Amendment SA1-SSA1-AB133

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.

AB133-SSA1-SA1,463,6 (f) "Personally identifiable" means capable of being associated with a particular individual through one or more identifiers or other information or circumstances.

AB133-SSA1-SA1,463,9 (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-SSA1-SA1,463,14 (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 prepares a person's federal, state or local tax filings or counsels a person regarding the person's federal, state or local tax filings.

AB133-SSA1-SA1,463,19 (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-SSA1-SA1,463,20 (a) Shreds the record before the disposal of the record.

AB133-SSA1-SA1,463,22 (b) Erases the personal information contained in the record before the disposal of the record.

AB133-SSA1-SA1,463,24 (c) Modifies the record to make the personal information unreadable before the disposal of the record.

AB133-SSA1-SA1,464,3 (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-SSA1-SA1,464,7 (3) Cause of action. A financial institution, medical business or tax preparation business is liable to a person whose personal information is improperly disposed of in violation of sub. (2) for the amount of damages resulting from the violation.".

AB133-SSA1-SA1,464,8 1097. Page 1431, line 11: after that line insert:

AB133-SSA1-SA1,464,9 " Section 3111g. 880.155 (2) of the statutes is amended to read:

AB133-SSA1-SA1,464,19 880.155 (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-SSA1-SA1, s. 3111j Section 3111j. 880.155 (3m) of the statutes is created to read:

AB133-SSA1-SA1,465,2 880.155 (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-SSA1-SA1,465,5 (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-SSA1-SA1, s. 3111m Section 3111m. 880.155 (4m) of the statutes is created to read:

AB133-SSA1-SA1,465,14 880.155 (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-SSA1-SA1,465,17 (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-SSA1-SA1, s. 3111p Section 3111p. 880.157 of the statutes is created to read:

AB133-SSA1-SA1,465,25 880.157 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-SSA1-SA1,466,4 (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-SSA1-SA1,466,5 1098. Page 1431, line 11: after that line insert:

AB133-SSA1-SA1,466,6 " Section 3111q. 908.03 (6m) (d) of the statutes is amended to read:

AB133-SSA1-SA1,466,14 908.03 (6m) (d) Fees. The department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs that are incurred by a health care provider in providing certified duplicate patient health care records. The fees are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow specify that the health care provider to may charge fees for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.".

AB133-SSA1-SA1,466,15 1099. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,466,16 " Section 3120m. 938.09 (2) of the statutes is amended to read:

AB133-SSA1-SA1,466,23 938.09 (2) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter concerning a civil law violation arising under s. 938.125. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.

AB133-SSA1-SA1, s. 3120n Section 3120n. 938.09 (5) of the statutes is amended to read:

AB133-SSA1-SA1,467,6 938.09 (5) By the district attorney or, if designated by the county board of supervisors, by the corporation counsel, in any matter arising under s. 938.13. If the county board transfers this authority to or from the district attorney on or after May 11, 1990, the board may do so only if the action is effective on September 1 of an odd-numbered year and the board notifies the department of administration justice of that change by January 1 of that odd-numbered year.".

AB133-SSA1-SA1,467,7 1100. Page 1431, line 22: after that line insert:

AB133-SSA1-SA1,467,8 " Section 3130m. 938.20 (8) of the statutes is amended to read:

AB133-SSA1-SA1,468,3 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms of aftercare supervision administered by the department or a county department is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts and of the time and place of the detention hearing required under s. 938.21. The parent, guardian and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, the right to counsel under s. 938.23 regardless of ability to pay and the right to present and cross-examine witnesses at the hearing. If the parent, guardian or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian or legal custodian.