SB344: Bill Text

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1995 - 1996 LEGISLATURE

1995 Senate BILL 344

September 21, 1995 - Introduced by Law Revision Committee. Referred to Committee on State Government Operations and Corrections.

SB344,1,3 An Act relating to: amending and renumbering various provisions of the statutes for the purpose of clarifying language, correcting and clarifying references, and eliminating obsolete terminology (Revisor's Correction Bill).

Analysis by the Legislative Reference Bureau

This bill proposes language to amend the statutes pertaining to the uniform use of the terms "docket" and "court record", and to the use of the term "judgment and lien" docket when referring to the integrated (now automated) master judgment and lien record. The changes are intended to reflect current definitions and usage of court record-keeping standard terminology as originally developed in a statewide project by the director of state courts office in conjunction with the National Center for State Courts. Additional revisions are made for the purpose of replacing obsolete terminology, conforming the affected provisions to current drafting style and improving readability.

This bill has been prepared by the revisor of statutes at the request of the supreme court and the director of state courts.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB344, s. 1 Section 1. 17.14 (4) of the statutes is amended to read:

SB344,2,12 17.14 (4) Costs. If the court, after a hearing on the merits, dismisses the petition and further finds the complaint was wilful and malicious and without probable cause, the court shall order judgment in favor of the officer and against the petitioner for $10 attorney fees and for the costs and fees of witnesses and officers incurred on behalf of the officer. The judgment shall be signed by the clerk of the circuit court and entered and docketed in the clerk's office as the judgment of the circuit court in the judgment and lien docket. An execution may be issued thereon against the property of the petitioner in the same mode as upon a judgment entered in the circuit court in civil actions founded in tort. Upon the return of the execution unsatisfied in whole or in part, an execution against the person of the petitioner may be issued in the manner and with the force and effect of an execution against the person as provided in ss. 815.01 to 815.10. In all other cases the judge may order that the expenses incurred in procuring witnesses and other needed actual expenses, be paid out of the treasury of the county in which the officer resides upon certificates of the clerk of the circuit court.

SB344, s. 2 Section 2. 19.05 of the statutes is renumbered 19.05 (1) (intro.) and amended to read:

SB344,2,20 19.05 (1) (intro.) Whenever a judgment shall be is rendered against any officer and the officer's sureties on the officer's official bond in any court other than the circuit court of the county in which such the officer's official bond is filed, no execution for the collection thereof of the judgment shall issue from such the other court unless the plaintiff therein, the plaintiff's agent or the plaintiff's attorney shall make and file with such the court an affidavit showing that no each of the following:

SB344,2,23 (a) That no other judgment has been rendered in any court in an action upon such the officer's bond against the sureties therein which of the bond that remains in whole or in part unpaid and that no.

SB344,3,3 (b) That no other action upon such the officer's bond against said the sureties was pending and undetermined in any other court at the time of the entry of such the judgment; but every such.

SB344,3,8 (2) A transcript of a judgment described in sub. (1) may be docketed in other courts and entered in the judgment and lien docket in other counties, shall constitute a lien, and may be enforced, in all respects the same as if it were an ordinary judgment, for the recovery of money, except as provided otherwise in this section sub. (1).

SB344, s. 3 Section 3. 30.75 (2) of the statutes is amended to read:

SB344,3,18 30.75 (2) SERVICE BY REGISTERED MAIL. If service of process is to be by registered mail, the original and necessary copies of the summons shall be left with the clerk of the circuit court in which the action is to be brought, together with a sum of 75 cents to cover the cost of mailing. The clerk of circuit court shall mail a copy to the defendant at the defendant's last address as known to the plaintiff or clerk of circuit court, with the return receipt signed by the addressee requested. Service of such the summons is deemed considered completed when it is mailed. The clerk of circuit court shall enter upon the docket court record the date when the summons is mailed and the name of the person to whom mailed.

SB344, s. 4 Section 4. 46.10 (5) of the statutes is amended to read:

SB344,4,3 46.10 (5) If any person named in an order to compel payment issued under sub. (4) (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered and docketed in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.

SB344, s. 5 Section 5. 49.90 (12) of the statutes is amended to read:

SB344,4,21 49.90 (12) The parent of a dependent person who maintains a child of the dependent person under sub. (1) (a) 2. may, after the dependent person attains the age of 18, apply to the circuit court for the county in which the child resides for an order to compel restitution by the dependent person of the amount of maintenance provided to the dependent person's child by that parent. The circuit court shall in a summary way hear the allegations and proof of the parties and, after considering the financial resources and the future ability of the dependent person to pay, may by order specify a sum in payment of the restitution, to be paid weekly or monthly, during a period fixed by the order or until further order of the court. Upon application of any party affected by the order and following notice and an opportunity for presentation of allegations and proof by the parties, the court may modify the order. The parent of the dependent person may file a restitution order with the clerk of circuit court. Upon payment of the fee under s. 814.61 (5) (a), the clerk of circuit court shall enter the order on the judgment and lien docket under s. 806.10 in the same manner as for a judgment in a civil action. Thereafter, the parent of the dependent person may enforce the order against the dependent person in the same manner as for a judgment in a civil action.

SB344, s. 6 Section 6. 49.90 (13) (c) of the statutes is amended to read:

SB344,5,13 49.90 (13) (c) If the parent of the dependent person specified in par. (a) provides maintenance to the dependent person's child and if par. (b) applies, the parent may apply to the circuit court for the county in which the child resides for an order to compel restitution by the parent specified in par. (b) of the amount of maintenance provided. The circuit court shall in a summary way hear the allegations and proof of the parties and, after considering the financial resources and future ability of the parent of the dependent person specified in par. (b) to pay, may by order specify a sum in payment of the restitution, to be paid weekly or monthly, during a period fixed by the order or until further order of the court. Upon application of any party affected by the order and following notice and an opportunity for presentation of allegations and proof by the parties, the court may modify the order. The parent specified in par. (a) may file a restitution order with the clerk of circuit court. Upon payment of a fee under s. 814.61 (5) (a), the clerk of circuit court shall enter the order on the judgment and lien docket under s. 806.10 in the same manner as for a judgment in a civil action. Thereafter, the parent specified in par. (a) may enforce the order against the parent specified in par. (b) in the same manner as for a judgment in a civil action.

SB344, s. 7 Section 7. 50.05 (15) (e) of the statutes is amended to read:

SB344,5,18 50.05 (15) (e) The clerk of the circuit court for the county in which the facility is located shall record the filing of the petition for receivership in the judgment and lien docket kept under s. 779.07 opposite the names of the operators and controlling persons named in the petition.

SB344, s. 8 Section 8. 50.05 (15) (f) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB344,6,10 50.05 (15) (f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the judgment and lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions. The department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable, ch. 846 controls the foreclosure of liens under this subsection that attach to real property.

SB344, s. 9 Section 9. 51.42 (3) (d) 12. e. of the statutes is amended to read:

SB344,6,15 51.42 (3) (d) 12. e. The clerk of circuit court for the county in which the facility is located shall record the filing of the petition for receivership in the judgment and lien docket kept under s. 779.07 opposite the name of the county department of community programs or related program named in the petition.

SB344, s. 10 Section 10. 51.42 (3) (d) 12. f. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB344,7,9 51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on a the judgment and lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions. The department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.

SB344, s. 11 Section 11. 59.39 (7) of the statutes is amended to read:

SB344,7,14 59.39 (7) Keep a judgment record and lien docket therein of all money judgments of the court, transcripts from judgment and lien dockets of other Wisconsin courts and of federal courts, warrants for unemployment compensation and warrants for delinquent Wisconsin income or franchise taxes.

SB344, s. 12 Section 12. 59.39 (8) of the statutes is amended to read:

SB344,7,18 59.39 (8) Keep a judgment and lien record and docket therein of all claims for liens filed by contractors, subcontractors, materialmen and laborers and all claims filed for log, mining and maintenance liens.

SB344, s. 13 Section 13. 59.39 (10) of the statutes is amended to read:

SB344,7,21 59.39 (10) File, docket enter, record and keep such other papers, books and records as are required by law.

SB344, s. 14 Section 14. 66.09 (1) of the statutes is renumbered 66.09 (1) (a) and amended to read:

SB344,8,9 66.09 (1) (a) When a final judgment for the payment of money shall be recovered against a town, village, city, county, school district, technical college district, town sanitary district, public inland lake protection and rehabilitation district or community center, or against any officer thereof, in any action by or against him or her the officer in his or her the officer's name of office, when the judgment should be paid by such municipality, the judgment creditor, or his or her the judgment creditor's assignee or attorney, may file with the clerk of circuit court a certified transcript of the judgment or of the docket of the judgment, together with his or her the judgment creditor's affidavit of payments made, if any, and the amount due and that the judgment has not been appealed from or removed to another court, or if so appealed or removed has been affirmed.

SB344,8,16 (b) The amount due, with costs and interest to the time when the money will be available for payment, shall be added to the next tax levy, and shall, when received, be paid to satisfy the judgment. If the judgment is appealed after filing the transcript with the clerk of circuit court, and before the tax is collected, the money shall not be collected on that levy. If the clerk of circuit court fails to include the proper amount in the first tax levy, he or she shall include it or such portion as is required to complete it in the next levy.

SB344, s. 15 Section 15. 70.39 (4) of the statutes is renumbered 70.39 (4) (a) and amended to read:

SB344,8,22 70.39 (4) (a) Within 5 days after the receipt of the warrant the sheriff shall file a copy of it with the clerk of the circuit court of the county, unless the person makes satisfactory arrangements for payment with the department, in which case, the sheriff shall, at the direction of the department, return the warrant to it.

SB344,9,4 (b) The clerk of circuit court shall docket enter the warrant as a delinquent income or franchise tax warrant is docketed as required under s. 806.11. The clerk of circuit court shall accept, file and docket enter the warrant without prepayment of any fee, but shall submit a statement of the proper fees within 30 days to the department of revenue. The fees shall be paid by the state treasurer upon audit by the department of administration on the certificate of the secretary of revenue and shall be charged to the proper appropriation for the department of revenue.

SB344,9,7 (c) The sheriff shall be entitled to the same fees for executing upon the warrant as upon an execution against property issued out of a court of record, to be collected in the same manner.

SB344,9,12 (d) Upon the sale of any real estate the sheriff shall execute a deed of the real estate, and the person may redeem the real estate as from a sale under an execution against property upon a judgment of a court of record. No public official may demand prepayment of any fee for the performance of any official act required in carrying out this section.

SB344, s. 16 Section 16. 71.91 (5) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is renumbered 71.91 (5) (b) 1. and amended to read:

SB344,9,25 71.91 (5) (b) 1. The clerk of circuit court shall docket enter the warrant under par. (ar) as required by s. 806.11, and upon docketing entering the amount of the warrant, together with interest required by s. 71.82 (2), the warrant shall be considered in all respects as a final judgment. The clerk of circuit court shall accept, file and docket enter the warrant without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31. The fees shall then be paid by the state as provided by par. (h), but the fees provided by s. 814.61 (5) for filing and docketing entering the warrants shall be added to the amount of the warrant and collected from the taxpayer when satisfaction or release is presented for entry.

SB344,10,3 2. The sheriff shall be entitled to the same fees for executing upon such warrant as upon an execution against property issued out of a court of record, to be collected in the same manner.

SB344,10,6 3. Upon the sale of any real estate the sheriff shall execute a deed of the same, and the taxpayer shall have the right to redeem the real estate as from a sale under an execution against property upon a judgment of a court of record.

SB344, s. 17 Section 17. 71.91 (5) (d) of the statutes is amended to read:

SB344,10,10 71.91 (5) (d) Upon docketing entry of a warrant in the judgment and lien docket, the department of revenue shall have the same remedies to enforce the claim for taxes, penalties, interest and costs as upon a judgment against the taxpayer.

SB344, s. 18 Section 18. 75.521 (3) (am) 2. of the statutes is amended to read:

SB344,10,18 75.521 (3) (am) 2. The name or names of the last owner or owners and mortgagee or mortgagees of the parcel as the ownership or mortgage interest appears of record in the office of the register of deeds of the county in which the parcel is situated, and the state of Wisconsin if it has a determined but unpaid death tax lien, a filed, nonoutlawed income or franchise tax warrant or a docketed judgment entered in the judgment and lien docket, all in the county where the parcel is situated.

SB344, s. 19 Section 19. 100.03 (12) of the statutes is amended to read:

SB344,11,4 100.03 (12) DEMAND FOR PAYMENT; JUDGMENT LIEN. If the department issues a final order allowing producer claims under sub. (9), the department or any producer may demand payment of an allowed claim from the contractor, and from any other person who is obligated under the department's order. If the contractor does not pay the claim within 30 days after the demand is served on the contractor, the department or producer may file the department's final order with the clerk of circuit court in any county of this state. The clerk of circuit court shall docket enter the order as a judgment in the judgment and lien docket. Upon being docketed entered, the order becomes a judgment lien against the real property, in that county, of the contractor or person obligated under the order.

SB344, s. 20 Section 20. 102.20 of the statutes is amended to read:

SB344,11,11 102.20 Judgment on award. Either If either party may present presents a certified copy of the award to the circuit court for any county, whereupon said the court shall, without notice, render judgment in accordance therewith ; such. A judgment rendered under this section shall have the same effect as though rendered in an action tried and determined by said the court, and shall, with like effect, be entered and docketed in the judgment and lien docket.

SB344, s. 21 Section 21. 102.24 (1) of the statutes is amended to read:

SB344,11,21 102.24 (1) Upon the setting aside of any order or award, the court may recommit the controversy and remand the record in the case to the commission for further hearing or proceedings, or it may enter the proper judgment upon the findings of the commission, as the nature of the case shall demand. An abstract of the judgment entered by the trial court upon the review of any order or award shall be made by the clerk of the circuit court upon the judgment and lien docket entry of any judgment which may have been rendered upon the order or award, and transcripts. Transcripts of the abstract may be obtained for like entry upon the judgment and lien dockets of the courts of other counties.

SB344, s. 22 Section 22. 102.26 (1) of the statutes is amended to read:

SB344,12,2 102.26 (1) No fees may be charged by the clerk of any circuit court for the performance of any service required by this chapter, except for the docketing entry of judgments and for certified transcripts thereof of judgments. In proceedings to review an order or award, costs as between the parties shall be in the discretion of the court, but no costs may be taxed against the commission.

SB344, s. 23 Section 23. 102.83 (1), (2) and (4) of the statutes are amended to read:

SB344,12,8 102.83 (1) (a) 1. If an uninsured employer fails to pay to the department any amount owed to the department under s. 102.82 and no appeal or other proceeding for review is pending and the time for taking an appeal has expired, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

SB344,12,12 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the uninsured employer mentioned in the warrant and the amount of the payments, interest, costs and other fees for which the warrant is issued and the date when the warrant is filed entered.

SB344,12,16 3. A warrant so docketed entered under subd. 2 shall be considered in all respects as a final judgment constituting a perfected lien on the uninsured employer's right, title and interest in all of the uninsured employer's real and personal property located in the county where the warrant is docketed entered.

SB344,12,25 4. After the warrant is docketed entered in the judgment and lien docket, the department or any authorized representative may file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the uninsured employer is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the uninsured employer to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 60 days after receipt of the warrant.

SB344,13,9 (b) The clerk of circuit court shall accept, file and docket enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk and the department. The fees shall then be paid by the department, but the fees provided by s. 814.61 (5) for filing and docketing entering the warrants shall be added to the amount of the warrant and collected from the uninsured employer when satisfaction or release is presented for entry.

SB344,13,18 (2) The department may issue a warrant of like terms, force and effect to any employe or other agent of the department, who may file a copy of the warrant with the clerk of circuit court of any county in the state, and thereupon the clerk of circuit court shall docket enter the warrant in the judgment and lien docket and it the warrant shall become a lien in the same manner, and with the same force and effect, as provided in sub. (1). In the execution of the warrant, the employe or other agent shall have all the powers conferred by law upon a sheriff, but may not collect from the uninsured employer any fee or charge for the execution of the warrant in excess of the actual expenses paid in the performance of his or her duty.

SB344,13,24 (4) When the payments, interest costs and other fees specified in a warrant have been paid to the department, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately make a record on enter the satisfaction of the judgment in the judgment and lien docket of the satisfaction of the judgment. The department shall send a copy of the satisfaction to the uninsured employer.

SB344, s. 24 Section 24. 108.22 (2) (a) of the statutes is renumbered 108.22 (2) (a) 1. and amended to read:

SB344,14,8 108.22 (2) (a) 1. If any employing unit fails to pay to the department any amount found to be due it in proceedings pursuant to s. 108.10, provided that no appeal or review permitted by said section under s. 108.10 is pending and that the time for taking an appeal or review has expired, the department or any authorized representative may issue a warrant directed to the clerk of circuit court for any county of the state.

SB344,14,12 2. The clerk of circuit court shall enter in the judgment and lien docket the name of the employing unit mentioned in the warrant and the amount of the contributions, interest, costs and other fees for which the warrant is issued and the date when such copy is filed entered.

SB344,14,16 3. A warrant so docketed entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the employing unit's right, title and interest in all real and personal property located in the county where the warrant is docketed entered.

SB344,14,24 4. The department or any authorized representative may thereafter file an execution with the clerk of circuit court for filing by the clerk of circuit court with the sheriff of any county where real or personal property of the employing unit is found, commanding the sheriff to levy upon and sell sufficient real and personal property of the employing unit to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue thereof within 60 days after receipt of the warrant.

SB344, s. 25 Section 25. 108.22 (2) (b) of the statutes is amended to read:

SB344,15,9 108.22 (2) (b) The clerk of circuit court shall accept, file and docket enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The fees shall then be paid by the department, but the fees provided by s. 814.61 (5) for filing and docketing entering the warrants shall be added to the amount of the warrant and collected from the employing unit when satisfaction or release is presented for entry.

SB344, s. 26 Section 26. 108.22 (3) of the statutes is amended to read:

SB344,15,19 108.22 (3) The department may issue a warrant of like terms, force and effect to any employe or other agent of the department, who may file a copy of such warrant with the clerk of circuit court of any county in the state, and thereupon such clerk shall docket enter the warrant in the judgement and lien docket and it the warrant shall become a lien in the same manner, and with the same force and effect, as provided in sub. (2). In the execution thereof of the warrant, the employe or other agent shall have all the powers conferred by law upon a sheriff, but shall not be entitled to collect from the employer any fee or charge for the execution of such the warrant in excess of the actual expenses paid in the performance of his or her duty.