SB639: Bill Text

SB639,397,14 786.36 Changing names, court procedure. Any resident of this state, whether a minor or adult, may upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice, with proof of publication, as required by s. 786.37, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. If the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by: both parents, if living, or the survivor of them; the guardian or person having legal custody of the minor if both parents are dead or if the parental rights have been terminated by judicial proceedings; or the mother, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, except that the father must also make the petition unless his rights have been legally terminated. The order shall be entered at length upon the records of the court and a certified copy of the record shall be recorded in the office of the register of deeds of the county, who shall make an entry in a book to be kept by the register. The fee for recording a certified copy is the fee specified under s. 59.57 (1) 59.43 (2) (ag). If the person whose name is changed or established was born or married in this state, the clerk of the court shall send to the state registrar of vital statistics, on a form designed by the state registrar of vital statistics, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital statistics shall then correct the birth record, marriage record or both, and direct the register of deeds and local registrar to make similar corrections on their records. No person engaged in the practice of any profession for which a license is required by the state may change his or her given name or his or her surname to any other given name or any other surname than that under which the person was originally licensed in the profession in this or any other state, in any instance in which the state board or commission for the particular profession, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or misleads the public as to identity or otherwise results in detriment to the profession or the public. This prohibition against a change of name by a person engaged in the practice of any profession does not apply to any person legally qualified to teach in the public schools in this state, nor to a change of name resulting from marriage or divorce, nor to members of any profession for which there exists no state board or commission authorized to issue licenses or pass upon the qualifications of applicants or hear complaints respecting conduct of members of the profession. Any change of name other than as authorized by law is void.

SB639, s. 683 Section 683. 809.105 (3) (b) of the statutes is amended to read:

SB639,397,21 809.105 (3) (b) Forwarding to court of appeals. The clerk of the trial court shall forward to the court of appeals within 3 calendar days after the filing of the notice of appeal a copy of the notice of appeal and a copy of the trial court case record maintained as provided in s. 59.39 (2) 59.40 (2) (b), using the name "Jane Doe" instead of the minor's name, and the record on appeal, assembled as provided in sub. (4).

SB639, s. 684 Section 684. 809.11 (2) of the statutes is amended to read:

SB639,398,2 809.11 (2) Forwarding to court of appeals. The clerk of the trial court shall forward to the court of appeals within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the docketing fee, and a copy of the trial court record (docket entries) of the case in the trial court maintained pursuant to s. 59.39 (2) or (3) 59.40 (2) (b) or (c).

SB639, s. 685 Section 685. 812.30 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,398,9 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.07 (154) 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

SB639, s. 686 Section 686. 814.29 (1) (d) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,398,16 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.07 (154) 59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

SB639, s. 687 Section 687. 814.61 (12) (b) (intro.) of the statutes is amended to read:

SB639,399,3 814.61 (12) (b) Maintenance payments and support. (intro.) For receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.39 (9m) 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. The court shall order each party ordered to make payments to pay the annual fee at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee is not paid when due, the clerk shall not deduct the annual fee from the maintenance or support payment, but:

SB639, s. 688 Section 688. 814.634 (2) of the statutes is amended to read:

SB639,399,7 814.634 (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.20 (11) 59.25 (3) (p).

SB639, s. 689 Section 689. 814.635 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,399,12 814.635 (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.20 (11) 59.25 (3) (p).

SB639, s. 690 Section 690. 851.73 (1) (d) of the statutes is amended to read:

SB639,399,15 851.73 (1) (d) Has, when appointed for this purpose, the powers of deputy clerks as provided in s. 59.38 59.40 (1).

SB639, s. 691 Section 691. 889.04 of the statutes is amended to read:

SB639,399,24 889.04 County and municipal ordinances. Matter entered or recorded in any ordinance or record book under ss. 59.17 (2) 59.23 (2) (b), 60.33 (1) and (2), 61.25 (3) and 62.09 (11) (c) or printed in any newspaper, book, pamphlet, or other form purporting to be so published, entered or recorded by any county, town, city or village in this state as a copy of its ordinance, bylaw, resolution or regulation, is prima facie evidence thereof; and after 3 years from the date of such publication, entry or recording such book or pamphlet shall be conclusive proof of the regularity of the adoption and publication of the ordinance, bylaw, resolution or regulation.

SB639, s. 692 Section 692. 893.73 (1) (a) of the statutes is amended to read:

SB639,400,2 893.73 (1) (a) An action to contest the validity of a county zoning ordinance or amendment, if s. 59.97 59.69 (14) applies to the action.

SB639, s. 693 Section 693. 893.82 (2) (d) 2. of the statutes is amended to read:

SB639,400,5 893.82 (2) (d) 2. A member of a local emergency planning committee appointed by a county board under s. 59.07 (146) 59.54 (8) (a).

SB639, s. 694 Section 694. 895.46 (1) (e) of the statutes is amended to read:

SB639,400,11 895.46 (1) (e) Any nonprofit corporation operating a museum under a lease agreement with the state historical society, and all officers, directors, employes and agents of such a corporation, and any local emergency planning committee appointed by a county board under s. 59.07 (146) 59.54 (8) (a) and all members of such a committee, are state officers, employes or agents for the purposes of this subsection.

SB639, s. 695 Section 695. 895.483 (3) of the statutes, as created by 1995 Wisconsin Act 13, is amended to read:

SB639,400,16 895.483 (3) A local emergency planning committee created under s. 59.07 (146) 59.54 (8) (a) 1. that receives a grant under s. 166.21 is immune from civil liability for acts or omissions related to carrying out responsibilities under s. 166.21.

SB639, s. 696 Section 696. 946.87 (3) of the statutes is amended to read:

SB639,401,6 946.87 (3) The attorney general or any district attorney may institute civil proceedings under this section. Notwithstanding s. 59.456 (5) 59.42 (2) (b) 4., in counties having a population of 500,000 or more, the district attorney or the corporation counsel may proceed under this section. A corporation counsel in a county having a population of 500,000 or more or a district attorney may institute proceedings under this section only with the prior written approval of the attorney general. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination of any action under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders or take such actions, including the acceptance of satisfactory performance bonds, as the court deems proper. At any time pending final determination of a forfeiture action under sub. (2), the circuit court may order the seizure of property subject to forfeiture and may make such orders as it deems necessary to preserve and protect the property.

SB639, s. 697 Section 697. 973.045 (2) of the statutes is amended to read:

SB639,401,11 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 698 Section 698. 973.046 (2) of the statutes is amended to read:

SB639,401,16 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 699 Section 699. 973.055 (2) (a) of the statutes is amended to read:

SB639,401,22 973.055 (2) (a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 700 Section 700. 978.05 (6) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB639,402,13 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ss. 17.14, 30.03 (2), 48.09 (5), 59.073, 59.77 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92 (4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

SB639, s. 701 Section 701. 978.06 (6) of the statutes is amended to read:

SB639,402,17 978.06 (6) No district attorney, deputy district attorney or assistant district attorney may appear in a civil action or proceeding under s. 46.25 (7), 59.07 (97) 59.53 (5), 767.075, 767.08 or 767.45 or ch. 769.

SB639, s. 702 Section 702. 979.11 of the statutes is amended to read:

SB639,403,2 979.11 Compensation of officers. The sole compensation of the coroner and deputy coroners for attendance at an inquest and for any preliminary investigation under this chapter at the direction of the district attorney shall be a reasonable sum set by the county board for each day actually and necessarily required for the purpose, and a sum set by the county board for each mile actually and necessarily traveled in performing the duty. Any coroner or deputy coroner may be paid an annual salary and allowance for traveling expenses to be established by the county board under s. 59.15 59.22 which shall be in lieu of all fees, per diem and compensation for services rendered.

SB639, s. 703 Section 703. Effective dates. This act takes effect on September 1, 1996, except as follows:

SB639,403,6 (1) The renumbering of section 59.517 (4) (a) (by Section 353 of the statutes takes effect on June 1, 1997.

SB639,403,7 (End)