1995 Wisconsin Act 417

417,75 Section 75 . 560.61 (1) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

560.61 (1) Make a grant or loan to an eligible recipient for a project that meets the criteria for funding under s. 560.605 (1) and (2) and under s. 560.62, 560.625, 560.63, 560.65 or 560.66, whichever is appropriate, from the appropriations under s. 20.143 (1) (c), (cb), (ie), (s) and (sb) (sm).

Note: Section 560.61 (1) relates to grants and loans from the Wisconsin development fund, the appropriations for which are under s. 20.143 (1) (c), (cb), (ie), (s) and (sm). There is no s. 20.143 (1) (sb).

417,76 Section 76 . 560.797 (3) (b) 9. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

560.797 (3) (b) 9. The person's plans to make available or provide day care center benefits, as defined in s. 71.07 (2dd) (a) 1., to each qualifying child individual, as defined in s. 71.07 (2dd) (a) 3. 5.

Note: Corrects terminology and cross-reference. An early version of 1995 Wis. Act 27 created the development zones day care credit at s. 71.07 (2dd) which contained a definition of “qualifying child" at s. 71.07 (2dd) (a) 3. Act 27, as enacted, replaced s. 71.07 (2dd) (a) 3. with s. 71.07 (2dd) (a) 5., which defines “qualifying individual".

417,77 Section 77 . 563.13 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 9123 (6pp), is amended to read:

563.13 (2) A sworn statement by the member designated as responsible for the proper utilization of gross receipts that no board commission or other fee, salary, profits, compensation, reward or recompense will be paid to any person or organization and that all profits will be spent as provided under s. 563.51 (8).

Note: 1995 Wis. Act 27, section 9123 (6pp), substituted “board" for “commission" each place it appears in ch. 563, for the purpose of effectuating the name change of the gaming commission to the gaming board. The change is inapplicable to this provision.

417,78 Section 78 . 569.04 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 9123 (6pp), is amended to read:

569.04 (1) In accordance with an Indian gaming compact or with the regulations of or an agreement with the national Indian gaming board commission, the board shall certify and conduct background investigations of a person proposing to be an Indian gaming vendor and of employes of Indian tribes who are engaged in the conduct of gaming.

Note: 1995 Wis. Act 27, section 9123 (6pp), substituted “board" for “commission" each place it appears in ch. 569, for the purpose of effectuating the name change of the gaming commission to the gaming board. The change is inapplicable to the national Indian gaming board.

417,79 Section 79 . 613.74 (2) of the statutes is amended to read:

613.74 (2) Plan of dissolution. At least 60 days prior to the submission to members of any proposed voluntary dissolution of a service insurance corporation under s. 181.50 the plan shall be filed with the commissioner. The commissioner may require the submission of such additional information as will establish the financial condition of the corporation or other facts relevant to the proposed dissolution. If the members adopt the resolution to dissolve, the commissioner shall, within 30 days after the adoption of the resolution, begin to examine the corporation. The commissioner shall approve the dissolution unless the commissioner finds, after a hearing, that it is insolvent or may become insolvent in the process of dissolution. Upon approval, the corporation may dissolve under ss. 181.51 to 181.555, except that the last sentence of s. 181.555 does not apply. Upon disapproval, the commissioner shall petition the court for liquidation or for rehabilitation under ch. 645.

Note: Corrects error in transcribing 1975 Wis. Act 223.

417,80 Section 80 . 758.19 (7) of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

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

Note: Replaces superfluous language pursuant to s. 13.93 (1) (d).

417,81 Section 81 . 767.32 (2r) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

767.32 (2r) If the court revises a judgment or order providing for child support that was entered under s. 448.355 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 (14).

Note: 1995 Wis. Act 77 replaced “48.355" with “448.355" without showing strikes or underscores. There is no s. 448.355. No change was intended.

417,82 Section 82 . 767.455 (5) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

767.455 (5) Form. The summons shall be in substantially the following form:

STATE OF WISCONSIN,   CIRCUIT COURT : .... COUNTY

In re the Paternity of A. B.

STATE OF WISCONSIN

and

C. D.

Address

City, State Zip Code   File No. ...

, Petitioners

vs.   S U M M O N S

E. F.

Address   .... (Case Classification Type): .... (Code No.)

City, State Zip Code

, Respondent

THE STATE OF WISCONSIN, To the Respondent:

You have been sued. .... claims that you are the father of the child, .... born on .... (date), in .... (city) (county) (state). You must appear to answer this claim of paternity. Your court appearance is:

Date:    

Time:    

Room:    

Judge or Family Court Commissioner:    

Address:    

If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint one for you one only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.

Dated: ...., 19 ..

Signed:.... ....

G. H., Clerk of Circuit Court

or

Petitioner's Attorney

State Bar No.: ....

Address: ....

City, State Zip Code: ....

Phone No.: ....

NOTE: The underscored “one for" was deleted by 1995 Wis. Act 27 without being stricken. The stricken “one" was inserted without being underscored. Neither change was intended.

417,83 Section 83 . 779.97 (4) (c) 2. of the statutes, as affected by 1995 Wisconsin Act 27, section 7140b, and 1995 Wisconsin Act 201, is amended to read:

779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the department of financial institutions, or a register of deeds if authorized under s. 59.43 (4), a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

NOTE: The underscored language was deleted by 1995 Wis. Act 27 without being stricken. No change was intended.

417,84 Section 84 . The amendments of 814.04 (intro.) of the statutes by 1995 Wisconsin Acts 24 and 27 are not repealed by 1995 Wisconsin Act 133. All amendments stand.

Note: There is no conflict of substance.

417,85 Section 85 . 814.634 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 7175d, is amended to read:

814.634 (1) (a) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $40 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (a) or (am) or 814.63 (1).

NOTE: The stricken language is a cross-reference to a provision which was repealed by 1995 Wis. Act 27.

417,86 Section 86 . 814.70 (6) (a) (title) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 814.70 (6) (title).

Note: Section 814.70 (6) (title) was inadvertently changed to s. 814.70 (6) (a) (title) by 1995 Wis. Act 27.

417,87 Section 87 . 938.33 (4m) (c) of the statutes, as created by 1995 Wisconsin Act 77, is amended to read:

938.33 (4m) (c) A written explanation of how the parent may request a revision under s. 938.363 in the amount of child support ordered by the court under s. 938.335 938.355 (2) (b) 4.

Note: Corrects cross-reference. There is no s. 938.335 (2) (b) 4. Section 938.355 (2) (b) 4. relates to support orders.

417,88 Section 88 . 941.11 (2) of the statutes is amended to read:

941.11 (2) Intentionally burns a building of one who has consented to the destruction thereof but does so under circumstances in which he or she should realize he or she is creating an unreasonable risk of death or great bodily harm to another or serious damage to a third 3rd person's property.

Note: Corrects error in transcribing 1993 Wis. Act 486. Replaces word form of number with digits from greater consistency with current style.

417,89 Section 89 . 941.29 (2) (c) of the statutes, as affected by 1995 Wisconsin Acts 71 and 77, is amended to read:

941.29 (2) (c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness as specified in sub. (1) (c) or (d). Whoever violates this section after being convicted under this section is guilty of a Class D felony.

Note: 1995 Wisconsin Act 77 amended s. 941.29 (2) without taking into account the amendment of this subsection by 1995 Wisconsin Act 71. As the result of the Act 71 amendment, the language added by Act 77, shown stricken above, requires placement in a separate subsection. See the next section of this bill.

417,90 Section 90 . 941.29 (2m) of the statutes is created to read:

941.29 (2m) Whoever violates this section after being convicted under this section is guilty of a Class D felony.

Note: See the note to the previous section of this bill.

417,91 Section 91 . 971.17 (2) (title) of the statutes is reenacted to read:

971.17 (2) (title) Investigation and examination.

Note: This title was inadvertently deleted from the printed statutes.

417,92 Section 92 . 976.04 (2) of the statutes is amended to read:

976.04 (2) If an arrest is made in this state by an officer of another state in accordance with sub. (1), the officer shall without unnecessary delay take the person arrested before a judge of the county in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful the judge shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the governor of this state or admit the person to bail for such purpose. If the judge determines that the arrest was unlawful he, the judge shall discharge the person arrested.

Note: Corrects error in transcribing 1993 Wis. Act 486.

417,93 Section 93 . 977.06 (4) (b) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

977.06 (4) (b) (intro.) The state public defender shall promptly release a copy of any statement, affidavit or other information provided by a person regarding financial eligibility under this s. 977.07 only if the state public defender or a circuit court finds all of the following:

NOTE: The stricken language was rendered surplusage by 1995 Wis. Act 27.

417,94 Section 94 . 977.076 (2) of the statutes, as affected by 1995 Wisconsin Acts 27 and 77, is amended to read:

977.076 (2) The department of administration may collect unpaid reimbursement payments to the state public defender ordered by a court under sub. (1) or s. 48.275 (1) (a) (2), 757.66, 938.275 (1) (a) or 973.06 (1) (e). The department may contract with a private collection agency to collect these payments. Section 16.705 does not apply to a contract under this subsection.