Amendment ASA2-AB651

AB651-ASA2,69,14 2. If at a hearing under subd. 1. the court or family court commissioner finds that the individual does not owe delinquent support, or if within 20 business days after receiving a notice under par. (a) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development shall not place the individual's name on a certification list.

AB651-ASA2,69,21 3. If at a hearing under subd. 1. the court or family court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or family court commissioner may order for the individual an alternative payment arrangement. If the court or family court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.

AB651-ASA2,70,2 (am) If an individual, after receiving notice under par. (a), does not timely request a hearing or pay the delinquent amount of support or make satisfactory alternative payment arrangements, the department of workforce development shall place the individual's name on a certification list. Thereafter, the department of workforce development or a child support agency shall provide a 2nd notice to the individual by regular mail that informs the individual of all of the following:

AB651-ASA2,70,5 1. That the individual's name has been placed on a certification list, which will be provided to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.

AB651-ASA2,70,6 2. When the certification will be made.

AB651-ASA2,70,12 3. That, upon certification, for a period of 5 years any license that the individual holds from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will not be granted or issued.

AB651-ASA2,70,17 4. That the certification will not be made if the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements with the department of workforce development or a child support agency. The notice shall inform the individual of how he or she may pay the delinquent amount or make satisfactory alternative payment arrangements.

AB651-ASA2,70,21 5. That, within 20 business days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments. The request shall be in writing and the individual shall mail or deliver a copy of the request to the child support agency.

AB651-ASA2,71,3 (ar) 1. If an individual timely requests a hearing under par. (am) 5., the court shall schedule a hearing within 10 business days after receiving the request. The family court commissioner may conduct the hearing. The only issues at the hearing shall be whether the individual is delinquent in making court-ordered payments of support and whether any alternative payment arrangement offered by the department of workforce development or the county child support agency is reasonable.

AB651-ASA2,71,8 2. If at a hearing under subd. 1. the court or family court commissioner finds that the individual does not owe delinquent support, or if within 20 business days after receiving a notice under par. (am) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of workforce development shall remove the individual's name from the certification list.

AB651-ASA2,71,15 3. If at a hearing under subd. 1. the court or family court commissioner makes a written determination that alternative payment arrangements proposed by the department of workforce development or a child support agency are not reasonable, the court or family court commissioner may order for the individual an alternative payment arrangement. If the court or family court commissioner orders an alternative payment arrangement, the department of workforce development may not place the individual's name on a certification list.

AB651-ASA2,71,24 (b) Any subpoena or warrant shall include notice to the individual of the effect that a failure to comply with the subpoena or warrant may have on any license that the individual holds or for which the individual applies. If the individual fails to comply, before the department of workforce development certifies to a licensing authority or a licensing agency under the system established under sub. (2) that an individual has failed to comply with a subpoena or warrant, the department of workforce development or a child support agency shall provide notice to the individual by regular mail. The notice shall inform the individual of all of the following:

AB651-ASA2,72,3 1. That a certification of the failure to comply with a subpoena or warrant will be made to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.

AB651-ASA2,72,4 2. When the certification under subd. 1. will occur.

AB651-ASA2,72,10 3. That, upon certification, for a period of 6 months any license that the individual holds from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will be restricted, limited, suspended or not renewed or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from any licensing authority if the licensing authority agrees, will not be granted or issued.

AB651-ASA2,72,13 4. That certification will not be made if the individual satisfies the requirements under the subpoena or warrant. The notice shall inform the individual of how he or she may satisfy those requirements.

AB651-ASA2,72,16 (bm) If an individual, after receiving notice under par. (b), does not satisfy the requirements under the subpoena or warrant, the department of workforce development shall place the individual's name on a certification list.

AB651-ASA2,72,22 (c) If the department of workforce development provides a certification list to a licensing authority, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing, upon receipt of the list the licensing authority if the licensing authority agrees, the licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing shall do all of the following:

AB651-ASA2,73,2 1. In accordance with a memorandum of understanding entered into under sub. (2) (b), restrict, limit, suspend, withhold, deny, refuse to grant or issue or refuse to renew or revalidate a license if the individual holding or applying for the license is included on the list.

AB651-ASA2,73,4 2. Provide notice to the individual by regular mail of the action taken under subd. 1.

AB651-ASA2,73,15 (d) 1. Subject to sub. (2) (d), if an individual who, on the basis of delinquent support, is denied a license or whose license, on the basis of delinquent support, is restricted, limited, suspended or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) pays the delinquent amount of support in full or makes satisfactory alternative payment arrangements, the department of workforce development shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of workforce development, notify the credentialing board to grant or reinstate the individual's credential.

AB651-ASA2,74,2 2. Subject to sub. (2) (d), if an individual who, on the basis of a failure to comply with a subpoena or warrant, is denied a license or whose license, on the basis of a failure to comply with a subpoena or warrant, is restricted, limited, suspended or refused renewal or revalidation under a memorandum of understanding entered into under sub. (2) (b) satisfies the requirements under the subpoena or warrant, the department of workforce development shall immediately notify the licensing authority or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of workforce development, notify the credentialing board to grant or reinstate the individual's credential.

AB651-ASA2,74,8 (4) Each licensing agency shall enter into a memorandum of understanding with the department of workforce development under sub. (2) (b) and shall cooperate with the department of workforce development in its administration of s. 49.22. The department of regulation and licensing shall enter into a memorandum of understanding with the department of workforce development on behalf of a credentialing board with respect to a credential granted by the credentialing board.

AB651-ASA2,74,12 (5) The restriction, limitation, suspension, withholding or denial of, or the refusal to grant, issue, renew or revalidate, a license under a memorandum of understanding entered into under sub. (2) (b) is not subject to administrative review under ch. 227.

AB651-ASA2, s. 76 Section 76. 49.858 of the statutes is created to read:

AB651-ASA2,74,16 49.858 General provisions related to administrative support enforcement. (1) Definition. In this section, "support" has the meaning given in s. 49.857 (1) (g).

AB651-ASA2,74,19 (2) Rules. For the procedures under this subchapter for the administrative enforcement of support obligations, the department of workforce development shall promulgate rules related to all of the following:

AB651-ASA2,74,21 (a) Establishing guidelines for appropriate payment plans or alternative payment arrangements for the payment by obligors of delinquent support.

AB651-ASA2,74,25 (b) Providing notice of administrative support enforcement proceedings to obligees of delinquent support. The department may provide that notice be given to the obligee of the delinquent support whenever an enforcement proceeding under this subchapter is initiated or that notice be provided only upon request.

AB651-ASA2,75,7 (c) Specifying the level of support that is overdue before an individual is considered to be delinquent in the payment of support for purposes of the administrative support enforcement proceedings under this subchapter. The rules shall provide that, for support that is payable on a periodic basis, an amount equal to at least 100% of the amount due in one month must be in arrears before the department may initiate any administrative support enforcement proceeding under this subchapter.

AB651-ASA2,75,13 (3) Review of family court commissioner decisions. If a family court commissioner conducts a hearing in any administrative support enforcement proceeding under s. 49.852, 49.856 or 49.857, the department of workforce development or the obligor may, within 15 business days after the date that the family court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the matter.

AB651-ASA2, s. 77 Section 77. 59.40 (2) (h) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB651-ASA2,75,23 59.40 (2) (h) Except in counties that have designated a county support collection designee under s. 59.53 (5m), keep a record of all payments and arrearages in payments ordered by the court under s. 948.22 (7) or ch. 767 or 769 and directed under s. 767.29 (1) to be paid to the clerk or county support collection designee or ordered by a court in another county or jurisdiction but enforced or received by the court of the clerk's county. If the department of health and family services workforce development operates a data system relating to those payments and arrearages, the clerk shall use that system to keep this record.

AB651-ASA2, s. 78 Section 78. 59.53 (5m) (a) of the statutes is amended to read:

AB651-ASA2,76,8 59.53 (5m) (a) Subject to approval of the department of health and family services workforce development under par. (am), designate by resolution any office, officer, board, department or agency as the county support collection designee to receive and disburse child and spousal support payments ordered by the court under s. 948.22 (7) and child and family support payments and maintenance payments ordered by the court or the family court commissioner under ch. 767 or ordered by a court in another county or jurisdiction but enforced or received by the court of the support collection designee's county.

AB651-ASA2, s. 79 Section 79. 59.53 (5m) (am) of the statutes is amended to read:

AB651-ASA2,76,18 59.53 (5m) (am) A county board that makes a designation under par. (a) shall send a copy of the resolution to the department of health and family services workforce development. Within 60 days after receiving the copy of the resolution, the department of health and family services workforce development shall notify the county board in writing of whether the department approves or disapproves the designation. If the department disapproves the designation, it shall specify the reasons for disapproval in the notice. If the department does not notify the county board of the department's approval or disapproval within 60 days after receipt of the copy of the resolution, the designation is approved.

AB651-ASA2, s. 80 Section 80. 59.53 (5m) (b) 1. of the statutes is amended to read:

AB651-ASA2,76,23 59.53 (5m) (b) 1. Keep a record of all payments received and disbursed and of arrearages in payments. If the department of health and family services workforce development operates a data system relating to those payments and arrearages, the county support collection designee shall use that system to keep this record.

AB651-ASA2, s. 81 Section 81. 59.53 (5m) (b) 2. of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB651-ASA2,77,5 59.53 (5m) (b) 2. Cooperate with the department of health and family services workforce development with respect to the child and spousal support and establishment of paternity and medical liability support program under sub. (5) and s. 49.22, and provide that department with any information from the record under subd. 1. that it requires to administer that program.

AB651-ASA2, s. 82 Section 82. 66.184 of the statutes, as affected by 1997 Wisconsin Act 27, section 2210m, is amended to read:

AB651-ASA2,77,13 66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) to (13), 632.896, 767.25 (4m) (d) and, 767.51 (3m) (d) and 767.62 (4) (b) 4.

AB651-ASA2, s. 83 Section 83. 66.81 of the statutes is amended to read:

AB651-ASA2,78,4 66.81 Exemption of funds and benefits from taxation, execution and assignment. All Except as provided in s. 49.852 and subject to s. 767.265, all moneys and assets of any retirement system of any city of the first class and all benefits and allowances and every portion thereof, both before and after payment to any beneficiary, granted under any such retirement system shall be exempt from any state, county or municipal tax or from attachment or garnishment process, and shall not be seized, taken, detained or levied upon by virtue of any executions, or any process or proceeding whatsoever issued out of or by any court of this state, for the payment and ratification in whole or in part of any debt, claim, damage, demand or judgment against any member of or beneficiary under any such retirement system, and no member of or beneficiary under any such retirement system shall have any right to assign any benefit or allowance, or any part thereof, either by way of mortgage or otherwise; however, this prohibition shall not apply to assignments made for the payment of insurance premiums. The exemption from taxation contained herein shall not apply with respect to any tax on income.

AB651-ASA2, s. 84 Section 84. 69.14 (1) (cm) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651-ASA2,78,20 69.14 (1) (cm) For a birth which occurs en route to or at a hospital, the filing party shall give the mother a copy of the pamphlet under s. 69.03 (14). If the child's parents are not married at the time of the child's birth, the filing party shall give the mother a copy of the form prescribed by the state registrar under s. 69.15 (3) (b) 3. The filing party shall ensure that trained, designated hospital staff provide to the child's available parents oral information or an audio or video presentation and written information about the form and the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The filing party shall also provide an opportunity to complete the form and have the form notarized in the hospital. If the mother provides a completed form to the filing party while she is a patient in the hospital and within 5 days after the birth, the filing party shall send the form directly to the state registrar. From the appropriation under s. 20.445 (3) (mc), the department of workforce development shall pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.

AB651-ASA2, s. 85 Section 85. 69.15 (3) (b) 3. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651-ASA2,79,7 69.15 (3) (b) 3. Except as provided under par. (c), if the state registrar receives a statement acknowledging paternity on a form prescribed by the state registrar and signed by both parents, and by a parent or legal guardian of any parent who is under the age of 18 years, along with the fee under s. 69.22, the state registrar shall insert the name of the father under subd. 1. The state registrar shall mark the certificate to show that the form is on file. The form shall be available to the department of workforce development or a county child support agency under s. 59.53 (5) pursuant to the program responsibilities under s. 49.22 or to any other person with a direct and tangible interest in the record. The state registrar shall include on the form for the acknowledgment a notice of the information in ss. 767.458 (1) (a) to (e) and 767.62.

AB651-ASA2, s. 86 Section 86. 69.15 (3) (d) of the statutes is created to read:

AB651-ASA2,79,11 69.15 (3) (d) The form prescribed by the state registrar for acknowledging paternity shall require that the social security number of each of the registrant's parents signing the form be provided.

AB651-ASA2, s. 87 Section 87. 69.15 (3m) of the statutes is created to read:

AB651-ASA2,79,16 69.15 (3m) Rescission of statement acknowledging paternity. (a) A statement acknowledging paternity that is filed with the state registrar under sub. (3) (b) 3. may be rescinded by either person who signed the statement as a parent of the registrant if all of the following apply:

AB651-ASA2,79,17 1. The statement was signed and filed on or after April 1, 1998.

AB651-ASA2,79,20 2. The person rescinding the statement files with the state registrar a document prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3.

AB651-ASA2,79,25 3. Except as provided in subd. 4, the person rescinding the statement files the document under subd. 2. before the day on which a court or family court commissioner makes an order in an action affecting the family involving the man who signed the statement and the child who is the subject of the statement or before 60 days elapse after the statement was filed, whichever occurs first.

AB651-ASA2,80,6 4. If the person rescinding the statement was under age 18 when the statement was filed, the person files the document under subd. 2. before the day on which a court or family court commissioner makes an order in an action affecting the family involving the man who signed the statement as the father of the registrant and the child who is the subject of the statement or before 60 days elapse after the person attains age 18, whichever occurs first.

AB651-ASA2,80,11 (b) If the state registrar, within the time required under par. (a) 3. or 4., whichever is appropriate, receives a document prescribed by the state registrar for rescinding a statement acknowledging paternity under sub. (3) (b) 3., along with the proper fee under s. 69.22, the state registrar shall prepare under sub. (6) a new certificate omitting the father's name if it was inserted under sub. (3) (b).

AB651-ASA2, s. 88 Section 88. 69.17 of the statutes is amended to read:

AB651-ASA2,80,19 69.17 Divorce report. At the end of every biweekly period, the clerk of any court which conducts divorce proceedings under ch. 767 shall forward to the state registrar, on a form supplied by the state registrar, a report of every divorce or annulment of marriage granted during the biweekly period. The form supplied by the state registrar shall require that the social security numbers of the parties to the divorce or annulment and the social security number of any child of the parties be provided.

AB651-ASA2, s. 89 Section 89. 69.20 (3) (d) of the statutes is amended to read:

AB651-ASA2,80,25 69.20 (3) (d) The Subject to par. (f), the state or a local registrar may disclose information from the vital record of a specified registrant, except information under sub. (2) (a), to a federal agency, to any agency of the government of this state or to any agency of a county, city, town or village if the agency requests the information for use in the conduct of its official duties.

AB651-ASA2, s. 90 Section 90. 69.20 (3) (f) of the statutes is created to read:

AB651-ASA2,81,3 69.20 (3) (f) The state or a local registrar may disclose a social security number on a vital record only to any of the following:

AB651-ASA2,81,4 1. A person under sub. (1) (a) to (e).

AB651-ASA2,81,5 2. A federal agency, as provided in par. (d).

AB651-ASA2,81,7 3. The department of workforce development or a county child support agency under s. 59.53 (5) in response to a request under s. 49.22 (2m).

AB651-ASA2, s. 91 Section 91 . 69.22 (5) (a) 3. of the statutes is amended to read:

AB651-ASA2,81,10 69.22 (5) (a) 3. Making alterations in a birth certificate under s. 69.15 (3) or (3m).

AB651-ASA2, s. 92 Section 92. 71.78 (4) (q) of the statutes is created to read:

AB651-ASA2,81,13 71.78 (4) (q) The department of workforce development or a county child support agency under s. 59.53 (5) in response to a request under s. 49.22 (2m).

AB651-ASA2, s. 93 Section 93. 73.03 (50) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651-ASA2,82,2 73.03 (50) With the approval of the joint committee on finance, to establish fees for obtaining a business tax registration certificate, which is valid for 2 years, and for renewing that certificate and shall issue and renew those certificates if the person who wishes to obtain or renew a certificate applies on a form that the department prescribes; sets forth the name under which the applicant intends to operate, the location of the applicant's place of operations, the social security number of the applicant if the applicant is a natural person and the other information that the department requires; and, in the case of a sole proprietor, signs the form or, in the case of other persons, has an individual who is authorized to act on behalf of the person sign the form, or, in the case of a single-owner entity that is disregarded as a separate entity under section 7701 of the Internal Revenue Code, the person is the owner.

AB651-ASA2, s. 94 Section 94. 73.03 (50m) of the statutes is created to read:

AB651-ASA2,82,11 73.03 (50m) To enter into a memorandum of understanding with the department of workforce development under s. 49.857. The department of revenue shall suspend, refuse to issue or refuse to renew any certificate issued under sub. (50) as provided in the memorandum of understanding entered into under s. 49.857. Notwithstanding ss. 71.78 and 77.61 (5), the department of revenue shall disclose to the department of workforce development the social security number of any applicant for a certificate issued under sub. (50) as provided in the memorandum of understanding.

AB651-ASA2, s. 95 Section 95. 77.61 (5) (b) 11. of the statutes is created to read:

AB651-ASA2,82,14 77.61 (5) (b) 11. The department of workforce development or a county child support agency under s. 59.53 (5) in response to a request under s. 49.22 (2m).

AB651-ASA2, s. 96 Section 96. 85.24 (4) (b) of the statutes is amended to read:

AB651-ASA2,82,20 85.24 (4) (b) Paragraph (a) does not prohibit the disclosure of the information to the extent necessary to administer the ride-sharing program nor, if requested under s. 49.22 (2m), does it prohibit disclosure of the name or address of a person or of his or her employer to the department of workforce development or a county child support agency under s. 59.53 (5).

AB651-ASA2, s. 97 Section 97. 85.24 (4) (c) of the statutes is amended to read:

AB651-ASA2,83,2 85.24 (4) (c) Any person who wilfully discloses or who, under false pretenses, wilfully requests or obtains information in violation of par. (a) may be required to forfeit not more than $500 for each violation. This paragraph does not apply to information disclosed, requested or obtained to the extent necessary to administer the ride-sharing program or, if requested under s. 49.22 (2m), to the department of workforce development or a county child support agency under s. 59.53 (5).

AB651-ASA2, s. 98 Section 98. 93.06 (8) of the statutes is amended to read:

AB651-ASA2,83,11 93.06 (8) Prescribe conditions of licenses. Issue Except as provided in s. 93.135, issue any permit, certificate, registration or license on a temporary or conditional basis, contingent upon pertinent circumstances or acts. If the temporary or conditional permit, certificate, registration or license is conditioned upon compliance with chs. 93 to 100, ch. 127, a rule promulgated by the department or a regulation adopted under s. 97.41 (7) within a specified period of time and the condition is not met within the specified period, the permit, certificate, registration or license shall be void.

AB651-ASA2, s. 99 Section 99. 93.11 (1) of the statutes is amended to read:

AB651-ASA2,83,21 93.11 (1) The Except as provided in s. 93.135, the department, upon presentation of satisfactory evidence that the applicant is competent, may issue a license to any person to certify the grade of food products or farm products or of receptacles therefor, for which standards have become effective under s. 93.09. The purpose of such certification may be either to enforce the standard or merely to furnish to an interested party an official statement of the grade. A certificate issued under this section, unless superseded by a finding as provided in sub. (4), shall be accepted in any court of this state as prima facie evidence of the facts to which the certificate relates.

AB651-ASA2, s. 100 Section 100. 93.135 of the statutes is created to read:

AB651-ASA2,84,2 93.135 License denial, nonrenewal, suspension or restriction based on failure to pay support. (1) The department shall require each applicant who is an individual to provide the department with the applicant's social security number as a condition of issuing or renewing any of the following:

AB651-ASA2,84,3 (a) A license under s. 93.11.

AB651-ASA2,84,4 (am) A license under s. 93.35 (4).