2001 Wisconsin Act 103

Note: Conforms capitalization to current style.

103,296 Section 296. 757.83 (1) (a) of the statutes is amended to read:

757.83 (1) (a) There is created a judicial commission of 9 members: 5 nonlawyers nominated by the governor and appointed with the advice and consent of the senate; one trial judge of a court of record and one court of appeals judge appointed by the supreme court; and 2 members of the state bar State Bar of Wisconsin, who are not judges or court commissioners, appointed by the supreme court. The commission shall elect one of its members as chairperson.

Note: Conforms capitalization to current style.

103,297 Section 297. 757.83 (4) of the statutes is amended to read:

757.83 (4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the state bar State Bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

Note: Conforms capitalization to current style.

103,298 Section 298. 758.13 (3) (b) of the statutes is amended to read:

758.13 (3) (b) The council may promulgate and modify rules for the conduct of its proceedings in the exercise of its powers. The council may meet at such time and place as it determines but at least once every 3 months. It shall meet upon call of the chairperson or a call signed by 5 members of the council. Nine Eleven members shall constitute a quorum.

Note: Under s. 758.13 (1), the judicial council has 21 members, thus requiring 11 members for a quorum, not 9.

103,299 Section 299. 779.32 (8) (a) 2. of the statutes is amended to read:

779.32 (8) (a) 2. The person owing the commission or compensation pays an amount equal to 125% of the commission or compensation owed into the trust account of the broker or the trust account of any attorney who does not represent any party to the dispute and who is in good standing with the state bar State Bar of Wisconsin. The moneys shall be held in escrow until disbursed pursuant to the written mutual agreement of the parties or pursuant to a court order.

Note: Conforms capitalization to current style.

103,300 Section 300. 788.04 (2) (a) of the statutes is amended to read:

788.04 (2) (a) One arbitrator shall be appointed by the court from a list of attorneys with trial experience. The list shall be prepared and periodically revised by the state bar State Bar of Wisconsin.

Note: Conforms capitalization to current style.

103,301 Section 301. 803.03 (2) (b) of the statutes is renumbered 803.03 (2) (b) 1. (intro.) and amended to read:

803.03 (2) (b) 1. (intro.) Any party joined pursuant to par. (a) may 1. participate do any of the following:

a. Participate in the prosecution of the action, 2. agree.

b. Agree to have his or her interest represented by the party who caused the joinder, or 3. move.

c. Move for dismissal with or without prejudice.

2. If the party joined chooses to participate in the prosecution of the action, the party joined shall have an equal voice with other claimants in such the prosecution.

3. Except as provided in par. (bm), if the party joined chooses to have his or her interest represented by the party who caused the joinder, the party joined shall sign a written waiver of the right to participate which that shall express consent to be bound by the judgment in the action. Such The waiver shall become binding when filed with the court, but a party may withdraw the waiver upon timely motion to the judge to whom the case has been assigned with notice to the other parties. A party who represents the interest of another party and who obtains a judgment favorable to such the other party may be awarded reasonable attorneys fees by the court.

4. If the party joined moves for dismissal without prejudice as to his or her claim, the party shall demonstrate to the court that it would be unjust to require the party to prosecute the claim with the principal claim. In determining whether to grant the motion to dismiss, the court shall weigh the possible prejudice to the movant against the state's interest in economy of judicial effort.

Note: Subdivides provision to conform numbering with current style and to improve readability. Replaces disfavored terms.

103,302 Section 302. 814.60 (2) (intro.), (a) and (ag) of the statutes are amended to read:

814.60 (2) (intro.) In addition to any fine imposed, a defendant shall be required to pay any applicable of the following that applies:

(a) Penalty The penalty assessment imposed by s. 757.05;.

(ag) Jail The jail assessment imposed by s. 302.46 (1);.

Note: Conforms the form of the (intro.), paragraph beginnings, and punctuation to current style.

103,303 Section 303. 814.60 (2) (ai) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

814.60 (2) (ai) Consumer The consumer protection assessment imposed by s. 100.261.

Note: Conforms the form of the paragraph beginning to current style.

103,304 Section 304. 814.60 (2) (am) to (d) of the statutes are amended to read:

814.60 (2) (am) Crime The crime victim and witness assistance surcharge imposed by s. 973.045;.

(an) Crime The crime laboratories and drug law enforcement assessment imposed under s. 165.755.

(ap) Deoxyribonucleic The deoxyribonucleic acid analysis surcharge imposed by s. 973.046;.

(b) Domestic The domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055;.

(bm) Uninsured The uninsured employer assessment imposed by s. 102.85 (4);.

(c) Driver The driver improvement surcharge imposed by s. 346.655;.

(cg) Enforcement The enforcement assessment imposed by s. 253.06 (4) (c).

(cn) Drug The drug abuse program improvement surcharge imposed by s. 961.41 (5).

(cs) Environmental The environmental assessment imposed by s. 299.93.

(d) Natural The natural resources assessment imposed by s. 29.987; and.

Note: Conforms the form of the paragraph beginnings and punctuation to current style.

103,305 Section 305. 814.60 (2) (e) of the statutes, as affected by 2001 Wisconsin Act 56, is amended to read.

814.60 (2) (e) Natural The natural resources restitution payment imposed by s. 169.46 (2) or 29.989.

Note: Conforms the form of the paragraph beginning to current style.

103,306 Section 306. 814.60 (2) (eg) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

814.60 (2) (eg) Truck The truck driver education assessment imposed by s. 349.04.

Note: Conforms the form of the paragraph beginning to current style.

103,307 Section 307. 814.60 (2) (em) and (f) of the statutes are amended to read:

814.60 (2) (em) Wild The wild animal protection assessment imposed by s. 29.983.

(f) Weapons The weapons assessment imposed by s. 167.31 (5).

Note: Conforms the form of the paragraph beginnings to current style.

103,308 Section 308. 840.10 (1) (b) of the statutes is amended to read:

840.10 (1) (b) A lis pendens that is prepared by a member of the state bar State Bar of Wisconsin need not be authenticated.

Note: Conforms capitalization to current style.

103,309 Section 309. 893.36 (1) of the statutes is renumbered 893.36 (1m).

Note: Accommodates the renumbering of a definition to the beginning of the section, consistent with current style. See the next two sections of this bill.

103,310 Section 310. 893.36 (2) of the statutes is amended to read:

893.36 (2) This section does not apply to actions based upon a sale of livestock occurring prior to April 3, 1980, nor to an action by a secured party against its debtor. Section 893.35 or 893.51 applies to any action described in sub. (1) (1m) if the limitation described in sub. (1) (1m) is not applicable.

Note: Sub. (1) is renumbered to sub. (1m) by this bill.

103,311 Section 311. 893.36 (3) of the statutes, as affected by 2001 Wisconsin Act 10, is renumbered 893.36 (1g).

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

103,312 Section 312. 938.23 (1) of the statutes is renumbered 938.23 (1m).

Note: Accommodates the renumbering of s. 938.23 (6) to 938.23 (1g) by the next section of the bill.

103,313 Section 313. 938.23 (6) of the statutes is renumbered 938.23 (1g) and amended to read:

938.23 (1g) Definition. For the purposes of In this section, "counsel" means an attorney acting as adversary counsel who shall advance and protect the legal rights of the party represented, and who may not act as guardian ad litem for any party in the same proceeding.

Note: Renumbers a definition provision to the beginning of the section, consistent with current style.

103,314 Section 314. 938.357 (1) of the statutes is renumbered 938.357 (1) (a) and amended to read:

938.357 (1) (a) The person or agency primarily responsible for implementing the dispositional order or the district attorney may request a change in the placement of the juvenile, whether or not the change requested is authorized in the dispositional order, and shall cause written notice to be sent to the juvenile or the juvenile's counsel or guardian ad litem, the parent, guardian, and legal custodian of the juvenile, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2), guardian and legal custodian of the juvenile. The notice shall contain the name and address of the new placement, the reasons for the change in placement, a statement describing why the new placement is preferable to the present placement, and a statement of how the new placement satisfies objectives of the treatment plan ordered by the court.

(b) Any person receiving the notice under this subsection par. (a) or notice of the a specific foster or treatment foster placement under s. 938.355 (2) (b) 2. may obtain a hearing on the matter by filing an objection with the court within 10 days after receipt of the notice. Placements shall may not be changed until 10 days after such that notice is sent to the court unless the parent, guardian, or legal custodian and the juvenile, if 12 or more years of age, sign written waivers of objection, except that placement changes which that were authorized in the dispositional order may be made immediately if notice is given as required in this subsection under par. (a). In addition, a hearing is not required for placement changes authorized in the dispositional order except where when an objection filed by a person who received notice alleges that new information is available which that affects the advisability of the court's dispositional order.

Note: Subdivides provision for improved readability.

103,315 Section 315. 938.357 (2) of the statutes is amended to read:

938.357 (2) If emergency conditions necessitate an immediate change in the placement of a juvenile placed outside the home, the person or agency primarily responsible for implementing the dispositional order may remove the juvenile to a new placement, whether or not authorized by the existing dispositional order, without the prior notice provided in sub. (1) (a). The notice shall, however, be sent within 48 hours after the emergency change in placement. Any party receiving notice may demand a hearing under sub. (1) (b). In emergency situations, the a juvenile may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 20 days, as well as in any placement authorized under s. 938.34 (3).

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) by this bill.

103,316 Section 316. 938.357 (2m) of the statutes is renumbered 938.357 (2m) (a) and amended to read:

938.357 (2m) (a) The juvenile, the parent, guardian , or legal custodian of the juvenile, or any person or agency primarily bound by the dispositional order, other than the person or agency responsible for implementing the order, may request a change in placement under this subsection paragraph. The request shall contain the name and address of the place of the new placement requested and shall state what new information is available which that affects the advisability of the current placement. This The request shall be submitted to the court. In addition, the court may propose a change in placement on its own motion.

(b) The court shall hold a hearing on the matter prior to ordering any change in placement requested or proposed under this subsection par. (a) if the request states that new information is available which that affects the advisability of the current placement, unless written waivers of objection to the proposed change in placement are signed by all parties entitled to receive notice under sub. (1) (a) and the court approves. If a hearing is scheduled, the court shall notify the juvenile, the parent, guardian, and legal custodian of the juvenile, any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the juvenile, and all parties who are bound by the dispositional order at least 3 days prior to the hearing. A copy of the request or proposal for the change in placement shall be attached to the notice. If all of the parties consent, the court may proceed immediately with the hearing.

Note: Subdivides provision for improved readability.

103,317 Section 317. 938.357 (2r) of the statutes is amended to read:

938.357 (2r) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would remove a juvenile from a foster home, treatment foster home, or other placement with a physical custodian described in s. 48.62 (2), the court shall give the foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing or to submit a written statement prior to the hearing relating to the juvenile and the requested change in placement. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (b) or (2m) (b) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.

Note: Corrects cross-references to conform to the renumbering and amendment of s. 938.357 (1) and (2m) by this bill.

103,318 Section 318. 938.357 (2v) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

938.357 (2v) If a hearing is held under sub. (1) (b) or (2m) (b) and the change in placement would place the juvenile outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by the person or agency or, if the juvenile is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the juvenile's placement.

Note: Corrects cross-reference to conform to the renumbering and amendment of s. 938.357 (1) and (2m).

103,319 Section 319. 938.357 (3) of the statutes is amended to read:

938.357 (3) Subject to sub. subs. (4) (b) and (c) and (5) (e), if the proposed change in placement would involve placing a juvenile in a secured correctional facility, a secured child caring institution, or a secured group home, notice shall be given as provided in sub. (1) (a). A hearing shall be held, unless waived by the juvenile, parent, guardian, and legal custodian, before the judge makes a decision on the request. The juvenile shall be entitled to counsel at the hearing, and any party opposing or favoring the proposed new placement may present relevant evidence and cross-examine witnesses. The proposed new placement may be approved only if the judge finds, on the record, that the conditions set forth in s. 938.34 (4m) have been met.