SB639: Bill Text

SB639, s. 624 Section 624. 185.42 (5) of the statutes is amended to read:

SB639,379,10 185.42 (5) Whenever the contract has been terminated in any such manner, the association shall give, upon demand, a statement of termination to the member-maker of the contract. Such member may record such statement in the office of the register of deeds where the contract was originally filed or recorded. At least once each year the association shall record in the office of the register of deeds where the contract was originally [filed] or recorded, a sworn list of the names of all member-makers whose contract has been terminated in any manner specified by sub. (4) (b) and (c). For any recording under this subsection the register of deeds shall receive the fee specified under s. 59.57 (1) 59.43 (2) (ag).

SB639, s. 625 Section 625. 185.82 (1) (c) of the statutes is amended to read:

SB639,379,14 185.82 (1) (c) Separate checks in the amount of the recording fee prescribed under s. 59.57 (1) (a) 59.43 (2) (ag) 1. payable to the register of deeds of each county in which the document is required to be recorded.

SB639, s. 626 Section 626. 194.05 (1) of the statutes is amended to read:

SB639,379,20 194.05 (1) This chapter shall not apply to motor vehicles owned by the United States, any state, or any political subdivision thereof, except in the case of transportation systems acquired and operated between counties under s. 59.968 (4) 59.58 (3) (d) but in such a case the political subdivision is exempt from the annual permit fee under s. 194.04 (4) (a).

SB639, s. 627 Section 627. 228.01 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,380,12 228.01 Recording of documents and public records by mechanical process authorized. Whenever any officer of any county having a population of 500,000 or more is required or authorized by law to file, record, copy, recopy or replace any document, court order, plat, paper, written instrument, writings, record or book of record, on file or of record in his or her office, notwithstanding any other provisions in the statutes, the officer may do so by photostatic, photographic, microphotographic, microfilm, optical imaging, electronic formatting or other mechanical process which produces a clear, accurate and permanent copy or reproduction of the original document, court order, plat, paper, written instrument, writings, record or book of record in accordance with the standards specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such processes or transfer from optical disk or electronic storage any document, court order, plat, paper, written instrument, writings, record or book of record which has previously been filed, recorded, copied or recopied. Optical imaging or electronic formatting of any document is subject to authorization under s. 59.145 (1) 59.52 (14) (a).

SB639, s. 628 Section 628. 234.49 (1) (i) of the statutes is amended to read:

SB639,380,20 234.49 (1) (i) "Sponsor" means any town, city, village or county in this state, or any community action agency or housing authority under s. 59.075 59.53 (22), 61.73, 66.395 or 66.40. A community action agency or housing authority may be a sponsor for the unincorporated area of a county if the board of supervisors of that county adopts a resolution authorizing it to be a sponsor. A community action agency or housing authority may be a sponsor for an incorporated municipality if the governing body of the municipality adopts a resolution authorizing it to be a sponsor.

SB639, s. 629 Section 629. 234.49 (2) (a) 4. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,381,2 234.49 (2) (a) 4. To designate as an authorized lender the authority or any local government agency, housing authority under s. 59.075 59.53 (22), 61.73, 66.395 or 66.40, bank, savings bank, savings and loan institution, mortgage banker registered under s. 224.72 or credit union, if the designee has a demonstrated history or potential of ability to adequately make and service housing rehabilitation loans.

SB639, s. 630 Section 630. 236.02 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,381,10 236.02 (3) "County planning agency" means a rural county planning agency authorized by s. 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.97 59.69 or any agency created by the county board and authorized by statute to plan land use.

SB639, s. 631 Section 631. 251.06 (4) (b) of the statutes is amended to read:

SB639,381,21 251.06 (4) (b) In any county with a county executive that has a single county health department, the county executive shall appoint and supervise the county health officer. The appointment is subject to confirmation by the county board unless the county board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) 59.52 (8) or ch. 63. The county health officer appointed under this paragraph is subject only to the supervision of the county executive. In a county with such a county health officer, the local board of health shall be only a policy-making body determining the broad outlines and principles governing the administration of the county health department.

SB639, s. 632 Section 632. 252.073 (3) of the statutes is amended to read:

SB639,381,24 252.073 (3) Compensation of trustees. The trustees of the sanatorium shall receive compensation as determined under the provisions of s. 59.15 59.22.

SB639, s. 633 Section 633. 301.37 (1) of the statutes is amended to read:

SB639,382,8 301.37 (1) The department shall fix reasonable standards and regulations for the design, construction, repair and maintenance of houses of correction, reforestation camps maintained under s. 303.07, jails as defined in s. 302.30, extensions of jails under s. 59.68 (7) 59.54 (14) (g), rehabilitation facilities under s. 59.07 (76) 59.53 (8), lockup facilities as defined in s. 302.30, Huber facilities under s. 303.09 and, after consulting with the department of health and family services, secure detention facilities, with respect to their adequacy and fitness for the needs which they are to serve.

SB639, s. 634 Section 634. 302.30 of the statutes is amended to read:

SB639,382,18 302.30 Definition of jail. In ss. 302.30 to 302.43, "jail" includes municipal prisons and rehabilitation facilities established under s. 59.07 (76) 59.53 (8) by whatever name they are known. In s. 302.37 (1) (a) and (3) (a), "jail" does not include lockup facilities. "Lockup facilities" means those facilities of a temporary place of detention at a police station which are used exclusively to hold persons under arrest until they can be brought before a court, and are not used to hold persons pending trial who have appeared in court or have been committed to imprisonment for nonpayment of fines or forfeitures. In s. 302.365, "jail" does not include rehabilitation facilities established under s. 59.07 (76) 59.53 (8).

SB639, s. 635 Section 635. 302.36 (1) of the statutes is amended to read:

SB639,382,23 302.36 (1) All jails shall be provided with suitable wards or buildings or cells in the case of jail extensions under s. 59.68 (7) 59.54 (14) (g) for the separation of criminals from noncriminals; persons of different sexes; and persons alleged to be mentally ill. All prisoners shall be kept segregated accordingly.

SB639, s. 636 Section 636. 302.45 (3) of the statutes is amended to read:

SB639,383,4 302.45 (3) Any county jail, reforestation camp established under s. 303.07, county house of correction or rehabilitation facility established under s. 59.07 (76) 59.53 (8), whether operated by one county or more than one county, may be a state-local shared correctional facility.

SB639, s. 637 Section 637. 302.46 (1) (b) of the statutes is amended to read:

SB639,383,10 302.46 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due for the jail assessment, the clerk of the court shall collect and transmit the jail assessment to the county treasurer as provided in s. 59.395 (5m) 59.40 (2) (n). The county treasurer shall place the amount in the county jail fund as provided in s. 59.20 (5m) 59.25 (3) (g).

SB639, s. 638 Section 638. 302.46 (1) (c) of the statutes is amended to read:

SB639,383,16 302.46 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due for the jail assessment, the court shall collect and transmit the jail assessment to the county treasurer under s. 800.10 (2). The county treasurer shall place the amount in the county jail fund as provided in s. 59.20 (5m) 59.25 (3) (g).

SB639, s. 639 Section 639. 343.10 (6) of the statutes is amended to read:

SB639,384,2 343.10 (6) Fee. No person may file a petition for an occupational license unless he or she first pays a fee of $40 to the clerk of the circuit court if the petition is to a judge of the circuit court, to the municipal court if the petition is to a judge of the municipal court or to the department if the petition is to the department under sub. (10). The clerk of the circuit court or the municipal court official shall give the person a receipt and forward the fee to the county or municipal treasurer, respectively. That treasurer shall pay 50% of the fee to the state treasurer under s. 59.20 (8r) 59.25 (3) (m) and retain the balance for the use of the county or municipality, respectively. The department shall give the person a receipt.

SB639, s. 640 Section 640. 346.655 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB639,384,8 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment of 29.2% of the amount to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 641 Section 641. 349.02 (2) (b) 4. of the statutes is amended to read:

SB639,384,11 349.02 (2) (b) 4. Local ordinances enacted under s. 59.07 (107) 59.54 (25), 60.23 (21) or 66.051 (1) (bm).

SB639, s. 642 Section 642. 350.115 (1) (d) of the statutes is amended to read:

SB639,384,16 350.115 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment and other amounts required under s. 59.395 (5) 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.20 (5) (b) 59.25 (3) (f) 2.

SB639, s. 643 Section 643. 448.03 (3) (f) 1. of the statutes is amended to read:

SB639,384,21 448.03 (3) (f) 1. Any person employed as an occupational therapist by a federal agency, as defined under s. 59.071 (3) (a) 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.

SB639, s. 644 Section 644. 448.03 (3) (g) 1. of the statutes is amended to read:

SB639,385,2 448.03 (3) (g) 1. Any person employed as an occupational therapy assistant by a federal agency, as defined under s. 59.071 (3) (a) 59.57 (2) (c) 1., if the person provides occupational therapy solely under the direction or control of the federal agency by which he or she is employed.

SB639, s. 645 Section 645. 560.60 (6) of the statutes is amended to read:

SB639,385,6 560.60 (6) "Governing body" means a county board, city council, village board, town board, regional planning commission or transit commission under s. 59.967 59.58 (2) or 66.943.

SB639, s. 646 Section 646. 601.41 (1) of the statutes is amended to read:

SB639,385,11 601.41 (1) Duties. The commissioner shall administer and enforce chs. 153 and 600 to 655 and ss. 59.07 (2) 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

SB639, s. 647 Section 647. 612.81 of the statutes is amended to read:

SB639,385,16 612.81 Register of deeds. No town mutual need file any corporate documents with any register of deeds for corporation law or regulatory purposes. All such documents held by registers of deeds on May 24, 1973, may be disposed of under s. 59.51 (14m) 59.43 (12) (b).

SB639, s. 648 Section 648. 632.895 (10) (a) of the statutes is amended to read:

SB639,385,24 632.895 (10) (a) Except as provided in par. (b), every disability insurance policy and every health care benefits plan provided on a self-insured basis by a county board under s. 59.07 (2) 59.52 (11), by a city or village under s. 66.184 or by a school district under s. 120.13 (2) shall provide coverage for blood lead tests for children under 6 years of age, which shall be conducted in accordance with any recommended lead screening methods and intervals contained in any rules promulgated by the department of health and family services under s. 254.158.

SB639, s. 649 Section 649. 632.897 (10) (am) 2. of the statutes is amended to read:

SB639,386,4 632.897 (10) (am) 2. Provide family coverage under the group policy or individual policy for the individual's child, if eligible for coverage, upon application by the individual, the child's other parent, the department of health and family services or the county designee under s. 59.07 (97) 59.53 (5).

SB639, s. 650 Section 650. 703.365 (2) (d) of the statutes is amended to read:

SB639,386,8 703.365 (2) (d) Commercial activity is permitted in a small residential condominium only to the extent that commercial activity is permitted in residences in a zoning ordinance adopted under s. 59.97 59.69, 60.61, 61.35 or 62.23.

SB639, s. 651 Section 651. 706.05 (1) of the statutes, as affected by 1995 Wisconsin Act 110, is amended to read:

SB639,386,13 706.05 (1) Subject to s. 59.517 59.43 (2m), every conveyance, and every other instrument which affects title to land in this state, shall be entitled to record in the office of the register of deeds of each county in which land affected thereby may lie.

SB639,386,14 History: History: 1971 c. 211; 1977 c. 217, 253, 447; 1979 c. 221; 1983 a. 492 s. 3; 1985 a. 174; 1991 a. 66, 269; 1993 a. 145, 486.

SB639, s. 652 Section 652. 706.057 (7) of the statutes is amended to read:

SB639,386,22 706.057 (7) Statement of claim; recording; register of deeds' duty. The register of deeds shall provide copies of the uniform form for statements of claim under subs. (4), (5) and (6). Upon receipt of a statement of claim under sub. (4), (5) or (6) in the office of the register of deeds, the register of deeds shall record the claim in a manner which will permit the existence of an interest in minerals to be determined by reference to the parcel or parcels of land above the interest in minerals. The claimant shall pay the recording fee under s. 59.57 59.43 (2).

SB639, s. 653 Section 653. 753.016 (2) of the statutes is amended to read:

SB639,387,2 753.016 (2) Court room; offices. The county board shall provide suitable court rooms and offices, the sheriff shall provide the necessary deputy sheriffs as attending officers under s. 59.23 59.27 (3) and the clerk of the circuit court shall provide a sufficient number of deputy clerks for all the judges and branches of the court.

SB639, s. 654 Section 654. 753.30 (1) of the statutes is amended to read:

SB639,387,19 753.30 (1) The clerk of circuit court shall keep the books and records under s. 59.39 59.40 (2) (a) to (i) and ch. 799 and perform the duties under s. 59.395 59.40 (2) (j) to (q) for all matters in the circuit court except those under chs. 48 and 851 to 880.In counties having only one circuit judge, the circuit judge, with the approval of the chief judge of the judicial administrative district, may appoint the clerk of court register in probate. The appointments are revocable at the pleasure of the circuit judge. Appointments and revocations shall be in writing and shall be filed in the office of the register in probate. If appointed for this purpose, the clerk has the powers and duties of registers in probate. In prosecutions of ordinance violations in the circuit court in counties having a population of 500,000 or more, an assistant chief deputy clerk appointed under sub. (3) (a), or one of his or her deputies, shall enter upon the records of the court a statement of the offense charged, which shall stand as the complaint, unless the court directs formal complaint be made. The defendant's plea shall be guilty or not guilty, and shall be entered as not guilty on failure to plead, which plea of not guilty shall put all matters in such case at issue, any other provisions of law notwithstanding.

SB639, s. 655 Section 655. 753.34 (7) of the statutes is amended to read:

SB639,388,2 753.34 (7) All fines and all costs and fees collected in circuit court for Menominee and Shawano counties in causes of action arising out of Menominee county shall be accounted for and paid over under s. 59.395 (5) 59.40 (2) (m) to the county treasurer of Menominee county and in causes of action arising out of Shawano county shall be accounted for and paid over under s. 59.395 (5) 59.40 (2) (m) to the county treasurer of Shawano county.

SB639, s. 656 Section 656. 756.24 of the statutes is amended to read:

SB639,388,6 756.24 Jurors, how paid. Within 30 days of the day that a juror has completed the service specified in s. 756.04, the clerk of the court shall prepare an order under s. 59.77 (8) (a) 59.64 (1) (g) 1.

SB639, s. 657 Section 657. 758.19 (5) (a) 1. of the statutes is amended to read:

SB639,388,8 758.19 (5) (a) 1. Juror fees under s. 59.77 (8) 59.64 (1) (g).

SB639, s. 658 Section 658. 766.56 (2) (a) of the statutes is amended to read:

SB639,388,13 766.56 (2) (a) The recording, under s. 59.51 (18) 59.43 (1) (r), of a marital property agreement or a unilateral statement or revocation under s. 766.59 does not constitute actual or constructive notice to 3rd parties. This paragraph does not affect the application of ch. 706.

SB639, s. 659 Section 659. 766.58 (11) of the statutes is amended to read:

SB639,388,17 766.58 (11) Married persons or persons intending to marry each other may record a marital property agreement in the county register of deeds office under s. 59.51 (18) 59.43 (1) (r).

SB639, s. 660 Section 660. 766.59 (2) (c) of the statutes is amended to read:

SB639,388,20 766.59 (2) (c) The executing spouse may record the statement in the county register of deeds office under s. 59.51 (18) 59.43 (1) (r).

SB639, s. 661 Section 661. 766.59 (4) of the statutes is amended to read:

SB639,389,2 766.59 (4) A statement may be revoked in writing by the executing spouse. The revoking spouse shall notify the other spouse of the revocation by personally delivering a copy to the other spouse or by sending a copy by certified mail to the other spouse's last-known address. The revoking spouse may record the revocation in the county register of deeds office under s. 59.51 (18) 59.43 (1) (r).

SB639, s. 662 Section 662. 767.045 (1) (c) (intro.) of the statutes is amended to read:

SB639,389,9 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

SB639, s. 663 Section 663. 767.075 (2) (a) of the statutes is amended to read:

SB639,389,15 767.075 (2) (a) Except as provided in par. (b), in any action affecting the family under a child support enforcement program, an attorney acting under s. 46.25 or 59.07 (97) 59.53 (5), including any district attorney or corporation counsel, represents only the state. Child support services provided by an attorney as specified in sub. (1) do not create an attorney-client relationship with any other party.

SB639, s. 664 Section 664. 767.075 (2) (b) of the statutes is amended to read:

SB639,389,20 767.075 (2) (b) Paragraph (a) does not apply to an attorney who is employed by the department of health and family services under s. 46.25 or a county under s. 59.07 (97) or 59.458 (1) 59.53 (5) or (6) (a) to act as the guardian ad litem of the minor child for the purpose of establishing paternity.

SB639, s. 665 Section 665. 767.08 (3) of the statutes is amended to read:

SB639,390,6 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee under s. 59.07 (97) 59.53 (5) or the state department of health and family services is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

SB639, s. 666 Section 666. 767.085 (1) (g) of the statutes is amended to read:

SB639,390,13 767.085 (1) (g) Whenever the petitioner requests an order or judgment affecting a minor child, that the petitioner requests the department of health and family services to provide services on behalf of the minor child under s. 46.25, except that this application does not authorize representation under s. 46.25 or 59.458 (2) 59.53 (6) (b), or intervention as a party in any action, by the department of health and family services.

SB639, s. 667 Section 667. 767.085 (5) of the statutes is amended to read:

SB639,390,20 767.085 (5) Response, contents. Whenever the respondent requests an order or judgment affecting a minor child, the response shall state that the respondent requests the department of health and family services to provide services on behalf of the minor child under s. 46.25, except that this application does not authorize representation under s. 46.25 or 59.458 (2) 59.53 (6) (b), or intervention as a party in any action, by the department of health and family services.