1. Except as provided in subds. 3. and 4., the court shall revoke the person's
operating privilege under this paragraph according to the number of previous
suspensions, revocations or convictions that would be counted under s. 343.307 (1).
Suspensions, revocations and convictions arising out of the same incident shall be
counted as one. If a person has a conviction, suspension or revocation for any offense that
is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as
a prior conviction, suspension or revocation under this subdivision.
Note: There is no conflict of substance. As merged by the Revisor, s. 343.31 (3) (bm)
1. reads:
1. Except as provided in subds. 3. and 4., the department shall revoke the person's
operating privilege under this paragraph according to the number of previous
suspensions, revocations or convictions that would be counted under s. 343.307 (1).
Suspensions, revocations and convictions arising out of the same incident shall be
counted as one. If a person has a conviction, suspension or revocation for any offense that
is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as
a prior conviction, suspension or revocation under this subdivision.
Note: There is no conflict of substance. As merged by the Revisor, s. 343.315 (4)
reads:
(4) Notification and commencement. The department shall send the notice of
disqualification by 1st class mail to a person's last-known residence address. A period
of disqualification ordered under this section commences on the date on which the notice
is sent under this subsection. This subsection does not apply to disqualifications under
sub. (2) (g).
AB512, s. 111
7Section
111. 455.02 (2m) (L) of the statutes is amended to read:
AB512,32,48
455.02
(2m) (L) A mental health professional who has met all of the
9qualifications under s.
HSS HFS 61.96, Wis. adm. code, for employment as a mental
10health professional in an outpatient psychotherapy clinic certified by the
11department of health and family services under s.
HSS
HFS 61.95, Wis. adm. code,
1if the person is performing activities that are a part of the duties for which he or she
2is employed by such a certified outpatient psychotherapy clinic and is performing
3those activities solely within the confines of or under the jurisdiction of the clinic by
4which he or she is employed.
Note: Inserts correct citation.
AB512, s. 112
5Section
112. 562.05 (8m) 1. and 2. of the statutes are renumbered 562.05 (8m)
6(a) and (b).
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Conforms
numbering to current style.
AB512, s. 113
7Section
113. 607.03 of the statutes is amended to read:
AB512,32,15
8607.03 Nature of fund. Unless expressly provided otherwise, the life fund is
9subject as an insurer to chs. 600 to 646, except for chs. 610 to 618, 645
, and 646, and
10is subject to all other laws applicable to insurers issuing life insurance, specifically
11including of the soldiers' and sailors' civil relief act of 1940
(, P.L.
861-76th congress) 1276-861, and amendments thereto or reenactments thereof. Any policy entitled to
13benefits under that act shall be deemed amended to conform thereto. This
subsection 14section shall remain in force concurrently with that act of congress and amendments
15thereto or reenactments thereof.
Note: Corrects citation form.
Note: There is no conflict of substance. As merged by the Revisor, s. 615.03 (1) (c)
reads:
(c) A natural person who issues such an annuity to a relative by blood, marriage
or adoption within the 3rd degree of kinship as computed according to s. 990.001 (16).
AB512, s. 115
18Section
115. 628.02 (3) of the statutes is amended to read:
AB512,33,219
628.02
(3) Insurance broker. An intermediary is an insurance broker if the
20intermediary acts in the procuring of insurance on behalf of an applicant for
1insurance
of or an insured, and does not act on behalf of the insurer except by
2collecting premiums or performing other ministerial acts.
Note: Corrects an error in transcribing Laws of 1975, ch. 371, which created this
provision.
Note: There is no conflict of substance. As merged by the Revisor, s. 631.07 (3) (am)
reads:
(am) Insurance for persons in international public service. The commissioner may
promulgate rules permitting issuance of insurance for a limited term on the life or health
of a person serving outside the continental United States in the public service of the
United States, provided the policyholder is closely related by blood, marriage or adoption
to the person whose life or health is insured.
AB512, s. 117
6Section
117. 632.745 (10) (a) of the statutes is amended to read:
AB512,33,127
632.745
(10) (a) An employee welfare plan, as defined in section 3 (1) of the
8federal Employee Retirement
Income Security Act of 1974, to the extent that the
9employee welfare plan provides medical care, including items and services paid for
10as medical care, to employees or to their dependents, as defined under the terms of
11the employee welfare plan, directly or through insurance, reimbursement
, or
12otherwise.
Note: Corrects title to federal act.
AB512, s. 118
13Section
118. 753.06 (1) (a) of the statutes is amended to read:
AB512,33,1514
753.06
(1) (a) Milwaukee County. The circuit has
46 branches. Commencing
15August 1, 1999, the circuit has 47 branches.
Note: Deletes obsolete transition provision.
AB512, s. 119
16Section
119. 753.06 (3) (a) of the statutes is amended to read:
AB512,33,1817
753.06
(3) (a) Jefferson County. The circuit has
3 branches. Commencing
18August 1, 1999, the circuit has 4 branches.
Note: Deletes obsolete transition provision.
AB512, s. 120
1Section
120. 753.06 (4) (b) of the statutes is amended to read:
AB512,34,32
753.06
(4) (b) Fond du Lac County. The circuit has
4 branches. Commencing
3August 1, 1999, the circuit has 5 branches.
Note: Deletes obsolete transition provision.
AB512, s. 121
4Section
121. 753.06 (8) (e) of the statutes is amended to read:
AB512,34,65
753.06
(8) (e) Oconto County. The circuit has
one branch. Commencing August
61, 1998, the circuit has 2 branches.
Note: Deletes obsolete transition provision.
AB512, s. 122
7Section
122. 753.06 (8) (g) of the statutes is amended to read:
AB512,34,98
753.06
(8) (g) Waupaca County. The circuit has
2 branches. Commencing
9August 1, 2000, the circuit has 3 branches.
Note: Deletes obsolete transition provision.
AB512, s. 123
10Section
123. 753.06 (9) (g) of the statutes is amended to read:
AB512,34,1211
753.06
(9) (g) Marathon County. The circuit has
4 branches. Commencing
12August 1, 1999, the circuit has 5 branches.
Note: Deletes obsolete transition provision.
AB512, s. 124
13Section
124. 767.267 (1) of the statutes is amended to read:
AB512,35,1014
767.267
(1) If the court or the family court commissioner determines that
15income withholding under s. 767.265 is inapplicable, ineffective
, or insufficient to
16ensure payment under an order or stipulation specified in s. 767.265 (1), or that
17income withholding under s. 767.25 (4m) (c) is inapplicable, ineffective
, or
18insufficient to ensure payment of a child's health care expenses, including payment
19of health insurance premiums, ordered under s. 767.25 (4m)
or 767.51 (3m), the court
20or family court commissioner may require the payer to identify or establish a deposit
21account, owned in whole or in part by the payer, that allows for periodic transfers of
22funds and to file with the financial institution at which the account is located an
1authorization for transfer from the account to the department or its designee,
2whichever is appropriate. The authorization shall be provided on a standard form
3approved by the court and shall specify the frequency and the amount of transfer,
4sufficient to meet the payer's obligation under the order or stipulation, as required
5by the court or family court commissioner. The authorization shall include the
6payer's consent for the financial institution or an officer, employee
, or agent of the
7financial institution to disclose information to the court, family court commissioner,
8county child support agency under s. 59.53 (5), department
, or department's designee
9regarding the account for which the payer has executed the authorization for
10transfer.
AB512, s. 125
11Section
125. 767.50 (1) of the statutes is amended to read:
AB512,36,712
767.50
(1) The trial shall be divided into 2 parts. The first part shall deal with
13the determination of paternity. The 2nd part shall deal with child support, legal
14custody, periods of physical placement
, and related issues. At the first part of the
15trial, the main issue shall be whether the alleged or presumed father is or is not the
16father of the mother's child, but if the child was born to the mother while she was the
17lawful wife of a specified man there shall first be determined, as provided in s. 891.39,
18the prior issue of whether the husband was not the father of the child. The first part
19of the trial shall be by jury only if the defendant verbally requests a jury trial either
20at the initial appearance or pretrial hearing or requests a jury trial in writing prior
21to the pretrial hearing. The court may direct, and if requested by either party, before
22the introduction of any testimony in the party's behalf, shall direct the jury, in cases
23where there is a jury, to find a special verdict as to any of the issues specified in this
24section except that the court shall make all the findings enumerated in s. 767.51 (2)
1to
(5) (4). If the mother is dead, becomes insane, cannot be found within the
2jurisdiction
, or fails to commence or pursue the action, the proceeding does not abate
3if any of the persons under s. 767.45 (1) makes a motion to continue. The testimony
4of the mother taken at the pretrial hearing may in any such case be read in evidence
5if it is competent, relevant
, and material. The issues of child support, custody and
6visitation
, and related issues shall be determined by the court either immediately
7after the first part of the trial or at a later hearing before the court.
AB512, s. 126
8Section
126. 779.155 (5) (a) of the statutes is amended to read:
AB512,36,159
779.155
(5) (a) For the purpose of administering this section, sworn statements
10of the contractor setting forth the unpaid lien claims that have been
or may be filed
11under s. 779.15 may be accepted by the proper officer, board, department
, or
12commission, unless the judgment creditor or other interested person gives written
13notice that an action is pending to determine whether specified lien claims were
14incurred in performing the public work and the amount thereof, or to determine
15priorities in which event payments shall await the result of the action.
Note: 1999 Wis. Act 185 inserted the underscored text without showing it as
underscored. The change was intended.
Note: There is no conflict of substance. As merged by the Revisor, s. 788.01 reads:
788.01 Arbitration clauses in contracts enforceable. A provision in any
written contract to settle by arbitration a controversy thereafter arising out of the
contract, or out of the refusal to perform the whole or any part of the contract, or an
agreement in writing between 2 or more persons to submit to arbitration any controversy
existing between them at the time of the agreement to submit, shall be valid, irrevocable
and enforceable except upon such grounds as exist at law or in equity for the revocation
of any contract. This chapter shall not apply to contracts between employers and
employees, or between employers and associations of employees, except as provided in s.
111.10, nor to agreements to arbitrate disputes under s. 101.143 (6s) or 230.44 (4) (bm).
AB512, s. 128
18Section
128. 812.44 (4) (form) paragraph 2. of the statutes is amended to read:
AB512,37,6
1812.44
(4) (form) paragraph 2. You receive aid to families with dependent
2children, relief funded by a relief block grant under ch. 49, relief provided by counties
3under section
59.07 (154) 59.53 (21) of the Wisconsin Statutes, medical assistance,
4supplemental security income, food stamps, or veterans benefits based on need
5under
38 USC 501 to
562 or section
45.
351 (1) of the Wisconsin Statutes, or have
6received these benefits within the past 6 months.
AB512, s. 129
7Section
129. 812.44 (5) (form) paragraph 2. of the statutes is amended to read:
AB512,37,138
812.44
(5) (form) paragraph 2. I receive, am eligible for, or have within 6
9months received, aid to families with dependent children, relief funded by a relief
10block grant under ch. 49, relief provided by counties under section
59.07 (154) 59.53
11(21) of the Wisconsin Statutes, medical assistance, supplemental security income,
12food stamps, or veterans benefits based on need under
38 USC 501 to
562 or section
1345.
351 (1) of the Wisconsin Statutes.
AB512, s. 130
14Section
130. 938.30 (6) (c) of the statutes is amended to read:
AB512,38,315
938.30
(6) (c) If the court orders the juvenile's parent to provide a statement
16of income, assets, debts
, and living expenses to the court or if the court orders the
17juvenile's parent to provide that statement to the designated agency under s. 938.33
18(1) and that designated agency is not the county department, the court shall also
19order the
child's juvenile's parent to provide that statement to the county department
20at least 5 days before the scheduled date of the dispositional hearing or as otherwise
21ordered by the court. The county department shall provide, without charge, to the
22parent a form on which to provide that statement, and the parent shall provide that
23statement on that form. The county department shall use the information provided
1in the statement to determine whether the department may claim federal foster care
2and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of
3providing care for the juvenile.
Note: Replaces "child" with juvenile for internal consistency with the remainder
of the paragraph and ch. 938.
AB512, s. 131
4Section
131. 938.31 (7) (c) of the statutes is amended to read:
AB512,38,165
938.31
(7) (c) If the court orders the juvenile's parent to provide a statement
6of income, assets, debts
, and living expenses to the court or if the court orders the
7juvenile's parent to provide that statement to the designated agency under s. 938.33
8(1) and that designated agency is not the county department, the court shall also
9order the
child's juvenile's parent to provide that statement to the county department
10at least 5 days before the scheduled date of the dispositional hearing or as otherwise
11ordered by the court. The county department shall provide, without charge, to the
12parent a form on which to provide that statement, and the parent shall provide that
13statement on that form. The county department shall use the information provided
14in the statement to determine whether the department may claim federal foster care
15and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of
16providing care for the juvenile.
Note: Replaces "child" with juvenile for internal consistency with the remainder
of the paragraph and ch. 938.
AB512, s. 132
17Section
132. 938.363 (1) (c) of the statutes is amended to read:
AB512,39,418
938.363
(1) (c) If the proposed revision is for a change in the amount of child
19support to be paid by a parent, the court shall order the juvenile's parent to provide
20a statement of income, assets, debts
, and living expenses to the court and the person
21or agency primarily responsible for implementing the dispositional order by a date
22specified by the court. The clerk of court shall provide, without charge, to any parent
1ordered to provide a statement of income, assets, debts
, and living expenses a
2document setting forth the percentage standard established by the department of
3workforce development under s. 49.22 (9) and listing the factors that a court may
4consider under s.
46.10 301.12 (14) (c).
Note: Inserts cross-reference.
1997 Wis. Act 237 changed the remainder of the
cross-references to s. 46.10 (14) (c) to 301.12 (14) (c). The two statutes are parallel
provisions, but s. 301.12 relates to the department of corrections, which administers ch.
938, while s. 46.10 relates to the department of health and family services and its
administration of ch. 48.
AB512, s. 133
5Section
133. 938.363 (2) of the statutes is amended to read:
AB512,39,106
938.363
(2) If the court revises a dispositional order with respect to the amount
7of child support to be paid by a parent for the care and maintenance of the parent's
8minor juvenile who has been placed by a court order under this chapter in a
9residential, nonmedical facility, the court shall determine the liability of the parent
10in the manner provided in s.
46.10 301.12 (14).
Note: Inserts cross-reference.
1997 Wis. Act 237 changed the remainder of the
cross-references to s. 46.10 (14) to 301.12 (14). The two statutes are parallel provisions,
but s. 301.12 relates to the department of corrections, which administers ch. 938, while
s. 46.10 relates to the department of health and family services and its administration
of ch. 48.
AB512, s. 134
11Section
134. 938.48 (3) of the statutes is amended to read:
AB512,39,1612
938.48
(3) Accept supervision over juveniles transferred to it by the court under
13s. 938.183, 938.34 (4h), (4m)
, or (4n) or 938.357 (4), and provide special treatment
and 14or care when directed by the court. Except as provided in s. 938.505 (2), a court may
15not direct the department to administer psychotropic medications to juveniles who
16receive special treatment or care under this subsection.
Note: Conforms terminology to the remainder of ch. 938 "Special treatment or
care" is a defined term.
AB512, s. 135
17Section
135. 938.57 (1) (b) of the statutes is amended to read:
AB512,40,5
1938.57
(1) (b) Accept legal custody or supervision of juveniles transferred to it
2by the court under s. 938.355 and provide special treatment
and or care if ordered
3by the court. Except as provided in s. 938.505 (2), a court may not order a county
4department to administer psychotropic medications to juveniles who receive special
5treatment or care under this paragraph.
Note: Conforms terminology to the remainder of ch. 938. "Special treatment or
care" is a defined term.
AB512, s. 136
6Section
136. 938.78 (2) (ag) of the statutes is amended to read:
AB512,40,137
938.78
(2) (ag) Paragraph (a) does not prohibit an agency from making
8available for inspection or disclosing the contents of a record, upon the request of the
9parent, guardian
, or legal custodian of the juvenile who is the subject of the record
10or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian,
11legal custodian
, or juvenile, unless the agency finds that inspection of
those records 12the record by the juvenile, parent, guardian
, or legal custodian would result in
13imminent danger to anyone.
Note: Corrects sentence agreement.
AB512, s. 137
14Section
137. 938.78 (2) (am) of the statutes is amended to read:
AB512,40,2215
938.78
(2) (am) Paragraph (a) does not prohibit an agency from making
16available for inspection or disclosing the contents of a record, upon the written
17permission of the parent, guardian
, or legal custodian of the juvenile who is the
18subject of the record or upon the written permission of the juvenile, if 14 years of age
19or over, to the person named in the permission if the parent, guardian, legal
20custodian
, or juvenile specifically identifies the record in the written permission,
21unless the agency determines that inspection of
those records the record by the
22person named in the permission would result in imminent danger to anyone.
Note: Corrects sentence agreement.
AB512, s. 138
1Section
138. 979.01 (1) of the statutes is renumbered 979.01 (1) (intro.) and
2amended to read:
AB512,41,83
979.01
(1) (intro.) All physicians, authorities of hospitals, sanatoriums, public
4and private institutions, convalescent homes, authorities of any institution of a like
5nature, and other persons having knowledge of the death of any person who has died
6under any of the following circumstances, shall immediately report the death to the
7sheriff, police chief,
or medical examiner or coroner of the county where the death
8took place
.: