Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.
180,176
Section
176. 457.02 (6) (b) 2. of the statutes is amended to read:
457.02 (6) (b) 2. The person is a mental health professional who meets all of the qualifications under s. HFS DHS 61.96, Wis. Adm. Code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health services under s. HFS DHS 61.95, Wis. Adm. Code, if the person's practice of psychotherapy is a part of the duties for which he or she is employed by such a clinic and the person practices psychotherapy solely within the confines of or under the jurisdiction of the clinic.
Note: The "HFS" administrative code was renumbered "DHS" by the legislative reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department of Health and Family Services to the Department of Health Services. The change is printed in the 2007-08 Statutes.
461.02 (2) (d) A statement of ownership, which shall include the name and business experience of every controlling person, as defined in s. 460.01
461.01 (3) (a), of the applicant.
(e) A statement of management, which shall include the name and business experience of every controlling person, as defined in s. 460.01 461.01 (3) (b), of the applicant.
Note: Inserts correct cross-reference. There is no s. 460.01 (3) (a) or (b). "Controlling person," is defined in s. 461.01 (3) as follows:
(3) "Controlling person" means any of the following:
(a) A person who, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, 25 percent or more of the ownership interest of an applicant or registrant.
(b) A person who serves as president or chief executive officer of an applicant or registrant or who otherwise has the authority to act as the senior executive officer of an applicant or registrant.
551.102 Definitions. (intro.) In this Chapter chapter, unless the context otherwise requires:
Note: Capitalization is conformed to current style. The change is printed in the 2007-08 Statutes.
551.304 (2) Required records. (intro.) A registration statement under this section must contain the information or records specified in s. 551.305, a consent to service of process complying with s. 551.611, and, if required by rule adopted under this chapter, any, or any combination, of, the following information or records:
Note: Moves comma for proper sentence structure.
551.613 (5) Publications, radio, television, or electronic communications. (intro.) An offer to sell or to purchase is not made in this state when a publisher circulates or there is circulated on the publisher's behalf in this state a bona fide newspaper or other publication of general, regular, and paid circulation that is not published in this state, or that is published in this state but has had more than two-thirds of its circulation outside this state during the previous 12 months, or when a radio or television program or other electronic communication originating outside this state is received in this state. A radio, or television program, or other electronic communication is considered as having originated in this state if either the broadcast studio or the originating source of transmission is located in this state, unless any of the following apply:
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.
180,181
Section
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.
180,182
Section
182. 560.35 (1) (a) to (d) of the statutes are renumbered 560.29 (2) (a) 1. 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).
180,183
Section
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.
180,186
Section
186. 700.27 (2) (d) of the statutes is amended to read:
700.27 (2) (d) Disclaimer by a guardian or conservator. A guardian of the estate or a conservator appointed under ch. 880, 2003 stats., or ch. 54 may disclaim on behalf of his or her ward, with court approval, if the ward is entitled to disclaim under this section.
Note: Corrects cross-reference. Chapter 880 was renumbered to Chapter 54 by
2005 Wis. Act 387.
180,187
Section
187. 701.20 (2) (L) 1. of the statutes is amended to read:
701.20 (2) (L) 1. A court-appointed guardian of a beneficiary who is adjudicated 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.
180,188
Section
188. 708.10 (2) (title) of the statutes is amended to read:
708.10 (2) (title) Loan fund
dispersal disbursal.
Note: Corrects spelling.
180,189
Section
189. 757.68 (1) of the statutes is amended to read:
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.
180,190
Section
190. 767.35 (6) of the statutes is amended to read:
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.
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.
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.
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.
180,195
Section
195. 809.19 (6) (c) 2. of the statutes is amended to read:
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.
180,196
Section
196. 809.30 (2) (L) (title) of the statutes is created to read:
809.30 (2) (L) (title) Appeals under s. 974.06 or 974.07.
Note: The other paragraphs in s. 809.30 (2) have titles.
180,197
Section
197. 809.62 (2) (c) of the statutes is amended to read:
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.
180,198
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).
180,199
Section
199. 846.101 (2) of the statutes is amended to read:
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.
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: Places definition in alphabetical order consistent with current style.
180,202
Section
202. 938.21 (2) (c) of the statutes is amended to read:
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.
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.
180,204
Section
204. 938.355 (6d) (b) 1. of the statutes is amended to read:
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.
Note: There is no conflict of substance. As merged by the legislative reference bureau, s. 938.355 (6m) (a) 1g. reads:
