SB1,1427,124
645.09
(2) (b)
Final study. The commissioner may include in his or her annual
5report, not later than the 2nd annual report following discharge of the receiver, a
6detailed study of the delinquency proceeding for each insurer subjected to a formal
7proceeding, with an analysis of the problems faced and their solutions. The
8commissioner may also suggest alternative solutions, as well as other material of
9interest, for the purpose of assisting and guiding liquidators or rehabilitators in the
10future. For this purpose the commissioner may appoint a special assistant qualified
11to conduct the study and prepare the analysis, and may determine his or her
12compensation, which shall be paid from the appropriation under s. 20.145 (1) (g)
1.
SB1, s. 3697
13Section
3697. 645.46 (4) of the statutes is amended to read:
SB1,1427,2014
645.46
(4) Defray all expenses of taking possession of, conserving, conducting,
15liquidating, disposing of
, or otherwise dealing with the business and property of the
16insurer. If the property of the insurer does not contain sufficient cash or liquid assets
17to defray the costs incurred, the liquidator may advance the costs so incurred out of
18the appropriation under s. 20.145 (1) (g)
1. Any amounts so paid shall be deemed
19expense of administration and shall be repaid for the credit of the office of the
20commissioner of insurance out of the first available moneys of the insurer.
SB1, s. 3698
21Section
3698. 647.02 (2) (g) of the statutes is amended to read:
SB1,1427,2522
647.02
(2) (g) The figure to be used by the provider as the actual or projected
23length of a resident's stay in the facility in the formula in the contract provision
24required under s. 647.05
(9) (1m) (i) and supporting information showing how the
25figure was determined.
SB1, s. 3699
1Section
3699. 647.04 (5) of the statutes is amended to read:
SB1,1428,62
647.04
(5) Inform the commissioner of any change in the figure used by the
3provider as the actual or projected length of a resident's stay in the facility in the
4formula in the contract provision required under s. 647.05
(9) (1m) (i) within 30 days
5after the change is made and submit supporting information showing how the
6change was determined.
SB1, s. 3700
7Section
3700. 647.05 of the statutes is renumbered 647.05 (1m), and 647.05
8(1m) (g), as renumbered, is amended to read:
SB1,1428,129
647.05
(1m) (g) Provides that if a resident dies or the continuing care contract
10is terminated after the first 30 days of occupancy, but within the first 90 days of
11occupancy, the provider will refund at least 90% of the amount computed under
sub.
12(6) par. (f).
SB1, s. 3701
13Section
3701. 647.05 (2m) of the statutes is created to read:
SB1,1428,1614
647.05
(2m) Subject to s. 49.455, a continuing care contract may require that,
15before a resident applies for medical assistance, the resident must spend on his or
16her care the resources declared for purposes of admission to the facility.
SB1, s. 3702
17Section
3702. 655.27 (2) of the statutes is amended to read:
SB1,1429,618
655.27
(2) Fund administration and operation. Management of the fund shall
19be vested with the board of governors. The commissioner shall either provide staff
20services necessary for the operation of the fund or, with the approval of the board of
21governors, contract for all or part of these services. Such a contract is subject to ss.
2216.753 and 16.765, but is otherwise exempt from subch. IV of ch. 16. The
23commissioner shall adopt rules governing the procedures for creating and
24implementing these contracts before entering into the contracts. At least annually,
25the contractor shall report to the commissioner and to the board of governors
1regarding all expenses incurred and subcontracting arrangements. If the board of
2governors approves, the contractor may hire legal counsel as needed to provide staff
3services. The cost of contracting for staff services shall be funded from the
4appropriation under s. 20.145 (2) (u).
The fund shall pay to the commissioner
5amounts charged for organizational support services, which shall be credited to the
6appropriation account under s. 20.145 (1) (g) 2.
SB1, s. 3703
7Section
3703. 701.06 (5) (intro.) of the statutes is amended to read:
SB1,1429,148
701.06
(5) Claims for public support. (intro.) Notwithstanding any provision
9in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay
10for the public support of a beneficiary under s. 46.10
, 49.345, or 301.12 or the
11beneficiary is legally obligated to pay for the beneficiary's public support or that
12furnished the beneficiary's spouse or minor child under s. 46.10
, 49.345, or 301.12,
13upon application by the appropriate state department or county official, the court
14may:
SB1, s. 3703g
15Section 3703g. 703.02 (10) of the statutes is amended to read:
SB1,1429,1816
703.02
(10) "Limited common
elements" mean those element" means a common
17elements element identified in a declaration or on a condominium plat as reserved
18for the exclusive use of one or more but less than all of the unit owners.
SB1, s. 3703r
19Section 3703r. 703.38 (1) of the statutes is amended to read:
SB1,1429,2420
703.38
(1) Except as otherwise provided in this section
and s. 30.1335, this
21chapter is applicable to all condominiums, whether established before or after
22August 1, 1978. However, with respect to condominiums existing on August 1, 1978,
23the declaration, bylaws or condominium plat need not be amended to comply with
24the requirements of this chapter.
SB1, s. 3704
25Section
3704. 751.15 (1) of the statutes is amended to read:
SB1,1430,3
1751.15
(1) The supreme court is requested to enter into a memorandum of
2understanding with the department of
workforce development children and families 3under s. 49.857.
SB1, s. 3705
4Section
3705. 751.15 (2) of the statutes is amended to read:
SB1,1430,145
751.15
(2) The supreme court is requested to promulgate rules that require
6each person who has a social security number, as a condition of membership in the
7state bar, to provide the board of bar examiners with his or her social security
8number, that require each person who does not have a social security number, as a
9condition of membership in the state bar, to provide the board of bar examiners with
10a statement made or subscribed under oath or affirmation on a form prescribed by
11the department of
workforce development children and families that the person does
12not have a social security number, and that prohibit the disclosure of that number
13to any person except the department of
workforce development children and families 14for the purpose of administering s. 49.22.
SB1, s. 3706
15Section
3706. 751.15 (3) of the statutes is amended to read:
SB1,1431,316
751.15
(3) The supreme court is requested to promulgate rules that deny,
17suspend, restrict or refuse to renew a license to practice law if the applicant or
18licensee fails to provide the information required under rules promulgated under
19sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued
20by the department of
workforce development children and families or a county child
21support agency under s. 59.53 (5) and related to paternity or child support
22proceedings or if the department of
workforce development children and families 23certifies that the applicant or licensee has failed to pay court-ordered payments of
24child or family support, maintenance, birth expenses, medical expenses or other
25expenses related to the support of a child or former spouse. The supreme court is also
1requested to promulgate rules that invalidate a license to practice law if issued in
2reliance upon a statement made or subscribed under oath or affirmation under rules
3promulgated under sub. (2) that is false.
SB1, s. 3706g
4Section 3706g. 753.06 (2) (a) of the statutes is amended to read:
SB1,1431,65
753.06
(2) (a) Kenosha County. The circuit has 7 branches.
Commencing
6August 1, 2009, the circuit has 8 branches.
SB1, s. 3707b
7Section 3707b. 753.06 (6) (e) of the statutes is amended to read:
SB1,1431,98
753.06
(6) (e) Juneau County. The circuit has one branch.
Commencing August
91, 2008, the circuit has 2 branches.
SB1, s. 3707e
10Section 3707e. 757.83 (4) of the statutes is amended to read:
SB1,1431,1411
757.83
(4) Staff. The judicial commission shall hire an executive director, and
12may hire one staff member, in the unclassified service. The executive director shall
13be a member of the State Bar of Wisconsin and shall provide staff services to the
14judicial commission
and the judicial council.
SB1, s. 3707p
15Section 3707p. 758.13 (1) (a) 7. of the statutes is amended to read:
SB1,1431,1716
758.13
(1) (a) 7. The
revisor of statutes or an assistant designated by the revisor 17chief of the legislative reference bureau or his or her designee.
SB1, s. 3707r
18Section 3707r. 758.13 (1) (b) of the statutes is amended to read:
SB1,1431,2419
758.13
(1) (b) The names of the judicial council members shall be certified to
20the secretary of state by the
executive secretary of the judicial commission judicial
21council attorney. Members shall hold office until their successors have been selected.
22Members shall receive no compensation, but shall be reimbursed from the
23appropriation made by s.
20.665 (1) 20.670 (1) for expenses necessarily incurred by
24members in attending council meetings.
SB1, s. 3707s
25Section 3707s. 758.13 (3) (g) of the statutes is created to read:
SB1,1432,1
1758.13
(3) (g) 1. In this paragraph:
SB1,1432,22
a. "Candidate" has the meaning given in s. 11.01 (1).
SB1,1432,33
b. "Contribution" has the meaning given in s. 11.01 (6).
SB1,1432,44
c. "Local office" has the meaning given in s. 5.02 (9).
SB1,1432,55
d. "State office" has the meaning give in s. 5.02 (23).
SB1,1432,106
2. The judicial council may appoint outside of the classified service an attorney,
7who is a member in good standing of the State Bar of Wisconsin, who shall be strictly
8nonpartisan, and who shall not make a contribution to a candidate for state office or
9local office while employed by the judicial council, to provide staff services to the
10council.
SB1, s. 3708
11Section
3708. 758.19 (4m) of the statutes is created to read:
SB1,1432,1612
758.19
(4m) The director of state courts may establish and charge fees for
13electronic filing of court documents under the circuit court automated information
14systems created under this section. The secretary of administration shall credit all
15moneys collected under this subsection to the appropriation account under s. 20.680
16(2) (j).
SB1, s. 3709g
17Section 3709g. 758.19 (5) (a) (intro.) of the statutes is amended to read:
SB1,1432,1818
758.19
(5) (a) (intro.) In this subsection
, ":
SB1,1432,19
191d. "Circuit court costs" means one or more of the following costs:
SB1, s. 3709m
20Section 3709m. 758.19 (5) (a) 1. and 2. of the statutes are renumbered 758.19
21(5) (a) 1d. a. and b.
SB1, s. 3709p
22Section 3709p. 758.19 (5) (a) 1g., 1m. and 1r. of the statutes are created to
23read:
SB1,1433,3
1758.19
(5) (a) 1g. "Judicial officer need" means the total need for judicial officers
2as calculated by the director of state courts using the weighted caseload formula
3based on case filings in the previous calendar year.
SB1,1433,54
1m. "Judicial officers" means circuit court commissioners and circuit court
5judges.
SB1,1433,86
1r. "Weighted caseload formula" means the formula utilized by the director of
7state courts to determine the number of cases filed in a calendar year and the judicial
8officer time needed to process those cases.
SB1, s. 3710m
9Section 3710m. 758.19 (5) (a) 3. of the statutes is renumbered 758.19 (5) (a)
101d. c. and amended to read:
SB1,1433,1711
758.19
(5) (a) 1d. c. Witness fees set under s. 814.67 (1) (b) 1. and (c) for
12witnesses called by the
circuit court on its own motion or called by, or subpoenaed at
13the request of, a district attorney, the state public defender or a private attorney
14appointed under s. 977.08. Nothing in this subdivision affects the determination of
15who is obligated to pay for fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called
16by, or subpoenaed at the request of the state public defender or a private attorney
17appointed under s. 977.08.
SB1, s. 3711m
18Section 3711m. 758.19 (5) (a) 4m. of the statutes is renumbered 758.19 (5) (a)
191d. d. and amended to read:
SB1,1434,220
758.19
(5) (a) 1d. d. Fees for expert witnesses appointed under s. 907.06 by the
21circuit court on its own motion or by the
circuit court at the request of the district
22attorney, the state public defender or a private attorney appointed under s. 977.08
23or by the
circuit court upon agreement of the district attorney, the state public
24defender or a private attorney appointed under s. 977.08. Nothing in this subdivision
1affects the determination of who is obligated to pay fees for an expert witness
2appointed under s. 907.06.
SB1, s. 3712m
3Section 3712m. 758.19 (5) (a) 5. of the statutes is renumbered 758.19 (5) (a)
41d. e. and amended to read:
SB1,1434,75
758.19
(5) (a) 1d. e. Fees for witnesses or expert witnesses subpoenaed by the
6circuit court at the request of the district attorney, coroner or medical examiner
7under s. 979.06 (1) and (2).
SB1, s. 3712p
8Section 3712p. 758.19 (5) (a) 6. of the statutes is renumbered 758.19 (5) (a)
91d. f.
SB1, s. 3713m
10Section 3713m. 758.19 (5) (a) 8. of the statutes is renumbered 758.19 (5) (a)
111d. g. and amended to read:
SB1,1434,1412
758.19
(5) (a) 1d. g. Any other
circuit court costs, except costs related to
13courtroom security, including security personnel, and costs related to rent, utilities,
14maintenance, rehabilitation and construction of
circuit court facilities.
SB1, s. 3714
15Section
3714. 758.19 (5) (am) of the statutes is created to read:
SB1,1434,2116
758.19
(5) (am) The director of state courts may create a uniform chart of
17accounts that each county shall be required to use for the recording of all financial
18transactions relating to the operation of circuit courts and may audit the information
19submitted under par. (e). If the director of state courts decides to create a uniform
20chart of accounts, he or she shall consult with the department of revenue regarding
21the creation of that chart.
SB1, s. 3717
22Section
3717. 758.19 (5) (e) of the statutes is amended to read:
SB1,1435,523
758.19
(5) (e) No later than
July 1, 1994, and no later than July 1 May 15, 2009,
24and no later than May 15 of each year thereafter, each county shall submit to the
25director of state courts, in a format that is established by the director of state courts,
1and in a manner that comports with the uniform chart of accounts under par. (am), 2information regarding the amount of actual
circuit court costs that the county
3incurred in the previous calendar year
for each of the court costs listed in par. (a) 1.
4to 8 and revenues collected or received by the circuit court in the previous calendar
5year.
SB1, s. 3718
6Section
3718. 758.19 (5) (f) of the statutes is amended to read:
SB1,1435,127
758.19
(5) (f) A county that fails to meet the requirements under par. (e) is not
8eligible for a payment under par. (b) for one
fiscal year
, as defined in s. 237.01 (3),
9after the
July 1 May 15 that the information was not provided, or until the
10information is provided, whichever is earlier. Except as provided in this paragraph
11and par. (g), the information regarding the amount of actual costs reported under par.
12(e) does not affect the amount paid to a county under par. (b).
SB1, s. 3719
13Section
3719. 758.19 (5) (g) of the statutes is amended to read:
SB1,1436,214
758.19
(5) (g) Beginning with the submittal of information under par. (e) on
15July 1, 1995, if the director of state courts determines, based on the information
16submitted under par. (e), that the payment made to a county under par. (b) for any
17calendar year exceeds the
circuit court costs incurred by the county for that calendar
18year, the director of state courts shall deduct the difference from the next payment
19under par. (b) made to that county after the director's determination. The difference
20shall be apportioned as provided in par. (c) among the other counties for payment
21under par. (b) to the other counties on that payment date. For purposes of this
22paragraph, the director of state courts shall treat the period beginning on August 13,
231993, and ending on December 31, 1994, as a calendar year and determine from the
24information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the
25payment to a county under par. (b) on January 1, 1994, exceeds the
circuit court costs
1incurred by the county for the period beginning on August 13, 1993, and ending on
2December 31, 1994.
SB1, s. 3720
3Section
3720. 767.001 (1d) of the statutes is amended to read:
SB1,1436,54
767.001
(1d) "Department" means the department of
workforce development 5children and families.
SB1, s. 3721
6Section
3721. 767.001 (2) (b) of the statutes is amended to read:
SB1,1436,97
767.001
(2) (b) With respect to the department
of health and family services 8or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
9legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
SB1, s. 3722
10Section
3722. 767.205 (2) (a) 3. of the statutes is amended to read:
SB1,1436,1311
767.205
(2) (a) 3. Whenever aid under s.
46.261, 48.57 (3m) or (3n),
48.645, 1249.19
, or 49.45 is provided on behalf of a dependent child or benefits are provided to
13the child's custodial parent under ss. 49.141 to 49.161.
SB1, s. 3723
14Section
3723. 767.205 (2) (a) 4. of the statutes is amended to read:
SB1,1436,1915
767.205
(2) (a) 4. Whenever aid under s.
46.261, 48.57 (3m) or (3n),
48.645, 1649.19
, or 49.45 has, in the past, been provided on behalf of a dependent child, or
17benefits have, in the past, been provided to the child's custodial parent under ss.
1849.141 to 49.161, and the child's family is eligible for continuing child support
19services under
45 CFR 302.33.
SB1, s. 3724
20Section
3724. 767.217 (1) of the statutes is amended to read:
SB1,1437,321
767.217
(1) Notice of pleading or motion. In an action affecting the family in
22which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under
23s.
46.261, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving
24the opposite party with a motion or pleading requesting the court to order or to
25modify a previous order relating to child support, maintenance, or family support,
1or before filing the motion or pleading in court, serve a copy of the motion or pleading
2on the county child support agency under s. 59.53 (5) of the county in which the action
3is begun.
SB1, s. 3725
4Section
3725. 767.407 (1) (c) 1. of the statutes is amended to read:
SB1,1437,95
767.407
(1) (c) 1. Aid is provided under s.
46.261, 48.57 (3m) or (3n),
48.645, 649.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial
7parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7)
8are barred by a statute of limitations from commencing an action under s. 767.80 on
9behalf of the child.
SB1, s. 3726
10Section
3726. 767.41 (3) (a) of the statutes is amended to read:
SB1,1437,2311
767.41
(3) (a) If the interest of any child demands it, and if the court finds that
12neither parent is able to care for the child adequately or that neither parent is fit and
13proper to have the care and custody of the child, the court may declare the child to
14be in need of protection or services and transfer legal custody of the child to a relative
15of the child, as defined in s. 48.02 (15), to a county department, as defined under s.
1648.02 (2g),
or to a licensed child welfare agency
, or, in a county having a population
17of 500,000 or more, the department of health and family services. If the court
18transfers legal custody of a child under this subsection, in its order the court shall
19notify the parents of any applicable grounds for termination of parental rights under
20s. 48.415.
If the court transfers legal custody under this section to an agency, the
21court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3),
22who shall conduct an inquiry under s. 48.24 to determine whether a petition should
23be filed under s. 48.13.
SB1, s. 3727
24Section
3727
. 767.41 (3) (a) of the statutes, as affected by 2007 Wisconsin Act
25.... (this act), is amended to read:
SB1,1438,13
1767.41
(3) (a) If the interest of any child demands it, and if the court finds that
2neither parent is able to care for the child adequately or that neither parent is fit and
3proper to have the care and custody of the child, the court may declare the child to
4be in need of protection or services and transfer legal custody of the child to a relative
5of the child, as defined in s. 48.02 (15), to a county department, as defined under s.
648.02 (2g), to a licensed child welfare agency, or, in a county having a population of
7500,000 or more, the department of
health and family services children and families.
8If the court transfers legal custody of a child under this subsection, in its order the
9court shall notify the parents of any applicable grounds for termination of parental
10rights under s. 48.415. If the court transfers legal custody under this section to an
11agency, the court shall also refer the matter to the court intake worker, as defined in
12s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a
13petition should be filed under s. 48.13.
SB1, s. 3728
14Section
3728. 767.41 (3) (am) of the statutes is created to read:
SB1,1439,615
767.41
(3) (am) If the court transfers legal custody of a child under this
16subsection, the order transferring custody shall include a finding that placement of
17the child in his or her home would be contrary to the welfare of the child and a finding
18that reasonable efforts have been made to prevent the removal of the child from the
19home, while assuring that the health and safety of the child are the paramount
20concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
21applies. If the legal custodian appointed under par. (a) is a county department, the
22court shall order the child into the placement and care responsibility of the county
23department as required under
42 USC 672 (a) (2) and shall assign the county
24department primary responsibility for providing services to the child. The court
25shall make the findings specified in this paragraph on a case-by-case basis based
1on circumstances specific to the child and shall document or reference the specific
2information on which those findings are based in the court order. A court order that
3merely references this paragraph without documenting or referencing that specific
4information in the court order or an amended court order that retroactively corrects
5an earlier court order that does not comply with this paragraph is not sufficient to
6comply with this paragraph.
SB1, s. 3729
7Section
3729. 767.451 (7) of the statutes is amended to read:
SB1,1439,128
767.451
(7) Transfer to department. The court may order custody transferred
9to the department of health and family services only if that department agrees to
10accept custody.
If the court orders custody transferred to the department of health
11and family services, the order transferring custody shall include the findings and
12order specified in s. 767.41 (3) (am).