Amendment ASA1-SB55

SB55-ASA1, s. 3713k Section 3713k. 563.04 (14) of the statutes is created to read:

SB55-ASA1,1180,22 563.04 (14) Promulgate rules relating to the sale of equal shares of single raffle tickets to one or more purchasers under a Class A raffle license under s. 563.92 (1m).

SB55-ASA1, s. 3713kg Section 3713kg. 563.92 (1m) of the statutes is amended to read:

SB55-ASA1,1181,4 563.92 (1m) The department may issue a Class A license for the conduct of a raffle in which some or all of the tickets for that raffle are sold on days other than the same day as the raffle drawing and in which equal shares of a single ticket may be sold to one or more purchasers. The department may issue a Class B license for the conduct of a raffle in which all of the tickets for that raffle are sold on the same day as the raffle drawing.

SB55-ASA1, s. 3713km Section 3713km. 563.93 (2) of the statutes is amended to read:

SB55-ASA1,1181,6 563.93 (2) No raffle ticket may exceed $50 $100 in cost.

SB55-ASA1, s. 3713kp Section 3713kp. 563.93 (9) of the statutes is created to read:

SB55-ASA1,1181,10 563.93 (9) If a person who holds a Class A license sells equal shares of a single ticket to one or more purchasers, the person shall, prior to the raffle drawing for which the shares were sold, purchase any shares of the ticket that have not been sold.

SB55-ASA1, s. 3733r Section 3733r. 601.41 (1) of the statutes is amended to read:

SB55-ASA1,1181,15 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.0137 (4) and (4m), 120.13 (2) (b) to (g), 149.13 and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

SB55-ASA1, s. 1979 Section 1979. 601.47 (2) of the statutes is amended to read:

SB55-ASA1,1181,21 601.47 (2) Annual report. The commissioner shall determine the form for and have printed the report required in s. 601.46 (3), in number sufficient and shall have the report published in sufficient quantity to meet all requests for copies. The commissioner shall distribute copies upon request to any person who pays the reasonable price thereof determined for the report under sub. (1).

SB55-ASA1, s. 1980 Section 1980. 614.80 of the statutes is amended to read:

SB55-ASA1,1182,3 614.80 Tax exemption. Every domestic and nondomestic fraternal, except those that offer a health maintenance organization as defined in s. 609.01 (2) or a limited service health organization as defined in s. 609.01 (3) is exempt from all state, county, district, municipal and school taxes or fees, except the fees required by s. 601.31 (2), but is required to pay all taxes and special assessments on its real estate and office equipment, except as provided in ss. 70.11 (4) and 70.1105 (1).

SB55-ASA1, s. 3761r Section 3761r. 632.895 (10) (a) of the statutes is amended to read:

SB55-ASA1,1182,12 632.895 (10) (a) Except as provided in par. (b), every disability insurance policy and every health care benefits plan provided on a self-insured basis by a county board under s. 59.52 (11), by a city or village under s. 66.0137 (4) , by a political subdivision under s. 66.0137 (4m), by a town under s. 60.23 (25), or by a school district under s. 120.13 (2) shall provide coverage for blood lead tests for children under 6 years of age, which shall be conducted in accordance with any recommended lead screening methods and intervals contained in any rules promulgated by the department of health and family services under s. 254.158.

SB55-ASA1, s. 1981 Section 1981. 704.05 (5) (a) 2. of the statutes is amended to read:

SB55-ASA1,1183,2 704.05 (5) (a) 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personalty personal property by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) (gm) (h).

SB55-ASA1, s. 1982 Section 1982. 704.31 (3) of the statutes is amended to read:

SB55-ASA1,1183,6 704.31 (3) This section does not apply to a lease to which a local professional baseball park district created under subch. III of ch. 229 or the Fox River Navigational System Authority is a party.

SB55-ASA1, s. 1983 Section 1983. 757.05 (1) (a) of the statutes is amended to read:

SB55-ASA1,1183,16 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 23% 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

SB55-ASA1, s. 3774c Section 3774c. 757.05 (1) (a) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1184,2 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), or (bm), or (br) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 13% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

SB55-ASA1, s. 1984 Section 1984. 757.05 (1) (b) of the statutes is amended to read:

SB55-ASA1,1184,8 757.05 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.

SB55-ASA1, s. 1985 Section 1985. 757.05 (1) (c) of the statutes is amended to read:

SB55-ASA1,1184,14 757.05 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit such the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.0114 (1) (b) (bm).

SB55-ASA1, s. 1986 Section 1986. 757.05 (1) (d) of the statutes is amended to read:

SB55-ASA1,1184,21 757.05 (1) (d) If any deposit of bail is made for a noncriminal offense to which this section subsection applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this section subsection for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer under this section subsection. If bail is returned, the assessment shall also be returned.

SB55-ASA1, s. 3777n Section 3777n. 757.05 (2) (a) of the statutes is amended to read:

SB55-ASA1,1185,3 757.05 (2) (a) Law enforcement training fund. Twenty-seven fifty-fifths Eleven twenty-fourths of all moneys collected from penalty assessments under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

SB55-ASA1, s. 3780g Section 3780g. 757.57 (5) of the statutes is amended to read:

SB55-ASA1,1185,11 757.57 (5) Except as provided in SCR 71.04 (4), every reporter, upon the request of any party to an action or proceeding, shall make a typewritten transcript, and as many copies thereof as the party requests, of the testimony and proceedings reported by him or her in the action or proceeding, or any part thereof specified by the party, the transcript and each copy thereof to be duly certified by him or her to be a correct transcript thereof. For the transcripts the reporter is entitled to receive the fees prescribed in s. 814.69 (1) (b) and (bm).

SB55-ASA1, s. 3780q Section 3780q. 757.69 (8) of the statutes is created to read:

SB55-ASA1,1185,18 757.69 (8). Each court commissioner appointed under s. 48.065, 757.68, 757.72, 767.13, or 938.065 shall participate in programs of continuing court commissioner education required by the supreme court. The supreme court shall charge court commissioners a fee for the costs of the continuing education programs required under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under s. 20.680 (2) (ga).

SB55-ASA1, s. 1987 Section 1987. 758.19 (7) of the statutes is amended to read:

SB55-ASA1,1186,6 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the secretary of administration department of electronic government, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.

SB55-ASA1, s. 1988 Section 1988. 765.12 (1) of the statutes is renumbered 765.12 (1) (a) and amended to read:

SB55-ASA1,1186,17 765.12 (1) (a) If ss. 765.02, 765.05, 765.08, and 765.09 are complied with, and if there is no prohibition against or legal objection to the marriage, the county clerk shall issue a marriage license. With each marriage license the county clerk shall provide a pamphlet describing the causes and effects of fetal alcohol syndrome. After the application for the marriage license the clerk shall, upon the sworn statement of either of the applicants, correct any erroneous, false or insufficient statement in the marriage license or in the application therefor which shall come to the clerk's attention prior to the marriage and shall show the corrected statement as soon as reasonably possible to the other applicant.

SB55-ASA1, s. 1989 Section 1989. 765.12 (1) (b) of the statutes is created to read:

SB55-ASA1,1186,25 765.12 (1) (b) If, after completion of the marriage license application, one of the applicants notifies the clerk in writing that any of the information provided by that applicant for the license is erroneous, the clerk shall notify the other applicant of the correction as soon as reasonably possible. If the marriage license has not been issued, the clerk shall prepare a new license with the correct information entered. If the marriage license has been issued, the clerk shall immediately send a letter of correction to the state registrar to amend the erroneous information.

SB55-ASA1, s. 1990 Section 1990. 765.12 (1) (c) of the statutes is created to read:

SB55-ASA1,1187,7 765.12 (1) (c) If, after completion of the marriage license application, the clerk discovers that correct information has been entered erroneously, the clerk shall, if the marriage license has not been issued, prepare a new license with the correct information correctly entered. If the marriage license has been issued, the clerk shall immediately send a letter of correction to the state registrar to amend the erroneous information.

SB55-ASA1, s. 1991 Section 1991. 765.13 of the statutes is amended to read:

SB55-ASA1,1187,25 765.13 Form of marriage document. The marriage document shall contain the social security number of each party, as well as any other informational items that the department of health and family services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. It consist of the marriage license and the marriage license worksheet. The marriage license shall contain a notification of the time limits of the authorization to marry, a notation that the issue of the marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the signature of the county clerk, who shall acquire the information for the marriage document and enter it in its proper place when the marriage license is issued. The marriage license worksheet shall contain the social security number of each party, as well as any other information items that the department of health and family services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. The county clerk shall transmit the marriage license worksheet to the state registrar within 5 days after the date of issuance of the marriage license.

SB55-ASA1, s. 3786c Section 3786c. 767.08 (2) (b) of the statutes is amended to read:

SB55-ASA1,1188,12 767.08 (2) (b) The court in the action shall, as provided under s. 767.25 or 767.26, determine and adjudge the amount, if any, the person should reasonably contribute to the support and maintenance of the spouse or child and how the sum should be paid. This amount may must be expressed as a percentage of the person's 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 the person's income or a fixed sum unless the parties have stipulated to expressing the amount as a percentage of the payer's income and the requirements under s. 767.10 (2) (am) 1. to 3. are satisfied. The amount so ordered to be paid may be changed or modified by the court upon notice of motion or order to show cause by either party upon sufficient evidence.

SB55-ASA1, s. 3786d Section 3786d. 767.10 (2) (am) of the statutes is created to read:

SB55-ASA1,1188,16 767.10 (2) (am) A court may not approve a stipulation for expressing child support or family support as a percentage of the payer's income unless all of the following apply:

SB55-ASA1,1188,18 1. The state is not a real party in interest in the action under any of the circumstances specified in s. 767.075 (1).

SB55-ASA1,1188,20 2. The payer is not subject to any other order, in any other action, for the payment of child or family support or maintenance.

SB55-ASA1,1188,23 3. All payment obligations included in the order, other than the annual receiving and disbursing fee under s. 767.29 (1) (d), are expressed as a percentage of the payer's income.

SB55-ASA1, s. 3786e Section 3786e. 767.23 (1) (c) of the statutes is amended to read:

SB55-ASA1,1189,7 767.23 (1) (c) Subject to s. 767.477, requiring either party or both parties to make payments for the support of minor children, which payment amounts may must 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 unless the parties have stipulated to expressing the amount as a percentage of the payer's income and the requirements under s. 767.10 (2) (am) 1. to 3. are satisfied.

SB55-ASA1, s. 3786f Section 3786f. 767.25 (1) (a) of the statutes is amended to read:

SB55-ASA1,1189,15 767.25 (1) (a) Order either or both parents to pay an amount reasonable or necessary to fulfill a duty to support a child. The support amount may must 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 unless the parties have stipulated to expressing the amount as a percentage of the payer's income and the requirements under s. 767.10 (2) (am) 1. to 3. are satisfied.

SB55-ASA1, s. 3786g Section 3786g. 767.263 (1) of the statutes is amended to read:

SB55-ASA1,1190,4 767.263 (1) Each order for child support, family support , or maintenance payments shall include an order that the payer and payee notify the county child support agency under s. 59.53 (5) of any change of address within 10 business days of such change. Each order for child support, family support, or maintenance payments shall also include an order that the payer notify the county child support agency under s. 59.53 (5) and the payee, within 10 business days, of any change of employer and of any substantial change in the amount of his or her income, including receipt of bonus compensation, such that his or her ability to pay child support, family support, or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order under s. 767.32 or an annual adjustment of the child or family support amount under s. 767.33 is sought.

SB55-ASA1, s. 1992 Section 1992. 767.265 (1) of the statutes is amended to read:

SB55-ASA1,1190,22 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4), for support by a spouse under s. 767.02 (1) (f), or for maintenance payments under s. 767.02 (1) (g) or for, each order for or obligation to pay the annual receiving and disbursing fee under s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance, or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter, and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments, and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order, obligation, or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order, obligation, or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

SB55-ASA1, s. 1993 Section 1993. 767.265 (1m) of the statutes is amended to read:

SB55-ASA1,1191,5 767.265 (1m) If a party's current obligation to pay maintenance, child support, spousal support, or family support or the annual receiving and disbursing fee terminates but the party has an arrearage in the payment of one or more of those payments, the or in the payment of the annual receiving and disbursing fee, any assignment under sub. (1) shall continue in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.

SB55-ASA1, s. 3788g Section 3788g. 767.265 (3m) of the statutes is amended to read:

SB55-ASA1,1191,16 767.265 (3m) Benefits under ch. 108 may be assigned and withheld only in the manner provided in s. 108.13 (4). Any order to withhold benefits under ch. 108 may shall be for a percentage of benefits payable or for a fixed sum, or for a combination of both in the alternative by requiring the withholding of the greater or lesser of either a percentage of benefits payable or a fixed sum unless the court-ordered obligation on which the withholding order is based is expressed in the court order as a percentage of the payer's income, in which case an order to withhold benefits under ch. 108 shall be for a percentage of benefits payable. When money is to be withheld from these benefits, no fee may be deducted from the amount withheld and no fine may be levied for failure to withhold the money.

SB55-ASA1, s. 1994 Section 1994. 767.29 (1) (d) of the statutes is amended to read:

SB55-ASA1,1192,9 767.29 (1) (d) For receiving and disbursing maintenance, child support, or family support payments, including arrears in any of those payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $25 $35. The court or family court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment of the annual fee, the court or family court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or family court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the department or its designee may not deduct the annual fee from the any maintenance or, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

SB55-ASA1, s. 1995 Section 1995. 767.29 (1) (dm) 1m. of the statutes is amended to read:

SB55-ASA1,1192,25 767.29 (1) (dm) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.265 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance or, child or family support, or arrearage payment.

SB55-ASA1, s. 3793e Section 3793e. 767.32 (1) (a) of the statutes is amended to read:

SB55-ASA1,1194,2 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), 938.363 (2), or 948.22 (7), maintenance payments under s. 767.26, or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion, or order to show cause of either of the parties, or upon the petition, motion, or order to show cause of the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A Except as provided in par. (d), a revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

SB55-ASA1, s. 3793f Section 3793f. 767.32 (1) (d) of the statutes is created to read:

SB55-ASA1,1194,7 767.32 (1) (d) In an action under this section to revise a judgment or order with respect to child or family support, the court is not required to make a finding of a substantial change in circumstances to change to a fixed sum the manner in which the amount of child or family support is expressed in the judgment or order.

SB55-ASA1, s. 3793g Section 3793g. 767.33 of the statutes is repealed and recreated to read:

SB55-ASA1,1194,14 767.33 Annual adjustments in support orders. (1) (a) An order for child or family support under this chapter may provide for an annual adjustment in the amount to be paid based on a change in the payer's income if the amount of child or family support is expressed in the order as a fixed sum and based on the percentage standard established by the department under s. 49.22 (9). No adjustment may be made under this section unless the order provides for the adjustment.

SB55-ASA1,1194,17 (b) An adjustment under this section may not be made more than once in a year and shall be determined on the basis of the percentage standard established by the department under s. 49.22 (9).

SB55-ASA1,1194,20 (c) In the order the court or family court commissioner shall specify what information the parties must exchange to determine whether the payer's income has changed, and shall specify the manner and timing of the information exchange.

SB55-ASA1,1195,3 (2) If the court or family court commissioner provides for an annual adjustment, the court or family court commissioner shall make available to the parties, including the state if the state is a real party in interest under s. 767.075 (1), a form approved by the court or family court commissioner for the parties to use in stipulating to an adjustment of the amount of child or family support and to modification of any applicable income-withholding order. The form shall include an order, to be signed by a judge or family court commissioner, for approval of the stipulation of the parties.

SB55-ASA1,1195,8 (3) (a) If the payer's income changes from the amount found by the court or family court commissioner or stipulated to by the parties for the current child or family support order, the parties may implement an adjustment under this section by stipulating, on the form under sub. (2), to the changed income amount and the adjusted child or family support amount, subject to sub. (1) (b).

SB55-ASA1,1195,14 (b) The stipulation form must be signed by all parties, including the state if the state is a real party in interest under s. 767.075 (1), and filed with the court. If the stipulation is approved, the order shall be signed by a judge or family court commissioner and implemented in the same manner as an order for a revision under s. 767.32. An adjustment under this subsection shall be effective as of the date on which the order is signed by the judge or family court commissioner.

SB55-ASA1,1195,17 (4) (a) Any party, including the state if the state is a real party in interest under s. 767.075 (1), may file a motion, petition, or order to show cause for implementation of an annual adjustment under this section if any of the following applies:

SB55-ASA1,1195,19 1. A party refuses to provide the information required by the court under sub. (1) (c).

SB55-ASA1,1195,21 2. The payer's income changes, but a party refuses to sign the stipulation for an adjustment in the amount of child or family support.

SB55-ASA1,1196,3 (b) If the court or family court commissioner determines after a hearing that an adjustment should be made, the court or family court commissioner shall enter an order adjusting the child or family support payments by the amount determined by the court or family court commissioner, subject to sub. (1) (b). An adjustment under this subsection may not take effect before the date on which the party responding to the motion, petition, or order to show cause received notice of the action under this subsection.

SB55-ASA1,1196,6 (c) Notwithstanding par. (b), the court or family court commissioner may direct that all or part of the adjustment not take effect until such time as the court or family court commissioner directs, if any of the following applies:

SB55-ASA1,1196,9 1. The payee was seeking an adjustment and the payer establishes that extraordinary circumstances beyond his or her control prevent fulfillment of the adjusted child or family support obligation.

SB55-ASA1,1196,12 2. The payer was seeking an adjustment and the payee establishes that the payer voluntarily and unreasonably reduced his or her income below his or her earning capacity.

SB55-ASA1,1196,14 3. The payer was seeking an adjustment and the payee establishes that the adjustment would be unfair to the child.

SB55-ASA1,1196,21 (d) If in an action under this subsection the court or family court commissioner determines that a party has unreasonably failed to provide the information required under sub. (1) (c) or to provide the information on a timely basis, or unreasonably failed or refused to sign a stipulation for an annual adjustment, the court or family court commissioner may award to the aggrieved party actual costs, including service costs, any costs attributable to time missed from employment, the cost of travel to and from court, and reasonable attorney fees.