AB768,239,5 3(10) The department shall make all reasonable and proper efforts to collect all
4claims for maintenance, to keep payments current, and to periodically review all
5unpaid claims.
AB768,239,7 6(11) (a) Except as provided in par. (b), in any action to recover from a person
7liable under this section, the statute of limitations may be pleaded in defense.
AB768,239,108 (b) If a person who is liable under this section is deceased, a claim may be filed
9against the decedent's estate and the statute of limitations specified in s. 859.02 shall
10be exclusively applicable.
AB768,239,21 11(14) (a) Except as provided in pars. (b) and (c), liability of a person specified in
12sub. (2) or s. 301.03 (18) for care and maintenance of persons under 17 years of age
13in residential, nonmedical facilities such as group homes, foster homes, treatment
14foster homes, child caring institutions and juvenile correctional institutions is
15determined in accordance with the cost-based fee established under s. 301.03 (18).
16The department shall bill the liable person up to any amount of liability not paid by
17an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules
18which include formulas governing ability to pay promulgated by the department
19under s. 301.03 (18). Any liability of the resident not payable by any other person
20terminates when the resident reaches age 17, unless the liable person has prevented
21payment by any act or omission.
AB768,240,422 (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent
23specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's
24minor child who has been placed by a court order under s. 938.183, 938.355 or
25938.357 in a residential, nonmedical facility such as a group home, foster home,

1treatment foster home, child caring institution or juvenile correctional institution
2shall be determined by the court by using the percentage standard established by the
3department of workforce development under s. 49.22 (9) and by applying the
4percentage standard in the manner established by the department under par. (g).
AB768,240,85 (c) Upon request by a parent, the court may modify the amount of child support
6payments determined under par. (b), subject to par. (cm), if, after considering the
7following factors, the court finds by the greater weight of the credible evidence that
8the use of the percentage standard is unfair to the child or to either of the parents:
AB768,240,99 1. The needs of the child.
AB768,240,1110 2. The physical, mental and emotional health needs of the child, including any
11costs for the child's health insurance provided by a parent.
AB768,240,1412 3. The standard of living and circumstances of the parents, including the needs
13of each parent to support himself or herself at a level equal to or greater than that
14established under 42 USC 9902 (2).
AB768,240,1515 4. The financial resources of the parents.
AB768,240,1816 5. The earning capacity of each parent, based on each parent's education,
17training and work experience and based on the availability of work in or near the
18parent's community.
AB768,240,1919 6. The need and capacity of the child for education, including higher education.
AB768,240,2020 7. The age of the child.
AB768,240,2121 8. The financial resources and the earning ability of the child.
AB768,240,2322 9. The needs of any person, including dependent children other than the child,
23whom either parent is legally obligated to support.
AB768,240,2524 10. The best interests of the child, including, but not limited to, the importance
25of a placement that will promote the objectives specified in s. 938.01.
AB768,241,1
111. Any other factors that the court in each case determines are relevant.
AB768,241,62 (cm) 1. Except as provided in subd. 2., if a parent who is required to pay child
3support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the
4child for whom support is ordered, the amount of the child support payments
5determined under par. (b) or (c) may not exceed the amount of the adoption assistance
6payments.
AB768,241,107 2. Subdivision 1. does not apply if, after considering the factors under par. (c)
81. to 11., the court finds by the greater weight of the credible evidence that limiting
9the amount of the child support payments to the amount of the adoption assistance
10payments is unfair to the child or to either of the parents.
AB768,241,1711 (d) If the court finds under par. (c) that use of the percentage standard is unfair
12to the minor child or either of the parents, the court shall state in writing or on the
13record the amount of support that would be required by using the percentage
14standard, the amount by which the court's order deviates from that amount, the
15court's reasons for finding that use of the percentage standard is unfair to the child
16or the parent, the court's reasons for the amount of the modification and the basis for
17the modification.
AB768,241,2518 (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or
19938.363 (2) for support determined under this subsection constitutes an assignment
20of all commissions, earnings, salaries, wages, pension benefits, benefits under ch.
21102 or 108 and other money due or to be due in the future to the county department
22under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the
23department, depending upon the placement of the child as specified by rules
24promulgated under subd. 5. The assignment shall be for an amount sufficient to
25ensure payment under the order.
AB768,242,4
12. Except as provided in subd. 3., for each payment made under the assignment,
2the person from whom the payer under the order receives money shall receive an
3amount equal to the person's necessary disbursements, not to exceed $3, which shall
4be deducted from the money to be paid to the payer.
AB768,242,95 3. Benefits under ch. 108 may be assigned and withheld only in the manner
6provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for
7an amount certain. When money is to be withheld from these benefits, no fee may
8be deducted from the amount withheld and no fine may be levied for failure to
9withhold the money.
AB768,242,1810 4. No employer may use an assignment under this paragraph as a basis for the
11denial of employment to a person, the discharge of an employe or any disciplinary
12action against an employe. An employer who denies employment or discharges or
13disciplines an employe in violation of this subdivision may be fined not more than
14$500 and may be required to make full restitution to the aggrieved person, including
15reinstatement and back pay. Except as provided in this subdivision, restitution shall
16be in accordance with s. 973.20. An aggrieved person may apply to the district
17attorney or to the department of workforce development for enforcement of this
18subdivision.
AB768,242,2019 5. The department shall promulgate rules for the operation and
20implementation of assignments under this paragraph.
AB768,243,221 (f) If the amount of the child support determined under this subsection is
22greater than the cost for the care and maintenance of the minor child in the
23residential, nonmedical facility, the assignee under par. (e) 1. shall expend or
24otherwise dispose of any funds that are collected in excess of the cost of such care and

1maintenance in a manner that the assignee determines will serve the best interests
2of the minor child.
AB768,243,93 (g) For purposes of determining child support under par. (b), the department
4shall promulgate rules related to the application of the standard established by the
5department of workforce development under s. 49.22 (9) to a child support obligation
6for the care and maintenance of a child who is placed by a court order under s.
7938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take
8into account the needs of any person, including dependent children other than the
9child, whom either parent is legally obligated to support.
AB768,243,18 10(16) The department shall delegate to county departments under ss. 46.215,
1146.22 and 46.23 or the local providers of care and services meeting the standards
12established by the department under s. 301.08, the responsibilities vested in the
13department under this section for collection of fees for services other than those
14provided at state facilities if those county departments or providers meet the
15conditions considered appropriate by the department. The department may delegate
16to county departments under ss. 46.215, 46.22 and 46.23 the responsibilities vested
17in the department under this section for collection of fees for services provided at the
18state facilities if the necessary conditions are met.
AB768, s. 495 19Section 495. 301.26 (2) (b) of the statutes is amended to read:
AB768,243,2220 301.26 (2) (b) Uniform fees collected or received by counties under s. 46.03
21301.03 (18) for services provided under this section shall be applied to cover the cost
22of the services.
AB768, s. 496 23Section 496. 301.26 (4) (d) 1. of the statutes, as affected by 1997 Wisconsin Act
2427
, is amended to read:
AB768,244,4
1301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s.
2938.34, all payments and deductions made under this subsection and uniform fee
3collections made under s. 46.03 301.03 (18) shall be credited to the appropriation
4account under s. 20.410 (3) (hm).
AB768, s. 497 5Section 497. 301.26 (4) (d) 1m. of the statutes, as affected by 1997 Wisconsin
6Act 27
, is amended to read:
AB768,244,107 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss.
848.366 and 938.183, all payments and deductions made under this subsection and
9uniform fee collections made under s. 46.03 301.03 (18) shall be credited to the
10appropriation account under s. 20.410 (3) (hm).
AB768, s. 498 11Section 498. 301.26 (4) (dt) of the statutes is amended to read:
AB768,244,1412 301.26 (4) (dt) For serious juvenile offender services, all uniform fee collections
13under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account
14under s. 20.410 (3) (hm).
AB768, s. 499 15Section 499. 301.26 (4) (e) of the statutes, as affected by 1997 Wisconsin Acts
1627
and 35, is amended to read:
AB768,244,2117 301.26 (4) (e) For foster care, treatment foster care, group home care and
18institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and
19(14) and 938.52 all payments and deductions made under this subsection and
20uniform fee collections under s. 46.03 301.03 (18) shall be credited to the
21appropriation account under s. 20.410 (3) (ho).
AB768, s. 500 22Section 500. 301.26 (4) (ed) of the statutes, as affected by 1997 Wisconsin Act
2327
, is amended to read:
AB768,245,224 301.26 (4) (ed) For foster care, treatment foster care, group home care and
25institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48

1(4) and (14) and 938.52 all uniform fee collections under s. 46.03 301.03 (18) shall be
2credited to the appropriation account under s. 20.410 (3) (ho).
AB768, s. 501 3Section 501. 301.26 (4) (eg) of the statutes, as affected by 1997 Wisconsin Act
427
, is amended to read:
AB768,245,85 301.26 (4) (eg) For corrective sanctions services under s. 938.533 (2), all
6payments and deductions made under this subsection and uniform fee collections
7under s. 46.03 301.03 (18) shall be credited to the appropriation account under s.
820.410 (3) (hr).
AB768, s. 502 9Section 502. 301.26 (4) (g) of the statutes, as affected by 1997 Wisconsin Act
1027
, is amended to read:
AB768,245,1411 301.26 (4) (g) For juvenile field and institutional aftercare services under ch.
12938 and for the office of juvenile offender review, all payments and deductions made
13under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be
14deposited in the general fund and shall be treated as a nonappropriated receipt.
AB768, s. 503 15Section 503. 301.328 of the statutes is created to read:
AB768,245,19 16301.328 Judgment for litigation loans to prisoners. (1) In this section,
17"litigation loan" means a loan made to a prisoner by the department to pay for paper,
18photocopying, postage or other expenses associated with litigation commenced by
19the prisoner.
AB768,246,6 20(2) If a prisoner fails to repay a litigation loan to the department, the warden
21of the institution where the prisoner is incarcerated, imprisoned, confined or
22detained may submit a certification under oath to the clerk of circuit court in the
23county where the institution is located. The certification shall state the amount of
24litigation loans unpaid, the name and location of the prisoner and such other
25information as the court considers necessary. The court shall order that the amount

1certified by the warden be a judgment on behalf of the state and against the prisoner
2if the prisoner fails to submit a written objection to the court within 20 days after the
3court receives the certification from the warden. If the prisoner timely submits a
4written objection to the certification, the court shall consider the objection to be a
5complaint in a civil action and proceed under the rules of procedure under ch. 799,
6without requiring the service of a summons or the payment of filing fees.
AB768,246,10 7(3) At the same time that the warden submits the certification to the court, the
8warden shall provide the prisoner with a copy of the certification. The warden shall
9attach to the certification provided to the prisoner a notice informing the prisoner of
10all of the following:
AB768,246,1411 (a) That if the prisoner fails to submit a written objection to the court within
1220 days after the court receives the certification from the warden, the court shall
13order that the amount certified by the warden be a judgment on behalf of the state
14and against the prisoner.
AB768,246,1615 (b) The name and address of the circuit court where the certification was
16submitted.
AB768,246,1917 (c) That if the prisoner timely objects to the certification, the objection will be
18considered a complaint for purposes of the commencement of a civil suit under ch.
19799.
AB768,246,2120 (d) That the prisoner is required to submit a copy of the objection to the warden
21at the time he or she submits the objection to the clerk of circuit court.
AB768, s. 504 22Section 504. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act
23440
, is amended to read:
AB768,247,3
1301.45 (7) (a) The department shall maintain information provided under sub.
2(2). The department shall keep the information confidential except as provided in
3s. ss. 301.03 (14) and 301.46 and except as needed for law enforcement purposes.
AB768, s. 505 4Section 505. 301.46 (4) (a) 5. of the statutes, as created by 1995 Wisconsin Act
5440
, is amended to read:
AB768,247,66 301.46 (4) (a) 5. A shelter care facility licensed under s. 48.48 938.22.
AB768, s. 506 7Section 506. 302.11 (1) of the statutes is amended to read:
AB768,247,138 302.11 (1) The warden or superintendent shall keep a record of the conduct of
9each inmate, specifying each infraction of the rules. Except as provided in subs. (1g),
10(1m), (1q), (7) and (10), each inmate is entitled to mandatory release on parole by the
11department. The mandatory release date is established at two-thirds of the
12sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting
13in fractions of a day shall be rounded in the inmate's favor to a whole day.
AB768, s. 507 14Section 507. 302.11 (1q) of the statutes is created to read:
AB768,247,1815 302.11 (1q) (a) An inmate who files an action or special proceeding, including
16a petition for a common law writ of certiorari, to which s. 807.15 applies shall have
17his or her mandatory release date extended by the number of days specified in the
18court order prepared under s. 807.15 (3).
AB768,247,2119 (b) Upon receiving a court order issued under s. 807.15, the department shall
20recalculate the mandatory release date of the inmate to whom the order applies and
21shall inform the inmate of his or her new mandatory release date.
AB768, s. 508 22Section 508. 302.11 (2) (c) of the statutes is amended to read:
AB768,247,2423 302.11 (2) (c) No extension under this section subsection may require the
24inmate to serve more days in prison than provided for under the sentence.
AB768, s. 509 25Section 509. 302.11 (7) (b) of the statutes is amended to read:
AB768,248,8
1302.11 (7) (b) A parolee returned to prison for violation of the conditions of
2parole shall be incarcerated for the entire period of time determined by the
3department of corrections in the case of a waiver or the division of hearings and
4appeals in the department of administration in the case of a hearing under par. (a),
5unless paroled earlier under par. (c). The parolee is not subject to mandatory release
6under sub. (1) or presumptive mandatory release under sub. (1g). The period of time
7determined under par. (a) may be extended in accordance with sub. subs. (1q) and
8(2).
AB768, s. 510 9Section 510. 302.43 of the statutes is amended to read:
AB768,248,21 10302.43 Good time. Every inmate of a county jail is eligible to earn good time
11in the amount of one-fourth of his or her term for good behavior if sentenced to at
12least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
13for time served prior to sentencing under s. 973.155, including good time under s.
14973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
15or refuses to perform any duty lawfully required of him or her, may be deprived by
16the sheriff of good time under this section, except that the sheriff shall not deprive
17the inmate of more than 2 days good time for any one offense without the approval
18of the court. An inmate who files an action or special proceeding, including a petition
19for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
20the number of days of good time specified in the court order prepared under s. 807.15
21(3).
AB768, s. 511 22Section 511. 303.07 (3) of the statutes is amended to read:
AB768,249,523 303.07 (3) Each prisoner serving a sentence under this section who could have
24been sentenced to a state prison is subject to s. 302.11 (1), (1g) , (1q) and (2). Each
25prisoner serving such a sentence may be transferred to a state prison upon

1recommendation of the superintendent and approval of the department. The county
2board may, pursuant to its regulations approved by the department, extend to all
3other prisoners similar pecuniary earnings and rewards, subject to similar
4conditions and limitations as those prescribed by s. 302.12 for prisoners in the
5Wisconsin state prisons.
AB768, s. 512 6Section 512. 304.06 (1) (b) of the statutes is amended to read:
AB768,249,217 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or
8973.0135, the parole commission may parole an inmate of the Wisconsin state
9prisons or any felon or any person serving at least one year or more in a county house
10of correction or a county reforestation camp organized under s. 303.07, when he or
11she has served 25% of the sentence imposed for the offense, or 6 months, whichever
12is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
13may parole an inmate serving a life term when he or she has served 20 years, as
14modified by the formula under s. 302.11 (1) and subject to extension using the
15formulas
under s. 302.11 (2) (1q) and (2), if applicable. The person serving the life
16term shall be given credit for time served prior to sentencing under s. 973.155,
17including good time under s. 973.155 (4). The secretary may grant special action
18parole releases under s. 304.02. The department or the parole commission shall not
19provide any convicted offender or other person sentenced to the department's custody
20any parole eligibility or evaluation until the person has been confined at least 60 days
21following sentencing.
AB768, s. 513 22Section 513. 343.305 (6) (e) of the statutes is created to read:
AB768,249,2423 343.305 (6) (e) 1. In this paragraph, "department" means the department of
24health and family services.
AB768,250,3
12. In addition to any other information required by the department, an
2application for a permit or laboratory approval under par. (a) shall include the
3following:
AB768,250,44 a. In the case of an individual, the individual's social security number.
AB768,250,65 b. In the case of a person who is not an individual, the person's federal employer
6identification number.
AB768,250,97 3. a. The department shall deny an application for the issuance or, if applicable,
8an application for the renewal of a permit or laboratory approval if the information
9required under subd. 2. a. or b. is not included in the application.
AB768,250,1210 b. The department may not disclose any information received under subd. 2.
11a. or b. except to the department of revenue for the sole purpose of requesting
12certifications under s. 73.0301.
AB768,250,2113 4. The department shall deny an application for the issuance or renewal of a
14permit or laboratory approval, or revoke a permit or laboratory approval already
15issued, if the department of revenue certifies under s. 73.0301 that the applicant or
16holder of the permit or laboratory approval is liable for delinquent taxes. An
17applicant for whom a permit or laboratory approval is not issued or renewed, or an
18individual or laboratory whose permit or laboratory approval is revoked, under this
19subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b.
20and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing
21under this subsection.
AB768, s. 514 22Section 514. 343.61 (2) of the statutes is renumbered 343.61 (2) (a) (intro.) and
23amended to read:
AB768,251,224 343.61 (2) (a) (intro.) Application for a driver school license shall be made in
25the form and manner prescribed by the department, shall contain such information

1as is required by the department and shall be accompanied by the required fee. An
2application shall include the following:
AB768, s. 515 3Section 515. 343.61 (2) (a) 1. and 2. of the statutes are created to read:
AB768,251,54 343.61 (2) (a) 1. In the case of an individual, the individual's social security
5number.
AB768,251,76 2. In the case of a person who is not an individual, the person's federal employer
7identification number.
AB768, s. 516 8Section 516. 343.61 (2) (b) of the statutes is created to read:
AB768,251,119 343.61 (2) (b) The department of transportation may not disclose any
10information received under par. (a) 1. or 2. to any person except to the department
11of revenue for the sole purpose of requesting certifications under s. 73.0301.
AB768, s. 517 12Section 517. 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and
13amended to read:
AB768,251,1714 343.62 (2) (a) Application for an instructor's license shall be made in the form
15and manner prescribed by the department, shall contain such information as is
16required by the department and shall be accompanied by the required fee. An
17application shall include the individual's social security number.
AB768, s. 518 18Section 518. 343.62 (2) (b) of the statutes is created to read:
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