LRB-2233/4
BEM:kmg:ch
1995 - 1996 LEGISLATURE
September 21, 1995 - Introduced by Law Revision Committee. Referred to
Committee on State Government Operations and Corrections.
SB344,1,3
1An Act relating to: amending and renumbering various provisions of the
2statutes for the purpose of clarifying language, correcting and clarifying
3references, 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
4Section
1. 17.14 (4) of the statutes is amended to read:
SB344,2,125
17.14
(4) Costs. If the court, after a hearing on the merits, dismisses the
6petition and further finds the complaint was wilful and malicious and without
7probable cause, the court shall order judgment in favor of the officer and against the
1petitioner for $10 attorney fees and for the costs and fees of witnesses and officers
2incurred on behalf of the officer. The judgment shall be signed by the clerk of
the 3circuit court and entered
and docketed in the clerk's office as the judgment of the
4circuit court in the judgment and lien docket. An execution may be issued
thereon 5against the property of the petitioner in the same mode as upon a judgment entered
6in the circuit court in civil actions founded in tort. Upon the return of the execution
7unsatisfied in whole or in part, an execution against the person of the petitioner may
8be issued in the manner and with the force and effect of an execution against the
9person as provided in ss. 815.01 to 815.10. In all other cases the judge may order that
10the expenses incurred in procuring witnesses and other needed actual expenses
, be
11paid out of the treasury of the county in which the officer resides upon certificates
12of the clerk of
the circuit court.
SB344, s. 2
13Section
2. 19.05 of the statutes is renumbered 19.05 (1) (intro.) and amended
14to read:
SB344,2,2015
19.05
(1) (intro.) Whenever a judgment
shall be is rendered against any officer
16and the officer's sureties on the officer's official bond in any court other than the
17circuit court of the county in which
such the officer's official bond is filed, no execution
18for the collection
thereof of the judgment shall issue from
such the other court unless
19the plaintiff
therein, the plaintiff's agent or
the plaintiff's attorney shall make and
20file with
such the court an affidavit showing
that no each of the following:
SB344,2,23
21(a) That no other judgment has been rendered in any court in an action upon
22such the officer's bond against the sureties
therein which of the bond that remains
23in whole or in part unpaid
and that no.
SB344,3,3
1(b) That no other action upon
such the officer's bond against
said
the sureties
2was pending and undetermined in any other court at the time of the entry of
such the 3judgment
; but every such.
SB344,3,8
4(2) A transcript of a judgment
described in sub. (1) may be
docketed in other
5courts and entered in
the judgment and lien docket in other counties, shall constitute
6a lien, and may be enforced, in all respects the same as if it were an ordinary
7judgment, for the recovery of money, except as provided otherwise in
this section sub.
8(1).
SB344, s. 3
9Section
3. 30.75 (2) of the statutes is amended to read:
SB344,3,1810
30.75
(2) S
ERVICE BY
REGISTERED MAIL. If service of process is to be by registered
11mail, the original and necessary copies of the summons shall be left with the clerk
12of
the circuit court in which the action is to be brought, together with a sum of 75 cents
13to cover the cost of mailing. The clerk
of circuit court shall mail a copy to the
14defendant at the defendant's last address as known to the plaintiff or clerk
of circuit
15court, with the return receipt signed by the addressee requested. Service of
such the 16summons is
deemed considered completed when it is mailed. The clerk
of circuit
17court shall enter upon the
docket court record the date when the summons is mailed
18and the name of the person to whom mailed.
SB344, s. 4
19Section
4. 46.10 (5) of the statutes is amended to read:
SB344,4,320
46.10
(5) If any person named in an order to compel payment issued under sub.
21(4) (a) fails to pay the department any amount due under the terms of the order and
22no contested case to review the order is pending and the time for filing for a contested
23case review has expired, the department may present a certified copy of the order to
24the circuit court for any county. The circuit court shall, without notice, render
25judgment in accordance with the order. A judgment rendered under this subsection
1shall have the same effect and shall be entered
and docketed in the judgment and
2lien docket and may be enforced in the same manner as if the judgment had been
3rendered in an action tried and determined by the circuit court.
SB344, s. 5
4Section
5. 49.90 (12) of the statutes is amended to read:
SB344,4,215
49.90
(12) The parent of a dependent person who maintains a child of the
6dependent person under sub. (1) (a) 2. may, after the dependent person attains the
7age of 18, apply to the circuit court for the county in which the child resides for an
8order to compel restitution by the dependent person of the amount of maintenance
9provided to the dependent person's child by that parent. The circuit court shall in
10a summary way hear the allegations and proof of the parties and, after considering
11the financial resources and the future ability of the dependent person to pay, may by
12order specify a sum in payment of the restitution, to be paid weekly or monthly,
13during a period fixed by the order or until further order of the court. Upon application
14of any party affected by the order and following notice and an opportunity for
15presentation of allegations and proof by the parties, the court may modify the order.
16The parent of the dependent person may file a restitution order with the clerk of
17circuit court. Upon payment of the fee under s. 814.61 (5) (a), the clerk
of circuit court 18shall enter the order on the judgment
and lien docket under s. 806.10 in the same
19manner as for a judgment in a civil action. Thereafter, the parent of the dependent
20person may enforce the order against the dependent person in the same manner as
21for a judgment in a civil action.
SB344, s. 6
22Section
6. 49.90 (13) (c) of the statutes is amended to read:
SB344,5,1323
49.90
(13) (c) If the parent of the dependent person specified in par. (a) provides
24maintenance to the dependent person's child and if par. (b) applies, the parent may
25apply to the circuit court for the county in which the child resides for an order to
1compel restitution by the parent specified in par. (b) of the amount of maintenance
2provided. The circuit court shall in a summary way hear the allegations and proof
3of the parties and, after considering the financial resources and future ability of the
4parent of the dependent person specified in par. (b) to pay, may by order specify a sum
5in payment of the restitution, to be paid weekly or monthly, during a period fixed by
6the order or until further order of the court. Upon application of any party affected
7by the order and following notice and an opportunity for presentation of allegations
8and proof by the parties, the court may modify the order. The parent specified in par.
9(a) may file a restitution order with the clerk of circuit court. Upon payment of a fee
10under s. 814.61 (5) (a), the clerk
of circuit court shall enter the order on the judgment
11and lien docket under s. 806.10 in the same manner as for a judgment in a civil action.
12Thereafter, the parent specified in par. (a) may enforce the order against the parent
13specified in par. (b) in the same manner as for a judgment in a civil action.
SB344, s. 7
14Section
7. 50.05 (15) (e) of the statutes is amended to read:
SB344,5,1815
50.05
(15) (e) The clerk of
the circuit court for the county in which the facility
16is located shall record the filing of the petition for receivership in the
judgment and 17lien docket kept under s. 779.07 opposite the names of the operators and controlling
18persons named in the petition.
SB344,6,1021
50.05
(15) (f) The receiver shall, within 60 days after termination of the
22receivership, file a notice of any lien created under this subsection. No action on a
23lien created under this subsection may be brought more than 2 years after the date
24of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
25court of the county in which the facility is located and entered on the
judgment and
1lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be
2filed with the department of financial institutions. The department of financial
3institutions shall place the lien on personal property in the same file as financing
4statements are filed under ss. 409.401 and 409.402. The notice shall specify the
5name of the person against whom the lien is claimed, the name of the receiver, the
6dates of the petition for receivership and the termination of receivership, a
7description of the property involved and the amount claimed. No lien shall exist
8under this section against any person, on any property, or for any amount not
9specified in the notice filed under this paragraph. To the extent applicable, ch. 846
10controls the foreclosure of liens under this subsection that attach to real property.
SB344, s. 9
11Section
9. 51.42 (3) (d) 12. e. of the statutes is amended to read:
SB344,6,1512
51.42
(3) (d) 12. e. The clerk of circuit court for the county in which the facility
13is located shall record the filing of the petition for receivership in the
judgment and 14lien docket kept under s. 779.07 opposite the name of the county department of
15community programs or related program named in the petition.
SB344,7,918
51.42
(3) (d) 12. f. The receiver shall, within 60 days after termination of the
19receivership, file a notice of any lien created under this subdivision. No action on a
20lien created under this subdivision may be brought more than 2 years after the date
21of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
22court for the county in which the county department of community programs or
23related program is located and entered on
a the judgment and lien docket kept
24under s. 779.07. If the lien is on personal property, the lien shall be filed with the
25department of financial institutions. The department of financial institutions shall
1place the lien on personal property in the same file as financing statements are filed
2under ss. 409.401 and 409.402. The notice shall specify the name of the county
3department of community programs or related program against which the lien is
4claimed, the name of the receiver, the dates of the petition for receivership and the
5termination of receivership, a description of the property involved and the amount
6claimed. No lien may exist under this subdivision against any person, on any
7property or for any amount not specified in the notice filed under this subd. 12. f. To
8the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision
9that attach to real property.
SB344, s. 11
10Section
11. 59.39 (7) of the statutes is amended to read:
SB344,7,1411
59.39
(7) Keep a judgment
record and
lien docket
therein of all money
12judgments of the court, transcripts from judgment
and lien dockets of other
13Wisconsin courts and of federal courts, warrants for unemployment compensation
14and warrants for delinquent Wisconsin income or franchise taxes.
SB344, s. 12
15Section
12. 59.39 (8) of the statutes is amended to read:
SB344,7,1816
59.39
(8) Keep a
judgment and lien
record and docket
therein of all claims for
17liens filed by contractors, subcontractors, materialmen and laborers and all claims
18filed for log, mining and maintenance liens.
SB344, s. 13
19Section
13. 59.39 (10) of the statutes is amended to read:
SB344,7,2120
59.39
(10) File,
docket enter, record and keep such other papers, books and
21records as are required by law.
SB344, s. 14
22Section
14. 66.09 (1) of the statutes is renumbered 66.09 (1) (a) and amended
23to read:
SB344,8,924
66.09
(1) (a) When a final judgment for the payment of money shall be
25recovered against a town, village, city, county, school district, technical college
1district, town sanitary district, public inland lake protection and rehabilitation
2district or community center, or against any officer thereof, in any action by or
3against
him or her the officer in
his or her the officer's name of office, when the
4judgment should be paid by such municipality, the judgment creditor, or
his or her 5the judgment creditor's assignee or attorney, may file with the clerk
of circuit court 6a certified transcript of the judgment
or of the docket of the judgment, together with
7his or her the judgment creditor's affidavit of payments made, if any, and the amount
8due and that the judgment has not been appealed from or removed to another court,
9or if so appealed or removed has been affirmed.
SB344,8,16
10(b) The amount due, with costs and interest to the time when the money will
11be available for payment, shall be added to the next tax levy, and shall, when
12received, be paid to satisfy the judgment. If the judgment is appealed after filing the
13transcript with the clerk
of circuit court, and before the tax is collected, the money
14shall not be collected on that levy. If the clerk
of circuit court fails to include the
15proper amount in the first tax levy, he or she shall include it or such portion as is
16required to complete it in the next levy.
SB344, s. 15
17Section
15. 70.39 (4) of the statutes is renumbered 70.39 (4) (a) and amended
18to read:
SB344,8,2219
70.39
(4) (a) Within 5 days after the receipt of the warrant the sheriff shall file
20a copy of it with the clerk of
the circuit court of the county, unless the person makes
21satisfactory arrangements for payment with the department, in which case, the
22sheriff shall, at the direction of the department, return the warrant to it.
SB344,9,4
23(b) The clerk
of circuit court shall
docket enter the warrant as a delinquent
24income or franchise tax warrant
is docketed as required under s. 806.11. The clerk
25of circuit court shall accept, file and
docket enter the warrant without prepayment
1of any fee, but shall submit a statement of the proper fees within 30 days to the
2department of revenue. The fees shall be paid by the state treasurer upon audit by
3the department of administration on the certificate of the secretary of revenue and
4shall be charged to the proper appropriation for the department of revenue.
SB344,9,7
5(c) The sheriff shall be entitled to the same fees for executing upon the warrant
6as upon an execution against property issued out of a court of record, to be collected
7in the same manner.
SB344,9,12
8(d) Upon the sale of any real estate the sheriff shall execute a deed of the real
9estate, and the person may redeem the real estate as from a sale under an execution
10against property upon a judgment of a court of record. No public official may demand
11prepayment of any fee for the performance of any official act required in carrying out
12this section.
SB344,9,2515
71.91
(5) (b) 1. The clerk
of circuit court shall
docket enter the warrant under
16par. (ar) as required by s. 806.11, and upon
docketing
entering the amount of the
17warrant, together with interest required by s. 71.82 (2),
the warrant shall be
18considered in all respects as a final judgment. The clerk of circuit court shall accept,
19file and
docket enter the warrant without prepayment of any fee, but the clerk
of
20circuit court shall submit a statement of the proper fee semiannually to the
21department covering the periods from January 1 to June 30 and July 1 to December
2231. The fees shall then be paid by the state as provided by par. (h), but the fees
23provided by s. 814.61 (5) for filing and
docketing
entering the warrants shall be added
24to the amount of the warrant and collected from the taxpayer when satisfaction or
25release is presented for entry.
SB344,10,3
12. The sheriff shall be entitled to the same fees for executing upon such warrant
2as upon an execution against property issued out of a court of record, to be collected
3in the same manner.
SB344,10,6
43. Upon the sale of any real estate the sheriff shall execute a deed of the same,
5and the taxpayer shall have the right to redeem the real estate as from a sale under
6an execution against property upon a judgment of a court of record.
SB344, s. 17
7Section
17. 71.91 (5) (d) of the statutes is amended to read:
SB344,10,108
71.91
(5) (d) Upon
docketing entry of a warrant
in the judgment and lien
9docket, the department of revenue shall have the same remedies to enforce the claim
10for taxes, penalties, interest and costs as upon a judgment against the taxpayer.
SB344, s. 18
11Section
18. 75.521 (3) (am) 2. of the statutes is amended to read:
SB344,10,1812
75.521
(3) (am) 2. The name or names of the last owner or owners and
13mortgagee or mortgagees of the parcel as the ownership or mortgage interest
14appears of record in the office of the register of deeds of the county in which the parcel
15is situated, and the state of Wisconsin if it has a determined but unpaid death tax
16lien, a filed, nonoutlawed income or franchise tax warrant or a
docketed judgment
17entered in the judgment and lien docket, all in the county where the parcel is
18situated.
SB344, s. 19
19Section
19. 100.03 (12) of the statutes is amended to read:
SB344,11,420
100.03
(12) D
EMAND FOR PAYMENT; JUDGMENT LIEN. If the department issues a
21final order allowing producer claims under sub. (9), the department or any producer
22may demand payment of an allowed claim from the contractor, and from any other
23person who is obligated under the department's order. If the contractor does not pay
24the claim within 30 days after the demand is served on the contractor, the
25department or producer may file the department's final order with the clerk of circuit
1court in any county of this state. The clerk of
circuit court shall
docket enter the order
2as a judgment in the judgment and lien docket. Upon being
docketed entered, the
3order becomes a judgment lien against the real property, in that county, of the
4contractor or person obligated under the order.
SB344, s. 20
5Section
20. 102.20 of the statutes is amended to read:
SB344,11,11
6102.20 Judgment on award. Either
If either party
may present presents a
7certified copy of the award to the circuit court for any county,
whereupon said the 8court shall, without notice, render judgment in accordance therewith
; such. A 9judgment
rendered under this section shall have the same effect as though rendered
10in an action tried and determined by
said the court, and shall, with like effect, be
11entered
and docketed in the judgment and lien docket.
SB344, s. 21
12Section
21. 102.24 (1) of the statutes is amended to read: