SB77-SSA1, s. 5163m
15Section 5163m. 779.14 (1m) (b) 1. a. to c. of the statutes are created to read:
SB77-SSA1,1877,1616
779.14
(1m) (b) 1. a. The contract is not in excess of $25,000.
SB77-SSA1,1877,1817
b. The contract meets the written standards for a waiver established by the
18department, board or body authorized to waive the requirement.
SB77-SSA1,1877,2119
c. The department, board or body authorized to waive the requirement
20guarantees payment to any subcontractor on the project covered by the contract or
21those who have claims for labor on the project covered by the contract.
SB77-SSA1,1877,2523
779.14
(1m) (b) 1m. The bonding requirement under subd. 1. does not apply to
24a contract for the direct purchase of materials by the state or by a local unit of
25government.
SB77-SSA1,1878,16
2779.35 Mining liens. Any person who shall perform any labor or services for
3any person or corporation engaged in or organized for the purpose of mining,
4smelting or manufacturing iron, copper, silver or other ores or minerals, and any
5bona fide holder of any draft, time check or order for the payment of money due for
6any such labor, issued or drawn by any such person or corporation, shall have a lien
7for the wages due for the amount due on such draft, check or order upon all the
8personal property connected with such mining, smelting or manufacturing industry
9belonging to such person or corporation, including the ores or products of such mine
10or manufactory, together with the machinery and other personal property used in the
11operation of such mine or manufactory and all the interest of such person or
12corporation in any real estate belonging thereto and connected with such business,
13which said lien shall take precedence of all other debts, judgments, decrees, liens or
14mortgages against such person or corporation, except liens accruing for taxes, fines
15or penalties and liens under ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81, subject to the
16exceptions and limitations hereinafter set forth.
SB77-SSA1,1879,518
779.40
(1) Any person who shall perform any labor for an employer not the
19owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
20preparing stone for use or for manufacturing lime and any bona fide holder of any
21draft, time check or order for the payment of money due for any such labor issued by
22such employer, shall have a lien for wages owed and for the amount due on such draft,
23check or order upon the personal property connected with such industry owned by
24such employer, including interest in the product of such quarry or factory and
25machinery and other personal property used in the operation of such quarry or
1factory, and all interest in any lease of the real estate connected with such business,
2which lien shall take precedence of all other debts, judgments, decrees, liens or
3mortgages against such employer, except taxes, fines or penalties and mortgages or
4judgments recorded or entered before such labor is performed and except liens under
5ss. 292.31 (8) (i)
, 144.77 292.41 (6) (d) and 292.81.
SB77-SSA1,1879,137
800.02
(2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
8in court at the time fixed in the citation, the defendant is deemed to have tendered
9a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
10and crime laboratories and drug law enforcement assessment and any applicable
11domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1),
12not to exceed the amount of the deposit. The notice shall also state that the court may
13decide to summon the defendant rather than accept the deposit and plea.
SB77-SSA1,1879,2115
800.02
(3) (a) 5. A plain and concise statement of the violation identifying the
16event or occurrence from which the violation arose and showing that the plaintiff is
17entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
18is based and a demand for a forfeiture, the amount of which shall not exceed the
19maximum set by the statute involved, the penalty assessment, the jail assessment,
20the crime laboratories and drug law enforcement assessment, any applicable
21domestic abuse assessment and such other relief that is sought by the plaintiff.
SB77-SSA1,1880,523
800.03
(3) The amount of the deposit shall be set by the municipal judge, but
24shall not be effective until approved by the governing body of the municipality. The
25amount shall not exceed the maximum penalty for the offense, including any penalty
1assessment that would be applicable under s. 165.87, any jail assessment that would
2be applicable under s. 302.46 (1)
, any crime laboratories and drug law enforcement
3assessment that would be applicable under s. 165.755 and any domestic abuse
4assessment that would be applicable under s. 973.055 (1), plus court costs, including
5the fee prescribed in s. 814.65 (1).
SB77-SSA1,1880,247
800.04
(2) (b) If the municipal judge determines that the defendant should not
8be released under par. (a) and the defendant is charged with a traffic or boating
9violation, the municipal judge shall release the defendant on a deposit in the amount
10established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
11For other violations, the municipal judge shall establish a deposit in an amount not
12to exceed the maximum penalty for the offense, including any penalty assessment
13that would be applicable under s. 165.87, any jail assessment that would be
14applicable under s. 302.46 (1)
, any crime laboratories and drug law enforcement
15assessment that would be applicable under s. 165.755 and any domestic abuse
16assessment that would be applicable under s. 973.055 (1). If the judge in a 1st class
17city determines that a defendant appearing before the judge through interactive
18video and audio transmission should not be released under par. (a), the judge shall
19inform the defendant that he or she has the right to appear personally before a judge
20for a determination, not prejudiced by the first appearance, as to whether he or she
21should be released without a deposit. On failure of the defendant to make a deposit
22under this paragraph, he or she may be committed to jail pending trial only if the
23judge finds that there is a reasonable basis to believe the person will not appear in
24court.
SB77-SSA1,1881,13
1800.04
(2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
2and does not appear, he or she is deemed to have tendered a plea of no contest and
3submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment
4imposed by s. 302.46 (1)
, a crime laboratories and drug law enforcement assessment
5imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s.
6973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the
7amount of the deposit. The court may either accept the plea of no contest and enter
8judgment accordingly, or reject the plea and issue a summons. If the court finds that
9the violation meets the conditions in s. 800.093 (1), the court may summon the
10alleged violator into court to determine if restitution shall be ordered under s.
11800.093. If the defendant fails to appear in response to the summons, the court shall
12issue a warrant under s. 968.09. If the defendant has made a deposit but does appear,
13the court shall allow the defendant to withdraw the plea of no contest.
SB77-SSA1, s. 5171
14Section
5171. 800.09 (1) (intro.) of the statutes is amended to read:
SB77-SSA1,1881,2415
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty it
16may render judgment by ordering restitution under s. 800.093 and payment of a
17forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
18by s. 302.46 (1)
, the crime laboratories and drug law enforcement assessment
19imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s.
20973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The
21court shall apply any payment received on a judgment that includes restitution to
22first satisfy any payment of restitution ordered, then to pay the forfeiture,
23assessments and costs. If the judgment is not paid, the court may proceed under par.
24(a), (b) or (c) or any combination of those paragraphs, as follows:
SB77-SSA1,1882,12
1800.09
(1) (a) The court may defer payment of any judgment or provide for
2instalment payments. At the time the judgment is rendered, the court shall inform
3the defendant, orally and in writing, of the date by which restitution and the
4payment of the forfeiture, the penalty assessment, the jail assessment
, the crime
5laboratories and drug law enforcement assessment and any applicable domestic
6abuse assessment plus costs must be made, and of the possible consequences of
7failure to do so in timely fashion, including imprisonment, as provided in s. 800.095,
8or suspension of the defendant's motor vehicle operating privilege, as provided in par.
9(c), if applicable. If the defendant is not present, the court shall ensure that the
10information is sent to the defendant by mail. In 1st class cities, all of the written
11information required by this paragraph shall be printed in English and Spanish and
12provided to each defendant.
SB77-SSA1,1883,214
800.09
(2) (b) If the person charged fails to appear personally or by an attorney
15at the time fixed for hearing of the case, the defendant may be deemed to have
16entered a plea of no contest and the money deposited, if any, or such portion thereof
17as the court determines to be an adequate penalty, plus the penalty assessment, the
18jail assessment
, the crime laboratories and drug law enforcement assessment and
19any applicable domestic abuse assessment plus costs, including the fee prescribed in
20s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon
21the payment of any penalty which may be imposed, together with the penalty
22assessment, the jail assessment
, the crime laboratories and drug law enforcement
23assessment and any applicable domestic abuse assessment plus costs. If the court
24finds that the violation meets the conditions in s. 800.093 (1), the court may summon
25the alleged violator into court to determine if restitution shall be ordered under s.
1800.093. Any money remaining after payment of any penalties, assessments, costs
2and restitution shall be refunded to the person who made the deposit.
SB77-SSA1,1883,94
800.12
(2) A municipality may by ordinance provide that a municipal judge
5may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
6or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87
and, jail
7assessment under s. 302.46
and crime laboratories and drug law enforcement
8assessment under s. 165.755 and any applicable domestic abuse assessment under
9s. 973.055 (1), a jail sentence not to exceed 7 days.
SB77-SSA1,1883,1711
814.03
(3) Notwithstanding subs. (1) and (2), where the department of health
12and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and
13803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where
14the interests of the department of health and family services or of the county are
15represented under s. 803.03 (2) (b) by the party who caused the joinder, the
16department of health and family services or the county shall not be liable for costs
17to any prevailing defendant.
SB77-SSA1,1883,2019
814.60
(2) (an) Crime laboratories and drug law enforcement assessment
20imposed under s. 165.755.
SB77-SSA1,1883,2222
814.60
(2) (cg) Enforcement assessment imposed by s. 253.06 (4) (c).
SB77-SSA1, s. 5187
23Section
5187. 814.61 (12) (b) of the statutes, as affected by 1997 Wisconsin Act
24.... (this act), is repealed.
SB77-SSA1, s. 5188
25Section
5188. 814.61 (12) (b) (intro.) of the statutes is amended to read:
SB77-SSA1,1884,15
1814.61
(12) (b)
Maintenance payments and support. (intro.) Except in counties
2that have designated a county support collection designee under s.
59.07 (97m) 59.53
3(5m), for receiving and disbursing money deposited as payment for maintenance
4payments, child support or family support payments, under interim or final orders
5in an action affecting the family, and for maintaining the records required under s.
659.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make
7payments. Except in counties that have designated a county support collection
8designee under s.
59.07 (97m) 59.53 (5m), the court shall order each party ordered
9to make payments to pay the annual fee under this paragraph at the time of, and in
10addition to, the first payment to the clerk in each year for which payments are
11ordered. At the time of ordering the payment of an annual fee under this paragraph,
12the court shall notify each party ordered to make payments of the requirement to pay
13the annual fee and of the amount of the annual fee. If the annual fee under this
14paragraph is not paid when due, the clerk may not deduct the annual fee from the
15maintenance or support payment, but:
SB77-SSA1, s. 5190
17Section
5190. 814.612 of the statutes, as affected by 1997 Wisconsin Act ....
18(this act), is repealed.
SB77-SSA1,1885,9
20814.612 Fees of designee for receiving and disbursing support. (intro.)
21In a county that has designated a county support collection designee under s.
59.07
22(97m) 59.53 (5m), the support collection designee, for receiving and disbursing
23money deposited as payment for maintenance payments, child support or family
24support payments, under interim or final orders in an action affecting the family, and
25for maintaining the records required under s.
59.07 (97m) (b) 1. 59.53 (5m) (b) 1.,
1shall collect an annual fee of up to $25 to be paid by each party ordered to make
2payments. In such a county, the court shall order each party ordered to make
3payments to pay the annual fee under this section at the time of, and in addition to,
4the first payment to the support collection designee in each year for which payments
5are ordered. At the time of ordering the payment of an annual fee under this section,
6the court shall notify each party ordered to make payments of the requirement to pay
7the annual fee and of the amount of the annual fee. If the annual fee under this
8section is not paid when due, the support collection designee may not deduct the
9annual fee from the maintenance or support payment, but:
SB77-SSA1,1885,1211
814.63
(3) (am) Crime laboratories and drug law enforcement assessment
12imposed under s. 165.755.
SB77-SSA1,1885,1414
814.60
(3) (bg) Enforcement assessment imposed by s. 253.06 (4) (c).
SB77-SSA1,1885,2116
814.635
(1) Except for an action for a safety belt use violation under s. 347.48
17(2m), the clerk of circuit court shall charge and collect a
$5 $7 justice information
18system fee from any person, including any governmental unit as defined in s. 108.02
19(17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b)
20or 814.63 (1). The justice information system fee is in addition to the other fees listed
21in this section.
SB77-SSA1, s. 5195g
22Section 5195g. 814.705 (intro.) of the statutes is renumbered 814.705 (1)
23(intro.).
SB77-SSA1, s. 5195m
24Section 5195m. 814.705 (1), (2), (3) and (4) of the statutes are renumbered
25814.705 (1) (a), (b), (c) and (d).
SB77-SSA1,1886,42
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.
SB77-SSA1,1886,116
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).
SB77-SSA1,1886,1612
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.
SB77-SSA1,1887,518
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.
SB77-SSA1, s. 5201
6Section
5201. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03
7(1g) (intro.), as renumbered, is amended to read:
SB77-SSA1,1887,178
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:
SB77-SSA1,1887,2019
867.03
(1c) Definition. In this section, "guardian" has the meaning given in
20s. 880.01 (3).
SB77-SSA1,1888,622
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.
SB77-SSA1,1888,158
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.
SB77-SSA1,1888,2117
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.
SB77-SSA1, s. 5206
22Section
5206. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a)
23(intro.) and amended to read:
SB77-SSA1,1889,924
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:
SB77-SSA1, s. 5207
10Section
5207. 867.035 (1) (a), (am) and (b) of the statutes are renumbered
11867.035 (1) (a) 1., 2. and 3.
SB77-SSA1,1889,1413
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:
SB77-SSA1,1889,1515
1. Interests in or liens on real property.
SB77-SSA1,1889,1616
2. Wearing apparel and jewelry.
SB77-SSA1,1889,1717
3. Household furniture, furnishings and appliances.
SB77-SSA1,1889,1818
4. Motor vehicles and recreational vehicles.
SB77-SSA1, s. 5209
19Section
5209. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4.
20and amended to read:
SB77-SSA1,1889,2321
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.).
SB77-SSA1,1890,6
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.
SB77-SSA1,1890,158
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.
SB77-SSA1,1890,18
17885.237 (title)
Presumption
Presumptions as to operation and
18registration of motor vehicle.
SB77-SSA1,1891,221
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.
SB77-SSA1,1891,174
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.