1995 Wisconsin Act 201

753.30 (1) The clerk of circuit court shall keep the books and records under s. 59.39 59.40 (2) (a) to (i) and ch. 799 and perform the duties under s. 59.395 59.40 (2) (j) to (q) for all matters in the circuit court except those under chs. 48 and 851 to 880.In counties having only one circuit judge, the circuit judge, with the approval of the chief judge of the judicial administrative district, may appoint the clerk of court register in probate. The appointments are revocable at the pleasure of the circuit judge. Appointments and revocations shall be in writing and shall be filed in the office of the register in probate. If appointed for this purpose, the clerk has the powers and duties of registers in probate. In prosecutions of ordinance violations in the circuit court in counties having a population of 500,000 or more, an assistant chief deputy clerk appointed under sub. (3) (a), or one of his or her deputies, shall enter upon the records of the court a statement of the offense charged, which shall stand as the complaint, unless the court directs formal complaint be made. The defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in such case at issue, any other provisions of law notwithstanding.

201,655 Section 655 . 753.34 (7) of the statutes is amended to read:

753.34 (7) All fines and all costs and fees collected in circuit court for Menominee and Shawano counties in causes of action arising out of Menominee county shall be accounted for and paid over under s. 59.395 (5) 59.40 (2) (m) to the county treasurer of Menominee county and in causes of action arising out of Shawano county shall be accounted for and paid over under s. 59.395 (5) 59.40 (2) (m) to the county treasurer of Shawano county.

201,656 Section 656 . 756.24 of the statutes is amended to read:

756.24 Jurors, how paid. Within 30 days of the day that a juror has completed the service specified in s. 756.04, the clerk of the court shall prepare an order under s. 59.77 (8) (a) 59.64 (1) (g) 1.

201,657 Section 657 . 758.19 (5) (a) 1. of the statutes is amended to read:

758.19 (5) (a) 1. Juror fees under s. 59.77 (8) 59.64 (1) (g).

201,658 Section 658 . 766.56 (2) (a) of the statutes is amended to read:

766.56 (2) (a) The recording, under s. 59.51 (18) 59.43 (1) (r), of a marital property agreement or a unilateral statement or revocation under s. 766.59 does not constitute actual or constructive notice to 3rd parties. This paragraph does not affect the application of ch. 706.

201,659 Section 659 . 766.58 (11) of the statutes is amended to read:

766.58 (11) Married persons or persons intending to marry each other may record a marital property agreement in the county register of deeds office under s. 59.51 (18) 59.43 (1) (r).

201,660 Section 660 . 766.59 (2) (c) of the statutes is amended to read:

766.59 (2) (c) The executing spouse may record the statement in the county register of deeds office under s. 59.51 (18) 59.43 (1) (r).

201,661 Section 661 . 766.59 (4) of the statutes is amended to read:

766.59 (4) A statement may be revoked in writing by the executing spouse. The revoking spouse shall notify the other spouse of the revocation by personally delivering a copy to the other spouse or by sending a copy by certified mail to the other spouse's last-known address. The revoking spouse may record the revocation in the county register of deeds office under s. 59.51 (18) 59.43 (1) (r).

201,662 Section 662 . 767.045 (1) (c) (intro.) of the statutes is amended to read:

767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

201,663 Section 663 . 767.075 (2) (a) of the statutes is amended to read:

767.075 (2) (a) Except as provided in par. (b), in any action affecting the family under a child support enforcement program, an attorney acting under s. 46.25 or 59.07 (97) 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in sub. (1) do not create an attorney-client relationship with any other party.

201,664 Section 664 . 767.075 (2) (b) of the statutes is amended to read:

767.075 (2) (b) Paragraph (a) does not apply to an attorney who is employed by the department of health and family services under s. 46.25 or a county under s. 59.07 (97) or 59.458 (1) 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

201,665 Section 665 . 767.08 (3) of the statutes is amended to read:

767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee under s. 59.07 (97) 59.53 (5) or the state department of health and family services is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be “In re the support or maintenance of A.B. (Child)".

201,666 Section 666 . 767.085 (1) (g) of the statutes is amended to read:

767.085 (1) (g) Whenever the petitioner requests an order or judgment affecting a minor child, that the petitioner requests the department of health and family services to provide services on behalf of the minor child under s. 46.25, except that this application does not authorize representation under s. 46.25 or 59.458 (2) 59.53 (6) (b), or intervention as a party in any action, by the department of health and family services.

201,667 Section 667 . 767.085 (5) of the statutes is amended to read:

767.085 (5) Response, contents. Whenever the respondent requests an order or judgment affecting a minor child, the response shall state that the respondent requests the department of health and family services to provide services on behalf of the minor child under s. 46.25, except that this application does not authorize representation under s. 46.25 or 59.458 (2) 59.53 (6) (b), or intervention as a party in any action, by the department of health and family services.

201,668 Section 668 . 767.15 (1) of the statutes is amended to read:

767.15 (1) In any action affecting the family in which either party is a recipient of aid under s. 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner 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 upon the child support program designee under s. 59.07 (97) 59.53 (5) of the county in which the action is begun.

201,669 Section 669 . 767.25 (4m) (d) 2. of the statutes is amended to read:

767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and family services or the county designee under s. 59.07 (97) 59.53 (5).

201,670 Section 670 . 767.262 (4) (b) of the statutes is amended to read:

767.262 (4) (b) The court may order payment of costs under this section by a county in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.39 (9m) 59.40 (2) (h) is substantially incorrect and that the clerk of court has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

201,671 Section 671 . 767.27 (2m) of the statutes is amended to read:

767.27 (2m) In every action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261 and the circumstances specified in s. 767.075 (1) apply, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the designee under s. 59.07 (97) 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under ch. 785.

201,672 Section 672 . 767.27 (3) (b) of the statutes is amended to read:

767.27 (3) (b) The clerk of circuit court shall provide information from court records to the department of health and family services under s. 59.395 (7) 59.40 (2) (p).

201,673 Section 673 . 767.293 (1) of the statutes is amended to read:

767.293 (1) If an order for child support under this chapter or s. 948.22 (7), an order for family support under this chapter or a stipulation approved by the court or the family court commissioner for child support under this chapter requires a payer to pay child or family support in an amount that is expressed as a percentage of parental income, the payee, including the state or its designee under s. 59.07 (97) 59.53 (5) if the state is a real party in interest under s. 767.075 (1), may establish an arrearage by filing an affidavit in the action in which the order for the payment of support was entered or the stipulation for support was approved. The affidavit shall state the amount of the arrearage and the facts supporting a reasonable basis on which the arrearage was determined and may state the payer's current income and the facts supporting a reasonable basis on which the payer's current income was determined. Not later than 60 days after filing the affidavit, the payee shall serve the affidavit on the payer in the manner provided in s. 801.11 (1) (a) or (b) or by sending the affidavit by registered or certified mail to the last-known address of the payer. After the payee files a proof of service on the payer, the court shall send a notice to the payer by regular, registered or certified mail to the payer's last-known address. The notice shall provide that, unless the payer requests a hearing to dispute the arrearage or the amount of the arrearage not later than 20 days after the date of the notice, the court or family court commissioner may enter an order against the payer in the amount stated in the affidavit and may provide notice of assignment under s. 767.265. The notice shall include the mailing address to which the request for hearing must be mailed or delivered in order to schedule a hearing under sub. (2).

201,674 Section 674 . 767.32 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) 59.53 (5) if an assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

201,675 Section 675 . 767.45 (6) (a) of the statutes is amended to read:

767.45 (6) (a) The attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) shall provide the representation for the state as specified under s. 767.075 (1) in cases brought under this section.

201,676 Section 676 . 767.45 (6) (b) of the statutes is amended to read:

767.45 (6) (b) The attorney under s. 59.458 (1) 59.53 (6) (a) is the only county attorney who may provide representation when the state delegates its authority under sub. (1) (g).

201,677 Section 677 . 767.45 (6) (c) of the statutes is amended to read:

767.45 (6) (c) The attorney under s. 59.458 (1) 59.53 (6) (a) or any state attorney acting under par. (b) may not represent the state as specified under s. 767.075 (1) in an action under this section and at the same time act as guardian ad litem for the child or the alleged child of the party.

201,678 Section 678. 767.51 (3m) (d) 2. of the statutes is amended to read:

767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and family services or the county designee under s. 59.07 (97) 59.53 (5).

201,679 Section 679 . 767.52 (3) of the statutes is amended to read:

767.52 (3) This section does not prevent an attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) or any other attorney employed under s. 46.25 or 59.07 (97) 59.53 (5) from appearing in any paternity action as provided under s. 767.45 (6).

201,680 Section 680 . 767.53 (2) of the statutes is amended to read:

767.53 (2) The clerk of circuit court shall provide information from court records to the department of health and family services under s. 59.395 (7) 59.40 (2) (p).

201,681 Section 681 . 779.97 (4) (c) 2. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the department of financial institutions, or a register of deeds if authorized under s. 59.512 59.43 (4), a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

201,682 Section 682 . 786.36 of the statutes is amended to read:

786.36 Changing names, court procedure. Any resident of this state, whether a minor or adult, may upon petition to the circuit court of the county where he or she resides and upon filing a copy of the notice, with proof of publication, as required by s. 786.37, if no sufficient cause is shown to the contrary, have his or her name changed or established by order of the court. If the person whose name is to be changed is a minor under the age of 14 years, the petition may be made by: both parents, if living, or the survivor of them; the guardian or person having legal custody of the minor if both parents are dead or if the parental rights have been terminated by judicial proceedings; or the mother, if the minor is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, except that the father must also make the petition unless his rights have been legally terminated. The order shall be entered at length upon the records of the court and a certified copy of the record shall be recorded in the office of the register of deeds of the county, who shall make an entry in a book to be kept by the register. The fee for recording a certified copy is the fee specified under s. 59.57 (1) 59.43 (2) (ag). If the person whose name is changed or established was born or married in this state, the clerk of the court shall send to the state registrar of vital statistics, on a form designed by the state registrar of vital statistics, an abstract of the record, duly certified, accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge to and collect from the petitioner. The state registrar of vital statistics shall then correct the birth record, marriage record or both, and direct the register of deeds and local registrar to make similar corrections on their records. No person engaged in the practice of any profession for which a license is required by the state may change his or her given name or his or her surname to any other given name or any other surname than that under which the person was originally licensed in the profession in this or any other state, in any instance in which the state board or commission for the particular profession, after a hearing, finds that practicing under the changed name operates to unfairly compete with another practitioner or misleads the public as to identity or otherwise results in detriment to the profession or the public. This prohibition against a change of name by a person engaged in the practice of any profession does not apply to any person legally qualified to teach in the public schools in this state, nor to a change of name resulting from marriage or divorce, nor to members of any profession for which there exists no state board or commission authorized to issue licenses or pass upon the qualifications of applicants or hear complaints respecting conduct of members of the profession. Any change of name other than as authorized by law is void.

201,683 Section 683 . 809.105 (3) (b) of the statutes is amended to read:

809.105 (3) (b) Forwarding to court of appeals. The clerk of the trial court shall forward to the court of appeals within 3 calendar days after the filing of the notice of appeal a copy of the notice of appeal and a copy of the trial court case record maintained as provided in s. 59.39 (2) 59.40 (2) (b), using the name “Jane Doe" instead of the minor's name, and the record on appeal, assembled as provided in sub. (4).

201,684 Section 684 . 809.11 (2) of the statutes is amended to read:

809.11 (2) Forwarding to court of appeals. The clerk of the trial court shall forward to the court of appeals within 3 days of the filing of the notice of appeal, a copy of the notice of appeal, the docketing fee, and a copy of the trial court record (docket entries) of the case in the trial court maintained pursuant to s. 59.39 (2) or (3) 59.40 (2) (b) or (c).

201,685 Section 685. 812.30 (9) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

812.30 (9) “Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.07 (154) 59.53 (21), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

201,686 Section 686 . 814.29 (1) (d) 1. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.07 (154) 59.53 (21), medical assistance, supplemental security income, food stamps or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

201,687 Section 687 . 814.61 (12) (b) (intro.) of the statutes is amended to read:

814.61 (12) (b) Maintenance payments and support. (intro.) For receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.39 (9m) 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. The court shall order each party ordered to make payments to pay the annual fee at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee is not paid when due, the clerk shall not deduct the annual fee from the maintenance or support payment, but:

201,688 Section 688 . 814.634 (2) of the statutes is amended to read:

814.634 (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.20 (11) 59.25 (3) (p).

201,689 Section 689 . 814.635 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

814.635 (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer under s. 59.20 (11) 59.25 (3) (p).

201,690 Section 690 . 851.73 (1) (d) of the statutes is amended to read:

851.73 (1) (d) Has, when appointed for this purpose, the powers of deputy clerks as provided in s. 59.38 59.40 (1).

201,691 Section 691 . 889.04 of the statutes is amended to read:

889.04 County and municipal ordinances. Matter entered or recorded in any ordinance or record book under ss. 59.17 (2) 59.23 (2) (b), 60.33 (1) and (2), 61.25 (3) and 62.09 (11) (c) or printed in any newspaper, book, pamphlet, or other form purporting to be so published, entered or recorded by any county, town, city or village in this state as a copy of its ordinance, bylaw, resolution or regulation, is prima facie evidence thereof; and after 3 years from the date of such publication, entry or recording such book or pamphlet shall be conclusive proof of the regularity of the adoption and publication of the ordinance, bylaw, resolution or regulation.

201,692 Section 692 . 893.73 (1) (a) of the statutes is amended to read:

893.73 (1) (a) An action to contest the validity of a county zoning ordinance or amendment, if s. 59.97 59.69 (14) applies to the action.

201,693 Section 693 . 893.82 (2) (d) 2. of the statutes is amended to read:

893.82 (2) (d) 2. A member of a local emergency planning committee appointed by a county board under s. 59.07 (146) 59.54 (8) (a).

201,694 Section 694 . 895.46 (1) (e) of the statutes is amended to read:

895.46 (1) (e) Any nonprofit corporation operating a museum under a lease agreement with the state historical society, and all officers, directors, employes and agents of such a corporation, and any local emergency planning committee appointed by a county board under s. 59.07 (146) 59.54 (8) (a) and all members of such a committee, are state officers, employes or agents for the purposes of this subsection.

201,695 Section 695 . 895.483 (3) of the statutes, as created by 1995 Wisconsin Act 13, is amended to read:

895.483 (3) A local emergency planning committee created under s. 59.07 (146) 59.54 (8) (a) 1. that receives a grant under s. 166.21 is immune from civil liability for acts or omissions related to carrying out responsibilities under s. 166.21.

201,696 Section 696 . 946.87 (3) of the statutes is amended to read:

946.87 (3) The attorney general or any district attorney may institute civil proceedings under this section. Notwithstanding s. 59.456 (5) 59.42 (2) (b) 4., in counties having a population of 500,000 or more, the district attorney or the corporation counsel may proceed under this section. A corporation counsel in a county having a population of 500,000 or more or a district attorney may institute proceedings under this section only with the prior written approval of the attorney general. In any action brought under this section, the circuit court shall proceed as soon as practicable to the hearing and determination. Pending final determination of any action under this section, the circuit court may at any time enter such injunctions, prohibitions or restraining orders or take such actions, including the acceptance of satisfactory performance bonds, as the court deems proper. At any time pending final determination of a forfeiture action under sub. (2), the circuit court may order the seizure of property subject to forfeiture and may make such orders as it deems necessary to preserve and protect the property.

201,697 Section 697 . 973.045 (2) of the statutes is amended to read:

973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.20 (5) (b) 59.25 (3) (f) 2.

201,698 Section 698 . 973.046 (2) of the statutes is amended to read:

973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer under s. 59.20 (5) (b) 59.25 (3) (f) 2.