SB344, s. 21
12Section
21. 102.24 (1) of the statutes is amended to read:
SB344,11,2113
102.24
(1) Upon the setting aside of any order or award, the court may
14recommit the controversy and remand the record in the case to the commission for
15further hearing or proceedings, or it may enter the proper judgment upon the
16findings of the commission, as the nature of the case shall demand. An abstract of
17the judgment entered by the trial court upon the review of any order or award shall
18be made by the clerk of
the circuit court upon the
judgment and lien docket entry of
19any judgment which may have been rendered upon the order or award
, and
20transcripts. Transcripts of the abstract may be obtained for like entry upon the
21judgment and lien dockets of the courts of other counties.
SB344, s. 22
22Section
22. 102.26 (1) of the statutes is amended to read:
SB344,12,223
102.26
(1) No fees may be charged by the clerk of any
circuit court for the
24performance of any service required by this chapter, except for the
docketing entry 25of judgments and
for certified transcripts
thereof of judgments. In proceedings to
1review an order or award, costs as between the parties shall be in the discretion of
2the court, but no costs may be taxed against the commission.
SB344, s. 23
3Section
23. 102.83 (1), (2) and (4) of the statutes are amended to read:
SB344,12,84
102.83
(1) (a)
1. If an uninsured employer fails to pay to the department any
5amount owed to the department under s. 102.82 and no appeal or other proceeding
6for review is pending and the time for taking an appeal has expired, the department
7or any authorized representative may issue a warrant directed to the clerk of circuit
8court for any county of the state.
SB344,12,12
92. The clerk
of circuit court shall enter in the judgment
and lien docket the
10name of the uninsured employer mentioned in the warrant and the amount of the
11payments, interest, costs and other fees for which the warrant is issued and the date
12when the warrant is
filed entered.
SB344,12,16
133. A warrant
so docketed entered under subd. 2 shall be considered in all
14respects as a final judgment constituting a perfected lien on the uninsured
15employer's right, title and interest in all of the uninsured employer's real and
16personal property located in the county where the warrant is
docketed entered.
SB344,12,25
174. After the warrant is
docketed
entered in the judgment and lien docket, the
18department or any authorized representative may file an execution with the clerk
19of circuit court for filing by the clerk
of circuit court with the sheriff of any county
20where real or personal property of the uninsured employer is found, commanding the
21sheriff to levy upon and sell sufficient real and personal property of the uninsured
22employer to pay the amount stated in the warrant in the same manner as upon an
23execution against property issued upon the judgment of a court of record, and to
24return the warrant to the department and pay to it the money collected by virtue of
25the warrant within 60 days after receipt of the warrant.
SB344,13,9
1(b) The clerk of circuit court shall accept
, file and
docket enter the warrant
in
2the judgment and lien docket without prepayment of any fee, but the clerk
of circuit
3court shall submit a statement of the proper fee semiannually to the department
4covering the periods from January 1 to June 30 and July 1 to December 31 unless a
5different billing period is agreed to between the clerk and the department. The fees
6shall then be paid by the department, but the fees provided by s. 814.61 (5) for
filing
7and docketing entering the warrants shall be added to the amount of the warrant and
8collected from the uninsured employer when satisfaction or release is presented for
9entry.
SB344,13,18
10(2) The department may issue a warrant of like terms, force and effect to any
11employe or other agent of the department, who may file a copy of the warrant with
12the clerk of circuit court of any county in the state, and thereupon the clerk
of circuit
13court shall
docket enter the warrant
in the judgment and lien docket and
it the
14warrant shall become a lien in the same manner, and with the same force and effect,
15as provided in sub. (1). In the execution of the warrant, the employe or other agent
16shall have all the powers conferred by law upon a sheriff, but may not collect from
17the uninsured employer any fee or charge for the execution of the warrant in excess
18of the actual expenses paid in the performance of his or her duty.
SB344,13,24
19(4) When the payments, interest costs and other fees specified in a warrant
20have been paid to the department, the department shall issue a satisfaction of the
21warrant and file it with the clerk of circuit court. The clerk
of circuit court shall
22immediately
make a record on enter the satisfaction of the judgment
in the judgment
23and lien docket
of the satisfaction of the judgment. The department shall send a copy
24of the satisfaction to the uninsured employer.
SB344, s. 24
1Section
24. 108.22 (2) (a) of the statutes is renumbered 108.22 (2) (a) 1. and
2amended to read:
SB344,14,83
108.22
(2) (a) 1. If any employing unit fails to pay to the department any
4amount found to be due it in proceedings pursuant to s. 108.10, provided that no
5appeal or review permitted
by said section under s. 108.10 is pending and that the
6time for taking an appeal or review has expired, the department or any authorized
7representative may issue a warrant directed to the clerk of circuit court for any
8county of the state.
SB344,14,12
92. The clerk
of circuit court shall enter in the judgment
and lien docket the
10name of the employing unit mentioned in the warrant and the amount of the
11contributions, interest, costs and other fees for which the warrant is issued and the
12date when such copy is
filed entered.
SB344,14,16
133. A warrant
so docketed entered under subd. 2. shall be considered in all
14respects as a final judgment constituting a perfected lien upon the employing unit's
15right, title and interest in all real and personal property located in the county where
16the warrant is
docketed entered.
SB344,14,24
174. The department or any authorized representative may thereafter file an
18execution with the clerk of circuit court for filing by the clerk
of circuit court with the
19sheriff of any county where real or personal property of the employing unit is found,
20commanding the sheriff to levy upon and sell sufficient real and personal property
21of the employing unit to pay the amount stated in the warrant in the same manner
22as upon an execution against property issued upon the judgment of a court of record,
23and to return the warrant to the department and pay to it the money collected by
24virtue thereof within 60 days after receipt of the warrant.
SB344, s. 25
25Section
25. 108.22 (2) (b) of the statutes is amended to read:
SB344,15,9
1108.22
(2) (b) The clerk of circuit court shall accept, file and
docket enter the
2warrant
in the judgment and lien docket without prepayment of any fee, but the clerk
3of circuit court shall submit a statement of the proper fee semiannually to the
4department covering the periods from January 1 to June 30 and July 1 to December
531 unless a different billing period is agreed to between the clerk
of circuit court and
6the department. The fees shall then be paid by the department, but the fees provided
7by s. 814.61 (5) for
filing and docketing entering the warrants shall be added to the
8amount of the warrant and collected from the employing unit when satisfaction or
9release is presented for entry.
SB344, s. 26
10Section
26. 108.22 (3) of the statutes is amended to read:
SB344,15,1911
108.22
(3) The department may issue a warrant of like terms, force and effect
12to any employe or other agent of the department, who may file a copy of such warrant
13with the clerk of circuit court of any county in the state, and thereupon such clerk
14shall
docket enter the warrant
in the judgement and lien docket and
it the warrant
15shall become a lien in the same manner, and with the same force and effect, as
16provided in sub. (2). In the execution
thereof of the warrant, the employe or other
17agent shall have all the powers conferred by law upon a sheriff, but shall not be
18entitled to collect from the employer any fee or charge for the execution of
such the 19warrant in excess of the actual expenses paid in the performance of his or her duty.
SB344, s. 27
20Section
27. 108.22 (5) of the statutes is amended to read:
SB344,16,221
108.22
(5) When the contributions set forth in a warrant together with interest
22and other fees to date of payment and all costs due the department have been paid
23to it, the department shall issue a satisfaction of the warrant and file it with the clerk
24of circuit court. The clerk
of circuit court shall immediately
make a record on the
1judgment docket of the enter a satisfaction of the judgment
on the judgment and lien
2docket. The department shall send a copy of the satisfaction to the employer.
SB344, s. 28
3Section
28. 304.10 (1) (b) of the statutes is amended to read:
SB344,16,64
304.10
(1) (b) A certified copy of the
docket court record entries, the indictment
5or information, and
such any additional papers on file in the court, if obtainable, as
6the governor requires;
SB344, s. 29
7Section
29. 345.51 of the statutes is amended to read:
SB344,16,13
8345.51 Reopening of default judgment. Except as provided in ss. 345.36
9and 345.37, there shall be no reopening of default judgments unless allowed by order
10of the trial court after notice and motion duly made and upon good cause shown. The
11notice of motion
must shall be filed within 6 months after
entry of the judgment
is
12entered in the
case docket court record. Default judgments for purposes of this
13section include pleas of guilty, no contest and forfeitures of deposit.
SB344, s. 30
14Section
30. 618.61 (4) (b) 2. of the statutes is amended to read:
SB344,16,2315
618.61
(4) (b) 2. Promptly upon the filing of the foreign decree and the affidavit,
16the clerk
of circuit court shall mail notice of the filing of the foreign decree to the
17defendant at the address given and to the commissioner and shall note the mailing
18in the
docket court record. In addition, the attorney general may mail a notice of the
19filing of the foreign decree to the defendant and to the commissioner or the
20commissioner may mail such a notice to the defendant, and either may file proof of
21mailing with the clerk
of circuit court. Failure of the clerk
of circuit court to mail
22notice of filing shall not affect the enforcement proceedings if the attorney general
23or commissioner has filed proof of mailing.
SB344, s. 31
24Section
31. 645.54 (3) (a) of the statutes is amended to read:
SB344,17,7
1645.54
(3) (a)
Definition. A lien obtainable by legal or equitable proceedings
2upon a simple contract is one arising in the ordinary course of
such proceedings a
3legal or equitable proceeding upon the
filing of a decree or entry
or docketing of a
4judgment or decree
in the judgment and lien docket, or upon attachment,
5garnishment, execution or like process, whether before, upon or after judgment or
6decree and whether before or upon levy. It does not include liens which under
7applicable law are given a special priority over other liens which are prior in time.
SB344, s. 32
8Section
32. 703.16 (4) of the statutes is amended to read:
SB344,17,229
703.16
(4) A
SSESSMENTS CONSTITUTE LIEN. All assessments, until paid, together
10with interest on them and actual costs of collection, constitute a lien on the units on
11which they are assessed, if a statement of lien is filed within 2 years after the date
12the assessment becomes due. The lien is effective against a unit at the time the
13assessment became due regardless of when within the 2-year period it is filed. A
14statement of condominium lien is filed in the land records of the clerk of circuit court
15of the county where the unit is located, stating the description of the unit, the name
16of the record owner, the amount due and the period for which the assessment was
17due. The clerk
of circuit court shall index the statement of condominium lien under
18the name of the record owner in the
condominium judgment and lien docket. The
19statement of condominium lien shall be signed and verified by an officer or agent of
20the association as specified in the bylaws and then may be filed. On full payment of
21the assessment for which the lien is claimed, the unit owner shall be entitled to a
22fileable satisfaction of the lien.
SB344, s. 33
23Section
33. 706.13 (1) of the statutes is amended to read:
SB344,18,624
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
25any person who submits for filing,
docketing entering in the judgment and lien
1docket or recording, any lien, claim of lien, lis pendens, writ of attachment or any
2other instrument relating to the title in real or personal property, knowing the
3contents or any part of the contents to be false, sham or frivolous, is liable in tort to
4any person interested in the property whose title is thereby impaired, for punitive
5damages of $1,000 plus any actual damages caused
thereby by the filing, entering
6or recording.
SB344, s. 34
7Section
34. 706.13 (3) of the statutes is amended to read:
SB344,18,108
706.13
(3) This section does not apply to a register of deeds or other government
9employe who acts in the course of his or her official duties and files,
dockets enters 10or records any instrument relating to title on behalf of another person.
SB344, s. 35
11Section
35. 706.15 of the statutes is amended to read:
SB344,18,17
12706.15 Liens against public officials or employes. No lien may be filed,
13docketed entered or recorded against the real or personal property of any official or
14employe of the state or any political subdivision of the state, relating to an alleged
15breach of duty by the official or employe, except after notice and a hearing before a
16court of record and a finding by the court that probable cause exists that there was
17a breach of duty.
SB344, s. 36
18Section
36. 707.34 (4) of the statutes is amended to read:
SB344,18,2219
707.34
(4) J
UDGMENT LIEN. A judgment for money against an association shall
20be a lien against all of the time shares if properly
docketed entered in the judgment
21and lien docket under ch. 806, but, notwithstanding s. 806.15 (1), the judgment shall
22not constitute a lien against any other property of a time-share owner.
SB344, s. 37
23Section
37. 707.37 (2) (b) of the statutes is amended to read:
SB344,19,924
707.37
(2) (b) A statement of time-share lien shall be filed in the land records
25of the office of the clerk of circuit court of the county where the time-share property
1is located, stating the description of the time-share property and the time share, the
2name of the time-share owner, the amount due and the period for which the
3assessment for time-share expenses was due. The clerk
of circuit court shall index
4the statement of time-share lien under the name of the time-share owner in the
5judgment and lien docket. The statement of time-share lien shall be signed and
6verified by an officer or agent of the association as specified in the bylaws or, if there
7is no association, a representative of the time-share owners. On full payment of the
8assessment for which the lien is claimed, the time-share owner shall be entitled to
9a fileable satisfaction of the lien.
SB344, s. 38
10Section
38. 755.12 of the statutes is amended to read:
SB344,19,17
11755.12 Delivery of books to municipal clerk. When a municipal court
12ceases to operate, the
docket court records, books of account, case files, moneys and
13bonds belonging to the court shall be delivered to the municipal clerk within 10 days
14after the vacancy occurs by the person who is in possession. If the municipal court
15was established under s. 755.01 (4), the person shall separate the
dockets court
16records, books, files, moneys and bonds according to the municipalities involved and
17deliver them to the appropriate municipal clerk.
SB344, s. 39
18Section
39. 755.14 (1) (intro.) of the statutes is amended to read:
SB344,19,2119
755.14
(1) (intro.) When the municipal clerk receives the
docket court records,
20books of account and case files of a municipal court which has ceased to operate, he
21or she shall within 10 days dispose of them as follows:
SB344, s. 40
22Section
40. 755.14 (1) (b) of the statutes is amended to read:
SB344,20,223
755.14
(1) (b) Deliver the case files of the pending and appealable cases to the
24clerk of
the circuit court of the county where the court held office and certified copies
25of the
docket court records for the past 12 months to the clerk of
the circuit court of
1every
other county in which the municipality lies, if the municipality in which the
2municipal court was located is in more than one county.
SB344, s. 41
3Section
41. 777.36 (2) of the statutes is amended to read:
SB344,20,64
777.36
(2) Judgments
docketed entered in the judgment and lien docket against
5the decedent, according to the
respective priority
thereof, respectively of the
6judgments.
SB344, s. 42
7Section
42. 778.14 of the statutes is amended to read:
SB344,20,17
8778.14 Treasurers to collect. Every town, village and city treasurer shall
9demand of and recover from each municipal judge of the town, village or city,
10respectively, all moneys received by
such the municipal judge upon judgments
11rendered in actions under this chapter, and every
such municipal judge shall, on
12demand of
either such treasurers a town, village or city treasurer, produce to the
13treasurer the court
docket record for examination and all process and papers
14concerning or in the actions. In case of refusal or neglect by the municipal judge to
15pay over promptly the moneys upon demand the treasurer shall cause an action to
16be instituted for the recovery
thereof of the moneys against the municipal judge and
17the sureties upon the municipal judge's official bond.
SB344, s. 43
18Section
43. 779.06 (1) of the statutes is amended to read:
SB344,21,319
779.06
(1) No lien under s. 779.01 shall exist and no action to enforce
the same 20a lien under s.779.01 shall be maintained unless within 6 months from the date the
21lien claimant furnished the last labor or materials a claim for
such the lien is filed
22in the office of the clerk of circuit court of the county in which the lands affected
23thereby by the lien lie, and unless within 2 years from the date of filing a claim for
24lien an action is brought and summons and complaint filed
therein. Such. A claim
25for
a lien may be filed and
docketed
entered in the judgment and lien docket, and
1action brought, notwithstanding the death of the owner of the property affected
2thereby by the action or of the person with whom the original contract was made,
3with like effect as if he or she were then living.
SB344, s. 44
4Section
44. 779.07 (title) and (1) (intro.) of the statutes are amended to read:
SB344,21,13
5779.07 (title)
Docket of liens
Judgment and lien docket.
(1) (intro.) Every
6clerk of
the circuit court shall keep a
separate judgment and lien docket
, entitled
7"lien docket," in which shall be entered, immediately upon
its filing, the proper
8entries under the appropriate headings specified in this subsection, relative to each
9claim for lien filed
with the clerk of court, opposite the names of the persons against
10whom the lien is claimed. The names shall be entered alphabetically
, or an
11alphabetical index shall be kept as judgment dockets are required by law to be kept.
12Each page
of the in the judgment and lien docket shall be divided into 9 columns, with
13headings in the following sequence to the respective columns, as follows:
SB344, s. 45
14Section
45. 779.07 (2) of the statutes is amended to read:
SB344,21,1615
779.07
(2) Such The judgment and lien docket shall be presumptive evidence
16of the correctness of
the its entries
therein made.
SB344, s. 46
17Section
46. 779.12 (2) of the statutes is amended to read:
SB344,21,2518
779.12
(2) If any deficiency arises upon the sale in the payment of the sums
19adjudged to be due to any lien claimant, the court, upon confirming
such the sale,
20may render judgment
therefor for the deficiency if demanded in the pleadings
21against the defendant legally liable to pay the
same which deficiency. The judgment
22may be
docketed entered in the judgment and lien docket and enforced in the same
23manner that ordinary judgments are. The purchasers at
such the sale shall be
24entitled to a writ of assistance under s. 815.63 to obtain possession of the premises
25sold.
SB344, s. 47
1Section
47. 779.13 (1) of the statutes is amended to read:
SB344,22,122
779.13
(1) Every lien claimant, or the attorney who executed and filed a claim
3for lien on the claimant's behalf, who has received satisfaction or tender of
such the 4claim with the costs of any action brought
thereon
on the claim shall, at the request
5of any person interested in the premises affected and on payment of the costs of
6satisfying the same, execute and deliver the necessary satisfaction to
such the 7interested person. On filing the satisfaction with the clerk of circuit court, the clerk
8of circuit court shall enter satisfaction of the claim on the
judgment and lien docket.
9Failure to execute and deliver the satisfaction or to satisfy the lien on the
judgment
10and lien docket shall render the person so refusing liable to pay to the person
11requiring the satisfaction a sum equal to one-half of the sum claimed in the claim
12for lien.
SB344, s. 48
13Section
48. 779.70 (5) of the statutes is amended to read:
SB344,22,1814
779.70
(5) The clerk of circuit court shall
docket enter each claim for a
15maintenance lien in
a the judgment and lien docket immediately after the claim is
16filed in the same manner that other liens are
docketed
entered. The date of levy of
17assessment will appear on the
judgment and lien docket instead of the last date of
18performance of labor or furnishing materials.
SB344, s. 49
19Section
49. 779.80 (3) (a) of the statutes is amended to read:
SB344,23,220
779.80
(3) (a) The clerk of circuit court
in every county shall, at the expense of
21the county, provide a suitable record to be called "the hospital lien docket", in which
22the clerk shall enter
all hospital liens in the judgment and lien docket, including the
23name of the injured person, the date of the event causing the injury and the name
24of the hospital or other institution making the claim. The clerk
of circuit court shall
1make a proper index of the docket in the name of the injured person and shall receive
2the fee prescribed in s. 814.61 (5) for
filing entering each
claim lien.
SB344, s. 50
3Section
50. 788.14 (title) and (1) (intro.) of the statutes are amended to read:
SB344,23,8
4788.14 (title)
Papers filed with motion regarding award; docketing
5entry of judgment, effect of judgment.
(1) (intro.) Any party to a proceeding for
6an order confirming, modifying or correcting an award shall, at the time
such the 7order is filed with the clerk
of circuit court for the entry of judgment thereon, also file
8the following papers with the clerk
of circuit court:
SB344, s. 51
9Section
51. 788.14 (2) of the statutes is amended to read:
SB344,23,1110
788.14
(2) The judgment shall be
docketed entered in the judgment and lien
11docket as if it was rendered in an action.
SB344, s. 52
12Section
52. 799.10 (title) and (1) of the statutes are amended to read:
SB344,23,17
13799.10 (title)
Case file,
case docket court record. (1) (title) C
LERK TO
14MAINTAIN docket COURT RECORD AND CASE FILE. The clerk
of circuit court shall
15maintain a
docket court record of small claims cases
under this chapter, which docket
16may be in loose leaf or card form, and a case file for each case in which there are
17papers other than the ones listed in s. 799.07 to be filed.
SB344, s. 53
18Section
53. 799.10 (2) (intro.) of the statutes is amended to read:
SB344,23,2019
799.10
(2) Entries; what to contain. (intro.) Entries in the
docket court record 20shall include:
SB344, s. 54
21Section
54. 799.10 (3) of the statutes is amended to read:
SB344,23,2522
799.10
(3) (title) C
ORRECTING docket COURT RECORD. The judge has power at any
23time to order the
docket court record corrected or any omission or additional entry
24supplied if
the judge is satisfied that an error or omission exists
, or that one or more
25additional entries are needed.
SB344, s. 55
1Section
55. 799.10 (4) of the statutes is amended to read:
SB344,24,62
799.10
(4) (title) T
IME OF Docket COURT RECORD ENTRIES. Entries in the
docket 3court record shall be made not later than the time of the entry of the judgment or final
4order, or as soon thereafter as possible. No
docket
court record entries need be made
5in uncontested cases where the action is for a money forfeiture charging violation of
6a parking regulation.
SB344, s. 56
7Section
56. 799.24 (1) of the statutes is amended to read:
SB344,24,178
799.24
(1) E
NTRY OF JUDGMENT OR ORDER; NOTICE OF ENTRY THEREOF. When a
9judgment or an order is rendered, the judge, court commissioner or clerk
of circuit
10court shall immediately enter it in the
case docket court record and note the date
11thereof which shall be the date of entry of judgment or order. The clerk
of circuit
12court, except in municipal and county forfeiture actions, shall mail a notice of entry
13of judgment to the parties or their attorneys at their last-known address within 5
14days of its entry.
Any such judgment shall be a docketed judgment for all purposes
15upon Upon payment of the fee prescribed in s. 814.62 (3) (c)
. The, the clerk
of circuit
16court shall enter the
docketed judgment in
an appropriate the judgment
record
and
17lien docket.
SB344, s. 57
18Section
57. 799.24 (2) of the statutes is amended to read:
SB344,24,2019
799.24
(2) (title) A
PPLICABILITY OF
SECTION s. 806.15. Section 806.15 shall apply
20with respect to
docketed judgments
entered in the judgment and lien docket.
SB344, s. 58
21Section
58. 800.04 (1) (b) 2. of the statutes is amended to read:
SB344,24,2422
800.04
(1) (b) 2. The defendant shall plead to the charges and the municipal
23judge shall enter the plea in the court
docket record. If the defendant refuses to
24plead, the municipal judge shall enter a plea of not guilty.
SB344, s. 59
25Section
59. 800.06 (1) (intro.) of the statutes is amended to read:
SB344,25,7
1800.06
(1) (intro.) If any municipal judge is to be temporarily absent or is sick
2or disabled, the municipal judge may deliver the
docket court record and all papers
3relating to any pending action to the circuit court of the county and the circuit court
4may try the action and enter judgment as though the action was begun before that
5court or the municipal judge may by written order, filed in the court and with the
6approval of the chief judge of the judicial administrative district, do one of the
7following:
SB344, s. 60
8Section
60. 800.06 (2) of the statutes is amended to read:
SB344,25,149
800.06
(2) If any municipal judge is incompetent, unable or fails to act, s. 751.03
10(2) applies. The parties and their attorneys shall be notified of the transfer to another
11judge or to circuit court prior to trial. The judge designated or the circuit court to
12which the case is transferred may, while in possession of the
docket court record,
13issue execution upon or give a certified transcript of any unsatisfied judgment
14appearing
therein in the record.