AB380: Bill Text

1999 - 2000 LEGISLATURE

1999 Assembly BILL 380

June 10, 1999 - Introduced by Representative Huebsch, cosponsored by Senator George, by request of Director of State Courts. Referred to Committee on Judiciary and Personal Privacy.

AB380,4,5 An Act to repeal 48.065 (title), 48.065 (2) to (4), 753.175, 757.68 (2) (title), 757.68 (3), (4) and (5) (title), 757.69 (6), 757.695, 757.72 (title), 757.72 (2), 757.72 (3), 757.72 (4), 757.72 (6), 757.72 (7), 757.72 (8), 757.81 (2), 767.13 (title), 767.13 (2) (title), 767.13 (2) (b), (3) and (4), 767.13 (5) (title) and (a) (title), 767.13 (5) (b) (title), 767.13 (5) (c) (title), 767.13 (6), 767.13 (7) (title), 767.17 and 938.065; to renumber and amend 48.065 (1), 757.68 (2), 757.68 (5), 757.69 (1) (g), 757.69 (3), 757.69 (4) and (5), 757.69 (7), 757.72 (1), 757.72 (5), 767.13 (1), 767.13 (2) (a), 767.13 (5) (a), 767.13 (5) (b), 767.13 (5) (c) and 767.13 (7); to amend 13.24 (1), 19.01 (4) (c), 20.445 (3) (cb), 40.08 (9m), 46.03 (3), 48.06 (1) (a) 2., 48.208 (4), 48.21 (1) (a), 48.21 (1) (b), 48.21 (4) (intro.), 48.21 (7), 48.213 (1) (a), 48.213 (1) (b), 48.213 (3) (intro.), 48.213 (6), 48.227 (4) (a), 48.30 (9), 48.32 (1), 48.32 (2) (a), 48.32 (6), 49.25 (8) (b), 49.852 (3), 49.854 (2) (c), 49.854 (3) (ag) 2., 49.854 (3) (ar), 49.854 (3) (b), 49.854 (5) (f), 49.854 (6) (c), 49.854 (7) (c), 49.854 (7m), 49.855 (3), 49.855 (4m) (b), 49.856 (4), 49.857 (2) (c) 1., 49.857 (3) (ac), 49.857 (3) (ar), 49.858 (3), 51.10 (4m) (d), 51.20 (1) (c), 51.45 (12) (b) (intro.), 51.45 (12) (c) (intro.), 51.45 (12) (c) 1., 51.45 (13) (dm), 59.37, 59.53 (5) (a), 59.53 (5m) (a), 59.64 (1) (c) (title), 1. (intro.) and 2., 59.64 (1) (d) (intro.), 59.64 (1) (d) 1. (intro.), 59.64 (1) (e), 59.64 (1) (f), 59.64 (1) (g) 4., 59.79 (5), 63.03 (2) (z), 69.15 (3m) (a) 3. and 4., 75.43, 101.02 (5) (c), 103.005 (5) (c), 133.10 (1), 133.11 (1), 133.11 (3), 171.04 (1), 171.04 (2), 171.04 (3), 171.05, 171.06, 196.24 (2), 563.71 (1) (a), 563.71 (1) (c), 757.24, 757.30 (2), 757.68 (title), 757.69 (title), 757.69 (1) (b), 757.69 (1) (j), 757.69 (1) (m), 757.69 (2) (intro.), 757.69 (2) (a), 757.70 (2), 757.81 (6), 757.85 (1) (a), 757.85 (1) (b), 757.85 (3), 757.85 (4), 757.85 (5), 757.87 (1), 757.89, 757.93 (1) (a), 757.93 (1) (b), 757.93 (2), 757.93 (4) (a), 757.95, 757.99, 765.11 (1), 765.11 (2), 765.16 (5), 767.045 (1) (c) (intro.), 767.081 (title), 767.081 (1), 767.081 (2) (a) (intro.), 767.081 (2) (b), 767.083 (2), 767.085 (1) (i), 767.085 (1) (j) (intro.), 767.085 (3), 767.087 (1) (b), 767.087 (1) (c), 767.087 (2), 767.11 (1) (c), 767.11 (5) (a), 767.11 (5) (b), 767.11 (5) (c), 767.11 (6), 767.11 (7), 767.11 (13), 767.115 (1) (a), 767.115 (1) (b), 767.115 (1m), 767.115 (2), 767.12 (1), 767.125, 767.14, 767.145 (1), 767.15 (1), 767.16, 767.23 (1) (intro.), 767.23 (1) (a), 767.23 (1) (am), 767.23 (1m), 767.23 (1n), 767.25 (4m) (f) 2., 767.265 (1), 767.265 (2h), 767.265 (2r), 767.267 (1), 767.267 (5), 767.27 (2), 767.29 (title), 767.29 (1) (c), 767.29 (1) (d) (intro.), 767.29 (1) (d) 2., 767.29 (1) (e), 767.29 (1m) (b), 767.29 (3) (a), 767.29 (3) (b), 767.293 (1), 767.293 (2), 767.293 (3), 767.32 (1) (a), 767.327 (2) (c), 767.33 (2), 767.37 (1) (a), 767.37 (2), 767.45 (5) (b), 767.455 (5), 767.458 (1m), 767.46 (1), 767.463, 767.465 (2) (a), 767.51 (3m) (f) 2., 767.62 (2) (b), 767.62 (3) (b), 767.62 (4) (a), 767.62 (4) (b) 2., 767.62 (4) (b) 3. a., 767.62 (4) (b) 3. b., 767.62 (4) (b) 4. (intro.), 767.62 (4) (b) 4. c., 767.62 (4) (b) 5. a., 767.62 (4) (b) 6. b., 767.62 (4) (d) 1., 767.62 (4) (d) 2., 767.62 (4) (e) (intro.), 767.62 (4) (e) 14., 767.62 (4) (f), 769.102, 769.302, 782.01 (3), 782.03, 782.28, 799.03, 799.05 (7) (intro.), 799.06 (1), 799.11 (3), 799.20 (4), 799.206 (1), (2) and (4), 799.207 (title), 799.207 (1) (a), 799.207 (1) (b), 799.207 (1) (e), 799.207 (2) (intro.), 799.207 (3) (b), 799.209 (1) to (4), 799.21 (3) (b), 799.21 (4), 799.24 (1), 799.24 (3), 799.26 (1), 803.01 (3) (b) 1., 807.02, 807.04 (1), 807.09 (1), 812.30 (2), 813.025 (1), 813.12 (2) (a), 813.12 (2) (b), 813.12 (3) (a), 813.12 (3) (am), 813.12 (3) (c), 813.12 (3) (d), 813.12 (4) (a) (intro.), 813.12 (4) (a) 3., 813.12 (4) (am), 813.12 (4) (b), 813.12 (4m) (a) 2., 813.12 (4m) (b) (intro.), 813.12 (4m) (b) 2., 813.12 (5) (c), 813.12 (6) (a), 813.12 (7m), 813.122 (3) (a), 813.122 (3) (b) (intro.), 813.122 (3) (bm), 813.122 (4) (a) (intro.), 813.122 (4) (a) 1., 813.122 (4) (a) 2., 813.122 (5m) (a) 2., 813.122 (5m) (b) (intro.), 813.122 (5m) (b) 2., 813.122 (9) (a), 813.123 (3) (a), 813.123 (3) (b) (intro.), 813.123 (4) (a), 813.123 (8) (a), 813.125 (3) (a) (intro.), 813.125 (3) (a) 2., 813.125 (3) (c), 813.125 (4) (a) (intro.), 813.125 (4) (a) 2., 813.125 (4) (a) 3., 813.125 (4m) (a), 813.125 (4m) (c) 2., 813.125 (4m) (d) (intro.), 813.125 (4m) (d) 2., 813.125 (5) (am), 814.615 (3), 814.68 (title), 814.68 (1) (intro.), 814.68 (1) (a), 814.68 (1) (b) (intro.), 814.68 (1) (b) 1., 814.68 (2)., 816.03 (1) (b), 816.035 (1) and (2), 818.02 (6), 879.61, 885.10, 885.12, 887.26 (7), 898.02, 898.04, 898.11, 906.15 (1), 906.15 (2) (d), 906.15 (3), 911.01 (1), 938.06 (1) (a) 2., 938.208 (4), 938.21 (1) (a), 938.21 (1) (b), 938.21 (2) (c), 938.21 (4) (intro.), 938.21 (4m), 938.21 (7), 938.24 (5), 938.245 (3), 938.30 (9), 938.32 (1) (a), 938.32 (1d), 938.32 (1g) (intro.), 938.32 (1m) (intro.) and (a), 938.32 (1t) (a) 1., 938.32 (1t) (a) 1m., 938.32 (1t) (a) 3., 938.32 (1v), 938.32 (1x), 938.32 (2) (a), 938.32 (6), 940.203 (1) (b), 943.013 (1) (b), 946.495, 967.07, 971.20 (3) (a), 973.20 (13) (c) 4., 977.05 (6) (b) 2., 979.05 (1), 979.05 (4), 979.05 (5), 979.05 (6), 979.06 (1), 979.06 (2), 979.06 (3), 979.06 (4) (intro.), 979.06 (5), 979.08 (1), 979.08 (3) (intro.), 979.08 (6), 979.08 (7) and 979.09; to repeal and recreate 17.16 (1), 757.68 (1), 757.69 (1) (intro.), 757.69 (1) (k), 979.05 (2) and 979.05 (3); and to create 757.001, 757.01 (4), 757.675 (title), 757.68 (5m), 757.68 (6), 757.68 (7), 757.69 (1) (g) 8. to 13., 757.69 (1m), 757.69 (2m) and 757.69 (8) of the statutes; relating to: powers, responsibilities and appointment of court commissioners.

Analysis by the Legislative Reference Bureau

Current law establishes the powers and duties of family, juvenile, probate and part-time court commissioners. In addition, current law establishes how these court commissioners are appointed, who determines how many court commissioners shall be appointed and whether they are classified or unclassified within their respective counties. Currently, some of the powers of each of the different court commissioners are specified in the statutes related to their subject area, such as juvenile court commissioners' duties in chapter 48 and 938 of the statutes. Other duties of these court commissioners are specified in the general court statutes.

In supreme court order 97-10, the supreme court created chapter 75 of the supreme court rules. Those rules, effective January 1, 1999, create two types of court commissioners, circuit court commissioners (formerly included family, juvenile, small claims and probate court commissioners) and supplemental court commissioners (formerly part-time court commissioners). Under these rules, all circuit commissioners are appointed by the chief judge of their judicial administrative district. The powers of those circuit court commissioners are as specified by statute, except that the chief judge may, under the rules, authorize the powers that a specific circuit court commissioner may perform. Chapter 75 of the supreme court rules also authorizes the chief judge to allow a supplemental court commissioner to perform specific duties of a circuit court commissioner on a temporary basis.

This bill consolidates all of the powers and duties of court commissioners into one chapter of the statutes and codifies chapter 75 of the supreme court rules related to the appointment and authority of court commissioners. The bill creates two types of court commissioners, circuit court commissioners and supplemental court commissioners, and gives the chief judge of the judicial administrative district the power to appoint the circuit court commissioners. The bill does not change any of the powers and duties currently provided to court commissioners, but does specify that circuit court commissioners have, in addition to their own specified powers and duties, all of those powers and duties provided to supplemental court commissioners, as court commissioners have under current law.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB380, s. 1 Section 1. 13.24 (1) of the statutes is amended to read:

AB380,5,8 13.24 (1) After the service of the notice required by s. 13.23 either party may proceed to take the depositions of witnesses before any judge, circuit or supplemental court commissioner or a municipal judge in the district where the contest is pending, upon giving 10 days' notice in writing to the opposite party of the time and place at which and the officer before whom such depositions will be taken. No deposition shall be taken after the last Monday preceding the day fixed by law for the meeting of the legislature, except in case of sickness or unavoidable absence of witnesses.

AB380, s. 2 Section 2. 17.16 (1) of the statutes is repealed and recreated to read:

AB380,5,13 17.16 (1) Removals from office at pleasure shall be made by order, a copy of which shall be filed as provided by sub. (8), except that a copy of the order of removal of a circuit court commissioner shall be filed in the office of the clerk of the circuit court.

AB380, s. 3 Section 3. 19.01 (4) (c) of the statutes is amended to read:

AB380,5,18 19.01 (4) (c) In the office of the clerk of the circuit court for any county: Of all circuit and supplemental court commissioners, of all family court commissioners, of all municipal judges, and of all other judges or judicial officers elected or appointed for that county, or whose jurisdiction is limited thereto;

AB380, s. 4 Section 4. 20.445 (3) (cb) of the statutes is amended to read:

AB380,6,4 20.445 (3) (cb) Child support collection—county administration. The amounts in the schedule for the county child support order revision programs under s. 49.23 (1), for state incentive payments under s. 49.23 (2), for assistance to counties in establishing paternity and obtaining child support and for payments to Milwaukee County under s. 49.25 (8) (b) to fund an additional family circuit court commissioner to assist in matters affecting the family.

AB380, s. 5 Section 5. 40.08 (9m) of the statutes is amended to read:

AB380,6,12 40.08 (9m) Guardians. An application for a benefit, a designation of a beneficiary or any other document which has a long-term effect on a person's rights and benefits under this chapter and which requires a signature may be signed and filed by a guardian of the estate when accompanied by a photocopy or facsimile of an order of guardianship issued by a circuit court judge or a register in probate or a probate circuit court commissioner who is assigned the authority to issue such orders under s. 757.72 (2) or (5) 851.73 (1) (g).

AB380, s. 6 Section 6. 46.03 (3) of the statutes is amended to read:

AB380,6,19 46.03 (3) Trustee duty. Take and hold in trust, whenever it considers acceptance advantageous, all property transferred to the state to be applied to any specified purpose, use or benefit pertaining to any of the institutions under its control or the inmates thereof, and apply the same in accordance with the trust; and when ordered by the court, act as trustee of funds paid for the support of any child if appointed by the court or family a circuit court commissioner under s. 767.475 (7).

AB380, s. 7 Section 7. 48.06 (1) (a) 2. of the statutes is amended to read:

AB380,7,2 48.06 (1) (a) 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for child welfare matters under this chapter and the department shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 48.065 (1).

AB380, s. 8 Section 8. 48.065 (title) of the statutes is repealed.

AB380, s. 9 Section 9. 48.065 (1) of the statutes is renumbered 757.68 (3m) and amended to read:

AB380,7,16 757.68 (3m) The board of supervisors of any county may authorize the chief judge of the judicial administrative district to appoint establish one or more circuit court commissioner positions on a part-time or full-time juvenile court commissioners who basis to assist in matters affecting juveniles. A circuit court commissioner under this subsection shall serve at the discretion of the chief judge. A juvenile court commissioner shall be licensed to practice law in this state and shall have been so licensed for at least 2 years immediately prior to appointment and shall have a demonstrated interest in the welfare of children and unborn children. The chief judge may assign law clerks, bailiffs and deputies to the court commissioner. The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and deputies, except that the chief judge may delegate any of those duties.

AB380, s. 10 Section 10. 48.065 (2) to (4) of the statutes are repealed.

AB380, s. 11 Section 11. 48.208 (4) of the statutes is amended to read:

AB380,7,22 48.208 (4) Probable cause exists to believe that the child, having been placed in nonsecure custody by an intake worker under s. 48.207 (1) or by the judge or juvenile a circuit court commissioner under s. 48.21 (4), has run away or committed a delinquent act and no other suitable alternative exists.

AB380, s. 12 Section 12. 48.21 (1) (a) of the statutes is amended to read:

AB380,8,11 48.21 (1) (a) If a child who has been taken into custody is not released under s. 48.20, a hearing to determine whether the child shall continue to be held in custody under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile a circuit court commissioner within 48 hours of the time the decision to hold the child was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed where a child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the child is a runaway from another state, in which case a written statement of the reasons for holding a child in custody shall be substituted if the petition is not filed. If no hearing has been held within 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the child shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request.

AB380, s. 13 Section 13. 48.21 (1) (b) of the statutes is amended to read:

AB380,9,8 48.21 (1) (b) If no petition has been filed by the time of the hearing, a child may be held in custody with approval of the judge or juvenile circuit court commissioner for an additional 72 hours from the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile circuit court commissioner determines that probable cause exists to believe that the child is an imminent danger to himself or herself or to others, that probable cause exists to believe that the parent, guardian or legal custodian of the child or other responsible adult is neglecting, refusing, unable or unavailable to provide adequate supervision and care or, if the child is an expectant mother who was taken into custody under s. 48.19 (1) (cm) or (d) 8., that probable cause exists to believe that there is a substantial risk that if the child expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the child expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the child expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or juvenile circuit court commissioner shall order the child's immediate release from custody.

AB380, s. 14 Section 14. 48.21 (4) (intro.) of the statutes is amended to read:

AB380,9,12 48.21 (4) Continuation of custody. (intro.) If the judge or juvenile circuit court commissioner finds that the child should be continued in custody under the criteria of s. 48.205, he or she shall enter one of the following orders:

AB380, s. 15 Section 15. 48.21 (7) of the statutes is amended to read:

AB380,9,20 48.21 (7) Informal disposition. If the judge or juvenile circuit court commissioner determines that the best interests of the child and the public are served or, in the case of a child expectant mother who has been taken into custody under s. 48.19 (1) (cm) or (d) 8., that the best interests of the unborn child and the public are served, he or she may enter a consent decree under s. 48.32 or order the petition dismissed and refer the matter to the intake worker for informal disposition in accordance with s. 48.245.

AB380, s. 16 Section 16. 48.213 (1) (a) of the statutes is amended to read:

AB380,9,25 48.213 (1) (a) If an adult expectant mother of an unborn child who has been taken into custody is not released under s. 48.203, a hearing to determine whether the adult expectant mother shall continue to be held in custody under the criteria of s. 48.205 (1m) shall be conducted by the judge or juvenile a circuit court commissioner within 48 hours after the time that the decision to hold the adult expectant mother was made, excluding Saturdays, Sundays and legal holidays. By the time of the hearing a petition under s. 48.25 shall be filed, except that no petition need be filed when an adult expectant mother is taken into custody under s. 48.193 (1) (b) or (d) 1. or 3., in which case a written statement of the reasons for holding the adult expectant mother in custody shall be substituted if the petition is not filed. If no hearing has been held within those 48 hours, excluding Saturdays, Sundays and legal holidays, or if no petition or statement has been filed at the time of the hearing, the adult expectant mother shall be released except as provided in par. (b).

AB380, s. 17 Section 17. 48.213 (1) (b) of the statutes is amended to read:

AB380,11,2 48.213 (1) (b) If no petition has been filed by the time of the hearing, an adult expectant mother of an unborn child may be held in custody with the approval of the judge or juvenile circuit court commissioner for an additional 72 hours after the time of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result of the facts brought forth at the hearing, the judge or juvenile circuit court commissioner determines that probable cause exists to believe that there is a substantial risk that if the adult expectant mother is not held, the physical health of the unborn child, and of the child when born, will be seriously affected or endangered by the adult expectant mother's habitual lack of self-control in the use of alcohol beverages, controlled substances or controlled substance analogs, exhibited to a severe degree, and to believe that the adult expectant mother is refusing or has refused to accept any alcohol or other drug abuse services offered to her or is not making or has not made a good faith effort to participate in any alcohol or other drug abuse services offered to her. The extension may be granted only once for any petition. In the event of failure to file a petition within the extension period provided for in this paragraph, the judge or juvenile circuit court commissioner shall order the adult expectant mother's immediate release from custody.

AB380, s. 18 Section 18. 48.213 (3) (intro.) of the statutes is amended to read:

AB380,11,7 48.213 (3) Continuation of custody. (intro.) If the judge or juvenile circuit court commissioner finds that the adult expectant mother should be continued in custody under the criteria of s. 48.205 (1m), the judge or juvenile circuit court commissioner shall enter one of the following orders:

AB380, s. 19 Section 19. 48.213 (6) of the statutes is amended to read:

AB380,11,13 48.213 (6) Informal disposition. If the judge or juvenile circuit court commissioner determines that the best interests of the unborn child and the public are served, the judge or juvenile circuit court commissioner may enter a consent decree under s. 48.32 or order the petition dismissed and refer the matter to the intake worker for informal disposition in accordance with s. 48.245.

AB380, s. 20 Section 20. 48.227 (4) (a) of the statutes is amended to read:

AB380,11,21 48.227 (4) (a) If the child's parent, guardian or legal custodian does not consent to the temporary care and housing of the child at the runaway home as provided under sub. (2) or (3), a hearing shall be held on the issue by the judge or juvenile a circuit court commissioner within 24 hours of the time that the child entered the runaway home, excluding Saturdays, Sundays and legal holidays. The intake worker shall notify the child and the child's parent, guardian or legal custodian of the time, place and purpose of the hearing.

AB380, s. 21 Section 21. 48.30 (9) of the statutes is amended to read:

AB380,12,2 48.30 (9) If a circuit court commissioner conducts the plea hearing and accepts an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the judge shall review the admission at the beginning of the dispositional hearing by addressing the parties and making the inquiries set forth in sub. (8).

AB380, s. 22 Section 22. 48.32 (1) of the statutes is amended to read:

AB380,12,18 48.32 (1) At any time after the filing of a petition for a proceeding relating to s. 48.13 or 48.133 and before the entry of judgment, the judge or juvenile a circuit court commissioner may suspend the proceedings and place the child or expectant mother under supervision in the home or present placement of the child or expectant mother. The court may establish terms and conditions applicable to the child and the child's parent, guardian or legal custodian, to the child expectant mother and her parent, guardian or legal custodian or to the adult expectant mother. The order under this section shall be known as a consent decree and must be agreed to by the child if 12 years of age or older, the parent, guardian or legal custodian, and the person filing the petition under s. 48.25; by the child expectant mother, her parent, guardian or legal custodian, the unborn child by the unborn child's guardian ad litem and the person filing the petition under s. 48.25; or by the adult expectant mother, the unborn child by the unborn child's guardian ad litem and the person filing the petition under s. 48.25. The consent decree shall be reduced to writing and given to the parties.

AB380, s. 23 Section 23. 48.32 (2) (a) of the statutes is amended to read:

AB380,12,22 48.32 (2) (a) A consent decree shall remain in effect up to 6 months unless the child, parent, guardian, legal custodian or expectant mother is discharged sooner by the judge or juvenile circuit court commissioner.

AB380, s. 24 Section 24. 48.32 (6) of the statutes is amended to read:

AB380,13,4 48.32 (6) The judge or juvenile circuit court commissioner shall inform the child and the child's parent, guardian or legal custodian, or the adult expectant mother, in writing, of the right of the child or expectant mother to object to the continuation of the consent decree under sub. (3) and the fact that the hearing under which the child or expectant mother was placed on supervision may be continued to conclusion as if the consent decree had never been entered.

AB380, s. 25 Section 25. 49.25 (8) (b) of the statutes is amended to read:

AB380,13,8 49.25 (8) (b) From the appropriation under s. 20.445 (3) (cb), the department shall provide funds to Milwaukee county to fund an additional family circuit court commissioner to assist in matters affecting the family.

AB380, s. 26 Section 26. 49.852 (3) of the statutes is amended to read:

AB380,14,2 49.852 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. The court shall schedule a hearing within 10 business days after receiving a request for a hearing. The family A circuit court commissioner may conduct the hearing. If the court determines that the person owes the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may not direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.

AB380, s. 27 Section 27. 49.854 (2) (c) of the statutes is amended to read:

AB380,14,8 49.854 (2) (c) Updating the statewide support lien docket. The department shall update the statewide support lien docket in response to orders issued by a court or family circuit court commissioner. The department shall periodically update the statewide support lien docket to reflect changes in the amounts of the liens contained in the docket.

AB380, s. 28 Section 28. 49.854 (3) (ag) 2. of the statutes is amended to read:

AB380,14,21 49.854 (3) (ag) 2. If the obligor disagrees with the determination of the department, the obligor may request a hearing with the court or a family circuit court commissioner to review the department's determination. To request a hearing under this subdivision, the obligor shall make the request within 5 business days of the date of the department's determination under subd. 1. The obligor shall make the request in writing and shall mail or deliver a copy of the request to the county child support agency. If a timely request for a hearing is made under this subdivision, the court or family circuit court commissioner shall hold the hearing within 15 business days of the request. If, at the hearing, the obligor establishes that the lien is not proper because of a mistake of fact, the court or family circuit court commissioner shall order the department to remove the lien from the statewide support lien docket or adjust the amount of the delinquent obligation.

AB380, s. 29 Section 29. 49.854 (3) (ar) of the statutes is amended to read:

AB380,15,7 49.854 (3) (ar) Direct appeal. If the obligor has not requested a financial records and court order review under par. (ag), the obligor may request a hearing under this paragraph within 20 business days of the date of the notice under par. (a). The obligor shall make the request in writing and shall mail or deliver a copy of the request to the county child support agency. If a timely request for a hearing is made under this paragraph, the court or family circuit court commissioner shall schedule a hearing within 10 days after the date of the request. If, at the hearing, the obligor establishes that the lien is not proper because of a mistake of fact, the court or family circuit court commissioner shall order the department to remove the lien from the statewide support lien docket or adjust the amount of the delinquent obligation.

AB380, s. 30 Section 30. 49.854 (3) (b) of the statutes is amended to read:

AB380,15,16 49.854 (3) (b) Appeal. If a family circuit court commissioner conducts a hearing under par. (ag) or (ar), the department or the obligor may, within 15 business days after the date of the decision by the family circuit court commissioner, request review of the decision by the court having jurisdiction over the action. The court conducting the review may order that the lien be withdrawn from the statewide support lien dockets or may order an adjustment of the amount of the delinquent obligation. If no appeal is sought or if the court does not order the withdrawal of the lien, the department may take appropriate actions to enforce the lien.

AB380, s. 31 Section 31. 49.854 (5) (f) of the statutes is amended to read:

AB380,16,13 49.854 (5) (f) Hearings. A hearing requested under par. (d) 6. shall be conducted before the circuit court rendering the order to pay support. Within 45 business days after receiving a request for hearing under par. (d) 6., the court shall conduct the hearing. The family A circuit court commissioner may conduct the hearing. The hearing shall be limited to a review of whether the account holder owes the amount of support certified and whether any alternative payment arrangement offered by the department or the county child support agency is reasonable. If the court or family circuit court commissioner makes a written determination that an alternative payment arrangement offered by the department or county child support agency is not reasonable, the court or family circuit court commissioner may order an alternative payment arrangement. If the court or family circuit court commissioner orders an alternative payment arrangement, the court or family circuit court commissioner shall order the department to release all or a portion of the funds. If the court or family circuit court commissioner determines that the account holder does not owe support or owes less than the amount claimed by the department, the court shall order the department to return the seized funds or the excess of the seized funds over the amount of the delinquency to the account holder. If a family circuit court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action.

AB380, s. 32 Section 32. 49.854 (6) (c) of the statutes is amended to read:

AB380,17,15 49.854 (6) (c) Hearing. If a hearing is requested under par. (b) 4., the court or family circuit court commissioner shall schedule a hearing within 10 business days after receiving the request under par. (b) 4. The hearing shall be limited to a review of whether the obligor owes the amount of support owed that is stated in the notice of seizure and whether any alternative payment arrangement offered by the department or the county child support agency is reasonable. If the court or family circuit court commissioner makes a written determination that an alternative payment arrangement offered by the department or county child support agency is not reasonable, the court or family circuit court commissioner may order an alternative payment arrangement. If the court or family circuit court commissioner orders an alternative payment arrangement, the court or family circuit court commissioner shall order the department to return the seized property within 15 business days. If the court or family circuit court commissioner determines that the obligor does not owe support or owes less than the amount claimed by the department, the court shall order the department to return the seized property within 15 business days or specify the amount which may be retained by the department after the sale of the seized property. If a family circuit court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action. The court reviewing the decision may order the department to return the seized property or may authorize the sale of the property by the department. If the department is ordered to return seized property under this paragraph, the court shall instruct any state agency responsible for titling the property that it may transfer title to the property without receiving instructions from a court or the department under par. (a).

AB380, s. 33 Section 33. 49.854 (7) (c) of the statutes is amended to read:

AB380,18,13 49.854 (7) (c) Hearing. If a hearing is requested under par. (b) 1. c., the court or family circuit court commissioner shall schedule a hearing within 10 business days after receiving the request under par. (b) 1. c. The hearing shall be limited to a review of whether the obligor owes the amount of support owed that is stated in the notice of intent under par. (b) and whether any alternative payment arrangement offered by the department or the county child support agency is reasonable. If the court or family circuit court commissioner makes a written determination that an alternative payment arrangement offered by the department or county child support agency is not reasonable, the court or family circuit court commissioner may order an alternative payment arrangement. If the court or family circuit court commissioner orders an alternative payment arrangement, the court or family circuit court commissioner shall order the department not to proceed with the levy. If the court or family circuit court commissioner determines that the obligor does not owe support or owes less than the amount claimed by the department, the court shall order the department not to proceed with the levy or specify the amount that may be retained by the department after the sale of the seized property. If a family circuit court commissioner conducts the hearing under this paragraph, the department or the obligor may, within 15 business days after the date that the family circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action. The court reviewing the decision may order the department not to proceed with the levy of the property or may authorize the sale of the property by the department.

AB380, s. 34 Section 34. 49.854 (7m) of the statutes is amended to read:

AB380,19,11 49.854 (7m) Jointly held property. A person, other than the obligor, who holds a joint interest in property levied against under this section may request a hearing, as provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion of the value of the property that is attributable to his or her net contribution to the property. If a hearing is requested under this subsection, the court or family circuit court commissioner shall schedule a hearing within 10 days after receiving the request. The hearing shall be limited to determining the proportion of the value of the property that is attributable to the person's net contribution to the property. If more than one person requests a hearing under this subsection, or if the obligor requests a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same property, the court or family circuit court commissioner may schedule the hearings together. The person requesting the hearing shall have the burden of proving his or her net contribution by clear and convincing evidence. If the court determines that a portion of the jointly held property is attributable to the contributions of the person, the court shall direct the department or the county child support agency to pay the person, from the net balance of the jointly held account or the net proceeds of the sale of the jointly held real or personal property, the proportion of the gross value of the account or real or personal property that is attributable to that person. If the family a circuit court commissioner conducts the hearing under this subsection, the person may, within 15 business days after the date that the family circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the action.

AB380, s. 35 Section 35. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act 237, section 210, is amended to read:

AB380,20,9 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family a circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. The family A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

AB380, s. 36 Section 36. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin Act 237, section 212, is amended to read:

AB380,21,10 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m) or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46, 108 or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46, 108 or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family A circuit court commissioner may conduct the hearing. Pending further order by the court or family circuit court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

AB380, s. 37 Section 37. 49.856 (4) of the statutes is amended to read:

AB380,21,16 49.856 (4) If the obligor requests a hearing under sub. (3) (b), the circuit court shall schedule a hearing within 10 business days after receiving the request. The only issue at the hearing shall be whether the person owes the delinquent payment or outstanding amount specified in the statewide support lien docket under s. 49.854 (2) (b). A family circuit court commissioner may conduct the hearing.

AB380, s. 38 Section 38. 49.857 (2) (c) 1. of the statutes is amended to read: