AB936: Bill Text

AB936, s. 78 Section 78. The treatment of 767.29 (1) (d) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.29 (1) (d) reads:

(d) For receiving and disbursing maintenance, child support, or family support payments, including arrears in any of those payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $35. The court or circuit court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment of the annual fee, the court or circuit court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or circuit court commissioner 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 under this paragraph is not paid when due, the department or its designee may not deduct the annual fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

AB936, s. 79 Section 79. The treatment of 767.29 (3) (b) of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.29 (3) (b) reads:

(b) If a child who is the beneficiary of support under a judgment or order is placed by court order in a residential care center for children and youth, juvenile correctional institution, or state mental institution, the right of the child to support during the period of the child's confinement, including any right to unpaid support accruing during that period, is assigned to the state. If the judgment or order providing for the support of a child who is placed in a residential care center for children and youth, juvenile correctional institution, or state mental institution includes support for one or more other children, the support that is assigned to the state shall be the proportionate share of the child placed in the center or institution, except as otherwise ordered by the court or circuit court commissioner on the motion of a party.

AB936, s. 80 Section 80. The treatment of 767.32 (1) (a) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.32 (1) (a) reads:

(a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), 938.363 (2), or 948.22 (7), maintenance payments under s. 767.26, or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion, or order to show cause of either of the parties, or upon the petition, motion, or order to show cause of the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to the office of family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. Except as provided in par. (d), a revision under this section of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

AB936, s. 81 Section 81. 767.33 (1) (c), (2), (3) (a) and (b) and (4) (b), (c) (intro.) and (d) of the statutes, as affected by 2001 Wisconsin Acts 16 and 61, are amended to read:

AB936,27,8 767.33 (1) (c) In the order the court or family circuit court commissioner shall specify what information the parties must exchange to determine whether the payer's income has changed, and shall specify the manner and timing of the information exchange.

AB936,28,5 (2) If the court or family circuit court commissioner provides for an annual adjustment, the court or family circuit court commissioner shall make available to the parties, including the state if the state is a real party in interest under s. 767.075 (1), a form approved by the court or family circuit court commissioner for the parties to use in stipulating to an adjustment of the amount of child or family support and to modification of any applicable income-withholding order. The form shall include an order, to be signed by a judge or family circuit court commissioner, for approval of the stipulation of the parties.

AB936,28,10 (3) (a) If the payer's income changes from the amount found by the court or family circuit court commissioner or stipulated to by the parties for the current child or family support order, the parties may implement an adjustment under this section by stipulating, on the form under sub. (2), to the changed income amount and the adjusted child or family support amount, subject to sub. (1) (b).

AB936,28,16 (b) The stipulation form must be signed by all parties, including the state if the state is a real party in interest under s. 767.075 (1), and filed with the court. If the stipulation is approved, the order shall be signed by a judge or family circuit court commissioner and implemented in the same manner as an order for a revision under s. 767.32. An adjustment under this subsection shall be effective as of the date on which the order is signed by the judge or family circuit court commissioner.

AB936,28,23 (4) (b) If the court or family circuit court commissioner determines after a hearing that an adjustment should be made, the court or family circuit court commissioner shall enter an order adjusting the child or family support payments by the amount determined by the court or family circuit court commissioner, subject to sub. (1) (b). An adjustment under this subsection may not take effect before the date on which the party responding to the motion, petition, or order to show cause received notice of the action under this subsection.

AB936,29,2 (c) (intro.) Notwithstanding par. (b), the court or family circuit court commissioner may direct that all or part of the adjustment not take effect until such time as the court or family circuit court commissioner directs, if any of the following applies:

AB936,29,10 (d) If in an action under this subsection the court or family circuit court commissioner determines that a party has unreasonably failed to provide the information required under sub. (1) (c) or to provide the information on a timely basis, or unreasonably failed or refused to sign a stipulation for an annual adjustment, the court or family circuit court commissioner may award to the aggrieved party actual costs, including service costs, any costs attributable to time missed from employment, the cost of travel to and from court, and reasonable attorney fees.

Note: 2001 Wis. Act 16 repealed and recreated s. 767.33. 2001 Wis. Act 61 included an amendment of the repealed s. 767.33 (2) for the purpose of changing "family court commissioner" to "circuit court commissioner." The amendment of a repealed statute cannot be given effect. This provision implements the intent of the legislature in Act 61 by changing "family court commissioner" to "circuit court commissioner" wherever it appears in s. 767.33, as repealed and recreated.

AB936, s. 82 Section 82. The treatment of 813.125 (3) (a) (intro.) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 813.125 (3) (a) (intro.) reads:

(a) A judge or circuit circuit court commissioner may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

AB936, s. 83 Section 83. 813.125 (3) (am) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,30,3 813.125 (3) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

Note: 2001 Wis. Act 61 changed "court commissioner" to "circuit court commissioner" throughout the statutes.

AB936, s. 84 Section 84. The treatment of 813.125 (4) (a) (intro.) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 813.125 (4) (a) (intro.) reads:

(a) A judge or circuit court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

AB936, s. 85 Section 85. 813.125 (4) (am) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,30,14 813.125 (4) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

Note: 2001 Wis. Act 61 changed "court commissioner" to "circuit court commissioner" throughout the statutes.

AB936, s. 86 Section 86. The treatment of 938.32 (1) (a) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 938.32 (1) (a) reads:

(a) At any time after the filing of a petition for a proceeding relating to s. 938.12 or 938.13 and before the entry of judgment, the judge or circuit court commissioner may suspend the proceedings and place the juvenile under supervision in the juvenile's own home or present placement. The court may establish terms and conditions applicable to the parent, guardian, or legal custodian, and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m), (1p), (1t), (1v), and (1x). The order under this section shall be known as a consent decree and must be agreed to by the juvenile; the parent, guardian, or legal custodian; and the person filing the petition under s. 938.25. If the consent decree includes any conditions specified in sub. (1g), the consent decree shall include provisions for payment of the services as specified in s. 938.361. The consent decree shall be reduced to writing and given to the parties.

AB936, s. 87 Section 87. 943.74 (1) (intro.) of the statutes, as created by 2001 Wisconsin Act 91, is amended to read:

AB936,31,3 943.74 (1) (intro.) In this section, "farm-raised:

AB936,31,6 (a) "Farm-raised fish" means a fish that is kept on a fish farm for propagation purposes or reared on a fish farm and that has not been introduced, stocked, or planted into waters outside a fish farm and that has not escaped from a fish farm.

Note: Revises form and numbering consistent with current style.

AB936, s. 88 Section 88. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB936,32,2 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and (d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (c), 943.60, 943.70, 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12, and 948.30.

Note: Corrects cross-reference. 2001 Wis. Act 33 renumbered s. 944.205 to 942.09.

AB936, s. 89 Section 89. 973.05 (1) of the statutes, as affected by 2001 Wisconsin Acts 16 and 56, is amended to read:

AB936,33,9 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 757.07 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable consumer protection assessment imposed by s. 100.261, any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable truck driver education assessment imposed by s. 349.04, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.983, any applicable natural resources assessment imposed by ss. s. 29.987 or 169.46 (1), and any applicable natural resources restitution payment imposed by ss. s. 29.989 or 169.46 (2) to be made within a period not to exceed 60 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer protection assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment, and any applicable natural resources restitution payment shall be payable immediately.

Note: 2001 Wis. Act 56 replaced "757.05" with "757.07" without strikes and underscores. No change was intended. There is no s. 757.07. Strikes "of" for parallel structure.

AB936, s. 90 Section 90. 2001 Wisconsin Act 38, section 39 is amended by replacing "expectant mother," with "expectant mother,".

Note: The underscored comma was inserted without being underscored. The change was intended.

AB936, s. 91 Section 91. 2001 Wisconsin Act 56, section 43 is amended by replacing "domestic-fur-bearing" with "domestic fur-bearing".

Note: What appears to be a hyphen between "domestic" and "fur" is a misplaced strike through marking.

AB936, s. 92 Section 92. 2001 Wisconsin Act 56, section 91 is amended by replacing "farm-raised deer fish" with "farm-raised deer or farm-raised fish".

Note: 2001 Wis. Act 56 deleted "or-farm-raised," but should have shown it as stricken.

AB936, s. 93 Section 93. 2001 Wisconsin Act 56, section 241 (1) is amended to read:

AB936,33,18 [2001 Wisconsin Act 56] section 241 (1) The treatment of sections 169.015, 169.29, 169.34, and 169.35 of the statutes takes effect on the day after publication.

Note: 2001 Wis. Act 56 did not treat s. 169.015.

AB936, s. 94 Section 94. 2001 Wisconsin Act 61, section 123 is amended by replacing "employes" with "employees".

Note: The spelling of "employees" in all statutes was changed from "employes" in all statutes by 1999 Wis. Act 185.

AB936, s. 95 Section 95. Effective dates. This act takes effect on the day after publication, except as follows:

AB936,34,7 (1) The treatment of sections 29.024 (1), 29.337 (1) (intro.), 90.21 (2) (a), 95.71 (1) (f), 169.45 (8) (b), 448.015 (1m), and 973.05 (1) of the statutes takes effect on January 1, 2003.

AB936,34,9 (2) The treatment of sections 441.15 (5) (a) (intro.) and 457.02 (6) (b) 1. of the statutes takes effect on November 1, 2002.

AB936,34,11 (3) The treatment of sections 448.51 (1e) and 448.52 (1m) (intro.) of the statutes takes effect on April 1, 2004.

AB936,34,12 (End)