AB150: Bill Text

AB150,2278,13 758.01 (2) The supreme court may establish and charge fees for photocopying, microfilm copying, books, generation of copies of documents from optical disk or electronic storage, computer services and other services provided by the state law library. The fees are subject to the cost limitations under ss. 19.35 (3) and 20.908.

AB150, s. 7080 Section 7080. 758.13 (1) of the statutes is amended to read:

AB150,2279,8 758.13 (1) Membership; appointment; terms. There is created a judicial council of 20 21 members as follows: a supreme court justice designated by the supreme court; a court of appeals judge designated by the court of appeals; the director of state courts or his or her designee; 4 circuit judges designated by the judicial conference; the chairpersons of the senate and the assembly committees dealing with judicial affairs or a member of each such committee designated by the respective chairperson; the attorney general or his or her designee; the revisor of statutes or an assistant designated by the revisor; the deans of the law schools of the university of Wisconsin and Marquette university or a member of the respective law school faculties designated by the deans; the state public defender or his or her designee; the president-elect of the state bar of Wisconsin or a member of the board of governors of the state bar designated by the president-elect and 3 additional members thereof selected by the state bar to serve 3-year terms; one district attorney appointed by the governor; and 2 citizens at large appointed by the governor to serve 3-year terms. The names of the members shall be certified to the secretary of state by the executive secretary of the judicial commission. 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. 20.645 20.665 (1) for expenses necessarily incurred by them in attending council meetings.

AB150, s. 7081 Section 7081. 758.13 (2) (g) of the statutes is created to read:

AB150,2279,13 758.13 (2) (g) Recommend to the supreme court, legislature and governor any changes in the organization, operation and methods of conducting the business of the courts that will improve the efficiency and effectiveness of the court system and result in cost savings.

AB150, s. 7082 Section 7082. 758.13 (3) (d) of the statutes is repealed.

AB150, s. 7083 Section 7083. 758.19 (4) of the statutes is renumbered 16.971 (9) and amended to read:

AB150,2280,6 16.971 (9) The director of state courts may develop In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote , and coordinate and implement circuit court automated judicial information systems that are compatible among counties and judicial branch agencies using the moneys appropriated under s. 20.680 (2) (j). If the director of state courts provides funding to counties as part of the development and implementation of this system, the director of state courts may provide funding to counties with 1 or 2 circuit court judges for a minicomputer system only up to the level of funding that would have been provided had the county implemented a microcomputer system. In those counties with 1 or 2 circuit court judges, any costs incurred to implement a minicomputer system not funded under this subsection shall be paid by the county. Those counties may use that minicomputer system for county management information needs in addition to the circuit court automated information system use 20.505 (1) (ja).

AB150, s. 7084 Section 7084. 758.19 (4m) of the statutes is created to read:

AB150,2280,10 758.19 (4m) Any equipment that the director of state courts purchases for state employes, including equipment purchased for state-employed court reporters, is the property of the state.

AB150, s. 7085 Section 7085. 758.19 (5) (a) 7. of the statutes is created to read:

AB150,2280,15 758.19 (5) (a) 7. Guardian ad litem compensation under ss. 48.235 (8), 48.996, 55.06 (6) and (9) (b), 767.045 (6), 880.33 (2) (a) 2., 880.331 (8) and 891.39 (1) (b). No guardian ad litem compensation paid under this subdivision may exceed the per hour rate established for time spent in court by private attorneys under s. 977.08 (4m).

AB150, s. 7086 Section 7086. 758.19 (5) (a) 8. of the statutes is created to read:

AB150,2280,19 758.19 (5) (a) 8. Any other court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of court facilities.

AB150, s. 7087 Section 7087. 758.19 (5) (b) (intro.) of the statutes is amended to read:

AB150,2281,2 758.19 (5) (b) (intro.) From the appropriation under s. 20.625 (1) (d), the director of state courts shall make the following payments to counties totaling $6,200,000 on July 1, 1995, or the effective date of this paragraph .... [revisor inserts date], whichever is later, totaling $11,050,100 on January 1, 1996, and totaling $11,050,000 on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

AB150, s. 7088 Section 7088. 758.19 (5) (b) 1. and 2. of the statutes are repealed and recreated to read:

AB150,2281,5 758.19 (5) (b) 1. For each circuit court branch in the county, $32,900.

AB150,2281,8 2. In addition to the payment under subd. 1., for each county with one or less circuit court branches, $5,000 in the 1995-96 fiscal year and $10,000 in each fiscal year thereafter.

AB150, s. 7089 Section 7089. 758.19 (5) (b) 3. of the statutes is repealed and recreated to read:

AB150,2281,13 758.19 (5) (b) 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county's proportion of the state population times the amount remaining after the payments are made under subds. 1. and 2.

AB150, s. 7090 Section 7090. 758.19 (5) (b) 4. of the statutes is repealed.

AB150, s. 7091 Section 7091. 758.19 (5) (c) of the statutes is amended to read:

AB150,2281,22 758.19 (5) (c) The amount paid to each county under par. (b) shall be determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by the total payment to be made. For those counties that share the services of one or more circuit court branches, the director of state courts shall annually determine the proportional share of that circuit court branch for each county based on the circuit court branch case load in each county.

AB150, s. 7092 Section 7092. 758.19 (5) (e) (intro.) of the statutes is renumbered 758.19 (5) (e) and amended to read:

AB150,2282,5 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 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, information regarding the amount of actual court costs that the county incurred in the previous calendar year for each of the following: court costs listed in par. (a) 1. to 8.

AB150, s. 7093 Section 7093. 758.19 (5) (e) 1. to 4. of the statutes are repealed.

AB150, s. 7094 Section 7094. 758.19 (5) (h) of the statutes is amended to read:

AB150,2282,12 758.19 (5) (h) The director of state courts shall establish a description of the qualifications and duties of an individual who is a judicial assistant for purposes of this subsection. Nothing in this subsection requires a county to employ, to incur costs for salary and fringe benefits for, or to expend payments received under par. (b) for salary and fringe benefits for, judicial assistants for circuit court judges.

AB150, s. 7095 Section 7095. 758.19 (6) of the statutes is repealed.

AB150, s. 7096 Section 7096. 766.565 (7) of the statutes is amended to read:

AB150,2282,18 766.565 (7) With respect to consumer credit transactions, the commissioner of banking department of financial institutions may promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the purposes and policies of this chapter and chs. 421 to 427.

AB150, s. 7097 Section 7097. 767.075 (1) (cm) of the statutes is created to read:

AB150,2282,22 767.075 (1) (cm) Whenever aid under s. 49.19 or 49.45 has, in the past, been provided to a dependent child and the child's family is eligible for continuing child support services under 45 CFR 302.33.

AB150, s. 7098 Section 7098. 767.078 (1) (b) 1. of the statutes is amended to read:

AB150,2282,25 767.078 (1) (b) 1. Register for work at a public employment office established under s. 101.23 106.09.

AB150, s. 7099 Section 7099. 767.081 (2) (intro.) of the statutes is amended to read:

AB150,2283,3 767.081 (2) (intro.)  Upon request of a party to an action affecting the family, including a revision of judgment or order under s. 767.32, 767.323 or 767.325:

AB150, s. 7100 Section 7100. 767.10 (2) (b) of the statutes is amended to read:

AB150,2283,11 767.10 (2) (b) A court may not approve a stipulation for a division of property that assigns substantially all of the property to one of the parties in the action if the other party in the action is in the process of applying for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or if the court determines that it can be reasonably anticipated that the other party in the action will apply for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 within 30 months of the stipulation.

AB150, s. 7101 Section 7101. 767.25 (4m) (a) of the statutes is amended to read:

AB150,2283,14 767.25 (4m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150, s. 7102 Section 7102. 767.25 (4m) (e) 1. of the statutes is amended to read:

AB150,2283,23 767.25 (4m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

AB150, s. 7103 Section 7103. 767.254 (2) (a) of the statutes is amended to read:

AB150,2284,2 767.254 (2) (a) Register for work at a public employment office established under s. 101.23 106.09.

AB150, s. 7104 Section 7104. 767.265 (1) of the statutes is amended to read:

AB150,2284,20 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each order for a revision in a judgment or order with respect to child support or family support payments under s. 767.323, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of the court where the action is filed. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB150, s. 7105 Section 7105 . 767.295 (2) (a) (intro.) of the statutes is amended to read:

AB150,2285,3 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2), the court may order a parent who lives in that county and who is not a custodial parent to register for a work experience and job training program under s. 46.253, if all of the following conditions are met:

AB150, s. 7106 Section 7106 . 767.295 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,2285,12 767.295 (2) (a) (intro.) In an action for modification of a child support order under s. 767.32, an action in which an order for child support is required under s. 767.25 (1) or 767.51 (3) or a contempt of court proceeding to enforce a child support or family support order in a county that contracts under s. 46.253 (2) 49.36 (2), the court may order a parent who is not a custodial parent to register for a work experience and job training program under s. 46.253 49.36, if all of the following conditions are met:

****Note: This is reconciled s. 767.295 (2) (a) (intro.). This Section has been affected by drafts with the following LRB numbers: -0751/2 and -2153/1.

AB150, s. 7107 Section 7107. 767.295 (2) (a) 1m. of the statutes is created to read:

AB150,2285,17 767.295 (2) (a) 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 46.253 and that county agrees to enroll the parent in the program.

AB150, s. 7108 Section 7108. 767.295 (2) (a) 1m. of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,2285,23 767.295 (2) (a) 1m. If the parent resides in a county other than the county in which the court action or proceeding takes place, the parent resides in a county with a work experience and job training program under s. 46.253 49.36 and that county agrees to enroll the parent in the program.

****Note: This is reconciled s. 767.295 (2) (a) 1m. This Section has been affected by drafts with the following LRB numbers: -0751/3 and -2153/1.

AB150, s. 7109 Section 7109. 767.295 (2) (c) of the statutes is amended to read:

AB150,2286,13 767.295 (2) (c) If the court enters an order under par. (a), it shall order the parent to pay child support equal to the amount determined by applying the percentage standard established under s. 46.25 (9) to the income a person would earn by working 40 hours per week for the federal minimum hourly wage under 29 USC 206 (a) (1) or equal to the amount of child support that the parent was ordered to pay in the most recent determination of support under this chapter. The child support obligation ordered under this paragraph continues until the parent makes timely payment in full for 3 consecutive months or until the person participates in the program under s. 46.253 49.36 for 16 weeks, whichever comes first. The court shall provide in its order that the parent must make child support payments calculated under s. 767.25 (1j) or (1m) or 767.51 (4m) or (5) after the obligation to make payments ordered under this paragraph ceases.

AB150, s. 7110 Section 7110. 767.323 of the statutes is created to read:

AB150,2286,17 767.323 Affidavit for revision of child support. (1) In this section, "payee" includes the state or its designee under s. 59.07 (97) if the state is a real party in interest under s. 767.075 (1).

AB150,2286,22 (2) (a) The payee under a judgment or order for child support under this chapter, s. 948.22 (7) or ch. 769 or a judgment or order for family support under this chapter may file in the action in which the judgment or order was entered an affidavit to revise the amount of support. An affidavit under this subsection shall include all of the following:

AB150,2287,3 1. The amount of child or family support that the payer is required to pay under the current judgment or order and the date on which the current judgment or order was entered.

AB150,2287,8 2. The facts supporting a reasonable basis for a substantial change in circumstances that justifies a revision of the judgment or order for support. Any of the conditions listed in s. 767.32 (1) (b) create a rebuttable presumption of a substantial change in circumstances and any of the conditions listed in s. 767.32 (1) (c) may constitute a substantial change in circumstances.

AB150,2287,14 3. The proposed amount of child or family support, expressed as a percentage of parental income or as a fixed sum, or as a combination of both in the alternative by requiring payment of the greater or lesser of either a percentage of parental income or a fixed sum. Any proposed amount must be determined by using the percentage standard established by the department of health and social services under s. 46.25 (9) (a).

AB150,2287,18 4. The number of children entitled to support under the revised judgment or order and any special circumstances that the court must consider in order to determine whether the percentage standard was accurately applied in obtaining the proposed amount under subd. 3.

AB150,2287,22 5. If the proposed amount under subd. 3. is expressed as a fixed sum or as a combination of a percentage of parental income and a fixed sum in the alternative, the payer's current income or earning capacity and the facts supporting a reasonable basis for determining that income or earning capacity.

AB150,2287,23 (b) Paragraph (a) does not apply if any of the following applies:

AB150,2288,3 1. The current judgment or order for child or family support is expressed as a percentage of parental income and was determined by using the percentage standard established by the department of health and social services under s. 46.25 (9) (a).

AB150,2288,6 2. Less than 33 months have elapsed since the date of the entry of the current judgment or order for child or family support, which may be a revision of a judgment or order under this section or s. 767.32.

AB150,2288,17 (3) Not later than 60 days after filing an affidavit under sub. (2), 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 with the court 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 revision or the amount of the revision not later than 30 days after the date of the notice, the court or family court commissioner may revise the amount of child or family support as requested in the affidavit and may provide notice of assignment under s. 767.265. The notice shall include the address to which the request for hearing must be mailed or delivered in order to schedule a hearing.

AB150,2289,5 (4) If the court sends the notice under sub. (3) and the payer fails to make a timely request for a hearing, the court or family court commissioner, if the affidavit complies with the requirements under sub. (2) and demonstrates to the satisfaction of the court or family court commissioner that the revision of child or family support is determined in a manner consistent with s. 767.32, may revise the amount of child or family support under the judgment or order as proposed in the affidavit. If the court or family court commissioner revises the amount of child or family support, the court shall enter the revised judgment or order and send notice of assignment under s. 767.265 that replaces any assignment in effect for child or family support under the last judgment or order. The court shall send the revised judgement or order to the payer's last-known address and shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should be withdrawn.

AB150,2289,12 (5) If the payer makes a timely request for a hearing, the court or family court commissioner shall hold a hearing to determine, in accordance with s. 767.32, whether to revise the amount of child or family support under the judgment or order and, if so, in what amount. If the court or family court commissioner revises the amount of child or family support, the court shall enter the revised judgment or order and send notice of assignment under s. 767.265 that replaces any assignment in effect for child or family support under the last judgment or order.

AB150,2289,13 (6) Section 814.025 applies to the filing of an affidavit under this section.

AB150, s. 7111 Section 7111. 767.45 (1) (c) of the statutes is amended to read:

AB150,2289,16 767.45 (1) (c) A Unless s. 767.62 (3) applies, a man presumed to be the child's father under s. 891.405 or 891.41.

AB150, s. 7112 Section 7112. 767.455 (5) of the statutes is amended to read:

AB150,2289,18 STATE OF WISCONSIN, CIRCUIT COURT: .... COUNTY

AB150,2289,20 In re the Paternity of A. B.

AB150,2289,21 STATE OF WISCONSIN

AB150,2289,22 and

AB150,2289,23 C. D.

AB150,2289,24 Address

AB150,2289,25 City, State Zip Code File No. ...

AB150,2290,1 , Petitioners

AB150,2290,2 vs. S U M M O N S

AB150,2290,3 E. F.