SB45-SSA1-SA1,448,12 767.265 (6) (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L), or 767.25 (4m) (c), 767.51 (3m) (c) or 767.62 (4) (b) 3. fails to notify the department or its designee, whichever is appropriate, within 10 days after an employe 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.

SB45-SSA1-SA1, s. 3061cg Section 3061cg. 767.265 (6) (c) of the statutes is amended to read:

SB45-SSA1-SA1,448,22 767.265 (6) (c) No employer may use an assignment under this section or s. 767.23 (1) (L), or 767.25 (4m) (c) , 767.51 (3m) (c) or 767.62 (4) (b) 3. as a basis for the denial of employment to a person, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe 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.

SB45-SSA1-SA1, s. 3061ch Section 3061ch. 767.267 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB45-SSA1-SA1,449,19 767.267 (1) If the court or the family court commissioner determines that income withholding under s. 767.265 is inapplicable, ineffective or insufficient to ensure payment under an order or stipulation specified in s. 767.265 (1), or that income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable, ineffective or insufficient to ensure payment of a child's health care expenses, including payment of health insurance premiums, ordered under s. 767.25 (4m) or 767.51 (3m), the court or family court commissioner may require the payer to identify or establish a deposit account, owned in whole or in part by the payer, that allows for periodic transfers of funds and to file with the financial institution at which the account is located an authorization for transfer from the account to the department or its designee, whichever is appropriate. The authorization shall be provided on a standard form approved by the court and shall specify the frequency and the amount of transfer, sufficient to meet the payer's obligation under the order or stipulation, as required by the court or family court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employe or agent of the financial institution to disclose information to the court, family court commissioner, county child support agency under s. 59.53 (5), department or department's designee regarding the account for which the payer has executed the authorization for transfer.".

SB45-SSA1-SA1,449,20 1085. Page 1415, line 19: after that line insert:

SB45-SSA1-SA1,449,21 " Section 3064m. 767.325 (4m) of the statutes is created to read:

SB45-SSA1-SA1,450,4 767.325 (4m) Denial of physical placement for killing other parent. (a) Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a party or on its own motion, a court shall modify a physical placement order by denying a parent physical placement with a 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.

SB45-SSA1-SA1,450,8 (b) Paragraph (a) does not apply if the court determines by clear and convincing evidence that physical placement with the parent would be in the best interests of the child. The court shall consider the wishes of the child in making the determination.".

SB45-SSA1-SA1,450,9 1086. Page 1415, line 19: after that line insert:

SB45-SSA1-SA1,450,11 " Section 3065c. 767.29 (1m) (intro.) of the statutes, as affected by 1997 Wisconsin Act 191, section 427, is amended to read:

SB45-SSA1-SA1,450,18 767.29 (1m) (intro.) Notwithstanding ss. 767.25 (6) , and 767.261, 767.51 (5p) and 767.62 (4) (g), if the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and that the department or its designee determines is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

SB45-SSA1-SA1, s. 3065cd Section 3065cd. 767.295 (2) (a) (intro.) of the statutes is amended to read:

SB45-SSA1-SA1,451,2 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1), 767.51 (3) or 767.62 (4) (a) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 49.36 if all of the following conditions are met:

SB45-SSA1-SA1, s. 3065ce Section 3065ce. 767.295 (2) (c) of the statutes is amended to read:

SB45-SSA1-SA1,451,15 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 49.22 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m), 767.51 (4m) or (5) or 767.62 (4) (d) 1. or (e) after the obligation to make payments ordered under this paragraph ceases.

SB45-SSA1-SA1, s. 3065cf Section 3065cf. 767.303 (1) of the statutes is amended to read:

SB45-SSA1-SA1,452,3 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.458 (3), child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 5 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

SB45-SSA1-SA1, s. 3065cg Section 3065cg. 767.303 (1) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act .... (this act), is amended to read:

SB45-SSA1-SA1,452,17 767.303 (1) If a person fails to pay a payment ordered for support under s. 767.077, support under s. 767.08, child support or family support under s. 767.23, child support under s. 767.25, family support under s. 767.261, revised child or family support under s. 767.32, child support under s. 767.458 (3), child support under s. 767.477, child support under s. 767.51, child support under s. 767.62 (4) (a), child support under ch. 769 or child support under s. 948.22 (7), the payment is 90 or more days past due and the court finds that the person has the ability to pay the amount ordered, the court may suspend the person's operating privilege, as defined in s. 340.01 (40), until the person pays all arrearages in full or makes payment arrangements that are satisfactory to the court, except that the suspension period may not exceed 2 years. If otherwise eligible, the person is eligible for an occupational license under s. 343.10 at any time.

SB45-SSA1-SA1, s. 3065ch Section 3065ch. 767.32 (1) (b) 4. of the statutes is amended to read:

SB45-SSA1-SA1,452,25 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), or 767.25 (1n) , 767.51 (5d) or 767.62 (4) (f), whichever is appropriate.

SB45-SSA1-SA1, s. 3065ci Section 3065ci. 767.32 (2m) of the statutes is amended to read:

SB45-SSA1-SA1,453,6 767.32 (2m) Upon request by a party, the court may modify the amount of revised child support payments determined under sub. (2) if, after considering the factors listed in s. 767.25 (1m), 767.51 (5) or 767.62 (4) (e), as appropriate, the court finds, by the greater weight of the credible evidence, that the use of the percentage standard is unfair to the child or to any of the parties.

SB45-SSA1-SA1, s. 3065cj Section 3065cj. 767.325 (2m) of the statutes is created to read:

SB45-SSA1-SA1,453,14 767.325 (2m) Modification of periods of physical placement for failure to exercise physical placement. Notwithstanding subs. (1) and (2), upon petition, motion or order to show cause by a party, a court may modify an order of physical placement at any time with respect to periods of physical placement if it finds that a parent has repeatedly and unreasonably failed to exercise periods of physical placement awarded under an order of physical placement that allocates specific times for the exercise of periods of physical placement.

SB45-SSA1-SA1, s. 3065ck Section 3065ck. 767.325 (5m) of the statutes is created to read:

SB45-SSA1-SA1,453,18 767.325 (5m) Factors to consider. In all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.24 (5) and shall make its determination in a manner consistent with s. 767.24.

SB45-SSA1-SA1, s. 3065cL Section 3065cL. 767.325 (6m) of the statutes is created to read: