SB300: Bill Text

Note: Corrects citation form. The correction has been made in the printed volumes.

SB300, s. 136 Section 136. 706.11 (4) of the statutes is amended to read:

SB300,54,3 706.11 (4) Subsection (1) does not apply to a 2nd mortgage assigned to or executed to the department of veterans affairs under s. 45.79 (3) (a) 1. or s. 45.80 (4) (a) 1., 1989 stats., or s. 45.37 (3).

Note: 1999 Wis. Act 63 renumbered s. 45.79 (3) (a) 1. to s. 45.79 (3) (a). 2005 Wis. Act 22 repealed and recreated ch. 45, recreating the language of s. 45.79 (3) (a) as s. 45.37 (3). The cross-references are placed in the correct order in accordance with current style.

SB300, s. 137 Section 137. 757.05 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 25, 60 and 455, is amended to read:

SB300,54,18 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 25 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

Note: 2005 Wis. Act 460 replaced "25%" with "26 percent" to make a substantive change and to change the form of how percentages are written consistent with current style. 2005 Wis. Act 445 replaced "25%" with "25 percent" only to change the form of how percentages are written consistent with current style. This amendment clarifies that the substantive change is given effect.

SB300, s. 138 Section 138. 757.48 (1) (a) of the statutes, as affected by 2005 Wisconsin Acts 387 and 443, is amended to read:

SB300,55,9 757.48 (1) (a) Except as provided in s. 879.23 (4), in all matters in which a guardian ad litem is appointed by the court, the guardian ad litem shall be an attorney admitted to practice in this state. In order to be appointed as a guardian ad litem under s. 767.407, an attorney shall have completed 3 hours of approved continuing legal education that relates to the functions and duties of a guardian ad litem under ch. 767 and that includes training on the dynamics of domestic violence and the effects of domestic violence on victims of domestic violence and on children. In order to be appointed as a guardian ad litem under s. 54.40 (1), an attorney shall have complied with SRC SCR chapter 36.

Note: Corrects citation. The change is shown in the printed volumes.

SB300, s. 139 Section 139. 767.225 (1) (ap) of the statutes, as affected by 2005 Wisconsin Act 174, section 2, and 2005 Wisconsin Act 443, section 87, is amended to read:

SB300,55,16 767.225 (1) (ap) Upon the request of a party, granting periods of electronic communication to a party in a manner consistent with s. 767.24 767.41. The court or circuit court commissioner shall make a determination under this paragraph within 30 days after the request for a temporary order regarding periods of electronic communication is filed.

Note: 2005 Wis. Act 443 renumbered s. 767.24 to s. 767.41.

SB300, s. 140 Section 140. 767.225 (1n) (b) 3. of the statutes, as affected by 2005 Wisconsin Act 342, section 1, and 2005 Wisconsin Act 443, section 90, is amended to read:

SB300,56,2 767.225 (1n) (b) 3. If the court or circuit court commissioner requires one party to cover the child under a health insurance policy or plan under sub. (1) (k), the court or circuit court commissioner shall order the party to provide to the other party a health insurance identification card for the child. Section 767.25 (4m) (bm) 2. and 3. 767.513 (2m) (b) and (c) applies to a failure to comply with a temporary order under this subdivision.

Note: 2005 Wis. Act 443 renumbered s. 767.25 (4m) to s. 767.513.

SB300, s. 141 Section 141. 767.24 (2) (e) of the statutes, as created by 2005 Wisconsin Act 471, is renumbered 767.41 (2) (e).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 443 renumbered the remainder of s. 767.24 to s. 767.41.

SB300, s. 142 Section 142. 767.24 (5) (c) of the statutes, as created by 2005 Wisconsin Act 471, is renumbered 767.41 (5) (c).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 443 renumbered the remainder of s. 767.24 to s. 767.41.

SB300, s. 143 Section 143. 767.325 (3m) of the statutes, as created by 2005 Wisconsin Act 471, is renumbered 767.451 (3m) and amended to read:

SB300,56,16 767.451 (3m) Reinstatement of former physical placement allocation and schedule. If a party is a service member, as defined in s. 767.24 767.41 (2) (e) 1., and the court modifies an order of physical placement on the basis that the service member has been or will be called to active duty in the U.S. armed forces, notwithstanding sub. (1) the court shall require in the order that the allocation of periods of physical placement and, if applicable, the physical placement schedule that were in effect before the modification are reinstated immediately upon the service member's discharge or release from active duty.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 443 renumbered the remainder of s. 767.325 to s. 767.451. Corrects a cross-reference.

SB300, s. 144 Section 144. 767.325 (5m) (c) of the statutes, as created by 2005 Wisconsin Act 471, is renumbered 767.451 (5m) (c) and amended to read:

SB300,57,3 767.451 (5m) (c) In an action to modify a legal custody order, if a party is a service member, as defined in s. 767.24 767.41 (2) (e) 1., the court may not consider as a factor in making a determination whether the service member has been or may be called to active duty in the U.S. armed forces and consequently is, or in the future will be or may be, absent from the service member's home.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b) and corrects cross-reference. 2005 Wis. Act 443 renumbered the remainder of s. 767.325 to s. 767.451 and renumbered s. 767.24 to s. 767.41.

SB300, s. 145 Section 145. The treatment of 767.451 (5m) (a) of the statutes, as renumbered, by 2005 Wisconsin Act 443, section 161, is not repealed by 2005 Wisconsin Act 471, section 7. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 767.451 (5m) (a), as renumbered from s. 767.325 (5m) (a) by 2005 Wis. Act 443, reads:

(a) Subject to pars. (b) and (c), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

SB300, s. 146 Section 146. 767.451 (5m) (b) of the statutes, as affected by 2005 Wisconsin Act 101, section 3, and 2005 Wisconsin Act 443, section 161, is amended to read:

SB300,57,13 767.451 (5m) (b) In determining the best interest of the child under this section, in addition to the factor under s. 767.24 767.41 (5) (am) 12m., the court shall consider whether a stepparent of the child has a criminal record and whether there is evidence that a stepparent of the child has engaged in abuse, as defined in s. 813.122 (1) (a), of the child or any other child or neglected the child or any other child.

Note: 2005 Wis. Act 443 renumbered s. 767.24 to s. 767.41.

SB300, s. 147 Section 147. 767.513 (2m) (title) of the statutes is created to read:

SB300,57,15 767.513 (2m) (title) Health insurance identification card.

Note: All other subsections of s. 767.513 have titles. 2005 Act 443 renumbered 767.25 (4m) to be 767.513 and created titles for all the existing subsections, as renumbered. 2005 Wis. Act 342 created 767.25 (4m) (bm), which as a result of the Act 443 renumbering became 767.513 (2m).

SB300, s. 148 Section 148. 767.513 (2m) (a) and (c) of the statutes, as affected by 2005 Wisconsin Act 342, section 2, and 2005 Wisconsin Act 443, section 104, are amended to read:

SB300,58,4 767.513 (2m) (a) The court shall order a parent who is required to provide health insurance coverage for a child under this subsection section to provide to the other parent a health insurance identification card evidencing the child's health insurance coverage.

SB300,58,8 (c) If the other parent is unable to obtain a health insurance identification card for the child in the manner provided in subd. 2. par. (b), the intentional failure to comply with the order to provide the card by the parent so ordered constitutes a contempt of court, punishable under ch. 785.

Note: Amends cross-references to reflect the renumbering of the provision by 2005 Wis. Act 443.

SB300, s. 149 Section 149. 767.57 (1e) (a) of the statutes, as affected by 2005 Wisconsin Act 443, section 129, is amended to read:

SB300,59,2 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or family support payments, including payments in arrears, and for maintaining the records required under par. sub. (1) (c), the department or its designee shall collect an annual fee of $35. The court shall order each party ordered to make payments to pay the fee 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, the court shall order that the fee be withheld from income and sent to the department or its designee, as provided under s. 767.75. Fees under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each party ordered to make payments of the requirement to pay, and the amount of, the fee. If the fee under this paragraph is not paid when due, the department or its designee may not deduct the fee from any maintenance, child or family support, or arrearage payment, but may move the court for a remedial sanction under ch. 785.

Note: Corrects cross-reference.

SB300, s. 150 Section 150. 767.57 (3) (a) of the statutes, as affected by 2005 Wisconsin Act 387, section 194, and 2005 Wisconsin Act 443, section 132, is amended to read:

SB300,59,12 767.57 (3) (a) If maintenance or support, or both, are ordered to be paid for the benefit of any individual who is committed by court order to an institution, who is in confinement, or whose legal custody is vested by court order under ch. 48 or 938 in an agency, department, relative, or other entity, the court may order that the maintenance or support be paid to the relative, agency, institution, welfare department, or other entity having legal or actual custody of the individual, and that it be used for the person's care and maintenance, without the appointment of a guardian in this state.

Note: Inserts comma deleted by 2005 Wis. Act 387 but required to accommodate the treatment by 2005 Wis. Act 443.

SB300, s. 151 Section 151. 779.50 (4) (g) of the statutes is amended to read:

SB300,59,15 779.50 (4) (g) For collecting and paying over all sums upon the sale, 5% 5 percent of the sums collected or $10 dollars, whichever is less.

Note: Deletes unnecessary word and inserts "percent" consistent with current style.

SB300, s. 152 Section 152. 813.123 (2) (b) of the statutes, as created by 2005 Wisconsin Act 388, is amended to read:

SB300,59,21 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880, 2003 stats., or ch. 54, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.

Note: Inserts correct cross-reference. 2005 Wis. Act 387 renumbered ch. 880 to ch. 54.

SB300, s. 153 Section 153. 814.04 (intro.) of the statutes, as affected by Supreme Court Order 03-06 and 2005 Wisconsin Acts 155, 325, 443 and 458 is amended to read:

SB300,60,7 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.553 (4) (d), 769.313, 814.025, 802.05, 814.245, 895.035 (4), 895.506, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

Note: 2005 Wis. Act 155 inserted "814.025" without showing it as underscored and deleted "814.245" without showing it as stricken. No change was intended. "895.506" is placed in numerical order. 2005 Wis. Act 458 inserted the cross-reference to s. 100.195 (5m) (b) but incorrectly showed all of the cross-references following s. 100.195 (5m) (b) as underscored.

SB300, s. 154 Section 154. The treatment of 814.65 (1) of the statutes by 2005 Wisconsin Act 54 is not repealed by 2005 Wisconsin Act 455. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 814.65 (1) reads:

(1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

SB300, s. 155 Section 155. 880.331 (4) (am) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (am).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 156 Section 156. 880.331 (4) (ar) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (ar).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 157 Section 157. 880.331 (4) (dm) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (dm).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 158 Section 158. 880.331 (4) (dr) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (h).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 created an identical provision as s. 54.40 (4) (h) and renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 159 Section 159. 880.331 (4) (ds) of the statutes, as created by 2005 Wisconsin Act 264, is renumbered 54.40 (4) (ds).

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 387 renumbered s. 880.331 (4) to s. 54.40 (4).

SB300, s. 160 Section 160. 893.55 (1d) (c) of the statutes, as created by 2005 Wisconsin Act 183, is amended to read:

SB300,61,17 893.55 (1d) (c) Based on actuarial studies, documentary evidence, testimony, and the experiences of other states, the legislature concludes there is a dollar figure so low as to deprive the injured victim of reasonable noneconomic damages, and there is a dollar figure at which the cap number is so high that it fails to accomplish the goals of affordable and accessible health care. The legislature concludes that the number chosen is neither too high nor too low to accomplish the goals of affordable and accessible health care, is a reasonable and rationale rational response to the current medical liability situation, and is reasonably and rationally supported by the legislative record.

Note: Corrects spelling.

SB300, s. 161 Section 161. 895.446 (4) of the statutes, as affected by 2005 Wisconsin Act 155, section 70, and 2005 Wisconsin Act 447, section 1, is amended to read:

SB300,62,3 895.446 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 939.13 969.13 (5) (a) for the same act.

Note: Inserts correct cross-reference consistent with the remainder of 2005 Wis. Act 447. There is no s. 939.13 (5) (a).

SB300, s. 162 Section 162. 938.27 (5) of the statutes, as affected by 2005 Wisconsin Acts 293 and 344, is amended to read:

SB300,62,11 938.27 (5) Notice to biological fathers. Subject to sub. (3) (b), the court shall make reasonable efforts to identify and notify any person who has filed a declaration of paternal interest under s. 48.025, any person who has acknowledged paternity of the child under s. 767.62 767.805 (1), and any person who has been adjudged to be the father of the juvenile in a judicial proceeding unless the person's parental rights have been terminated.

Note: Corrects cross-reference. Section 767.62 was renumbered s. 767.805 by 2005 Wis. Act 443.

SB300, s. 163 Section 163. 938.345 (1) (e) of the statutes, as affected by 2005 Wisconsin Acts 344 and 387, is amended to read:

SB300,62,17 938.345 (1) (e) Place any juvenile not found under ch. 880, 2003 stats., or ch. 46, 49, 51, 54, or 115, or ch. 880, 2003 stats., to have a developmental disability or a mental illness or to be a child with a disability, as defined in s. 115.76 (5), in a facility that exclusively treats one or more of those categories of juveniles.

Note: Places cross-references in correct order according to current style.

SB300, s. 164 Section 164. 940.43 (5) of the statutes is amended to read:

SB300,63,2 940.43 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 165 Section 165. 940.45 (5) of the statutes is amended to read:

SB300,63,8 940.45 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under s. 943.30, 1979 stats., ss. 940.42 to 940.45, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45.

Note: Places cross-references in correct order in accordance with current style.

SB300, s. 166 Section 166. The treatment of 943.245 (3m) of the statutes by 2005 Wisconsin Act 447 is not repealed by 2005 Wisconsin Act 462. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 943.245 (3m) reads:

(3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act and by any amount collected in connection with the act and paid to the plaintiff under a deferred prosecution agreement under s. 971.41.

SB300, s. 167 Section 167. 948.01 (5) (am) of the statutes, as created by 2005 Wisconsin Act 435, is renumbered 948.01 (5) (a) 2.