SB400: Bill Text

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.

SB400, s. 435 Section 435. 767.85 (2) of the statutes is amended to read:

SB400,167,2 767.85 (2) Considerations. Before making any temporary order under sub. (1), the court shall consider those factors that the court is required to consider when granting a final judgment on the same subject matter. 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. 436 Section 436. 767.853 (2) of the statutes is amended to read:

SB400,167,10 767.853 (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 49.811 and 59.53 (5), regardless of whether the department or county child support agency is a party to the proceeding.

SB400, s. 437 Section 437. 767.863 (2) of the statutes is amended to read:

SB400,167,21 767.863 (2) Order for tests. If at the first appearance it appears from a sufficient petition or affidavit of the child's mother or an alleged father or from sworn testimony of the child's mother or an alleged father that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.84. 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 genetic test under this subsection unless a party requests additional tests under s. 767.84 (2).

SB400, s. 438 Section 438. 767.87 (1) (c) of the statutes is amended to read:

SB400,167,23 767.87 (1) (c) Genetic test results under s. 49.225 49.817, 767.84, or 885.23.

SB400, s. 439 Section 439. 767.893 (2) (b) 2. of the statutes is amended to read:

SB400,168,4 767.893 (2) (b) 2. The alleged father who fails to appear has had genetic tests under s. 49.225 49.817 or 767.84 showing that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0 percent or higher.

SB400, s. 440 Section 440. 802.10 (1) of the statutes is amended to read:

SB400,168,11 802.10 (1) Application. This section applies to all actions and special proceedings except appeals taken to circuit court; actions seeking the remedy available by certiorari, habeas corpus, mandamus, prohibition, and quo warranto; actions in which all defendants are in default; provisional remedies; and actions under ss. 49.90 49.039 and s. 66.0114 and chs. 48, 54, 102, 108, 227, 348, 767, 778, 799 and 812, and proceedings under chs. 851 to 882.

SB400, s. 441 Section 441. 803.03 (2) (a) and (bm) of the statutes are amended to read:

SB400,169,2 803.03 (2) (a) Joinder of related claims. A party asserting a claim for affirmative relief shall join as parties to the action all persons who at the commencement of the action have claims based upon subrogation to the rights of the party asserting the principal claim, derivation from the principal claim, or assignment of part of the principal claim. For purposes of this section, a person's right to recover for loss of consortium shall be deemed a derivative right. Any public assistance recipient or any estate of such a recipient asserting a claim against a 3rd party for which the public assistance provider has a right of subrogation or assignment under s. 49.89 49.037 (2) or (3) shall join the provider as a party to the claim. Any party asserting a claim based upon subrogation to part of the claim of another, derivation from the rights or claim of another, or assignment of part of the rights or claim of another shall join as a party to the action the person to whose rights the party is subrogated, from whose claim the party derives his or her rights or claim, or by whose assignment the party acquired his or her rights or claim.

SB400,169,10 (bm) Joinders because of implication of medical assistance. If the department of health services is joined as a party pursuant to par. (a) and s. 49.89 49.037 (2) because of the provision of benefits under subch. IV of ch. 49, the department of health services need not sign a waiver of the right to participate in order to have its interests represented by the party that caused the joinder. If the department of health services makes no selection under par. (b), the party causing the joinder shall represent the interests of the department of health services and the department of health services shall be bound by the judgment in the action.

SB400, s. 442 Section 442. 812.30 (9) of the statutes is amended to read:

SB400,169,17 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

SB400, s. 443 Section 443. 812.44 (4) 2. (form) of the statutes is amended to read:

SB400,169,25 812.44 (4) 2. (form) You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

SB400, s. 444 Section 444. 812.44 (5) 2. (form) of the statutes is amended to read:

SB400,170,7 812.44 (5) 2. (form) I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

SB400, s. 445 Section 445. 813.12 (5) (b) of the statutes is amended to read:

SB400,170,10 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms provided under s. 49.165 49.217 (3) (c) to help a person file a petition.

SB400, s. 446 Section 446. 814.03 (3) of the statutes is amended to read:

SB400,170,16 814.03 (3) Notwithstanding subs. (1) and (2), where the department of health services or a county is joined as a plaintiff pursuant to ss. 49.89 49.037 (2) and 803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, the department of health services or the county shall not be liable for costs to any prevailing defendant.

SB400, s. 447 Section 447. 814.29 (1) (d) 1. of the statutes is amended to read:

SB400,170,23 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance Medical Assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

SB400, s. 448 Section 448. 815.18 (13) (a) of the statutes is amended to read:

SB400,170,25 815.18 (13) (a) Assistance benefits exempt under s. 49.96 49.043.

SB400, s. 449 Section 449. 859.07 (2) (a) 2. of the statutes is amended to read:

SB400,171,4 859.07 (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 49.06 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB400, s. 450 Section 450. 859.15 of the statutes is amended to read:

SB400,171,11 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08, 49.195 (1), 49.345 (11), 49.808, and 301.12 (11), a claim shall not be allowed 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 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.

SB400, s. 451 Section 451. 885.01 (5) of the statutes is amended to read:

SB400,171,16 885.01 (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, 49.47, and 49.471, and 49.811 and programs carrying out the purposes of 7 USC 2011 to 2029 2036.

SB400, s. 452 Section 452. 895.45 (1) (a) of the statutes is amended to read:

SB400,171,22 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 49.165 49.217 (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.

SB400, s. 453 Section 453. 938.30 (6) (b) of the statutes is amended to read:

SB400,172,8 938.30 (6) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 454 Section 454. 938.31 (7) (b) of the statutes is amended to read:

SB400,172,19 938.31 (7) (b) If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide the statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 455 Section 455. 938.357 (5m) (a) of the statutes is amended to read:

SB400,173,6 938.357 (5m) (a) If a proposed change in placement would change a juvenile's placement from a placement in the juvenile's home to a placement outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court or the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors under s. 301.12 (14) (c). If the juvenile is placed outside the juvenile's home, the court shall determine the liability of the parent in the manner provided in s. 301.12 (14).

SB400, s. 456 Section 456. 938.36 (1) (b) of the statutes is amended to read:

SB400,173,17 938.36 (1) (b) In determining the amount of support under par. (a), 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 of children and families, or the county child support agency, under s. 59.53 (5). If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

SB400, s. 457 Section 457. 938.363 (1) (c) of the statutes is amended to read:

SB400,174,2 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of the income, assets, debts, and living expenses of the juvenile and the juvenile's parent to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide that statement a document setting forth the percentage standard established by the department of children and families under s. 49.22 49.811 (9) and listing the factors that a court may consider under s. 301.12 (14) (c).

SB400, s. 458 Section 458 . 946.90 (title) of the statutes is created to read:

SB400,174,4 946.90 (title) Wisconsin Works fraud.

SB400, s. 459 Section 459. 946.90 (1) of the statutes is created to read:

SB400,174,6 946.90 (1) In this section:

SB400,174,8 (a) "Provider" means a Wisconsin Works agency or a person that contracts with a Wisconsin Works agency to provide services to a participant in Wisconsin Works.

SB400,174,10 (b) "Wisconsin Works" means the assistance program for families with dependent children, administered under ss. 49.141 to 49.161.

SB400,174,11 (c) "Wisconsin Works agency" has the meaning given in s. 49.001 (9).

SB400, s. 460 Section 460 . 946.90 (2) of the statutes is created to read:

SB400,174,14 946.90 (2) Whoever does any of the following is guilty of a Class A misdemeanor:

SB400,174,17 (a) Intentionally makes or causes to be made any false statement or representation of a material fact in any application for or receipt of any Wisconsin Works benefit or payment.

SB400,174,22 (b) Having knowledge of the occurrence of any event affecting the initial or continued eligibility for a Wisconsin Works benefit or payment under Wisconsin Works, conceals or fails to disclose that event with an intent to fraudulently secure a Wisconsin Works benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized.

SB400, s. 461 Section 461 . 946.91 (title), (1) and (2) (intro.) of the statutes are created to read:

SB400,174,25 946.91 (title) Medical Assistance fraud. (1) In this section:

SB400,175,3 (a) "Facility" means a nursing home or a community-based residential facility that is licensed under s. 50.03 and that is certified by the department of health services as a provider of aid under Medical Assistance.

SB400,175,5 (b) "Medical Assistance" means the program providing aid under subch. IV of ch. 49, except ss. 49.468 and 49.471.

SB400,175,8 (c) "Provider" means a person, corporation, limited liability company, partnership, incorporated business, or professional association, and any agent or employee thereof, who provides services under Medical Assistance.

SB400,175,11 (2) (intro.) Whoever does any of the following is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000:

SB400, s. 462 Section 462 . 946.92 (1) (e) and (3) (a) (intro.) of the statutes are created to read:

SB400,175,14 946.92 (1) (e) "Supplemental nutrition assistance program" has the meaning given in s. 49.79 (1) (fg).

SB400,175,15 (3) (a) (intro.) If a person violates sub. (2), any of the following applies:

SB400, s. 463 Section 463. 946.93 of the statutes is created to read:

SB400,175,18 946.93 Public assistance fraud. (1) In this section, "public assistance" means any aid, benefit, or services provided under ch. 49.

SB400,175,21 (2) Whoever intentionally makes or causes to be made any false statement or representation of material fact in any application for or receipt of public assistance is guilty of a Class H felony.

SB400,175,22 (3) No person may do any of the following:

SB400,176,2 (a) Having knowledge of an event affecting the initial or continued eligibility for public assistance, conceal or fail to disclose that event with an intent to fraudulently secure public assistance, including payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized.

SB400,176,5 (b) Receive any income or assets and fail to notify the public assistance agency within 10 days after receiving the income or assets, unless a different time period is required under the applicable public assistance program.

SB400,176,9 (c) Fail to notify the public assistance agency within 10 days of any change in circumstances for which notification by the recipient must be provided under law, unless a different time period is required under the applicable public assistance program.

SB400,176,12 (d) Receive a voucher under a public assistance program for goods or services and use the funding granted under the voucher for purposes that are not authorized by the public assistance agency.

SB400,176,13 (e) If a person violates par. (a), (b), (c), or (d), any of the following applies: