AB380,11,139
48.213
(6) Informal disposition. If the judge or
juvenile circuit court
10commissioner determines that the best interests of the unborn child and the public
11are served, the judge or
juvenile circuit court commissioner may enter a consent
12decree under s. 48.32 or order the petition dismissed and refer the matter to the
13intake worker for informal disposition in accordance with s. 48.245.
AB380, s. 20
14Section
20. 48.227 (4) (a) of the statutes is amended to read:
AB380,11,2115
48.227
(4) (a) If the child's parent, guardian or legal custodian does not consent
16to the temporary care and housing of the child at the runaway home as provided
17under sub. (2) or (3), a hearing shall be held on the issue by the judge or
juvenile a
18circuit court commissioner within 24 hours of the time that the child entered the
19runaway home, excluding Saturdays, Sundays and legal holidays. The intake
20worker shall notify the child and the child's parent, guardian or legal custodian of
21the time, place and purpose of the hearing.
AB380, s. 21
22Section
21. 48.30 (9) of the statutes is amended to read:
AB380,12,223
48.30
(9) If a
circuit court commissioner conducts the plea hearing and accepts
24an admission of the alleged facts in a petition brought under s. 48.13 or 48.133, the
1judge shall review the admission at the beginning of the dispositional hearing by
2addressing the parties and making the inquiries set forth in sub. (8).
AB380, s. 22
3Section
22. 48.32 (1) of the statutes is amended to read:
AB380,12,184
48.32
(1) At any time after the filing of a petition for a proceeding relating to
5s. 48.13 or 48.133 and before the entry of judgment, the judge or
juvenile a circuit 6court commissioner may suspend the proceedings and place the child or expectant
7mother under supervision in the home or present placement of the child or expectant
8mother. The court may establish terms and conditions applicable to the child and the
9child's parent, guardian or legal custodian, to the child expectant mother and her
10parent, guardian or legal custodian or to the adult expectant mother. The order
11under this section shall be known as a consent decree and must be agreed to by the
12child if 12 years of age or older, the parent, guardian or legal custodian, and the
13person filing the petition under s. 48.25; by the child expectant mother, her parent,
14guardian or legal custodian, the unborn child by the unborn child's guardian ad litem
15and the person filing the petition under s. 48.25; or by the adult expectant mother,
16the unborn child by the unborn child's guardian ad litem and the person filing the
17petition under s. 48.25. The consent decree shall be reduced to writing and given to
18the parties.
AB380, s. 23
19Section
23. 48.32 (2) (a) of the statutes is amended to read:
AB380,12,2220
48.32
(2) (a) A consent decree shall remain in effect up to 6 months unless the
21child, parent, guardian, legal custodian or expectant mother is discharged sooner by
22the judge or
juvenile circuit court commissioner.
AB380, s. 24
23Section
24. 48.32 (6) of the statutes is amended to read:
AB380,13,424
48.32
(6) The judge or
juvenile circuit court commissioner shall inform the child
25and the child's parent, guardian or legal custodian, or the adult expectant mother,
1in writing, of the right of the child or expectant mother to object to the continuation
2of the consent decree under sub. (3) and the fact that the hearing under which the
3child or expectant mother was placed on supervision may be continued to conclusion
4as if the consent decree had never been entered.
AB380, s. 25
5Section
25. 49.25 (8) (b) of the statutes is amended to read:
AB380,13,86
49.25
(8) (b) From the appropriation under s. 20.445 (3) (cb), the department
7shall provide funds to Milwaukee county to fund an additional
family circuit court
8commissioner
to assist in matters affecting the family.
AB380, s. 26
9Section
26. 49.852 (3) of the statutes is amended to read:
AB380,14,210
49.852
(3) If a person has requested a hearing pursuant to sub. (2) (b), the
11hearing shall be conducted before the circuit court that rendered the initial order to
12pay support. The court shall schedule a hearing within 10 business days after
13receiving a request for a hearing.
The family A circuit court commissioner may
14conduct the hearing. If the court determines that the person owes the amount
15specified in the statewide support lien docket under s. 49.854 (2) (b), the department
16of workforce development may direct the department of employe trust funds, the
17retirement system of any 1st class city, any retirement system established under
18chapter 201, laws of 1937, or the administrator of any other pension plan, whichever
19is appropriate, to withhold the amount from any lump sum payment from a pension
20plan that may be paid the person. If the court determines that the person does not
21owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b),
22the department of workforce development may not direct the department of employe
23trust funds, the retirement system of any 1st class city, any retirement system
24established under
chapter 201, laws of 1937, or the administrator of any other
1pension plan, whichever is appropriate, to withhold the amount from any lump sum
2payment from a pension plan that may be paid the person.
AB380, s. 27
3Section
27. 49.854 (2) (c) of the statutes is amended to read:
AB380,14,84
49.854
(2) (c)
Updating the statewide support lien docket. The department shall
5update the statewide support lien docket in response to orders issued by a court or
6family circuit court commissioner. The department shall periodically update the
7statewide support lien docket to reflect changes in the amounts of the liens contained
8in the docket.
AB380, s. 28
9Section
28. 49.854 (3) (ag) 2. of the statutes is amended to read:
AB380,14,2110
49.854
(3) (ag) 2. If the obligor disagrees with the determination of the
11department, the obligor may request a hearing with the court or a
family circuit court
12commissioner to review the department's determination. To request a hearing under
13this subdivision, the obligor shall make the request within 5 business days of the date
14of the department's determination under subd. 1. The obligor shall make the request
15in writing and shall mail or deliver a copy of the request to the county child support
16agency. If a timely request for a hearing is made under this subdivision, the court
17or
family circuit court commissioner shall hold the hearing within 15 business days
18of the request. If, at the hearing, the obligor establishes that the lien is not proper
19because of a mistake of fact, the court or
family
circuit court commissioner shall order
20the department to remove the lien from the statewide support lien docket or adjust
21the amount of the delinquent obligation.
AB380, s. 29
22Section
29. 49.854 (3) (ar) of the statutes is amended to read:
AB380,15,723
49.854
(3) (ar)
Direct appeal. If the obligor has not requested a financial
24records and court order review under par. (ag), the obligor may request a hearing
25under this paragraph within 20 business days of the date of the notice under par. (a).
1The obligor shall make the request in writing and shall mail or deliver a copy of the
2request to the county child support agency. If a timely request for a hearing is made
3under this paragraph, the court or
family circuit court commissioner shall schedule
4a hearing within 10 days after the date of the request. If, at the hearing, the obligor
5establishes that the lien is not proper because of a mistake of fact, the court or
family 6circuit court commissioner shall order the department to remove the lien from the
7statewide support lien docket or adjust the amount of the delinquent obligation.
AB380, s. 30
8Section
30. 49.854 (3) (b) of the statutes is amended to read:
AB380,15,169
49.854
(3) (b)
Appeal. If a
family circuit court commissioner conducts a hearing
10under par. (ag) or (ar), the department or the obligor may, within 15 business days
11after the date of the decision by the
family circuit court commissioner, request review
12of the decision by the court having jurisdiction over the action. The court conducting
13the review may order that the lien be withdrawn from the statewide support lien
14dockets or may order an adjustment of the amount of the delinquent obligation. If
15no appeal is sought or if the court does not order the withdrawal of the lien, the
16department may take appropriate actions to enforce the lien.
AB380, s. 31
17Section
31. 49.854 (5) (f) of the statutes is amended to read:
AB380,16,1318
49.854
(5) (f)
Hearings. A hearing requested under par. (d) 6. shall be
19conducted before the circuit court rendering the order to pay support. Within 45
20business days after receiving a request for hearing under par. (d) 6., the court shall
21conduct the hearing.
The family A circuit court commissioner may conduct the
22hearing. The hearing shall be limited to a review of whether the account holder owes
23the amount of support certified and whether any alternative payment arrangement
24offered by the department or the county child support agency is reasonable. If the
25court or
family circuit court commissioner makes a written determination that an
1alternative payment arrangement offered by the department or county child support
2agency is not reasonable, the court or
family circuit court commissioner may order
3an alternative payment arrangement. If the court or
family circuit court
4commissioner orders an alternative payment arrangement, the court or
family 5circuit court commissioner shall order the department to release all or a portion of
6the funds. If the court or
family circuit court commissioner determines that the
7account holder does not owe support or owes less than the amount claimed by the
8department, the court shall order the department to return the seized funds or the
9excess of the seized funds over the amount of the delinquency to the account holder.
10If a
family circuit court commissioner conducts the hearing under this paragraph,
11the department or the obligor may, within 15 business days after the date that the
12family circuit court commissioner makes his or her decision, request review of the
13decision by the court with jurisdiction over the action.
AB380, s. 32
14Section
32. 49.854 (6) (c) of the statutes is amended to read:
AB380,17,1515
49.854
(6) (c)
Hearing. If a hearing is requested under par. (b) 4., the court or
16family circuit court commissioner shall schedule a hearing within 10 business days
17after receiving the request under par. (b) 4. The hearing shall be limited to a review
18of whether the obligor owes the amount of support owed that is stated in the notice
19of seizure and whether any alternative payment arrangement offered by the
20department or the county child support agency is reasonable. If the court or
family 21circuit court commissioner makes a written determination that an alternative
22payment arrangement offered by the department or county child support agency is
23not reasonable, the court or
family circuit court commissioner may order an
24alternative payment arrangement. If the court or
family circuit court commissioner
25orders an alternative payment arrangement, the court or
family circuit court
1commissioner shall order the department to return the seized property within 15
2business days. If the court or
family circuit court commissioner determines that the
3obligor does not owe support or owes less than the amount claimed by the
4department, the court shall order the department to return the seized property
5within 15 business days or specify the amount which may be retained by the
6department after the sale of the seized property. If a
family circuit court
7commissioner conducts the hearing under this paragraph, the department or the
8obligor may, within 15 business days after the date that the
family circuit court
9commissioner makes his or her decision, request review of the decision by the court
10with jurisdiction over the action. The court reviewing the decision may order the
11department to return the seized property or may authorize the sale of the property
12by the department. If the department is ordered to return seized property under this
13paragraph, the court shall instruct any state agency responsible for titling the
14property that it may transfer title to the property without receiving instructions from
15a court or the department under par. (a).
AB380, s. 33
16Section
33. 49.854 (7) (c) of the statutes is amended to read:
AB380,18,1317
49.854
(7) (c)
Hearing. If a hearing is requested under par. (b) 1. c., the court
18or
family circuit court commissioner shall schedule a hearing within 10 business
19days after receiving the request under par. (b) 1. c. The hearing shall be limited to
20a review of whether the obligor owes the amount of support owed that is stated in the
21notice of intent under par. (b) and whether any alternative payment arrangement
22offered by the department or the county child support agency is reasonable. If the
23court or
family circuit court commissioner makes a written determination that an
24alternative payment arrangement offered by the department or county child support
25agency is not reasonable, the court or
family circuit court commissioner may order
1an alternative payment arrangement. If the court or
family circuit court
2commissioner orders an alternative payment arrangement, the court or
family 3circuit court commissioner shall order the department not to proceed with the levy.
4If the court or
family circuit court commissioner determines that the obligor does not
5owe support or owes less than the amount claimed by the department, the court shall
6order the department not to proceed with the levy or specify the amount that may
7be retained by the department after the sale of the seized property. If a
family circuit 8court commissioner conducts the hearing under this paragraph, the department or
9the obligor may, within 15 business days after the date that the
family circuit court
10commissioner makes his or her decision, request review of the decision by the court
11with jurisdiction over the action. The court reviewing the decision may order the
12department not to proceed with the levy of the property or may authorize the sale of
13the property by the department.
AB380, s. 34
14Section
34. 49.854 (7m) of the statutes is amended to read:
AB380,19,1115
49.854
(7m) Jointly held property. A person, other than the obligor, who holds
16a joint interest in property levied against under this section may request a hearing,
17as provided in subs. (5) (d) 6m., (6) (b) 3m. or (7) (b) 1. d., to determine the proportion
18of the value of the property that is attributable to his or her net contribution to the
19property. If a hearing is requested under this subsection, the court or
family circuit 20court commissioner shall schedule a hearing within 10 days after receiving the
21request. The hearing shall be limited to determining the proportion of the value of
22the property that is attributable to the person's net contribution to the property. If
23more than one person requests a hearing under this subsection, or if the obligor
24requests a hearing under sub. (5) (f), (6) (c) or (7) (c), with respect to the same
25property, the court or
family circuit court commissioner may schedule the hearings
1together. The person requesting the hearing shall have the burden of proving his or
2her net contribution by clear and convincing evidence. If the court determines that
3a portion of the jointly held property is attributable to the contributions of the person,
4the court shall direct the department or the county child support agency to pay the
5person, from the net balance of the jointly held account or the net proceeds of the sale
6of the jointly held real or personal property, the proportion of the gross value of the
7account or real or personal property that is attributable to that person. If
the family 8a circuit court commissioner conducts the hearing under this subsection, the person
9may, within 15 business days after the date that the
family circuit court
10commissioner makes his or her decision, request review of the decision by the court
11with jurisdiction over the action.
AB380,20,914
49.855
(3) Receipt of a certification by the department of revenue shall
15constitute a lien, equal to the amount certified, on any state tax refunds or credits
16owed to the obligor. The lien shall be foreclosed by the department of revenue as a
17setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
18that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
19obligor that the state intends to reduce any state tax refund or credit due the obligor
20by the amount the obligor is delinquent under the support or maintenance order, by
21the outstanding amount for past support, medical expenses or birth expenses under
22the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall
23provide that within 20 days the obligor may request a hearing before the circuit court
24rendering the order. Within 10 days after receiving a request for hearing under this
25subsection, the court shall set the matter for hearing. Pending further order by the
1court or
family a circuit court commissioner, the department of workforce
2development or its designee, whichever is appropriate, is prohibited from disbursing
3the obligor's state tax refund or credit.
The family
A circuit court commissioner may
4conduct the hearing. The sole issues at that hearing shall be whether the obligor
5owes the amount certified and, if not and it is a support or maintenance order,
6whether the money withheld from a tax refund or credit shall be paid to the obligor
7or held for future support or maintenance. An obligor may, within 20 days of
8receiving notice that the amount certified shall be withheld from his or her federal
9tax refund or credit, request a hearing under this subsection.
AB380,21,1012
49.855
(4m) (b) The department of revenue may provide a certification that it
13receives under sub. (1), (2m) or (2p) to the department of administration. Upon
14receipt of the certification, the department of administration shall determine
15whether the obligor is a vendor or is receiving any other payments from this state,
16except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1745.351 (1), this chapter or ch. 46, 108 or 301. If the department of administration
18determines that the obligor is a vendor or is receiving payments from this state,
19except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
2045.351 (1), this chapter or ch. 46, 108 or 301, it shall begin to withhold the amount
21certified from those payments and shall notify the obligor that the state intends to
22reduce any payments due the obligor by the amount the obligor is delinquent under
23the support or maintenance order, by the outstanding amount for past support,
24medical expenses or birth expenses under the court order or by the amount due under
25s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt
1of the notice the obligor may request a hearing before the circuit court rendering the
2order. An obligor may, within 20 days after receiving notice, request a hearing under
3this paragraph. Within 10 days after receiving a request for hearing under this
4paragraph, the court shall set the matter for hearing.
The family A circuit court
5commissioner may conduct the hearing. Pending further order by the court or
family 6circuit court commissioner, the department of workforce development or its designee,
7whichever is appropriate, may not disburse the payments withheld from the obligor.
8The sole issues at the hearing are whether the obligor owes the amount certified and,
9if not and it is a support or maintenance order, whether the money withheld shall be
10paid to the obligor or held for future support or maintenance.
AB380, s. 37
11Section
37. 49.856 (4) of the statutes is amended to read:
AB380,21,1612
49.856
(4) If the obligor requests a hearing under sub. (3) (b), the circuit court
13shall schedule a hearing within 10 business days after receiving the request. The
14only issue at the hearing shall be whether the person owes the delinquent payment
15or outstanding amount specified in the statewide support lien docket under s. 49.854
16(2) (b). A
family circuit court commissioner may conduct the hearing.
AB380, s. 38
17Section
38. 49.857 (2) (c) 1. of the statutes is amended to read:
AB380,21,2418
49.857
(2) (c) 1. The system shall provide for adequate notice to an individual
19who is delinquent in making court-ordered payments of support, an opportunity for
20the individual to make alternative arrangements for paying the delinquent support,
21an opportunity for the individual to request and obtain a hearing before a court or
22family circuit court commissioner as provided in sub. (3) and prompt reinstatement
23of the individual's license upon payment of the delinquent support or upon making
24satisfactory alternative payment arrangements.
AB380, s. 39
25Section
39. 49.857 (3) (ac) of the statutes is amended to read:
AB380,22,7
149.857
(3) (ac) 1. If an individual timely requests a hearing under par. (a) 5.,
2the court shall schedule a hearing within 10 business days after receiving the
3request.
The family A circuit court commissioner may conduct the hearing. The only
4issues at the hearing shall be whether the individual is delinquent in making
5court-ordered payments of support and whether any alternative payment
6arrangement offered by the department of workforce development or the county child
7support agency is reasonable.
AB380,22,138
2. If at a hearing under subd. 1. the court or
family
circuit court commissioner
9finds that the individual does not owe delinquent support, or if within 20 business
10days after receiving a notice under par. (a) the individual pays the delinquent
11amount in full or makes satisfactory alternative payment arrangements, the
12department of workforce development
shall may not place the individual's name on
13a certification list.
AB380,22,2014
3. If at a hearing under subd. 1. the court or
family
circuit court commissioner
15makes a written determination that alternative payment arrangements proposed by
16the department of workforce development or a child support agency are not
17reasonable, the court or
family circuit court commissioner may order for the
18individual an alternative payment arrangement. If the court or
family circuit court
19commissioner orders an alternative payment arrangement, the department of
20workforce development may not place the individual's name on a certification list.
AB380, s. 40
21Section
40. 49.857 (3) (ar) of the statutes is amended to read:
AB380,23,322
49.857
(3) (ar) 1. If an individual timely requests a hearing under par. (am) 5.,
23the court shall schedule a hearing within 10 business days after receiving the
24request.
The family A circuit court commissioner may conduct the hearing. The only
25issues at the hearing shall be whether the individual is delinquent in making
1court-ordered payments of support and whether any alternative payment
2arrangement offered by the department of workforce development or the county child
3support agency is reasonable.
AB380,23,94
2. If at a hearing under subd. 1. the court or
family
circuit court commissioner
5finds that the individual does not owe delinquent support, or if within 20 business
6days after receiving a notice under par. (am) the individual pays the delinquent
7amount in full or makes satisfactory alternative payment arrangements, the
8department of workforce development shall remove the individual's name from the
9certification list.
AB380,23,1610
3. If at a hearing under subd. 1. the court or
family
circuit court commissioner
11makes a written determination that alternative payment arrangements proposed by
12the department of workforce development or a child support agency are not
13reasonable, the court or
family circuit court commissioner may order for the
14individual an alternative payment arrangement. If the court or
family circuit court
15commissioner orders an alternative payment arrangement, the department of
16workforce development may not place the individual's name on a certification list.
AB380, s. 41
17Section
41. 49.858 (3) of the statutes is amended to read:
AB380,23,2318
49.858
(3) Review of family circuit court commissioner decisions. If a
family 19circuit court commissioner conducts a hearing in any administrative support
20enforcement proceeding under s. 49.852, 49.856 or 49.857, the department of
21workforce development or the obligor may, within 15 business days after the date
22that the
family circuit court commissioner makes his or her decision, request review
23of the decision by the court with jurisdiction over the matter.
AB380, s. 42
24Section
42. 51.10 (4m) (d) of the statutes is amended to read:
AB380,24,10
151.10
(4m) (d) If a patient admitted under par. (a) 1. has not signed a voluntary
2admission application within 7 days after admission, the patient, the guardian ad
3litem and the physician who signed the admission request shall appear before the
4judge or
a circuit court commissioner
of the court assigned to exercise probate
5jurisdiction for the county in which the facility is located to determine whether the
6patient shall remain in the facility as a voluntary patient. If the judge or
circuit court
7commissioner determines that the patient desires to leave the facility, the facility
8shall discharge the patient. If the facility has reason to believe the patient is eligible
9for commitment under s. 51.20, the facility may initiate procedures for involuntary
10commitment.
AB380, s. 43
11Section
43. 51.20 (1) (c) of the statutes is amended to read:
AB380,25,512
51.20
(1) (c) The petition shall contain the names and mailing addresses of the
13petitioners and their relation to the subject individual, and shall also contain the
14names and mailing addresses of the individual's spouse, adult children, parents or
15guardian, custodian, brothers, sisters, person in the place of a parent and person
16with whom the individual resides or lives. If this information is unknown to the
17petitioners or inapplicable, the petition shall so state. The petition may be filed in
18the court assigned to exercise probate jurisdiction for the county where the subject
19individual is present or the county of the individual's legal residence. If the judge of
20the court or a
circuit court commissioner who handles probate matters is not
21available, the petition may be filed and the hearing under sub. (7) may be held before
22a judge or
circuit court commissioner of any circuit court for the county. For the
23purposes of this chapter, duties to be performed by a court shall be carried out by the
24judge of the court or a
circuit court commissioner of the court who is
an attorney and
25is designated by the
chief judge to so act, in all matters prior to a final hearing under
1this section. The petition shall contain a clear and concise statement of the facts
2which constitute probable cause to believe the allegations of the petition. The
3petition shall be sworn to be true. If a petitioner is not a petitioner having personal
4knowledge as provided in par. (b), the petition shall contain a statement providing
5the basis for his or her belief.
AB380, s. 44
6Section
44. 51.45 (12) (b) (intro.) of the statutes is amended to read:
AB380,25,117
51.45
(12) (b) (intro.) The physician, spouse, guardian or a relative of the person
8sought to be committed, or any other responsible person, may petition a
circuit court
9commissioner or the circuit court of the county in which the person sought to be
10committed resides or is present for commitment under this subsection. The petition
11shall:
AB380, s. 45
12Section
45. 51.45 (12) (c) (intro.) of the statutes is amended to read:
AB380,25,1413
51.45
(12) (c) (intro.) Upon receipt of a petition under par. (b), the
circuit court
14commissioner or court shall:
AB380, s. 46
15Section
46. 51.45 (12) (c) 1. of the statutes is amended to read:
AB380,25,2116
51.45
(12) (c) 1. Determine whether the petition and supporting affidavits
17sustain the grounds for commitment and dismiss the petition if the grounds for
18commitment are not sustained thereby. If the grounds for commitment are sustained
19by the petition and supporting affidavits, the court or
circuit court commissioner
20shall issue an order temporarily committing the person to the custody of the county
21department pending the outcome of the preliminary hearing under sub. (13) (d).
AB380, s. 47
22Section
47. 51.45 (13) (dm) of the statutes is amended to read:
AB380,26,223
51.45
(13) (dm) For the purposes of this section, duties to be performed by a
24court shall be carried out by the judge of such court or a
circuit court commissioner
1of such court who is
an attorney and is designated by the
chief judge to so act, in all
2matters prior to a final hearing under this subsection.
AB380, s. 48
3Section
48. 59.37 of the statutes is amended to read:
AB380,26,15
459.37 Service when no coroner. Whenever there is a vacancy in the office
5of coroner, or when the coroner is absent from the county, sick or unable to perform
6the duties of that office, or for any reason, except the nonpayment of legal fees,
7refuses to serve and execute legal process against the sheriff in any action
8commenced in any court of record within the county for which the coroner was or
9should have been elected, any judge of a court of record or
circuit court commissioner
10of the county may, on proof of the vacancy, sickness, absence or refusal to serve and
11execute such process, by an order to be endorsed on such process and addressed to
12him or her, empower any citizen of the county in which such process is to be served
13and executed to serve and execute the same; and that order shall be sufficient
14authority to the person therein named to serve and execute such process with like
15powers, liabilities and fees as the coroner.
AB380,27,718
59.53
(5) (a) The board shall contract with the department of workforce
19development to implement and administer the child and spousal support and
20establishment of paternity and the medical support liability programs provided for
21by Title IV of the federal social security act. The board may designate by board
22resolution any office, officer, board, department or agency, except the clerk of circuit
23court, as the county child support agency. The board or county child support agency
24shall implement and administer the programs in accordance with the contract with
25the department of workforce development. The attorneys responsible for support
1enforcement under sub. (6) (a),
family circuit court
commissioner commissioners and
2all other county officials shall cooperate with the county and the department of
3workforce development as necessary to provide the services required under the
4programs. The county shall charge the fee established by the department of
5workforce development under s. 49.22 for services provided under this paragraph to
6persons not receiving benefits under s. 49.148 or 49.155 or assistance under s.
746.261, 49.19 or 49.47.
AB380, s. 50
8Section
50. 59.53 (5m) (a) of the statutes is amended to read:
AB380,27,169
59.53
(5m) (a) Subject to approval of the department of workforce development
10under par. (am), designate by resolution any office, officer, board, department or
11agency as the county support collection designee to receive and disburse child and
12spousal support payments ordered by the court under s. 948.22 (7) and child and
13family support payments and maintenance payments ordered by the court or
the
14family a circuit court commissioner under ch. 767 or ordered by a court in another
15county or jurisdiction but enforced or received by the court of the support collection
16designee's county.
AB380, s. 51
17Section
51. 59.64 (1) (c) (title), 1. (intro.) and 2. of the statutes are amended
18to read:
AB380,27,2419
59.64
(1) (c) (title)
Of circuit and supplemental court commissioners. 1. (intro.)
20Court Circuit and supplemental court commissioners shall, on or before the first
21Monday of November in each year, forward to the clerk of their respective counties
22a correct statement of all actions or proceedings had before them, during the
23immediately preceding year, in which the county became liable for costs. The
24statement shall include all of the following:
AB380,28,6
12. The clerk shall file the statements described in subd. 1. in his or her office.
2Any
circuit or supplemental court commissioner who neglects to make and return the
3statements within the time prescribed in subd. 1. shall not receive any compensation
4from the county for any service rendered by him or her in any criminal case or
5proceeding during the year next preceding the time when the statement is required
6to be made and returned.
AB380, s. 52
7Section
52. 59.64 (1) (d) (intro.) of the statutes is amended to read:
AB380,28,118
59.64
(1) (d)
Of court officers; certification; audit by district attorney; waiver. 9(intro.) Fees of officers, in any action or proceeding before a
circuit or supplemental 10court commissioner, shall be certified to and allowed by the board in the following
11manner:
AB380, s. 53
12Section
53. 59.64 (1) (d) 1. (intro.) of the statutes is amended to read:
AB380,28,1913
59.64
(1) (d) 1. (intro.) At least 10 days before the annual meeting of the board,
14every
circuit and supplemental court commissioner shall make and file with the clerk
15a certified statement of all actions or proceedings had or tried before him or her
16within the year next preceding the date of the statement in which the state was a
17party and in which the county became liable for the fees of officers who appeared on
18the part of either the state or a defendant. The statement shall include all of the
19following:
AB380, s. 54
20Section
54. 59.64 (1) (e) of the statutes is amended to read:
AB380,29,221
59.64
(1) (e)
Fees for statements and certificates. Every
circuit or supplemental 22court commissioner shall receive from the treasurer $1 per page for making
23statements and returns required by par. (c) and $1 for making each certificate
24required by par. (d). All such statements and certificates shall be transmitted to the
1clerk by certified mail and for transmitting the statements and certificates the
circuit
2or supplemental court commissioner shall receive $1.
AB380, s. 55
3Section
55. 59.64 (1) (f) of the statutes is amended to read:
AB380,29,74
59.64
(1) (f)
Court Circuit and supplemental court commissioners. The board
5at any session thereof may as provided in par. (d) 2. examine and allow any
6statement, account or claim of any
circuit or supplemental court commissioner which
7is on file with the clerk before the opening of the session of the board.
AB380, s. 56
8Section
56. 59.64 (1) (g) 4. of the statutes is amended to read:
AB380,29,139
59.64
(1) (g) 4. Any judge or
circuit or supplemental court commissioner, juror,
10witness, interpreter, attorney, guardian ad litem or recipient of transcript fees who
11makes, signs or endorses any such certificate or order which is untrue in respect to
12anything material, which he or she knows to be false, or which he or she does not have
13good reason to believe is true, shall be punished as provided in s. 946.12.
AB380, s. 57
14Section
57. 59.79 (5) of the statutes is amended to read:
AB380,29,2015
59.79
(5) Fee for certain marriage ceremonies. Enact an ordinance imposing
16a fee to be paid in advance to the clerk for each marriage ceremony performed by a
17judge or a
circuit or supplemental court commissioner specified in s. 765.16 (5) in the
18courthouse, safety building or children's court center during hours when any office
19in those public buildings is open for the transaction of business. The amount of the
20fee shall be determined by the board.
AB380, s. 58
21Section
58. 63.03 (2) (z) of the statutes is amended to read:
AB380,29,2322
63.03
(2) (z)
Full-time Circuit court commissioners under s. 757.68 (1)
23employed on a full-time basis.
AB380, s. 59
24Section
59. 69.15 (3m) (a) 3. and 4. of the statutes are amended to read:
AB380,30,5
169.15
(3m) (a) 3. Except as provided in subd. 4, the person rescinding the
2statement files the document under subd. 2. before the day on which a court or
family 3circuit court commissioner makes an order in an action affecting the family involving
4the man who signed the statement and the child who is the subject of the statement
5or before 60 days elapse after the statement was filed, whichever occurs first.
AB380,30,116
4. If the person rescinding the statement was under age 18 when the statement
7was filed, the person files the document under subd. 2. before the day on which a
8court or
family circuit court commissioner makes an order in an action affecting the
9family involving the man who signed the statement as the father of the registrant
10and the child who is the subject of the statement or before 60 days elapse after the
11person attains age 18, whichever occurs first.
AB380, s. 60
12Section
60. 75.43 of the statutes is amended to read:
AB380,31,2
1375.43 Election to receive deposit; costs. The county may, at any time
14within 20 days after receiving an answer showing that a deposit has been made by
15any defendant or defendants as provided in s. 75.42, give notice to such defendant
16or defendants that it elects to receive such deposit and that it will, at a time specified
17in such notice, apply to the clerk of the circuit court, circuit judge or a
circuit court
18commissioner to adjust the costs and disbursements which said defendant or
19defendants ought to pay, and that upon the payment of the costs and disbursements
20so adjudged the county will release to such defendant or defendants all right, title
21and claim which it has to the parcel or parcels of land on account of which
such the 22deposit is made by virtue of any deed made for the nonpayment of taxes; and unless
23such the costs are paid within 20 days after the same shall have been so adjusted the
24clerk of the court shall, upon presentation of an affidavit showing the nonpayment
1thereof, enter judgment therefor in favor of the county and against the defendant,
2which shall be enforced as other money judgments.