SB639, s. 635
19Section
635. 302.36 (1) of the statutes is amended to read:
SB639,382,2320
302.36
(1) All jails shall be provided with suitable wards or buildings or cells
21in the case of jail extensions under s.
59.68 (7)
59.54 (14) (g) for the separation of
22criminals from noncriminals; persons of different sexes; and persons alleged to be
23mentally ill. All prisoners shall be kept segregated accordingly.
SB639, s. 636
24Section
636. 302.45 (3) of the statutes is amended to read:
SB639,383,4
1302.45
(3) Any county jail, reforestation camp established under s. 303.07,
2county house of correction or rehabilitation facility established under s.
59.07 (76) 359.53 (8), whether operated by one county or more than one county, may be a
4state-local shared correctional facility.
SB639, s. 637
5Section
637. 302.46 (1) (b) of the statutes is amended to read:
SB639,383,106
302.46
(1) (b) If a fine or forfeiture is imposed by a court of record, after a
7determination by the court of the amount due for the jail assessment, the clerk of the
8court shall collect and transmit the jail assessment to the county treasurer as
9provided in s.
59.395 (5m) 59.40 (2) (n). The county treasurer shall place the amount
10in the county jail fund as provided in s.
59.20 (5m)
59.25 (3) (g).
SB639, s. 638
11Section
638. 302.46 (1) (c) of the statutes is amended to read:
SB639,383,1612
302.46
(1) (c) If a fine or forfeiture is imposed by a municipal court, after a
13determination by the court of the amount due for the jail assessment, the court shall
14collect and transmit the jail assessment to the county treasurer under s. 800.10 (2).
15The county treasurer shall place the amount in the county jail fund as provided in
16s.
59.20 (5m) 59.25 (3) (g).
SB639, s. 639
17Section
639. 343.10 (6) of the statutes is amended to read:
SB639,384,218
343.10
(6) Fee. No person may file a petition for an occupational license unless
19he or she first pays a fee of $40 to the clerk of the circuit court if the petition is to a
20judge of the circuit court, to the municipal court if the petition is to a judge of the
21municipal court or to the department if the petition is to the department under sub.
22(10). The clerk of the circuit court or the municipal court official shall give the person
23a receipt and forward the fee to the county or municipal treasurer, respectively. That
24treasurer shall pay 50% of the fee to the state treasurer under s.
59.20 (8r) 59.25 (3)
1(m) and retain the balance for the use of the county or municipality, respectively. The
2department shall give the person a receipt.
SB639,384,85
346.655
(2) (a) Except as provided in par. (b), the clerk of court shall collect and
6transmit the amount under sub. (1) to the county treasurer as provided in s.
59.395
7(5) 59.40 (2) (m). The county treasurer shall then make payment of 29.2% of the
8amount to the state treasurer as provided in s.
59.20 (5) (b) 59.25 (3) (f) 2.
SB639, s. 641
9Section
641. 349.02 (2) (b) 4. of the statutes is amended to read:
SB639,384,1110
349.02
(2) (b) 4. Local ordinances enacted under s.
59.07 (107) 59.54 (25), 60.23
11(21) or 66.051 (1) (bm).
SB639, s. 642
12Section
642. 350.115 (1) (d) of the statutes is amended to read:
SB639,384,1613
350.115
(1) (d) The clerk of the court shall collect and transmit to the county
14treasurer the snowmobile registration restitution payment and other amounts
15required under s.
59.395 (5) 59.40 (2) (m). The county treasurer shall then make
16payment to the state treasurer as provided in s.
59.20 (5) (b) 59.25 (3) (f) 2.
SB639, s. 643
17Section
643. 448.03 (3) (f) 1. of the statutes is amended to read:
SB639,384,2118
448.03
(3) (f) 1. Any person employed as an occupational therapist by a federal
19agency, as defined under s.
59.071 (3) (a) 59.57 (2) (c) 1., if the person provides
20occupational therapy solely under the direction or control of the federal agency by
21which he or she is employed.
SB639, s. 644
22Section
644. 448.03 (3) (g) 1. of the statutes is amended to read:
SB639,385,223
448.03
(3) (g) 1. Any person employed as an occupational therapy assistant by
24a federal agency, as defined under s.
59.071 (3) (a)
59.57 (2) (c) 1., if the person
1provides occupational therapy solely under the direction or control of the federal
2agency by which he or she is employed.
SB639, s. 645
3Section
645. 560.60 (6) of the statutes is amended to read:
SB639,385,64
560.60
(6) "Governing body" means a county board, city council, village board,
5town board, regional planning commission or transit commission under s.
59.967 659.58 (2) or 66.943.
SB639, s. 646
7Section
646. 601.41 (1) of the statutes is amended to read:
SB639,385,118
601.41
(1) Duties. The commissioner shall administer and enforce chs. 153 and
9600 to 655 and ss.
59.07 (2) 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall
10act as promptly as possible under the circumstances on all matters placed before the
11commissioner.
SB639, s. 647
12Section
647. 612.81 of the statutes is amended to read:
SB639,385,16
13612.81 Register of deeds. No town mutual need file any corporate documents
14with any register of deeds for corporation law or regulatory purposes. All such
15documents held by registers of deeds on May 24, 1973
, may be disposed of under s.
1659.51 (14m) 59.43 (12) (b).
SB639, s. 648
17Section
648. 632.895 (10) (a) of the statutes is amended to read:
SB639,385,2418
632.895
(10) (a) Except as provided in par. (b), every disability insurance policy
19and every health care benefits plan provided on a self-insured basis by a county
20board under s.
59.07 (2) 59.52 (11), by a city or village under s. 66.184 or by a school
21district under s. 120.13 (2) shall provide coverage for blood lead tests for children
22under 6 years of age, which shall be conducted in accordance with any recommended
23lead screening methods and intervals contained in any rules promulgated by the
24department of health and family services under s. 254.158.
SB639, s. 649
25Section
649. 632.897 (10) (am) 2. of the statutes is amended to read:
SB639,386,4
1632.897
(10) (am) 2. Provide family coverage under the group policy or
2individual policy for the individual's child, if eligible for coverage, upon application
3by the individual, the child's other parent, the department of health and family
4services or the county designee under s.
59.07 (97)
59.53 (5).
SB639, s. 650
5Section
650. 703.365 (2) (d) of the statutes is amended to read:
SB639,386,86
703.365
(2) (d) Commercial activity is permitted in a small residential
7condominium only to the extent that commercial activity is permitted in residences
8in a zoning ordinance adopted under s.
59.97 59.69, 60.61, 61.35 or 62.23.
SB639,386,1311
706.05
(1) Subject to s.
59.517 59.43 (2m), every conveyance, and every other
12instrument which affects title to land in this state, shall be entitled to record in the
13office of the register of deeds of each county in which land affected thereby may lie.
SB639, s. 652
15Section
652. 706.057 (7) of the statutes is amended to read:
SB639,386,2216
706.057
(7) Statement of claim; recording; register of deeds' duty. The
17register of deeds shall provide copies of the uniform form for statements of claim
18under subs. (4), (5) and (6). Upon receipt of a statement of claim under sub. (4), (5)
19or (6) in the office of the register of deeds, the register of deeds shall record the claim
20in a manner which will permit the existence of an interest in minerals to be
21determined by reference to the parcel or parcels of land above the interest in
22minerals. The claimant shall pay the recording fee under s.
59.57 59.43 (2).
SB639, s. 653
23Section
653. 753.016 (2) of the statutes is amended to read:
SB639,387,224
753.016
(2) Court room; offices. The county board shall provide suitable court
25rooms and offices, the sheriff shall provide the necessary deputy sheriffs as attending
1officers under s.
59.23 59.27 (3) and the clerk of the circuit court shall provide a
2sufficient number of deputy clerks for all the judges and branches of the court.
SB639, s. 654
3Section
654. 753.30 (1) of the statutes is amended to read:
SB639,387,194
753.30
(1) The clerk of circuit court shall keep the books and records under s.
559.39 59.40 (2) (a) to (i) and ch. 799 and perform the duties under s.
59.395 59.40 (2)
6(j) to (q) for all matters in the circuit court except those under chs. 48 and 851 to
7880.In counties having only one circuit judge, the circuit judge, with the approval of
8the chief judge of the judicial administrative district, may appoint the clerk of court
9register in probate. The appointments are revocable at the pleasure of the circuit
10judge. Appointments and revocations shall be in writing and shall be filed in the
11office of the register in probate. If appointed for this purpose, the clerk has the
12powers and duties of registers in probate. In prosecutions of ordinance violations in
13the circuit court in counties having a population of 500,000 or more, an assistant
14chief deputy clerk appointed under sub. (3) (a), or one of his or her deputies, shall
15enter upon the records of the court a statement of the offense charged, which shall
16stand as the complaint, unless the court directs formal complaint be made. The
17defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on
18failure to plead, which plea of not guilty shall put all matters in such case at issue,
19any other provisions of law notwithstanding.
SB639, s. 655
20Section
655. 753.34 (7) of the statutes is amended to read:
SB639,388,221
753.34
(7) All fines and all costs and fees collected in circuit court for
22Menominee and Shawano counties in causes of action arising out of Menominee
23county shall be accounted for and paid over under s.
59.395 (5) 59.40 (2) (m) to the
24county treasurer of Menominee county and in causes of action arising out of Shawano
1county shall be accounted for and paid over under s.
59.395 (5) 59.40 (2) (m) to the
2county treasurer of Shawano county.
SB639, s. 656
3Section
656. 756.24 of the statutes is amended to read:
SB639,388,6
4756.24 Jurors, how paid. Within 30 days of the day that a juror has
5completed the service specified in s. 756.04, the clerk of the court shall prepare an
6order under s.
59.77 (8) (a) 59.64 (1) (g) 1.
SB639, s. 657
7Section
657. 758.19 (5) (a) 1. of the statutes is amended to read:
SB639,388,88
758.19
(5) (a) 1. Juror fees under s.
59.77 (8) 59.64 (1) (g).
SB639, s. 658
9Section
658. 766.56 (2) (a) of the statutes is amended to read:
SB639,388,1310
766.56
(2) (a) The recording, under s.
59.51 (18) 59.43 (1) (r), of a marital
11property agreement or a unilateral statement or revocation under s. 766.59 does not
12constitute actual or constructive notice to 3rd parties. This paragraph does not affect
13the application of ch. 706.
SB639, s. 659
14Section
659. 766.58 (11) of the statutes is amended to read:
SB639,388,1715
766.58
(11) Married persons or persons intending to marry each other may
16record a marital property agreement in the county register of deeds office under s.
1759.51 (18) 59.43 (1) (r).
SB639, s. 660
18Section
660. 766.59 (2) (c) of the statutes is amended to read:
SB639,388,2019
766.59
(2) (c) The executing spouse may record the statement in the county
20register of deeds office under s.
59.51 (18) 59.43 (1) (r).
SB639, s. 661
21Section
661. 766.59 (4) of the statutes is amended to read:
SB639,389,222
766.59
(4) A statement may be revoked in writing by the executing spouse.
23The revoking spouse shall notify the other spouse of the revocation by personally
24delivering a copy to the other spouse or by sending a copy by certified mail to the other
1spouse's last-known address. The revoking spouse may record the revocation in the
2county register of deeds office under s.
59.51 (18)
59.43 (1) (r).
SB639, s. 662
3Section
662. 767.045 (1) (c) (intro.) of the statutes is amended to read:
SB639,389,94
767.045
(1) (c) (intro.) The attorney responsible for support enforcement under
5s.
59.458 (1) 59.53 (6) (a) may request that the court or family court commissioner
6appoint a guardian ad litem to bring an action or motion on behalf of a minor who
7is a nonmarital child whose paternity has not been adjudicated for the purpose of
8determining the paternity of the child, and the court or family court commissioner
9shall appoint a guardian ad litem, if any of the following applies:
SB639, s. 663
10Section
663. 767.075 (2) (a) of the statutes is amended to read:
SB639,389,1511
767.075
(2) (a) Except as provided in par. (b), in any action affecting the family
12under a child support enforcement program, an attorney acting under s. 46.25 or
1359.07 (97) 59.53 (5), including any district attorney or corporation counsel,
14represents only the state. Child support services provided by an attorney as specified
15in sub. (1) do not create an attorney-client relationship with any other party.
SB639, s. 664
16Section
664. 767.075 (2) (b) of the statutes is amended to read:
SB639,389,2017
767.075
(2) (b) Paragraph (a) does not apply to an attorney who is employed
18by the department of health and family services under s. 46.25 or a county under s.
1959.07 (97) or 59.458 (1) 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor
20child for the purpose of establishing paternity.
SB639, s. 665
21Section
665. 767.08 (3) of the statutes is amended to read:
SB639,390,622
767.08
(3) If the state or any subdivision thereof furnishes public aid to a
23spouse or dependent child for support and maintenance and the spouse, person with
24legal custody or nonlegally responsible relative fails or refuses to institute an
25appropriate court action under this chapter to provide for the same, the person in
1charge of county welfare activities, the county child support program designee under
2s.
59.07 (97) 59.53 (5) or the state department of health and family services is a real
3party in interest under s. 767.075 and shall initiate an action under this section, for
4the purpose of obtaining support and maintenance. Any attorney employed by the
5state or any subdivision thereof may initiate an action under this section. The title
6of the action shall be "In re the support or maintenance of A.B. (Child)".
SB639, s. 666
7Section
666. 767.085 (1) (g) of the statutes is amended to read:
SB639,390,138
767.085
(1) (g) Whenever the petitioner requests an order or judgment
9affecting a minor child, that the petitioner requests the department of health and
10family services to provide services on behalf of the minor child under s. 46.25, except
11that this application does not authorize representation under s. 46.25 or
59.458 (2) 1259.53 (6) (b), or intervention as a party in any action, by the department of health and
13family services.
SB639, s. 667
14Section
667. 767.085 (5) of the statutes is amended to read:
SB639,390,2015
767.085
(5) Response, contents. Whenever the respondent requests an order
16or judgment affecting a minor child, the response shall state that the respondent
17requests the department of health and family services to provide services on behalf
18of the minor child under s. 46.25, except that this application does not authorize
19representation under s. 46.25 or
59.458 (2) 59.53 (6) (b), or intervention as a party
20in any action, by the department of health and family services.
SB639, s. 668
21Section
668. 767.15 (1) of the statutes is amended to read:
SB639,391,322
767.15
(1) In any action affecting the family in which either party is a recipient
23of aid under s. 49.19 or 49.45, each party shall, either within 20 days after making
24service on the opposite party of any motion or pleading requesting the court or family
25court commissioner to order, or to modify a previous order, relating to child support,
1maintenance or family support, or before filing the motion or pleading in court, serve
2a copy of the motion or pleading upon the child support program designee under s.
359.07 (97) 59.53 (5) of the county in which the action is begun.
SB639, s. 669
4Section
669. 767.25 (4m) (d) 2. of the statutes is amended to read:
SB639,391,85
767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
6if eligible for coverage, upon application by the parent, the child's other parent, the
7department of health and family services or the county designee under s.
59.07 (97) 859.53 (5).
SB639, s. 670
9Section
670. 767.262 (4) (b) of the statutes is amended to read:
SB639,391,1510
767.262
(4) (b) The court may order payment of costs under this section by a
11county in an action in which the court finds that the record of payments and
12arrearages kept by the clerk of court under s.
59.39 (9m) 59.40 (2) (h) is substantially
13incorrect and that the clerk of court has failed to correct the record within 30 days
14after having received information that the court determines is sufficient for making
15the correction.
SB639, s. 671
16Section
671. 767.27 (2m) of the statutes is amended to read:
SB639,392,517
767.27
(2m) In every action in which the court has ordered a party to pay child
18support under s. 767.25 or 767.51 or family support under s. 767.261 and the
19circumstances specified in s. 767.075 (1) apply, the court shall require the party who
20is ordered to pay the support to annually furnish the disclosure form required under
21this section and may require that party to annually furnish a copy of his or her most
22recently filed state and federal income tax returns to the designee under s.
59.07 (97) 2359.53 (5) for the county in which the order was entered. In any action in which the
24court has ordered a party to pay child support under s. 767.25 or 767.51 or family
25support under s. 767.261, the court may require the party who is ordered to pay the
1support to annually furnish the disclosure form required under this section and a
2copy of his or her most recently filed state and federal income tax returns to the party
3for whom the support has been awarded. A party who fails to furnish the information
4as required by the court under this subsection may be proceeded against for contempt
5of court under ch. 785.
SB639, s. 672
6Section
672. 767.27 (3) (b) of the statutes is amended to read:
SB639,392,97
767.27
(3) (b) The clerk of circuit court shall provide information from court
8records to the department of health and family services under s.
59.395 (7) 59.40 (2)
9(p).
SB639, s. 673
10Section
673. 767.293 (1) of the statutes is amended to read:
SB639,393,711
767.293
(1) If an order for child support under this chapter or s. 948.22 (7), an
12order for family support under this chapter or a stipulation approved by the court or
13the family court commissioner for child support under this chapter requires a payer
14to pay child or family support in an amount that is expressed as a percentage of
15parental income, the payee, including the state or its designee under s.
59.07 (97) 1659.53 (5) if the state is a real party in interest under s. 767.075 (1), may establish an
17arrearage by filing an affidavit in the action in which the order for the payment of
18support was entered or the stipulation for support was approved. The affidavit shall
19state the amount of the arrearage and the facts supporting a reasonable basis on
20which the arrearage was determined and may state the payer's current income and
21the facts supporting a reasonable basis on which the payer's current income was
22determined. Not later than 60 days after filing the affidavit, the payee shall serve
23the affidavit on the payer in the manner provided in s. 801.11 (1) (a) or (b) or by
24sending the affidavit by registered or certified mail to the last-known address of the
25payer. After the payee files a proof of service on the payer, the court shall send a
1notice to the payer by regular, registered or certified mail to the payer's last-known
2address. The notice shall provide that, unless the payer requests a hearing to dispute
3the arrearage or the amount of the arrearage not later than 20 days after the date
4of the notice, the court or family court commissioner may enter an order against the
5payer in the amount stated in the affidavit and may provide notice of assignment
6under s. 767.265. The notice shall include the mailing address to which the request
7for hearing must be mailed or delivered in order to schedule a hearing under sub. (2).
SB639,394,1010
767.32
(1) (a) After a judgment or order providing for child support under this
11chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4.,
12938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or
13family support payments under this chapter, or for the appointment of trustees
14under s. 767.31, the court may, from time to time, on the petition, motion or order to
15show cause of either of the parties, or upon the petition, motion or order to show cause
16of the department of health and social services, a county department under s. 46.215,
1746.22 or 46.23 or a child support program designee under s.
59.07 (97) 59.53 (5) if an
18assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or
19their minor children receive aid under ch. 49, and upon notice to the family court
20commissioner, revise and alter such judgment or order respecting the amount of such
21maintenance or child support and the payment thereof, and also respecting the
22appropriation and payment of the principal and income of the property so held in
23trust, and may make any judgment or order respecting any of the matters that such
24court might have made in the original action, except that a judgment or order that
25waives maintenance payments for either party shall not thereafter be revised or
1altered in that respect nor shall the provisions of a judgment or order with respect
2to final division of property be subject to revision or modification. A revision, under
3this section, of a judgment or order with respect to an amount of child or family
4support may be made only upon a finding of a substantial change in circumstances.
5In any action under this section to revise a judgment or order with respect to
6maintenance payments, a substantial change in the cost of living by either party or
7as measured by the federal bureau of labor statistics may be sufficient to justify a
8revision of judgment or order with respect to the amount of maintenance, except that
9a change in an obligor's cost of living is not in itself sufficient if payments are
10expressed as a percentage of income.
SB639, s. 675
11Section
675. 767.45 (6) (a) of the statutes is amended to read:
SB639,394,1412
767.45
(6) (a) The attorney responsible for support enforcement under s.
59.458
13(1) 59.53 (6) (a) shall provide the representation for the state as specified under s.
14767.075 (1) in cases brought under this section.
SB639, s. 676
15Section
676. 767.45 (6) (b) of the statutes is amended to read:
SB639,394,1816
767.45
(6) (b) The attorney under s.
59.458 (1) 59.53 (6) (a) is the only county
17attorney who may provide representation when the state delegates its authority
18under sub. (1) (g).
SB639, s. 677
19Section
677. 767.45 (6) (c) of the statutes is amended to read:
SB639,394,2320
767.45
(6) (c) The attorney under s.
59.458 (1) 59.53 (6) (a) or any state attorney
21acting under par. (b) may not represent the state as specified under s. 767.075 (1) in
22an action under this section and at the same time act as guardian ad litem for the
23child or the alleged child of the party.
SB639, s. 678
24Section
678. 767.51 (3m) (d) 2. of the statutes is amended to read:
SB639,395,4
1767.51
(3m) (d) 2. Provide family coverage of health care expenses for the child,
2if eligible for coverage, upon application by the parent, the child's other parent, the
3department of health and family services or the county designee under s.
59.07 (97) 459.53 (5).