Amendment CA1-ASA1-AB133

AB133-ASA1-CA1, s. 3044k Section 3044k. 633.14 (1) (e) of the statutes is created to read:

AB133-ASA1-CA1,693,8 633.14 (1) (e) If an individual who does not have a social security number, provides on a form prescribed by the department of workforce development a statement made or subscribed under oath or affirmation that he or she does not have a social security number.

AB133-ASA1-CA1, s. 3044L Section 3044L. 633.15 (1m) of the statutes is amended to read:

AB133-ASA1-CA1,693,21 633.15 (1m) Social security or number, federal employer identification number or statement. At an annual renewal, an administrator shall provide his or her social security number, if the administrator is an individual unless he or she does not have a social security number, or its federal employer identification number, if the administrator is a corporation, limited liability company or partnership, if the social security number or federal employer identification number was not previously provided on the application for the license or at a previous renewal of the license. If an administrator who is an individual does not have a social security number, the individual shall provide to the commissioner, at each annual renewal and on a form prescribed by the department of workforce development, a statement made or subscribed under oath or affirmation that the administrator does not have a social security number.

AB133-ASA1-CA1, s. 3044m Section 3044m. 633.15 (2) (a) 1. of the statutes is amended to read:

AB133-ASA1-CA1,694,4 633.15 (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 or, federal employer identification number or statement made or subscribed under oath or affirmation 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.

AB133-ASA1-CA1, s. 3044n Section 3044n. 633.15 (2) (a) 2. of the statutes is amended to read:

AB133-ASA1-CA1,694,11 633.15 (2) (a) 2. If, within 60 days from the effective date of suspension under subd. 1., an administrator pays the annual renewal fee or provides the social security number or, federal employer identification number or statement made or subscribed under oath or affirmation, 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.

AB133-ASA1-CA1, s. 3044no Section 3044no. 633.15 (2) (a) 3. of the statutes is amended to read:

AB133-ASA1-CA1,694,16 633.15 (2) (a) 3. If payment is not made or the social security number or, federal employer identification number or statement made or subscribed under oath or affirmation is not provided within 60 days from the effective date of suspension under subd. 1., the commissioner shall revoke the administrator's license.

AB133-ASA1-CA1, s. 3044p Section 3044p. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,694,20 633.15 (2) (b) 1. (intro.) Except as provided in pars. (c) and (d) to (e), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

AB133-ASA1-CA1, s. 3044q Section 3044q. 633.15 (2) (e) of the statutes is created to read:

AB133-ASA1-CA1,694,25 633.15 (2) (e) For providing false information in statement. The commissioner shall revoke a license issued under s. 633.14 (1) if the commissioner determines, after a hearing, that the licensee provided false information in a statement provided under sub. (1m) or s. 633.14 (1) (e).".

AB133-ASA1-CA1,695,1 1489. Page 1406, line 3: after that line insert:

AB133-ASA1-CA1,695,2 " Section 3044L. 632.897 (10) (a) 3. of the statutes is amended to read:

AB133-ASA1-CA1,695,8 632.897 (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), 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.".

AB133-ASA1-CA1,695,9 1490. Page 1407, line 18: after that line insert:

AB133-ASA1-CA1,695,10 " Section 3049m. 753.06 (8) (g) of the statutes is amended to read:

AB133-ASA1-CA1,695,12 753.06 (8) (g) Waupaca County. The circuit has 2 branches. Commencing August 1, 2000, the circuit has 3 branches.".

AB133-ASA1-CA1,695,13 1491. Page 1407, line 18: after that line insert:

AB133-ASA1-CA1,695,14 " Section 3049m. 707.46 (3) of the statutes is created to read:

AB133-ASA1-CA1,695,17 707.46 (3) Recording. A contract for the purchase of a time-share and any other instrument that is evidence of a purchase of a time-share is valid only if it is recorded.".

AB133-ASA1-CA1,695,18 1492. Page 1407, line 18: after that line insert:

AB133-ASA1-CA1,695,19 " Section 3049p. 751.15 (2) of the statutes is amended to read:

AB133-ASA1-CA1,696,5 751.15 (2) The supreme court is requested to promulgate rules that require each person who has a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number, that require each person who does not have a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with a statement made or subscribed under oath or affirmation on a form prescribed by the department of workforce development that the person does not have a 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.

AB133-ASA1-CA1, s. 3049r Section 3049r. 751.15 (3) of the statutes is amended to read:

AB133-ASA1-CA1,696,18 751.15 (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. The supreme court is also requested to promulgate rules that invalidate a license to practice law if issued in reliance upon a statement made or subscribed under oath or affirmation under rules promulgated under sub. (2) that is false.".

AB133-ASA1-CA1,696,19 1493. Page 1409, line 4: after that line insert:

AB133-ASA1-CA1,696,20 " Section 3051m. 758.19 (5) (b) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,697,2 758.19 (5) (b) (intro.) From the appropriation under s. 20.625 (1) (d), the director of state courts shall make payments to counties totaling $3,443,950 on July 29, 1995, totaling $8,294,050 on January 1, 1996, and totaling $8,244,800 $9,369,800 within 30 days after the effective date of this paragraph .... [revisor inserts date], and on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

AB133-ASA1-CA1, s. 3051p Section 3051p. 758.19 (5) (b) 1. of the statutes is amended to read:

AB133-ASA1-CA1,697,4 758.19 (5) (b) 1. For each circuit court branch in the county, $32,900 $42,275.".

AB133-ASA1-CA1,697,5 1494. Page 1409, line 4: after that line insert:

AB133-ASA1-CA1,697,6 " Section 3051n. 767.045 (1) (a) 2. of the statutes is amended to read:

AB133-ASA1-CA1,697,8 767.045 (1) (a) 2. The Except as provided in par. (am), the legal custody or physical placement of the child is contested.

AB133-ASA1-CA1, s. 3051no Section 3051no. 767.045 (1) (am) of the statutes is created to read:

AB133-ASA1-CA1,697,11 767.045 (1) (am) The court is not required to appoint a guardian ad litem under par. (a) 2. if all of the following apply:

AB133-ASA1-CA1,697,13 1. Legal custody or physical placement is contested in an action to modify legal custody or physical placement under s. 767.325 or 767.327.

AB133-ASA1-CA1,697,15 2. The modification sought would not substantially alter the amount of time that a parent may spend with his or her child.

AB133-ASA1-CA1,697,16 3. The court determines any of the following:

AB133-ASA1-CA1,697,19 a. That the appointment of a guardian ad litem will not assist the court in the determination regarding legal custody or physical placement because the facts or circumstances of the case make the likely determination clear.

AB133-ASA1-CA1,697,22 b. That a party seeks the appointment of a guardian ad litem solely for a tactical purpose, or for the sole purpose of delay, and not for a purpose that is in the best interest of the child.

AB133-ASA1-CA1, s. 3051p Section 3051p. 767.045 (1) (e) of the statutes is created to read:

AB133-ASA1-CA1,698,5 767.045 (1) (e) Nothing in this subsection prohibits the court from making a temporary order under s. 767.23 that concerns the child before a guardian ad litem is appointed or before the guardian ad litem has made a recommendation to the court, if the court determines that the temporary order is in the best interest of the child.

AB133-ASA1-CA1, s. 3051q Section 3051q. 767.045 (4m) of the statutes is created to read:

AB133-ASA1-CA1,698,10 767.045 (4m) Status hearing. (a) Subject to par. (b), at any time after 120 days after a guardian ad litem is appointed under this section, a party may request that the court schedule a status hearing related to the actions taken and work performed by the guardian ad litem in the matter.

AB133-ASA1-CA1,698,13 (b) A party may, not sooner than 120 days after a status hearing under this subsection is held, request that the court schedule another status hearing on the actions taken and work performed by the guardian ad litem in the matter.

AB133-ASA1-CA1, s. 3051r Section 3051r. 767.078 (1) (a) 1. of the statutes is amended to read:

AB133-ASA1-CA1,698,17 767.078 (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), 767.51 (3) or 767.62 (4) (a).".

AB133-ASA1-CA1,698,18 1495. Page 1409, line 12: after that line insert:

AB133-ASA1-CA1,698,19 " Section 3054m. 767.245 (1) of the statutes is amended to read:

AB133-ASA1-CA1,698,24 767.245 (1) Except as provided in sub. subs. (1m) and (2m), upon petition by a grandparent, greatgrandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship with the child, the court may grant reasonable visitation rights to that person if the parents have notice of the hearing and if the court determines that visitation is in the best interest of the child.

AB133-ASA1-CA1, s. 3054p Section 3054p. 767.245 (1m) of the statutes is created to read:

AB133-ASA1-CA1,699,6 767.245 (1m) (a) Except as provided in par. (b), the court may not grant visitation rights under sub. (1) to a person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,699,9 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.

AB133-ASA1-CA1, s. 3054r Section 3054r. 767.245 (6) of the statutes is created to read:

AB133-ASA1-CA1,699,17 767.245 (6) (a) If a person granted visitation rights with a child under this section is convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the conviction has not been reversed, set aside or vacated, the court shall modify the visitation order by denying visitation with the child upon petition, motion or order to show cause by a parent or guardian of the child, or upon the court's own motion, and upon notice to the person granted visitation rights.

AB133-ASA1-CA1,699,20 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that the visitation would be in the best interests of the child. The court shall consider the wishes of the child in making that determination.

AB133-ASA1-CA1, s. 3054t Section 3054t. 767.247 of the statutes is created to read:

AB133-ASA1-CA1,700,4 767.247 Prohibiting visitation or physical placement if a parent kills other parent. (1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court or family court commissioner may not grant to the child's parent visitation or physical placement rights with the child if the parent has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the conviction has not been reversed, set aside or vacated.

AB133-ASA1-CA1,700,8 (2) Subsection (1) does not apply if the court or family court commissioner determines by clear and convincing evidence that the visitation or periods of physical placement would be in the best interests of the child. The court or family court commissioner shall consider the wishes of the child in making the determination.".

AB133-ASA1-CA1,700,9 1496. Page 1409, line 12: after that line insert:

AB133-ASA1-CA1,700,10 " Section 3054c. 767.078 (2) of the statutes is amended to read:

AB133-ASA1-CA1,700,14 767.078 (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), 767.51 (3) or 767.62 (4) (a).

AB133-ASA1-CA1, s. 3054cd Section 3054cd. 767.11 (12) (b) of the statutes is amended to read:

AB133-ASA1-CA1,701,2 767.11 (12) (b) If after mediation under this section the parties do not reach agreement on legal custody or periods of physical placement, the parties or the mediator shall so notify the court. The Except as provided in s. 767.045 (1) (am), the court shall promptly appoint a guardian ad litem under s. 767.045. After the appointment Regardless of whether the court appoints a guardian ad litem, the court shall, if appropriate, refer the matter for a legal custody or physical placement study under sub. (14). If the parties come to agreement on legal custody or physical placement after the matter has been referred for a study, the study shall be terminated. The parties may return to mediation at any time before any trial of or final hearing on legal custody or periods of physical placement. If the parties return to mediation, the county shall collect any applicable fee under s. 814.615.

AB133-ASA1-CA1, s. 3054ce Section 3054ce. 767.115 (title) of the statutes is amended to read:

AB133-ASA1-CA1,701,5 767.115 (title) Educational program in action programs and classes in actions affecting the family.

AB133-ASA1-CA1, s. 3054cf Section 3054cf. 767.115 (4) of the statutes is created to read:

AB133-ASA1-CA1,701,12 767.115 (4) (a) At any time during the pendency of a divorce or paternity action, the court or family court commissioner may order the parties to attend a class that is approved by the court or family court commissioner and that addresses such issues as child development, family dynamics, how parental separation affects a child's development and what parents can do to make raising a child in a separated situation less stressful for the child.

AB133-ASA1-CA1,701,17 (b) The court or family court commissioner may not require the parties to attend a class under this subsection as a condition to the granting of the final judgment or order in the divorce or paternity action, however, the court or family court commissioner may refuse to hear a custody or physical placement motion of a party who refuses to attend a class ordered under this subsection.

AB133-ASA1-CA1,701,19 (c) 1. Except as provided in subd. 2., the parties shall be responsible for any cost of attending the class.

AB133-ASA1-CA1,701,21 2. If the court or family court commissioner finds that a party is indigent, any costs that would be the responsibility of that party shall be paid by the county.

AB133-ASA1-CA1, s. 3054cg Section 3054cg. 767.23 (1) (a) of the statutes is amended to read:

AB133-ASA1-CA1,702,4 767.23 (1) (a) Upon Subject to s. 767.477, upon request of one party, granting legal custody of the minor children to the parties jointly, to one party solely or to a relative or agency specified under s. 767.24 (3). The , in a manner consistent with s. 767.24, except that the court or family court commissioner may order joint sole legal custody without the agreement of the other party and without the findings required under s. 767.24 (2) (b) 2. This order may not have a binding effect on a final custody determination.

AB133-ASA1-CA1, s. 3054ch Section 3054ch. 767.23 (1) (am) of the statutes is amended to read:

AB133-ASA1-CA1,702,10 767.23 (1) (am) Upon Subject to s. 767.477, upon the request of a party, granting periods of physical placement to a party in a manner consistent with s. 767.24. The court or family court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB133-ASA1-CA1, s. 3054ci Section 3054ci. 767.23 (1) (c) of the statutes is amended to read:

AB133-ASA1-CA1,702,16 767.23 (1) (c) Requiring Subject to s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts may be expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum.

AB133-ASA1-CA1, s. 3054cj Section 3054cj. 767.23 (1) (k) of the statutes is amended to read:

AB133-ASA1-CA1,702,20 767.23 (1) (k) Requiring Subject to s. 767.477, requiring either party or both parties to maintain minor children as beneficiaries on a health insurance policy or plan.

AB133-ASA1-CA1, s. 3054ck Section 3054ck. 767.23 (1n) of the statutes is amended to read:

AB133-ASA1-CA1,703,9 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which that the court is required by this chapter to consider before entering a final judgment on the same subject matter. In making a determination under sub. (1) (a) or (am), the court or family court commissioner shall consider the factors under s. 767.24 (5). If the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB133-ASA1-CA1, s. 3054cL Section 3054cL. 767.24 (1) of the statutes is amended to read:

AB133-ASA1-CA1,703,15 767.24 (1) General provisions. In rendering a judgment of annulment, divorce or, legal separation or paternity, or in rendering a judgment in an action under s. 767.02 (1) (e) or 767.62 (3), the court shall make such provisions as it deems just and reasonable concerning the legal custody and physical placement of any minor child of the parties, as provided in this section.

AB133-ASA1-CA1, s. 3054cm Section 3054cm. 767.24 (1m) of the statutes is created to read:

AB133-ASA1-CA1,703,24 767.24 (1m) Parenting plan. In an action for annulment, divorce or legal separation, an action to determine paternity or an action under s. 767.02 (1) (e) or 767.62 (3) in which legal custody or physical placement is contested, a party seeking sole or joint legal custody or periods of physical placement shall file a parenting plan with the court before any pretrial conference. Except for cause shown, a party required to file a parenting plan under this subsection who does not timely file a parenting plan waives the right to object to the other party's parenting plan. A parenting plan shall provide information about the following questions:

AB133-ASA1-CA1,703,25 (a) What legal custody or physical placement the parent is seeking.