Amendment CSA1-SB40

SB40-CSA1, s. 3706 Section 3706. 751.15 (3) of the statutes is amended to read:

SB40-CSA1,1431,21 751.15 (3) The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development children and families certifies that the applicant or licensee has failed to pay 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. The supreme court is also requested to promulgate rules that invalidate a license to practice law if issued in reliance upon a statement made or subscribed under oath or affirmation under rules promulgated under sub. (2) that is false.

SB40-CSA1, s. 3706g Section 3706g. 753.06 (2) (a) of the statutes is amended to read:

SB40-CSA1,1431,24 753.06 (2) (a) Kenosha County. The circuit has 7 branches. Commencing August 1, 2009, the circuit has 8 branches.

SB40-CSA1, s. 3707b Section 3707b. 753.06 (6) (e) of the statutes is amended to read:

SB40-CSA1,1432,2 753.06 (6) (e) Juneau County. The circuit has one branch. Commencing August 1, 2008, the circuit has 2 branches.

SB40-CSA1, s. 3707e Section 3707e. 757.83 (4) of the statutes is amended to read:

SB40-CSA1,1432,7 757.83 (4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the State Bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

SB40-CSA1, s. 3707p Section 3707p. 758.13 (1) (a) 7. of the statutes is amended to read:

SB40-CSA1,1432,10 758.13 (1) (a) 7. The revisor of statutes or an assistant designated by the revisor chief of the legislative reference bureau or his or her designee.

SB40-CSA1, s. 3707r Section 3707r. 758.13 (1) (b) of the statutes is amended to read:

SB40-CSA1,1432,17 758.13 (1) (b) The names of the judicial council members shall be certified to the secretary of state by the executive secretary of the judicial commission judicial council attorney. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.665 (1) 20.670 (1) for expenses necessarily incurred by members in attending council meetings.

SB40-CSA1, s. 3707s Section 3707s. 758.13 (3) (g) of the statutes is created to read:

SB40-CSA1,1432,19 758.13 (3) (g) 1. In this paragraph:

SB40-CSA1,1432,20 a. "Candidate" has the meaning given in s. 11.01 (1).

SB40-CSA1,1432,21 b. "Contribution" has the meaning given in s. 11.01 (6).

SB40-CSA1,1432,22 c. "Local office" has the meaning given in s. 5.02 (9).

SB40-CSA1,1432,23 d. "State office" has the meaning give in s. 5.02 (23).

SB40-CSA1,1433,3 2. The judicial council may appoint outside of the classified service an attorney, who is a member in good standing of the State Bar of Wisconsin, who shall be strictly nonpartisan, and who shall not make a contribution to a candidate for state office or local office while employed by the judicial council, to provide staff services to the council.

SB40-CSA1, s. 3708 Section 3708. 758.19 (4m) of the statutes is created to read:

SB40-CSA1,1433,9 758.19 (4m) The director of state courts may establish and charge fees for electronic filing of court documents under the circuit court automated information systems created under this section. The secretary of administration shall credit all moneys collected under this subsection to the appropriation account under s. 20.680 (2) (j).

SB40-CSA1, s. 3709g Section 3709g. 758.19 (5) (a) (intro.) of the statutes is amended to read:

SB40-CSA1,1433,12 758.19 (5) (a) (intro.) In this subsection, "circuit court costs" means one or more of the following costs:

SB40-CSA1, s. 3710n Section 3710n. 758.19 (5) (a) 3. of the statutes is amended to read:

SB40-CSA1,1433,20 758.19 (5) (a) 3. Witness fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by the circuit court on its own motion or called by, or subpoenaed at the request of, a district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay for fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by, or subpoenaed at the request of the state public defender or a private attorney appointed under s. 977.08.

SB40-CSA1, s. 3711n Section 3711n. 758.19 (5) (a) 4m. of the statutes is amended to read:

SB40-CSA1,1434,3 758.19 (5) (a) 4m. Fees for expert witnesses appointed under s. 907.06 by the circuit court on its own motion or by the circuit court at the request of the district attorney, the state public defender or a private attorney appointed under s. 977.08 or by the circuit court upon agreement of the district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay fees for an expert witness appointed under s. 907.06.

SB40-CSA1, s. 3712n Section 3712n. 758.19 (5) (a) 5. of the statutes is amended to read:

SB40-CSA1,1434,7 758.19 (5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the circuit court at the request of the district attorney, coroner or medical examiner under s. 979.06 (1) and (2).

SB40-CSA1, s. 3713n Section 3713n. 758.19 (5) (a) 8. of the statutes is amended to read:

SB40-CSA1,1434,11 758.19 (5) (a) 8. Any other circuit court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of circuit court facilities.

SB40-CSA1, s. 3714 Section 3714. 758.19 (5) (am) of the statutes is created to read:

SB40-CSA1,1434,18 758.19 (5) (am) The director of state courts may create a uniform chart of accounts that each county shall be required to use for the recording of all financial transactions relating to the operation of circuit courts and may audit the information submitted under par. (e). If the director of state courts decides to create a uniform chart of accounts, he or she shall consult with the department of revenue regarding the creation of that chart.

SB40-CSA1, s. 3717 Section 3717. 758.19 (5) (e) of the statutes is amended to read:

SB40-CSA1,1435,2 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 May 15, 2009, and no later than May 15 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, and in a manner that comports with the uniform chart of accounts under par. (am), information regarding the amount of actual circuit court costs that the county incurred in the previous calendar year for each of the court costs listed in par. (a) 1. to 8 and revenues collected or received by the circuit court in the previous calendar year.

SB40-CSA1, s. 3718 Section 3718. 758.19 (5) (f) of the statutes is amended to read:

SB40-CSA1,1435,9 758.19 (5) (f) A county that fails to meet the requirements under par. (e) is not eligible for a payment under par. (b) for one fiscal year, as defined in s. 237.01 (3), after the July 1 May 15 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and par. (g), the information regarding the amount of actual costs reported under par. (e) does not affect the amount paid to a county under par. (b).

SB40-CSA1, s. 3719 Section 3719. 758.19 (5) (g) of the statutes is amended to read:

SB40-CSA1,1435,24 758.19 (5) (g) Beginning with the submittal of information under par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under par. (e), that the payment made to a county under par. (b) for any calendar year exceeds the circuit court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in par. (c) among the other counties for payment under par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under par. (b) on January 1, 1994, exceeds the circuit court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.

SB40-CSA1, s. 3720 Section 3720. 767.001 (1d) of the statutes is amended to read:

SB40-CSA1,1436,2 767.001 (1d) "Department" means the department of workforce development children and families.

SB40-CSA1, s. 3721 Section 3721. 767.001 (2) (b) of the statutes is amended to read:

SB40-CSA1,1436,6 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

SB40-CSA1, s. 3722 Section 3722. 767.205 (2) (a) 3. of the statutes is amended to read:

SB40-CSA1,1436,10 767.205 (2) (a) 3. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.

SB40-CSA1, s. 3723 Section 3723. 767.205 (2) (a) 4. of the statutes is amended to read:

SB40-CSA1,1436,16 767.205 (2) (a) 4. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

SB40-CSA1, s. 3724 Section 3724. 767.217 (1) of the statutes is amended to read:

SB40-CSA1,1436,25 767.217 (1) Notice of pleading or motion. In an action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving the opposite party with a motion or pleading requesting the court 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 on the county child support agency under s. 59.53 (5) of the county in which the action is begun.

SB40-CSA1, s. 3725 Section 3725. 767.407 (1) (c) 1. of the statutes is amended to read:

SB40-CSA1,1437,6 767.407 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.80 on behalf of the child.

SB40-CSA1, s. 3726 Section 3726. 767.41 (3) (a) of the statutes is amended to read:

SB40-CSA1,1437,20 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), or to a licensed child welfare agency , or, in a county having a population of 500,000 or more, the department of health and family services. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB40-CSA1, s. 3727 Section 3727 . 767.41 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-CSA1,1438,10 767.41 (3) (a) If the interest of any child demands it, and if the court finds that neither parent is able to care for the child adequately or that neither parent is fit and proper to have the care and custody of the child, the court may declare the child to be in need of protection or services and transfer legal custody of the child to a relative of the child, as defined in s. 48.02 (15), to a county department, as defined under s. 48.02 (2g), to a licensed child welfare agency, or, in a county having a population of 500,000 or more, the department of health and family services children and families. If the court transfers legal custody of a child under this subsection, in its order the court shall notify the parents of any applicable grounds for termination of parental rights under s. 48.415. If the court transfers legal custody under this section to an agency, the court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a petition should be filed under s. 48.13.

SB40-CSA1, s. 3728 Section 3728. 767.41 (3) (am) of the statutes is created to read:

SB40-CSA1,1439,3 767.41 (3) (am) If the court transfers legal custody of a child under this subsection, the order transferring custody shall include a finding that placement of the child in his or her home would be contrary to the welfare of the child and a finding that reasonable efforts have been made to prevent the removal of the child from the home, while assuring that the health and safety of the child are the paramount concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5. applies. If the legal custodian appointed under par. (a) is a county department, the court shall order the child 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 child. The court shall make the findings specified in this paragraph on a case-by-case basis based on circumstances specific to the child and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this paragraph without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB40-CSA1, s. 3729 Section 3729. 767.451 (7) of the statutes is amended to read:

SB40-CSA1,1439,9 767.451 (7) Transfer to department. The court may order custody transferred to the department of health and family services only if that department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).

SB40-CSA1, s. 3730 Section 3730 . 767.451 (7) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-CSA1,1439,16 767.451 (7) Transfer to department. The court may order custody transferred to the department of health and family services only if that the department agrees to accept custody. If the court orders custody transferred to the department of health and family services, the order transferring custody shall include the findings and order specified in s. 767.41 (3) (am).

SB40-CSA1, s. 3731 Section 3731. 767.521 (intro.) of the statutes is amended to read:

SB40-CSA1,1439,23 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the following apply:

SB40-CSA1, s. 3732 Section 3732. 767.55 (3) (a) 2. of the statutes is amended to read:

SB40-CSA1,1440,2 767.55 (3) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.

SB40-CSA1, s. 3733 Section 3733. 767.57 (1e) (title) of the statutes is amended to read:

SB40-CSA1,1440,4 767.57 (1e) (title) Receiving and disbursing fee fees.

SB40-CSA1, s. 3734 Section 3734 . 767.57 (1e) (a) of the statutes is amended to read:

SB40-CSA1,1440,19 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under par. (c) sub. (1) (c), the department or its designee shall collect an annual fee of $35 $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.

SB40-CSA1, s. 3735 Section 3735 . 767.57 (1e) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-CSA1,1441,10 767.57 (1e) (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) 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.

SB40-CSA1, s. 3736 Section 3736. 767.57 (1e) (b) 1m. of the statutes is amended to read:

SB40-CSA1,1442,2 767.57 (1e) (b) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) 20.437 (2) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.75 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.

SB40-CSA1, s. 3737 Section 3737. 767.57 (1e) (c) of the statutes is created to read:

SB40-CSA1,1442,9 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja).

SB40-CSA1, s. 3737d Section 3737d. 767.57 (1e) (c) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-CSA1,1442,17 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) 20.437 (2) (ja).

SB40-CSA1, s. 3738 Section 3738. 767.57 (1m) (c) of the statutes is amended to read:

SB40-CSA1,1442,23 767.57 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid under s. 46.261 48.645 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 48.645 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

SB40-CSA1, s. 3739 Section 3739. 767.57 (2) of the statutes is amended to read:

SB40-CSA1,1443,20 767.57 (2) Procedure if recipient on public assistance. If a party entitled to maintenance or support, or both, is receiving public assistance under ch. 49, the party may assign the party's right to support or maintenance to the county department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment shall be approved by order of the court granting the maintenance or support. The assignment may not be terminated if there is a delinquency in the amount to be paid to the assignee of maintenance and support previously ordered without the written consent of the assignee or upon notice to the assignee and a hearing. When an assignment of maintenance or support, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 solely for the purpose of securing payment of unpaid maintenance or support ordered to be paid, by participating in proceedings to secure the payment of unpaid amounts. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 48.645 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).

SB40-CSA1, s. 3740 Section 3740. 767.57 (4) of the statutes is amended to read:

SB40-CSA1,1444,5 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

SB40-CSA1, s. 3741 Section 3741. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

SB40-CSA1,1444,12 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

SB40-CSA1, s. 3742 Section 3742. 767.59 (1f) (b) 4. of the statutes is amended to read:

SB40-CSA1,1444,19 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB40-CSA1, s. 3743 Section 3743. 767.59 (2) (c) of the statutes is amended to read:

SB40-CSA1,1444,25 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is applicable.