AB512: Bill Text

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 Act 9 repealed s. 767.51 (3m), eff. 5-1-00.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

AB512, s. 136 Section 136. 938.78 (2) (ag) of the statutes is amended to read:

AB512,40,13 938.78 (2) (ag) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the request of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the request of the juvenile, if 14 years of age or over, to the parent, guardian, legal custodian, or juvenile, unless the agency finds that inspection of those records the record by the juvenile, parent, guardian, or legal custodian would result in imminent danger to anyone.

Note: Corrects sentence agreement.

AB512, s. 137 Section 137. 938.78 (2) (am) of the statutes is amended to read:

AB512,40,22 938.78 (2) (am) Paragraph (a) does not prohibit an agency from making available for inspection or disclosing the contents of a record, upon the written permission of the parent, guardian, or legal custodian of the juvenile who is the subject of the record or upon the written permission of the juvenile, if 14 years of age or over, to the person named in the permission if the parent, guardian, legal custodian, or juvenile specifically identifies the record in the written permission, unless the agency determines that inspection of those records the record by the person named in the permission would result in imminent danger to anyone.

Note: Corrects sentence agreement.

AB512, s. 138 Section 138. 979.01 (1) of the statutes is renumbered 979.01 (1) (intro.) and amended to read:

AB512,41,8 979.01 (1) (intro.) All physicians, authorities of hospitals, sanatoriums, public and private institutions, convalescent homes, authorities of any institution of a like nature, and other persons having knowledge of the death of any person who has died under any of the following circumstances, shall immediately report the death to the sheriff, police chief, or medical examiner or coroner of the county where the death took place.:

Note: This provision provides for the reporting deaths under the "following circumstances" and should have been punctuated and numbered as an (intro.) by the amendment made by 1999 Wis. Act 85. The paragraphs shown in the printed volumes following sub. (1g) were not renumbered and should follow this introduction provision. See also the next 2 sections of this bill.

AB512, s. 139 Section 139. 979.01 (1g) (intro.) of the statutes is renumbered 979.01 (1g) and amended to read:

AB512,41,15 979.01 (1g) A sheriff or police chief shall, immediately upon notification of a death under sub. (1), notify the coroner or the medical examiner, and the coroner or medical examiner of the county where death took place, if the crime, injury, or event occurred in another county, shall immediately report all of the following the death to the coroner or medical examiner of that county:.

Note: This subsection was a part of sub. (1) prior to 1999 Wis. Act 85. The paragraphs shown in the printed volumes following sub. (1g) were not renumbered and should follow sub. (1). This sub. (1g) should not have been drafted and punctuated as an (intro.). See also the previous section and next section of this bill.

AB512, s. 140 Section 140. 979.01 (1g) (a) to (i) of the statutes are renumbered 979.01 (1) (a) to (i).

Note: See the previous 2 sections of this bill.

AB512, s. 141 Section 141. 979.01 (1m) of the statutes is amended to read:

AB512,42,2 979.01 (1m) The coroner or medical examiner receiving notification under sub. (1) or (1g) shall immediately notify the district attorney.

Note: This provision includes a cross-reference change made necessary by the amendment of s. 979.01 (1) by 1999 Wisconsin Act 85.

AB512, s. 142 Section 142. 979.01 (1r) of the statutes is amended to read:

AB512,42,7 979.01 (1r) If the coroner or medical examiner is notified of a death under sub. (1) or (1g) and determines that his or her notification of the death was not required under sub. (1) or (1g), he or she shall notify the director of the historical society under s. 157.70 (3).

Note: This provision includes a cross-reference change made necessary by the amendment of s. 979.01 (1) by 1999 Wisconsin Act 85.

AB512, s. 143 Section 143. 1999 Wisconsin Act 97, section 27, is amended by replacing "shall be served at least" with "shall be served at least".

Note: 1999 Wis. Act 97 showed "at" as underscored, but it was previously existing. No change was intended.

AB512, s. 144 Section 144. 1999 Wisconsin Act 143, section 6, is amended by replacing "343.44 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:" with "343.44 (2) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:".

Note: 1999 Wis. Act 143 affected only the (intro.) to s. 343.44 (2) (b).

AB512, s. 145 Section 145. 1999 Wisconsin Act 185, section 159, is amended by replacing "441.50 (1) (n)" with "441.50 (2) (n)" in 2 places.

Note: Inserts correct statute citation.

AB512, s. 146 Section 146. 1999 Wisconsin Act 185, section 181, is amended by replacing "968.20 (1) of the statutes is amended to read:" with "968.20 (1) (intro.) of the statutes is amended to read:".

Note: Only the (intro.) to s. 968.20 (1) was amended.

AB512, s. 147 Section 147. 1999 Wisconsin Act 186, section 44, is amended by replacing "66.0603 (1) of the statutes, as affected by 1999 Wisconsin Act 65, sections 16 and 17, and 1999 Wisconsin Act 150, section 92, is renumbered 66.0603 (1m)." with "66.0603 (1) of the statutes, as affected by 1999 Wisconsin Act 65, sections 16 and 17, and 1999 Wisconsin Act 150, section 93, is renumbered 66.0603 (1m).".

Note: Inserts correct section number from 1999 Wis. Act 150 (ab 710).

AB512,43,6 (End)