AB651: Bill Text

LRB-3819/1

ALL:all:all

1997 - 1998 LEGISLATURE

1997 Assembly BILL 651

December 4, 1997 - Introduced by Representatives Huebsch, La Fave, R. Young, Musser, Porter, M. Lehman, Dobyns, Ladwig, Sykora, Freese, Duff, Springer, Olsen, Ott, Ward, J. Lehman, Owens, Underheim, Gard, Hahn, Harsdorf, F. Lasee, Goetsch, Kreibich and Skindrud, cosponsored by Senators Wirch, Roessler, Darling, Panzer, Drzewiecki and C. Potter. Referred to Committee on Children and Families.

AB651,6,8 An Act to repeal 440.08 (2g) (title), (a) and (b) and 767.45 (6p); to renumber 46.251, 103.91 (4), 138.09 (1m), 138.09 (4), 170.12 (8), 217.05 (intro.), 217.05 (1) to (4), 218.02 (6), 224.092, 224.093, subchapter II of chapter 224 [precedes 224.70], 343.64, 343.65, 767.263 and 767.29 (3); to renumber and amend 49.145 (2) (f) 1., 49.22 (2m), 103.91 (2), 103.92 (1), 105.13, 218.02 (2) (a), 218.04 (3) (a), 343.61 (2), 343.62 (2), 440.08 (2g) (c), 445.08 (4) (a), 632.68 (3), 632.68 (5) and 891.41; to amend 13.63 (1), 13.64 (1) (a), 13.64 (2), 19.36 (7) (b), 19.55 (2) (intro.), 20.445 (1) (L), 20.921 (2) (a), 29.1085 (3) (c) 1., 29.1085 (3) (c) 2., 29.134 (3), 29.135 (3), 29.145 (1c) (intro.), 29.33 (2) (d), 29.521 (2) (a), 29.521 (2) (c) 1., 29.544 (3), 29.573 (2), 29.574 (3), 29.575 (3), 29.575 (4), 29.578 (4), 29.578 (5), 29.578 (11), 29.578 (14) (am), 29.578 (14) (b) (intro.), 29.585 (1), 29.585 (3), 48.02 (13), 48.396 (2) (dm), 48.42 (4) (b) 2., 48.66 (1), 48.66 (2), 48.69, 48.72, 48.837 (4) (e), 48.91 (2), 49.145 (2) (f) 2., 49.22 (6), 49.25 (3) (a) 8., 49.45 (2) (a) 11., 49.45 (2) (a) 12., 59.40 (2) (h), 59.53 (5m) (a), 59.53 (5m) (am), 59.53 (5m) (b) 1., 59.53 (5m) (b) 2., 66.184, 66.81, 69.14 (1) (cm), 69.17, 69.22 (5) (a) 3., 71.78 (4) (g), 73.03 (50), 85.24 (4) (b), 85.24 (4) (c), 93.06 (8), 93.11 (1), 93.35 (10), 94.65 (3) (c) 1., 94.66 (8), 95.72 (2) (c) 5., 99.02 (1), 100.06 (1g) (c), 102.17 (1) (c), 102.27 (2) (a), 103.005 (10), 103.275 (2) (b) (intro.), 103.275 (7) (b), 103.275 (7) (c), 103.92 (3), 104.07 (1), 104.07 (2), 108.14 (7) (a), 115.31 (6) (b), 118.19 (10) (f), 120.13 (2) (e), 120.13 (2) (g), 125.07 (4) (cm), 125.085 (3) (bp), 127.17 (2) (a), 127.17 (2) (b), 127.17 (2) (c) 1., 127.17 (2) (d), 127.17 (2) (e) 1., 138.09 (3) (a), 138.12 (4) (a), 146.50 (5) (a), 146.50 (5) (b), 146.50 (5) (g), 146.50 (6) (a) (intro.), 146.50 (6) (b) 1., 146.50 (6) (c) (intro.), 146.50 (6g) (a), 146.50 (7), 146.50 (8) (a), 146.50 (8) (b), 146.50 (8) (c), 146.50 (8) (f), 157.62 (2) (c), 165.85 (3) (c), 165.85 (3) (cm), 165.85 (4) (d), 165.85 (4) (f), 175.35 (2k) (i), 217.09 (4), 218.01 (2) (h) 3., 218.02 (9) (a), 218.04 (4) (a), 218.04 (5) (b), 218.04 (9), 218.05 (4) (b), 218.05 (11), 218.05 (12) (title), 218.05 (13), 218.11 (2) (a), 218.11 (7) (a), 218.11 (7) (b), 218.12 (2) (a), 218.12 (5), 218.22 (4) (a), 218.22 (4) (b), 218.32 (4) (a), 218.32 (4) (b), 218.41 (2) (a), 218.41 (4), 218.51 (3) (a), 218.51 (5) (a), 218.51 (5) (b), chapter 224 (title), 224.72 (5) (a), 224.72 (5) (b) 1., 224.72 (5) (b) 2., 230.13 (1) (intro.), 230.13 (2), 250.05 (5), 250.05 (6), 250.05 (8), 252.23 (2), 252.23 (4) (a), 252.24 (2), 252.24 (4) (a), 254.176 (1), 254.176 (3) (intro.), 254.176 (3) (a), 254.178 (1) (b), 254.178 (2) (intro.), 254.178 (2) (a), 254.178 (4), 254.20 (2) (d), 254.20 (3) (a), 254.20 (3) (b), 254.20 (4), 254.20 (6), 254.20 (7), 254.47 (1), 254.47 (2m), 254.47 (3), 254.64 (1) (c), 254.64 (1p), 254.71 (2), 254.71 (3), 254.71 (6) (c), 255.08 (2), 255.08 (13), 280.13 (4), 281.48 (3) (a), 281.48 (5) (b), 291.15 (2) (d), 301.45 (7) (a), 302.372 (2) (b), 343.14 (3) (b), 343.24 (3), 343.30 (5), 343.50 (8) (b), 343.66 (6), 343.68, 343.69, 349.19, 440.03 (7), 440.08 (2) (c), 440.08 (4) (a), 440.43 (5), 440.44 (10), 440.92 (6) (d), 440.93 (2), 442.12 (7), 443.06 (1) (a), 443.10 (2) (a), 445.13 (2), 446.05 (2), 448.02 (3) (e), 448.05 (7), 449.07 (3), 452.12 (6) (e) (intro.), 454.08 (4), 459.10 (2) (a) (intro.), 459.34 (2m) (a) (intro.), 480.24 (3) (intro.), 560.15 (4), 560.15 (5), 565.30 (5m), 601.465 (intro.), 601.59 (6) (e), 628.04 (1) (intro.), 628.04 (2), 628.09 (1), 628.09 (4), 632.68 (2) (b) (intro.), 632.68 (2) (b) 2., 632.68 (2) (e), 632.68 (3) (title), 632.68 (4) (b), 632.68 (4) (c), 632.68 (5) (title), 632.68 (8), 632.897 (10) (a) 3., 633.15 (2) (a) (title), 633.15 (2) (a) 1., 633.15 (2) (a) 2., 633.15 (2) (a) 3., 633.15 (2) (b) 1. (intro.), 765.09 (2), 765.09 (3), 765.13, 767.027 (2), 767.045 (1) (c) (intro.), 767.078 (1) (a) 1., 767.078 (2), 767.085 (1) (b), 767.25 (4), 767.25 (4m) (d) 2., 767.25 (6) (intro.), 767.25 (6) (a), 767.253, 767.254 (2) (intro.), 767.261 (intro.), 767.261 (1), 767.263 (title), 767.263 (2), 767.265 (1), 767.265 (2h), 767.265 (2r), 767.265 (3h), 767.265 (3m), 767.265 (4), 767.265 (6) (a), 767.265 (6) (b), 767.265 (6) (c), 767.27 (2m), 767.29 (1m) (intro.), 767.295 (2) (a) (intro.), 767.295 (2) (c), 767.30 (1), 767.303 (1), 767.305, 767.32 (1) (b) 4., 767.32 (2m), 767.32 (2s), 767.37 (1) (a), 767.45 (1) (intro.), 767.45 (1) (c), 767.45 (1) (k), 767.45 (5) (b), 767.45 (5m), 767.45 (6m), 767.455 (5g) (form) 2., 767.455 (5g) (form) 3., 767.455 (5g) (form) 7., 767.455 (5r) (form) 2., 767.458 (1) (d), 767.458 (2), 767.458 (3), 767.465 (2) (a), 767.466 (intro.), 767.47 (1) (c), 767.47 (3), 767.47 (8), 767.475 (2), 767.48 (1) (a), 767.48 (1m), 767.48 (4), 767.48 (5) (a), 767.48 (5) (b), 767.51 (1), 767.51 (2), 767.51 (2), 767.51 (3), 767.51 (3m) (d) 2., 767.51 (5p) (intro.), 767.51 (5p) (a), 767.52 (2m), 802.12 (3) (d) 1., 802.12 (3) (d) 3., 808.075 (4) (d) 9., 808.075 (4) (d) 10., 808.075 (4) (d) 11., 815.19 (2), 815.20 (1), 852.05 (2), 891.39 (1) (a), 891.405, 895.48 (title), 938.02 (13), 938.363 (1), 938.396 (4), 948.22 (4) (b) and 977.06 (4) (c); to repeal and recreate 20.445 (3) (k), 20.445 (3) (r), 25.68, 767.25 (6) (intro.), 767.261 (intro.), 767.263 (1), 767.265 (1), 767.265 (2r), 767.265 (3h), 767.265 (6) (a), 767.265 (6) (b), 767.29 (1m) (intro.), 767.51 (5p) (intro.), 767.62, 767.62 (4) (b) 3. a. and 767.62 (4) (g) (intro.); to create 19.55 (2) (d), 20.445 (3) (k), 20.445 (3) (r), 25.17 (1) (tm), 25.68, 29.09 (11m), 40.08 (1c), 40.08 (1g), 48.66 (2m), 48.715 (6), 49.22 (2m) (b), 49.22 (2m) (bc), 49.22 (2m) (c), 49.22 (2m) (d), 49.22 (7g), 49.225, 49.48, 49.852, 49.853, 49.854, 49.856, 49.857, 69.15 (3) (d), 69.15 (3m), 71.78 (4) (q), 73.03 (50m), 77.61 (5) (b) 11., 93.135, 101.02 (21), 102.17 (1) (cg), 102.17 (1) (cm), 102.33 (2) (b) 5., 103.275 (2) (bg), 103.275 (2) (bm), 103.91 (2) (b), 103.91 (4) (b), 103.92 (1) (b), 103.92 (6), 104.07 (4), 104.07 (5), 105.06 (1m), 105.13 (2), 115.31 (6) (bm), 115.315, 118.19 (1r), 118.19 (10) (g), 120.13 (2) (f), 134.43 (3m), 138.09 (1m) (b), 138.09 (3) (am), 138.09 (4) (b), 138.12 (3) (d), 138.12 (4) (b) 4., 138.12 (4) (b) 6., 138.12 (5) (am), 146.51, 165.85 (3m), 170.12 (3) (em), 170.12 (8) (b), 175.35 (2k) (bm), 217.05 (1m), 217.06 (4), 217.06 (6), 217.09 (1m), 218.01 (2) (ie), 218.01 (2) (ig), 218.01 (3) (ag), 218.01 (3) (am), 218.02 (2) (a) 2., 218.02 (3) (e), 218.02 (6) (b), 218.04 (3) (a) 2., 218.04 (4) (am), 218.04 (5) (am), 218.05 (3) (am), 218.05 (4) (c), 218.05 (12) (am), 218.11 (2) (am), 218.11 (6m), 218.12 (2) (am), 218.12 (3m), 218.21 (2) (ag), 218.21 (2m), 218.22 (3m), 218.31 (1) (ag), 218.31 (1m), 218.32 (3m), 218.41 (2) (am), 218.41 (3m), 218.41 (5) (d), 218.51 (3) (am), 218.51 (4m), 220.01 (1e), subchapter II (title) of chapter 224 [precedes 224.25], 224.40, 224.72 (2) (c), 224.72 (7m), 224.77 (6), 227.03 (4m), 230.13 (3), 250.041, 299.08, 341.51 (4) (am), 341.51 (4g), 341.51 (4m), 343.14 (2j), 343.305 (6) (e), 343.345, 343.61 (2) (b), 343.62 (2) (b), 343.64 (2), 343.65 (2), 343.665, 343.675, 440.03 (11m), 440.035 (5), 440.13, 551.32 (1) (bm), 551.34 (1m), 562.05 (1c), 562.05 (5) (a) 9., 562.05 (7) (am), 562.05 (8) (d), 562.05 (8m), 563.28, 628.095, 628.097, 628.10 (2) (c), 628.10 (2) (d), 632.68 (2) (bc), 632.68 (2) (bm), 632.68 (3) (b), 632.68 (4) (bc), 632.68 (4) (bm), 632.68 (5) (b), 633.14 (1) (d), 633.14 (2c), 633.14 (2m), 633.15 (1m), 633.15 (2) (c), 751.15, 757.69 (1) (n), 767.027, 767.25 (4m) (d) 2m., 767.25 (4m) (f), 767.263 (2), 767.265 (6m), 767.29 (3) (b), 767.465 (1m), 767.47 (11), 767.477, 767.51 (3m) (d) 2m., 767.51 (3m) (f), 885.01 (5), 891.41 (2), 895.48 (3) and 977.06 (4) (bm) of the statutes; and to affect Laws of 1937, chapter 201, section 11, Laws of 1937, chapter 201, section 21b, 1997 Wisconsin Act 27, section 631, 1997 Wisconsin Act 27, section 639b, 1997 Wisconsin Act 27, section 833, 1997 Wisconsin Act 27, section 909b and 1997 Wisconsin Act 27, section 9426 (8); relating to: suspension of licenses, permits and other credentials for failure to pay child support or to comply with a subpoena or warrant related to paternity or child support proceedings and requiring social security numbers on license, permit and other credential applications and on certain documents concerning marriage and children; creating a record matching program to match information about delinquent child support obligors with financial account information of financial institutions; creating a statutory lien for delinquent child support obligations; creating a mechanism for enforcing child support liens; fees for the child and spousal support, establishment of paternity and medical liability support program and cooperation with child support efforts under Wisconsin works; income withholding for support or maintenance, adjudicating paternity when the mother fails to appear and other technical changes related to child support enforcement; access to certain agency records, nonliability for providing information from records, issuing subpoenas, ordering genetic tests; providing notice to new employers of a parent's obligation to provide health care coverage for a child; hospital-based voluntary establishment of paternity; administratively changing interstate income-withholding orders to sum certain amounts; presumption of paternity; access by county child support employes to tax information; acknowledgment of paternity; procedure, temporary orders and probable cause in paternity actions; payment for genetic tests in paternity actions; changes in departmental responsibility for support enforcement; intercepting delinquent support and certain other payments from pension plan disbursements; intercepting delinquent support from court judgments and settlements; granting rule-making authority; making appropriations; and providing a penalty.

Analysis by the Legislative Reference Bureau

Licenses and social security numbers

Under current law, many state agencies and boards issue licenses, permits or other credentials for professional or occupational purposes. In addition, the department of natural resources (DNR) issues fish and game licenses for recreational purposes. This bill requires an applicant for the issuance or renewal of a professional or occupational license, if the applicant is a natural person, or an applicant for a recreational fish and game license to provide his or her social security number. The issuing agency or board must refuse to issue or renew the license if an applicant does not provide a required social security number. An agency or board that obtains an individual's social security number from a license application may release the social security number only to the department of workforce development (DWD) for purposes of DWD's administration of the child and spousal support and establishment of paternity and medical support liability program under current law.

Under current law, if an individual who has been ordered by a court to pay child or family support or spousal support (maintenance) fails to pay the amount ordered, the court may enforce the judgment or order by any appropriate remedy. Appropriate remedies include, but are not limited to, execution of the order or judgment, contempt of court, money judgment for past-due payments, satisfaction of attached property, garnishment of wages and suspension of the individual's operating privilege. Also under current law, if an individual fails to make any court-ordered payments of child or family support, maintenance or other support-related payments, DWD may certify the delinquency to the department of revenue (DOR) and DOR may withhold the delinquent amount from any income tax refund that is owed to the individual.

The bill requires DWD to establish a system under which operating privileges and occupational, professional and recreational licenses, permits or other credentials (licenses) are withheld, nonrenewed, restricted or suspended by the agency or other entity that issues the operating privilege or license for failure to pay court-ordered payments of child or family support, maintenance or other support-related payments or for failure to comply with a subpoena or warrant issued by DWD or a county child support agency and related to paternity or child support proceedings. The bill requires DWD and each issuing agency or other entity to enter into a memorandum of understanding related to the requirements for withholding, nonrenewing, restricting or suspending operating privileges or licenses, the procedures to be used and safeguards for keeping information about individuals, including social security numbers, confidential. The procedures must include adequate notice to the individual who owes the delinquent payments or who failed to comply with a subpoena or warrant, an opportunity for an individual who owes delinquent support to pay the delinquent amount or make alternative payment arrangements before any action is taken with respect to the individual's operating privilege or license, an opportunity for an individual who failed to comply with a subpoena or warrant to fulfill the requirements under the subpoena or warrant before any action is taken with respect to the individual's operating privilege or license, an opportunity for a hearing for an individual who owes delinquent support before a court or family court commissioner and reinstatement of an individual's operating privilege or license. For an individual who owes delinquent support, the operating privilege or license must be reinstated upon payment of the delinquent amount or making satisfactory alternative payment arrangements, and, for an individual who failed to comply with a subpoena or warrant, the operating privilege or license must be reinstated upon fulfillment of the requirements under the subpoena or warrant. However, in no case may an operating privilege or a license be restricted, suspended, denied or refused renewal for more than 5 years.

Under current law, a petition in an action affecting the family, such as a divorce or child support action, must include the social security numbers of the parties. This bill requires that all written judgments in actions affecting the family include the social security numbers of the parties and of any child of the parties.

Under current law, clerks of court must forward to the state registrar on a biweekly basis a report of every divorce or annulment that was granted in the clerk's court during that period. Clerks of court are also required to submit to the state registrar a report of paternity determination within 30 days after entry of a paternity judgment. The report must include the name and date and place of birth of the adjudicated father. Under the bill, the divorce and annulment report must include the social security numbers of the parties to the divorce or annulment and of any child of the parties. The paternity report must include the social security numbers of the adjudicated father, the mother and the child. The bill also requires that the social security numbers of persons signing a statement acknowledging paternity (the mother of the child and the man acknowledging paternity) be included on the statement form.

Under current law, an application for a marriage license and a marriage document (which consists of the marriage license, the marriage certificate and confidential information collected for statistical purposes) must contain any information that the department of health and family services directs. The bill requires that the social security numbers of the parties be required on the application and included on the marriage document.

Financial records matching; liens and seizures

The bill provides that, if a person fails to pay any amount of court-ordered child support, family support, maintenance or medical or birth expenses, the amount becomes a lien in favor of DWD upon all property of the person when it is included in a statewide support lien docket maintained by DWD. For each entry in the statewide support lien docket, DWD is required to include the obligor's name and social security number. For each county in the state, DWD is required to provide a copy of the statewide support lien docket to either the register of deeds or the county child support agency in that county or both. DWD must update the statewide support lien docket in response to orders issued by a court or family court commissioner. Upon payment of the delinquent amount to the county child support agency, the payer may require the county child support agency to provide a satisfaction of lien showing that the delinquent amount has been paid in full.

When a delinquent obligation is included in the statewide support lien docket, DWD is required to provide notice to the obligor that a lien on the obligor's property is in effect and that the obligor may, within a 20-day period, request a court hearing on the issue. If the obligor makes a timely request for hearing, the court or family court commissioner shall schedule a hearing within 10 business days. If it is established at the hearing that the lien is not proper because of a mistake of fact, the court or family court commissioner shall direct DWD to remove the lien from the statewide support lien docket.

DWD is granted general power to levy against property of the obligor to enforce the lien. The procedures for levying against this property vary depending upon whether the property is an account at a financial institution, other personal property or real property. The procedures are as follows:

1. Financial accounts. The bill requires financial institutions doing business in this state to participate in a financial record matching program. Under this program, a financial institution may opt to participate in either the financial institution matching option or the state matching option. Under the financial institution matching option, DWD is required to periodically provide the financial institution with information regarding delinquent obligors. The financial institution is then required to match this information against its account records to determine whether any of these obligors have an account at the institution. If the financial institution finds a match, the financial institution is required to provide information regarding the account to DWD. The financial institution is prohibited from using the information that it receives from DWD for purposes other than the matching program and is prohibited from disclosing or retaining information regarding obligors who do not maintain an account at the financial institution. Under the state matching option, the financial institution is required to provide information on all of its accounts to DWD. DWD is then required to determine whether a delinquent obligor has an account at the financial institution. DWD is prohibited from using the account information for purposes other than the matching program and is prohibited from disclosing or retaining information regarding account holders who are not delinquent obligors.

Both the financial institution matching option and the state matching option provide that the information shall be exchanged between DWD and the financial institution in the manner specified by rule or by agreement. To the extent feasible, the information is to be exchanged by an automated data exchange. The bill provides that a financial institution is not liable to any person for disclosing financial records to a child support agency attempting to establish, modify or enforce a support obligation, or for disclosures of account information, seizures of assets or other actions taken in good faith in participating in the financial record matching program.

To enforce a lien against an account at a financial institution, DWD shall send a notice of levy to the financial institution instructing the financial institution to "freeze" the obligor's accounts at the institution in an amount equal to the amount of the delinquency, plus estimated levy fees and costs and financial institution fees. No later than the next day after the notice of levy is sent to the financial institution, DWD is required to send a copy of the notice of levy to the obligor, stating the amount of owed support and that one or more of the obligor's accounts at the financial institution named in the notice have been frozen, and that the obligor may request a hearing within 20 days after the date of the notice of levy. Unless DWD or a court instructs the financial institution to release the funds within 20 days after the date of the notice of levy, the financial institution is required to pay the amount specified in the notice of levy to DWD. If a hearing is requested and the court or family court commissioner determines that the account holder does not owe the amount of support claimed by DWD, DWD is required to return the funds to the account holder.

2. Other personal property. DWD may levy against other personal property by seizing personal property. DWD must immediately notify the obligor, and any person known to have a lien on the property, that the property has been seized. If the property is titled, the notice must also be provided to the state agency that titles the property together with instructions not to transfer title to the property without instructions from DWD or a court. The notice must inform the obligor that he or she may, within 20 days, request a hearing on whether the support was owed and whether the property was wrongfully seized. The hearing is with the court or family court commissioner issuing the order to pay the support. If a hearing is not requested or is not decided in favor of the person whose property was seized, DWD must send a notice to the obligor of the time and place where the property will be sold. The property may be redeemed prior to the sale by paying the amount owed. DWD shall give the purchaser of the property a certificate of sale and, if the property is titled, instruct the state agency to transfer title to the purchaser of the property.

3. Real property. To levy against real property, DWD must provide the obligor, and any persons known to have liens on the property, with a notice of intent to levy. The notice must include information on requesting a hearing on whether the support is owed. The hearing is with the court or family court commissioner issuing the order to pay support. Unless the support is paid or unless the hearing determines that the support is not owed, DWD may send a final notice of seizure, stating the date by which the obligor must vacate the premises and stating the date of sale. DWD must allow at least 60 days for the obligor to vacate the property and 90 days before the sale. The register of deeds is sent a copy of the final notice and is instructed not to record a deed for the property, except on the instructions of a court or DWD. Notice of the sale must be publicly advertised and the obligor is entitled to redeem the property prior to the date of sale by paying the full amount owed, together with any levy fees and costs.

The bill also contains provisions requiring 3rd parties possessing property or rights to property that is subject to a levy to surrender them to DWD. A 3rd party is entitled to a levy fee of $5 for each levy in any case where property is secured through the levy and DWD is authorized to recover its costs of levy. These costs can be deducted from the proceeds of the levy after first paying any liens on the property prior to the delinquent support lien and then paying the amount of the delinquent support. The bill contains provisions for bringing actions against the state in cases of wrongful levy. DWD may delegate its powers and responsibilities with respect to support liens and levies to county child support agencies, but DWD is required to approve the initiation of levies against real property. DWD may contract with a county sheriff to perform the sale of real or personal property.

Confidential records

DWD administers a child and spousal support and establishment of paternity and medical liability support program. The main purposes of the program are to establish, modify and enforce support obligations and to establish paternity for the purpose of establishing a support obligation. County child support agencies administer the program at the local level. Current law provides that DWD may request from any person any information that it determines is appropriate and necessary for the administration of the program. A person who is the subject of a request for information must provide the information within 7 days after receiving a request. DWD and county child support agencies may disclose the information only in the administration of the program. This bill provides that DWD and county child support agencies may issue subpoenas to compel the production of financial information and other documentary evidence in the administration of the program. The bill also requires that a person in this state must comply with an administrative subpoena issued from another state to compel production of the same types of evidence for comparable purposes. A person who provides access to records or who discloses information as requested is not liable to any person for providing the access or for disclosing the information. A person who does not comply with a request for information or access to records, however, may be required to pay a forfeiture to be determined by DWD by rule.

Under current law, all persons (including state agencies) are required to provide to DWD all information requested by DWD if DWD determines that the information is appropriate and necessary for the administration of the child and spousal support and establishment of paternity and medical liability program and certain other state and federal public assistance and medical programs. This law conflicts with certain other laws that authorize or require state agencies to maintain the confidentiality of certain information contained in records of the agencies.

This bill reconciles those conflicts by giving precedence to DWD's right of access to certain records and information notwithstanding existing confidentiality provisions. Among the records and information affected by the bill are certain driving records and accident reports kept by the department of transportation (DOT), information from income tax and sales tax returns, certain records under the unemployment compensation and worker's compensation programs, certain records of applicants for public positions, certain information collected by the department of public instruction for issuing, renewing or revoking certain licenses, records of background checks of prospective handgun purchasers, financial statements filed with the department of agriculture, trade and consumer protection by dairy plant applicants, records received by DNR from the owner or operator of a hazardous waste facility and information provided by persons to the state public defender that is used to determine whether the person qualifies for representation due to indigency.

Voluntary acknowledgment of paternity

Under current law, a judge or family court commissioner may order the parties to a paternity action to undergo genetic tests for the purpose of determining paternity. If a party in a paternity action requests genetic tests, the judge or family court commissioner must order them. The bill authorizes a county child support agency to administratively require a child, the child's mother and a male who is alleged, or who alleges himself, to be the father of the child to submit to genetic tests if there is probable cause to believe that the child's mother and the male had sexual intercourse during a possible time of the child's conception. A sufficient affidavit from either the mother or the alleged father may establish the necessary probable cause. Genetic tests ordered by the county child support agency will be paid for by the county. If a party requests subsequent tests, however, the requesting party must pay for the tests in advance unless he or she is indigent, in which case the county will pay for the tests but may seek reimbursement. The results of genetic test ordered by a county child support agency may be used in a paternity action.

Under current law, generally only after a man has been adjudicated to be the father of a nonmarital child in a paternity action may any orders related to the child, such as orders for the payment of child support or for custody or physical placement rights, be made with respect to the man. An exception is if the man has signed and filed with the state registrar a statement acknowledging paternity. In that case, a judge or family court commissioner may order the man to pay child support in any action affecting the family, such as an action for support. The action need not be a paternity action. Within one year after signing a statement acknowledging paternity or one year after attaining age 18, whichever is later, a person who signed the statement, which may be either the man or the mother of the child, may request that the judge or family court commissioner order genetic tests. If the results of the genetic tests exclude the man as the father of the child, the court must dismiss any action for support, or vacate any order for support, with respect to the man.

This bill changes the provisions related to statements acknowledging paternity and applies only to those statements that are signed and filed with the state registrar on or after the day after publication. Those statements must contain notice of the provisions of the statute, and the parties signing the statements must be given written and oral notice of the legal consequences of, the rights and responsibilities arising from and the alternatives to, signing the statement.

Under the bill, a statement acknowledging paternity may be rescinded by either party who signed the statement by filing a document prescribed by the state registrar for that purpose before the earlier of the day on which a court makes an order in an action affecting the family with respect to the man and child or 60 days after the statement was filed. If a party who signed the statement was a minor when the statement was filed, that party may rescind the statement before the earlier of the day on which a court makes an order in an action affecting the family with respect to the man and child or 60 days after the party attains age 18. If the statement is not timely rescinded, the filed statement becomes a conclusive determination of paternity with the same effect as a judgment of paternity. A determination of paternity on the basis of a filed statement may be voided by a court only upon a showing of fraud, duress or mistake of fact.

The bill provides that an action affecting the family that seeks to establish a support obligation for, or custody, physical placement or visitation rights to, a child may be brought with respect to parties who signed and filed a statement acknowledging paternity with regard to the child. If the statement has not been rescinded and the parties had notice of the hearing in the matter, the court or family court commissioner may make the same orders that may be made in paternity actions, which include orders concerning child support, legal custody, physical placement, pregnancy expenses and the child's health care expenses. Current law provides that in a paternity action, the mother of the child is to have sole legal custody unless the court orders otherwise. The bill provides that in both paternity actions and actions based on a statement acknowledging paternity, the mother of the child is to have sole legal custody if the father does not request legal custody. If the father does request legal custody, however, the court or family court commissioner must use the same factors in determining legal custody that are used in divorce actions.

Although the new provisions apply only to statements acknowledging paternity that are signed and filed on or after the day after publication, a party that signed and filed a statement before that date may sign and file a new one on or after that date. In that case, the previous statement is superseded, and the new statement becomes a conclusive determination of paternity upon the expiration of the time during which the new statement may be rescinded.

The bill also makes applicable to a paternity determination that arises by acknowledgment a number of statutory provisions that apply to a paternity determination that arises by adjudication. Some examples are: the definition of "parent" in a number of situations, whether the paternity of a child to be adopted has been established, when the attorney responsible for support enforcement does not commence a paternity action if no father is named on a child's birth certificate and when a father may inherit from a nonmarital child.

Levying against pension plans and judgments

Under current law, all pension plan benefits provided by the department of employe trust funds (DETF), any retirement system of any 1st class city (currently, only the city of Milwaukee) and any retirement system established by a county government (currently, only Milwaukee County) are generally not assignable or subject to execution, levy, attachment, garnishment or other legal process. This bill makes any monthly annuity payment by DETF, any retirement system of a 1st class city or any retirement system established by a county government assignable and subject to execution, levy, attachment, garnishment and other legal processes that relate to child support and family or other maintenance support. In addition, the bill authorizes DWD to direct DETF, any retirement system of a 1st class city, any retirement system established by a county government or any private pension plan to withhold from any lump sum payment that may be paid a person an amount owed by the person for delinquent support.

Under this bill, DWD may place a lien on any judgment in favor of a person who is delinquent in, or has a balance outstanding related to, the payment of support, maintenance or other expenses for the support of a child or spouse. Under the bill, DWD or the county child support agency notifies the person who owes the money or who holds the money in trust under the judgment or settlement of the delinquency or balance outstanding and that the person must pay to DWD or the county child support agency that amount before paying any money to the person who has the judgment (up to the amount of the judgment). Under the bill, the person who is owed the money under the judgment is notified of the lien and is given an opportunity to contest the withholding of the amount of the delinquency or outstanding balance before the court that set the support obligation.

Cooperation of W-2 participants

Under current law, DWD must establish a uniform system of fees for services provided to individuals under the child and spousal support and establishment of paternity and medical liability support program. Individuals who receive foster care aid, aid to families with dependent children, medical assistance, Wisconsin works (W-2) benefits or kinship care payments are exempt from the fee. This bill expands the fee exemptions to include recipients of food stamps and federal foster care maintenance payments.

Currently, to fulfill an eligibility requirement under the W-2 program, an individual applying for the W-2 program must cooperate in efforts directed at establishing the paternity of the individual's dependent children and obtaining support payments or any other payments or property to which the individual or his or her dependent children may have rights. An individual who fails 3 times to cooperate remains ineligible for W-2 until the individual cooperates or for a period of 6 months, whichever is later.

This bill requires, as a condition of eligibility, that every parent in the individual's W-2 group cooperate with paternity establishment and child and spousal support efforts for any minor child of that parent regardless of whether the child resides with that parent and regardless of whether that parent is applying for W-2. An individual who is a member of a W-2 group that fails 3 times to cooperate with the paternity establishment or support efforts is ineligible for W-2 until the W-2 group cooperates or for a period of 6 months, whichever is later.

Health care coverage notice

Under current law, if a court orders child support in an action affecting the family, the court is required to assign responsibility for payment of the child's health care expenses. The court may order a parent to initiate or continue health insurance coverage for the child. If the court orders a parent who is eligible for family coverage under an employer-provided plan to provide coverage of the child's health care expenses, the employer is required to provide family coverage for the parent and child, without regard to any enrollment or waiting period restrictions that may apply, upon the application of the parent who is the employe, the child's other parent, DWD or the county child support agency.

This bill provides that, if a parent who provides health care coverage for a child under a court order changes employers and the parent has a court-ordered child support obligation with respect to the child, the county child support agency must notify both the parent and the parent's new employer of the health care coverage order. If the employer provides health care coverage for its employes and the parent is eligible for family coverage under the health benefit plan, the employer must enroll the child in the health benefit plan upon receiving notice of the order. The notice to the parent must inform the parent that coverage for the child will be in effect upon receipt of the notice by the employer. Within 10 days after receiving the notice, the parent may request a hearing before the court or family court commissioner on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. The bill also requires the employer to notify the county child support agency when the child is covered under the health benefit plan and to provide necessary plan identification to the child's other parent upon request.

Voluntary paternity acknowledgment information

Under current law, if a child's birth occurs in or en route to a hospital and if the child's parents are unmarried, the hospital administrator or his or her designee must provide the child's mother with a voluntary paternity acknowledgment form and with a pamphlet that has information about birth certificates, including how to add to a birth certificate the name of the father of a child whose parents were not married. The hospital must submit any completed forms to the state registrar. (Beginning on January 1, 1998, DWD must pay the filing party a financial incentive for correctly filing a form within 60 days after the child's birth.) The fee for making an alteration in a birth certificate is $10. Upon receipt of the voluntary acknowledgement form and the fee, the state registrar must insert the name of the father on the birth certificate.

This bill requires that trained, designated hospital staff provide to the child's available unmarried parents oral information or an audio or video presentation and written information about the voluntary paternity acknowledgment form and about the significance and benefits of, and alternatives to, establishing paternity, before the parents sign the form. The bill provides immunity from civil liability for trained, designated hospital staff who provide this information in good faith. The staff must also provide an opportunity to complete the form and to have the form notarized in the hospital. DWD must provide to hospitals the written information required to be provided to parents and must provide training to hospital staff concerning the voluntary acknowledgment form and the significance and benefits of, and alternatives to, establishing paternity.

Conversion of child support orders to sum certain amounts