency is a party. DWD and county child support agencies, however, are not allowed general access to the Web site that is maintained through the Wisconsin Supreme Court's Consolidated Court Automation Programs case management system and that contains information about all pending paternity actions.

This bill authorizes DWD and county child support agencies to have statewide access to the records of all pending paternity actions for purposes related to administering the program, regardless of whether DWD or a county child support agency is a party to the action to which a record relates.

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:

AB39, s. 1 Section 1. 767.853 (2) of the statutes is repealed and recreated to read:

AB39,2,8 767.853 (2) Information access to department and child support agencies. The clerk of circuit court shall provide access to the record of any pending paternity proceeding to the department or any county child support agency under s. 59.53 (5) for purposes related to administering the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), regardless of whether the department or county child support agency is a party to the proceeding.

AB39,2,9 (End)