SB400: Bill Text

SB400,152,24 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in ss. 301.03 (14) and 301.46, except as needed for law enforcement purposes and except to provide, in response to a request for information under s. 49.22 49.811 (2m) made by the department of children and families or a county child support agency under s. 59.53 (5), the name and address of an individual registered under this section, the name and address of the individual's employer, and financial information related to the individual.

SB400, s. 398 Section 398. 302.372 (2) (b) of the statutes is amended to read:

SB400,153,17 302.372 (2) (b) Before seeking any reimbursement under this section, the county shall provide a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the social security number of the prisoner, the age and marital status of a prisoner, the number and ages of children of a prisoner, the number and ages of other dependents of a prisoner, the income of a prisoner, type and value of real estate owned by a prisoner, type and value of personal property owned by a prisoner, the prisoner's cash and financial institution accounts, type and value of the prisoner's investments, pensions, and annuities, and any other personalty of significant cash value owned by a prisoner. The county shall use the form whenever investigating the financial status of prisoners. The information on a completed form is confidential and not open to public inspection or copying under s. 19.35 (1), except that the county shall provide the name and address of an individual, the name and address of the individual's employer , and financial information related to the individual from a form completed under this paragraph in response to a request for information under s. 49.22 49.811 (2m) made by the department of children and families or a county child support agency under s. 59.53 (5).

SB400, s. 399 Section 399. 341.51 (4g) (b) of the statutes is amended to read:

SB400,153,23 341.51 (4g) (b) The department of transportation may not disclose any information obtained under sub. (4) (am) or (ar) to any person except to the department of children and families for the sole purpose of administering s. 49.22 49.811 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB400, s. 400 Section 400. 342.06 (1) (eg) of the statutes is amended to read:

SB400,154,6 342.06 (1) (eg) Except as provided in par. (eh), if the applicant is an individual, the social security number of the applicant. The department of transportation may not disclose a social security number obtained under this paragraph to any person except to the department of children and families for the sole purpose of administering s. 49.22 49.811 and to the department of revenue for the purposes of administering state taxes and collecting debt.

SB400, s. 401 Section 401. 343.14 (2j) of the statutes is amended to read:

SB400,154,13 343.14 (2j) Except as otherwise required to administer and enforce this chapter, the department of transportation may not disclose a social security number obtained from an applicant for a license under sub. (2) (bm) to any person except to the department of children and families for the sole purpose of administering s. 49.22 49.811, to the department of revenue for the purposes of administering state taxes and collecting debt, or to the driver licensing agency of another jurisdiction.

SB400, s. 402 Section 402. 343.305 (6) (e) 3. b. of the statutes is amended to read:

SB400,154,18 343.305 (6) (e) 3. b. The licensor may not disclose any information received under subd. 2. a. or b. except to the department of children and families for purposes of administering s. 49.22 49.811 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB400, s. 403 Section 403. 343.50 (8) (b) of the statutes is amended to read:

SB400,155,8 343.50 (8) (b) The department may not disclose any record or other information concerning or relating to an applicant or identification card holder to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, a procurement organization as provided in sub. (4m) (a), the applicant or identification card holder or, if the applicant or identification card holder is under 18 years of age, his or her parent or guardian. Except for photographs for which disclosure is authorized under s. 343.237, persons entitled to receive any record or other information under this paragraph shall not disclose the record or other information to other persons or agencies. This paragraph does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer , or of financial information that relates to a person when requested under s. 49.22 49.811 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).

SB400, s. 404 Section 404. 343.61 (2) (b) of the statutes is amended to read:

SB400,155,14 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of children and families for purposes of administering s. 49.22 49.811 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB400, s. 405 Section 405. 343.62 (2) (b) of the statutes is amended to read:

SB400,155,20 343.62 (2) (b) The department of transportation may not disclose a social security number obtained under par. (a) to any person except to the department of children and families for the sole purpose of administering s. 49.22 49.811 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

SB400, s. 406 Section 406. 349.19 of the statutes is amended to read:

SB400,156,5 349.19 Authority to require accident reports. Any city, village, town, or county may by ordinance require the operator of a vehicle involved in an accident to file with a designated municipal department or officer a report of such accident or a copy of any report required to be filed with the department. All such reports are for the confidential use of such department or officer and are otherwise subject to s. 346.73, except that this section does not prohibit the disclosure of a person's name or address, of the name or address of a person's employer, or of financial information that relates to a person when requested under s. 49.22 49.811 (2m) to the department of children and families or a county child support agency under s. 59.53 (5).

SB400, s. 407 Section 407. 440.03 (11m) (c) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,156,13 440.03 (11m) (c) The department of safety and professional services may not disclose a social security number obtained under par. (a) to any person except the coordinated licensure information system under s. 441.50 (7); the department of children and families for purposes of administering s. 49.22 49.811; and, for a social security number obtained under par. (a) 1., the department of revenue for the purpose of requesting certifications under s. 73.0301 and administering state taxes.

SB400, s. 408 Section 408. 440.43 (5) of the statutes is amended to read:

SB400,156,20 440.43 (5) Department disclosure. The department shall not disclose information under sub. (4) (c) 1. except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 49.811 (2m), disclose information regarding the name, address or employer of or financial information related to an individual to the department of children and families or a county child support agency under s. 59.53 (5).

SB400, s. 409 Section 409. 440.44 (10) of the statutes is amended to read:

SB400,157,2 440.44 (10) Nondisclosure. The department may not disclose information under sub. (9) (a) 1. to any person except to the extent necessary for investigative or law enforcement purposes and except that the department may, if requested under s. 49.22 49.811 (2m), disclose information regarding the name, address or employer of, or financial information related to an individual to the department of children and families or a county child support agency under s. 59.53 (5).

SB400, s. 410 Section 410. 440.92 (6) (d) of the statutes is amended to read:

SB400,157,9 440.92 (6) (d) All records described under pars. (b) 2. and (c) and maintained by the board are confidential and are not available for inspection or copying under s. 19.35 (1). This paragraph does not apply to any information regarding the name, address or employer of, or financial information related to an individual that is requested under s. 49.22 49.811 (2m) by the department of children and families or a county child support agency under s. 59.53 (5).

SB400, s. 411 Section 411. 461.02 (9) (bm) 3. of the statutes is amended to read:

SB400,157,16 461.02 (9) (bm) 3. The requester is the department of children and families or a county child support agency under s. 59.53 (5), the request is made under s. 49.22 49.811 (2m), and the request is limited to the name, home address, and business address of the applicant, registrant, or controlling person who is the subject of the request and any financial information about the applicant, registrant, or controlling person contained in the record.

SB400, s. 412 Section 412. 562.05 (8m) (a) of the statutes is amended to read:

SB400,157,21 562.05 (8m) (a) If the applicant for any license is an individual, the department shall disclose his or her social security number to the department of children and families for the purpose of administering s. 49.22 49.811 and to the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB400, s. 413 Section 413. 563.28 (2) of the statutes is amended to read:

SB400,157,25 563.28 (2) The department shall disclose the social security number of any applicant for a supplier's license to the department of children and families for the purpose of administering s. 49.22 49.811.

SB400, s. 414 Section 414. 628.095 (4) (a) of the statutes is amended to read:

SB400,158,5 628.095 (4) (a) The commissioner shall disclose a social security number obtained under sub. (1) or (3) to the department of children and families in the administration of s. 49.22 49.811, as provided in a memorandum of understanding entered into under s. 49.857.

SB400, s. 415 Section 415. 632.69 (2) (c) of the statutes is amended to read:

SB400,158,23 632.69 (2) (c) The commissioner may not issue a license under this subsection unless the applicant provides his or her social security number or its federal employer identification number or, if the applicant does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. An applicant who is providing a statement that he or she does not have a social security number, shall provide that statement along with the application for a license on a form prescribed by the department of children and families. A licensee shall provide to the commissioner the licensee's social security number, statement the licensee does not have the social security number, or federal employment identification number of the licensee at the time that the annual license renewal fee is paid, if not previously provided. The commissioner shall disclose a social security number obtained from an applicant or licensee to the department of children and families in the administration of s. 49.22 49.811, as provided in a memorandum of understanding entered into under s. 49.857. The commissioner may disclose the social security number or federal employment identification number of an applicant or licensee to the department of revenue for the purpose of requesting certifications under s. 73.0301.

SB400, s. 416 Section 416. 633.14 (2c) (a) of the statutes is amended to read:

SB400,159,4 633.14 (2c) (a) The commissioner shall disclose a social security number obtained under sub. (1) (d) to the department of children and families in the administration of s. 49.22 49.811, as provided in a memorandum of understanding entered into under s. 49.857.

SB400, s. 417 Section 417. 751.15 (2) of the statutes is amended to read:

SB400,159,15 751.15 (2) The supreme court is requested to promulgate rules that require each person who has a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number, that require each person who does not have a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with a statement made or subscribed under oath or affirmation on a form prescribed by the department of children and families that the person does not have a social security number, and that prohibit the disclosure of that number to any person except the department of children and families for the purpose of administering s. 49.22 49.811.

SB400, s. 418 Section 418. 767.127 (4) of the statutes is amended to read:

SB400,159,21 767.127 (4) Failure to timely file. If either party fails timely to file a complete disclosure statement as required by this section, the court may accept as accurate any information provided in the statement of the other party or obtained under s. 49.22 49.811 (2m) by the department or the county child support agency under s. 59.53 (5).

SB400, s. 419 Section 419. 767.205 (2) (a) 1. and 2. and (b) 1. and 2. of the statutes are amended to read:

SB400,160,3 767.205 (2) (a) 1. An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 49.22 49.811 or whenever s. 767.80 (6m) or (6r) applies.

SB400,160,6 2. An action to establish or enforce a child support or maintenance obligation whenever there is a completed application for legal services filed with the child support program under s. 49.22 49.811.

SB400,160,11 (b) 1. Except as provided in subd. 2., in any action affecting the family under a child support enforcement program, an attorney acting under s. 49.22 49.811 or 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in par. (a) do not create an attorney-client relationship with any other party.

SB400,160,14 2. Subdivision 1. does not apply to an attorney who is employed by the department under s. 49.22 49.811 or a county under s. 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

SB400, s. 420 Section 420. 767.215 (1) (b) and (2m) (a) 2. of the statutes are amended to read:

SB400,160,19 767.215 (1) (b) The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400,160,23 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400, s. 421 Section 421. 767.225 (1n) (b) 1. of the statutes is amended to read:

SB400,161,4 767.225 (1n) (b) 1. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 49.811 (9), the court shall comply with the requirements of s. 767.511 (1n).

SB400, s. 422 Section 422. 767.241 (1) (b) of the statutes is amended to read:

SB400,161,9 767.241 (1) (b) If one party receives services under s. 49.22 49.811 or services provided by the state or county as a result of an assignment of income under s. 49.19, order the other party to pay any fee chargeable under s. 49.22 49.811 (6) or the cost of services rendered by the state or county under s. 49.19.

SB400, s. 423 Section 423. 767.241 (3) of the statutes is amended to read:

SB400,161,13 767.241 (3) To whom paid. The court may order that the amount be paid directly to the attorney or to the state or the county providing services under s. 49.22 or 49.19 or 49.811, who may enforce the order in its name.

SB400, s. 424 Section 424. 767.407 (1) (c) 1. of the statutes is amended to read:

SB400,161,19 767.407 (1) (c) 1. Aid is provided under s. 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 49.811 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB400, s. 425 Section 425. 767.407 (1) (c) 2. of the statutes is amended to read:

SB400,161,24 767.407 (1) (c) 2. An application for legal services has been filed with the child support program under s. 49.22 49.811 on behalf of the child, but the state and its delegate under s. 49.22 49.811 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB400, s. 426 Section 426. 767.511 (1g) and (1j) of the statutes are amended to read:

SB400,162,5 767.511 (1g) Consideration of financial information. In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 49.811 (2m) to the department or the county child support agency under s. 59.53 (5).

SB400,162,8 (1j) Percentage standard generally required. Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department under s. 49.22 49.811 (9).

SB400, s. 427 Section 427. 767.521 (intro.) of the statutes is amended to read:

SB400,162,15 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 49.811 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

SB400, s. 428 Section 428. 767.55 (2) (am) (intro.) and 1m. and (c) of the statutes are amended to read:

SB400,162,24 767.55 (2) (am) (intro.) In an action for modification of a child support order under s. 767.59, an action in which an order for child support is required under s. 767.511 (1), 767.805 (4), or 767.89 (3), or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 49.163 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 49.163 if all of the following conditions are met:

SB400,163,4 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 49.36 49.163 and that county agrees to enroll the parent in the program.

SB400,163,14 (c) If the court enters an order under par. (am), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 49.811 (9) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 49.163 for 16 weeks, whichever occurs first. The court shall provide in its order that the parent shall make child support payments calculated under s. 767.511 (1j) or (1m) after the obligation to make payments ordered under this paragraph ceases.

SB400, s. 429 Section 429. 767.553 (1) (a) and (b) of the statutes are amended to read:

SB400,163,21 767.553 (1) (a) An order for child or family support under this chapter may provide for an annual adjustment in the amount to be paid based on a change in the payer's income if the amount of child or family support is expressed in the order as a fixed sum and based on the percentage standard established by the department under s. 49.22 49.811 (9). No adjustment may be made under this section unless the order provides for the adjustment.

SB400,163,24 (b) An adjustment under this section may not be made more than once in a year and shall be determined on the basis of the percentage standard established by the department under s. 49.22 49.811 (9).

SB400, s. 430 Section 430. 767.59 (1f) (b) 4. and (c) 1. and (2) (a) of the statutes are amended to read:

SB400,164,9 767.59 (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 49.811 (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.

SB400,164,15 (c) 1. Unless the amount of child support is expressed in the judgment or order as a percentage of parental income, a change in the payer's income, evidenced by information received under s. 49.22 49.811 (2m) by the department or the county child support agency under s. 59.53 (5) or by other information, from the payer's income determined by the court in its most recent judgment or order for child support, including a revision of a child support order under this section.

SB400,164,18 (2) (a) Except as provided in par. (b) or (c), if the court revises a judgment or order with respect to child support payments, it shall do so by using the percentage standard established by the department under s. 49.22 49.811 (9).

SB400, s. 431 Section 431. 767.80 (1) (j), (5) (b) and (7) of the statutes are amended to read:

SB400,164,22 767.80 (1) (j) A parent of a person listed under par. (b), (c) or (d), if the parent is liable or is potentially liable for maintenance of a child of a dependent person under s. 49.90 49.039 (1) (a) 2.

SB400,165,9 (5) (b) An action under this section may be joined with any other action for child support and is governed by the procedures specified in s. 767.205 relating to child support, except that the title of the action shall be "In re the paternity of A.B." The petition shall state the name and date of birth of the child if born or that the mother is pregnant if the child is unborn, the name of any alleged father, whether or not an action by any of the parties to determine the paternity of the child or rebut the presumption of paternity to the child has at any time been commenced, or is pending before any court, in this state or elsewhere. If a paternity judgment has been rendered, or if a paternity action has been dismissed, the petition shall state the court that rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party's right to request a genetic test under s. 49.225 49.817 or 767.84.

SB400,165,14 (7) Clerk to provide document. The clerk of court shall provide without charge to each person bringing an action under this section, except to the state under sub. (1) (g) or (6m), a document setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400, s. 432 Section 432. 767.813 (6) of the statutes is amended to read:

SB400,165,19 767.813 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 767.511 (1m).

SB400, s. 433 Section 433. 767.83 (3) of the statutes is amended to read:

SB400,165,24 767.83 (3) Appearance by state's attorney not affected. This section does not prevent an attorney responsible for support enforcement under s. 59.53 (6) (a) or any other attorney employed under s. 49.22 49.811 or 59.53 (5) from appearing in any paternity action as provided under s. 767.80 (6).

SB400, s. 434 Section 434. 767.84 (1) (a), (1m) and (5) (b) of the statutes are amended to read:

SB400,166,11 767.84 (1) (a) The court may, and upon request of a party shall, require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary. The court is not required to order a person who has undergone a genetic test under s. 49.225 49.817 to submit to another test under this paragraph unless a party requests additional tests under sub. (2).

SB400,166,15 (1m) Rebuttable presumption. If genetic tests ordered under this section or s. 49.225 49.817 show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, the alleged father shall be rebuttably presumed to be the child's parent.

SB400,166,20 (5) (b) If 2 or more identical series of genetic tests are performed upon the same person, regardless of whether the tests were ordered under this section or s. 49.225 49.817 or 767.863 (2), the court shall require the person requesting the 2nd or subsequent series of tests to pay for the series in advance, unless the court finds that the person is indigent.