Amendment ASA-AB150

AB150-ASA, s. 7113c Section 7113c. 767.455 (6) of the statutes is amended to read:

AB150-ASA,2190,9 767.455 (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 of health and social services under s. 46.25 49.143 (9) and listing the factors which a court may consider under s. 767.51 (5).

AB150-ASA, s. 7114j Section 7114j. 767.47 (6) (a) of the statutes is amended to read:

AB150-ASA,2190,19 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 49.19 (4) (h) 1. or 49.45 (19), 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 of health and social services 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.

AB150-ASA, s. 7115 Section 7115. 767.51 (3m) (a) of the statutes is amended to read:

AB150-ASA,2190,22 767.51 (3m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150-ASA, s. 7115r Section 7115r. 767.51 (3m) (d) 2. of the statutes is amended to read:

AB150-ASA,2191,3 767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).

AB150-ASA, s. 7116 Section 7116. 767.51 (3m) (e) 1. of the statutes is amended to read:

AB150-ASA,2191,12 767.51 (3m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

AB150-ASA, s. 7116m Section 7116m. 767.51 (4g) of the statutes is amended to read:

AB150-ASA,2191,17 767.51 (4g) 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 to the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.143 (2m).

AB150-ASA, s. 7116p Section 7116p. 767.51 (4m) of the statutes is amended to read:

AB150-ASA,2191,21 767.51 (4m) Except as provided in sub. (5), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.143 (9).

AB150-ASA, s. 7118m Section 7118m. 767.52 (1) of the statutes is amended to read:

AB150-ASA,2192,5 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

AB150-ASA, s. 7119m Section 7119m. 767.52 (2) of the statutes is amended to read:

AB150-ASA,2192,12 767.52 (2) An attorney appointed under sub. (1) who is appearing on behalf of a party in a paternity action shall represent that party, subject to the limitations under sub. (2m), in all issues and proceedings relating to the paternity determination and the initial establishment of support. The appointed attorney may not represent the party in any proceeding relating to child support, legal custody, periods of physical placement or related issues.

AB150-ASA, s. 7120m Section 7120m. 767.52 (2m) of the statutes is amended to read:

AB150-ASA,2192,23 767.52 (2m) Representation by an attorney appointed under sub. (1) shall be provided beginning at the pretrial hearing unless, as of the date of the hearing, only after the results of any blood tests that were ordered by the court have been completed and only if all of the results fail to show that the alleged father is excluded or and fail to give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child. Representation by an attorney appointed under sub. (1) shall terminate during the paternity proceeding if the results of all of the blood tests ordered by the court show that the alleged father is excluded or give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child.

AB150-ASA, s. 7121c Section 7121c. 767.52 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,2193,3 767.52 (3) An attorney responsible for support enforcement under s. 59.458 (1) or any other attorney employed under s. 46.25 49.143 or 59.07 (97) may appear in a paternity action as provided under s. 767.45 (6).

AB150-ASA, s. 7121f Section 7121f. 767.53 (2) of the statutes is amended to read:

AB150-ASA,2193,6 767.53 (2) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

AB150-ASA, s. 7125p Section 7125p. 769.201 (7) of the statutes is amended to read:

AB150-ASA,2193,11 769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and social services industry, labor and human relations under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

AB150-ASA, s. 7125r Section 7125r. 769.31 (1) of the statutes is amended to read:

AB150-ASA,2193,14 769.31 (1) The department of health and social services industry, labor and human relations is the state information agency under this chapter.

AB150-ASA, s. 7126 Section 7126. 769.316 (4) of the statutes is amended to read:

AB150-ASA,2193,22 769.316 (4) Copies of bills for testing for parentage, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under ss. 49.45 to 49.47 subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary and customary.

AB150-ASA, s. 7127m Section 7127m. 776.43 of the statutes is amended to read:

AB150-ASA,2194,5 776.43 Costs, how paid. The necessary costs and disbursements incurred in bringing and prosecuting such action by the attorney general, in the name of the state, shall, when certified to by the attorney general, be audited by the department of administration and paid out of the state treasury. The receiver in any such action, or the attorney general in case such moneys are delivered to the attorney general by the receiver, shall repay to the state treasurer secretary of administration any money advanced by the state on account of such costs and disbursements.

AB150-ASA, s. 7128e Section 7128e. 778.135 of the statutes is amended to read:

AB150-ASA,2194,11 778.135 Elections board forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections board under s. 5.05 (1) (c) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the board and deposited with the state treasurer secretary of administration.

AB150-ASA, s. 7128m Section 7128m. 778.136 of the statutes is amended to read:

AB150-ASA,2194,18 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics board or attorney general in settlement of a civil action or other civil matter for violation of the lobbying law or code of ethics for state public officials and employes under s. 19.545, the moneys shall accrue to the state and be deposited with the state treasurer secretary of administration.

AB150-ASA, s. 7128s Section 7128s. 778.17 of the statutes is amended to read:

AB150-ASA,2195,4 778.17 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer during the year next preceding from town, village and city treasurers under this chapter, containing the names of such treasurers, the amount received from each and date of receipt. The county clerk shall deduct all expenses incurred by the county in recovering such forfeitures from the aggregate amount so received, and shall immediately certify to the county treasurer the amount of clear proceeds of such forfeitures, so ascertained, who shall pay the same to the state treasurer secretary of administration.

AB150-ASA, s. 7129e Section 7129e. 779.93 (title) of the statutes is amended to read:

AB150-ASA,2195,7 779.93 (title) Duties of the department of justice agriculture, trade and consumer protection.

AB150-ASA, s. 7129m Section 7129m. 779.93 (1) of the statutes is amended to read:

AB150-ASA,2195,13 779.93 (1) The department of justice agriculture, trade and consumer protection shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of justice agriculture, trade and consumer protection may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

AB150-ASA, s. 7129s Section 7129s. 779.93 (2) (intro.) of the statutes is amended to read:

AB150-ASA,2195,17 779.93 (2) (intro.) The department of justice agriculture, trade and consumer protection may in behalf of the state or in behalf of any person who holds a prepaid maintenance lien:

AB150-ASA, s. 7135 Section 7135. 779.97 (4) (b) 2. of the statutes is amended to read:

AB150-ASA,2196,3 779.97 (4) (b) 2. If a certificate of release is presented to the secretary of state for filing, the secretary shall cause the certificate to be marked, held and indexed in accordance with s. 409.404 as if the certificate were a termination statement within the meaning of chs. 401 to 411, and the secretary may remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files at any time after receipt of the certificate of release, but the secretary of state shall keep the certificate of release or a microfilm or other photographic record or optical disk or electronic record of the certificate of release in a file, separate from those containing currently effective notices of liens, for a period of 30 years after the date of filing of the certificate of release.

AB150-ASA, s. 7139 Section 7139. 779.97 (4) (c) 2. of the statutes is amended to read:

AB150-ASA,2196,15 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the secretary of state, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

AB150-ASA, s. 7140m Section 7140m. 799.01 (1) (c) of the statutes is amended to read:

AB150-ASA,2196,18 799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $4,000 $5,000.

AB150-ASA, s. 7140p Section 7140p. 799.01 (1) (d) (intro.) of the statutes is amended to read:

AB150-ASA,2196,21 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount claimed is $4,000 $5,000 or less, if the actions or proceedings are:

AB150-ASA, s. 7140r Section 7140r. 799.01 (2) of the statutes is amended to read:

AB150-ASA,2197,2 799.01 (2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $4,000 $5,000 or less. This chapter is not the exclusive procedure for those actions.

AB150-ASA, s. 7141r Section 7141r. 802.04 (1) of the statutes is amended to read:

AB150-ASA,2197,19 802.04 (1) Caption. Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains cross-claims or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).

AB150-ASA, s. 7142 Section 7142. 803.03 (2) (a) of the statutes is amended to read:

AB150-ASA,2198,9 803.03 (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. 49.65 (2) or (3) 49.89 (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.

AB150-ASA, s. 7144 Section 7144. 812.30 (9) of the statutes is amended to read:

AB150-ASA,2198,15 812.30 (9) "Need-based public assistance" means aid to families with dependent children, general relief funded by a relief block grant under ch. 49, relief to needy Indian persons provided by counties under s. 59.07 (154), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB150-ASA, s. 7144m Section 7144m. 812.42 (2) (c) of the statutes is amended to read:

AB150-ASA,2198,24 812.42 (2) (c) In addition to the $15 garnishee fee, the garnishee shall receive a $3 fee for each payment delivered to the creditor under s. 812.39 after the first payment. That additional fee shall be deducted from the moneys delivered to the creditor. Those fees become part of the funds of the state if the department of administration is the garnishee, or funds of the appropriate governmental subdivision if any other governmental entity is the garnishee. The judgment creditor shall pay the initial garnishee fee to the treasurer of the state or other secretary of administration or treasurer of the governmental subdivision, as applicable.

AB150-ASA, s. 7145 Section 7145. 812.44 (4) of the statutes is amended to read:

AB150-ASA,2199,2 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35 (4) shall be in substantially the following form:

AB150-ASA,2199,3 STATE OF WISCONSIN

AB150-ASA,2199,4 CIRCUIT COURT:.... County

AB150-ASA,2199,6 A.B., Creditor

AB150-ASA,2199,7 vs. File or Reference Number....

AB150-ASA,2199,8 C.D., Debtor EXEMPTION NOTICE

AB150-ASA,2199,9 and EARNINGS GARNISHMENT

AB150-ASA,2199,10 E.F., Garnishee

AB150-ASA,2199,12 To the debtor:

AB150-ASA,2199,17 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., 19.. That judgment not having been fully paid, the creditor has now filed a garnishment proceeding against your earnings from the garnishee. This means that the creditor is seeking to take some of your earnings to satisfy part or all of the judgment against you or your spouse.

AB150-ASA,2199,18 The total amount of the creditor's claim is as follows:

AB150-ASA,2199,19 Unpaid balance on judgment $....

AB150-ASA,2199,20 Unpaid postjudgment interest $....

AB150-ASA,2199,21 Costs:

AB150-ASA,2199,22 a. Garnishment filing fee $....

AB150-ASA,2199,23 b. Garnishee fee $....

AB150-ASA,2199,24 c. Service of process (estimate) $....

AB150-ASA,2199,25 TOTAL $....

AB150-ASA,2200,3 By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

AB150-ASA,2200,4 Your earnings are completely exempt from garnishment if:

AB150-ASA,2200,7 1. Your household income is below the federal poverty level, or this garnishment would cause that to happen. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

AB150-ASA,2200,13 2. You receive aid to families with dependent children, general relief funded by a relief block grant under ch. 49, relief to needy Indian persons provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB150-ASA,2200,15 3. At least 25% of your disposable earnings are assigned by court order for support.

AB150-ASA,2200,18 If you qualify for a complete exemption, you must give or mail a copy of the enclosed debtor's answer form to the garnishee in order to receive that increased exemption.