AB100-ASA1, s. 5195m
24Section 5195m. 814.705 (1), (2), (3) and (4) of the statutes are renumbered
25814.705 (1) (a), (b), (c) and (d).
AB100-ASA1,1886,42
814.705
(2) With respect to sheriff's fees for the sale of real estate under s.
3814.70 (9), the county board may establish a higher fee in an amount not to exceed
4$150.
AB100-ASA1,1886,116
823.08
(3) (c) 1. Subject to subd. 2., if a court requests the department of
7agriculture, trade and consumer protection or the department of natural resources
8for suggestions under par. (b) 2. a., the department of agriculture, trade and
9consumer protection or the department of natural resources shall advise the court
10concerning the relevant provisions of the performance standards, prohibitions,
11conservation practices and technical standards under s. 281.16 (3).
AB100-ASA1,1886,1612
2. If the agricultural use or agricultural practice alleged to be a nuisance was
13begun before the effective date of this subdivision .... [revisor inserts date], a
14department may advise the court under subd. 1. only if the department determines
15that cost-sharing is available to the defendant under s. 92.14, 281.16 (5) or 281.65
16or from any other source.
AB100-ASA1,1887,518
823.115
(1) If personal and real property are ordered sold under s. 823.114, and
19the real property is not released to the owner under s. 823.15, the plaintiff in the
20action under s. 823.113 shall sell the property at the highest available price. The city,
21town or village may sell the property at either a public or private sale. The proceeds
22of the sale shall be applied to the payment of the costs of the action and abatement
23and any liens on the property, and the balance, if any, paid as provided in sub. (2).
24The plaintiff may file a notice of the pendency of the action as in actions affecting the
25title to real estate and if the owner of the building or structure, or the owner of the
1land upon which the building or structure is located, is found guilty of the nuisance,
2the judgment for costs of the action not paid out of the proceeds of the sale of the
3property shall constitute a lien on the real estate prior to any other lien created after
4the filing of the lis pendens, except a lien under s. 292.31 (8) (i)
, 292.41 (6) (d) or
5292.81.
AB100-ASA1, s. 3621
6Section
3621. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03
7(1g) (intro.), as renumbered, is amended to read:
AB100-ASA1,1887,178
867.03
(1g) Generally. (intro.) When a decedent leaves solely owned property
9in this state which does not exceed $10,000 in value, any heir of the decedent
or
10person who was guardian of the decedent at the time of the decedent's death may
11collect any money due the decedent, receive the property of the decedent if it is not
12an interest in or lien on real property and have any evidence of interest, obligation
13to or right of the decedent transferred to the affiant upon furnishing the person owing
14the money, having custody of the property or acting as registrar or transfer agent of
15the evidences of interest, obligation to or right, with proof of prior mailed notice
16under sub. (1m) if applicable and with an affidavit in duplicate showing all of the
17following:
AB100-ASA1,1887,2019
867.03
(1c) Definition. In this section, "guardian" has the meaning given in
20s. 880.01 (3).
AB100-ASA1,1888,622
867.03
(1m) (a) Whenever an heir
or person who was guardian of the decedent
23at the time of the decedent's death intends to transfer a decedent's property by
24affidavit under sub.
(1) (1g) and the decedent or the decedent's spouse ever received
25medical assistance under subch. IV of ch. 49, long-term community support services
1funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir
or person
2who was guardian of the decedent at the time of the decedent's death shall give notice
3to the department of health and family services of his or her intent. The notice shall
4include the information in the affidavit under sub.
(1) (1g) and the heir
or person who
5was guardian of the decedent at the time of the decedent's death shall give the notice
6by certified mail, return receipt requested.
AB100-ASA1,1888,158
867.03
(1m) (b) An heir
or person who was guardian of the decedent at the time
9of the decedent's death who files an affidavit under sub.
(1) (1g) that states that the
10decedent or the decedent's spouse received medical assistance under subch. IV of ch.
1149, long-term community support services funded under s. 46.27 (7) or aid under s.
1249.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the
13notice required under par. (a) showing a delivery date that is not less than 10 days
14before the day on which the heir
or person who was guardian of the decedent at the
15time of the decedent's death files the affidavit.
AB100-ASA1,1888,2117
867.03
(2) Release of liability of transferor. Upon the transfer to the heir
18or person who was guardian of the decedent at the time of the decedent's death 19furnishing the affidavit with an attached proof of mail delivery if required under sub.
20(1m) (b), the transferor is released to the same extent as if the transfer had been made
21to the personal representative of the estate of the decedent.
AB100-ASA1, s. 3626
22Section
3626. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a)
23(intro.) and amended to read:
AB100-ASA1,1889,924
867.035
(1) (a) (intro.)
The Except as provided in par. (bm), the department of
25health and family services may collect from the property
; except interests in or liens
1on real property; wearing apparel; jewelry; household furniture, furnishings and
2appliances; motor vehicles and recreational vehicles; of a decedent
, including funds
3of a decedent that are held by the decedent immediately before death in a joint
4account or a P.O.D. account, by affidavit under this section an amount equal to the
5medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
6community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
71. or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2)
8(a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the
9following conditions are satisfied:
AB100-ASA1, s. 3627
10Section
3627. 867.035 (1) (a), (am) and (b) of the statutes are renumbered
11867.035 (1) (a) 1., 2. and 3.
AB100-ASA1,1889,1413
867.035
(1) (bm) The department of health and family services may not collect
14by affidavit under this section from any of the following property of the decedent:
AB100-ASA1,1889,1515
1. Interests in or liens on real property.
AB100-ASA1,1889,1616
2. Wearing apparel and jewelry.
AB100-ASA1,1889,1717
3. Household furniture, furnishings and appliances.
AB100-ASA1,1889,1818
4. Motor vehicles and recreational vehicles.
AB100-ASA1, s. 3629
19Section
3629. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4.
20and amended to read:
AB100-ASA1,1889,2321
867.035
(1) (a) 4. The value of the solely owned property in this state left by the
22decedent, after payment of burial costs, does not exceed the amount under s. 867.03
23(1) (1g) (intro.).
AB100-ASA1,1890,6
1867.035
(2) A person who possesses property of a decedent shall transmit the
2property to the department of health and family services upon receipt of an affidavit
3by a person designated by the secretary of health and family services to administer
4this section showing that the conditions in sub. (1)
(a) are satisfied. Upon
5transmittal, the person is released from any obligation to other creditors or heirs of
6the decedent.
AB100-ASA1,1890,158
867.035
(4) From the appropriation under s. 20.435
(1) (5) (im), with respect
9to funds collected by the department under sub. (1) related to medical assistance paid
10on behalf of the decedent or the decedent's spouse, the department of health and
11family services shall pay claims under sub. (3), shall pay to the federal government
12from the amount recovered under this section and not paid out as claims under sub.
13(3) an amount equal to the amount of federal funds used to pay the benefits recovered
14under this section and shall spend the remainder of the amount recovered under this
15section for medical assistance benefits under subch. IV of ch. 49.
AB100-ASA1,1890,18
17885.237 (title)
Presumption
Presumptions as to operation and
18registration of motor vehicle.
AB100-ASA1,1891,221
885.237
(2) Notwithstanding s. 341.04, the fact that an automobile, station
22wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or
23less is located on a highway, as defined in s. 340.01 (22), and is not displaying valid
24registration plates, a temporary operation plate or other evidence of registration as
1provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the
2vehicle is an unregistered or improperly registered vehicle.
AB100-ASA1,1891,174
887.23
(1) Who may require. The department of health and social services, the
5department of corrections, the
department of education
state superintendent of
6public instruction or the board of regents of the university of Wisconsin system may
7order the deposition of any witness to be taken concerning any institution under his,
8her or its government or superintendence, or concerning the conduct of any officer
9or agent thereof, or concerning any matter relating to the interests thereof. Upon
10presentation of a certified copy of such order to any municipal judge, notary public
11or court commissioner, the officer shall take the desired deposition in the manner
12provided for taking depositions to be used in actions. When any officer or agent of
13any institution is concerned and will be affected by the testimony, 2 days' written
14notice of the time and place of taking the deposition shall be given him or her. Any
15party interested may appear in person or by counsel and examine the witness
16touching the matters mentioned in the order. The deposition, duly certified, shall be
17delivered to the authority which ordered it.
AB100-ASA1,1891,2019
893.80
(8) This section does not apply to actions commenced under s. 19.37
or, 2019.97
or 281.99.
AB100-ASA1,1892,1022
895.035
(2m) (b) If a child fails to pay a forfeiture
or surcharge as ordered by
23a court assigned to exercise jurisdiction under chs. 48 and 938 or a
forfeiture as
24ordered by a municipal court or if it appears likely that the child will not pay the
25forfeiture
or surcharge as ordered, the representative of the public interest under s.
1938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law
2enforcement agency that issued the citation to the child may petition the court
3assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of
4the forfeiture
or surcharge unpaid by the child be entered and docketed as a
5judgment against the child and the parent with custody of the child and in favor of
6the county or appropriate municipality. A petition under this paragraph may be filed
7after the expiration of the dispositional order or sentence under which the forfeiture
8or surcharge is payable, but no later than one year after the expiration of the
9dispositional order or sentence or any extension of the dispositional order or
10sentence.
AB100-ASA1,1892,2512
895.035
(2m) (bm) 1. Before issuing an order under par. (a) or (b), the court
13assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the
14parent notice of the intent to issue the order and an opportunity to be heard
15regarding the order. The court shall give the child and the parent an opportunity to
16present evidence as to the amount of the restitution
or
, forfeiture
or surcharge 17unpaid, but not as to the amount of the restitution
or
, forfeiture
or surcharge 18originally ordered. The court shall also give the child and the parent an opportunity
19to present evidence as to the reason for the failure to pay the restitution
or, forfeiture
20or surcharge and the ability of the child or the parent to pay the restitution
or, 21forfeiture
or surcharge. In considering the ability of the child or the parent to pay
22the restitution
or, forfeiture
or surcharge, the court may consider the assets, as well
23as the income, of the child or the parent and may consider the future ability of the
24child or parent to pay the restitution
or, forfeiture
or surcharge within the time
25specified in s. 893.40.
AB100-ASA1,1893,182
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
3938 may order that the child perform community service work for a public agency or
4nonprofit charitable organization that is designated by the court in lieu of making
5restitution or paying the forfeiture
or surcharge. If the parent agrees to perform
6community service work in lieu of making restitution or paying the forfeiture
or
7surcharge, the court may order that the parent perform community service work for
8a public agency or a nonprofit charitable organization that is designated by the court.
9Community service work may be in lieu of restitution only if also agreed to by the
10public agency or nonprofit charitable organization and by the person to whom
11restitution is owed. The court may utilize any available resources, including any
12community service work program, in ordering the child or parent to perform
13community service work. The number of hours of community service work required
14may not exceed the number determined by dividing the amount owed on the
15restitution
or, forfeiture
or surcharge by the minimum wage established under ch.
16104 for adults in nonagriculture, nontipped employment. The court shall ensure that
17the child or parent is provided with a written statement of the terms of the
18community service order and that the community service order is monitored.
AB100-ASA1,1893,2320
895.055
(3) This section does not apply to any promise, agreement, note, bill,
21bond, mortgage, conveyance or other security that is permitted under chs.
561 562 22to 569 or under state or federal laws relating to the conduct of gaming on Indian
23lands.
AB100-ASA1,1894,3
1895.056
(4) This section does not apply to any property that is permitted to be
2played, bet or wagered under chs.
561 562 to 569 or under state or federal laws
3relating to the conduct of gaming on Indian lands.
AB100-ASA1,1894,105
895.57
(3) Subsection (2) does not apply to any humane officer, local health
6officer, peace officer, employe of the department of natural resources while on any
7land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
8wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
9and consumer protection if the officer's or employe's acts are in good faith and in an
10apparently authorized and reasonable fulfillment of his or her duties.
AB100-ASA1,1894,1612
938.02
(2m) "Court", when used without further qualification, means the court
13assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
14reference to a juvenile who is subject to s. 938.183
(2), a court of criminal jurisdiction
15or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal
16court.
AB100-ASA1,1894,2218
938.02
(10) "Judge", if used without further qualification, means the judge of
19the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used
20with reference to a juvenile who is subject to s. 938.183
(2), the judge of the court of
21criminal jurisdiction or, when used with reference to a juvenile who is subject to s.
22938.17 (2), the judge of the municipal court.
AB100-ASA1,1895,1324
938.06
(1) (a) 1. In counties with a population of 500,000 or more, the county
25board of supervisors shall provide the court with the services necessary for
1investigating and supervising cases
under this chapter by operating a children's
2court center under the supervision of a director who is appointed as provided in s.
346.21 (1m) (a). The director is the chief administrative officer of the center and of the
4intake and probation sections and secure detention facilities of the center except as
5otherwise provided in this subsection. The director is charged with administration
6of the personnel and services of the sections and of the secure detention facilities, and
7is responsible for supervising both the operation of the physical plant and the
8maintenance and improvement of the buildings and grounds of the center. The
9center shall include investigative services for all juveniles alleged to be in need of
10protection or services to be provided by the county department
, and. The center shall
11also include the services of an assistant district attorney or assistant corporation
12counsel or both, who shall be assigned to the center to provide investigative as well
13as legal work in the cases
under this chapter and ch. 48.
AB100-ASA1,1895,2115
938.06
(1) (a) 2. The chief judge of the judicial administrative district shall
16formulate written judicial policy governing intake and court services for juvenile
17matters
under this chapter and the director shall be charged with executing the
18judicial policy. The chief judge shall direct and supervise the work of all personnel
19of the court, except the work of the district attorney or corporation counsel assigned
20to the court. The chief judge may delegate his or her supervisory functions under s.
21938.065 (1).
AB100-ASA1,1896,423
938.06
(1) (am) 1. All intake workers
beginning providing services under this
24chapter who begin employment after May 15, 1980, shall have the qualifications
25required to perform entry level social work in a county department and shall have
1successfully completed 30 hours of intake training approved or provided by the
2department prior to the completion of the first 6 months of employment in the
3position. The department shall monitor compliance with this subdivision according
4to rules promulgated by the department.
AB100-ASA1,1896,86
938.06
(1) (am) 2. The department shall make training programs available
7annually that permit intake workers
providing services under this chapter to satisfy
8the requirements specified under subd. 1.
AB100-ASA1,1896,2010
938.06
(2) (a) In counties having less than 500,000 population, the county
11board of supervisors shall authorize the county department or court or both to
12provide intake services required by s. 938.067 and the staff needed to carry out the
13objectives and provisions of this chapter under s. 938.069. Intake services
under this
14chapter shall be provided by employes of the court or county department and may
15not be subcontracted to other individuals or agencies, except as provided in par. (am).
16Intake workers shall be governed in their intake work, including their
17responsibilities for recommending the filing of a petition and entering into a deferred
18prosecution agreement, by general written policies which shall be formulated by the
19circuit judges for the county, subject to the approval of the chief judge of the judicial
20administrative district.
AB100-ASA1,1896,2522
938.06
(2) (am) 1. Notwithstanding par. (a), any county which had intake
23services
under this chapter subcontracted from the county sheriff's department on
24April 1, 1980, may continue to subcontract
those intake services from the county
25sheriff's department.
AB100-ASA1,1897,112
938.06
(2) (am) 2. Notwithstanding par. (a), any county in which the county
3sheriff's department operates a secure detention facility may subcontract intake
4services
under this chapter from the county sheriff's department as provided in this
5subdivision. If a county subcontracts intake services
under this chapter from the
6county sheriff's department, employes of the county sheriff's department who staff
7the secure detention facility may make secure custody determinations under s.
8938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s.
9938.208 made by an employe of the county sheriff's department shall be reviewed by
10an intake worker employed by the court or county department within 24 hours after
11that determination is made.
AB100-ASA1,1897,2313
938.06
(2) (b) 1. All intake workers
beginning providing services under this
14chapter who begin employment after May 15, 1980, excluding county sheriff's
15department employes who provide intake services under par. (am) 2., shall have the
16qualifications required to perform entry level social work in a county department.
17All intake workers
beginning providing services under this chapter who begin 18employment after May 15, 1980, including county sheriff's department employes
19who provide intake services under par. (am) 2., shall have successfully completed 30
20hours of intake training approved or provided by the department prior to the
21completion of the first 6 months of employment in the position. The department shall
22monitor compliance with this subdivision according to rules promulgated by the
23department.
AB100-ASA1,1898,3
1938.06
(2) (b) 2. The department shall make training programs available
2annually that permit intake workers
providing services under this chapter to satisfy
3the requirements specified under subd. 1.
AB100-ASA1,1898,85
938.183
(1m) (c) If the juvenile is convicted of a lesser offense and if any of the
6conditions specified in
s. 938.183 (2) (a) 1. or 2.
sub. (2) (a) or (b) applies, the court
7of criminal jurisdiction may impose a criminal penalty or a disposition specified in
8s. 938.34.
AB100-ASA1, s. 3652
10Section
3652. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and
11amended to read:
AB100-ASA1,1898,1812
938.183
(3) When a juvenile who is subject to a criminal penalty under
par. (a) 13sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile
14in a state prison named in s. 302.01.
If a juvenile who is subject to a criminal penalty
15under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
16juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
17provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
18par. (a) sub. (1m) or (2) is eligible for parole under s. 304.06.
AB100-ASA1, s. 3653
19Section
3653. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and
20amended to read:
AB100-ASA1,1899,221
938.183
(4) If the juvenile is placed outside the juvenile's home under this
22subsection section, the order shall contain, a designation of the amount of support,
23if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the
24support obligation begins on the date of the placement, or a referral to the county
1designee child support agency under s.
59.07 (97) 59.53 (5) for establishment of child
2support.
AB100-ASA1,1899,114
938.22
(7) (a) No person may establish a shelter care facility without first
5obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate
6a shelter care facility, a person must meet the minimum requirements for a license
7established by the department of health and family services under s. 48.67 and pay
8the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter
9care facility is valid
for 2 years after the date of issuance, unless sooner revoked or
10suspended until revoked or suspended, but shall be reviewed every 2 years as
11provided in s. 48.66 (5).
AB100-ASA1,1899,2013
938.22
(7) (b) Before the department of health and family services may issue
14a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
15must pay to that department a biennial fee of
$50
$55, plus a biennial fee of
$15 16$16.50 per juvenile, based on the number of juveniles that the shelter care facility
17is licensed to serve. A shelter care facility that wishes to
renew continue a license
18issued under s. 48.66 (1) shall pay the fee under this paragraph by the
renewal 19continuation date of the license. A new shelter care facility shall pay the fee under
20this paragraph by no later than 30 days before the opening of the shelter care facility.
AB100-ASA1, s. 3656
21Section
3656. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act
22.... (this act), is repealed and recreated to read:
AB100-ASA1,1900,523
938.22
(7) (b) Before the department of health and family services may issue
24a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility
25must pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15
1per juvenile, based on the number of juveniles that the shelter care facility is licensed
2to serve. A shelter care facility that wishes to continue a license issued under s. 48.66
3(1) shall pay the fee under this paragraph by the continuation date of the license.
4A new shelter care facility shall pay the fee under this paragraph by no later than
530 days before the opening of the shelter care facility.