SB639: Bill Text

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.

SB639, s. 668 Section 668. 767.15 (1) of the statutes is amended to read:

SB639,391,3 767.15 (1) In any action affecting the family in which either party is a recipient of aid under s. 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner 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 upon the child support program designee under s. 59.07 (97) 59.53 (5) of the county in which the action is begun.

SB639, s. 669 Section 669. 767.25 (4m) (d) 2. of the statutes is amended to read:

SB639,391,8 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, 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. 670 Section 670. 767.262 (4) (b) of the statutes is amended to read:

SB639,391,15 767.262 (4) (b) The court may order payment of costs under this section by a county in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.39 (9m) 59.40 (2) (h) is substantially incorrect and that the clerk of court has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

SB639, s. 671 Section 671. 767.27 (2m) of the statutes is amended to read:

SB639,392,5 767.27 (2m) In every action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261 and the circumstances specified in s. 767.075 (1) apply, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the designee under s. 59.07 (97) 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under ch. 785.

SB639, s. 672 Section 672. 767.27 (3) (b) of the statutes is amended to read:

SB639,392,9 767.27 (3) (b) The clerk of circuit court shall provide information from court records to the department of health and family services under s. 59.395 (7) 59.40 (2) (p).

SB639, s. 673 Section 673. 767.293 (1) of the statutes is amended to read:

SB639,393,7 767.293 (1) If an order for child support under this chapter or s. 948.22 (7), an order for family support under this chapter or a stipulation approved by the court or the family court commissioner for child support under this chapter requires a payer to pay child or family support in an amount that is expressed as a percentage of parental income, the payee, including the state or its designee under s. 59.07 (97) 59.53 (5) if the state is a real party in interest under s. 767.075 (1), may establish an arrearage by filing an affidavit in the action in which the order for the payment of support was entered or the stipulation for support was approved. The affidavit shall state the amount of the arrearage and the facts supporting a reasonable basis on which the arrearage was determined and may state the payer's current income and the facts supporting a reasonable basis on which the payer's current income was determined. Not later than 60 days after filing the affidavit, 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 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 arrearage or the amount of the arrearage not later than 20 days after the date of the notice, the court or family court commissioner may enter an order against the payer in the amount stated in the affidavit and may provide notice of assignment under s. 767.265. The notice shall include the mailing address to which the request for hearing must be mailed or delivered in order to schedule a hearing under sub. (2).

SB639, s. 674 Section 674. 767.32 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 77, is amended to read:

SB639,394,10 767.32 (1) (a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m), 938.363 (2) or 948.22 (7), maintenance payments under s. 767.26 or family support payments under this chapter, or for the appointment of trustees under s. 767.31, the court may, from time to time, on the petition, motion or order to show cause of either of the parties, or upon the petition, motion or order to show cause of the department of health and social services, a county department under s. 46.215, 46.22 or 46.23 or a child support program designee under s. 59.07 (97) 59.53 (5) if an assignment has been made under s. 49.19 (4) (h) or 49.45 (19) or if either party or their minor children receive aid under ch. 49, and upon notice to the family court commissioner, revise and alter such judgment or order respecting the amount of such maintenance or child support and the payment thereof, and also respecting the appropriation and payment of the principal and income of the property so held in trust, and may make any judgment or order respecting any of the matters that such court might have made in the original action, except that a judgment or order that waives maintenance payments for either party shall not thereafter be revised or altered in that respect nor shall the provisions of a judgment or order with respect to final division of property be subject to revision or modification. A revision, under this section, of a judgment or order with respect to an amount of child or family support may be made only upon a finding of a substantial change in circumstances. In any action under this section to revise a judgment or order with respect to maintenance payments, a substantial change in the cost of living by either party or as measured by the federal bureau of labor statistics may be sufficient to justify a revision of judgment or order with respect to the amount of maintenance, except that a change in an obligor's cost of living is not in itself sufficient if payments are expressed as a percentage of income.

SB639, s. 675 Section 675. 767.45 (6) (a) of the statutes is amended to read:

SB639,394,14 767.45 (6) (a) The attorney responsible for support enforcement under s. 59.458 (1) 59.53 (6) (a) shall provide the representation for the state as specified under s. 767.075 (1) in cases brought under this section.

SB639, s. 676 Section 676. 767.45 (6) (b) of the statutes is amended to read:

SB639,394,18 767.45 (6) (b) The attorney under s. 59.458 (1) 59.53 (6) (a) is the only county attorney who may provide representation when the state delegates its authority under sub. (1) (g).