1997 Wisconsin Act 252

562.125 (1) Investigations. The department of justice may investigate any activities by the board department and the board's department's employes and contractors, or by the licensees and their employes and contractors, which affect the operation or administration of racing and on-track pari-mutuel wagering, and shall report suspected violations of state or federal law to the appropriate prosecuting authority.

Note: See the note to the treatment of s. 562.124 (3) by this bill.

252,147 Section 147 . 562.13 (2) (b) of the statutes is amended to read:

562.13 (2) (b) Intentionally makes a false statement or material omission in an application for employment with the board department.

Note: See the note to the treatment of s. 562.124 (3) by this bill.

252,148 Section 148 . 563.12 (11) of the statutes is amended to read:

563.12 (11) Other information which the board deems department considers necessary to administer this chapter.

Note: See the note to the treatment of s. 562.124 (3) by this bill. Also inserts preferred term.

252,149 Section 149 . 601.41 (7) (a) of the statutes, as created by 1997 Wisconsin Act 51, is amended to read:

601.41 (7) (a) Any rights that the individuals may have under state or federal laws affecting health benefit plans, including laws that relate to portability, or continuation coverage, as defined in s. 252.16 (1) (a), or conversion coverage under s. 632.897.

Note: Section 252.16 (1) (a) was repealed by 1997 Wis. Act 27. Continuation coverage and conversion coverage are both treated by s. 632.897.

252,150 Section 150 . 611.07 (4) (title) of the statutes, as affected by 1997 Wisconsin Act 79, is amended to read:

611.07 (4) (title) Waiver of notice and informal action by shareholders, policyholders or directors.

Note: The underscored language was inserted by 1997 Wis. Act 79 without being shown as underscored. The change was intended.

252,151 Section 151 . 614.66 of the statutes is amended to read:

614.66 Exclusive agency contracts and management contracts. Sections 611.66 and 611.67 apply to fraternals, except that the reference in s. 611.66 to s. 611.26 (1) contained in s. 611.66 is to that section as incorporated by s. 614.24.

NOTE: Reorders cross-references to facilitate computer searching.

252,152 Section 152 . 626.125 of the statutes, as affected by 1997 Wisconsin Act 3, is repealed.

Note: By its terms this provision does not apply after December 31, 1993.

252,153 Section 153 . 632.898 (title) of the statutes is repealed.

Note: The remainder of section 632.898 was either repealed or renumbered to another section by 1997 Wis. Act 27.

252,154 Section 154 . The treatment of 707.37 (4) (d) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,155 Section 155 . 767.262 (4) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

767.262 (4) (b) The court may order payment of costs under this section by the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the department or its designee 59.53 (5m) is substantially incorrect and that the department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

Note: The stricken text was inserted by 1995 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

252,156 Section 156 . 767.29 (1) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

767.29 (1) (a) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the 59.53 (5m) department or its designee for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of court.

Note: The stricken text was inserted by 1995 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

252,157 Section 157 . 767.47 (10) of the statutes is amended to read:

767.47 (10) A record of the testimony of the child's mother relating to the child's paternity, made as provided under s. 48.299 (8) or 938.299 (6) (8), is admissible in evidence on the issue of paternity.

NOTE: The stricken language was inserted by 1995 Wis. Act 77, but rendered surplusage by the treatment of this provision by 1995 Wis. Act 275.

252,158 Section 158 . The treatment of 767.53 (2) of the statutes by 1995 Wisconsin Act 201 is not repealed by 1995 Wisconsin Act 404. Both treatments stand.

Note: There is no conflict of substance.

252,159 Section 159 . The treatments of 779.01 (4) of the statutes by 1997 Wisconsin Acts 27 and 35 are not repealed by 1997 Wisconsin Act 44. All treatments stand.

Note: There is no conflict of substance.

252,160 Section 160 . The treatment of 779.40 (1) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,161 Section 161 . 807.13 (title) of the statutes is amended to read:

807.13 (title) Telephone and audio-visual audiovisual proceedings.

Note: Corrects spelling.

252,162 Section 162 . 807.13 (2) (intro.) of the statutes is amended to read:

807.13 (2) Evidentiary hearings. (intro.) In civil actions and proceedings, including those under chs. 48, 51, 55 and 880, the court may admit oral testimony communicated to the court on the record by telephone or live audio-visual audiovisual means, subject to cross-examination, when:

Note: Corrects spelling.

252,163 Section 163 . 807.14 of the statutes is amended to read:

807.14 Interpreters. On request of any party, the court may permit an interpreter to act in any civil proceeding other than trial by telephone or live audio-visual audiovisual means.

Note: Corrects spelling.

252,164 Section 164. The treatments of 814.612 (intro.) of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 35. All treatments stand.

Note: There is no conflict of substance.

252,165 Section 165 . 887.23 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

887.23 (1) Who may require. The department of health and social family services, the department of corrections, the state superintendent of public instruction or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

Note: 1997 Wis. Act 27 inserted “social" without showing it as underscored and deleted “family" without showing it as stricken. No change was intended.

252,166 Section 166 . The treatments of 895.035 (2m) (b), (bm) 1. and (c) of the statutes by 1997 Wisconsin Act 27 are not repealed by 1997 Wisconsin Act 35. All treatments stand.

Note: There is no conflict of substance.

252,167 Section 167 . 895.55 (5) of the statutes is amended to read:

895.55 (5) Nothing in this section affects the responsibility of a person under sub. (3) (a) to fulfill that person's requirements under s. 144.76 292.11.

Note: Inserts the correct cross-reference. Section 144.76 was renumbered by 1995 Wis. Act 227.

252,168 Section 168 . The treatment of 938.183 (2) (c) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,169 Section 169 . The treatment of 938.22 (1) (c) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,170 Section 170 . 938.299 (5) of the statutes is amended to read:

938.299 (5) On request of any party, unless good cause to the contrary is shown, any hearing under s. 938.209 (1) (e) or 938.21 (1) may be held on the record by telephone or live audio-visual audiovisual means or testimony may be received by telephone or live audio-visual audiovisual means as prescribed in s. 807.13 (2). The request and the showing of good cause for not conducting the hearing or admitting testimony by telephone or live audio-visual audiovisual means may be made by telephone.

Note: Corrects spelling.

252,171 Section 171 . 938.30 (6) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

938.30 (6) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days from the plea hearing for a juvenile who is held in secure custody and no more than 30 days from the plea hearing for a juvenile who is not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce industry, labor and job development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing. If a citation is not contested, the court may proceed immediately to enter a dispositional order.

Note: The stricken language was inserted by 1997 Wis. Act 35, without taking into account the treatment by 1997 Wis. Act 27 which changed the department of industry, labor and job development to the department of workforce development.

252,172 Section 172 . 938.30 (10) of the statutes is amended to read:

938.30 (10) The court may permit any party to participate in hearings under this section by telephone or live audio-visual audiovisual means except a juvenile who intends to admit the facts of the delinquency petition.

Note: Corrects spelling.

252,173 Section 173 . 938.31 (7) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

938.31 (7) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a juvenile in secure custody and no more than 30 days after the fact-finding hearing for a juvenile not held in secure custody. If it appears to the court that disposition of the case may include placement of the juvenile outside the juvenile's home, the court shall order the juvenile's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 938.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce industry, labor and job development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.

Note: The stricken language was inserted by 1997 Wis. Act 35, but rendered surplusage by the treatment of this provision by 1997 Wis. Act 27.

252,174 Section 174 . The treatment of 938.33 (3) (b) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,175 Section 175 . The treatment of 938.33 (4) (b) of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,176 Section 176 . 938.335 (4) of the statutes is amended to read:

938.335 (4) At hearings under this section, s. 938.357, 938.363 or 938.365, on the request of any party, unless good cause to the contrary is shown, the court may admit testimony on the record by telephone or live audio-visual audiovisual means, if available, under s. 807.13 (2). The request and the showing of good cause may be made by telephone.

Note: Corrects spelling.

252,177 Section 177 . The treatment of 938.355 (2) (b) 4. of the statutes by 1997 Wisconsin Act 27 is not repealed by 1997 Wisconsin Act 35. Both treatments stand.

Note: There is no conflict of substance.

252,178 Section 178 . 938.355 (6m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 410), is amended to read:

938.355 (6m) (a) (intro.) If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (2) or who has been found to be in need of protection or services under s. 938.13 (6) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the sanctions specified in subds. 1. to 3. and the dispositions specified in s. 938.342 (1) (d) to (f) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile, if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation 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 possible sanctions and that he or she understands those conditions and possible sanctions. The court may order as a sanction or limitation on the use under this paragraph any of the following:

Note: Deletes unnecessary phrase. The phrase is repeated in par. (a) 1. where it is more logically placed.

252,179 Section 179 . 938.36 (1) (b) of the statutes, as affected by 1997 Wisconsin Acts 27 and 35, is amended to read:

938.36 (1) (b) In determining the amount of support under par. (a), the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department of workforce development, or the county child support agency, under s. 59.53 (5) 49.22. If the court has insufficient information with which to determine the amount of support, the court shall order the juvenile's parent to furnish a statement of income, assets, debts and living expenses, if the parent has not already done so, to the court within 10 days after the court's order transferring custody or designating an alternative placement is entered or at such other time as ordered by the court.

Note: 1997 Wis. Act 35 inserted the incorrect cross-reference.

252,180 Section 180 . The treatment of 938.363 (1m) of the statutes by 1997 Wisconsin Act 35 is not repealed by 1997 Wisconsin Act 80. Both treatments stand.