AB573: Bill Text

Note: Corrects spelling.

AB573, s. 189 Section 189. 757.68 (1) of the statutes is amended to read:

AB573,70,16 757.68 (1) Subject to subs. (2m) to (5m), in every county organized for judicial purposes, the county board shall establish the number of circuit court commissioner positions necessary for the efficient administration of judicial business within the circuit courts of the county. The circuit court commissioners may be employed on a full-time or part-time basis. Chapter SCR chapter 75 of the supreme court rules shall govern the qualifications for, and appointment, supervision, training, evaluation, and discipline of, circuit court commissioners. Any person qualified and acting as a judicial court commissioner on August 1, 1978, shall be considered a circuit court commissioner and shall continue in the classified county civil service but any person appointed as a court commissioner after August 1, 1978, shall be in the unclassified civil service. Each circuit court commissioner shall take and file the official oath in the office of the clerk of the circuit court of the county for which appointed before performing any duty of the office.

Note: The citation form is amended to allow for electronic linking.

AB573, s. 190 Section 190. 767.35 (6) of the statutes is amended to read:

AB573,71,7 767.35 (6) Vacating or modifying divorce judgment as it affects marital status. So far as a judgment of divorce affects the marital status of the parties, the court may vacate or modify the judgment for sufficient cause shown, upon its own motion, or upon the application of both parties to the action, at any time within 6 months from the granting of the judgment., If the judgment is vacated it shall restore the parties to the marital relation that existed before the granting of the judgment. If a judgment of divorce is set aside under this subsection, the court shall order the record in the action impounded without regard to s. 767.13. After the record is impounded, the record may not be offered or admitted in whole or in part into evidence in any action or proceeding except by special order of the court of jurisdiction upon good cause shown in any paternity proceedings under this chapter or by special order of a court of record upon a showing of necessity to clear title to real estate.

Note: Deletes comma inadvertently retained by 2005 Wis. Act 443. The comma is not printed in the 2007-08 Statutes.

AB573, s. 191 Section 191. The treatment of 767.57 (1e) (a) of the statutes by 2007 Wisconsin Act 20, section 3734, is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

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.

AB573, s. 192 Section 192. The treatment of 767.57 (1e) (a) of the statutes by 2007 Wisconsin Act 20, section 3735, is not repealed by 2007 Wisconsin Act 96. Both treatments stand.

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, s. 193 Section 193. 801.52 of the statutes, as affected by 2007 Wisconsin Act 1, is amended to read:

AB573,72,13 801.52 Discretionary change of venue. The court may at any time, upon its own motion, the motion of a party or the stipulation of the parties, change the venue to any county in the interest of justice or for the convenience of the parties or witnesses, except that venue in a civil action to impose a forfeiture for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, may be changed only as provided in s. 971.223 (1) and (2) or in the same manner that is authorized for a change in the venue of a criminal trial under s. 971.22. This section does not apply to proceedings under ch. 980.

Note: Inserts missing article.

AB573, s. 194 Section 194. 804.05 (3) (b) 5. of the statutes, as affected by 2007 Wisconsin Act 97, is amended to read:

AB573,73,2 804.05 (3) (b) 5. In this subsection, the terms "defendant" and "plaintiff" include officers, directors, and managing agents of corporate defendants and corporate plaintiffs, or other persons designated under sub. (2) (e), as appropriate. A defendant who asserts a counterclaim or a cross claim shall not be considered a plaintiff within the meaning of this subsection, but a 3rd-party plaintiff under s. 803.05 (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 Section 195. 809.19 (6) (c) 2. of the statutes is amended to read:

AB573,73,12 809.19 (6) (c) 2. The front and back covers of the combined brief shall be gray. The appellant portion of the combined brief shall comply with the requirements of sub. (4) for a reply brief, including the length limitation for such a brief set forth in sub. (8) (c) 1 2. The cross-respondent portion of the combined brief shall comply with the requirements of sub. (3) for a respondent's brief, including the length limitation for such a brief set forth in sub. (8) (c) 1., except that the requirement of sub. (1) (c) may be omitted, the cross-respondent portion of the combined brief shall be preceded by a blank red cover, and a signature shall be required only at the conclusion of the cross-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 Section 196. 809.30 (2) (L) (title) of the statutes is created to read:

AB573,73,14 809.30 (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 Section 197. 809.62 (2) (c) of the statutes is amended to read:

AB573,73,18 809.62 (2) (c) A concise statement of the criteria of sub. (1) (1r) relied upon to support the petition, or in the absence of any of the criteria, a concise statement of other 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 Section 198. 809.63 (1r) (a) to (e) of the statutes, as affected by Supreme Court Order 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 Section 199. 846.101 (2) of the statutes is amended to read:

AB573,74,10 846.101 (2) When plaintiff so elects, judgment shall be entered as provided in this chapter, except that no judgment for deficiency may be ordered therein nor separately rendered against any party who is personally liable for the debt secured by the mortgage and the sale of such mortgaged premises shall be made upon the expiration of 6 months from the date when such judgment is entered. Notice of the time and place of sale shall be given under ss. 815.31 and 846.16 within such 6-months 6-month period except that first printing of a copy of such notice in a newspaper shall not be made less than 4 months after the date when such judgment is entered.

Note: Corrects spelling. The corrected spelling is printed in the 2007-08 Statutes.

AB573, s. 200 Section 200. 854.17 of the statutes, as affected by 2005 Wisconsin Acts 216 and 387, is amended to read:

AB573,74,16 854.17 Marital property classification; ownership and division of marital property at death. 54 and Classification of the property of a decedent spouse and surviving spouse, and ownership and division of that property at the death of a spouse, are determined under ch. 766 and s. 861.01.

Note: The stricken language was inserted by 2005 Wis. Act 387, but rendered surplusage by 2005 Wis. Act 216.

AB573, s. 201 Section 201. 895.51 (1) (bm) of the statutes, as created by 2007 Wisconsin Act 79, is renumbered 895.51 (1) (dr).

Note: Places definition in alphabetical order consistent with current style.

AB573, s. 202 Section 202. 938.21 (2) (c) of the statutes is amended to read:

AB573,75,7 938.21 (2) (c) Prior to the commencement of the hearing, the court shall inform the juvenile of the allegations that have been or may be made, the nature and possible consequences of this hearing as compared to possible future hearings, the provisions of s. 938.18 if applicable, the right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet represented by counsel, the right to remain silent, the fact that the silence may not be adversely considered by the r court, the right 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.

AB573, s. 203 Section 203. The treatment of 938.355 (6) (d) 1. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

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 Section 204. 938.355 (6d) (b) 1. of the statutes is amended to read:

AB573,76,13 938.355 (6d) (b) 1. Notwithstanding ss. 938.19 to 938.21, but subject to any general written policies adopted by the court under s. 938.06 (1) or (2), to any policies adopted by the county department relating to aftercare supervision administered by the county department, and to any policies adopted by the county board relating to the taking into custody and placement of a juvenile under this subdivision, if a juvenile who is on aftercare supervision administered by the county department violates a condition of that supervision, the juvenile's caseworker or any other person authorized to provide or providing intake or dispositional services for the court under s. 938.067 or 938.069 may, without a hearing, take the juvenile into custody and place the juvenile in a secure 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 designated by that person for not more than 72 hours while the alleged violation and the appropriateness of revoking the juvenile's aftercare status are being investigated. Short-term detention may be imposed under this subdivision only if at the dispositional hearing the court explained those conditions to the juvenile and informed the juvenile of that possible placement or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and that possible placement and that he or she understands 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.

AB573, s. 205 Section 205. The treatment of 938.355 (6m) (a) 1g. of the statutes by 2007 Wisconsin Act 20 is not repealed by 2007 Wisconsin Act 97. Both treatments stand.

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 Section 206. 939.32 (1g) (b) 1. of the statutes is amended to read:

AB573,77,5 939.32 (1g) (b) 1. If neither s. 939.62 (1) nor s. 961.48 is being applied, the maximum term of imprisonment is one-half of the maximum term of imprisonment, as increased by any penalty enhancement statute listed in s. 973.01 (2) (c) 2. a. and b., for the completed crime.

Note: Adds "s." to allow for electronic linking. The "s." is printed in the 2007-08 Statutes.

AB573, s. 207 Section 207. The treatment of 939.632 (1) (e) 1. of the statutes by 2007 Wisconsin Act 116 is not repealed by 2007 Wisconsin Act 127. Both treatments stand.

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.

AB573, s. 208 Section 208. The treatment of 946.82 (4) of the statutes by 2007 Wisconsin Act 116 is not repealed by 2007 Wisconsin Act 196. Both treatments stand.

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.

AB573, s. 209 Section 209. 949.20 (4) 1. and 2. of the statutes, as created by 2007 Wisconsin Act 20, are renumbered 949.20 (4) (a) and (b).

Note: Confirms renumbering by the legislative reference bureau under s. 13.92 (1) (bm) 2. to conform numbering to current style.

AB573, s. 210 Section 210. 961.18 (4m) of the statutes is amended to read:

AB573,78,6 961.18 (4m) Hallucinogenic substances. Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a U.S. food and drug administration approved drug product. (Other names for dronabinol are (6aR-trans)-6a, 7, 8, 10a-tetrahydro-6, 6., 9-trimethyl-3-pentyl-6H-dibenzo(b,d)pyran-1-ol, and (-)-delta-9-(trans)-tetrahydrocannabinol.)

Note: Corrects punctuation. The corrected punctuation is printed in the 2007-08 Statutes.

AB573, s. 211 Section 211. 961.41 (1m) (hm) (intro.) of the statutes is amended to read:

AB573,78,17 961.41 (1m) (hm) Certain other schedule I controlled substances and ketamine. (intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 1,4-butanediol, 3,4-methylenedioxymethamphetamine , 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:

Note: Inserts commas deleted by 2005 Wis. Act 52 without being shown as stricken. No change was intended.

AB573, s. 212 Section 212. 971.19 (12) of the statutes, as created by 2007 Wisconsin Act 1, is amended to read:

AB573,79,6 971.19 (12) Except as provided in s. 971.223, in an action for a violation of chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19, or for a violation of any other law arising from or in relation to the official functions of the subject of the investigation or any matter that involves elections, ethics, or lobbying regulation under subch. chs. 5 to 12, subch. III of ch. 13, or subch. III of ch. 19 a defendant who is a resident of this state shall be tried in circuit court for the county where the defendant resides. For purposes of this subsection, a person other than a natural person resides within a county if the person's principal place of operation is located within that county.

Note: Corrects citation form.

AB573, s. 213 Section 213. 2005 Wisconsin Act 25, section 1474t is amended by replacing "TEMPORARY RECYCLING SURCHARGE" with "RECYCLING SURCHARGE".

Note: "TEMPORARY" was inserted into chapter 77 (title) by 2005 Wis. Act 25 without being underscored. No change was intended. "TEMPORARY" was not printed in the 2005-06 Statutes.

AB573, s. 214 Section 214. 2007 Wisconsin Act 1, section 7 is amended by replacing "5.05 (1) (e) Delegate to its executive director its legal counsel" with "5.05 (1) (e) Delegate to its executive director its legal counsel".

Note: "Its" was inserted without being shown as underscored. The change was intended.

AB573, s. 215 Section 215. 2007 Wisconsin Act 15, section 2 is amended by replacing "This act takes effect on the first day of the 2nd month beginning after the effective date of this subsection." with "This act takes effect on the first day of the 2nd month beginning after publication.".

Note: Clarifies effective date by inserting language consistent with current style.

AB573, s. 216 Section 216. 2007 Wisconsin Act 20, section 342 is amended by replacing "46.481 48.481 and 2007 Wisconsin Act .... (this act), section 9121 9155 (9u)" with "46.481 48.481 and 2007 Wisconsin Act .... (this act), section 9121 9155 (9u)".

Note: Previously existing text was underscored.

AB573, s. 217 Section 217. 2007 Wisconsin Act 20, section 973 is amended by replacing "older persons and persons with physical or developmental disabilities" with "older persons and persons with physical or developmental disabilities".

Note: The letter "o" was inadvertently not stricken.

AB573, s. 218 Section 218 . 2007 Wisconsin Act 20, section 989 is amended by replacing "individuals who belong to a client group served by the resource center" with "individuals who belong to a client group served by the resource center".

Note: The phrase "individuals who belong to a client group served by the recource center" was inserted by 2007 Wis. Act 20 without scoring. The change was intended.

AB573, s. 219 Section 219. 2007 Wisconsin Act 20, section 1293 is amended by replacing "48.57 (3) (a) 3. (intro.)" with "48.57 (3) (a) 3." in 2 places.

Note: There is no s. 48.357 (3) (a) 3. (intro.). 2007 Wis. Act 20, section 1293 amends the text of s. 48.57 (3) (a) 3.

AB573, s. 220 Section 220. 2007 Wisconsin Act 20, section 1313 is amended by replacing "944.30, 944.31, or 944.33" with "944.30, 944.31, or 944.33".

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

AB573, s. 221 Section 221. 2007 Wisconsin Act 20, section 1596 is amended by replacing "par. pars. (cm) and (cr)" with "par. pars. (cm) and (cr)".

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

AB573, s. 222 Section 222. 2007 Wisconsin Act 20, section 1713 is amended by replacing "s. 767.89 (3) (e) 1. or 767.805 (4) (d) 1. or 767.89 (3) (e) 1." with "s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1.".