SB494: Bill Text

SB494, s. 366 Section 366. 632.68 (2) (b) 2. of the statutes is amended to read:

SB494,176,18 632.68 (2) (b) 2. Provides complete information on the application, including his or her social security number if the applicant is a natural person.

SB494, s. 367 Section 367. 632.68 (2) (bc) of the statutes is created to read:

SB494,176,23 632.68 (2) (bc) The commissioner may disclose a social security number obtained under par. (b) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 368 Section 368. 632.68 (2) (bm) of the statutes is created to read:

SB494,177,8 632.68 (2) (bm) Notwithstanding par. (b), the commissioner may not issue a license under this subsection to a natural person who is delinquent in 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 who fails 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.

SB494, s. 369 Section 369. 632.68 (2) (e) of the statutes is amended to read:

SB494,177,14 632.68 (2) (e) Except as provided in sub. (3), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (mp) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB494, s. 370 Section 370. 632.68 (3) (title) of the statutes is amended to read:

SB494,177,17 632.68 (3) (title) Viatical settlement provider license; revocation, suspension, limitation or refusal to renew.

SB494, s. 371 Section 371. 632.68 (3) of the statutes is renumbered 632.68 (3) (a), and 632.68 (3) (a) (intro.), as renumbered, is amended to read:

SB494,177,22 632.68 (3) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:

SB494, s. 372 Section 372. 632.68 (3) (b) of the statutes is created to read:

SB494,178,7 632.68 (3) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement provider license issued to a natural person if the natural person is delinquent in 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 natural person fails 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.

SB494, s. 373 Section 373. 632.68 (4) (b) of the statutes is amended to read:

SB494,178,14 632.68 (4) (b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant, if a natural person, to provide his or her social security number. The fee specified in s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant, if a natural person, provides his or her social security number.

SB494, s. 374 Section 374. 632.68 (4) (bc) of the statutes is created to read:

SB494,178,19 632.68 (4) (bc) The commissioner may disclose a social security number obtained under par. (b) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 375 Section 375. 632.68 (4) (bm) of the statutes is created to read:

SB494,179,3 632.68 (4) (bm) The commissioner may not issue a license under this subsection to a natural person who is delinquent in 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 who fails 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.

SB494, s. 376 Section 376. 632.68 (4) (c) of the statutes is amended to read:

SB494,179,9 632.68 (4) (c) Except as provided in sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (ms) and, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB494, s. 377 Section 377. 632.68 (5) (title) of the statutes is amended to read:

SB494,179,12 632.68 (5) (title) Viatical settlement broker license; revocation, suspension, limitation or refusal to renew.

SB494, s. 378 Section 378. 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

SB494,179,17 632.68 (5) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:

SB494, s. 379 Section 379. 632.68 (5) (b) of the statutes is created to read:

SB494,180,2 632.68 (5) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement broker license issued to a natural person if the natural person is delinquent in 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 natural person fails 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.

SB494, s. 380 Section 380. 632.68 (8) of the statutes is amended to read:

SB494,180,10 632.68 (8) Record keeping. Every licensee under this section shall maintain and make available for inspection by the commissioner records of all viatical settlement transactions. Names and other individual identifying information related to policyholders or certificate holders shall be considered confidential and may not be disclosed by the commissioner, except that the commissioner shall disclose information requested under s. 49.22 (2m) to the department of workforce development or a county child support agency under s. 59.53 (5).

SB494, s. 381 Section 381. 632.897 (10) (a) 3. of the statutes is amended to read:

SB494,180,17 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.25 (4m) or, 767.51 (3m) or 767.62 (4) (b) or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

SB494, s. 382 Section 382. 633.14 (1) (d) of the statutes is created to read:

SB494,180,19 633.14 (1) (d) Provides his or her social security number.

SB494, s. 383 Section 383. 633.14 (2c) of the statutes is created to read:

SB494,180,24 633.14 (2c) The commissioner may disclose a social security number obtained under sub. (1) (d) only to the department of workforce development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB494, s. 384 Section 384. 633.14 (2m) of the statutes is created to read:

SB494,181,9 633.14 (2m) Notwithstanding sub. (1), the commissioner may not issue a license under this section if the individual applying for the license is delinquent in 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 individual fails 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.

SB494, s. 385 Section 385. 633.15 (1m) of the statutes is created to read:

SB494,181,14 633.15 (1m) Social security numbers. At an annual renewal, an administrator who is a natural person shall provide his or her social security number if the social security number was not previously provided on the application for the license or at a previous renewal of the license.

SB494, s. 386 Section 386. 633.15 (2) (a) (title) of the statutes is amended to read:

SB494,181,17 633.15 (2) (a) (title) Nonpayment of annual renewal fee or failure to provide social security number.

SB494, s. 387 Section 387. 633.15 (2) (a) 1. of the statutes is amended to read:

SB494,181,24 633.15 (2) (a) 1. If an administrator fails to pay the annual renewal fee as provided under sub. (1) or fails to provide a social security number as required under sub. (1m), the commissioner shall suspend the administrator's license effective the day following the last day when the annual renewal fee may be paid, if the commissioner has given the administrator reasonable notice of when the fee must be paid to avoid suspension.

SB494, s. 388 Section 388. 633.15 (2) (a) 2. of the statutes is amended to read:

SB494,182,5 633.15 (2) (a) 2. If, within 60 days from the effective date of suspension under subd. 1., an administrator pays the annual renewal fee within 60 days from the effective date of suspension under subd. 1. or provides the social security number, or both if the suspension was based upon a failure to do both, the commissioner shall reinstate the administrator's license effective as of the date of suspension.

SB494, s. 389 Section 389. 633.15 (2) (a) 3. of the statutes is amended to read:

SB494,182,9 633.15 (2) (a) 3. If payment is not made or the social security number is not provided within 60 days from the effective date of suspension under subd. 1., the commissioner shall revoke the administrator's license.

SB494, s. 390 Section 390. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

SB494,182,13 633.15 (2) (b) 1. (intro.) The Except as provided in par. (c), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

SB494, s. 391 Section 391. 633.15 (2) (c) of the statutes is created to read:

SB494,182,23 633.15 (2) (c) Failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend, limit or refuse to renew a license issued under this section to an individual if the individual is delinquent in 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 individual fails 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.

SB494, s. 392 Section 392. 751.15 of the statutes is created to read:

SB494,183,3 751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of workforce development under s. 49.857.

SB494,183,8 (2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of workforce development for the purpose of administering s. 49.22.

SB494,183,17 (3) The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or fails 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 or if the department of workforce development certifies that the applicant or licensee has failed 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.

SB494, s. 393 Section 393. 757.69 (1) (n) of the statutes is created to read:

SB494,183,20 757.69 (1) (n) Hold hearings, make findings and issue orders under s. 49.856 (4).

SB494, s. 394 Section 394. 765.09 (2) of the statutes is amended to read:

SB494,183,25 765.09 (2) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license.

SB494, s. 395 Section 395. 765.09 (3) of the statutes is amended to read:

SB494,184,18 765.09 (3) Each party shall present satisfactory, documentary proof of identification and residence and shall swear (or affirm) to the application before the clerk who is to issue the marriage license or the person authorized to accept such applications in the county and state where the party resides. The application shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services directs. The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2). Each applicant under 30 years of age shall exhibit to the clerk a certified copy of a birth certificate, and any applicants shall submit a copy of any judgments or a death certificate affecting the marital status. If such certificate or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an opinion as to the sufficiency of the proof, to a judge of a court of record in the county of application.

SB494, s. 396 Section 396. 765.13 of the statutes is amended to read:

SB494,185,4 765.13 Form of marriage document. The marriage document shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. It shall contain a notification of the time limits of the authorization to marry, a notation that the issue of the marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the signature of the county clerk, who shall acquire the information for the marriage document and enter it in its proper place when the marriage license is issued.

SB494, s. 397 Section 397. 767.027 of the statutes is created to read:

SB494,185,9 767.027 Notice and service of process requirements. In any action under s. 767.02 (1) (i) to enforce a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied to the extent that the court finds all of the following:

SB494,185,10 (1) That a diligent effort was made to ascertain the location of the respondent.

SB494,185,13 (2) That written notice of the action to the respondent was delivered to the most recent residential address or employer address provided by the respondent under s. 767.263 (2) to the clerk of court or support collection designee.

SB494, s. 398 Section 398. 767.027 (2) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

SB494,185,19 767.027 (2) That written notice of the action to the respondent has been delivered to the most recent residential address or employer address provided by the respondent under s. 767.263 (2) to the clerk of court or support collection designee county child support agency under s. 59.53 (5).

SB494, s. 399 Section 399. 767.045 (1) (c) (intro.) of the statutes is amended to read:

SB494,186,2 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated or acknowledged for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

SB494, s. 400 Section 400. 767.078 (1) (a) 1. of the statutes is amended to read:

SB494,186,6 767.078 (1) (a) 1. Is an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

SB494, s. 401 Section 401. 767.078 (2) of the statutes is amended to read:

SB494,186,12 767.078 (2) Subsection (1) does not limit the authority of a court to issue an order, other than an order under sub. (1), regarding employment of a parent in an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

SB494, s. 402 Section 402. 767.085 (1) (b) of the statutes is amended to read:

SB494,186,16 767.085 (1) (b) The name and, birthdate and social security number of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant.

SB494, s. 403 Section 403. 767.25 (4) of the statutes is amended to read:

SB494,186,21 767.25 (4) The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old and if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.

SB494, s. 404 Section 404 . 767.25 (4m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB494,187,2 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county child support agency under s. 59.53 (5), or upon receiving a notice under par. (f) 1.

SB494, s. 405 Section 405 . 767.25 (4m) (d) 2m. of the statutes is created to read:

SB494,187,7 767.25 (4m) (d) 2m. Notify the county child support agency under s. 59.53 (5) when coverage of the child under the health benefit plan is in effect and, upon request, provide copies of necessary program or policy identification to the child's other parent.

SB494, s. 406 Section 406. 767.25 (4m) (f) of the statutes is created to read:

SB494,187,13 767.25 (4m) (f) 1. If a parent who provides coverage of the health care expenses of a child under an order under this subsection changes employers and that parent has a court-ordered child support obligation with respect to the child, the county child support agency under s. 59.53 (5) shall provide notice of the order to provide coverage of the child's health care expenses to the new employer and to the parent.

SB494,187,23 2. The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision may be heard by a family court commissioner. If the parent requests a hearing and the court or family court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

SB494, s. 407 Section 407. 767.25 (6) (intro.) of the statutes is amended to read:

SB494,188,10 767.25 (6) (intro.)  A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd 4th month after the month in which the amount was due. Interest shall not accrue on amounts not paid on time but paid on or before the first day of the 4th month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection designee, whichever is appropriate, shall apply all payments received for child support as follows: