AB936: Bill Text

AB936, s. 56 Section 56 . 196.44 (2) (a) of the statutes is renumbered 196.44 (2).

Note: Section 57 of this act repeals s. 196.44 (2) (b); s. 196.44 (2) (a) would be the only remaining paragraph.

AB936, s. 57 Section 57 . 196.44 (2) (b) of the statutes is repealed.

Note: By its terms, this provision is without effect after 6-30-01.

AB936, s. 58 Section 58. 196.499 (1) (f) of the statutes is amended to read:

AB936,19,21 196.499 (1) (f) For purposes of enforcing s. 196.209, 196.218 (3) or (8), 196.219, 196.85, or 196.858, or for purposes of approving or enforcing an interconnection agreement to which a telecommunications carrier is a party, a telecommunications carrier shall be subject to ss. 196.02 (3), 196.32, 196.33, 196.39, 196.395, 196.40, 196.41, 196.43, 196.44 (3), and 196.48 and be treated as a party to the agreement under ss. 196.199 and 196.26, as a public utility under ss. 196.02 (5) and (6), 196.14, 196.24, 196.44 (2) (a), 196.66, and 196.85 (1), and as a telecommunications provider under ss. 196.25 (3) and 196.65 (3).

Note: Section 56 of this act renumbers s. 196.44 (2) (a) to s. 196.44 (2).

AB936, s. 59 Section 59. 231.03 (14) of the statutes is amended to read:

AB936,20,8 231.03 (14) Make loans to a health facility, educational facility or, before May 1, 2000, child care center for which bonds may be issued under sub. (6) (b), or (d) or under s. 231.03 (6) (f), 1999 stats., to refinance the health facility's, educational facility's, or child care center's outstanding debt. The authority may secure the loan or bond by a mortgage or other security arrangement on the health facility, educational facility, or child care center granted by the participating health institution, participating educational institution, or participating child care provider to the authority.

Note: Inserts the correct cross-reference. 2001 Wis. Act 38 repealed s. 231.03 (6) (f).

AB936, s. 60 Section 60. 231.16 (3) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB936,20,17 231.16 (3) All bonds issued under this section shall be subject to this chapter in the same manner and to the same extent as other bonds issued pursuant to this chapter, except that the limitations with respect to dates under s. 231.03 (6) (e) and (f), 1999 stats., and under s. 231.03 (14) do not apply to bonds issued under this section, and the requirement under s. 231.08 (3) that the bonds mature in 30 years or less from their date of issue does not apply to bonds issued under this section to refund bonds issued under s. 231.03 (6) (g).

Note: 2001 Wis. Act 38 repealed s. 231.03 (6) (e) and (f).

AB936, s. 61 Section 61. 233.04 (7s) of the statutes is repealed.

Note: The performance evaluation required under this provision has completed by the legislative audit bureau, and the required report has been released.

AB936, s. 62 Section 62. The treatment of 252.15 (5) (a) 19. of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 69. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 252.15 (5) (a) 19. reads:

19. If the test was administered to a child who has been placed in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility, as defined in s. 938.02 (15m), including a placement under s. 48.205, 48.21, 938.205, or 938.21 or for whom placement in a foster home, treatment foster home, group home, residential care center for children and youth, or secured correctional facility is recommended under s. 48.33 (4), 48.425 (1) (g), 48.837 (4) (c), or 938.33 (3) or (4), to an agency directed by a court to prepare a court report under s. 48.33 (1), 48.424 (4) (b), 48.425 (3), 48.831 (2), 48.837 (4) (c), or 938.33 (1), to an agency responsible for preparing a court report under s. 48.365 (2g), 48.425 (1), 48.831 (2), 48.837 (4) (c), or 938.365 (2g), to an agency responsible for preparing a permanency plan under s. 48.355 (2e), 48.38, 48.43 (1) (c) or (5) (c), 48.63 (4) or (5) (c), 48.831 (4) (e), 938.355 (2e), or 938.38 regarding the child, or to an agency that placed the child or arranged for the placement of the child in any of those placements and, by any of those agencies, to any other of those agencies and, by the agency that placed the child or arranged for the placement of the child in any of those placements, to the child's foster parent or treatment foster parent or the operator of the group home, residential care center for children and youth, or secured correctional facility in which the child is placed, as provided in s. 48.371 or 938.371.

AB936, s. 63 Section 63. 285.55 of the statutes is repealed.

Note: By its terms, this provision is without effect after 7-1-98.

AB936, s. 64 Section 64. 340.01 (15pm) of the statutes, as created by 2001 Wisconsin Act 90, is amended to read:

AB936,21,7 340.01 (15pm) "Electric personal assistive mobility device" means a self-balancing, 2-nontandem-wheeled device that is designed to transport only one person and which that has an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 65 Section 65. 343.16 (3) (a) of the statutes is amended to read:

AB936,22,9 343.16 (3) (a) Except as provided in s. 343.20 (1) (f), the The department shall examine every applicant for the renewal of an operator's license once every 8 years. The department may institute a method of selecting the date of renewal so that such examination shall be required for each applicant for renewal of a license to gain a uniform rate of examinations. The examination shall consist of a test of eyesight. The department shall make provisions for giving such examinations at examining stations in each county to all applicants for an operator's license. The person to be examined shall appear at the examining station nearest the person's place of residence or at such time and place as the department designates in answer to an applicant's request. In lieu of examination, the applicant may present or mail to the department a report of examination of the applicant's eyesight by an ophthalmologist, optometrist or physician licensed to practice medicine. The report shall be based on an examination made not more than 3 months prior to the date it is submitted. The report shall be on a form furnished and in the form required by the department. The department shall decide whether, in each case, the eyesight reported is sufficient to meet the current eyesight standards.

Note: Section 66 of this act repeals s. 343.20 (1) (f).

AB936, s. 66 Section 66 . 343.20 (1) (f) of the statutes is repealed.

Note: By its terms, this provision is without effect after 12-31-01.

AB936, s. 67 Section 67. 441.15 (5) (a) (intro.) of the statutes, as created by 2001 Wisconsin Act 52, is amended to read:

AB936,22,16 441.15 (5) (a) (intro.) Except for any of the following, no person may practice nurse-midwifery unless he or she has in effect malpractice liability insurance in an amount that is at least the minimum amount specified in rules promulgated under par. (b) (bm):

Note: Inserts correct cross-reference. There is no s. 441.15 (5) (b).

AB936, s. 68 Section 68. 448.015 (1m) of the statutes, as created by 2001 Wisconsin Act 89, is amended to read:

AB936,23,3 448.015 (1m) "Perfusion" means that branch or system of treating the sick which that is limited to the operation and management of extracorporeal circulation to support, temporarily replace, measure, treat, or supplement the cardiopulmonary and circulatory system of a patient, including, when necessary to and part of the management and operation of extracorporeal circulation, the use of blood testing and advanced life support techniques and technologies, autotransfusion, and the administration of blood, blood products, and anesthetic and pharmacological agents.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 69 Section 69. 448.51 (1e) of the statutes, as created by 2001 Wisconsin Act 70, is amended to read:

AB936,23,13 448.51 (1e) No person may designate himself or herself as a physical therapist or use or assume the title "physical therapist," "physiotherapist," "physical therapy technician," "licensed physical therapist," "registered physical therapist," "master of physical therapy," "master of science in physical therapy," or "doctorate in physical therapy," or append to the person's name the letters "P.T.," "P.T.T.," "L.P.T.," "R.P.T.," "M.P.T.," "M.S.P.T.," or "D.P.T.," or any other title, letters, or designation which that represents or may tend to represent the person as a physical therapist, unless the person is licensed as a physical therapist under this subchapter.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 70 Section 70. 448.52 (1m) (intro.) of the statutes, as affected by 2001 Wisconsin Act 70, section 19m, is amended to read:

AB936,23,18 448.52 (1m) (intro.) This subchapter does not require a A license is not required under this subchapter for any of the following, if the person does not claim to render physical therapy or physiotherapy services:

Note: 2001 Wis. Act 70 inserted the underscored language without showing it as underscored and deleted the stricken language without showing it as stricken. The change was intended.

AB936, s. 71 Section 71. 457.02 (6) (b) 1. of the statutes, as created by 2001 Wisconsin Act 80, is amended to read:

AB936,24,3 457.02 (6) (b) 1. The person is registered as a music, art, or dance therapist under s. 440.03 (14) (a) and the person holds a valid license granted by the department under s. 440.03 (14) (am).

Note: Inserts missing article.

AB936, s. 72 Section 72. 470.025 (12) (b) of the statutes, as created by 2001 Wisconsin Act 53, is amended to read:

AB936,24,9 470.025 (12) (b) The person does not designate himself or herself as a professional geologist, hydrologist, or soil scientist or use any other title, letters, or designation which that represents or may tend to represent that the person is a professional geologist, hydrologist, or soil scientist.

Note: Replaces "which" with "that" to correct grammar.

AB936, s. 73 Section 73 . 757.69 (8) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 757.68 (8) and amended to read:

AB936,24,17 757.68 (8) Each circuit court commissioner appointed under s. 48.065, 757.68, 757.72, 767.13, or 938.065 shall participate in programs of continuing circuit court commissioner education required by the supreme court. The supreme court shall charge a fee for the costs of the continuing education programs required under this subsection. All moneys collected under this subsection shall be credited to the appropriation account under s. 20.680 (2) (ga).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2001 Wis. Act 61 also created a provision numbered s. 757.69 (8). This provision is renumbered for more logical placement after the treatment of s. 757.69 by Act 61 and the language is conformed to the changes made to ch. 757 by Act 61.

AB936, s. 74 Section 74. 767.455 (5g) (form) 2. of the statutes is amended to read:

AB936,25,3 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you only if the results of one or more genetic tests show that you are not excluded as the father and that the statistical probability of your being the father is less than 99.0%. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .....

Note: The underscored word was deleted by 1997 Wis. Act 191 without being stricken. No change was intended.

AB936, s. 75 Section 75. The treatment of 767.265 (1) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.265 (1) reads:

(1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4), for support by a spouse under s. 767.02 (1) (f), or for maintenance payments under s. 767.02 (1) (g), each order for or obligation to pay the annual receiving and disbursing fee under s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance, or family support payments under s. 767.32, each stipulation approved by the court or a circuit court commissioner for child support under this chapter, and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order, obligation, or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order, obligation, or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB936, s. 76 Section 76. The treatment of 767.267 (1) of the statutes by 2001 Wisconsin Act 38 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.267 (1) reads:

767.267 (1) If the court or circuit 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), the court or circuit 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 circuit 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, circuit 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.

AB936, s. 77 Section 77. The treatment of 767.27 (2) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.27 (2) reads:

(2) Disclosure forms required under this section shall be filed within 90 days after the service of summons or the filing of a joint petition or at such other time as ordered by the court or circuit court commissioner. Information contained on such forms shall be updated on the record to the date of hearing.

AB936, s. 78 Section 78. The treatment of 767.29 (1) (d) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.29 (1) (d) reads:

(d) For receiving and disbursing maintenance, child support, or family support payments, including arrears in any of those payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $35. The court or circuit court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph in each year for which payments are ordered or in which an arrearage in any of those payments is owed. In directing the manner of payment of the annual fee, the court or circuit court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or circuit court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the department or its designee may not deduct the annual fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

AB936, s. 79 Section 79. The treatment of 767.29 (3) (b) of the statutes by 2001 Wisconsin Act 59 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.29 (3) (b) reads:

(b) If a child who is the beneficiary of support under a judgment or order is placed by court order in a residential care center for children and youth, juvenile correctional institution, or state mental institution, the right of the child to support during the period of the child's confinement, including any right to unpaid support accruing during that period, is assigned to the state. If the judgment or order providing for the support of a child who is placed in a residential care center for children and youth, juvenile correctional institution, or state mental institution includes support for one or more other children, the support that is assigned to the state shall be the proportionate share of the child placed in the center or institution, except as otherwise ordered by the court or circuit court commissioner on the motion of a party.

AB936, s. 80 Section 80. The treatment of 767.32 (1) (a) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.32 (1) (a) reads:

(a) After a judgment or order providing for child support under this chapter or s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), 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, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or ch. 49, and upon notice to the office of 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. Except as provided in par. (d), 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.

AB936, s. 81 Section 81. 767.33 (1) (c), (2), (3) (a) and (b) and (4) (b), (c) (intro.) and (d) of the statutes, as affected by 2001 Wisconsin Acts 16 and 61, are amended to read:

AB936,27,8 767.33 (1) (c) In the order the court or family circuit court commissioner shall specify what information the parties must exchange to determine whether the payer's income has changed, and shall specify the manner and timing of the information exchange.

AB936,28,5 (2) If the court or family circuit court commissioner provides for an annual adjustment, the court or family circuit court commissioner shall make available to the parties, including the state if the state is a real party in interest under s. 767.075 (1), a form approved by the court or family circuit court commissioner for the parties to use in stipulating to an adjustment of the amount of child or family support and to modification of any applicable income-withholding order. The form shall include an order, to be signed by a judge or family circuit court commissioner, for approval of the stipulation of the parties.

AB936,28,10 (3) (a) If the payer's income changes from the amount found by the court or family circuit court commissioner or stipulated to by the parties for the current child or family support order, the parties may implement an adjustment under this section by stipulating, on the form under sub. (2), to the changed income amount and the adjusted child or family support amount, subject to sub. (1) (b).

AB936,28,16 (b) The stipulation form must be signed by all parties, including the state if the state is a real party in interest under s. 767.075 (1), and filed with the court. If the stipulation is approved, the order shall be signed by a judge or family circuit court commissioner and implemented in the same manner as an order for a revision under s. 767.32. An adjustment under this subsection shall be effective as of the date on which the order is signed by the judge or family circuit court commissioner.

AB936,28,23 (4) (b) If the court or family circuit court commissioner determines after a hearing that an adjustment should be made, the court or family circuit court commissioner shall enter an order adjusting the child or family support payments by the amount determined by the court or family circuit court commissioner, subject to sub. (1) (b). An adjustment under this subsection may not take effect before the date on which the party responding to the motion, petition, or order to show cause received notice of the action under this subsection.

AB936,29,2 (c) (intro.) Notwithstanding par. (b), the court or family circuit court commissioner may direct that all or part of the adjustment not take effect until such time as the court or family circuit court commissioner directs, if any of the following applies:

AB936,29,10 (d) If in an action under this subsection the court or family circuit court commissioner determines that a party has unreasonably failed to provide the information required under sub. (1) (c) or to provide the information on a timely basis, or unreasonably failed or refused to sign a stipulation for an annual adjustment, the court or family circuit court commissioner may award to the aggrieved party actual costs, including service costs, any costs attributable to time missed from employment, the cost of travel to and from court, and reasonable attorney fees.

Note: 2001 Wis. Act 16 repealed and recreated s. 767.33. 2001 Wis. Act 61 included an amendment of the repealed s. 767.33 (2) for the purpose of changing "family court commissioner" to "circuit court commissioner." The amendment of a repealed statute cannot be given effect. This provision implements the intent of the legislature in Act 61 by changing "family court commissioner" to "circuit court commissioner" wherever it appears in s. 767.33, as repealed and recreated.

AB936, s. 82 Section 82. The treatment of 813.125 (3) (a) (intro.) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 813.125 (3) (a) (intro.) reads:

(a) A judge or circuit circuit court commissioner may issue a temporary restraining order ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

AB936, s. 83 Section 83. 813.125 (3) (am) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB936,30,3 813.125 (3) (am) If the petitioner and the respondent are not married, and the respondent owns the premises where the petitioner resides, and the petitioner has no legal interest in the premises, in lieu of ordering the respondent to avoid the petitioner's residence under par. (a) the judge or circuit court commissioner may order the respondent to avoid the premises for a reasonable time until the petitioner relocates and shall order the respondent to avoid the new residence for the duration of the order.

Note: 2001 Wis. Act 61 changed "court commissioner" to "circuit court commissioner" throughout the statutes.

AB936, s. 84 Section 84. The treatment of 813.125 (4) (a) (intro.) of the statutes by 2001 Wisconsin Act 16 is not repealed by 2001 Wisconsin Act 61. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 813.125 (4) (a) (intro.) reads:

(a) A judge or circuit court commissioner may grant an injunction ordering the respondent to cease or avoid the harassment of another person, to avoid the petitioner's residence, except as provided in par. (am), or any premises temporarily occupied by the petitioner or both, or any combination of these remedies requested in the petition, if all of the following occur:

AB936, s. 85 Section 85. 813.125 (4) (am) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read: