Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,729,5 b. Actions, promises or representations by the other party upon which the party relied.

AB133-ASA1-CA1,729,6 c. Actions taken by the other party to evade proceedings under sub. (3) (a).

AB133-ASA1-CA1,729,8 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB133-ASA1-CA1,729,10 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.".

AB133-ASA1-CA1,729,11 1501. Page 1419, line 18: after that line insert:

AB133-ASA1-CA1,729,12 " Section 3072g. 778.25 (1) (a) 4. of the statutes is repealed.".

AB133-ASA1-CA1,729,13 1502. Page 1420, line 3: after that line insert:

AB133-ASA1-CA1,729,14 " Section 3073m. 800.01 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,729,17 800.01 (2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or 968.04 (3) (b) 2. or by personal service by a municipal employe an adult who is a resident of the state where the service is made but who is not a party to the action.".

AB133-ASA1-CA1,729,18 1503. Page 1421, line 6: after that line insert:

AB133-ASA1-CA1,729,19 " Section 3076m. 800.02 (4) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,729,22 800.02 (4) (a) (intro.) The summons shall be signed by a municipal judge or by the attorney who is prosecuting the case in municipal court and shall contain the following information:".

AB133-ASA1-CA1,729,23 1504. Page 1422, line 17: after that line insert:

AB133-ASA1-CA1,729,24 " Section 3078g. 800.04 (5) of the statutes is created to read:

AB133-ASA1-CA1,730,15 800.04 (5) Unless good cause to the contrary is shown, appearances referred to in this section may be conducted by telephone or by interactive video and audio transmission, if available. If testimony is to be taken under oath, the proceeding shall be reported by a court reporter who is in simultaneous voice communication with all parties to the proceeding. Regardless of the physical location of any party to the call, any plea, waiver, stipulation, motion, objection, decision, order or other action taken by the court or any party shall have the same effect as if made in open court. With the exceptions of scheduling conferences, pretrial conferences, and, during hours the court is not in session, the proceeding shall be conducted in a courtroom or other place reasonably accessible to the public. Simultaneous access to the proceeding shall be provided to persons entitled to attend by means of a loudspeaker or, upon request to the court, by making a person party to the telephone call without charge. The court may permit a hearing under this section to be conducted by telephone or by interactive video and audio transmission only if the defendant consents. The defendant's consent may be made by telephone.".

AB133-ASA1-CA1,730,16 1505. Page 1423, line 17: after that line insert:

AB133-ASA1-CA1,730,17 " Section 3080mg. 800.09 (1) (c) of the statutes is amended to read:

AB133-ASA1-CA1,731,4 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 5 years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.".

AB133-ASA1-CA1,731,5 1506. Page 1424, line 9: after that line insert:

AB133-ASA1-CA1,731,6 " Section 3083m. 800.095 (4) (b) 4. of the statutes is amended to read:

AB133-ASA1-CA1,731,11 800.095 (4) (b) 4. That the defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the judgment is complied with, except that the suspension period may not exceed 5 years. This subdivision does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.".

AB133-ASA1-CA1,731,12 1507. Page 1425, line 7: after that line insert:

AB133-ASA1-CA1,731,13 " Section 3085c. 802.12 (3) (d) 1. of the statutes is amended to read:

AB133-ASA1-CA1,731,15 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

AB133-ASA1-CA1, s. 3085d Section 3085d. 802.12 (3) (d) 3. of the statutes is amended to read:

AB133-ASA1-CA1,731,18 802.12 (3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62 (4) (a).".

AB133-ASA1-CA1,731,19 1508. Page 1426, line 12: after that line insert:

AB133-ASA1-CA1,731,20 " Section 3088a. 813.16 (7) of the statutes is amended to read:

AB133-ASA1-CA1,732,2 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a corporation supervised by the division of savings and loan institutions, home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.".

AB133-ASA1-CA1,732,3 1509. Page 1426, line 12: after that line insert:

AB133-ASA1-CA1,732,4 " Section 3087c. 808.075 (4) (d) 11. of the statutes is amended to read:

AB133-ASA1-CA1,732,6 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25 (4m), or 767.265, 767.51 (3m) or 767.62 (4) (b) 3.".

AB133-ASA1-CA1,732,7 1510. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,732,8 " Section 3312m. 891.455 (4) of the statutes is created to read:

AB133-ASA1-CA1,732,12 891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.".

AB133-ASA1-CA1,732,13 1511. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,732,14 " Section 3111g. 880.155 (2) of the statutes is amended to read:

AB133-ASA1-CA1,732,24 880.155 (2) If one or both parents of a minor child are deceased and the child is in the custody of the surviving parent or any other person, a grandparent or stepparent of the child may petition for visitation privileges with respect to the child, whether or not the person with custody is married. The grandparent or stepparent may file the petition in a guardianship or temporary guardianship proceeding under this chapter that affects the minor child or may file the petition to commence an independent action under this chapter. The Except as provided in sub. (3m), the court may grant reasonable visitation privileges to the grandparent or stepparent if the surviving parent or other person who has custody of the child has notice of the hearing and if the court determines that visitation is in the best interest of the child.

AB133-ASA1-CA1, s. 3111j Section 3111j. 880.155 (3m) of the statutes is created to read:

AB133-ASA1-CA1,733,6 880.155 (3m) (a) Except as provided in par. (b), the court may not grant visitation privileges to a grandparent or stepparent under this section if the grandparent or stepparent 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-CA1,733,9 (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. 3111m Section 3111m. 880.155 (4m) of the statutes is created to read:

AB133-ASA1-CA1,733,18 880.155 (4m) (a) If a grandparent or stepparent granted visitation privileges with respect to 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 person having custody of the child, or upon the court's own motion, and upon notice to the grandparent or stepparent granted visitation privileges.

AB133-ASA1-CA1,733,21 (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. 3111p Section 3111p. 880.157 of the statutes is created to read:

AB133-ASA1-CA1,734,4 880.157 Prohibiting visitation or physical placement if a parent kills other parent. (1) Except as provided in sub. (2), in an action under this chapter that affects a minor child, a court may not grant to a parent of the child 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-CA1,734,8 (2) Subsection (1) does not apply if the court determines by clear and convincing evidence that visitation or periods of physical placement would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.".

AB133-ASA1-CA1,734,9 1512. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,734,10 " Section 3113m. 895.505 of the statutes is created to read:

AB133-ASA1-CA1,734,12 895.505 Disposal of records containing personal information. (1) Definitions. In this section:

AB133-ASA1-CA1,734,13 (a) "Credit card" has the meaning given in s. 421.301 (15).

AB133-ASA1-CA1,734,15 (am) "Dispose" does not include a sale of a record or the transfer of a record for value.

AB133-ASA1-CA1,734,19 (b) "Financial institution" means any bank, savings bank, savings and loan association or credit union that is authorized to do business under state or federal laws relating to financial institutions, any issuer of a credit card or any investment company.

AB133-ASA1-CA1,734,20 (c) "Investment company" has the meaning given in s. 180.0103 (11e).

AB133-ASA1-CA1,735,2 (d) "Medical business" means any organization or enterprise operated for profit or not for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that possesses information, other than personnel records, relating to a person's physical or mental health, medical history or medical treatment.

AB133-ASA1-CA1,735,3 (e) "Personal information" means any of the following:

AB133-ASA1-CA1,735,5 1. Personally identifiable data about an individual's medical condition, if the data are not generally considered to be public knowledge.

AB133-ASA1-CA1,735,8 2. Personally identifiable data that contain an individual's account or customer number, account balance, balance owing, credit balance or credit limit, if the data relate to an individual's account or transaction with a financial institution.

AB133-ASA1-CA1,735,10 3. Personally identifiable data provided by an individual to a financial institution upon opening an account or applying for a loan or credit.

AB133-ASA1-CA1,735,12 4. Personally identifiable data about an individual's federal, state or local tax returns.

AB133-ASA1-CA1,735,14 (f) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.

AB133-ASA1-CA1,735,17 (g) "Record" means any material on which written, drawn, printed, spoken, visual or electromagnetic information is recorded or preserved, regardless of physical form or characteristics.

AB133-ASA1-CA1,735,22 (h) "Tax preparation business" means any organization or enterprise operated for profit, including a sole proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, limited liability company or association, that for a fee prepares an individual's federal, state or local tax returns or counsels an individual regarding the individual's federal, state or local tax returns.

AB133-ASA1-CA1,736,2 (2) Disposal of records containing personal information. A financial institution, medical business or tax preparation business may not dispose of a record containing personal information unless the financial institution, medical business, tax preparation business or other person under contract with the financial institution, medical business or tax preparation business does any of the following:

AB133-ASA1-CA1,736,3 (a) Shreds the record before the disposal of the record.

AB133-ASA1-CA1,736,5 (b) Erases the personal information contained in the record before the disposal of the record.

AB133-ASA1-CA1,736,7 (c) Modifies the record to make the personal information unreadable before the disposal of the record.

AB133-ASA1-CA1,736,10 (d) Takes actions that it reasonably believes will ensure that no unauthorized person will have access to the personal information contained in the record for the period between the record's disposal and the record's destruction.

AB133-ASA1-CA1,736,14 (3) Civil liability; disposal and use. (a) A financial institution, medical business or tax preparation business is liable to a person whose personal information is disposed of in violation of sub. (2) for the amount of damages resulting from the violation.

AB133-ASA1-CA1,736,22 (b) Any person who, for any purpose, uses personal information contained in a record that was disposed of by a financial institution, medical business or tax preparation business is liable to an individual who is the subject of the information and to the financial institution, medical business or tax preparation business that disposed of the record for the amount of damages resulting from the person's use of the information. This paragraph does not apply to a person who uses personal information with the authorization or consent of the individual who is the subject of the information.

AB133-ASA1-CA1,737,2 (4) Penalties; disposal and use. (a) A financial institution, medical business or tax preparation business that violates sub. (2) may be required to forfeit not more than $1,000. Acts arising out of the same incident or occurrence shall be a single violation.

AB133-ASA1-CA1,737,8 (b) Any person who possesses a record that was disposed of by a financial institution, medical business or tax preparation business and who intends to use, for any purpose, personal information contained in the record may be fined not more than $1,000 or imprisoned for not more than 90 days or both. This paragraph does not apply to a person who possesses a record with the authorization or consent of the individual whose personal information is contained in the record.".

AB133-ASA1-CA1,737,9 1513. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,737,10 " Section 3111m. 895.035 (4) of the statutes is amended to read:

AB133-ASA1-CA1,737,19 895.035 (4) Except for recovery under sub. (4a) or for retail theft under s. 943.51, the maximum recovery under this section from any parent or parents may not exceed the amount specified in s. 799.01 (1) (d) for damages resulting from any one act of a juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If 2 or more juveniles in the custody of the same parent or parents commit the same act the total recovery under this section may not exceed the amount specified in s. 799.01 (1) (d), in addition to taxable costs and disbursements. The maximum recovery from any parent or parents for retail theft by their minor child is established under s. 943.51.

AB133-ASA1-CA1, s. 3111t Section 3111t. 895.035 (4a) of the statutes is created to read:

AB133-ASA1-CA1,738,2 895.035 (4a) (a) The maximum recovery under this section by a school board or a governing body of a private school from any parent or parents with custody of a minor child may not exceed $20,000 for damages resulting from any one act of the minor child in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court, for damages caused to the school board or the governing body of a private school by any of the following actions of the minor child:

AB133-ASA1-CA1,738,6 1. An act or threat that endangers the property, health or safety of persons at the school or under the supervision of a school authority or that damages the property of a school board or the governing body of a private school and that results in a substantial disruption of a school day or a school activity.

AB133-ASA1-CA1,738,8 2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06 or 947.015.

AB133-ASA1-CA1,738,12 (b) In addition to other recoverable damages, damages under par. (a) may include the cost to the school board or the governing body of a private school in loss of instructional time directly resulting from the action of the minor child under par. (a).

AB133-ASA1-CA1,738,16 (c) If 2 or more minor children in the custody of the same parent or parents are involved in the same action under par. (a), the total recovery may not exceed $20,000, in addition to taxable costs, disbursements and reasonable attorney fees, as determined by the court.

AB133-ASA1-CA1,738,19 (d) If an insurance policy does not explicitly provide coverage for actions under par. (a), the issuer of that policy is not liable for the damages resulting from those actions.".

AB133-ASA1-CA1,738,20 1514. Page 1431, line 11: after that line insert:

AB133-ASA1-CA1,738,21 " Section 3113m. 895.58 of the statutes is created to read:

AB133-ASA1-CA1,738,23 895.58 Liability exemption; use of special waste under public works contracts. (1) In this section:

AB133-ASA1-CA1,738,24 (a) "Department" means the department of natural resources.

AB133-ASA1-CA1,739,4 (b) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

AB133-ASA1-CA1,739,6 (c) "Public works project" means any work done under contract to a state agency or local governmental unit.

AB133-ASA1-CA1,739,8 (d) "Special waste" means any solid waste which is characterized for beneficial use in public works projects by the department of natural resources.