Amendment ASA1-SB40

SB40-ASA1,1509,7 701.06 (5) Claims for public support. (intro.) Notwithstanding any provision in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10, 49.345, or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or that furnished the beneficiary's spouse or minor child under s. 46.10, 49.345, or 301.12, upon application by the appropriate state department or county official, the court may:

SB40-ASA1, s. 3703g Section 3703g. 703.02 (10) of the statutes is amended to read:

SB40-ASA1,1509,11 703.02 (10) "Limited common elements" mean those element" means a common elements element identified in a declaration or on a condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners.

SB40-ASA1, s. 3703r Section 3703r. 703.38 (1) of the statutes is amended to read:

SB40-ASA1,1509,17 703.38 (1) Except as otherwise provided in this section and s. 30.1335, this chapter is applicable to all condominiums, whether established before or after August 1, 1978. However, with respect to condominiums existing on August 1, 1978, the declaration, bylaws or condominium plat need not be amended to comply with the requirements of this chapter.

SB40-ASA1, s. 2829 Section 2829. 751.15 (1) of the statutes is amended to read:

SB40-ASA1,1509,21 751.15 (1) The supreme court is requested to enter into a memorandum of understanding with the department of workforce development children and families under s. 49.857.

SB40-ASA1, s. 2830 Section 2830. 751.15 (2) of the statutes is amended to read:

SB40-ASA1,1510,7 751.15 (2) The supreme court is requested to promulgate rules that require each person who has a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number, that require each person who does not have a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with a statement made or subscribed under oath or affirmation on a form prescribed by the department of workforce development children and families that the person does not have a social security number, and that prohibit the disclosure of that number to any person except the department of workforce development children and families for the purpose of administering s. 49.22.

SB40-ASA1, s. 2831 Section 2831. 751.15 (3) of the statutes is amended to read:

SB40-ASA1,1510,21 751.15 (3) The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development children and families certifies that the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The supreme court is also requested to promulgate rules that invalidate a license to practice law if issued in reliance upon a statement made or subscribed under oath or affirmation under rules promulgated under sub. (2) that is false.

SB40-ASA1, s. 3707e Section 3707e. 757.83 (4) of the statutes is amended to read:

SB40-ASA1,1511,2 757.83 (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 of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

SB40-ASA1, s. 3707p Section 3707p. 758.13 (1) (a) 7. of the statutes is amended to read:

SB40-ASA1,1511,5 758.13 (1) (a) 7. The revisor of statutes or an assistant designated by the revisor chief of the legislative reference bureau or his or her designee.

SB40-ASA1, s. 3707r Section 3707r. 758.13 (1) (b) of the statutes is amended to read:

SB40-ASA1,1511,12 758.13 (1) (b) The names of the judicial council members shall be certified to the secretary of state by the executive secretary of the judicial commission judicial council attorney. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.665 (1) 20.670 (1) for expenses necessarily incurred by members in attending council meetings.

SB40-ASA1, s. 3707s Section 3707s. 758.13 (3) (g) of the statutes is created to read:

SB40-ASA1,1511,14 758.13 (3) (g) 1. In this paragraph:

SB40-ASA1,1511,15 a. "Candidate" has the meaning given in s. 11.01 (1).

SB40-ASA1,1511,16 b. "Contribution" has the meaning given in s. 11.01 (6).

SB40-ASA1,1511,17 c. "Local office" has the meaning given in s. 5.02 (9).

SB40-ASA1,1511,18 d. "State office" has the meaning give in s. 5.02 (23).

SB40-ASA1,1511,23 2. The judicial council may appoint outside of the classified service an attorney, who is a member in good standing of the State Bar of Wisconsin, who shall be strictly nonpartisan, and who shall not make a contribution to a candidate for state office or local office while employed by the judicial council, to provide staff services to the council.

SB40-ASA1, s. 2832 Section 2832. 758.19 (4m) of the statutes is created to read:

SB40-ASA1,1512,5 758.19 (4m) The director of state courts may establish and charge fees for electronic filing of court documents under the circuit court automated information systems created under this section. The secretary of administration shall credit all moneys collected under this subsection to the appropriation account under s. 20.680 (2) (j).

SB40-ASA1, s. 3709g Section 3709g. 758.19 (5) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1512,7 758.19 (5) (a) (intro.) In this subsection, ":

SB40-ASA1,1512,8 1d. "Circuit court costs" means one or more of the following costs:

SB40-ASA1, s. 3709m Section 3709m. 758.19 (5) (a) 1. and 2. of the statutes are renumbered 758.19 (5) (a) 1d. a. and b.

SB40-ASA1, s. 3709p Section 3709p. 758.19 (5) (a) 1g., 1m. and 1r. of the statutes are created to read:

SB40-ASA1,1512,15 758.19 (5) (a) 1g. "Judicial officer need" means the total need for judicial officers as calculated by the director of state courts using the weighted caseload formula based on case filings in the previous calendar year.

SB40-ASA1,1512,17 1m. "Judicial officers" means circuit court commissioners and circuit court judges.

SB40-ASA1,1512,20 1r. "Weighted caseload formula" means the formula utilized by the director of state courts to determine the number of cases filed in a calendar year and the judicial officer time needed to process those cases.

SB40-ASA1, s. 3710m Section 3710m. 758.19 (5) (a) 3. of the statutes is renumbered 758.19 (5) (a) 1d. c. and amended to read:

SB40-ASA1,1513,4 758.19 (5) (a) 1d. c. Witness fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by the circuit court on its own motion or called by, or subpoenaed at the request of, a district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay for fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by, or subpoenaed at the request of the state public defender or a private attorney appointed under s. 977.08.

SB40-ASA1, s. 3711m Section 3711m. 758.19 (5) (a) 4m. of the statutes is renumbered 758.19 (5) (a) 1d. d. and amended to read:

SB40-ASA1,1513,13 758.19 (5) (a) 1d. d. Fees for expert witnesses appointed under s. 907.06 by the circuit court on its own motion or by the circuit court at the request of the district attorney, the state public defender or a private attorney appointed under s. 977.08 or by the circuit court upon agreement of the district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay fees for an expert witness appointed under s. 907.06.

SB40-ASA1, s. 3712m Section 3712m. 758.19 (5) (a) 5. of the statutes is renumbered 758.19 (5) (a) 1d. e. and amended to read:

SB40-ASA1,1513,18 758.19 (5) (a) 1d. e. Fees for witnesses or expert witnesses subpoenaed by the circuit court at the request of the district attorney, coroner or medical examiner under s. 979.06 (1) and (2).

SB40-ASA1, s. 3712p Section 3712p. 758.19 (5) (a) 6. of the statutes is renumbered 758.19 (5) (a) 1d. f.

SB40-ASA1, s. 3713m Section 3713m. 758.19 (5) (a) 8. of the statutes is renumbered 758.19 (5) (a) 1d. g. and amended to read:

SB40-ASA1,1513,25 758.19 (5) (a) 1d. g. Any other circuit court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of circuit court facilities.

SB40-ASA1, s. 2833 Section 2833. 758.19 (5) (am) of the statutes is created to read:

SB40-ASA1,1514,7 758.19 (5) (am) The director of state courts may create a uniform chart of accounts that each county shall be required to use for the recording of all financial transactions relating to the operation of circuit courts and may audit the information submitted under par. (e). If the director of state courts decides to create a uniform chart of accounts, he or she shall consult with the department of revenue regarding the creation of that chart.

SB40-ASA1, s. 2834 Section 2834. 758.19 (5) (b) (intro.) of the statutes is amended to read:

SB40-ASA1,1514,12 758.19 (5) (b) (intro.) From the appropriation appropriations under s. 20.625 (1) (d) and (q), the director of state courts shall make payments to counties totaling $9,369,800 within 30 days after October 29, 1999, and on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

SB40-ASA1, s. 3715m Section 3715m. 758.19 (5) (b) 1., 2. and 3. of the statutes are repealed and recreated to read:

SB40-ASA1,1514,18 758.19 (5) (b) 1. A payment determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1,1514,21 2. A payment determined by dividing the judicial officer need for the county by the total judicial need for all counties and multiplying the result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1,1515,2 3. A payment determined by dividing the total amount of circuit court fees, fines, forfeitures, and surcharges collected by the county in the previous calendar year by the total amount of circuit court fees, fines, forfeitures, and surcharges collected by all counties in the previous calendar year and multiplying that result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1, s. 2835 Section 2835. 758.19 (5) (d) of the statutes is repealed.

SB40-ASA1, s. 2836 Section 2836. 758.19 (5) (e) of the statutes is amended to read:

SB40-ASA1,1515,12 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 May 15, 2009, and no later than May 15 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, and in a manner that comports with the uniform chart of accounts under par. (am), information regarding the amount of actual circuit court costs that the county incurred in the previous calendar year for each of the court costs listed in par. (a) 1. to 8 and revenues collected or received by the circuit court in the previous calendar year.

SB40-ASA1, s. 2837 Section 2837. 758.19 (5) (f) of the statutes is amended to read:

SB40-ASA1,1515,19 758.19 (5) (f) A county that fails to meet the requirements under par. (e) is not eligible for a payment under par. (b) for one fiscal year, as defined in s. 237.01 (3), after the July 1 May 15 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and par. (g), the information regarding the amount of actual costs reported under par. (e) does not affect the amount paid to a county under par. (b).

SB40-ASA1, s. 2838 Section 2838. 758.19 (5) (g) of the statutes is amended to read:

SB40-ASA1,1516,9 758.19 (5) (g) Beginning with the submittal of information under par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under par. (e), that the payment made to a county under par. (b) for any calendar year exceeds the circuit court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in par. (c) among the other counties for payment under par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under par. (b) on January 1, 1994, exceeds the circuit court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.

SB40-ASA1, s. 2839 Section 2839. 767.001 (1d) of the statutes is amended to read:

SB40-ASA1,1516,12 767.001 (1d) "Department" means the department of workforce development children and families.

SB40-ASA1, s. 2840 Section 2840. 767.001 (2) (b) of the statutes is amended to read:

SB40-ASA1,1516,16 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

SB40-ASA1, s. 2841 Section 2841. 767.205 (2) (a) 3. of the statutes is amended to read:

SB40-ASA1,1516,20 767.205 (2) (a) 3. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.

SB40-ASA1, s. 2842 Section 2842. 767.205 (2) (a) 4. of the statutes is amended to read:

SB40-ASA1,1517,2 767.205 (2) (a) 4. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

SB40-ASA1, s. 2843 Section 2843. 767.217 (1) of the statutes is amended to read:

SB40-ASA1,1517,11 767.217 (1) Notice of pleading or motion. In an action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving the opposite party with a motion or pleading requesting the court to order or to modify a previous order relating to child support, maintenance, or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading on the county child support agency under s. 59.53 (5) of the county in which the action is begun.

SB40-ASA1, s. 2844 Section 2844. 767.407 (1) (c) 1. of the statutes is amended to read:

SB40-ASA1,1517,17 767.407 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB40-ASA1, s. 2845 Section 2845. 767.41 (3) (a) of the statutes is amended to read:

SB40-ASA1,1518,6 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), or to a licensed child welfare agency , or, in a county having a population of 500,000 or more, the department of health and family services. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB40-ASA1, s. 2846 Section 2846 . 767.41 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1518,21 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), to a licensed child welfare agency, or, in a county having a population of 500,000 or more, the department of health and family services children and families. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB40-ASA1, s. 2847 Section 2847. 767.41 (3) (am) of the statutes is created to read:

SB40-ASA1,1519,14 767.41 (3) (am) If the court transfers legal custody of a child under this subsection, the order transferring custody shall include a finding that placement of the child in his or her home would be contrary to the welfare of the child and a finding that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the health and safety of the child are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. If the legal custodian appointed under par. (a) is a county department, the court shall order the child into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and shall assign the county department primary responsibility for providing services to the child. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this paragraph without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB40-ASA1, s. 2848 Section 2848. 767.451 (7) of the statutes is amended to read:

SB40-ASA1,1519,20 767.451 (7) Transfer to department. The court may order custody transferred to the department of health and family services only if that department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).

SB40-ASA1, s. 2849 Section 2849 . 767.451 (7) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1520,2 767.451 (7) Transfer to department. The court may order custody transferred to the department of health and family services only if that the department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).

SB40-ASA1, s. 2850 Section 2850. 767.521 (intro.) of the statutes is amended to read:

SB40-ASA1,1520,9 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

SB40-ASA1, s. 2851 Section 2851. 767.55 (3) (a) 2. of the statutes is amended to read:

SB40-ASA1,1520,12 767.55 (3) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

SB40-ASA1, s. 2852 Section 2852. 767.57 (1e) (title) of the statutes is amended to read:

SB40-ASA1,1520,14 767.57 (1e) (title) Receiving and disbursing fee fees.

SB40-ASA1, s. 2853 Section 2853 . 767.57 (1e) (a) of the statutes is amended to read:

SB40-ASA1,1521,4 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under par. (c) sub. (1) (c), the department or its designee shall collect an annual fee of $35 $65 from a party ordered to make payments. The court shall order each party ordered to make payments to pay the fee 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, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

SB40-ASA1, s. 2854 Section 2854 . 767.57 (1e) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read: