AB133-SSA1-SA1,457,11
8767.53 Paternity hearings and records; confidentiality. (intro.) Any
9hearing, discovery proceeding or trial relating to paternity determination shall be
10closed to any person other than those necessary to the action or proceeding. Any
11record of
the pending proceedings shall be placed in a closed file, except that:
AB133-SSA1-SA1,457,1413
767.53
(1) (intro.) Access to the record of any pending
or past proceeding
14involving the paternity of the same child shall be allowed to all of the following:
AB133-SSA1-SA1,457,1716
767.53
(3) Subject to s. 767.19, the records of any past proceeding in which
17paternity was established are open to public inspection.
AB133-SSA1-SA1,457,2320
767.62
(4) Orders when paternity acknowledged. In an action under sub. (3)
21(a), if the persons who signed and filed the statement acknowledging paternity as
22parents of the child had notice of the hearing, the court or family court commissioner
23shall make an order that contains all of the following provisions:
AB133-SSA1-SA1,457,2524
(a) Orders for the legal custody of and periods of physical placement with the
25child, determined in accordance with s. 767.24.
AB133-SSA1-SA1,458,5
1(b) An order requiring either or both of the parents to contribute to the support
2of any child of the parties who is less than 18 years old, or any child of the parties who
3is less than 19 years old if the child is pursuing an accredited course of instruction
4leading to the acquisition of a high school diploma or its equivalent, determined in
5accordance with s. 767.25.
AB133-SSA1-SA1,458,86
(c) A determination as to which parent, if eligible, shall have the right to claim
7the child as an exemption for federal tax purposes under
26 USC 151 (c) (1) (B), or
8as an exemption for state tax purposes under s. 71.07 (8) (b).
AB133-SSA1-SA1,458,119
(d) An order requiring either or both parties to pay or contribute to the
10reasonable expenses of the pregnancy and the child's birth, based on the parties'
11ability to pay or contribute to those expenses.
AB133-SSA1-SA1,458,1312
(e) An order requiring either or both parties to pay or contribute to the costs
13of the guardian ad litem fees and other costs.
AB133-SSA1-SA1,458,1514
(f) An order requiring either party to pay or contribute to the attorney fees of
15the other party.
AB133-SSA1-SA1,458,2017
767.62
(4m) Liability for past support. (a) Subject to par. (b), liability for past
18support of the child shall be limited to support for the period after the day on which
19the action is commenced under sub. (3) (a), unless a party shows, to the satisfaction
20of the court, all of the following:
AB133-SSA1-SA1,458,2221
1. That he or she was induced to delay commencing the action by any of the
22following:
AB133-SSA1-SA1,458,2323
a. Duress or threats.
AB133-SSA1-SA1,458,2524
b. Actions, promises or representations by the other party upon which the party
25relied.
AB133-SSA1-SA1,459,1
1c. Actions taken by the other party to evade proceedings under sub. (3) (a).
AB133-SSA1-SA1,459,32
2. That, after the inducement ceased to operate, he or she did not unreasonably
3delay in commencing the action.
AB133-SSA1-SA1,459,54
(b) In no event may liability for past support of the child be imposed for any
5period before the birth of the child.".
AB133-SSA1-SA1,459,108
800.01
(2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or
9968.04 (3) (b) 2. or by personal service by
a municipal employe an adult who is a
10resident of the state where the service is made but who is not a party to the action.".
AB133-SSA1-SA1,459,1513
800.02
(4) (a) (intro.) The summons shall be signed by a municipal judge
or by
14the attorney who is prosecuting the case in municipal court and shall contain the
15following information:".
AB133-SSA1-SA1,460,818
800.04
(5) Unless good cause to the contrary is shown, appearances referred
19to in this section may be conducted by telephone or by interactive video and audio
20transmission, if available. If testimony is to be taken under oath, the proceeding
21shall be reported by a court reporter who is in simultaneous voice communication
22with all parties to the proceeding. Regardless of the physical location of any party
23to the call, any plea, waiver, stipulation, motion, objection, decision, order or other
24action taken by the court or any party shall have the same effect as if made in open
1court. With the exceptions of scheduling conferences, pretrial conferences, and,
2during hours the court is not in session, the proceeding shall be conducted in a
3courtroom or other place reasonably accessible to the public. Simultaneous access
4to the proceeding shall be provided to persons entitled to attend by means of a
5loudspeaker or, upon request to the court, by making a person party to the telephone
6call without charge. The court may permit a hearing under this section to be
7conducted by telephone or by interactive video and audio transmission only if the
8defendant consents. The defendant's consent may be made by telephone.".
AB133-SSA1-SA1,460,2111
800.09
(1) (c) The court may suspend the defendant's operating privilege, as
12defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments
13and costs are paid, if the defendant has not done so within 60 days after the date the
14restitution or payments or both are to be made under par. (a) and has not notified the
15court that he or she is unable to comply with the judgment, as provided under s.
16800.095 (4) (a), except that the suspension period may not exceed 5 years. The court
17shall take possession of the suspended license and shall forward the license, along
18with a notice of the suspension clearly stating that the suspension is for failure to
19comply with a judgment of the court, to the department of transportation.
This
20paragraph does not apply if the forfeiture is assessed for violation of an ordinance
21that is unrelated to the violator's operation of a motor vehicle.".
AB133-SSA1-SA1,461,5
1800.095
(4) (b) 4. That the defendant's operating privilege, as defined in s.
2340.01 (40), be suspended until the judgment is complied with, except that the
3suspension period may not exceed 5 years.
This subdivision does not apply if the
4forfeiture is assessed for violation of an ordinance that is unrelated to the violator's
5operation of a motor vehicle.".
AB133-SSA1-SA1,461,98
802.12
(3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3),
9767.51 (3) or 767.62 (4)
(a).
AB133-SSA1-SA1,461,1211
802.12
(3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62
12(4)
(a).".
AB133-SSA1-SA1,461,1615
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
16(4m)
, or 767.265
, 767.51 (3m) or 767.62 (4) (b) 3.".
AB133-SSA1-SA1,461,2019
814.245
(2) (d) "State agency" does not include the
consumer privacy advocate
20or citizens utility board.".
AB133-SSA1-SA1,461,2423
814.245
(2) (d) "State agency" does not include the
public intervenor or citizens
24utility board.".
AB133-SSA1-SA1,462,4
3895.505 Disposal of records containing personal information. (1) 4Definitions. In this section:
AB133-SSA1-SA1,462,55
(a) "Credit card" has the meaning given in s. 421.301 (15).
AB133-SSA1-SA1,462,96
(b) "Financial institution" means any bank, savings bank, savings and loan
7association or credit union that is authorized to do business under state or federal
8laws relating to financial institutions, any issuer of a credit card or any investment
9company.
AB133-SSA1-SA1,462,1010
(c) "Investment company" has the meaning given in s. 180.0103 (11e).
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(d) "Medical business" means any organization or enterprise operated for profit
12or not for profit, including a sole proprietorship, partnership, firm, business trust,
13joint venture, syndicate, corporation, limited liability company or association, that
14possesses information, other than personnel records, relating to a person's physical
15or mental health, medical history or medical treatment.
AB133-SSA1-SA1,462,1616
(e) "Personal information" means any of the following:
AB133-SSA1-SA1,462,1817
1. Personally identifiable data about an individual's medical condition, if the
18data are not generally considered to be public knowledge.
AB133-SSA1-SA1,462,2119
2. Personally identifiable data that contain an individual's account or customer
20number, account balance, balance owing, credit balance or credit limit, if the data
21relate to an individual's account or transaction with a financial institution.
AB133-SSA1-SA1,462,2322
3. Personally identifiable data provided by an individual to a financial
23institution upon opening an account or applying for a loan or credit.
AB133-SSA1-SA1,463,2
14. Personally identifiable data about an individual's insurance, if the insurance
2is related to a transaction with a financial institution.
AB133-SSA1-SA1,463,43
5. Personally identifiable data about an individual's federal, state or local tax
4filings.
AB133-SSA1-SA1,463,65
(f) "Personally identifiable" means capable of being associated with a particular
6individual through one or more identifiers or other information or circumstances.
AB133-SSA1-SA1,463,97
(g) "Record" means any material on which written, drawn, printed, spoken,
8visual or electromagnetic information is recorded or preserved, regardless of
9physical form or characteristics.
AB133-SSA1-SA1,463,1410
(h) "Tax preparation business" means any organization or enterprise operated
11for profit, including a sole proprietorship, partnership, firm, business trust, joint
12venture, syndicate, corporation, limited liability company or association, that
13prepares a person's federal, state or local tax filings or counsels a person regarding
14the person's federal, state or local tax filings.
AB133-SSA1-SA1,463,19
15(2) Disposal of records containing personal information. A financial
16institution, medical business or tax preparation business may not dispose of a record
17containing personal information unless the financial institution, medical business,
18tax preparation business or other person under contract with the financial
19institution, medical business or tax preparation business does any of the following:
AB133-SSA1-SA1,463,2020
(a) Shreds the record before the disposal of the record.
AB133-SSA1-SA1,463,2221
(b) Erases the personal information contained in the record before the disposal
22of the record.
AB133-SSA1-SA1,463,2423
(c) Modifies the record to make the personal information unreadable before the
24disposal of the record.
AB133-SSA1-SA1,464,3
1(d) Takes actions that it reasonably believes will ensure that no unauthorized
2person will have access to the personal information contained in the record for the
3period between the record's disposal and the record's destruction.
AB133-SSA1-SA1,464,7
4(3) Cause of action. A financial institution, medical business or tax
5preparation business is liable to a person whose personal information is improperly
6disposed of in violation of sub. (2) for the amount of damages resulting from the
7violation.".
AB133-SSA1-SA1,464,1910
880.155
(2) If one or both parents of a minor child are deceased and the child
11is in the custody of the surviving parent or any other person, a grandparent or
12stepparent of the child may petition for visitation privileges with respect to the child,
13whether or not the person with custody is married. The grandparent or stepparent
14may file the petition in a guardianship or temporary guardianship proceeding under
15this chapter that affects the minor child or may file the petition to commence an
16independent action under this chapter.
The Except as provided in sub. (3m), the 17court may grant reasonable visitation privileges to the grandparent or stepparent if
18the surviving parent or other person who has custody of the child has notice of the
19hearing and if the court determines that visitation is in the best interest of the child.
AB133-SSA1-SA1,465,221
880.155
(3m) (a) Except as provided in par. (b), the court may not grant
22visitation privileges to a grandparent or stepparent under this section if the
23grandparent or stepparent has been convicted under s. 940.01 of the first-degree
1intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
2a parent of the child, and the conviction has not been reversed, set aside or vacated.
AB133-SSA1-SA1,465,53
(b) Paragraph (a) does not apply if the court determines by clear and convincing
4evidence that the visitation would be in the best interests of the child. The court shall
5consider the wishes of the child in making the determination.
AB133-SSA1-SA1,465,147
880.155
(4m) (a) If a grandparent or stepparent granted visitation privileges
8with respect to a child under this section is convicted under s. 940.01 of the
9first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
10homicide, of a parent of the child, and the conviction has not been reversed, set aside
11or vacated, the court shall modify the visitation order by denying visitation with the
12child upon petition, motion or order to show cause by a person having custody of the
13child, or upon the court's own motion, and upon notice to the grandparent or
14stepparent granted visitation privileges.
AB133-SSA1-SA1,465,1715
(b) Paragraph (a) does not apply if the court determines by clear and convincing
16evidence that the visitation would be in the best interests of the child. The court shall
17consider the wishes of the child in making the determination.
AB133-SSA1-SA1,465,25
19880.157 Prohibiting visitation or physical placement if a parent kills
20other parent. (1) Except as provided in sub. (2), in an action under this chapter
21that affects a minor child, a court may not grant to a parent of the child visitation or
22physical placement rights with the child if the parent has been convicted under s.
23940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
24intentional homicide, of the child's other parent, and the conviction has not been
25reversed, set aside or vacated.
AB133-SSA1-SA1,466,4
1(2) Subsection (1) does not apply if the court determines by clear and
2convincing evidence that visitation or periods of physical placement would be in the
3best interests of the child. The court shall consider the wishes of the child in making
4the determination.".
AB133-SSA1-SA1,466,147
908.03
(6m) (d)
Fees. The department of health and family services shall, by
8rule, prescribe uniform fees
that are based on an approximation of
the actual costs
9that are incurred by a health care provider in providing certified duplicate patient
10health care records. The fees are the maximum amount that a health care provider
11may charge
under par. (c) 3. for certified duplicate
patient health care records. The
12rule shall also
allow specify that the health care provider
to may charge
fees for
13actual postage or other
actual delivery costs.
The commencement of an action is not
14a prerequisite for the application of this paragraph.".
