Note: Makes phrase consistent with that contained in the previous sentence and
s. 551.613 (5) (a) to (d), as affected by
2007 Wis. Act 196.
AB573, s. 181
16Section
181. 560.137 (title) and (1) (intro.) of the statutes are repealed.
Note: The remainder of s. 560.137 was renumbered to s. 560.138 or 560.139 or
repealed by
2007 Wis. Act 125, rendering s. 560.137 (title) and (1) (intro.) surplusage.
AB573, s. 182
17Section
182. 560.35 (1) (a) to (d) of the statutes are renumbered 560.29 (2) (a)
181. to 4.
Note: 2007 Wis. Act 20 renumbered s. 560.35 (1) (intro.) to 560.29 (2) (a) (intro.)
and renumbered the remainder of s. 560.35 to s. 560.29 (2) but did not treat s. 560.35 (1)
(a) to (d).
AB573, s. 183
19Section
183. 560.837 (title) of the statutes is repealed.
Note: The remainder of the section was renumbered to s. 560.82 (1m) (d) and (e)
by
2007 Wis. Act 125.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 560.85 (3) (a) reads:
(a) Develop procedures to evaluate applications and monitor project performance
for grants awarded for early planning projects under s. 560.835 (6), 2001 stats., or s.
560.82 (1m) (a).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 628.10 (2) (c) reads:
(c) For failure to pay support or to comply with subpoena or warrant. The
commissioner shall suspend or limit the license of an intermediary who is a natural
person, or a temporary license of a natural person under s. 628.09, if the natural person
is delinquent in 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, or if the natural person fails to comply, after appropriate notice, with a subpoena
or warrant issued by the department of children and families or a county child support
agency under s. 59.53 (5) and related to paternity or child support proceedings, as
provided in a memorandum of understanding entered into under s. 49.857. A natural
person whose license or temporary license is suspended under this paragraph who
satisfies the requirements under this paragraph for which the license was suspended
may have his or her license or temporary license reinstated by satisfactorily completing
a reinstatement application and paying the application fee for original licensure as
specified by rule.
AB573, s. 186
5Section
186. 700.27 (2) (d) of the statutes is amended to read:
AB573,69,96
700.27
(2) (d)
Disclaimer by a guardian or conservator. A guardian of the estate
7or a conservator appointed under ch. 880
, 2003 stats., or ch. 54 may disclaim on
8behalf of his or her ward, with court approval, if the ward is entitled to disclaim under
9this section.
Note: Corrects cross-reference. Chapter 880 was renumbered to Chapter 54 by
2005 Wis. Act 387.
AB573, s. 187
10Section
187. 701.20 (2) (L) 1. of the statutes is amended to read:
AB573,69,1211
701.20
(2) (L) 1. A court-appointed guardian of a beneficiary who is
12adjudicated incompetent
, as defined in s. 880.01 (4).
Note: Inserts the current terminology used to refer to incompetency after the
revision of the guardianship statutes by
2005 Wis. Act 387.
AB573, s. 188
1Section
188. 708.10 (2) (title) of the statutes is amended to read:
AB573,70,22
708.10
(2) (title)
Loan fund dispersal disbursal.
Note: Corrects spelling.
AB573, s. 189
3Section
189. 757.68 (1) of the statutes is amended to read:
AB573,70,164
757.68
(1) Subject to subs. (2m) to (5m), in every county organized for judicial
5purposes, the county board shall establish the number of circuit court commissioner
6positions necessary for the efficient administration of judicial business within the
7circuit courts of the county. The circuit court commissioners may be employed on a
8full-time or part-time basis.
Chapter SCR chapter 75
of the supreme court rules 9shall govern the qualifications for, and appointment, supervision, training,
10evaluation, and discipline of, circuit court commissioners. Any person qualified and
11acting as a judicial court commissioner on August 1, 1978, shall be considered a
12circuit court commissioner and shall continue in the classified county civil service
13but any person appointed as a court commissioner after August 1, 1978, shall be in
14the unclassified civil service. Each circuit court commissioner shall take and file the
15official oath in the office of the clerk of the circuit court of the county for which
16appointed before performing any duty of the office.
Note: The citation form is amended to allow for electronic linking.
AB573, s. 190
17Section
190. 767.35 (6) of the statutes is amended to read:
AB573,71,718
767.35
(6) Vacating or modifying divorce judgment as it affects marital
19status. So far as a judgment of divorce affects the marital status of the parties, the
20court may vacate or modify the judgment for sufficient cause shown, upon its own
21motion, or upon the application of both parties to the action, at any time within 6
22months from the granting of the judgment.
, If the judgment is vacated it shall restore
23the parties to the marital relation that existed before the granting of the judgment.
1If a judgment of divorce is set aside under this subsection, the court shall order the
2record in the action impounded without regard to s. 767.13. After the record is
3impounded, the record may not be offered or admitted in whole or in part into
4evidence in any action or proceeding except by special order of the court of
5jurisdiction upon good cause shown in any paternity proceedings under this chapter
6or by special order of a court of record upon a showing of necessity to clear title to real
7estate.
Note: Deletes comma inadvertently retained by
2005 Wis. Act 443. The comma
is not printed in the 2007-08 Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 767.57 (1e) (a) reads:
(a) For receiving and disbursing maintenance, child support, or family support
payments, including payments in arrears, and for maintaining the records required
under sub. (1) (c), the department or its designee shall collect an annual fee of $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.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 767.57 (1e) (a) reads:
(a) For receiving and disbursing maintenance, child support, or family support
payments, including payments in arrears, and for maintaining the records required
under sub. (1) (c), the department or its designee shall collect an annual fee of $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. 20.437 (2) (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.
AB573,72,13
3801.52 Discretionary change of venue. The court may at any time, upon
4its own motion, the motion of a party or the stipulation of the parties, change the
5venue to any county in the interest of justice or for the convenience of the parties or
6witnesses, except that venue in a civil action to impose
a forfeiture for a violation of
7chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other
8law arising from or in relation to the official functions of the subject of the
9investigation or any matter that involves elections, ethics, or lobbying regulation
10under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only
11as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a
12change in the venue of a criminal trial under s. 971.22. This section does not apply
13to proceedings under ch. 980.
Note: Inserts missing article.
AB573,73,216
804.05
(3) (b) 5. In this subsection, the terms "defendant" and "plaintiff"
17include officers, directors
, and managing agents of corporate defendants and
18corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate.
19A defendant who asserts a counterclaim or a cross claim shall not be considered a
1plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s.
2803.05 (1) shall be so considered with respect to the 3rd-party defendant.
Note: The underscored comma was deleted by
2007 Wis. Act 97 without being
shown as stricken. No change was intended.
AB573, s. 195
3Section
195. 809.19 (6) (c) 2. of the statutes is amended to read:
AB573,73,124
809.19
(6) (c) 2. The front and back covers of the combined brief shall be gray.
5The appellant portion of the combined brief shall comply with the requirements of
6sub. (4) for a reply brief, including the length limitation for such a brief set forth in
7sub. (8) (c)
1 2. The cross-respondent portion of the combined brief shall comply with
8the requirements of sub. (3) for a respondent's brief, including the length limitation
9for such a brief set forth in sub. (8) (c) 1., except that the requirement of sub. (1) (c)
10may be omitted, the cross-respondent portion of the combined brief shall be preceded
11by a blank red cover, and a signature shall be required only at the conclusion of the
12cross-respondent portion of the combined brief.
Note: Inserts the correct cross-reference. Reply brief page length is governed by
s. 809.19 (8) (c) 2.
AB573, s. 196
13Section
196. 809.30 (2) (L) (title) of the statutes is created to read:
AB573,73,1414
809.30
(2) (L) (title)
Appeals under s. 974.06 or 974.07.
Note: The other paragraphs in s. 809.30 (2) have titles.
AB573, s. 197
15Section
197. 809.62 (2) (c) of the statutes is amended to read:
AB573,73,1816
809.62
(2) (c) A concise statement of the criteria of sub.
(1) (1r) relied upon to
17support the petition, or in the absence of any of the criteria, a concise statement of
18other substantial and compelling reasons for review.
Note: The list of criteria previously numbered s. 809.62 (1) (a) to (e) was
renumbered s. 809.63 (1r) (a) to (e) by Supreme Court Order 04-08, and s. 809.63 (1r) (a)
to (e) is renumbered s. 809.62 (1r) (a) to (e) by this bill.
AB573, s. 198
19Section
198. 809.63 (1r) (a) to (e) of the statutes, as affected by Supreme Court
20Order 04-08, are renumbered 809.62 (1r) (a) to (e).
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2. Supreme Court Order 04-08 inserted new material ahead of the former s.
809.62 (1) and moved material introductory to former s. 809.62 (1) (a) to (e) to a new s.
809.62 (1r) (intro.), but inadvertently renumbered s. 809.62 (1) (a) to (e) to s. 809.63 (1r)
(a) to (e).
AB573, s. 199
1Section
199. 846.101 (2) of the statutes is amended to read:
AB573,74,102
846.101
(2) When plaintiff so elects, judgment shall be entered as provided in
3this chapter, except that no judgment for deficiency may be ordered therein nor
4separately rendered against any party who is personally liable for the debt secured
5by the mortgage and the sale of such mortgaged premises shall be made upon the
6expiration of 6 months from the date when such judgment is entered. Notice of the
7time and place of sale shall be given under ss. 815.31 and 846.16 within such
86-months 6-month period except that first printing of a copy of such notice in a
9newspaper shall not be made less than 4 months after the date when such judgment
10is entered.
Note: Corrects spelling. The corrected spelling is printed in the 2007-08 Statutes.
AB573,74,16
13854.17 Marital property classification; ownership and division of
14marital property at death. 54 and Classification of the property of a decedent
15spouse and surviving spouse, and ownership and division of that property at the
16death of a spouse, are determined under ch. 766 and s. 861.01.
Note: Places definition in alphabetical order consistent with current style.
AB573, s. 202
19Section
202. 938.21 (2) (c) of the statutes is amended to read:
AB573,75,7
1938.21
(2) (c) Prior to the commencement of the hearing, the court shall inform
2the juvenile of the allegations that have been or may be made, the nature and
3possible consequences of this hearing as compared to possible future hearings, the
4provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless
5of ability to pay if the juvenile is not yet represented by counsel, the right to remain
6silent, the fact that the silence may not be adversely considered by the
r court, the
7right to confront and cross-examine witnesses, and the right to present witnesses.
Note: The word "commissioner" preceding "court" was stricken by
2005 Wis. Act
344, section
200, but the final "r" was not struck. The change is printed in the 2007-08
Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.355 (6) (d) 1. reads:
1. Placement of the juvenile in a juvenile detention facility or juvenile portion of
a county jail that meets the standards promulgated by the department by rule or in a
place of nonsecure custody, for not more than 10 days and the provision of educational
services consistent with his or her current course of study during the period of placement.
The juvenile shall be given credit against the period of detention or nonsecure custody
imposed under this subdivision for all time spent in secure detention in connection with
the course of conduct for which the detention or nonsecure custody was imposed. If the
court orders placement of the juvenile in a place of nonsecure custody under the
supervision of the county department, the court shall order the juvenile 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 juvenile.
AB573, s. 204
10Section
204. 938.355 (6d) (b) 1. of the statutes is amended to read:
AB573,76,1311
938.355
(6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any
12general written policies adopted by the court under s. 938.06 (1) or (2), to any policies
13adopted by the county department relating to aftercare supervision administered by
14the county department, and to any policies adopted by the county board relating to
15the taking into custody and placement of a juvenile under this subdivision, if a
16juvenile who is on aftercare supervision administered by the county department
1violates a condition of that supervision, the juvenile's caseworker or any other person
2authorized to provide or providing intake or dispositional services for the court under
3s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place
4the juvenile in a
secure juvenile detention facility or juvenile portion of a county jail
5that meets the standards promulgated by the department by rule or in a place of
6nonsecure custody designated by that person for not more than 72 hours while the
7alleged violation and the appropriateness of revoking the juvenile's aftercare status
8are being investigated. Short-term detention may be imposed under this
9subdivision only if at the dispositional hearing the court explained those conditions
10to the juvenile and informed the juvenile of that possible placement or if before the
11violation the juvenile has acknowledged in writing that he or she has read, or has had
12read to him or her, those conditions and that possible placement and that he or she
13understands those conditions and that possible placement.
Note: The term "secure detention facility" was changed to "juvenile detention
facility" by
2005 Wis. Act 344.
2007 Wis. Act 97 replaced "secure detention facility" with
"juvenile detention facility" in statutes not included in Act 344, but this provision was
missed.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 938.355 (6m) (a) 1g. reads:
1g. Placement of the juvenile in a juvenile detention facility or juvenile portion of
a county jail that meets the standards promulgated by the department by rule or in a
place of nonsecure custody, for not more than 10 days and the provision of educational
services consistent with his or her current course of study during the period of placement.
The juvenile shall be given credit against the period of detention or nonsecure custody
imposed under this subdivision for all time spent in secure detention in connection with
the course of conduct for which the detention or nonsecure custody was imposed. The use
of placement in a juvenile detention facility or in a juvenile portion of a county jail as a
sanction under this subdivision is subject to the adoption of a resolution by the county
board of supervisors under s. 938.06 (5) authorizing the use of those placements as a
sanction. If the court orders placement of the juvenile in a place of nonsecure custody
under the supervision of the county department, the court shall order the juvenile 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 juvenile.
AB573, s. 206
1Section
206. 939.32 (1g) (b) 1. of the statutes is amended to read:
AB573,77,52
939.32
(1g) (b) 1. If neither s. 939.62 (1) nor
s. 961.48 is being applied, the
3maximum term of imprisonment is one-half of the maximum term of imprisonment,
4as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and
5b., for the completed crime.
Note: Adds "s." to allow for electronic linking. The "s." is printed in the 2007-08
Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 939.632 (1) (e) 1. reads:
1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4)
or (5), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02,
943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2)
if s. 940.302 (2) (a) 1. b. applies.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 1-1-09, s. 946.82 (4) reads:
(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, subch. V of ch. 551, 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, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20,
940.201, 940.203, 940.21, 940.30, 940.302 (2), 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) (bf) to (e), 943.201,
943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf),
(bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c),
943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88,
943.89, 943.90, 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, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12,
and 948.30.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2. to conform numbering to current style.
AB573, s. 210
1Section
210. 961.18 (4m) of the statutes is amended to read:
AB573,78,62
961.18
(4m) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil
3and encapsulated in a soft gelatin capsule in a U.S. food and drug administration
4approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8,
510a-tetrahydro-6, 6
., 9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-ol, and
6(-)-delta-9-(trans)-tetrahydrocannabinol.)
Note: Corrects punctuation. The corrected punctuation is printed in the 2007-08
Statutes.
AB573, s. 211
7Section
211. 961.41 (1m) (hm) (intro.) of the statutes is amended to read:
AB573,78,178
961.41
(1m) (hm)
Certain other schedule I controlled substances and ketamine. 9(intro.) If the person violates this subsection with respect to gamma-hydroxybutyric
10acid, gamma-butyrolactone, 1,4-butanediol,
113,4-methylenedioxymethamphetamine
, 124-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine,
13ketamine, or a controlled substance analog of gamma-hydroxybutyric acid,
14gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine
, 154-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is
16subject to the following penalties if the amount possessed, with intent to
17manufacture, distribute, or deliver is:
Note: Inserts commas deleted by
2005 Wis. Act 52 without being shown as
stricken. No change was intended.