SB123: Bill Text

SB123,51,8 (c) A judge or circuit court commissioner court shall accept any legible petition motion for an order under this section.

SB123,51,10 (d) The petition motion shall be filed under the principal action under which the periods of physical placement were awarded.

SB123,51,12 (e) A petition motion under this section is a motion for remedial sanction for purposes of s. 785.03 (1) (a).

SB123,51,18 (4) Service on respondent responding party; response. Upon the filing of a petition motion under sub. (3), the petitioner moving party shall serve a copy of the petition motion upon the respondent responding party by personal service in the same manner as a summons is served under s. 801.11. The respondent responding party may respond to the petition motion either in writing before or at the hearing under sub. (5) (a) or orally at that hearing.

SB123,51,25 (5) (a) A judge or circuit court commissioner The court shall hold a hearing on the petition motion no later than 30 days after the petition motion has been served, unless the time is extended by mutual agreement of the parties or upon the motion of a guardian ad litem and the approval of the judge or circuit court commissioner court. The judge or circuit court commissioner court may, on his or her its own motion or the motion of any party, order that a guardian ad litem be appointed for the child prior to the hearing.

SB123,52,6 (b) (intro.) If, at the conclusion of the hearing, the judge or circuit court commissioner court finds that the respondent responding party has intentionally and unreasonably denied the petitioner moving party one or more periods of physical placement or that the respondent responding party has intentionally and unreasonably interfered with one or more of the petitioner's moving party's periods of physical placement, the court or circuit court commissioner:

SB123,52,8 1. b. Award the petitioner moving party a reasonable amount for the cost of maintaining an action under this section and for attorney fees.

SB123,52,9 2. b. Find the respondent responding party in contempt of court under ch. 785.

SB123,52,15 c. Grant an injunction ordering the respondent responding party to strictly comply with the judgment or order relating to the award of physical placement. In determining whether to issue an injunction, the judge or circuit court commissioner court shall consider whether alternative remedies requested by the petitioner moving party would be as effective in obtaining compliance with the order or judgment relating to physical placement.

SB123,52,24 (c) If, at the conclusion of the hearing, the judge or circuit court commissioner court finds that the petitioner moving party has incurred a financial loss or expenses as a result of the respondent's responding party's failure, intentionally and unreasonably and without adequate notice to the petitioner moving party, to exercise one or more periods of physical placement under an order allocating specific times for the exercise of periods of physical placement, the judge or circuit court commissioner court may issue an order requiring the respondent responding party to pay to the petitioner moving party a sum of money sufficient to compensate the petitioner moving party for the financial loss or expenses.

SB123,53,3 (d) Except as provided in par. (b) 1. a. and 2. a., the judge or circuit court commissioner court may not modify an order of legal custody or physical placement in an action under this section.

SB123,53,6 (e) An injunction issued under par. (b) 2. c. is effective according to its terms, for the period of time that the petitioner moving party requests, but not more than 2 years.

SB123,53,10 (6) (a) If an injunction is issued under sub. (5) (b) 2. c., upon request by the petitioner the judge or circuit court commissioner moving party the court shall order the sheriff to assist the petitioner moving party in executing or serving the injunction.

SB123,53,17 (b) Within 24 hours after a request by the petitioner moving party, the clerk of the circuit court shall send a copy of an injunction issued under sub. (5) (b) 2. c. to the sheriff or to any other local law enforcement agency that is the central repository for orders and that has jurisdiction over the respondent's responding party's residence. If the respondent responding party does not reside in this state, the clerk shall send a copy of the injunction to the sheriff of the county in which the circuit court is located.

Note: Replaces "petition" with "motion", "petitioner" with "moving party", and "respondent" with "responding party". This change is intended to avoid the current confusion resulting from using "petition", "petitioner", and "respondent" with reference to both the original petition in the action in which physical placement was ordered and the petition to enforce that order under this section, current s. 767.242.

SB123, s. 101 Section 101. 767.245 of the statutes is renumbered 767.43, and 767.43 (4), as renumbered, is amended to read:

SB123,54,3 767.43 (4) Paternity determination. If the paternity of the child has not yet been determined in an action under sub. (3) that is commenced by a person other than a parent of the child's mother but the person filing the petition under sub. (3) has, in conjunction with that petition, filed a petition or motion under s. 767.45 767.80 (1) (k), the court shall make a determination as to paternity before determining visitation rights under sub. (3).

SB123, s. 102 Section 102. 767.247 of the statutes is renumbered 767.44 and amended to read:

SB123,54,14 767.44 Prohibiting visitation or physical placement if a parent kills other parent. (1) When prohibited. Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51 (3) and 767.62 (4) (a) 767.225 (1) (am), 767.41 (1), (4), and (5), 767.805 (4) (a), and 767.89 (3) and except as provided in sub. (2), in an action under this chapter that affects a minor child, a court or circuit court commissioner may not grant to the child's parent 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.

SB123,54,19 (2) When not applicable. Subsection (1) does not apply if the court or circuit court commissioner determines by clear and convincing evidence that the visitation or periods of physical placement would be in the best interests of the child. The court or circuit court commissioner shall consider the wishes of the child in making the determination.

SB123, s. 103 Section 103. 767.25 (title) and (1) to (4) of the statutes are renumbered 767.511 (title) and (1) to (4), and 767.511 (1) and (1m) (em) and (f), as renumbered, are amended to read:

SB123,55,2 767.511 (1) When ordered. Whenever When the court approves a stipulation for child support under s. 767.10 767.34, enters a judgment of annulment, divorce, or legal separation, or enters an order or a judgment in a paternity action or in an action under s. 767.02 (1) (f) or (j), 767.08 or 767.62 (3) 767.001 (1) (f) or (j), 767.501, or 767.805 (3), the court shall do all of the following:

SB123,55,7 (a) Order either or both parents to pay an amount reasonable or necessary to fulfill a duty to support a child. The support amount must be expressed as 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. 767.10 767.34 (2) (am) 1. to 3. are satisfied.

SB123,55,18 (b) Ensure that the parties have stipulated which party, if either is eligible, will claim each child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state. If the parties are unable to reach an agreement about the tax exemption for each child, the court shall make the decision in accordance with state and federal tax laws. In making its decision, the court shall consider whether the parent who is assigned responsibility for the child's health care expenses under sub. (4m) s. 767.513 is covered under a health insurance policy or plan, including a self-insured plan, that is not subject to s. 632.897 (10) and that conditions coverage of a dependent child on whether the child is claimed by the insured parent as an exemption for purposes of federal or state income taxes.

SB123,55,20 (1m) (em) Extraordinary travel expenses incurred in exercising the right to periods of physical placement under s. 767.24 767.41.

SB123,55,22 (f) The physical, mental, and emotional health needs of the child, including any costs for health insurance as provided for under sub. (4m) s. 767.513.

SB123, s. 104 Section 104 . 767.25 (4m) of the statutes is renumbered 767.513, and 767.513 (1) to (3), (4) (b), (5) (b) and (6), as renumbered, are amended to read:

SB123,56,2 767.513 (1) Definition. In this subsection section, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

SB123,56,21 (2) Responsibility and payment. In addition to ordering child support for a child under sub. s. 767.511 (1), the court shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses. In assigning responsibility for a child's health care expenses, the court shall consider whether a child is covered under a parent's health insurance policy or plan at the time the court approves a stipulation for child support under s. 767.10 767.34, enters a judgment of annulment, divorce, or legal separation, or enters an order or a judgment in a paternity action or in an action under s. 767.02 (1) (f) or (j), 767.08 or 767.62 (3) 767.001 (1) (f) or (j), 767.501, or 767.805 (3), the availability of health insurance to each parent through an employer or other organization, the extent of coverage available to a child, and the costs to the parent for the coverage of the child. A parent may be required to initiate or continue health care insurance coverage for a child under this subsection section. If a parent is required to do so, he or she shall provide copies of necessary program or policy identification to the custodial parent and is liable for any health care costs for which he or she receives direct payment from an insurer. This subsection section shall not be construed to limit the authority of the court to enter or modify support orders containing provisions for payment of medical expenses, medical costs, or insurance premiums which that are in addition to and not inconsistent with this subsection section.

SB123,57,10 (3) Income withholding and assignment. (a) In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider, or plan, as provided in s. 767.265 767.75 (3h), or sent to the department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider, or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 767.75 (2r) and may include the notice of assignment under this subdivision paragraph with a notice of assignment under s. 767.265 767.75. The department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the department or its designee for health care expenses that are directed to be paid to the department or its designee.

SB123,57,22 (b) If the court orders a parent to initiate or continue health insurance coverage for a child under a health insurance policy that is available to the parent through an employer or other organization but the court does not specify the manner in which payment of the health insurance premiums shall be made, the clerk of court may provide notice of assignment in the manner provided under s. 767.265 767.75 (2r) for the withholding from income of the amount necessary to pay the health insurance premiums. The notice of assignment under this subdivision paragraph may be sent with or included as part of any other notice of assignment under s. 767.265, if appropriate 767.75. A person who receives notice of assignment under this subdivision paragraph shall send the withheld health insurance premiums to the appropriate health care insurer, provider, or plan, as provided in s. 767.265 767.75 (3h).

SB123,58,2 (4) (b) Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department, or the county child support agency under s. 59.53 (5), or upon receiving a notice under par. (f) 1. sub. (6) (a).

SB123,58,4 (5) (b) Section 767.265 767.75 (4) applies to a garnishment based on a judgment obtained under subd. 1. par. (a).

SB123,58,10 (6) Change of employment; notice. (a) If a parent who provides coverage of the health care expenses of a child under an order under this subsection section changes employers and that parent has a court-ordered child support obligation with respect to the child, the county child support agency under s. 59.53 (5) shall provide notice of the order to provide coverage of the child's health care expenses to the new employer and to the parent.

SB123,58,20 (b) The notice provided to the parent shall inform the parent that coverage for the child under the new employer's health benefit plan will be in effect upon the employer's receipt of the notice. The notice shall inform the parent that he or she may, within 10 business days after receiving the notice, by motion request a hearing before the court on the issue of whether the order to provide coverage of the child's health care expenses should remain in effect. A motion under this subdivision paragraph may be heard by a circuit court commissioner. If the parent requests a hearing and the court or circuit court commissioner determines that the order to provide coverage of the child's health care expenses should not remain in effect, the court shall provide notice to the employer that the order is no longer in effect.

Note: Section 104 renumbers s. 767.25 (4m) (health care expenses) so that it becomes a stand alone section, separate from the general child support section. See, also, the creation of s. 767.511 (1) (c) by Sec. 219 of the bill.

SB123, s. 105 Section 105. 767.25 (5) to (7) of the statutes are renumbered 767.511 (5) to (7), and 767.511 (5), (6) (intro.) and (7), as renumbered, are amended to read:

SB123,59,3 767.511 (5) Liability for past support. Subject to ss. 767.51 (4) and 767.62 (4m) 767.805 (4m) and 767.89 (4), liability for past support shall be is limited to the period after the birth of the child.

SB123,59,15 (6) Interest on arrearage. (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.29 767.57. The court may determine amounts owed for specific expenses related to the support of a child previously ordered and may add the amounts to any arrearage of record under this subsection. Except as provided in s. 767.29 767.57 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

Note: Clarifies that for purposes of interest on child support arrearages the court may also determine amounts owed for previously ordered specific expenses and may add the amounts to any other arrearage under the subsection.

SB123,59,17 (7) Effect of joint legal custody. An order of joint legal custody under s. 767.24 767.41 does not affect the amount of child support ordered.

SB123, s. 106 Section 106. 767.253 (title) of the statutes is repealed.

SB123, s. 107 Section 107. 767.253 of the statutes is renumbered 767.55 (1) and amended to read:

SB123,60,2 767.55 (1) Generally. In an action for modification of a child support order under s. 767.32 767.59 or an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3), the court may order either or both parents of the child to seek employment or participate in an employment or training program.

SB123, s. 108 Section 108. 767.254 of the statutes is renumbered 767.55 (4), and 767.55 (4) (a) (intro.) and 4. and (b) (intro.), as renumbered, are amended to read:

SB123,60,6 767.55 (4) (a) (intro.) In this section subsection, "unemployed teenage parent" means a parent who satisfies all of the following criteria:

SB123,60,8 4. Would be ordered to make payments for the support of a child but for par. (c) subd. 3.

SB123,60,13 (b) (intro.) In an action for revision of a judgment or order providing for child support under s. 767.32 767.59 or an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) 767.511 (1), 767.805 (4), or 767.89 (3), the court shall order an unemployed teenage parent to do one or more of the following:

SB123, s. 109 Section 109 . 767.255 of the statutes is renumbered 767.61, and 767.61 (1) and (3) (i), as renumbered, are amended to read:

SB123,60,24 767.61 (1) Division required. Upon every judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.02 767.001 (1) (h), the court shall divide the property of the parties and divest and transfer the title of any such property accordingly. A certified copy of the portion of the judgment that affects title to real estate shall be recorded in the office of the register of deeds of the county in which the lands so affected are situated. The court may protect and promote the best interests of the children by setting aside a portion of the property of the parties in a separate fund or trust for the support, maintenance, education and general welfare of any minor children of the parties.

Note: 1. The language stricken from the first sentence, and the stricken second sentence, are relocated, with revisions, into new subs. (5) (a) and (6). See Sec. 232 of this bill.

2. The last sentence is relocated to new sub. (4). See Sec. 232 of this bill.

SB123,61,4 (3) (i) The amount and duration of an order under s. 767.26 767.56 granting maintenance payments to either party, any order for periodic family support payments under s. 767.261 767.531 and whether the property division is in lieu of such payments.

SB123, s. 110 Section 110. 767.26 of the statutes is renumbered 767.56, and 767.56 (intro.), (3) and (8), as renumbered, are amended to read:

SB123,61,11 767.56 Maintenance payments. (intro.) Upon every a judgment of annulment, divorce, or legal separation, or in rendering a judgment in an action under s. 767.02 767.001 (1) (g) or (j), the court may grant an order requiring maintenance payments to either party for a limited or indefinite length of time after considering:

SB123,61,12 (3) The division of property made under s. 767.255 767.61.

SB123,61,18 (8) Any mutual agreement made by the parties before or during the marriage, according to the terms of which one party has made financial or service contributions to the other with the expectation of reciprocation or other compensation in the future, where such if the repayment has not been made, or any mutual agreement made by the parties before or during the marriage concerning any arrangement for the financial support of the parties.

SB123, s. 111 Section 111. 767.261 of the statutes is renumbered 767.531, and 767.531 (intro.), as renumbered, is amended to read:

SB123,62,9 767.531 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 767.511 and maintenance payment orders under s. 767.26 767.56. A party ordered to pay family support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.29 767.57. Except as provided in s. 767.29 767.57 (1m), the department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

SB123, s. 112 Section 112. 767.262 of the statutes is renumbered 767.241, and 767.241 (title), as renumbered, is amended to read:

SB123,62,12 767.241 (title) Award of attorney fees and other fees and costs.

SB123, s. 113 Section 113. 767.263 of the statutes is renumbered 767.58, and 767.58 (title) and (1), as renumbered, are amended to read:

SB123,63,5 767.58 (title) Notice of change of employer, change of address, and change in ability to pay; other information. (1) Support or maintenance order; notice requirements. 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 affecting 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. 767.32 767.59 or an annual adjustment of the child or family support amount under s. 767.33 767.553 is sought. An order under this subsection is enforceable under ch. 785.

Note: Clarifies that an order under the provision is enforceable by contempt proceedings.

SB123, s. 114 Section 114. 767.264 (title) of the statutes is created to read:

SB123,63,8 767.264 (title) Dismissal; vacation; substitution or withdrawal of attorney.

SB123, s. 115 Section 115. 767.265 (title) of the statutes is repealed.

SB123, s. 116 Section 116. 767.265 (1) of the statutes is renumbered 767.75 (1) (b) and amended to read:

SB123,63,22 767.75 (1) (b) Each "Payment order" means an order for child support under this chapter, for maintenance payments under s. 767.23 767.225 or 767.26 767.56, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) 767.805 (4) or 767.89 (3), for support by a spouse under s. 767.02 767.001 (1) (f), or for maintenance payments under s. 767.02 (1) (g), each 767.001 (1) (g); an order for or obligation to pay the annual receiving and disbursing fee under s. 767.29 (1) (d), each 767.57 (1e) (a); an order for a revision in a judgment or order with respect to child support, maintenance, or family support payments under s. 767.32, each 767.59; a stipulation approved by the court or a circuit court commissioner for child support under this chapter,; and each an order for child or spousal support entered under s. 948.22 (7).

SB123,64,9 (1f) Payment order as assignment of income. A payment order constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in installments, 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).

SB123, s. 117 Section 117. 767.265 (1m) to (7m) of the statutes are renumbered 767.75 (1m) to (7m), and 767.75 (1m), (2h), (2m) (a) 1. and 2. and (b), (2r), (3h), (4) and (6), as renumbered, are amended to read:

SB123,64,19 767.75 (1m) Obligation continuing. If a party's current obligation to pay maintenance, child support, spousal support, or family support terminates but the party has an arrearage in the payment of one or more of those payments or in the payment of the annual receiving and disbursing fee, any assignment under sub. (1) shall continue (1f) continues 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.

SB123,65,13 (2h) Delayed withholding; failure to pay. If a court-ordered assignment, including the assignment specified under sub. (1) (1f) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support, family support, or annual receiving and disbursing fee payment within 10 days after its due date, within 20 days after the payment's due date the court, circuit court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period after the notice is mailed, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or circuit court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of receipt of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or circuit court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a circuit court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

Note: Clarifies when the 10-day period commences for the payer to request a hearing and for the court to hold a hearing.

SB123,65,18 (2m) (a) 1. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 1m. 767.57 (1e) (b) 1m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the department or its designee.

SB123,65,23 2. An obligation to pay unpaid fees under s. 767.29 (1) (dm) 2m. 767.57 (1e) (b) 2m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the clerk of court to whom the fees are owed, or to his or her successor.

SB123,66,14 (b) The county child support agency under s. 59.53 (5) may cause an assignment under par. (a) to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and sending a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period after the notice is mailed, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or circuit court commissioner shall hold a hearing requested under this paragraph within 10 working days after the date of receipt of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or circuit court commissioner may direct that the assignment be withdrawn. The payer or the county child support agency may, within 15 working days after the date of a decision by a circuit court commissioner under this paragraph, seek review of the decision by the court with jurisdiction over the action.

Note: Clarifies when the 10-day period commences for the payer to request a hearing and for the court to hold a hearing.

SB123,67,7 (2r) Notice of assignment to income source. Upon entry of each order for child support, maintenance, family support, support by a spouse, or the annual receiving and disbursing fee, and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 767.76 applies, the court, circuit court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, circuit court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment, or a copy of that part of the court order directing payment.

SB123,67,23 (3h) Duties of person receiving assignment notice. A person who receives notice of assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the department or its designee, whichever is appropriate, or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider, or plan. With each payment sent to the department or its designee, the person from whom the payer receives money shall report to the department or its designee the payer's gross income or other gross amount from which the payment was withheld. Except as provided in sub. (3m), for each payment sent to the department or its designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. Section 241.09 does not apply to assignments under this section.

SB123,68,3 (4) Assignment priority. A withholding assignment or order under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) has priority over any other assignment, garnishment, or similar legal process under state law.

SB123,68,12 (6) Failure to comply with assignment obligations. (a) Except as provided in sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the department or its designee or the appropriate health care insurer, provider, or plan as provided in this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3), the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

SB123,68,18 (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) fails to notify the department or its designee, whichever is appropriate, within 10 days after an employee is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

SB123,69,2 (c) No employer may use an assignment under this section or s. 767.23 (1) (L) or 767.25 (4m) (c) 767.225 (1) (L) or 767.513 (3) as a basis for the denial of employment to a person, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Except as provided in this paragraph, restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department for enforcement of this paragraph.

SB123, s. 118 Section 118. 767.265 (8) of the statutes is renumbered 767.75 (1) (intro.) and amended to read:

SB123,69,5 767.75 (1) Definitions. (intro.) In this section, "employer":

SB123,69,6 (a) "Employer" includes the state and its political subdivisions.

SB123, s. 119 Section 119. 767.266 of the statutes is renumbered 767.375.

SB123, s. 120 Section 120 . 767.267 of the statutes is renumbered 767.76, and 767.76 (1) and (5), as renumbered, are amended to read: