2001 - 2002 LEGISLATURE
April 24, 2001 - Introduced by Representative Gundrum. Referred to Committee
on Judiciary.
AB354,4,5 1An Act to repeal 19.01 (4) (c) 2., 48.065 (title), 48.065 (2) to (4), 753.175, 757.68
2(2) (title), 757.68 (3), (4) and (5) (title), 757.69 (6), 757.695, 757.72 (title), 757.72
3(2), 757.72 (3), 757.72 (4), 757.72 (6), 757.72 (7), 757.72 (8), 757.81 (2), 767.13
4(title), 767.13 (2) (title), 767.13 (2) (b), (3) and (4), 767.13 (5) (title) and (a) (title),
5767.13 (5) (b) (title), 767.13 (5) (c) (title), 767.13 (6), 767.13 (7) (title), 767.17 and
6938.065; to renumber and amend 48.065 (1), 757.68 (2), 757.68 (5), 757.69 (1)
7(g), 757.69 (3), 757.69 (4) and (5), 757.69 (7), 757.72 (1), 757.72 (5), 767.13 (1),
8767.13 (2) (a), 767.13 (5) (a), 767.13 (5) (b), 767.13 (5) (c) and 767.13 (7); to
9amend
13.24 (1), 19.01 (4) (c) 1., 19.01 (4) (c) 4., 40.08 (9m), 46.03 (3), 48.06 (1)
10(a) 2., 48.208 (4), 48.21 (1) (a), 48.21 (1) (b), 48.21 (4) (intro.), 48.21 (7), 48.213
11(1) (a), 48.213 (1) (b), 48.213 (3) (intro.), 48.213 (6), 48.227 (4) (a), 48.30 (9), 48.32
12(1), 48.32 (1b), 48.32 (2) (a), 48.32 (6), 49.852 (3), 49.854 (2) (c), 49.854 (3) (ag)
132., 49.854 (3) (ar), 49.854 (3) (b), 49.854 (5) (f), 49.854 (6) (c), 49.854 (7) (c), 49.854
14(7m), 49.855 (3), 49.855 (4m) (b), 49.856 (4), 49.857 (2) (c) 1., 49.857 (3) (ac),

149.857 (3) (ar), 49.858 (3), 51.10 (4m) (d), 51.20 (1) (c), 51.45 (12) (b) (intro.),
251.45 (12) (c) (intro.), 51.45 (12) (c) 1., 51.45 (13) (dm), 59.37, 59.40 (2) (j), 59.53
3(5) (a), 59.64 (1) (c) (title), 1. (intro.) and 2., 59.64 (1) (d) (intro.), 59.64 (1) (d) 1.
4(intro.), 59.64 (1) (d) 1m. (form), 59.64 (1) (e), 59.64 (1) (f), 59.64 (1) (g) 4., 59.79
5(5), 63.03 (2) (z), 69.15 (3m) (a) 3. and 4., 75.43, 101.02 (5) (c), 103.005 (5) (c),
6133.10 (1), 133.11 (1), 133.11 (3), 171.04 (1), 171.04 (2), 171.04 (3), 171.05,
7171.06, 196.24 (2), 196.675 (3), 563.71 (1) (a), 563.71 (1) (c), 757.23, 757.24,
8757.30 (2), 757.68 (title), 757.69 (title), 757.69 (1) (b), 757.69 (1) (j), 757.69 (1)
9(m), 757.69 (2) (intro.), 757.69 (2) (a), 757.70 (2), 757.81 (6), 757.85 (1) (a), 757.85
10(1) (b), 757.85 (3), 757.85 (4), 757.85 (5), 757.87 (1), 757.89, 757.93 (1) (a), 757.93
11(1) (b), 757.93 (2), 757.93 (4) (a), 757.95, 757.99, 765.11 (1), 765.11 (2), 765.16
12(5), 767.045 (1) (c) (intro.), 767.081 (title), 767.081 (1), 767.081 (2) (a) (intro.),
13767.081 (2) (b), 767.083 (2), 767.085 (1) (i), 767.085 (1) (j) (intro.), 767.085 (3),
14767.087 (1) (b), 767.087 (1) (c), 767.087 (2), 767.11 (1) (c), 767.11 (5) (a), 767.11
15(5) (b), 767.11 (5) (c), 767.11 (6), 767.11 (7), 767.11 (13), 767.115 (1) (a), 767.115
16(1) (b), 767.115 (1m), 767.115 (2), 767.115 (4) (a), 767.115 (4) (b), 767.115 (4) (c)
172., 767.12 (1), 767.125, 767.14, 767.145 (1), 767.15 (1), 767.16, 767.23 (1) (intro.),
18767.23 (1) (a), 767.23 (1) (am), 767.23 (1m), 767.23 (1n), 767.242 (3) (b), 767.242
19(3) (c), 767.242 (5) (a), 767.242 (5) (b) (intro.), 767.242 (5) (b) 2. c., 767.242 (5)
20(c), 767.242 (5) (d), 767.242 (6) (a), 767.247, 767.25 (4m) (f) 2., 767.265 (1),
21767.265 (2h), 767.265 (2m) (b), 767.265 (2r), 767.267 (1), 767.267 (5), 767.27 (2),
22767.29 (title), 767.29 (1) (c), 767.29 (1) (d), 767.29 (1) (e), 767.29 (1m) (b), 767.29
23(3) (a), 767.29 (3) (b), 767.293 (1), 767.293 (2), 767.293 (3), 767.32 (1) (a), 767.327
24(2) (c), 767.33 (2), 767.37 (1) (a), 767.37 (2), 767.45 (5) (b), 767.455 (5) (form),
25767.458 (1m), 767.46 (1), 767.463, 767.465 (2) (a), 767.62 (2) (b), 767.62 (3) (b),

1767.62 (4) (intro.), 769.102, 769.302, 782.01 (3), 782.03, 782.28, 799.03, 799.05
2(7) (intro.), 799.06 (1), 799.11 (3), 799.20 (4), 799.206 (1), (2) and (4), 799.207
3(title), 799.207 (1) (a), 799.207 (1) (b), 799.207 (1) (e), 799.207 (2) (intro.),
4799.207 (3) (b), 799.209 (1) to (4), 799.21 (3) (b), 799.21 (4), 799.24 (1), 799.24
5(3), 799.26 (1), 803.01 (3) (b) 1., 807.02, 807.04 (1), 807.09 (1), 812.30 (2), 813.025
6(1), 813.12 (2) (a), 813.12 (2) (b), 813.12 (3) (a), 813.12 (3) (am), 813.12 (3) (c),
7813.12 (3) (d), 813.12 (4) (a) (intro.), 813.12 (4) (a) 3., 813.12 (4) (am), 813.12 (4)
8(b), 813.12 (4m) (a) 2., 813.12 (4m) (b) (intro.), 813.12 (4m) (b) 2., 813.12 (5) (c),
9813.12 (6) (a), 813.12 (7m), 813.122 (3) (a), 813.122 (3) (b) (intro.), 813.122 (3)
10(bm), 813.122 (4) (a) (intro.), 813.122 (4) (a) 1., 813.122 (4) (a) 2., 813.122 (5m)
11(a) 2., 813.122 (5m) (b) (intro.), 813.122 (5m) (b) 2., 813.122 (9) (a), 813.123 (3)
12(a), 813.123 (3) (b) (intro.), 813.123 (4) (a), 813.123 (8) (a), 813.125 (3) (a) (intro.),
13813.125 (3) (a) 2., 813.125 (3) (c), 813.125 (4) (a) (intro.), 813.125 (4) (a) 2.,
14813.125 (4) (a) 3., 813.125 (4m) (a), 813.125 (4m) (c) 2., 813.125 (4m) (d) (intro.),
15813.125 (4m) (d) 2., 813.125 (5) (am), 814.615 (3), 814.68 (title), 814.68 (1)
16(intro.), 814.68 (1) (a), 814.68 (1) (b) (intro.), 814.68 (1) (b) 1., 814.68 (2), 816.03
17(1) (b), 816.035 (1) and (2), 818.02 (6), 879.61, 885.10, 885.12, 887.26 (7), 898.02,
18898.04, 898.11, 906.15 (1), 906.15 (2) (d), 906.15 (3), 911.01 (1), 938.06 (1) (a) 2.,
19938.208 (4), 938.21 (1) (a), 938.21 (1) (b), 938.21 (2) (c), 938.21 (4) (intro.), 938.21
20(4m), 938.21 (7), 938.30 (9), 938.32 (1) (a), 938.32 (1d), 938.32 (1g) (intro.),
21938.32 (1m) (intro.) and (a), 938.32 (1t) (a) 1., 938.32 (1t) (a) 1m., 938.32 (1t) (a)
223., 938.32 (1v), 938.32 (1x), 938.32 (2) (a), 938.32 (6), 940.203 (1) (b), 943.013 (1)
23(b), 946.495, 967.07, 971.20 (3) (a), 973.20 (13) (c) 4., 977.05 (6) (b) 2., 979.05 (1),
24979.05 (3), 979.05 (4), 979.05 (5), 979.05 (6), 979.06 (1), 979.06 (2), 979.06 (3),
25979.06 (4) (intro.), 979.06 (5), 979.08 (1), 979.08 (3) (intro.), 979.08 (6), 979.08

1(7) and 979.09; to repeal and recreate 17.16 (1), 757.68 (1), 757.69 (1) (intro.),
2757.69 (1) (k) and 979.05 (2); and to create 757.001, 757.01 (4), 757.675 (title),
3757.68 (5m), 757.68 (6), 757.68 (7), 757.69 (1) (g) 8. to 13., 757.69 (1m), 757.69
4(2m) and 757.69 (8) of the statutes; relating to: powers, responsibilities, and
5appointment 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 chapters 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, created 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 court 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:
AB354, s. 1 1Section 1. 13.24 (1) of the statutes is amended to read:
AB354,5,82 13.24 (1) After the service of the notice required by s. 13.23 either party may
3proceed to take the depositions of witnesses before any judge, circuit or supplemental
4court commissioner or a municipal judge in the district where the contest is pending,
5upon giving 10 days' notice in writing to the opposite party of the time and place at
6which and the officer before whom such depositions will be taken. No deposition
7shall be taken after the last Monday preceding the day fixed by law for the meeting
8of the legislature, except in case of sickness or unavoidable absence of witnesses.
AB354, s. 2 9Section 2. 17.16 (1) of the statutes is repealed and recreated to read:
AB354,5,1310 17.16 (1) Removals from office at pleasure shall be made by order, a copy of
11which shall be filed as provided by sub. (8), except that a copy of the order of removal
12of a circuit court commissioner shall be filed in the office of the clerk of the circuit
13court.
AB354, s. 3 14Section 3. 19.01 (4) (c) 1. of the statutes is amended to read:
AB354,5,1515 19.01 (4) (c) 1. All circuit and supplemental court commissioners.
AB354, s. 4 16Section 4. 19.01 (4) (c) 2. of the statutes is repealed.
AB354, s. 5 17Section 5. 19.01 (4) (c) 4. of the statutes is amended to read:
AB354,5,1918 19.01 (4) (c) 4. All judges or judicial officers, not included in subds. 1. to and
193., elected or appointed for that county, or whose jurisdiction is limited to that county.
AB354, s. 6 20Section 6. 40.08 (9m) of the statutes is amended to read:
AB354,6,7
140.08 (9m) Guardians. An application for a benefit, a designation of a
2beneficiary or any other document which has a long-term effect on a person's rights
3and benefits under this chapter and which requires a signature may be signed and
4filed by a guardian of the estate when accompanied by a photocopy or facsimile of an
5order of guardianship issued by a circuit court judge or a register in probate or a
6probate circuit court commissioner who is assigned the authority to issue such orders
7under s. 757.72 (2) or (5) 851.73 (1) (g).
AB354, s. 7 8Section 7. 46.03 (3) of the statutes is amended to read:
AB354,6,149 46.03 (3) Trustee duty. Take and hold in trust, whenever it considers
10acceptance advantageous, all property transferred to the state to be applied to any
11specified purpose, use or benefit pertaining to any of the institutions under its control
12or the inmates thereof, and apply the same in accordance with the trust; and when
13ordered by the court, act as trustee of funds paid for the support of any child if
14appointed by the court or family a circuit court commissioner under s. 767.475 (7).
AB354, s. 8 15Section 8. 48.06 (1) (a) 2. of the statutes is amended to read:
AB354,6,2216 48.06 (1) (a) 2. The chief judge of the judicial administrative district shall
17formulate written judicial policy governing intake and court services for child
18welfare matters under this chapter and the department shall be charged with
19executing the judicial policy. The chief judge shall direct and supervise the work of
20all personnel of the court, except the work of the district attorney or corporation
21counsel assigned to the court. The chief judge may delegate his or her supervisory
22functions under s. 48.065 (1).
AB354, s. 9 23Section 9. 48.065 (title) of the statutes is repealed.
AB354, s. 10 24Section 10. 48.065 (1) of the statutes is renumbered 757.68 (3m) and amended
25to read:
AB354,7,11
1757.68 (3m) The board of supervisors of any county may authorize the chief
2judge of the judicial administrative district to appoint
establish one or more circuit
3court commissioner positions on a
part-time or full-time juvenile court
4commissioners who
basis to assist in matters affecting juveniles. A circuit court
5commissioner under this subsection
shall serve at the discretion of the chief judge.
6 A juvenile court commissioner shall be licensed to practice law in this state and shall
7have been so licensed for at least 2 years immediately prior to appointment and shall
8have a demonstrated interest in the welfare of children and unborn children. The
9chief judge may assign law clerks, bailiffs and deputies to the court commissioner.
10The chief judge shall supervise juvenile court commissioners, law clerks, bailiffs and
11deputies, except that the chief judge may delegate any of those duties.
AB354, s. 11 12Section 11. 48.065 (2) to (4) of the statutes are repealed.
AB354, s. 12 13Section 12. 48.208 (4) of the statutes is amended to read:
AB354,7,1714 48.208 (4) Probable cause exists to believe that the child, having been placed
15in nonsecure custody by an intake worker under s. 48.207 (1) or by the judge or
16juvenile a circuit court commissioner under s. 48.21 (4), has run away or committed
17a delinquent act and no other suitable alternative exists.
AB354, s. 13 18Section 13. 48.21 (1) (a) of the statutes is amended to read:
AB354,8,619 48.21 (1) (a) If a child who has been taken into custody is not released under
20s. 48.20, a hearing to determine whether the child shall continue to be held in custody
21under the criteria of ss. 48.205 to 48.209 shall be conducted by the judge or juvenile
22a circuit court commissioner within 48 hours of the time the decision to hold the child
23was made, excluding Saturdays, Sundays and legal holidays. By the time of the
24hearing a petition under s. 48.25 shall be filed, except that no petition need be filed
25where a child is taken into custody under s. 48.19 (1) (b) or (d) 2. or 7. or where the

1child is a runaway from another state, in which case a written statement of the
2reasons for holding a child in custody shall be substituted if the petition is not filed.
3If no hearing has been held within 48 hours, excluding Saturdays, Sundays and legal
4holidays, or if no petition or statement has been filed at the time of the hearing, the
5child shall be released except as provided in par. (b). A parent not present at the
6hearing shall be granted a rehearing upon request.
AB354, s. 14 7Section 14. 48.21 (1) (b) of the statutes is amended to read:
AB354,9,38 48.21 (1) (b) If no petition has been filed by the time of the hearing, a child may
9be held in custody with approval of the judge or juvenile circuit court commissioner
10for an additional 72 hours from the time of the hearing, excluding Saturdays,
11Sundays and legal holidays, only if, as a result of the facts brought forth at the
12hearing, the judge or juvenile circuit court commissioner determines that probable
13cause exists to believe that the child is an imminent danger to himself or herself or
14to others, that probable cause exists to believe that the parent, guardian or legal
15custodian of the child or other responsible adult is neglecting, refusing, unable or
16unavailable to provide adequate supervision and care or, if the child is an expectant
17mother who was taken into custody under s. 48.19 (1) (cm) or (d) 8., that probable
18cause exists to believe that there is a substantial risk that if the child expectant
19mother is not held, the physical health of the unborn child, and of the child when
20born, will be seriously affected or endangered by the child expectant mother's
21habitual lack of self-control in the use of alcohol beverages, controlled substances or
22controlled substance analogs, exhibited to a severe degree, and to believe that the
23child expectant mother is refusing or has refused to accept any alcohol or other drug
24abuse services offered to her or is not making or has not made a good faith effort to
25participate in any alcohol or other drug abuse services offered to her. The extension

1may be granted only once for any petition. In the event of failure to file a petition
2within the extension period provided for in this paragraph, the judge or juvenile
3circuit court commissioner shall order the child's immediate release from custody.
AB354, s. 15 4Section 15. 48.21 (4) (intro.) of the statutes is amended to read:
AB354,9,75 48.21 (4) Continuation of custody. (intro.) If the judge or juvenile circuit court
6commissioner finds that the child should be continued in custody under the criteria
7of s. 48.205, he or she shall enter one of the following orders:
AB354, s. 16 8Section 16. 48.21 (7) of the statutes is amended to read:
AB354,9,159 48.21 (7) Informal disposition. If the judge or juvenile circuit court
10commissioner determines that the best interests of the child and the public are
11served or, in the case of a child expectant mother who has been taken into custody
12under s. 48.19 (1) (cm) or (d) 8., that the best interests of the unborn child and the
13public are served, he or she may enter a consent decree under s. 48.32 or order the
14petition dismissed and refer the matter to the intake worker for informal disposition
15in accordance with s. 48.245.
AB354, s. 17 16Section 17. 48.213 (1) (a) of the statutes is amended to read:
AB354,9,2517 48.213 (1) (a) If an adult expectant mother of an unborn child who has been
18taken into custody is not released under s. 48.203, a hearing to determine whether
19the adult expectant mother shall continue to be held in custody under the criteria of
20s. 48.205 (1m) shall be conducted by the judge or juvenile a circuit court
21commissioner within 48 hours after the time that the decision to hold the adult
22expectant mother was made, excluding Saturdays, Sundays and legal holidays. By
23the time of the hearing a petition under s. 48.25 shall be filed, except that no petition
24need be filed when an adult expectant mother is taken into custody under s. 48.193
25(1) (b) or (d) 1. or 3., in which case a written statement of the reasons for holding the

1adult expectant mother in custody shall be substituted if the petition is not filed. If
2no hearing has been held within those 48 hours, excluding Saturdays, Sundays and
3legal holidays, or if no petition or statement has been filed at the time of the hearing,
4the adult expectant mother shall be released except as provided in par. (b).
AB354, s. 18 5Section 18. 48.213 (1) (b) of the statutes is amended to read:
AB354,10,226 48.213 (1) (b) If no petition has been filed by the time of the hearing, an adult
7expectant mother of an unborn child may be held in custody with the approval of the
8judge or juvenile circuit court commissioner for an additional 72 hours after the time
9of the hearing, excluding Saturdays, Sundays and legal holidays, only if, as a result
10of the facts brought forth at the hearing, the judge or juvenile circuit court
11commissioner determines that probable cause exists to believe that there is a
12substantial risk that if the adult expectant mother is not held, the physical health
13of the unborn child, and of the child when born, will be seriously affected or
14endangered by the adult expectant mother's habitual lack of self-control in the use
15of alcohol beverages, controlled substances or controlled substance analogs,
16exhibited to a severe degree, and to believe that the adult expectant mother is
17refusing or has refused to accept any alcohol or other drug abuse services offered to
18her or is not making or has not made a good faith effort to participate in any alcohol
19or other drug abuse services offered to her. The extension may be granted only once
20for any petition. In the event of failure to file a petition within the extension period
21provided for in this paragraph, the judge or juvenile circuit court commissioner shall
22order the adult expectant mother's immediate release from custody.
AB354, s. 19 23Section 19. 48.213 (3) (intro.) of the statutes is amended to read:
AB354,11,224 48.213 (3) Continuation of custody. (intro.) If the judge or juvenile circuit
25court commissioner finds that the adult expectant mother should be continued in

1custody under the criteria of s. 48.205 (1m), the judge or juvenile circuit court
2commissioner shall enter one of the following orders:
AB354, s. 20 3Section 20. 48.213 (6) of the statutes is amended to read:
AB354,11,84 48.213 (6) Informal disposition. If the judge or juvenile circuit court
5commissioner determines that the best interests of the unborn child and the public
6are served, the judge or juvenile circuit court commissioner may enter a consent
7decree under s. 48.32 or order the petition dismissed and refer the matter to the
8intake worker for informal disposition in accordance with s. 48.245.
AB354, s. 21 9Section 21. 48.227 (4) (a) of the statutes is amended to read:
AB354,11,1610 48.227 (4) (a) If the child's parent, guardian or legal custodian does not consent
11to the temporary care and housing of the child at the runaway home as provided
12under sub. (2) or (3), a hearing shall be held on the issue by the judge or juvenile a
13circuit
court commissioner within 24 hours of the time that the child entered the
14runaway home, excluding Saturdays, Sundays and legal holidays. The intake
15worker shall notify the child and the child's parent, guardian or legal custodian of
16the time, place and purpose of the hearing.
AB354, s. 22 17Section 22. 48.30 (9) of the statutes is amended to read:
AB354,11,2118 48.30 (9) If a circuit court commissioner conducts the plea hearing and accepts
19an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the
20judge shall review the admission at the beginning of the dispositional hearing by
21addressing the parties and making the inquiries set forth in sub. (8).
AB354, s. 23 22Section 23. 48.32 (1) of the statutes is amended to read:
AB354,12,1223 48.32 (1) At any time after the filing of a petition for a proceeding relating to
24s. 48.13 or 48.133 and before the entry of judgment, the judge or juvenile a circuit
25court commissioner may suspend the proceedings and place the child or expectant

1mother under supervision in the home or present placement of the child or expectant
2mother. The court may establish terms and conditions applicable to the child and the
3child's parent, guardian or legal custodian, to the child expectant mother and her
4parent, guardian or legal custodian or to the adult expectant mother, including the
5condition specified in sub. (1b). The order under this section shall be known as a
6consent decree and must be agreed to by the child if 12 years of age or older, the
7parent, guardian or legal custodian, and the person filing the petition under s. 48.25;
8by the child expectant mother, her parent, guardian or legal custodian, the unborn
9child by the unborn child's guardian ad litem and the person filing the petition under
10s. 48.25; or by the adult expectant mother, the unborn child by the unborn child's
11guardian ad litem and the person filing the petition under s. 48.25. The consent
12decree shall be reduced to writing and given to the parties.
AB354, s. 24 13Section 24. 48.32 (1b) of the statutes is amended to read:
AB354,12,2014 48.32 (1b) The judge or juvenile a circuit court commissioner may, as a
15condition under sub. (1), request a court-appointed special advocate program to
16designate a court-appointed special advocate for the child to perform the activities
17specified in s. 48.236 (3) that are authorized in the memorandum of understanding
18under s. 48.07 (5) (a). A court-appointed special advocate designated under this
19subsection shall have the authority specified in s. 48.236 (4) that is authorized in the
20memorandum of understanding under s. 48.07 (5) (a).
AB354, s. 25 21Section 25. 48.32 (2) (a) of the statutes is amended to read:
AB354,12,2422 48.32 (2) (a) A consent decree shall remain in effect up to 6 months unless the
23child, parent, guardian, legal custodian or expectant mother is discharged sooner by
24the judge or juvenile circuit court commissioner.
AB354, s. 26 25Section 26. 48.32 (6) of the statutes is amended to read:
AB354,13,6
148.32 (6) The judge or juvenile circuit court commissioner shall inform the child
2and the child's parent, guardian or legal custodian, or the adult expectant mother,
3in writing, of the right of the child or expectant mother to object to the continuation
4of the consent decree under sub. (3) and the fact that the hearing under which the
5child or expectant mother was placed on supervision may be continued to conclusion
6as if the consent decree had never been entered.
AB354, s. 27 7Section 27. 49.852 (3) of the statutes is amended to read:
AB354,13,248 49.852 (3) If a person has requested a hearing pursuant to sub. (2) (b), the
9hearing shall be conducted before the circuit court that rendered the initial order to
10pay support. The court shall schedule a hearing within 10 business days after
11receiving a request for a hearing. The family A circuit court commissioner may
12conduct the hearing. If the court determines that the person owes the amount
13specified in the statewide support lien docket under s. 49.854 (2) (b), the department
14of workforce development may direct the department of employee trust funds, the
15retirement system of any 1st class city, any retirement system established under
16chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
17is appropriate, to withhold the amount from any lump sum payment from a pension
18plan that may be paid the person. If the court determines that the person does not
19owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b),
20the department of workforce development may not direct the department of
21employee trust funds, the retirement system of any 1st class city, any retirement
22system established under chapter 201, laws of 1937, or the administrator of any
23other pension plan, whichever is appropriate, to withhold the amount from any lump
24sum payment from a pension plan that may be paid the person.
AB354, s. 28 25Section 28. 49.854 (2) (c) of the statutes is amended to read:
AB354,14,5
149.854 (2) (c) Updating the statewide support lien docket. The department shall
2update the statewide support lien docket in response to orders issued by a court or
3family circuit court commissioner. The department shall periodically update the
4statewide support lien docket to reflect changes in the amounts of the liens contained
5in the docket.
AB354, s. 29 6Section 29. 49.854 (3) (ag) 2. of the statutes is amended to read:
AB354,14,187 49.854 (3) (ag) 2. If the obligor disagrees with the determination of the
8department, the obligor may request a hearing with the court or a family circuit court
9commissioner to review the department's determination. To request a hearing under
10this subdivision, the obligor shall make the request within 5 business days of the date
11of the department's determination under subd. 1. The obligor shall make the request
12in writing and shall mail or deliver a copy of the request to the county child support
13agency. If a timely request for a hearing is made under this subdivision, the court
14or family circuit court commissioner shall hold the hearing within 15 business days
15of the request. If, at the hearing, the obligor establishes that the lien is not proper
16because of a mistake of fact, the court or family circuit court commissioner shall order
17the department to remove the lien from the statewide support lien docket or adjust
18the amount of the delinquent obligation.
AB354, s. 30 19Section 30. 49.854 (3) (ar) of the statutes is amended to read:
AB354,15,420 49.854 (3) (ar) Direct appeal. If the obligor has not requested a financial
21records and court order review under par. (ag), the obligor may request a hearing
22under this paragraph within 20 business days of the date of the notice under par. (a).
23The obligor shall make the request in writing and shall mail or deliver a copy of the
24request to the county child support agency. If a timely request for a hearing is made
25under this paragraph, the court or family circuit court commissioner shall schedule

1a hearing within 10 days after the date of the request. If, at the hearing, the obligor
2establishes that the lien is not proper because of a mistake of fact, the court or family
3circuit court commissioner shall order the department to remove the lien from the
4statewide support lien docket or adjust the amount of the delinquent obligation.
AB354, s. 31 5Section 31. 49.854 (3) (b) of the statutes is amended to read:
AB354,15,136 49.854 (3) (b) Appeal. If a family circuit court commissioner conducts a hearing
7under par. (ag) or (ar), the department or the obligor may, within 15 business days
8after the date of the decision by the family circuit court commissioner, request review
9of the decision by the court having jurisdiction over the action. The court conducting
10the review may order that the lien be withdrawn from the statewide support lien
11dockets or may order an adjustment of the amount of the delinquent obligation. If
12no appeal is sought or if the court does not order the withdrawal of the lien, the
13department may take appropriate actions to enforce the lien.
AB354, s. 32 14Section 32. 49.854 (5) (f) of the statutes is amended to read:
AB354,16,1015 49.854 (5) (f) Hearings. A hearing requested under par. (d) 6. shall be
16conducted before the circuit court rendering the order to pay support. Within 45
17business days after receiving a request for hearing under par. (d) 6., the court shall
18conduct the hearing. The family A circuit court commissioner may conduct the
19hearing. The hearing shall be limited to a review of whether the account holder owes
20the amount of support certified and whether any alternative payment arrangement
21offered by the department or the county child support agency is reasonable. If the
22court or family circuit court commissioner makes a written determination that an
23alternative payment arrangement offered by the department or county child support
24agency is not reasonable, the court or family circuit court commissioner may order
25an alternative payment arrangement. If the court or family circuit court

1commissioner orders an alternative payment arrangement, the court or family
2circuit court commissioner shall order the department to release all or a portion of
3the funds. If the court or family circuit court commissioner determines that the
4account holder does not owe support or owes less than the amount claimed by the
5department, the court shall order the department to return the seized funds or the
6excess of the seized funds over the amount of the delinquency to the account holder.
7If a family circuit court commissioner conducts the hearing under this paragraph,
8the department or the obligor may, within 15 business days after the date that the
9family circuit court commissioner makes his or her decision, request review of the
10decision by the court with jurisdiction over the action.
AB354, s. 33 11Section 33. 49.854 (6) (c) of the statutes is amended to read:
AB354,17,1212 49.854 (6) (c) Hearing. If a hearing is requested under par. (b) 4., the court or
13family circuit court commissioner shall schedule a hearing within 10 business days
14after receiving the request under par. (b) 4. The hearing shall be limited to a review
15of whether the obligor owes the amount of support owed that is stated in the notice
16of seizure and whether any alternative payment arrangement offered by the
17department or the county child support agency is reasonable. If the court or family
18circuit court commissioner makes a written determination that an alternative
19payment arrangement offered by the department or county child support agency is
20not reasonable, the court or family circuit court commissioner may order an
21alternative payment arrangement. If the court or family circuit court commissioner
22orders an alternative payment arrangement, the court or family circuit court
23commissioner shall order the department to return the seized property within 15
24business days. If the court or family circuit court commissioner determines that the
25obligor does not owe support or owes less than the amount claimed by the

1department, the court shall order the department to return the seized property
2within 15 business days or specify the amount which may be retained by the
3department after the sale of the seized property. If a family circuit court
4commissioner conducts the hearing under this paragraph, the department or the
5obligor may, within 15 business days after the date that the family circuit court
6commissioner makes his or her decision, request review of the decision by the court
7with jurisdiction over the action. The court reviewing the decision may order the
8department to return the seized property or may authorize the sale of the property
9by the department. If the department is ordered to return seized property under this
10paragraph, the court shall instruct any state agency responsible for titling the
11property that it may transfer title to the property without receiving instructions from
12a court or the department under par. (a).
AB354, s. 34 13Section 34. 49.854 (7) (c) of the statutes is amended to read:
AB354,18,1014 49.854 (7) (c) Hearing. If a hearing is requested under par. (b) 1. c., the court
15or family circuit court commissioner shall schedule a hearing within 10 business
16days after receiving the request under par. (b) 1. c. The hearing shall be limited to
17a review of whether the obligor owes the amount of support owed that is stated in the
18notice of intent under par. (b) and whether any alternative payment arrangement
19offered by the department or the county child support agency is reasonable. If the
20court or family circuit court commissioner makes a written determination that an
21alternative payment arrangement offered by the department or county child support
22agency is not reasonable, the court or family circuit court commissioner may order
23an alternative payment arrangement. If the court or family circuit court
24commissioner orders an alternative payment arrangement, the court or family
25circuit court commissioner shall order the department not to proceed with the levy.

1If the court or family circuit court commissioner determines that the obligor does not
2owe support or owes less than the amount claimed by the department, the court shall
3order the department not to proceed with the levy or specify the amount that may
4be retained by the department after the sale of the seized property. If a family circuit
5court commissioner conducts the hearing under this paragraph, the department or
6the obligor may, within 15 business days after the date that the family circuit court
7commissioner makes his or her decision, request review of the decision by the court
8with jurisdiction over the action. The court reviewing the decision may order the
9department not to proceed with the levy of the property or may authorize the sale of
10the property by the department.
AB354, s. 35 11Section 35. 49.854 (7m) of the statutes is amended to read:
AB354,19,812 49.854 (7m) Jointly held property. A person, other than the obligor, who holds
13a joint interest in property levied against under this section may request a hearing,
14as provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion
15of the value of the property that is attributable to his or her net contribution to the
16property. If a hearing is requested under this subsection, the court or family circuit
17court commissioner shall schedule a hearing within 10 days after receiving the
18request. The hearing shall be limited to determining the proportion of the value of
19the property that is attributable to the person's net contribution to the property. If
20more than one person requests a hearing under this subsection, or if the obligor
21requests a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same
22property, the court or family circuit court commissioner may schedule the hearings
23together. The person requesting the hearing shall have the burden of proving his or
24her net contribution by clear and convincing evidence. If the court determines that
25a portion of the jointly held property is attributable to the contributions of the person,

1the court shall direct the department or the county child support agency to pay the
2person, from the net balance of the jointly held account or the net proceeds of the sale
3of the jointly held real or personal property, the proportion of the gross value of the
4account or real or personal property that is attributable to that person. If the family
5a circuit court commissioner conducts the hearing under this subsection, the person
6may, within 15 business days after the date that the family circuit court
7commissioner makes his or her decision, request review of the decision by the court
8with jurisdiction over the action.
AB354, s. 36 9Section 36. 49.855 (3) of the statutes is amended to read:
AB354,20,510 49.855 (3) Receipt of a certification by the department of revenue shall
11constitute a lien, equal to the amount certified, on any state tax refunds or credits
12owed to the obligor. The lien shall be foreclosed by the department of revenue as a
13setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
14that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
15obligor that the state intends to reduce any state tax refund or credit due the obligor
16by the amount the obligor is delinquent under the support or maintenance order, by
17the outstanding amount for past support, medical expenses or birth expenses under
18the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall
19provide that within 20 days the obligor may request a hearing before the circuit court
20rendering the order. Within 10 days after receiving a request for hearing under this
21subsection, the court shall set the matter for hearing. Pending further order by the
22court or family a circuit court commissioner, the department of workforce
23development or its designee, whichever is appropriate, is prohibited from disbursing
24the obligor's state tax refund or credit. The family A circuit court commissioner may
25conduct the hearing. The sole issues at that hearing shall be whether the obligor

1owes the amount certified and, if not and it is a support or maintenance order,
2whether the money withheld from a tax refund or credit shall be paid to the obligor
3or held for future support or maintenance. An obligor may, within 20 days of
4receiving notice that the amount certified shall be withheld from his or her federal
5tax refund or credit, request a hearing under this subsection.
AB354, s. 37 6Section 37. 49.855 (4m) (b) of the statutes is amended to read:
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