AB512: Bill Text

AB512, s. 106 Section 106. 343.06 (2) of the statutes is amended to read:

AB512,30,12 343.06 (2) The department shall not issue a commercial driver license, including a renewal, occupational, or reinstated license, to any person during any period of disqualification under s. 343.315 or 49 CFR 383.51 or the law of another jurisdiction in substantial conformity therewith, as the result of one or more disqualifying offenses committed on or after July 1, 1987. Any person who is known to the department to be subject to disqualification under s. 343.315 (1) (a) as described in s. 343.44 (1) (d) shall be disqualified by the department as provided in s. 343.315.

Note: The underscored language was deleted by 1999 Wis. Act 140 without being shown as stricken, and the stricken language was inserted without being shown as underscored. No change was intended.

AB512, s. 107 Section 107. The treatment of 343.23 (2) (b) of the statutes by 1999 Wisconsin Act 32 is not repealed by 1999 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 343.23 (2) (b) reads:

(b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

AB512, s. 108 Section 108. The treatment of 343.30 (1q) (b) 1. of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 343.30 (1q) (b) 1. reads:

1. Except as provided in subds. 3. and 4., the court shall revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.

AB512, s. 109 Section 109. The treatment of 343.31 (3) (bm) 1. of the statutes by 1997 Wisconsin Act 84 is not repealed by 1999 Wisconsin Act 109. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 343.31 (3) (bm) 1. reads:

1. Except as provided in subds. 3. and 4., the department shall revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.

AB512, s. 110 Section 110. The treatment of 343.315 (4) of the statutes by 1999 Wisconsin Act 85 is not repealed by 1999 Wisconsin Act 140. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 343.315 (4) reads:

(4) Notification and commencement. The department shall send the notice of disqualification by 1st class mail to a person's last-known residence address. A period of disqualification ordered under this section commences on the date on which the notice is sent under this subsection. This subsection does not apply to disqualifications under sub. (2) (g).

AB512, s. 111 Section 111. 455.02 (2m) (L) of the statutes is amended to read:

AB512,32,4 455.02 (2m) (L) A mental health professional who has met all of the qualifications under s. HSS HFS 61.96, Wis. adm. code, for employment as a mental health professional in an outpatient psychotherapy clinic certified by the department of health and family services under s. HSS HFS 61.95, Wis. adm. code, if the person is performing activities that are a part of the duties for which he or she is employed by such a certified outpatient psychotherapy clinic and is performing those activities solely within the confines of or under the jurisdiction of the clinic by which he or she is employed.

Note: Inserts correct citation.

AB512, s. 112 Section 112. 562.05 (8m) 1. and 2. of the statutes are renumbered 562.05 (8m) (a) and (b).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). Conforms numbering to current style.

AB512, s. 113 Section 113. 607.03 of the statutes is amended to read:

AB512,32,15 607.03 Nature of fund. Unless expressly provided otherwise, the life fund is subject as an insurer to chs. 600 to 646, except for chs. 610 to 618, 645, and 646, and is subject to all other laws applicable to insurers issuing life insurance, specifically including of the soldiers' and sailors' civil relief act of 1940 (, P.L. 861-76th congress) 76-861, and amendments thereto or reenactments thereof. Any policy entitled to benefits under that act shall be deemed amended to conform thereto. This subsection section shall remain in force concurrently with that act of congress and amendments thereto or reenactments thereof.

Note: Corrects citation form.

AB512, s. 114 Section 114. The treatment of 615.03 (1) (c) of the statutes by 1999 Wisconsin Act 32 is not repealed by 1999 Wisconsin Act 162. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 615.03 (1) (c) reads:

(c) A natural person who issues such an annuity to a relative by blood, marriage or adoption within the 3rd degree of kinship as computed according to s. 990.001 (16).

AB512, s. 115 Section 115. 628.02 (3) of the statutes is amended to read:

AB512,33,2 628.02 (3) Insurance broker. An intermediary is an insurance broker if the intermediary acts in the procuring of insurance on behalf of an applicant for insurance of or an insured, and does not act on behalf of the insurer except by collecting premiums or performing other ministerial acts.

Note: Corrects an error in transcribing Laws of 1975, ch. 371, which created this provision.

AB512, s. 116 Section 116. The treatment of 631.07 (3) (am) of the statutes by 1999 Wisconsin Act 85, section 119, is not repealed by 1999 Wisconsin Act 162, section 23. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 631.07 (3) (am) reads:

(am) Insurance for persons in international public service. The commissioner may promulgate rules permitting issuance of insurance for a limited term on the life or health of a person serving outside the continental United States in the public service of the United States, provided the policyholder is closely related by blood, marriage or adoption to the person whose life or health is insured.

AB512, s. 117 Section 117. 632.745 (10) (a) of the statutes is amended to read:

AB512,33,12 632.745 (10) (a) An employee welfare plan, as defined in section 3 (1) of the federal Employee Retirement Income Security Act of 1974, to the extent that the employee welfare plan provides medical care, including items and services paid for as medical care, to employees or to their dependents, as defined under the terms of the employee welfare plan, directly or through insurance, reimbursement , or otherwise.

Note: Corrects title to federal act.

AB512, s. 118 Section 118. 753.06 (1) (a) of the statutes is amended to read:

AB512,33,15 753.06 (1) (a) Milwaukee County. The circuit has 46 branches. Commencing August 1, 1999, the circuit has 47 branches.

Note: Deletes obsolete transition provision.

AB512, s. 119 Section 119. 753.06 (3) (a) of the statutes is amended to read:

AB512,33,18 753.06 (3) (a) Jefferson County. The circuit has 3 branches. Commencing August 1, 1999, the circuit has 4 branches.

Note: Deletes obsolete transition provision.

AB512, s. 120 Section 120. 753.06 (4) (b) of the statutes is amended to read:

AB512,34,3 753.06 (4) (b) Fond du Lac County. The circuit has 4 branches. Commencing August 1, 1999, the circuit has 5 branches.

Note: Deletes obsolete transition provision.

AB512, s. 121 Section 121. 753.06 (8) (e) of the statutes is amended to read:

AB512,34,6 753.06 (8) (e) Oconto County. The circuit has one branch. Commencing August 1, 1998, the circuit has 2 branches.

Note: Deletes obsolete transition provision.

AB512, s. 122 Section 122. 753.06 (8) (g) of the statutes is amended to read:

AB512,34,9 753.06 (8) (g) Waupaca County. The circuit has 2 branches. Commencing August 1, 2000, the circuit has 3 branches.

Note: Deletes obsolete transition provision.

AB512, s. 123 Section 123. 753.06 (9) (g) of the statutes is amended to read:

AB512,34,12 753.06 (9) (g) Marathon County. The circuit has 4 branches. Commencing August 1, 1999, the circuit has 5 branches.

Note: Deletes obsolete transition provision.

AB512, s. 124 Section 124. 767.267 (1) of the statutes is amended to read:

AB512,35,10 767.267 (1) If the court or the family court commissioner determines that income withholding under s. 767.265 is inapplicable, ineffective, or insufficient to ensure payment under an order or stipulation specified in s. 767.265 (1), or that income withholding under s. 767.25 (4m) (c) is inapplicable, ineffective , or insufficient to ensure payment of a child's health care expenses, including payment of health insurance premiums, ordered under s. 767.25 (4m) or 767.51 (3m), the court or family court commissioner may require the payer to identify or establish a deposit account, owned in whole or in part by the payer, that allows for periodic transfers of funds and to file with the financial institution at which the account is located an authorization for transfer from the account to the department or its designee, whichever is appropriate. The authorization shall be provided on a standard form approved by the court and shall specify the frequency and the amount of transfer, sufficient to meet the payer's obligation under the order or stipulation, as required by the court or family court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employee , or agent of the financial institution to disclose information to the court, family court commissioner, county child support agency under s. 59.53 (5), department, or department's designee regarding the account for which the payer has executed the authorization for transfer.

Note: 1999 Wis. Act 9 repealed s. 767.51 (3m), eff. 5-1-00.

AB512, s. 125 Section 125. 767.50 (1) of the statutes is amended to read:

AB512,36,7 767.50 (1) The trial shall be divided into 2 parts. The first part shall deal with the determination of paternity. The 2nd part shall deal with child support, legal custody, periods of physical placement, and related issues. At the first part of the trial, the main issue shall be whether the alleged or presumed father is or is not the father of the mother's child, but if the child was born to the mother while she was the lawful wife of a specified man there shall first be determined, as provided in s. 891.39, the prior issue of whether the husband was not the father of the child. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct, and if requested by either party, before the introduction of any testimony in the party's behalf, shall direct the jury, in cases where there is a jury, to find a special verdict as to any of the issues specified in this section except that the court shall make all the findings enumerated in s. 767.51 (2) to (5) (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.45 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

Note: 1999 Wis. Act 9 repealed s. 767.51 (4g) to (5).

AB512, s. 126 Section 126. 779.155 (5) (a) of the statutes is amended to read:

AB512,36,15 779.155 (5) (a) For the purpose of administering this section, sworn statements of the contractor setting forth the unpaid lien claims that have been or may be filed under s. 779.15 may be accepted by the proper officer, board, department , or commission, unless the judgment creditor or other interested person gives written notice that an action is pending to determine whether specified lien claims were incurred in performing the public work and the amount thereof, or to determine priorities in which event payments shall await the result of the action.

Note: 1999 Wis. Act 185 inserted the underscored text without showing it as underscored. The change was intended.

AB512, s. 127 Section 127. The treatment of 788.01 of the statutes by 1997 Wisconsin Act 237 is not repealed by 1997 Wisconsin Act 254. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 788.01 reads:

788.01 Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an agreement in writing between 2 or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 101.143 (6s) or 230.44 (4) (bm).

AB512, s. 128 Section 128. 812.44 (4) (form) paragraph 2. of the statutes is amended to read:

AB512,37,6 812.44 (4) (form) paragraph 2. You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

Note: Section 59.07 (154) was renumbered to s. 59.53 (21) by 1995 Wis. Act 201.

AB512, s. 129 Section 129. 812.44 (5) (form) paragraph 2. of the statutes is amended to read:

AB512,37,13 812.44 (5) (form) paragraph 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.07 (154) 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

Note: Section 59.07 (154) was renumbered to s. 59.53 (21) by 1995 Wis. Act 201.

AB512, s. 130 Section 130. 938.30 (6) (c) of the statutes is amended to read:

AB512,38,3 938.30 (6) (c) If the court orders the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court or if the court orders the juvenile's parent to provide that statement to the designated agency under s. 938.33 (1) and that designated agency is not the county department, the court shall also order the child's juvenile's parent to provide that statement to the county department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

Note: Replaces "child" with juvenile for internal consistency with the remainder of the paragraph and ch. 938.

AB512, s. 131 Section 131. 938.31 (7) (c) of the statutes is amended to read:

AB512,38,16 938.31 (7) (c) If the court orders the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court or if the court orders the juvenile's parent to provide that statement to the designated agency under s. 938.33 (1) and that designated agency is not the county department, the court shall also order the child's juvenile's parent to provide that statement to the county department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the cost of providing care for the juvenile.

Note: Replaces "child" with juvenile for internal consistency with the remainder of the paragraph and ch. 938.

AB512, s. 132 Section 132. 938.363 (1) (c) of the statutes is amended to read:

AB512,39,4 938.363 (1) (c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the juvenile's parent to provide a statement of income, assets, debts, and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts, and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and listing the factors that a court may consider under s. 46.10 301.12 (14) (c).

Note: Inserts cross-reference. 1997 Wis. Act 237 changed the remainder of the cross-references to s. 46.10 (14) (c) to 301.12 (14) (c). The two statutes are parallel provisions, but s. 301.12 relates to the department of corrections, which administers ch. 938, while s. 46.10 relates to the department of health and family services and its administration of ch. 48.

AB512, s. 133 Section 133. 938.363 (2) of the statutes is amended to read:

AB512,39,10 938.363 (2) If the court revises a dispositional order with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor juvenile who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 46.10 301.12 (14).

Note: Inserts cross-reference. 1997 Wis. Act 237 changed the remainder of the cross-references to s. 46.10 (14) to 301.12 (14). The two statutes are parallel provisions, but s. 301.12 relates to the department of corrections, which administers ch. 938, while s. 46.10 relates to the department of health and family services and its administration of ch. 48.

AB512, s. 134 Section 134. 938.48 (3) of the statutes is amended to read:

AB512,39,16 938.48 (3) Accept supervision over juveniles transferred to it by the court under s. 938.183, 938.34 (4h), (4m), or (4n) or 938.357 (4), and provide special treatment and or care when directed by the court. Except as provided in s. 938.505 (2), a court may not direct the department to administer psychotropic medications to juveniles who receive special treatment or care under this subsection.

Note: Conforms terminology to the remainder of ch. 938 "Special treatment or care" is a defined term.

AB512, s. 135 Section 135. 938.57 (1) (b) of the statutes is amended to read:

AB512,40,5 938.57 (1) (b) Accept legal custody or supervision of juveniles transferred to it by the court under s. 938.355 and provide special treatment and or care if ordered by the court. Except as provided in s. 938.505 (2), a court may not order a county department to administer psychotropic medications to juveniles who receive special treatment or care under this paragraph.

Note: Conforms terminology to the remainder of ch. 938. "Special treatment or care" is a defined term.