AB100-engrossed,2195,144
778.26
(5) Except as provided by sub. (6), a person receiving a deposit shall
5prepare a receipt in triplicate showing the purpose for which the deposit is made,
6stating that the defendant may inquire at the office of the clerk of the circuit court
7regarding the disposition of the deposit, and notifying the defendant that if he or she
8fails to appear in court at the time specified in the citation he or she shall be
9considered to have tendered a plea of no contest and submitted to a forfeiture,
10penalty assessment
and, jail assessment
and crime laboratories and drug law
11enforcement assessment plus costs not to exceed the amount of the deposit and that
12the court may accept the plea. The original of the receipt shall be delivered to the
13defendant in person or by mail. If the defendant pays by check, the canceled check
14is the receipt.
AB100-engrossed,2195,2416
778.26
(6) The person receiving a deposit and stipulation of no contest shall
17prepare a receipt in triplicate showing the purpose for which the deposit is made,
18stating that the defendant may inquire at the office of the clerk of the circuit court
19regarding the disposition of the deposit, and notifying the defendant that if the
20stipulation of no contest is accepted by the court the defendant will be considered to
21have submitted to a forfeiture, penalty assessment
and
, jail assessment
and crime
22laboratories and drug law enforcement assessment plus costs not to exceed the
23amount of the deposit. Delivery of the receipt shall be made in the same manner as
24provided in sub. (5).
AB100-engrossed,2196,15
1778.26
(7) (b) If the defendant has made a deposit, the citation may serve as
2the initial pleading and the defendant shall be considered to have tendered a plea
3of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
4and crime laboratories and drug law enforcement assessment plus costs not to exceed
5the amount of the deposit. The court may either accept the plea of no contest and
6enter judgment accordingly, or reject the plea and issue a summons. If the defendant
7fails to appear in response to the summons, the court shall issue an arrest warrant.
8If the court accepts the plea of no contest, the defendant may, within 90 days after
9the date set for appearance, move to withdraw the plea of no contest, open the
10judgment and enter a plea of not guilty if the defendant shows to the satisfaction of
11the court that failure to appear was due to mistake, inadvertence, surprise or
12excusable neglect. If a defendant is relieved from the plea of no contest, the court may
13order a written complaint or petition to be filed. If on reopening the defendant is
14found not guilty, the court shall delete the record of conviction and shall order the
15defendant's deposit returned.
AB100-engrossed,2197,217
778.26
(7) (c) If the defendant has made a deposit and stipulation of no contest,
18the citation serves as the initial pleading and the defendant shall be considered to
19have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
20and, jail assessment
and crime laboratories and drug law enforcement assessment 21plus costs not to exceed the amount of the deposit. The court may either accept the
22plea of no contest and enter judgment accordingly, or reject the plea and issue a
23summons or an arrest warrant. After signing a stipulation of no contest, the
24defendant may, at any time prior to or at the time of the court appearance date, move
25the court for relief from the effect of the stipulation. The court may act on the motion,
1with or without notice, for cause shown by affidavit and upon just terms, and relieve
2the defendant from the stipulation and the effects of the stipulation.
AB100-engrossed,2197,104
778.26
(9) An officer who collects a forfeiture, penalty assessment, jail
5assessment
and crime laboratories and drug law enforcement assessment and costs
6under this section shall pay the money to the county treasurer within 20 days after
7its receipt. If the officer fails to make timely payment, the county treasurer may
8collect the payment from the officer by an action in the treasurer's name of office and
9upon the official bond of the officer, with interest at the rate of 12% per year from the
10time when it should have been paid.
AB100-engrossed,2198,312
779.01
(4) Priority of construction lien. The lien provided in sub. (3) shall
13be prior to any lien which originates subsequent to the visible commencement in
14place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a),
15292.31 (8) (i)
, 144.77 292.41 (6) (d), 292.81 and 706.11 (1). When new construction
16is the principal improvement involved, commencement is deemed to occur no earlier
17than the beginning of substantial excavation for the foundations, footings or base of
18the new construction, except where the new construction is to be added to a
19substantial existing structure, in which case the commencement is the time of the
20beginning of substantial excavation or the time of the beginning of substantial
21preparation of the existing structure to receive the added new construction,
22whichever is earlier. The lien also shall be prior to any unrecorded mortgage given
23prior to the commencement of the work of improvement, if the lien claimant has no
24actual notice of the mortgage before the commencement. Lien claimants who
25perform work or procure its performance or furnish any labor or materials or plans
1or specifications for an improvement prior to the visible commencement of the work
2of improvement shall have lien rights, but shall have only the priority accorded to
3other lien claimants.
AB100-engrossed, s. 5163e
4Section 5163e. 779.14 (1m) (b) 1. of the statutes is renumbered 779.14 (1m)
5(b) 1. (intro.) and amended to read:
AB100-engrossed,2198,146
779.14
(1m) (b) 1. (intro.) A contract under par. (a)
shall in excess of $10,000
7may not be made unless the prime contractor gives a bond issued by a surety
8company licensed to do business in this state and unless the prime contractor agrees,
9to the extent practicable, to maintain a list of all subcontractors and suppliers
10performing labor or furnishing materials under the contract.
The department of
11natural resources for contracts under s. 23.41, the department of administration for
12other state contracts, and the public board or body authorized to enter into such
13contracts for all other contracts under par. (a), may waive the requirement that
14contractors furnish bonds if all of the following conditions are met:
AB100-engrossed,2198,1616
779.14
(1m) (b) 1. a. The contract is not in excess of $25,000.
AB100-engrossed,2198,1817
b. The contract meets the written standards for a waiver established by the
18department, board or body authorized to waive the requirement.
AB100-engrossed,2198,2119
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.
AB100-engrossed,2198,2523
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.
AB100-engrossed,2199,16
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.
AB100-engrossed,2200,518
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.
AB100-engrossed, s. 5165c
6Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the
7statutes is amended to read:
AB100-engrossed,2200,119
SUBCHAPTER IX
10HOSPITAL Health care
11
provider LIENS
AB100-engrossed,2200,13
13779.80 (title)
Hospital Health care provider liens.
AB100-engrossed,2200,2016
779.80
(1m) Every
corporation, association or other organization operating as
17a charitable institution and maintaining a hospital in this state shall have health
18care provider has a lien for services rendered, by way of treatment, care or
19maintenance, to any person who has sustained personal injuries as a result of the
20negligence, wrongful act or any tort of any other person.
AB100-engrossed,2200,2222
779.80
(1b) In this section, "health care provider" means all of the following:
AB100-engrossed,2200,2423
(a) A corporation, association or other organization operating as a charitable
24institution and maintaining a hospital in this state.
AB100-engrossed,2200,2525
(b) A chiropractor licensed under ch. 446.
AB100-engrossed,2201,72
779.80
(2) Such lien shall attach to any and The lien under this section attaches
3to all rights of action, suits, claims, demands and upon any judgment, award or
4determination, and upon the proceeds of any settlement which
such the injured
5person
, or legal representatives might have against any
such other person for
6damages on account of
such the injuries, for the amount of the reasonable and
7necessary charges of
such hospital the health care provider.
AB100-engrossed, s. 5165m
8Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae)
9and amended to read:
AB100-engrossed,2201,2310
779.80
(3) (ae)
No such lien shall be
A lien under this section is not effective
11unless
the health care provider files a written notice
containing under this
12paragraph. The notice shall contain the name and address of the injured person, the
13date and location of the event causing
such the injuries, the name and
location 14address of the
hospital health care provider, and if ascertainable by reasonable
15diligence, the names and addresses of the persons alleged to be liable for damages
16sustained by
such the injured person
,. The notice shall be filed in the office of the
17clerk of circuit court in the county in which
such
the injuries
have occurred,
or in the
18county in which
such hospital the health care provider is located
, or in the county in
19which suit for recovery of such damages is pending
,. The notice shall be filed prior
20to the payment of any moneys to
such the injured person or legal representatives, but
21in no event later than 60 days after
discharge of such injured person from the hospital 22the date that the health care provider last provided services to the injured person for
23the injuries.
AB100-engrossed, s. 5165o
24Section 5165o. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and
25amended to read:
AB100-engrossed,2202,5
1 779.80
(3) (am) The clerk of circuit court shall enter all
hospital liens
created
2under this section in the judgment and lien docket, including the name of the injured
3person, the date of the event causing the injury and the name of the
hospital or other
4institution health care provider making the claim. The clerk of circuit court shall
5receive the fee prescribed in s. 814.61 (5) for entering each lien.
AB100-engrossed,2202,147
779.80
(3) (b) Within 10 days after filing of the notice of lien
under par. (ae),
8the
hospital health care provider shall send by certified mail or registered mail or
9serve personally a copy of
such the notice with the date of filing thereof to or upon
10the injured person and the person alleged to be liable for damages sustained by
such 11the injured person, if ascertained by reasonable diligence. If
such hospital the health
12care provider fails to give notice if the name and address of the person injured or the
13person allegedly liable for the injury are known or should be known, the lien
shall
14be is void.
AB100-engrossed,2202,1815
(c) The
hospital health care provider shall also serve a copy of
such the notice
16under par. (ae), as provided in par. (b), to any insurer
which that has insured
such 17the person alleged to be liable for the injury against such liability, if the name and
18address may be ascertained by reasonable diligence.
AB100-engrossed,2202,2520
779.80
(4) After filing and service of the notice of lien, no release of any
21judgment, claim or demand by the injured person
shall be is valid as against
such 22the lien
under this section, and the person making any payment to
such the injured
23person or legal representatives as compensation for the injuries sustained shall, for
24a period of one year
from after the date of
such the payment, remain liable to the
25hospital health care provider for the amount of
such the lien.
AB100-engrossed,2203,92
779.80
(5) Such lien shall The lien under this section does not in any way
3prejudice or interfere with any lien or contract
which
that may be made by
such the 4injured person or legal representatives with any attorney
or attorneys for legal
5services rendered with respect to the claim of the injured person or legal
6representatives against the person alleged to be liable for
such the injury.
Said lien
7shall also be subservient to actual Actual taxable court costs
, and actual
8disbursements made by the attorney in prosecuting the court action
have priority
9over the lien under this section.
AB100-engrossed,2203,1311
779.80
(6) No hospital is A health care provider is not entitled to any lien under
12this section if the person injured is eligible for compensation under ch. 102 or any
13other worker's compensation act.
AB100-engrossed,2203,2215
799.24
(1) Entry of judgment or order; notice of entry thereof. When a
16judgment or an order is rendered, the judge, court commissioner or clerk of circuit
17court shall immediately enter it in the court record and note the date thereof which
18shall be the date of entry of judgment or order. The clerk of circuit court, except in
19municipal and county forfeiture actions, shall mail a notice of entry of judgment to
20the parties or their attorneys at their last-known address within 5 days of its entry.
21Upon payment of the
exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk
22of circuit court shall enter the judgment in the judgment and lien docket.
AB100-engrossed,2204,524
800.02
(2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
25in court at the time fixed in the citation, the defendant is deemed to have tendered
1a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
2and crime laboratories and drug law enforcement assessment and any applicable
3domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1),
4not to exceed the amount of the deposit. The notice shall also state that the court may
5decide to summon the defendant rather than accept the deposit and plea.
AB100-engrossed,2204,137
800.02
(3) (a) 5. A plain and concise statement of the violation identifying the
8event or occurrence from which the violation arose and showing that the plaintiff is
9entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
10is based and a demand for a forfeiture, the amount of which shall not exceed the
11maximum set by the statute involved, the penalty assessment, the jail assessment,
12the crime laboratories and drug law enforcement assessment, any applicable
13domestic abuse assessment and such other relief that is sought by the plaintiff.
AB100-engrossed,2204,2215
800.03
(3) The amount of the deposit shall be set by the municipal judge, but
16shall not be effective until approved by the governing body of the municipality. The
17amount shall not exceed the maximum penalty for the offense, including any penalty
18assessment that would be applicable under s. 165.87, any jail assessment that would
19be applicable under s. 302.46 (1)
, any crime laboratories and drug law enforcement
20assessment that would be applicable under s. 165.755 and any domestic abuse
21assessment that would be applicable under s. 973.055 (1), plus court costs, including
22the fee prescribed in s. 814.65 (1).
AB100-engrossed,2205,1624
800.04
(2) (b) If the municipal judge determines that the defendant should not
25be released under par. (a) and the defendant is charged with a traffic or boating
1violation, the municipal judge shall release the defendant on a deposit in the amount
2established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
3For other violations, the municipal judge shall establish a deposit in an amount not
4to exceed the maximum penalty for the offense, including any penalty assessment
5that would be applicable under s. 165.87, any jail assessment that would be
6applicable under s. 302.46 (1)
, any crime laboratories and drug law enforcement
7assessment that would be applicable under s. 165.755 and any domestic abuse
8assessment that would be applicable under s. 973.055 (1). If the judge in a 1st class
9city determines that a defendant appearing before the judge through interactive
10video and audio transmission should not be released under par. (a), the judge shall
11inform the defendant that he or she has the right to appear personally before a judge
12for a determination, not prejudiced by the first appearance, as to whether he or she
13should be released without a deposit. On failure of the defendant to make a deposit
14under this paragraph, he or she may be committed to jail pending trial only if the
15judge finds that there is a reasonable basis to believe the person will not appear in
16court.
AB100-engrossed,2206,518
800.04
(2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
19and does not appear, he or she is deemed to have tendered a plea of no contest and
20submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment
21imposed by s. 302.46 (1)
, a crime laboratories and drug law enforcement assessment
22imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s.
23973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the
24amount of the deposit. The court may either accept the plea of no contest and enter
25judgment accordingly, or reject the plea and issue a summons. If the court finds that
1the violation meets the conditions in s. 800.093 (1), the court may summon the
2alleged violator into court to determine if restitution shall be ordered under s.
3800.093. If the defendant fails to appear in response to the summons, the court shall
4issue a warrant under s. 968.09. If the defendant has made a deposit but does appear,
5the court shall allow the defendant to withdraw the plea of no contest.
AB100-engrossed,2206,167
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty it
8may render judgment by ordering restitution under s. 800.093 and payment of a
9forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
10by s. 302.46 (1)
, the crime laboratories and drug law enforcement assessment
11imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s.
12973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The
13court shall apply any payment received on a judgment that includes restitution to
14first satisfy any payment of restitution ordered, then to pay the forfeiture,
15assessments and costs. If the judgment is not paid, the court may proceed under par.
16(a), (b) or (c) or any combination of those paragraphs, as follows:
AB100-engrossed,2207,418
800.09
(1) (a) The court may defer payment of any judgment or provide for
19instalment payments. At the time the judgment is rendered, the court shall inform
20the defendant, orally and in writing, of the date by which restitution and the
21payment of the forfeiture, the penalty assessment, the jail assessment
, the crime
22laboratories and drug law enforcement assessment and any applicable domestic
23abuse assessment plus costs must be made, and of the possible consequences of
24failure to do so in timely fashion, including imprisonment, as provided in s. 800.095,
25or suspension of the defendant's motor vehicle operating privilege, as provided in par.
1(c), if applicable. If the defendant is not present, the court shall ensure that the
2information is sent to the defendant by mail. In 1st class cities, all of the written
3information required by this paragraph shall be printed in English and Spanish and
4provided to each defendant.
AB100-engrossed,2207,196
800.09
(2) (b) If the person charged fails to appear personally or by an attorney
7at the time fixed for hearing of the case, the defendant may be deemed to have
8entered a plea of no contest and the money deposited, if any, or such portion thereof
9as the court determines to be an adequate penalty, plus the penalty assessment, the
10jail assessment
, the crime laboratories and drug law enforcement assessment and
11any applicable domestic abuse assessment plus costs, including the fee prescribed in
12s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon
13the payment of any penalty which may be imposed, together with the penalty
14assessment, the jail assessment
, the crime laboratories and drug law enforcement
15assessment and any applicable domestic abuse assessment plus costs. If the court
16finds that the violation meets the conditions in s. 800.093 (1), the court may summon
17the alleged violator into court to determine if restitution shall be ordered under s.
18800.093. Any money remaining after payment of any penalties, assessments, costs
19and restitution shall be refunded to the person who made the deposit.
AB100-engrossed,2208,221
800.12
(2) A municipality may by ordinance provide that a municipal judge
22may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
23or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87
and, jail
24assessment under s. 302.46
and crime laboratories and drug law enforcement
1assessment under s. 165.755 and any applicable domestic abuse assessment under
2s. 973.055 (1), a jail sentence not to exceed 7 days.
AB100-engrossed,2208,84
806.10
(1) (intro.) At the time of entry of a judgment directing in whole or in
5part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and
6upon payment of the
exact amount of the fee prescribed in s. 814.61 (5) (b), the clerk
7of circuit court shall enter the judgment in the judgment and lien docket, arranged
8alphabetically, including all of the following:
AB100-engrossed,2208,1310
806.10
(3) Every clerk of circuit court who enters a judgment or decree and
11enters upon the judgment and lien docket a date or time other than that of its actual
12entry or neglects to enter the same at the proper time shall be liable
in treble
13damages to the party injured.
AB100-engrossed,2208,1915
813.123
(5) (a) 3. a. That the respondent has interfered with, or based upon
16prior conduct of the respondent may interfere with, an investigation of the
17vulnerable adult under s. 55.043 and that the interference complained of, if
18continued, would make it difficult to determine if
abuse, neglect or misappropriation
19of property
or abuse or neglect is occurring or may recur.
AB100-engrossed,2209,221
814.03
(3) Notwithstanding subs. (1) and (2), where the department of health
22and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and
23803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where
24the interests of the department of health and family services or of the county are
25represented under s. 803.03 (2) (b) by the party who caused the joinder, the
1department of health and family services or the county shall not be liable for costs
2to any prevailing defendant.
AB100-engrossed,2209,54
814.60
(2) (an) Crime laboratories and drug law enforcement assessment
5imposed under s. 165.755.
AB100-engrossed,2209,77
814.60
(2) (cg) Enforcement assessment imposed by s. 253.06 (4) (c).
AB100-engrossed,2209,239
814.61
(12) (b)
Maintenance payments and support. (intro.) Except in counties
10that have designated a county support collection designee under s.
59.07 (97m) 59.53
11(5m), for receiving and disbursing money deposited as payment for maintenance
12payments, child support or family support payments, under interim or final orders
13in an action affecting the family, and for maintaining the records required under s.
1459.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make
15payments. Except in counties that have designated a county support collection
16designee under s.
59.07 (97m) 59.53 (5m), the court shall order each party ordered
17to make payments to pay the annual fee under this paragraph at the time of, and in
18addition to, the first payment to the clerk in each year for which payments are
19ordered. At the time of ordering the payment of an annual fee under this paragraph,
20the court shall notify each party ordered to make payments of the requirement to pay
21the annual fee and of the amount of the annual fee. If the annual fee under this
22paragraph is not paid when due, the clerk may not deduct the annual fee from the
23maintenance or support payment, but:
AB100-engrossed, s. 5187
24Section
5187. 814.61 (12) (b) of the statutes, as affected by 1997 Wisconsin Act
25.... (this act), is repealed.
AB100-engrossed,2210,83
814.61
(13) Support or maintenance petition. For the cost of court services,
4whenever a person not receiving benefits under s. 49.148
, 49.153 or 49.155 or aid
5under s. 49.19, 49.46, 49.465, 49.468 or 49.47 files a petition requesting child
6support, maintenance or family support payments, $10 in addition to any other fee
7required under this section. This subsection does not apply to a petition filed by the
8state or its delegate.
AB100-engrossed,2210,24
10814.612 Fees of designee for receiving and disbursing support. (intro.)
11In a county that has designated a county support collection designee under s.
59.07
12(97m) 59.53 (5m), the support collection designee, for receiving and disbursing
13money deposited as payment for maintenance payments, child support or family
14support payments, under interim or final orders in an action affecting the family, and
15for maintaining the records required under s.
59.07 (97m) (b) 1. 59.53 (5m) (b) 1.,
16shall collect an annual fee of up to $25 to be paid by each party ordered to make
17payments. In such a county, the court shall order each party ordered to make
18payments to pay the annual fee under this section at the time of, and in addition to,
19the first payment to the support collection designee in each year for which payments
20are ordered. At the time of ordering the payment of an annual fee under this section,
21the court shall notify each party ordered to make payments of the requirement to pay
22the annual fee and of the amount of the annual fee. If the annual fee under this
23section is not paid when due, the support collection designee may not deduct the
24annual fee from the maintenance or support payment, but: