AB651: Bill Text

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

Under current law, a child support obligation may be expressed as a sum certain amount or as a percentage of a parent's income. Consequently, an income-withholding order that is sent to an employer for withholding child support from a parent's income may require a percentage of the parent's income or a sum certain amount to be withheld. Under the Uniform Interstate Family Support Act, an employer that receives an income-withholding order from another state must comply with the order if it satisfies certain requirements, one of which is that the amount of support to be withheld is expressed as a sum certain amount. This bill authorizes a county child support agency to convert a support amount in an income-withholding order that is expressed as a percentage of income to the equivalent sum certain amount for purposes of enforcing a support order in another state.

Paternity presumption

Under current law, a man is presumed to be the natural father of a child if he was married to the child's mother when the child was conceived or born or if he and the child's mother married after the child's birth but had a relationship during the period of time within which the child was conceived. In a paternity action, if genetic tests show that a man alleged to be the father is not excluded as the father and that the probability that he is the father is 99.0% or more, that man is presumed to be the father. This bill provides that a presumption of paternity that arises on the basis of marriage is rebutted in a legal action or proceeding by results of a genetic test that show that a man other than the one presumed to be the father is not excluded as the father and that the statistical probability that the man is the father is 99.0% or higher, even if the man who is presumed to be the father on the basis of marriage is unavailable to submit to genetic tests.

Miscellaneous paternity and support changes

Under current law, an order for child or family support or maintenance is an automatic assignment of wages or other earnings to the clerk of court. When a support or maintenance order is entered, the court must send notice of the assignment by regular mail to a payer's employer or other person who owes the payer money, requiring withholding of the amount provided in the support order. The support and withholding orders may be expressed as a fixed sum, as a percentage of income or as both in the alternative, requiring payment of the greater or lesser amount. If the payer is entitled to unemployment compensation, however, the order to withhold benefits must be for an amount certain.

This bill authorizes the court to send notice of assignment by facsimile machine or other electronic means in addition to regular mail. Orders for the withholding of unemployment compensation may be expressed as a fixed sum, as a percentage of benefits payable or as both in the alternative, requiring payment of the greater or lesser amount. Notices of assignment for withholding must include the information that the maximum amount withheld may not exceed the maximum amount that is subject to garnishment under federal law.

Under current law, if the petitioner in a paternity action fails to appear at a pretrial hearing or at the trial, the court may dismiss the action. If the respondent in a paternity action is the alleged father and he fails to appear for a court-ordered genetic test or a hearing at which an appearance is required, the court must adjudicate the respondent to be the father. The bill provides that, if the mother of the child in a paternity action fails to appear for a court-ordered genetic test or a hearing at which an appearance is required, the court may adjudicate the alleged father, or the man who alleges that he is the father, to be the father of the child if there is sufficient evidence for such a finding.

Under current law, tax returns are open to examination by state employes for the purpose of administering the child and spousal support program. The purpose of that program, which is administered by DWD, is to establish paternity and to establish, revise if appropriate and enforce support obligations. This bill provides that employes of county child support agencies may also examine tax returns for the purpose of administering the child and spousal support program. The county child support agencies administer the program at the local level.

This bill makes 3 changes to the paternity statutes. Under current law, a court must order genetic tests in a paternity matter upon the request of a party if there is probable cause to believe that any of the males in the action had sexual intercourse with the child's mother at the possible time of conception. Probable cause may be shown by a sufficient petition or affidavit of the mother. This bill adds that probable cause may also be shown by a sufficient petition or affidavit of an alleged father or by sworn testimony of the mother or an alleged father. Under current law, a court may not make a temporary order for support, legal custody or physical placement in a paternity matter unless the alleged father has been adjudicated to be the father, or unless the alleged father is presumed to be the father because he and the child's mother married after the birth of the child but had a relationship during the time in which the child was conceived or because he and the child's mother were married when the child was conceived or born but have since divorced. This bill provides that the court must make a temporary order for child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses, upon the motion of a party, if genetic tests do not exclude the alleged father and show that the statistical probability of his parentage is 99% or higher. The bill also provides that bills for articles or services related to the pregnancy, childbirth or genetic testing may be admitted into evidence and are sufficient evidence in themselves to show those expenses.

Under current law, interest of 1.5% per month accrues on child support that is not paid on time, beginning on the first day of the 2nd month after the month in which the payment was due. This bill changes the time at which the interest begins to accrue to the first day of the 4th month beginning after the month in which the payment was due.

Under current law, a person who requests a 2nd or subsequent series of genetic tests in a paternity action may be required to pay for the tests in advance. The bill provides that the judge or family court commissioner hearing the matter must require the person to pay for the tests in advance unless the judge or family court commissioner finds the person to be indigent.

The bill makes a few other minor changes to the child support statutes, including: requiring the addition of children's social security numbers to petitions filed in actions affecting the family (currently only the parties' social security numbers are required), requiring child support that is received to be credited first to the payment of support that is due within the calendar month during which it is received (currently support received is credited first to the payment of support that is due within the calendar month during which it is withheld from income), requiring persons (usually employers) who withhold child support from a payer's income to report to the clerk of court the gross amount of income from which the child support was withheld and providing that support under an existing order for a child who is later placed in a state institution is assigned to the state (currently the statutes provide that a court may order that support be paid to the institution if the child is in an institution when the support is first ordered).

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB651, s. 1 Section 1. 13.63 (1) of the statutes is amended to read:

AB651,18,11 13.63 (1) Licenses. An application for a license to act as a lobbyist may be obtained from and filed with the board. An applicant shall include his or her social security number on the application. The application shall be signed, under the penalty for making false statements under s. 13.69 (6m), by the lobbyist. Upon approval of the application and payment of the applicable license fee under s. 13.75 (1) or (1m) to the board, the board shall issue a license which entitles the licensee to practice lobbying on behalf of each registered principal who or which has filed an authorization under s. 13.65 for that lobbyist and paid the authorization fee under s. 13.75 (4). The license shall expire on December 31 of each even-numbered year. No The board shall not issue a license to an applicant who does not provide his or her social security number. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No other application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under s. 13.69 (4) or an application by a lobbyist whose license has been revoked under s. 13.69 (7) and only for the period of such ineligibility or revocation. Denial Except with respect to a license that is denied or suspended pursuant to a memorandum of understanding entered into under s. 49.857, denial or suspension of a license may be reviewed under ch. 227.

AB651, s. 2 Section 2. 13.64 (1) (a) of the statutes is amended to read:

AB651,18,16 13.64 (1) (a) If the principal is an individual, the name and address of the individual's employer, if any, or the individual's principal place of business if self-employed, and a description of the business activity in which the individual or the individual's employer is engaged and the individual's social security number.

AB651, s. 3 Section 3. 13.64 (2) of the statutes is amended to read:

AB651,19,10 13.64 (2) The registration shall expire on December 31 of each even-numbered year. The board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.

AB651, s. 4 Section 4. 19.36 (7) (b) of the statutes is amended to read:

AB651,19,20 19.36 (7) (b) Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant. This paragraph does not apply to a request under s. 49.22 (2m) for access to a record by the department of workforce development or a county child support agency under s. 59.53 (5).

AB651, s. 5 Section 5. 19.55 (2) (intro.) of the statutes is amended to read:

AB651,19,25 19.55 (2) (intro.) The Except as requested under s. 49.22 (2m) by the department of workforce development or a county child support agency under s. 59.53 (5), the following records in the board's possession are not open for public inspection:

AB651, s. 6 Section 6. 19.55 (2) (d) of the statutes is created to read:

AB651,20,5 19.55 (2) (d) Records of the social security number of any individual who files an application for licensure as a lobbyist under s. 13.63 or who registers as a principal under s. 13.64, except to the department of workforce development for purposes of administration of s. 49.22.

AB651, s. 7 Section 7. 20.445 (1) (L) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB651,20,11 20.445 (1) (L) (title) Fees Child support-related fees. All moneys received from fees charged to counties under ss. 49.22 (8) and 108.13 (4) (f) and all moneys received under s. 49.854 (11) (b) for administrative costs incurred in the enforcement of child and spousal support obligations under 42 USC 654.

AB651, s. 8 Section 8. 20.445 (3) (k) of the statutes is created to read:

AB651,20,16 20.445 (3) (k) Child support transfers. All moneys transferred from the appropriation account under par. (r), to be distributed for the support of dependent children in accordance with applicable federal and state statutes, federal regulations and state rules.

AB651, s. 9 Section 9. 20.445 (3) (k) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB651,20,23 20.445 (3) (k) Child support transfers. All moneys transferred from the appropriation account under par. (r), to be expended under the Wisconsin works program under subch. III of ch. 49 and to be distributed as provided in s. 49.24 and for the support of dependent children in accordance with applicable federal and state statutes, federal regulations and state rules.

AB651, s. 10 Section 10. 20.445 (3) (r) of the statutes is created to read:

AB651,21,7 20.445 (3) (r) Support receipt and disbursement program; payments. All moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), by the support collections trust fund for disbursement to the persons for whom the payments are awarded, for returning seized funds under s. 49.854 (5) (f) and, if assigned under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b., for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB651, s. 11 Section 11. 20.445 (3) (r) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB651,21,20 20.445 (3) (r) Support receipt and disbursement program; payments. From the support collections trust fund, all moneys received under s. 49.854, except for moneys received under s. 49.854 (11) (b), all moneys received under ss. 767.265 and 767.29 for child or family support, maintenance, spousal support, health care expenses or birth expenses, and all other moneys received under judgments or orders in actions affecting the family, as defined in s. 767.02 (1), for disbursement to the persons for whom the payments are awarded, for returning seized funds under s. 49.854 (5) (f) and, if assigned under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm), for transfer to the appropriation account under par. (k). Estimated disbursements under this paragraph shall not be included in the schedule under s. 20.005.

AB651, s. 12 Section 12 . 20.921 (2) (a) of the statutes is amended to read:

AB651,22,4 20.921 (2) (a) Whenever it becomes necessary in pursuance of any federal or state law or court-ordered assignment of income under s. 46.10 (14) (e), 767.23 (1) (L), 767.25 (4m) (c), 767.265 or, 767.51 (3m) (c) or 767.62 (4) (b) 3. to make deductions from the salaries of state officers or employes or employes of the University of Wisconsin Hospitals and Clinics Authority, the state agency or authority by which the officers or employes are employed is responsible for making such deductions and paying over the total thereof for the purposes provided by the laws or orders under which they were made.

AB651, s. 13 Section 13. 25.17 (1) (tm) of the statutes is created to read:

AB651,22,6 25.17 (1) (tm) Support collections trust fund (s. 25.68);

AB651, s. 14 Section 14. 25.68 of the statutes is created to read:

AB651,22,11 25.68 Support collections trust fund. There is created a separate nonlapsible trust fund designated as the support collections trust fund, to consist of all moneys received by the department of workforce development under s. 49.854, except for moneys received under s. 49.854 (11) (b).

AB651, s. 15 Section 15. 25.68 of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB651,22,16 25.68 Support collections trust fund. There is created a separate nonlapsible trust fund designated as the support collections trust fund, to consist of all of the following:

AB651,22,18 (1) All moneys received by the department of workforce development under s. 49.854, except for moneys received under s. 49.854 (11) (b).

AB651,22,20 (2) All moneys received under ss. 767.265 and 767.29 for child or family support, maintenance or spousal support, health care expenses or birth expenses.

AB651,22,23 (3) All moneys not specified under sub. (2) that are received under a judgment or order in an action affecting the family, as defined in s. 767.02 (1), by the department of workforce development or its designee.

AB651, s. 16 Section 16. 29.09 (11m) of the statutes is created to read:

AB651,23,4 29.09 (11m) Denial and revocation of approvals based on child support delinquency. (a) Social security numbers required. The department shall require an applicant who is an individual to provide his or her social security number as a condition of applying for, or applying to renew, any of the following approvals:

AB651,23,5 1. Any license issued under this chapter.

AB651,23,6 2. Any permit issued under s. 29.38, 29.521, 29.525, 29.53 or 29.578.

AB651,23,7 3. A wild rice identification card issued under s. 29.544.

AB651,23,10 (b) Duplicates. For purposes of this section, an application for a duplicate of an approval specified in par. (a) shall be considered an application for the issuance of the approval.

AB651,23,14 (c) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under par. (a) to any person except to the department of workforce development for the sole purpose of administering s. 49.22.

AB651,23,24 (d) Denial of approvals. 1. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew, suspend if already issued or otherwise withhold or restrict an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

AB651,24,4 2. As provided in the memorandum of understanding required under s. 49.857 (2), the department shall deny an application to issue or renew an approval specified in par. (a) 1. to 3. if the applicant for or the holder of the approval fails to provide his or her social security number as required under par. (a).

AB651, s. 17 Section 17. 29.1085 (3) (c) 1. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB651,24,10 29.1085 (3) (c) 1. The department shall issue a notice of approval to those qualified applicants selected to receive a Class A bear license. A person who receives a notice of approval and who pays the required fee shall be issued the license subject to s. 29.09 (11m).

AB651, s. 18 Section 18. 29.1085 (3) (c) 2. of the statutes, as affected by 1997 Wisconsin Act 1, is amended to read:

AB651,24,15 29.1085 (3) (c) 2. A Class B bear license shall be issued subject to s. ss. 29.09 and 29.09 (11m) by the department or by a county clerk to any resident who applies for this license and who pays the required fee.

AB651, s. 19 Section 19. 29.134 (3) of the statutes is amended to read:

AB651,24,19 29.134 (3) Licenses shall be issued, subject to s. 29.09 (11m), by the department upon application. The form of application and license shall be prescribed by the department.

AB651, s. 20 Section 20. 29.135 (3) of the statutes is amended to read:

AB651,24,24 29.135 (3) Issuance. The department shall issue a wholesale fish dealer license to any person 18 years of age or older who applies for this license, if that person is not otherwise prohibited from being issued a license under s. 29.09 (11m), 29.99 or 29.995.

AB651, s. 21 Section 21. 29.145 (1c) (intro.) of the statutes is amended to read:

AB651,25,3 29.145 (1c) Fishing license for disabled persons. (intro.) The department shall issue, subject to s. 29.09 (11m), an annual disabled person fishing license to any resident who applies for this license and who does one of the following:

AB651, s. 22 Section 22. 29.33 (2) (d) of the statutes is amended to read:

AB651,25,16 29.33 (2) (d) Transfer of license. The department may, upon application, permit the transfer of a license to any similar boat during the time a licensed boat is disabled or undergoing repairs or upon the sale of a licensed boat. The department shall promulgate rules governing the transfer of commercial fishing licenses between individuals equally qualified to hold the licenses and to members of a licensee's immediate family provided the rules assure the wise use and conservation of the fish resources being harvested under the license. The rules shall relate only to those waters in which the number of licenses is limited. The commercial fishing boards, under sub. (7), shall approve or deny transfers of commercial fishing licenses in accordance with the rules promulgated under this section. For purposes of s. 29.09 (11m), a transfer of a license under this section shall be considered an issuance of a license to the transferee.

AB651, s. 23 Section 23. 29.521 (2) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB651,25,22 29.521 (2) (a) The department, subject to s. 29.09 (11m), shall issue a permit under this subsection for a natural body of water specified under sub. (1) (c) 1. if the department determines that no substantial public interest exists in the body of water and that no public or private rights in the body of water will be damaged.

AB651, s. 24 Section 24. 29.521 (2) (c) 1. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB651,26,5 29.521 (2) (c) 1. The department, subject to s. 29.09 (11m), shall renew a permit issued under this subsection unless the department determines that there has been a substantial change in circumstances that is related to a determination made under par. (a) for the natural body of water or that is related to the application of the criteria promulgated under par. (f) to the body of water.

AB651, s. 25 Section 25. 29.544 (3) of the statutes is amended to read:

AB651,26,15 29.544 (3) License required exceptions; wild rice identification card. Every person over the age of 16 and under the age of 65 shall obtain the appropriate wild rice license to harvest or deal in wild rice but no license to harvest is required of the members of the immediate family of a licensee or of a recipient of old-age assistance or members of their immediate families. The department, subject to s. 29.09 (11m), shall issue a wild rice identification card to each member of a licensee's immediate family, to a recipient of old-age assistance and to each member of the recipient's family. The term "immediate family" includes husband and wife and minor children having their abode and domicile with the parent or legal guardian.

AB651, s. 26 Section 26. 29.573 (2) of the statutes is amended to read: