Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,455,9 767.477 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court 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 shall comply with the requirements of s. 767.51 (5d) 767.25 (1n).

AB133-SSA1-SA1, s. 3065cs Section 3065cs. 767.51 (3) of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,455,12 767.51 (3) A judgment or order determining paternity shall contain all of the following provisions:

AB133-SSA1-SA1,455,13 (a) An adjudication of the paternity of the child.

AB133-SSA1-SA1,455,15 (b) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB133-SSA1-SA1,455,20 (c) An order requiring either or both of the parents to contribute to 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 if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

AB133-SSA1-SA1,455,23 (d) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB133-SSA1-SA1,456,3 (e) An order requiring either or both parties to pay or contribute to the reasonable expenses of the pregnancy and the child's birth, based on the parties' ability to pay or contribute to those expenses.

AB133-SSA1-SA1,456,5 (f) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees, genetic tests as provided in s. 767.48 (5) and other costs.

AB133-SSA1-SA1,456,7 (g) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB133-SSA1-SA1, s. 3065ct Section 3065ct. 767.51 (3m) of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB133-SSA1-SA1, s. 3065cu Section 3065cu. 767.51 (3r) of the statutes is repealed.

AB133-SSA1-SA1, s. 3065cv Section 3065cv. 767.51 (4) of the statutes is repealed and recreated to read:

AB133-SSA1-SA1,456,15 767.51 (4) (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the action is commenced under s. 767.45, unless a party shows, to the satisfaction of the court, all of the following:

AB133-SSA1-SA1,456,17 1. That he or she was induced to delay commencing the action by any of the following:

AB133-SSA1-SA1,456,18 a. Duress or threats.

AB133-SSA1-SA1,456,20 b. Actions, promises or representations by the other party upon which the party relied.

AB133-SSA1-SA1,456,21 c. Actions taken by the other party to evade paternity proceedings.

AB133-SSA1-SA1,456,23 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB133-SSA1-SA1,456,25 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.

AB133-SSA1-SA1, s. 3065cw Section 3065cw. 767.51 (4g) of the statutes is repealed.

AB133-SSA1-SA1, s. 3065cx Section 3065cx. 767.51 (4m) of the statutes is repealed.

AB133-SSA1-SA1, s. 3065cy Section 3065cy. 767.51 (5) of the statutes is repealed.

AB133-SSA1-SA1, s. 3065d Section 3065d. 767.51 (5d) of the statutes is repealed.

AB133-SSA1-SA1, s. 3065dd Section 3065dd. 767.51 (5p) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed.

AB133-SSA1-SA1, s. 3065de Section 3065de. 767.53 (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,457,11 767.53 Paternity hearings and records; confidentiality. (intro.) Any hearing, discovery proceeding or trial relating to paternity determination shall be closed to any person other than those necessary to the action or proceeding. Any record of the pending proceedings shall be placed in a closed file, except that:

AB133-SSA1-SA1, s. 3065df Section 3065df. 767.53 (1) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,457,14 767.53 (1) (intro.) Access to the record of any pending or past proceeding involving the paternity of the same child shall be allowed to all of the following:

AB133-SSA1-SA1, s. 3065dg Section 3065dg. 767.53 (3) of the statutes is created to read:

AB133-SSA1-SA1,457,17 767.53 (3) Subject to s. 767.19, the records of any past proceeding in which paternity was established are open to public inspection.

AB133-SSA1-SA1, s. 3065dh Section 3065dh. 767.62 (4) of the statutes, as affected by 1997 Wisconsin Act 191, is repealed and recreated to read:

AB133-SSA1-SA1,457,23 767.62 (4) Orders when paternity acknowledged. In an action under sub. (3) (a), if the persons who signed and filed the statement acknowledging paternity as parents of the child had notice of the hearing, the court or family court commissioner shall make an order that contains all of the following provisions:

AB133-SSA1-SA1,457,25 (a) Orders for the legal custody of and periods of physical placement with the child, determined in accordance with s. 767.24.

AB133-SSA1-SA1,458,5 (b) An order requiring either or both of the parents to contribute to 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 if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent, determined in accordance with s. 767.25.

AB133-SSA1-SA1,458,8 (c) A determination as to which parent, if eligible, shall have the right to claim the child as an exemption for federal tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state tax purposes under s. 71.07 (8) (b).

AB133-SSA1-SA1,458,11 (d) An order requiring either or both parties to pay or contribute to the reasonable expenses of the pregnancy and the child's birth, based on the parties' ability to pay or contribute to those expenses.

AB133-SSA1-SA1,458,13 (e) An order requiring either or both parties to pay or contribute to the costs of the guardian ad litem fees and other costs.

AB133-SSA1-SA1,458,15 (f) An order requiring either party to pay or contribute to the attorney fees of the other party.

AB133-SSA1-SA1, s. 3065di Section 3065di. 767.62 (4m) of the statutes is created to read:

AB133-SSA1-SA1,458,20 767.62 (4m) Liability for past support. (a) Subject to par. (b), liability for past support of the child shall be limited to support for the period after the day on which the action is commenced under sub. (3) (a), unless a party shows, to the satisfaction of the court, all of the following:

AB133-SSA1-SA1,458,22 1. That he or she was induced to delay commencing the action by any of the following:

AB133-SSA1-SA1,458,23 a. Duress or threats.

AB133-SSA1-SA1,458,25 b. Actions, promises or representations by the other party upon which the party relied.

AB133-SSA1-SA1,459,1 c. Actions taken by the other party to evade proceedings under sub. (3) (a).

AB133-SSA1-SA1,459,3 2. That, after the inducement ceased to operate, he or she did not unreasonably delay in commencing the action.

AB133-SSA1-SA1,459,5 (b) In no event may liability for past support of the child be imposed for any period before the birth of the child.".

AB133-SSA1-SA1,459,6 1087. Page 1420, line 3: after that line insert:

AB133-SSA1-SA1,459,7 " Section 3073m. 800.01 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,459,10 800.01 (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-SSA1-SA1,459,11 1088. Page 1421, line 6: after that line insert:

AB133-SSA1-SA1,459,12 " Section 3076m. 800.02 (4) (a) (intro.) of the statutes is amended to read:

AB133-SSA1-SA1,459,15 800.02 (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-SSA1-SA1,459,16 1089. Page 1422, line 17: after that line insert:

AB133-SSA1-SA1,459,17 " Section 3078g. 800.04 (5) of the statutes is created to read:

AB133-SSA1-SA1,460,8 800.04 (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-SSA1-SA1,460,9 1090. Page 1423, line 17: after that line insert:

AB133-SSA1-SA1,460,10 " Section 3080mg. 800.09 (1) (c) of the statutes is amended to read:

AB133-SSA1-SA1,460,21 800.09 (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-SSA1-SA1,460,22 1091. Page 1424, line 9: after that line insert:

AB133-SSA1-SA1,460,23 " Section 3083m. 800.095 (4) (b) 4. of the statutes is amended to read:

AB133-SSA1-SA1,461,5 800.095 (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-SSA1-SA1,461,6 1092. Page 1425, line 7: after that line insert:

AB133-SSA1-SA1,461,7 " Section 3085c. 802.12 (3) (d) 1. of the statutes is amended to read:

AB133-SSA1-SA1,461,9 802.12 (3) (d) 1. Custody and physical placement under s. 767.24, 767.458 (3), 767.51 (3) or 767.62 (4) (a).

AB133-SSA1-SA1, s. 3085d Section 3085d. 802.12 (3) (d) 3. of the statutes is amended to read:

AB133-SSA1-SA1,461,12 802.12 (3) (d) 3. Child support under s. 767.25, 767.458 (3), 767.51 or 767.62 (4) (a).".

AB133-SSA1-SA1,461,13 1093. Page 1426, line 12: after that line insert:

AB133-SSA1-SA1,461,14 " Section 3087c. 808.075 (4) (d) 11. of the statutes is amended to read:

AB133-SSA1-SA1,461,16 808.075 (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-SSA1-SA1,461,17 1094. Page 1426, line 20: after that line insert:

AB133-SSA1-SA1,461,18 " Section 3089m. 814.245 (2) (d) of the statutes is amended to read:

AB133-SSA1-SA1,461,20 814.245 (2) (d) "State agency" does not include the consumer privacy advocate or citizens utility board.".

AB133-SSA1-SA1,461,21 1095. Page 1426, line 20: after that line insert:

AB133-SSA1-SA1,461,22 " Section 3093m. 814.245 (2) (d) of the statutes is amended to read:

AB133-SSA1-SA1,461,24 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.".

AB133-SSA1-SA1,462,1 1096. Page 1431, line 11: after that line insert:

AB133-SSA1-SA1,462,2 " Section 3113m. 895.505 of the statutes is created to read:

AB133-SSA1-SA1,462,4 895.505 Disposal of records containing personal information. (1) Definitions. In this section:

AB133-SSA1-SA1,462,5 (a) "Credit card" has the meaning given in s. 421.301 (15).

AB133-SSA1-SA1,462,9 (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-SSA1-SA1,462,10 (c) "Investment company" has the meaning given in s. 180.0103 (11e).

AB133-SSA1-SA1,462,15 (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-SSA1-SA1,462,16 (e) "Personal information" means any of the following:

AB133-SSA1-SA1,462,18 1. Personally identifiable data about an individual's medical condition, if the data are not generally considered to be public knowledge.

AB133-SSA1-SA1,462,21 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-SSA1-SA1,462,23 3. Personally identifiable data provided by an individual to a financial institution upon opening an account or applying for a loan or credit.

AB133-SSA1-SA1,463,2 4. Personally identifiable data about an individual's insurance, if the insurance is related to a transaction with a financial institution.

AB133-SSA1-SA1,463,4 5. Personally identifiable data about an individual's federal, state or local tax filings.