Amendment ASA-AB150

AB150-ASA, s. 7086 Section 7086. 758.19 (5) (a) 8. of the statutes is created to read:

AB150-ASA,2170,24 758.19 (5) (a) 8. Any other court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of court facilities.

AB150-ASA, s. 7087 Section 7087. 758.19 (5) (b) (intro.) of the statutes is amended to read:

AB150-ASA,2171,6 758.19 (5) (b) (intro.) From the appropriation under s. 20.625 (1) (d), the director of state courts shall make the following payments to counties totaling $3,443,950 on July 1, 1995, or the effective date of this paragraph .... [revisor inserts date], whichever is later, totaling $8,294,050 on January 1, 1996, and totaling $8,244,800 on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

AB150-ASA, s. 7088 Section 7088. 758.19 (5) (b) 1. and 2. of the statutes are repealed and recreated to read:

AB150-ASA,2171,9 758.19 (5) (b) 1. For each circuit court branch in the county, $32,900.

AB150-ASA,2171,12 2. In addition to the payment under subd. 1., for each county with one or less circuit court branches, $5,000 in the 1995-96 fiscal year and $10,000 in each fiscal year thereafter.

AB150-ASA, s. 7089 Section 7089. 758.19 (5) (b) 3. of the statutes is repealed and recreated to read:

AB150-ASA,2171,17 758.19 (5) (b) 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county's proportion of the state population times the amount remaining after the payments are made under subds. 1. and 2.

AB150-ASA, s. 7090 Section 7090. 758.19 (5) (b) 4. of the statutes is repealed.

AB150-ASA, s. 7091 Section 7091. 758.19 (5) (c) of the statutes is amended to read:

AB150-ASA,2172,2 758.19 (5) (c) The amount paid to each county under par. (b) shall be determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by the total payment to be made. For those counties that share the services of one or more circuit court branches, the director of state courts shall annually determine the proportional share of that circuit court branch for each county based on the circuit court branch case load in each county.

AB150-ASA, s. 7092 Section 7092. 758.19 (5) (e) (intro.) of the statutes is renumbered 758.19 (5) (e) and amended to read:

AB150-ASA,2172,9 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, information regarding the amount of actual court costs that the county incurred in the previous calendar year for each of the following: court costs listed in par. (a) 1. to 8.

AB150-ASA, s. 7095k Section 7095k. 758.19 (6) of the statutes is repealed and recreated to read:

AB150-ASA,2172,15 758.19 (6) (a) In this subsection, "guardian ad litem costs" means the costs of guardian ad litem compensation that a county incurs under ch. 48, 55, 767 or 880, that the county has final legal responsibility to pay or that the county is unable to recover from another person and that does not exceed the per hour rate established for time spent in court by private attorneys under s. 977.08 (4m) (b).

AB150-ASA,2172,22 (b) From the appropriation under s. 20.625 (1) (e), the director of state courts, beginning on July 1, 1995, shall annually on July 1 pay to each county the county's share, as determined under par. (c), of the total appropriation under s. 20.625 (1) (e). The payment is designed to defray a county's guardian ad litem costs but, except as provided in par. (d), the director of state courts may not require a county to account for the county's guardian ad litem costs or the manner in which or the purposes for which the county expends the payment.

AB150-ASA,2172,23 (c) 1. In this paragraph:

AB150-ASA,2172,24 a. "Court support services fee" means the fee under s. 814.634.

AB150-ASA,2173,4 b. "Judicial need" means the need for a circuit judge, calculated under the weighted caseload formula, based on case filings in the previous calendar year for those types of cases which the director of state courts determines are likely to involve significant guardian ad litem costs.

AB150-ASA,2173,8 c. "Weighted caseload formula" means the formula utilized by the director of state courts to assist in determining the comparative need for circuit court judges in this state, based on the number of cases filed in a given year and the judicial time needed to process the cases.

AB150-ASA,2173,10 2. The amount paid to each county under par. (b) shall be the sum of the following amounts:

AB150-ASA,2173,13 a. The amount determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by one-third of the total amount to be paid under par. (b).

AB150-ASA,2173,16 b. The amount determined by dividing the judicial need for the county by the total judicial need for all counties in this state and multiplying that result by one-third of the total amount to be paid under par. (b).

AB150-ASA,2173,21 c. The amount determined by dividing the amount of court support services fees charged and collected in the county in the previous calendar year by the total amount of court support services fees charged and collected in the state in the previous calendar year and multiplying that result by one-third of the total amount to be paid under par. (b).

AB150-ASA,2173,24 (d) Annually, no later than July 1, each county shall submit to the director of state courts, in a format that the director of state courts establishes, all of the following:

AB150-ASA,2174,2 1. The total cost of guardian ad litem compensation that the county incurred under chs. 48, 55, 767 and 880 in the previous calendar year.

AB150-ASA,2174,5 2. The total guardian ad litem compensation that the county initially paid under chs. 48, 55, 767 and 880 and that was recovered in the previous calendar year by the county from another responsible person.

AB150-ASA, s. 7095m Section 7095m. 758.19 (7) of the statutes is created to read:

AB150-ASA,2174,17 758.19 (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 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.

AB150-ASA, s. 7096 Section 7096. 766.565 (7) of the statutes is amended to read:

AB150-ASA,2174,21 766.565 (7) With respect to consumer credit transactions, the commissioner division of banking may promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the purposes and policies of this chapter and chs. 421 to 427.

AB150-ASA, s. 7096m Section 7096m. 767.001 (1) of the statutes is renumbered 767.001 (1m).

AB150-ASA, s. 7096n Section 7096n. 767.001 (1d) of the statutes is created to read:

AB150-ASA,2174,25 767.001 (1d) "Department" means the department of industry, labor and human relations.

AB150-ASA, s. 7096p Section 7096p. 767.02 (3) of the statutes is amended to read:

AB150-ASA,2175,6 767.02 (3) Commencement of an action affecting the family which affects a minor child constitutes an application to the department of health and social services for services on behalf of the minor child under s. 46.25 49.143. This application does not authorize intervention as a party in any action, by the department of health and social services.

AB150-ASA, s. 7096r Section 7096r. 767.045 (1) (c) 1. of the statutes is amended to read:

AB150-ASA,2175,10 767.045 (1) (c) 1. Aid is provided under s. 49.19 or 49.45 on behalf of the child, but the state and its delegate under s. 46.25 49.143 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB150-ASA, s. 7096s Section 7096s. 767.045 (1) (c) 2. of the statutes is amended to read:

AB150-ASA,2175,15 767.045 (1) (c) 2. An application for legal services has been filed with the child support program under s. 46.25 49.143 on behalf of the child, but the state and its delegate under s. 46.25 49.143 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

AB150-ASA, s. 7096t Section 7096t. 767.045 (6) of the statutes is amended to read:

AB150-ASA,2176,7 767.045 (6) Compensation. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order either or both parties to pay all or any part of the compensation of the guardian ad litem. In addition, upon motion by the guardian ad litem, the court shall order either or both parties to pay the fee for an expert witness used by the guardian ad litem, if the guardian ad litem shows that the use of the expert is necessary to assist the guardian ad litem in performing his or her functions or duties under this chapter. If either or both parties are unable to pay, the court may direct that the county of venue pay the compensation and fees, in whole or in part, and may direct that any or all parties reimburse the county, in whole or in part, for the payment. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). The court may order a separate judgment for the amount of the reimbursement in favor of the county and against the party or parties responsible for the reimbursement. The court may enforce its orders under this subsection by means of its contempt power.

AB150-ASA, s. 7096u Section 7096u. 767.075 (1) (a) of the statutes is amended to read:

AB150-ASA,2176,11 767.075 (1) (a) An action to establish paternity whenever there is a completed application for legal services filed with the child support program under s. 46.25 49.143 or whenever s. 767.45 (6m) applies.

AB150-ASA, s. 7096v Section 7096v. 767.075 (1) (b) of the statutes is amended to read:

AB150-ASA,2176,15 767.075 (1) (b) An action to establish or enforce a child support or maintenance obligation whenever there is a completed application for legal services filed with the child support program under s. 46.25 49.143.

AB150-ASA, s. 7097d Section 7097d. 767.075 (2) (a) of the statutes is amended to read:

AB150-ASA,2176,21 767.075 (2) (a) Except as provided in par. (b), in any action affecting the family under a child support enforcement program, an attorney acting under s. 46.25 49.143 or 59.07 (97), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in sub. (1) do not create an attorney-client relationship with any other party.

AB150-ASA, s. 7097e Section 7097e. 767.075 (2) (b) of the statutes is amended to read:

AB150-ASA,2177,2 767.075 (2) (b) Paragraph (a) does not apply to an attorney who is employed by the department of health and social services under s. 46.25 49.143 or a county under s. 59.07 (97) or 59.458 (1) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

AB150-ASA, s. 7097m Section 7097m. 767.077 (intro.) of the statutes is amended to read:

AB150-ASA,2177,8 767.077 Support for dependent child. (intro.) The state or its delegate under s. 46.25 49.143 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 49.19 (4) (h) 1. b. if all of the following apply:

AB150-ASA, s. 7098 Section 7098. 767.078 (1) (b) 1. of the statutes is amended to read:

AB150-ASA,2177,11 767.078 (1) (b) 1. Register for work at a public employment office established under s. 101.23 106.09.

AB150-ASA, s. 7098e Section 7098e. 767.078 (1) (d) 3. of the statutes is amended to read:

AB150-ASA,2177,14 767.078 (1) (d) 3. Subdivisions 1. and 2. only apply while the department of health and social services conducts the program under s. 49.25.

AB150-ASA, s. 7098m Section 7098m. 767.08 (3) of the statutes is amended to read:

AB150-ASA,2177,25 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee under s. 59.07 (97) or the state department of health and social services is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

AB150-ASA, s. 7099d Section 7099d. 767.085 (1) (g) of the statutes is amended to read:

AB150-ASA,2178,7 767.085 (1) (g) Whenever the petitioner requests an order or judgment affecting a minor child, that the petitioner requests the department of health and social services to provide services on behalf of the minor child under s. 46.25 49.143, except that this application does not authorize representation under s. 46.25 49.143 or 59.458 (2), or intervention as a party in any action, by the department of health and social services.

AB150-ASA, s. 7099f Section 7099f. 767.085 (2) (b) of the statutes is amended to read:

AB150-ASA,2178,12 767.085 (2) (b) The clerk of court shall provide without charge, to each person filing a petition requesting child support, a document setting forth the percentage standard established by the department of health and social services under s. 46.25 49.143 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB150-ASA, s. 7099h Section 7099h. 767.085 (2m) (a) 2. of the statutes is amended to read:

AB150-ASA,2178,17 767.085 (2m) (a) 2. Shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 49.143 (9) and listing the factors which a court may consider under s. 767.25 (1m).

AB150-ASA, s. 7099j Section 7099j. 767.085 (5) of the statutes is amended to read:

AB150-ASA,2178,24 767.085 (5) Response, contents. Whenever the respondent requests an order or judgment affecting a minor child, the response shall state that the respondent requests the department of health and social services to provide services on behalf of the minor child under s. 46.25 49.143, except that this application does not authorize representation under s. 46.25 49.143 or 59.458 (2), or intervention as a party in any action, by the department of health and social services.

AB150-ASA, s. 7100 Section 7100. 767.10 (2) (b) of the statutes is amended to read:

AB150-ASA,2179,7 767.10 (2) (b) A court may not approve a stipulation for a division of property that assigns substantially all of the property to one of the parties in the action if the other party in the action is in the process of applying for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or if the court determines that it can be reasonably anticipated that the other party in the action will apply for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 within 30 months of the stipulation.

AB150-ASA, s. 7100d Section 7100d. 767.13 (7) of the statutes is amended to read:

AB150-ASA,2179,11 767.13 (7) Cooperation. Each family court commissioner shall cooperate with the county and the department of health and social services to ensure that all dependent children receive reasonable and necessary child support.

AB150-ASA, s. 7100f Section 7100f. 767.15 (2) of the statutes is amended to read:

AB150-ASA,2179,16 767.15 (2) In any appeal of any action affecting the family in which support or maintenance of a child of any party is at issue, the person who initiates the appeal shall notify the department of health and social services of the appeal by sending a copy of the notice of appeal to the department.

AB150-ASA, s. 7100h Section 7100h. 767.23 (1) (am) of the statutes is amended to read:

AB150-ASA,2179,21 767.23 (1) (am) Granting Upon the request of a party, granting periods of physical placement to a party specified in s. 767.24 (4). The court or family court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of physical placement is filed.

AB150-ASA, s. 7100m Section 7100m. 767.23 (1n) of the statutes is amended to read:

AB150-ASA,2180,8 767.23 (1n) Before making any temporary order under sub. (1), the court or family court commissioner shall consider those factors which the court is required by this chapter to consider before entering a final judgment on the same subject matter. If the court or family court commissioner makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department of health and social services under s. 46.25 49.143 (9), the court or family court commissioner shall comply with the requirements of s. 767.25 (1n). A temporary order under sub. (1) may be based upon the written stipulation of the parties, subject to the approval of the court or the family court commissioner. Temporary orders made by the family court commissioner may be reviewed by the court as provided in s. 767.13 (6).

AB150-ASA, s. 7100p Section 7100p. 767.24 (6) (b) of the statutes is amended to read:

AB150-ASA,2180,12 767.24 (6) (b) Notwithstanding s. 767.001 (1) (1m), in making an order of joint legal custody, the court may give one party sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions.

AB150-ASA, s. 7100r Section 7100r. 767.25 (1g) of the statutes is amended to read:

AB150-ASA,2180,17 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 49.143 (2m).

AB150-ASA, s. 7100t Section 7100t. 767.25 (1j) of the statutes is amended to read:

AB150-ASA,2180,21 767.25 (1j) Except as provided in sub. (1m), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 49.143 (9).

AB150-ASA, s. 7101 Section 7101. 767.25 (4m) (a) of the statutes is amended to read:

AB150-ASA,2180,24 767.25 (4m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150-ASA, s. 7101r Section 7101r. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB150-ASA,2181,3 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).

AB150-ASA, s. 7102 Section 7102. 767.25 (4m) (e) 1. of the statutes is amended to read:

AB150-ASA,2181,12 767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.