Amendment ASA1-AB768

AB768-ASA1,369,20 (e) Make an agreement with a person who is liable under sub. (2), or who may be willing to assume the cost of maintenance of any resident, providing for the payment of such costs at a specified rate or amount.

AB768-ASA1,369,22 (f) Make adjustment and settlement with the several counties for their proper share of all moneys collected.

AB768-ASA1,369,25 (i) Pay quarterly from the appropriation account under s. 20.410 (3) (gg) the collection moneys due county departments under ss. 46.215, 46.22 and 46.23. Payments shall be made as soon after the close of each quarter as is practicable.

AB768-ASA1,370,10 (9) Any person who wilfully testifies falsely as to any material matter in an investigation or proceeding under this section shall be guilty of perjury. Banks, employers, insurers, savings banks, savings and loan associations, brokers and fiduciaries, upon request of the department, shall furnish in writing and duly certified, full information regarding the property, earnings or income or any funds deposited to the credit of or owing to any person liable under sub. (2). Such a certified statement shall be admissible in evidence in any action or proceeding to compel payment under this section, and shall be evidence of the facts stated in the certified statement, if a copy of the certified statement is served upon the party sought to be charged not less than 3 days before the hearing.

AB768-ASA1,370,13 (10) The department shall make all reasonable and proper efforts to collect all claims for maintenance, to keep payments current, and to periodically review all unpaid claims.

AB768-ASA1,370,15 (11) (a) Except as provided in par. (b), in any action to recover from a person liable under this section, the statute of limitations may be pleaded in defense.

AB768-ASA1,370,18 (b) If a person who is liable under this section is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable.

AB768-ASA1,371,4 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, child caring institutions and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 301.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules which include formulas governing ability to pay promulgated by the department under s. 301.03 (18). Any liability of the resident not payable by any other person terminates when the resident reaches age 17, unless the liable person has prevented payment by any act or omission.

AB768-ASA1,371,12 (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB768-ASA1,371,16 (c) Upon request by a parent, the court may modify the amount of child support payments determined under par. (b), subject to par. (cm), if, after considering the following factors, the court finds by the greater weight of the credible evidence that the use of the percentage standard is unfair to the child or to either of the parents:

AB768-ASA1,371,17 1. The needs of the child.

AB768-ASA1,371,19 2. The physical, mental and emotional health needs of the child, including any costs for the child's health insurance provided by a parent.

AB768-ASA1,371,22 3. The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

AB768-ASA1,371,23 4. The financial resources of the parents.

AB768-ASA1,372,3 5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.

AB768-ASA1,372,4 6. The need and capacity of the child for education, including higher education.

AB768-ASA1,372,5 7. The age of the child.

AB768-ASA1,372,6 8. The financial resources and the earning ability of the child.

AB768-ASA1,372,8 9. The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB768-ASA1,372,10 10. The best interests of the child, including, but not limited to, the importance of a placement that will promote the objectives specified in s. 938.01.

AB768-ASA1,372,11 11. Any other factors that the court in each case determines are relevant.

AB768-ASA1,372,16 (cm) 1. Except as provided in subd. 2., if a parent who is required to pay child support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the child for whom support is ordered, the amount of the child support payments determined under par. (b) or (c) may not exceed the amount of the adoption assistance payments.

AB768-ASA1,372,20 2. Subdivision 1. does not apply if, after considering the factors under par. (c) 1. to 11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance payments is unfair to the child or to either of the parents.

AB768-ASA1,373,2 (d) If the court finds under par. (c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, the court's reasons for finding that use of the percentage standard is unfair to the child or the parent, the court's reasons for the amount of the modification and the basis for the modification.

AB768-ASA1,373,10 (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB768-ASA1,373,14 2. Except as provided in subd. 3., for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.

AB768-ASA1,373,19 3. Benefits under ch. 108 may be assigned and withheld only in the manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.

AB768-ASA1,374,3 4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.

AB768-ASA1,374,5 5. The department shall promulgate rules for the operation and implementation of assignments under this paragraph.

AB768-ASA1,374,11 (f) If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under par. (e) 1. shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.

AB768-ASA1,374,18 (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB768-ASA1,375,2 (16) The department shall delegate to county departments under ss. 46.215, 46.22 and 46.23 or the local providers of care and services meeting the standards established by the department under s. 301.08, the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities if those county departments or providers meet the conditions considered appropriate by the department. The department may delegate to county departments under ss. 46.215, 46.22 and 46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.

AB768-ASA1, s. 495 Section 495. 301.26 (2) (b) of the statutes is amended to read:

AB768-ASA1,375,6 301.26 (2) (b) Uniform fees collected or received by counties under s. 46.03 301.03 (18) for services provided under this section shall be applied to cover the cost of the services.

AB768-ASA1, s. 496 Section 496. 301.26 (4) (d) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,375,12 301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

AB768-ASA1, s. 497 Section 497. 301.26 (4) (d) 1m. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,375,18 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss. 48.366 and 938.183, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

AB768-ASA1, s. 498 Section 498. 301.26 (4) (dt) of the statutes is amended to read:

AB768-ASA1,375,22 301.26 (4) (dt) For serious juvenile offender services, all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

AB768-ASA1, s. 499 Section 499. 301.26 (4) (e) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

AB768-ASA1,376,5 301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB768-ASA1, s. 500 Section 500. 301.26 (4) (ed) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,376,11 301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

AB768-ASA1, s. 501 Section 501. 301.26 (4) (eg) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,376,17 301.26 (4) (eg) For corrective sanctions services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hr).

AB768-ASA1, s. 502 Section 502. 301.26 (4) (g) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768-ASA1,376,23 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB768-ASA1, s. 504 Section 504. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Acts 440 and 1997 Wisconsin Act .... (Senate Bill 494), is amended to read:

AB768-ASA1,377,8 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. 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 (2m) made by the department of workforce development 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.

AB768-ASA1, s. 505 Section 505. 301.46 (4) (a) 5. of the statutes, as created by 1995 Wisconsin Act 440, is amended to read:

AB768-ASA1,377,11 301.46 (4) (a) 5. A shelter care facility licensed under s. 48.48 938.22.

AB768-ASA1, s. 512b Section 512b. 304.06 (1) (d) 1. of the statutes is amended to read:

AB768-ASA1,377,22 304.06 (1) (d) 1. The notice under par. (c) shall inform the offices and persons under par. (c) 1. to 3. of the manner in which they may provide written statements under this subsection, shall inform persons under par. (c) 3. of the manner in which they may attend interviews or hearings and make statements under par. (eg) and shall inform persons under par. (c) 3. who are victims, or family members of victims, of crimes specified in s. 940.01, 940.03, 940.05, 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.06 or 948.07 of the manner in which they may have direct input in the parole decision-making process under par. (em). The parole commission shall provide notice under this paragraph for an inmate's first application for parole and, upon request, for subsequent applications for parole.

AB768-ASA1, s. 512c Section 512c. 304.06 (1) (d) 3g. of the statutes is created to read:

AB768-ASA1,377,25 304.06 (1) (d) 3g. If applicable, the notice shall state the date of the interview or hearing that the person may attend.

AB768-ASA1, s. 512d Section 512d. 304.06 (1) (eg) of the statutes is created to read:

AB768-ASA1,378,4 304.06 (1) (eg) The parole commission shall permit any person under par. (c) 3. to attend any interview or hearing on the parole application of an applicable inmate and to make a statement at that interview or hearing.

AB768-ASA1, s. 512e Section 512e. 304.06 (1) (f) of the statutes is amended to read:

AB768-ASA1,378,20 304.06 (1) (f) The parole commission shall design and prepare cards for persons specified in par. (c) 3. to send to the commission. The cards shall have space for these persons to provide their names and addresses, the name of the applicable prisoner and any other information the parole commission determines is necessary. The parole commission shall provide the cards, without charge, to district attorneys. District attorneys shall provide the cards, without charge, to persons specified in par. (c) 3. These persons may send completed cards to the parole commission. All commission records or portions of records that relate to mailing addresses of these persons are not subject to inspection or copying under s. 19.35 (1). Before any written statement of a person specified in par. (c) 3. is made a part of the documentary record considered in connection with a parole hearing under this section, the parole commission shall obliterate from the statement all references to the mailing addresses of the person. A person specified in par. (c) 3. who attends an interview or hearing under par. (eg) may not be required to disclose at the interview or hearing his or her mailing addresses.

AB768-ASA1, s. 512f Section 512f. 341.10 (7r) of the statutes is created to read:

AB768-ASA1,378,25 341.10 (7r) A city has notified the department under s. 345.285 (2) (b) 1. that one or more citations for nonmoving traffic violations have been issued against the applicant and the applicant has not paid the citations or appeared in court to respond to the citations.

AB768-ASA1, s. 512fm Section 512fm. 341.135 of the statutes is created to read:

AB768-ASA1,379,9 341.135 Rebasing registration plates. (1) Design. The department shall establish new designs of registration plates to be issued under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am). The design for registration plates issued for automobiles and for vehicles registered on the basis of gross weight shall comply with the applicable design requirements of ss. 341.12 (3), 341.13 and 341.14 (6r) (c). The designs for registration plates specified in this subsection shall be as similar in appearance as practicable.

AB768-ASA1,379,22 (2) Issuance. (a) Beginning with registrations effective on July 1, 2000, upon receipt of a completed application to initially register a vehicle under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52., or s. 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) or 341.26 (2) and (3) (a) 1. and (am), the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1). Notwithstanding ss. 341.13 (3) and (3m), beginning with registrations effective on July 1, 2000, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), except s. 341.14 (6r) (f) 52., or s. 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) for which a registration plate of the design established under sub. (1) has not been issued, the department may issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

AB768-ASA1,380,2 (b) Beginning with registrations effective on July 1, 2002, upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.14 (6r) (f) 52., the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under sub. (1).

AB768-ASA1,380,7 (cm) Notwithstanding s. 341.14 (6r) (b) 2. and 3. and (8), the department may not charge any fee in addition to the fee required to register the vehicle for the issuance of a registration plate under this subsection if the vehicle was last previously issued a plate of the same type or representing the same special group as the plate issued under this subsection.

AB768-ASA1,380,9 (d) The department may not issue new registration plates under this section for vehicles registered under ss. 341.14 (1) and (1r) and 341.27 (3) (a).

AB768-ASA1,380,13 (e) The department shall issue new registration plates of the design established under sub. (1) for every vehicle registered under ss. 341.14 (1a), (1m), (1q), (2), (2m), (6m) or (6r), 341.25 (1) (a), (c), (h) and (j) and (2) (a), (b) and (c) and 341.26 (2) and (3) (a) 1. and (am) by July 1, 2003.

AB768-ASA1,380,14 (3) Sunset. This section does not apply after July 1, 2003.

AB768-ASA1, s. 512fp Section 512fp. 341.26 (2g) of the statutes is created to read:

AB768-ASA1,380,24 341.26 (2g) Rebasing registration plates. Notwithstanding s. 341.13 (3) and (3m), upon receipt of a completed application to renew the registration of a vehicle registered under s. 341.26 (2) and (3) (a) 1. and (am), the registration for which expires after June 30, 2000, and before January 1, 2004, the department shall issue and deliver prepaid to the applicant 2 new registration plates of the design established under s. 341.135 (1). The department may not charge any applicant any fee for the issuance of a registration plate under this subsection in addition to the fee required to register the vehicle. The department shall issue only one set of plates under this subsection for each vehicle registered under this section.

AB768-ASA1, s. 512g Section 512g. 341.51 (4) (ar) of the statutes is created to read:

AB768-ASA1,381,2 341.51 (4) (ar) If the applicant is not an individual, the person's federal employer identification number.

AB768-ASA1, s. 512h Section 512h. 341.51 (4g) of the statutes, as created by 1997 Wisconsin Act 191, is amended to read:

AB768-ASA1,381,7 341.51 (4g) (a) The department shall deny an application for the issuance or renewal of registration if an individual has not included his or her social security number the information required under sub. (4) (am) or (ar) in the application.

AB768-ASA1,381,12 (b) The department of transportation may not disclose a social security number any information obtained under sub. (4) (am) or (ar) to any person except to the department of workforce development for the sole purpose of administering s. 49.22 or the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768-ASA1, s. 512j Section 512j. 341.51 (4m) of the statutes, as created by 1997 Wisconsin Act 191, is renumbered 341.51 (4m) (a).

AB768-ASA1, s. 512k Section 512k. 341.51 (4m) (b) of the statutes is created to read:

AB768-ASA1,381,20 341.51 (4m) (b) A registration shall be suspended of revoked if the department of revenue certifies under s. 73.0301 that the registrant is liable for delinquent taxes. A registrant whose registration is suspended or revoked under this paragraph for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this section.

AB768-ASA1, s. 512km Section 512km. 342.12 (4) (a) of the statutes, as affected by 1997 Wisconsin Act 199, is amended to read:

AB768-ASA1,382,5 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB768-ASA1, s. 512kp Section 512kp. 342.12 (4) (b) of the statutes, as affected by 1997 Wisconsin Act 199, is amended to read:

AB768-ASA1,382,14 342.12 (4) (b) Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by a person upon receipt of a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305 (9) issues an order permitting the department to issue a certificate of title.

AB768-ASA1, s. 512kr Section 512kr. 342.12 (4) (c) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 199, is amended to read:

AB768-ASA1,382,22 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1), if all of the following conditions are met:

AB768-ASA1, s. 512L Section 512L. 343.05 (1) (a) of the statutes is amended to read:

AB768-ASA1,383,6 343.05 (1) (a) Except as provided in this subsection, no person may at any time have more than one operator's license. This prohibition includes, without limitation, having licenses from more than one state, having licenses under more than one name or birthdate, having an occupational license without having surrendered the revoked or suspended license document, and having more than one license issued for the operation of different types or classes of vehicles. This paragraph does not apply to any person who has only operator's licenses issued by this state and by a country, province or subdivision that is a party to an agreement under s. 343.16 (1) (d).

AB768-ASA1, s. 512m Section 512m. 343.085 (2) (c) of the statutes is created to read: