SB639,397,14
4786.36 Changing names, court procedure. Any resident of this state,
5whether a minor or adult, may upon petition to the circuit court of the county where
6he or she resides and upon filing a copy of the notice, with proof of publication, as
7required by s. 786.37, if no sufficient cause is shown to the contrary, have his or her
8name changed or established by order of the court. If the person whose name is to
9be changed is a minor under the age of 14 years, the petition may be made by: both
10parents, if living, or the survivor of them; the guardian or person having legal
11custody of the minor if both parents are dead or if the parental rights have been
12terminated by judicial proceedings; or the mother, if the minor is a nonmarital child
13who is not adopted or whose parents do not subsequently intermarry under s. 767.60,
14except that the father must also make the petition unless his rights have been legally
15terminated. The order shall be entered at length upon the records of the court and
16a certified copy of the record shall be recorded in the office of the register of deeds of
17the county, who shall make an entry in a book to be kept by the register. The fee for
18recording a certified copy is the fee specified under s.
59.57 (1) 59.43 (2) (ag). If the
19person whose name is changed or established was born or married in this state, the
20clerk of the court shall send to the state registrar of vital statistics, on a form designed
21by the state registrar of vital statistics, an abstract of the record, duly certified,
22accompanied by the fee prescribed in s. 69.22, which fee the clerk of court shall charge
23to and collect from the petitioner. The state registrar of vital statistics shall then
24correct the birth record, marriage record or both, and direct the register of deeds and
25local registrar to make similar corrections on their records. No person engaged in
1the practice of any profession for which a license is required by the state may change
2his or her given name or his or her surname to any other given name or any other
3surname than that under which the person was originally licensed in the profession
4in this or any other state, in any instance in which the state board or commission for
5the particular profession, after a hearing, finds that practicing under the changed
6name operates to unfairly compete with another practitioner or misleads the public
7as to identity or otherwise results in detriment to the profession or the public. This
8prohibition against a change of name by a person engaged in the practice of any
9profession does not apply to any person legally qualified to teach in the public schools
10in this state, nor to a change of name resulting from marriage or divorce, nor to
11members of any profession for which there exists no state board or commission
12authorized to issue licenses or pass upon the qualifications of applicants or hear
13complaints respecting conduct of members of the profession. Any change of name
14other than as authorized by law is void.
SB639, s. 683
15Section
683. 809.105 (3) (b) of the statutes is amended to read:
SB639,397,2116
809.105
(3) (b)
Forwarding to court of appeals. The clerk of the trial court shall
17forward to the court of appeals within 3 calendar days after the filing of the notice
18of appeal a copy of the notice of appeal and a copy of the trial court case record
19maintained as provided in s.
59.39 (2) 59.40 (2) (b), using the name "Jane Doe"
20instead of the minor's name, and the record on appeal, assembled as provided in sub.
21(4).
SB639, s. 684
22Section
684. 809.11 (2) of the statutes is amended to read:
SB639,398,223
809.11
(2) Forwarding to court of appeals. The clerk of the trial court shall
24forward to the court of appeals within 3 days of the filing of the notice of appeal, a
25copy of the notice of appeal, the docketing fee, and a copy of the trial court record
1(docket entries) of the case in the trial court maintained pursuant to s.
59.39 (2) or
2(3) 59.40 (2) (b) or (c).
SB639,398,95
812.30
(9) "Need-based public assistance" means aid to families with
6dependent children, relief funded by a relief block grant under ch. 49, relief provided
7by counties under s.
59.07 (154) 59.53 (21), medical assistance, supplemental
8security income, food stamps, or benefits received by veterans under s. 45.351 (1) or
9under
38 USC 501 to
562.
SB639,398,1612
814.29
(1) (d) 1. That the person is a recipient of means-tested public
13assistance, including aid to families with dependent children, relief funded by a relief
14block grant under ch. 49, relief provided by counties under s.
59.07 (154) 59.53 (21),
15medical assistance, supplemental security income, food stamps or benefits received
16by veterans under s. 45.351 (1) or under
38 USC 501 to
562.
SB639, s. 687
17Section
687. 814.61 (12) (b) (intro.) of the statutes is amended to read:
SB639,399,318
814.61
(12) (b)
Maintenance payments and support. (intro.) For receiving and
19disbursing money deposited as payment for maintenance payments, child support
20or family support payments, under interim or final orders in an action affecting the
21family, and for maintaining the records required under s.
59.39 (9m) 59.40 (2) (h), an
22annual fee of up to $25 to be paid by each party ordered to make payments. The court
23shall order each party ordered to make payments to pay the annual fee at the time
24of, and in addition to, the first payment to the clerk in each year for which payments
25are ordered. At the time of ordering the payment of an annual fee, the court shall
1notify each party ordered to make payments of the requirement to pay the annual
2fee and of the amount of the annual fee. If the annual fee is not paid when due, the
3clerk shall not deduct the annual fee from the maintenance or support payment, but:
SB639, s. 688
4Section
688. 814.634 (2) of the statutes is amended to read:
SB639,399,75
814.634
(2) The clerk shall pay the moneys collected under sub. (1) to the
6county treasurer under s.
59.395 (5) 59.40 (2) (m). The county treasurer shall pay
7those moneys to the state treasurer under s.
59.20 (11) 59.25 (3) (p).
SB639,399,1210
814.635
(2) The clerk shall pay the moneys collected under subs. (1) and (1m)
11to the county treasurer under s.
59.395 (5) 59.40 (2) (m). The county treasurer shall
12pay those moneys to the state treasurer under s.
59.20 (11) 59.25 (3) (p).
SB639, s. 690
13Section
690. 851.73 (1) (d) of the statutes is amended to read:
SB639,399,1514
851.73
(1) (d) Has, when appointed for this purpose, the powers of deputy clerks
15as provided in s.
59.38 59.40 (1).
SB639, s. 691
16Section
691. 889.04 of the statutes is amended to read:
SB639,399,24
17889.04 County and municipal ordinances. Matter entered or recorded in
18any ordinance or record book under ss.
59.17 (2)
59.23 (2) (b), 60.33 (1) and (2), 61.25
19(3) and 62.09 (11) (c) or printed in any newspaper, book, pamphlet, or other form
20purporting to be so published, entered or recorded by any county, town, city or village
21in this state as a copy of its ordinance, bylaw, resolution or regulation, is prima facie
22evidence thereof; and after 3 years from the date of such publication, entry or
23recording such book or pamphlet shall be conclusive proof of the regularity of the
24adoption and publication of the ordinance, bylaw, resolution or regulation.
SB639, s. 692
25Section
692. 893.73 (1) (a) of the statutes is amended to read:
SB639,400,2
1893.73
(1) (a) An action to contest the validity of a county zoning ordinance or
2amendment, if s.
59.97 59.69 (14) applies to the action.
SB639, s. 693
3Section
693. 893.82 (2) (d) 2. of the statutes is amended to read:
SB639,400,54
893.82
(2) (d) 2. A member of a local emergency planning committee appointed
5by a county board under s.
59.07 (146) 59.54 (8) (a).
SB639, s. 694
6Section
694. 895.46 (1) (e) of the statutes is amended to read:
SB639,400,117
895.46
(1) (e) Any nonprofit corporation operating a museum under a lease
8agreement with the state historical society, and all officers, directors, employes and
9agents of such a corporation, and any local emergency planning committee appointed
10by a county board under s.
59.07 (146) 59.54 (8) (a) and all members of such a
11committee, are state officers, employes or agents for the purposes of this subsection.
SB639,400,1614
895.483
(3) A local emergency planning committee created under s.
59.07 (146)
1559.54 (8) (a) 1. that receives a grant under s. 166.21 is immune from civil liability
16for acts or omissions related to carrying out responsibilities under s. 166.21.
SB639, s. 696
17Section
696. 946.87 (3) of the statutes is amended to read:
SB639,401,618
946.87
(3) The attorney general or any district attorney may institute civil
19proceedings under this section. Notwithstanding s.
59.456 (5) 59.42 (2) (b) 4., in
20counties having a population of 500,000 or more, the district attorney or the
21corporation counsel may proceed under this section. A corporation counsel in a
22county having a population of 500,000 or more or a district attorney may institute
23proceedings under this section only with the prior written approval of the attorney
24general. In any action brought under this section, the circuit court shall proceed as
25soon as practicable to the hearing and determination. Pending final determination
1of any action under this section, the circuit court may at any time enter such
2injunctions, prohibitions or restraining orders or take such actions, including the
3acceptance of satisfactory performance bonds, as the court deems proper. At any time
4pending final determination of a forfeiture action under sub. (2), the circuit court
5may order the seizure of property subject to forfeiture and may make such orders as
6it deems necessary to preserve and protect the property.
SB639, s. 697
7Section
697. 973.045 (2) of the statutes is amended to read:
SB639,401,118
973.045
(2) After the clerk determines the amount due, the clerk of court shall
9collect and transmit the amount to the county treasurer under s.
59.395 (5) 59.40 (2)
10(m). The county treasurer shall then make payment to the state treasurer under s.
1159.20 (5) (b) 59.25 (3) (f) 2.
SB639, s. 698
12Section
698. 973.046 (2) of the statutes is amended to read:
SB639,401,1613
973.046
(2) After the clerk of court determines the amount due, the clerk shall
14collect and transmit the amount to the county treasurer under s.
59.395 (5) 59.40 (2)
15(m). The county treasurer shall then make payment to the state treasurer under s.
1659.20 (5) (b) 59.25 (3) (f) 2.
SB639, s. 699
17Section
699. 973.055 (2) (a) of the statutes is amended to read:
SB639,401,2218
973.055
(2) (a) If the assessment is imposed by a court of record, after the court
19determines the amount due, the clerk of the court shall collect and transmit the
20amount to the county treasurer as provided in s.
59.395 (5) 59.40 (2) (m). The county
21treasurer shall then make payment to the state treasurer as provided in s.
59.20 (5)
22(b) 59.25 (3) (f) 2.
SB639,402,13
1978.05
(6) (a) Institute, commence or appear in all civil actions or special
2proceedings under and perform the duties set forth for the district attorney under ss.
317.14, 30.03 (2), 48.09 (5),
59.073, 59.77 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
4(4), 109.09, 161.55 (5), 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b)
5and (6g) (a), 946.86, 946.87, 971.14 and 973.075 to 973.077, perform any duties in
6connection with court proceedings in a court assigned to exercise jurisdiction under
7chs. 48 and 938 as the judge may request and perform all appropriate duties and
8appear if the district attorney is designated in specific statutes, including matters
9within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
10the authority of the county board to designate, under s. 48.09 (5), that the corporation
11counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
1248.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
13interests of the public under s. 48.14 or 938.14.
SB639, s. 701
14Section
701. 978.06 (6) of the statutes is amended to read:
SB639,402,1715
978.06
(6) No district attorney, deputy district attorney or assistant district
16attorney may appear in a civil action or proceeding under s. 46.25 (7),
59.07 (97) 59.53
17(5), 767.075, 767.08 or 767.45 or ch. 769.
SB639, s. 702
18Section
702. 979.11 of the statutes is amended to read:
SB639,403,2
19979.11 Compensation of officers. The sole compensation of the coroner and
20deputy coroners for attendance at an inquest and for any preliminary investigation
21under this chapter at the direction of the district attorney shall be a reasonable sum
22set by the county board for each day actually and necessarily required for the
23purpose, and a sum set by the county board for each mile actually and necessarily
24traveled in performing the duty. Any coroner or deputy coroner may be paid an
25annual salary and allowance for traveling expenses to be established by the county
1board under s.
59.15 59.22 which shall be in lieu of all fees, per diem and
2compensation for services rendered.
SB639, s. 703
3Section
703.
Effective dates. This act takes effect on September 1, 1996,
4except as follows:
SB639,403,65
(1)
The renumbering of section 59.517 (4) (a) (by
Section 353 of the statutes
6takes effect on June 1, 1997.