Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,447,5 1219. Page 1878, line 5: after that line insert:

AB100-ASA1-AA1,447,6 " Section 5165b. 799.24 (1) of the statutes is amended to read:

AB100-ASA1-AA1,447,14 799.24 (1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk of circuit court shall enter the judgment in the judgment and lien docket.".

AB100-ASA1-AA1,447,15 1220. Page 1878, line 5: after that line insert:

AB100-ASA1-AA1,447,17 " Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the statutes is amended to read:

AB100-ASA1-AA1,447,18 CHAPTER 779

AB100-ASA1-AA1,447,21 SUBCHAPTER IX HOSPITAL Health care provider LIENS

AB100-ASA1-AA1, s. 5165e Section 5165e. 779.80 (title) of the statutes is amended to read:

AB100-ASA1-AA1,447,23 779.80 (title) Hospital Health care provider liens.

AB100-ASA1-AA1, s. 5165g Section 5165g. 779.80 (1) of the statutes is renumbered 779.80 (1m) and amended to read:

AB100-ASA1-AA1,448,7 779.80 (1m) Every corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state shall have health care provider has a lien for services rendered, by way of treatment, care or maintenance, to any person who has sustained personal injuries as a result of the negligence, wrongful act or any tort of any other person.

AB100-ASA1-AA1, s. 5165i Section 5165i. 779.80 (1b) of the statutes is created to read:

AB100-ASA1-AA1,448,9 779.80 (1b) In this section, "health care provider" means all of the following:

AB100-ASA1-AA1,448,11 (a) A corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state.

AB100-ASA1-AA1,448,12 (b) A chiropractor licensed under ch. 446.

AB100-ASA1-AA1, s. 5165k Section 5165k. 779.80 (2) of the statutes is amended to read:

AB100-ASA1-AA1,448,19 779.80 (2) Such lien shall attach to any and The lien under this section attaches to all rights of action, suits, claims, demands and upon any judgment, award or determination, and upon the proceeds of any settlement which such the injured person, or legal representatives might have against any such other person for damages on account of such the injuries, for the amount of the reasonable and necessary charges of such hospital the health care provider.

AB100-ASA1-AA1, s. 5165m Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae) and amended to read:

AB100-ASA1-AA1,449,10 779.80 (3) (ae) No such lien shall be A lien under this section is not effective unless the health care provider files a written notice containing under this paragraph. The notice shall contain the name and address of the injured person, the date and location of the event causing such the injuries, the name and location address of the hospital health care provider, and if ascertainable by reasonable diligence, the names and addresses of the persons alleged to be liable for damages sustained by such the injured person ,. The notice shall be filed in the office of the clerk of circuit court in the county in which such the injuries have occurred, or in the county in which such hospital the health care provider is located, or in the county in which suit for recovery of such damages is pending,. The notice shall be filed prior to the payment of any moneys to such the injured person or legal representatives, but in no event later than 60 days after discharge of such injured person from the hospital the date that the health care provider last provided services to the injured person for the injuries.

AB100-ASA1-AA1, s. 5165o Section 5165o. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and amended to read:

AB100-ASA1-AA1,449,17 779.80 (3) (am) The clerk of circuit court shall enter all hospital liens created under this section in the judgment and lien docket, including the name of the injured person, the date of the event causing the injury and the name of the hospital or other institution health care provider making the claim. The clerk of circuit court shall receive the fee prescribed in s. 814.61 (5) for entering each lien.

AB100-ASA1-AA1, s. 5165q Section 5165q. 779.80 (3) (b) and (c) of the statutes are amended to read:

AB100-ASA1-AA1,450,2 779.80 (3) (b) Within 10 days after filing of the notice of lien under par. (ae), the hospital health care provider shall send by certified mail or registered mail or serve personally a copy of such the notice with the date of filing thereof to or upon the injured person and the person alleged to be liable for damages sustained by such the injured person, if ascertained by reasonable diligence. If such hospital the health care provider fails to give notice if the name and address of the person injured or the person allegedly liable for the injury are known or should be known, the lien shall be is void.

AB100-ASA1-AA1,450,6 (c) The hospital health care provider shall also serve a copy of such the notice under par. (ae), as provided in par. (b), to any insurer which that has insured such the person alleged to be liable for the injury against such liability, if the name and address may be ascertained by reasonable diligence.

AB100-ASA1-AA1, s. 5165s Section 5165s. 779.80 (4) of the statutes is amended to read:

AB100-ASA1-AA1,450,13 779.80 (4) After filing and service of the notice of lien, no release of any judgment, claim or demand by the injured person shall be is valid as against such the lien under this section, and the person making any payment to such the injured person or legal representatives as compensation for the injuries sustained shall, for a period of one year from after the date of such the payment, remain liable to the hospital health care provider for the amount of such the lien.

AB100-ASA1-AA1, s. 5165u Section 5165u. 779.80 (5) of the statutes is amended to read:

AB100-ASA1-AA1,450,22 779.80 (5) Such lien shall The lien under this section does not in any way prejudice or interfere with any lien or contract which that may be made by such the injured person or legal representatives with any attorney or attorneys for legal services rendered with respect to the claim of the injured person or legal representatives against the person alleged to be liable for such the injury. Said lien shall also be subservient to actual Actual taxable court costs, and actual disbursements made by the attorney in prosecuting the court action have priority over the lien under this section.

AB100-ASA1-AA1, s. 5165x Section 5165x. 779.80 (6) of the statutes is amended to read:

AB100-ASA1-AA1,451,3 779.80 (6) No hospital is A health care provider is not entitled to any lien under this section if the person injured is eligible for compensation under ch. 102 or any other worker's compensation act.".

AB100-ASA1-AA1,451,4 1221. Page 1882, line 9: after that line insert:

AB100-ASA1-AA1,451,5 " Section 5175g. 806.10 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,451,10 806.10 (1) (intro.) At the time of entry of a judgment directing in whole or in part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b), the clerk of circuit court shall enter the judgment in the judgment and lien docket, arranged alphabetically, including all of the following:

AB100-ASA1-AA1, s. 5175m Section 5175m. 806.10 (3) of the statutes is amended to read:

AB100-ASA1-AA1,451,15 806.10 (3) Every clerk of circuit court who enters a judgment or decree and enters upon the judgment and lien docket a date or time other than that of its actual entry or neglects to enter the same at the proper time shall be liable in treble damages to the party injured.".

AB100-ASA1-AA1,451,16 1222. Page 1884, line 21: after that line insert:

AB100-ASA1-AA1,451,17 " Section 5194m. 814.65 (1) of the statutes is amended to read:

AB100-ASA1-AA1,452,2 814.65 (1) Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 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 $15 fee received by the judge under this subsection, the municipal treasurer shall pay monthly one-third $5 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.".

AB100-ASA1-AA1,452,3 1223. Page 1886, line 5: after that line insert:

AB100-ASA1-AA1,452,5 " Section 5200f. 846.04 of the statutes is renumbered 846.04 (1) and amended to read:

AB100-ASA1-AA1,452,13 846.04 (1) The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage. Judgment may be rendered for any deficiency remaining after applying the proceeds of sale to the amount due. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the confirmation of sale. The judgment for deficiency shall be entered in the judgment and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases.

AB100-ASA1-AA1, s. 5200g Section 5200g. 846.04 (2) of the statutes is created to read:

AB100-ASA1-AA1,452,19 846.04 (2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.

AB100-ASA1-AA1, s. 5200h Section 5200h. 846.04 (3) of the statutes is created to read:

AB100-ASA1-AA1,453,5 846.04 (3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1989, on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 2 years after the effective date of this subsection .... [revisor inserts date], or be barred. Not later than 60 days prior to 2 years after the effective date of this subsection.... [revisor inserts date], the clerk of each circuit court in which a mortgage foreclosure deficiency judgment on property devoted primarily to agricultural use, as defined in s. 91.01 (5), was entered before January 1, 1989, and remains unsatisfied, shall do all of the following:

AB100-ASA1-AA1,453,11 (a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper of the county where the mortgage foreclosure deficiency judgment was entered, stating that the party holding the mortgage foreclosure deficiency judgment is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.

AB100-ASA1-AA1,453,16 (b) Notify by certified mail the primary plaintiff in the action for the mortgage foreclosure deficiency judgment that the plaintiff is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.".

AB100-ASA1-AA1,453,17 1224. Page 1890, line 17: after that line insert:

AB100-ASA1-AA1,453,18 " Section 5217g. 893.40 of the statutes is amended to read:

AB100-ASA1-AA1,453,22 893.40 Action on judgment or decree; court of record. An Except as provided in s. 846.04 (2) and (3), action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.".

AB100-ASA1-AA1,453,23 1225. Page 1893, line 3: after that line insert:

AB100-ASA1-AA1,453,24 " Section 5225m. 895.483 (1) of the statutes is amended to read:

AB100-ASA1-AA1,454,6 895.483 (1) A regional emergency response team, a member of such a team, and a local agency, as defined in s. 166.22 (1) (c), that contracts with the state emergency response board division of emergency management in the department of military affairs for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.215 (1).".

AB100-ASA1-AA1,454,7 1226. Page 1893, line 10: after that line insert:

AB100-ASA1-AA1,454,8 " Section 5227j. 905.20 of the statutes is created to read:

AB100-ASA1-AA1,454,9 905.20 Environmental audit privilege. (1) Definitions. In this section:

AB100-ASA1-AA1,454,12 (a) "Environmental audit" means an evaluation of a site or facility or of an activity or management system related to a site or facility, if the evaluation meets all of the following criteria:

AB100-ASA1-AA1,454,13 1. Is conducted by or at the request of the owner or operator of the site or facility.

AB100-ASA1-AA1,454,15 2. Is not required under a specific permit, license or approval condition or under an order issued by the department.

AB100-ASA1-AA1,454,19 3. Is undertaken for the purpose of identifying, documenting and improving compliance with environmental requirements, to identify an environmental hazard, contamination or other adverse environmental condition, or to improve an environmental management system or process.

AB100-ASA1-AA1,454,23 (b) "Environmental requirement" means a federal, state or local environmental law, including any rule, regulation, ordinance, permit, license, approval or special order issued under those laws. State environmental laws include chs. 160 and 280 to 299 and s. 166.20.

AB100-ASA1-AA1,455,8 (2) General rule of privilege. An owner or operator of a site or facility has a privilege to refuse to disclose and to prevent any other person from disclosing any document or record, stored in any format, that is collected or developed for the primary purpose and in the course of, or as a result of, an environmental audit of the owner's or operator's site or facility. This privilege may be claimed in any civil or criminal action or administrative proceeding, including a contested case, as defined in s. 227.01 (3). Disclosure of any part of an environmental audit to any of the following does not waive the privilege under this section:

AB100-ASA1-AA1,455,10 (a) An employe, agent, successor, assignee, director or shareholder of the owner or operator of the site or facility.

AB100-ASA1-AA1,455,11 (b) An attorney of the owner or operator of the site or facility.

AB100-ASA1-AA1,455,13 (c) An independent contractor retained by the owner or operator of the site or facility to review an issue raised as a result of the environmental audit.

AB100-ASA1-AA1,455,16 (d) A partner or lender of the owner or operator of the site or facility or a person whom the owner or operator is currently negotiating with regarding partnership, transfer of ownership or lending of money.

AB100-ASA1-AA1,455,18 (e) A state or federal official or employe under the terms of an agreement between a state or federal agency and the owner or operator of the site or facility.

AB100-ASA1-AA1,455,20 (f) The department of natural resources if the disclosure meets the conditions under s. 299.94 (2) (a).

AB100-ASA1-AA1,456,2 (3) Who may claim the privilege. (a) The privilege may be claimed by the owner or operator of the site or facility. If the owner or operator of the site or facility is a governmental unit, as defined in s. 939.648 (1), or a business entity, the privilege may be claimed by a director, officer, official, shareholder, trustee or managing employe, as defined in s. 49.498 (1) (e), or by any other employe who consented in writing to the preparation of the environmental audit. The authority to claim the privilege under this paragraph is presumed without evidence to the contrary.

AB100-ASA1-AA1,456,5 (b) A person who may otherwise claim a privilege under par. (a) retains the right to claim that privilege in any civil or administrative proceeding, notwithstanding the use of an environmental audit in any criminal proceeding.

AB100-ASA1-AA1,456,11 (4) Exceptions. (a) The privilege does not apply if a court of record, after an in camera review of the environmental audit, including a statement listing any activities undertaken as a result of the audit to achieve compliance with environmental requirements, determines that the person seeking access to the document or record related to an environmental audit proves by a preponderance of the evidence any of the following:

AB100-ASA1-AA1,456,12 1. That the privilege is asserted for a fraudulent purpose.

AB100-ASA1-AA1,456,15 2. That the owner or operator of the site or facility failed to take the appropriate responses necessary to achieve compliance within a reasonable time after any noncompliance was discovered as the result of an environmental audit.

AB100-ASA1-AA1,456,19 3. That the environmental audit provides information about a site or facility that constitutes a violation of an environmental requirement and that the violation was committed with knowledge by an owner or operator of the site or facility that the site or facility violated an environmental requirement.

AB100-ASA1-AA1,456,20 (b) The privilege does not apply to any of the following:

AB100-ASA1-AA1,456,24 1. Documents, communication, data, reports or other information required to be made available or reported to a regulatory agency or any other person by statute, rule, ordinance, permit, license, approval, order or consent agreement, or as otherwise provided by law.

AB100-ASA1-AA1,457,3 2. Information obtained by the observation, sampling or monitoring conducted by a state or federal agency that regulates compliance with federal environmental requirements.

AB100-ASA1-AA1,457,5 3. Information legally obtained from a source independent of an environmental audit.".

AB100-ASA1-AA1,457,6 1227. Page 1898, line 2: after that line insert:

AB100-ASA1-AA1,457,7 " Section 5246d. 938.22 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA1,457,14 938.22 (1) (a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both or the county boards of supervisors for 2 or more counties may jointly establish a secure detention facility or a shelter care facility or both in accordance with ss. 46.16, 46.20 and 301.36. A private entity may establish a secure detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 for holding juveniles in the private secure detention facility.

AB100-ASA1-AA1, s. 5247d Section 5247d. 938.22 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,457,22 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the a public secure detention facility or shelter care facility shall be determined by the county board of supervisors or, in the case of a public secure detention facility or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

AB100-ASA1-AA1, s. 5247g Section 5247g. 938.22 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA1,458,5 938.22 (1) (c) In counties having a population of 500,000 or more, the nonjudicial operational policies of the a public secure detention facility and the detention section of the juvenile delinquency children's court center shall be established by the county board of supervisors, and the execution thereof shall be the responsibility of the director of the children's court center.

AB100-ASA1-AA1, s. 5247i Section 5247i. 938.22 (1) (d) of the statutes is created to read:

AB100-ASA1-AA1,458,10 938.22 (1) (d) The nonjudicial operational policies of a private secure detention facility shall be established by the private entity operating the secure detention facility. Those policies shall be executed by the superintendent appointed under sub. (3) (bm).

AB100-ASA1-AA1, s. 5248d Section 5248d. 938.22 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA1,458,23 938.22 (2) (a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the shelter care facility to the department of health and family services. A private entity that proposes to establish a secure detention facility shall submit plans for the secure detention facility to the department of corrections. The applicable department shall review the submitted plans. The counties A county or a private entity may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.