AB768: Bill Text

AB768,240,4 (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 301.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, child caring institution or juvenile correctional institution shall be determined by the court by using the percentage standard established by the department of workforce development under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB768,240,8 (c) Upon request by a parent, the court may modify the amount of child support payments determined under par. (b), subject to par. (cm), if, after considering the following factors, the court finds by the greater weight of the credible evidence that the use of the percentage standard is unfair to the child or to either of the parents:

AB768,240,9 1. The needs of the child.

AB768,240,11 2. The physical, mental and emotional health needs of the child, including any costs for the child's health insurance provided by a parent.

AB768,240,14 3. The standard of living and circumstances of the parents, including the needs of each parent to support himself or herself at a level equal to or greater than that established under 42 USC 9902 (2).

AB768,240,15 4. The financial resources of the parents.

AB768,240,18 5. The earning capacity of each parent, based on each parent's education, training and work experience and based on the availability of work in or near the parent's community.

AB768,240,19 6. The need and capacity of the child for education, including higher education.

AB768,240,20 7. The age of the child.

AB768,240,21 8. The financial resources and the earning ability of the child.

AB768,240,23 9. The needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB768,240,25 10. The best interests of the child, including, but not limited to, the importance of a placement that will promote the objectives specified in s. 938.01.

AB768,241,1 11. Any other factors that the court in each case determines are relevant.

AB768,241,6 (cm) 1. Except as provided in subd. 2., if a parent who is required to pay child support under par. (b) or (c) is receiving adoption assistance under s. 48.975 for the child for whom support is ordered, the amount of the child support payments determined under par. (b) or (c) may not exceed the amount of the adoption assistance payments.

AB768,241,10 2. Subdivision 1. does not apply if, after considering the factors under par. (c) 1. to 11., the court finds by the greater weight of the credible evidence that limiting the amount of the child support payments to the amount of the adoption assistance payments is unfair to the child or to either of the parents.

AB768,241,17 (d) If the court finds under par. (c) that use of the percentage standard is unfair to the minor child or either of the parents, the court shall state in writing or on the record the amount of support that would be required by using the percentage standard, the amount by which the court's order deviates from that amount, the court's reasons for finding that use of the percentage standard is unfair to the child or the parent, the court's reasons for the amount of the modification and the basis for the modification.

AB768,241,25 (e) 1. An order issued under s. 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.215, 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

AB768,242,4 2. Except as provided in subd. 3., for each payment made under the assignment, the person from whom the payer under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer.

AB768,242,9 3. Benefits under ch. 108 may be assigned and withheld only in the manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 shall be for an amount certain. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.

AB768,242,18 4. No employer may use an assignment under this paragraph as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this subdivision, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.

AB768,242,20 5. The department shall promulgate rules for the operation and implementation of assignments under this paragraph.

AB768,243,2 (f) If the amount of the child support determined under this subsection is greater than the cost for the care and maintenance of the minor child in the residential, nonmedical facility, the assignee under par. (e) 1. shall expend or otherwise dispose of any funds that are collected in excess of the cost of such care and maintenance in a manner that the assignee determines will serve the best interests of the minor child.

AB768,243,9 (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 938.183, 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB768,243,18 (16) The department shall delegate to county departments under ss. 46.215, 46.22 and 46.23 or the local providers of care and services meeting the standards established by the department under s. 301.08, the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities if those county departments or providers meet the conditions considered appropriate by the department. The department may delegate to county departments under ss. 46.215, 46.22 and 46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.

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

AB768,243,22 301.26 (2) (b) Uniform fees collected or received by counties under s. 46.03 301.03 (18) for services provided under this section shall be applied to cover the cost of the services.

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

AB768,244,4 301.26 (4) (d) 1. Except as provided in pars. (e) to (g), for services under s. 938.34, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

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

AB768,244,10 301.26 (4) (d) 1m. Except as provided in pars. (e) to (g), for services under ss. 48.366 and 938.183, all payments and deductions made under this subsection and uniform fee collections made under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hm).

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

AB768,244,14 301.26 (4) (dt) For serious juvenile offender services, all uniform fee collections under s. 46.03 301.03 (18) shall be deposited in credited to the appropriation account under s. 20.410 (3) (hm).

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

AB768,244,21 301.26 (4) (e) For foster care, treatment foster care, group home care and institutional child care to delinquent juveniles under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

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

AB768,245,2 301.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 49.19 (10) (d), 938.48 (4) and (14) and 938.52 all uniform fee collections under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (ho).

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

AB768,245,8 301.26 (4) (eg) For corrective sanctions services under s. 938.533 (2), all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be credited to the appropriation account under s. 20.410 (3) (hr).

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

AB768,245,14 301.26 (4) (g) For juvenile field and institutional aftercare services under ch. 938 and for the office of juvenile offender review, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 301.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.

AB768, s. 503 Section 503. 301.328 of the statutes is created to read:

AB768,245,19 301.328 Judgment for litigation loans to prisoners. (1) In this section, "litigation loan" means a loan made to a prisoner by the department to pay for paper, photocopying, postage or other expenses associated with litigation commenced by the prisoner.

AB768,246,6 (2) If a prisoner fails to repay a litigation loan to the department, the warden of the institution where the prisoner is incarcerated, imprisoned, confined or detained may submit a certification under oath to the clerk of circuit court in the county where the institution is located. The certification shall state the amount of litigation loans unpaid, the name and location of the prisoner and such other information as the court considers necessary. The court shall order that the amount certified by the warden be a judgment on behalf of the state and against the prisoner if the prisoner fails to submit a written objection to the court within 20 days after the court receives the certification from the warden. If the prisoner timely submits a written objection to the certification, the court shall consider the objection to be a complaint in a civil action and proceed under the rules of procedure under ch. 799, without requiring the service of a summons or the payment of filing fees.

AB768,246,10 (3) At the same time that the warden submits the certification to the court, the warden shall provide the prisoner with a copy of the certification. The warden shall attach to the certification provided to the prisoner a notice informing the prisoner of all of the following:

AB768,246,14 (a) That if the prisoner fails to submit a written objection to the court within 20 days after the court receives the certification from the warden, the court shall order that the amount certified by the warden be a judgment on behalf of the state and against the prisoner.

AB768,246,16 (b) The name and address of the circuit court where the certification was submitted.

AB768,246,19 (c) That if the prisoner timely objects to the certification, the objection will be considered a complaint for purposes of the commencement of a civil suit under ch. 799.

AB768,246,21 (d) That the prisoner is required to submit a copy of the objection to the warden at the time he or she submits the objection to the clerk of circuit court.

AB768, s. 504 Section 504. 301.45 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 440, is amended to read:

AB768,247,3 301.45 (7) (a) The department shall maintain information provided under sub. (2). The department shall keep the information confidential except as provided in s. ss. 301.03 (14) and 301.46 and except as needed for law enforcement purposes.

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

AB768,247,6 301.46 (4) (a) 5. A shelter care facility licensed under s. 48.48 938.22.

AB768, s. 506 Section 506. 302.11 (1) of the statutes is amended to read:

AB768,247,13 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB768, s. 507 Section 507. 302.11 (1q) of the statutes is created to read:

AB768,247,18 302.11 (1q) (a) An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall have his or her mandatory release date extended by the number of days specified in the court order prepared under s. 807.15 (3).

AB768,247,21 (b) Upon receiving a court order issued under s. 807.15, the department shall recalculate the mandatory release date of the inmate to whom the order applies and shall inform the inmate of his or her new mandatory release date.

AB768, s. 508 Section 508. 302.11 (2) (c) of the statutes is amended to read:

AB768,247,24 302.11 (2) (c) No extension under this section subsection may require the inmate to serve more days in prison than provided for under the sentence.

AB768, s. 509 Section 509. 302.11 (7) (b) of the statutes is amended to read:

AB768,248,8 302.11 (7) (b) A parolee returned to prison for violation of the conditions of parole shall be incarcerated for the entire period of time determined by the department of corrections in the case of a waiver or the division of hearings and appeals in the department of administration in the case of a hearing under par. (a), unless paroled earlier under par. (c). The parolee is not subject to mandatory release under sub. (1) or presumptive mandatory release under sub. (1g). The period of time determined under par. (a) may be extended in accordance with sub. subs. (1q) and (2).

AB768, s. 510 Section 510. 302.43 of the statutes is amended to read:

AB768,248,21 302.43 Good time. Every inmate of a county jail is eligible to earn good time in the amount of one-fourth of his or her term for good behavior if sentenced to at least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects or refuses to perform any duty lawfully required of him or her, may be deprived by the sheriff of good time under this section, except that the sheriff shall not deprive the inmate of more than 2 days good time for any one offense without the approval of the court. An inmate who files an action or special proceeding, including a petition for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of the number of days of good time specified in the court order prepared under s. 807.15 (3).

AB768, s. 511 Section 511. 303.07 (3) of the statutes is amended to read:

AB768,249,5 303.07 (3) Each prisoner serving a sentence under this section who could have been sentenced to a state prison is subject to s. 302.11 (1), (1g) , (1q) and (2). Each prisoner serving such a sentence may be transferred to a state prison upon recommendation of the superintendent and approval of the department. The county board may, pursuant to its regulations approved by the department, extend to all other prisoners similar pecuniary earnings and rewards, subject to similar conditions and limitations as those prescribed by s. 302.12 for prisoners in the Wisconsin state prisons.

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

AB768,249,21 304.06 (1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2) (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB768, s. 513 Section 513. 343.305 (6) (e) of the statutes is created to read:

AB768,249,24 343.305 (6) (e) 1. In this paragraph, "department" means the department of health and family services.

AB768,250,3 2. In addition to any other information required by the department, an application for a permit or laboratory approval under par. (a) shall include the following:

AB768,250,4 a. In the case of an individual, the individual's social security number.

AB768,250,6 b. In the case of a person who is not an individual, the person's federal employer identification number.

AB768,250,9 3. a. The department shall deny an application for the issuance or, if applicable, an application for the renewal of a permit or laboratory approval if the information required under subd. 2. a. or b. is not included in the application.

AB768,250,12 b. The department may not disclose any information received under subd. 2. a. or b. except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,250,21 4. The department shall deny an application for the issuance or renewal of a permit or laboratory approval, or revoke a permit or laboratory approval already issued, if the department of revenue certifies under s. 73.0301 that the applicant or holder of the permit or laboratory approval is liable for delinquent taxes. An applicant for whom a permit or laboratory approval is not issued or renewed, or an individual or laboratory whose permit or laboratory approval is revoked, under this subdivision for delinquent taxes is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to any other notice or hearing under this subsection.

AB768, s. 514 Section 514. 343.61 (2) of the statutes is renumbered 343.61 (2) (a) (intro.) and amended to read:

AB768,251,2 343.61 (2) (a) (intro.) Application for a driver school license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the following:

AB768, s. 515 Section 515. 343.61 (2) (a) 1. and 2. of the statutes are created to read:

AB768,251,5 343.61 (2) (a) 1. In the case of an individual, the individual's social security number.

AB768,251,7 2. In the case of a person who is not an individual, the person's federal employer identification number.

AB768, s. 516 Section 516. 343.61 (2) (b) of the statutes is created to read:

AB768,251,11 343.61 (2) (b) The department of transportation may not disclose any information received under par. (a) 1. or 2. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 517 Section 517. 343.62 (2) of the statutes is renumbered 343.62 (2) (a) and amended to read:

AB768,251,17 343.62 (2) (a) Application for an instructor's license shall be made in the form and manner prescribed by the department, shall contain such information as is required by the department and shall be accompanied by the required fee. An application shall include the individual's social security number.

AB768, s. 518 Section 518. 343.62 (2) (b) of the statutes is created to read:

AB768,251,21 343.62 (2) (b) The department of transportation may not disclose any social security number received under par. (a) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768, s. 519 Section 519. 343.64 of the statutes is renumbered 343.64 (1).

AB768, s. 520 Section 520. 343.64 (2) of the statutes is created to read:

AB768,252,3 343.64 (2) The secretary shall deny the application of any person for a driver school license if the applicant fails to provide the information required under s. 343.61 (2) (a) 1. or 2.