Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,486,17 1391. Page 1848, line 4: delete "49.153 (3)," and substitute "49.153 (3),".

AB100-ASA1-AA8,486,18 1392. Page 1849, line 21: after that line insert:

AB100-ASA1-AA8,486,19 " Section 5036m. 767.47 (6) (a) of the statutes is amended to read:

AB100-ASA1-AA8,487,5 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

AB100-ASA1-AA8, s. 5036n Section 5036n. 767.47 (6) (b) of the statutes is amended to read:

AB100-ASA1-AA8,487,11 767.47 (6) (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2., 49.153 (3) (a), 49.19 (4) (h) 1. or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157 or 49.159, where evidence other than the testimony of the mother may establish the paternity of the child.".

AB100-ASA1-AA8,487,12 1393. Page 1878, line 5: after that line insert:

AB100-ASA1-AA8,487,13 " Section 5165b. 799.24 (1) of the statutes is amended to read:

AB100-ASA1-AA8,487,21 799.24 (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-AA8,487,22 1394. Page 1878, line 5: after that line insert:

AB100-ASA1-AA8,487,24 " Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the statutes is amended to read:

AB100-ASA1-AA8,488,1 CHAPTER 779

AB100-ASA1-AA8,488,4 SUBCHAPTER IX HOSPITAL Health care provider LIENS

AB100-ASA1-AA8, s. 5165e Section 5165e. 779.80 (title) of the statutes is amended to read:

AB100-ASA1-AA8,488,6 779.80 (title) Hospital Health care provider liens.

AB100-ASA1-AA8, s. 5165g Section 5165g. 779.80 (1) of the statutes is renumbered 779.80 (1m) and amended to read:

AB100-ASA1-AA8,488,13 779.80 (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-AA8, s. 5165i Section 5165i. 779.80 (1b) of the statutes is created to read:

AB100-ASA1-AA8,488,15 779.80 (1b) In this section, "health care provider" means all of the following:

AB100-ASA1-AA8,488,17 (a) A corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state.

AB100-ASA1-AA8,488,18 (b) A chiropractor licensed under ch. 446.

AB100-ASA1-AA8, s. 5165k Section 5165k. 779.80 (2) of the statutes is amended to read:

AB100-ASA1-AA8,488,25 779.80 (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-AA8, s. 5165m Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae) and amended to read:

AB100-ASA1-AA8,489,16 779.80 (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-AA8, s. 5165o Section 5165o. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and amended to read:

AB100-ASA1-AA8,489,23 779.80 (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-AA8, s. 5165q Section 5165q. 779.80 (3) (b) and (c) of the statutes are amended to read:

AB100-ASA1-AA8,490,8 779.80 (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-AA8,490,12 (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-AA8, s. 5165s Section 5165s. 779.80 (4) of the statutes is amended to read:

AB100-ASA1-AA8,490,19 779.80 (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-AA8, s. 5165u Section 5165u. 779.80 (5) of the statutes is amended to read:

AB100-ASA1-AA8,491,3 779.80 (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-AA8, s. 5165x Section 5165x. 779.80 (6) of the statutes is amended to read:

AB100-ASA1-AA8,491,7 779.80 (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-AA8,491,8 1395. Page 1882, line 9: after that line insert:

AB100-ASA1-AA8,491,9 " Section 5175g. 806.10 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,491,14 806.10 (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-AA8, s. 5175m Section 5175m. 806.10 (3) of the statutes is amended to read:

AB100-ASA1-AA8,491,19 806.10 (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-AA8,491,20 1396. Page 1883, line 16: after that line insert:

AB100-ASA1-AA8,491,21 " Section 5189p. 814.61 (13) of the statutes is amended to read:

AB100-ASA1-AA8,492,3 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148, 49.153 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or 49.47 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.".

AB100-ASA1-AA8,492,4 1397. Page 1884, line 21: after that line insert:

AB100-ASA1-AA8,492,5 " Section 5194m. 814.65 (1) of the statutes is amended to read:

AB100-ASA1-AA8,492,13 814.65 (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-AA8,492,14 1398. Page 1886, line 5: after that line insert:

AB100-ASA1-AA8,492,16 " Section 5200f. 846.04 of the statutes is renumbered 846.04 (1) and amended to read:

AB100-ASA1-AA8,493,3 846.04 (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. A mortgage foreclosure deficiency judgment entered on property devoted primarily to agricultural use, as defined in s. 91.01 (5), on and after the effective date of this subsection .... [revisor inserts date], shall be recorded as an agriculture judgment.

AB100-ASA1-AA8, s. 5200g Section 5200g. 846.04 (2) of the statutes is created to read:

AB100-ASA1-AA8,493,9 846.04 (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-AA8, s. 5200h Section 5200h. 846.04 (3) of the statutes is created to read:

AB100-ASA1-AA8,493,25 846.04 (3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1990, 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. If the deficiency judgment remains unsatisfied in a mortgage foreclosure deficiency judgment action entered before the effective date of this subsection .... [revisor inserts date], the defendant in that action shall notify the clerk of circuit court of the existence of that deficiency judgment and of the date that an action on that deficiency judgment shall be commenced or be barred. Not later than 60 days prior to 2 years after the effective date of this subsection .... [revisor inserts date], if notified of an unsatisfied deficiency judgment by the defendant in that action, 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, 1990, and remains unsatisfied, shall, upon payment by the defendant in that action of the costs of the publication and certified mail, do all of the following:

AB100-ASA1-AA8,494,6 (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-AA8,494,11 (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-AA8,494,13 1399. Page 1889, line 22: delete "any other vehicle having a gross vehicle weight rating" and substitute "motor truck having a registered weight".

AB100-ASA1-AA8,494,14 1400. Page 1890, line 17: after that line insert:

AB100-ASA1-AA8,494,15 " Section 5217g. 893.40 of the statutes is amended to read:

AB100-ASA1-AA8,494,19 893.40 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-AA8,494,20 1401. Page 1893, line 3: after that line insert:

AB100-ASA1-AA8,494,21 " Section 5225m. 895.483 (1) of the statutes is amended to read:

AB100-ASA1-AA8,495,3 895.483 (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-AA8,495,4 1402. Page 1898, line 2: after that line insert:

AB100-ASA1-AA8,495,5 " Section 5246d. 938.22 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,495,12 938.22 (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-AA8, s. 5247d Section 5247d. 938.22 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA8,495,20 938.22 (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-AA8, s. 5247g Section 5247g. 938.22 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA8,496,2 938.22 (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-AA8, s. 5247i Section 5247i. 938.22 (1) (d) of the statutes is created to read:

AB100-ASA1-AA8,496,7 938.22 (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-AA8, s. 5248d Section 5248d. 938.22 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,496,20 938.22 (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.

AB100-ASA1-AA8, s. 5249d Section 5249d. 938.22 (3) (bm) of the statutes is created to read:

AB100-ASA1-AA8,496,24 938.22 (3) (bm) A private secure detention facility shall be in the charge of a superintendent appointed by the private entity operating the secure detention facility.

AB100-ASA1-AA8, s. 5249g Section 5249g. 938.22 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA8,497,3 938.22 (3) (c) All superintendents appointed under par. (a) or, (b) or (bm) after May 1, 1992, shall, within one year after that appointment, successfully complete an administrative training program approved or provided by the department of justice.

AB100-ASA1-AA8, s. 5249m Section 5249m. 938.22 (5) of the statutes is amended to read:

AB100-ASA1-AA8,497,8 938.22 (5) A county board of supervisors, or 2 or more county boards of supervisors jointly, may contract with privately operated secure detention facilities, shelter care facilities or home detention programs for purchase of services. A county board of supervisors may delegate this authority to its county department.".

AB100-ASA1-AA8,497,9 1403. Page 1899, line 12: after that line insert:

AB100-ASA1-AA8,497,10 " Section 5253m. 938.222 of the statutes is created to read:

AB100-ASA1-AA8,497,17 938.222 Contracts with private entities for secure detention facility services. (1) The county board of supervisors of any county may contract with a private entity that operates a secure detention facility for the use of the secure detention facility for the holding of juveniles who meet the criteria under s. 48.208, 938.17 (1), 938.183 (1m) (a) or 938.208 or who are subject to a disposition under s. 938.17 (1) (b) or 938.34 (3) (f), a sanction under s. 938.355 (6) (d) 1. or short-term detention under s. 938.355 (6d) or 938.534 (1).

AB100-ASA1-AA8,497,18 (2) (a) A contract under sub. (1) shall require all of the following:

AB100-ASA1-AA8,497,22 1. That the private secure detention facility meet or exceed the minimum requirements for the approval and operation of a secure detention facility established by the department by rules promulgated under s. 938.22 (2) (a) and that the private secure detention facility be approved by the department under s. 301.36.

AB100-ASA1-AA8,498,3 2. That the private secure detention facility provide educational programming, health care and other care that is equivalent to that which a juvenile would receive if held in a public secure detention facility.

AB100-ASA1-AA8,498,5 (b) In addition to the requirements under par. (a), a contract under sub. (1) shall include all of the following:

AB100-ASA1-AA8,498,9 1. The rates to be paid by the county for holding a juvenile in the private secure detention facility and the charges to be paid by the county for any extraordinary medical and dental expenses and any programming provided for a juvenile who is held in the private secure detention facility.

AB100-ASA1-AA8,498,11 2. An agreement that the county retains jurisdiction over a juvenile who is held in the private secure detention facility.