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:
AB100-engrossed, s. 5190
1Section
5190. 814.612 of the statutes, as affected by 1997 Wisconsin Act ....
2(this act), is repealed.
AB100-engrossed,2211,54
814.63
(3) (am) Crime laboratories and drug law enforcement assessment
5imposed under s. 165.755.
AB100-engrossed,2211,77
814.63
(3) (bg) Enforcement assessment imposed by s. 253.06 (4) (c).
AB100-engrossed,2211,149
814.635
(1) Except for an action for a safety belt use violation under s. 347.48
10(2m), the clerk of circuit court shall charge and collect a
$5 $7 justice information
11system fee from any person, including any governmental unit as defined in s. 108.02
12(17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b)
13or 814.63 (1). The justice information system fee is in addition to the other fees listed
14in this section.
AB100-engrossed,2211,2316
814.65
(1) Court costs. In a municipal court action, except an action for
17violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall
18collect a fee of
not less than $15
nor more than $23 on each separate matter, whether
19it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant
20or summons or the action is tried as a contested matter. Of each
$15 fee received by
21the judge under this subsection, the municipal treasurer shall pay monthly
22one-third $5 to the state treasurer for deposit in the general fund and shall retain
23the balance for the use of the municipality.
AB100-engrossed, s. 5195m
1Section 5195m. 814.705 (1), (2), (3) and (4) of the statutes are renumbered
2814.705 (1) (a), (b), (c) and (d).
AB100-engrossed,2212,64
814.705
(2) With respect to sheriff's fees for the sale of real estate under s.
5814.70 (9), the county board may establish a higher fee in an amount not to exceed
6$150.
AB100-engrossed,2212,138
823.08
(3) (c) 1. Subject to subd. 2., if a court requests the department of
9agriculture, trade and consumer protection or the department of natural resources
10for suggestions under par. (b) 2. a., the department of agriculture, trade and
11consumer protection or the department of natural resources shall advise the court
12concerning the relevant provisions of the performance standards, prohibitions,
13conservation practices and technical standards under s. 281.16 (3).
AB100-engrossed,2212,1814
2. If the agricultural use or agricultural practice alleged to be a nuisance was
15begun before the effective date of this subdivision .... [revisor inserts date], a
16department may advise the court under subd. 1. only if the department determines
17that cost-sharing is available to the defendant under s. 92.14, 281.16 (5) or 281.65
18or from any other source.
AB100-engrossed,2213,720
823.115
(1) If personal and real property are ordered sold under s. 823.114, and
21the real property is not released to the owner under s. 823.15, the plaintiff in the
22action under s. 823.113 shall sell the property at the highest available price. The city,
23town or village may sell the property at either a public or private sale. The proceeds
24of the sale shall be applied to the payment of the costs of the action and abatement
25and any liens on the property, and the balance, if any, paid as provided in sub. (2).
1The plaintiff may file a notice of the pendency of the action as in actions affecting the
2title to real estate and if the owner of the building or structure, or the owner of the
3land upon which the building or structure is located, is found guilty of the nuisance,
4the judgment for costs of the action not paid out of the proceeds of the sale of the
5property shall constitute a lien on the real estate prior to any other lien created after
6the filing of the lis pendens, except a lien under s. 292.31 (8) (i)
, 292.41 (6) (d) or
7292.81.
AB100-engrossed,2213,2010
846.04
(1) The plaintiff may, in the complaint, demand judgment for any
11deficiency that may remain due the plaintiff after sale of the mortgaged premises
12against every party who is personally liable for the debt secured by the mortgage.
13Judgment may be rendered for any deficiency remaining after applying the proceeds
14of sale to the amount due. The judgment for deficiency shall be ordered in the original
15judgment and separately rendered against the party liable on or after the
16confirmation of sale. The judgment for deficiency shall be entered in the judgment
17and lien docket and
, except as provided in subs. (2) and (3), enforced as in other cases.
18A mortgage foreclosure deficiency judgment entered on property devoted primarily
19to agricultural use, as defined in s. 91.01 (5), on and after the effective date of this
20subsection .... [revisor inserts date], shall be recorded as an agriculture judgment.
AB100-engrossed,2214,222
846.04
(2) Except as provided in sub. (3), if a mortgage foreclosure deficiency
23judgment is entered on property devoted primarily to agricultural use, as defined in
24s. 91.01 (5), an action on the deficiency judgment shall be commenced within 10 years
1after the date on which the mortgage foreclosure deficiency judgment is entered or
2be barred.
AB100-engrossed,2214,184
846.04
(3) If a mortgage foreclosure deficiency judgment was entered before
5January 1, 1990, on property devoted primarily to agricultural use, as defined in s.
691.01 (5), an action on the deficiency judgment shall be commenced within 2 years
7after the effective date of this subsection .... [revisor inserts date], or be barred. If the
8deficiency judgment remains unsatisfied in a mortgage foreclosure deficiency
9judgment action entered before the effective date of this subsection .... [revisor
10inserts date], the defendant in that action shall notify the clerk of circuit court of the
11existence of that deficiency judgment and of the date that an action on that deficiency
12judgment shall be commenced or be barred. Not later than 60 days prior to 2 years
13after the effective date of this subsection .... [revisor inserts date], if notified of an
14unsatisfied deficiency judgment by the defendant in that action, the clerk of each
15circuit court in which a mortgage foreclosure deficiency judgment on property
16devoted primarily to agricultural use, as defined in s. 91.01 (5), was entered before
17January 1, 1990, and remains unsatisfied, shall, upon payment by the defendant in
18that action of the costs of the publication and certified mail, do all of the following:
AB100-engrossed,2214,2419
(a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper
20of the county where the mortgage foreclosure deficiency judgment was entered,
21stating that the party holding the mortgage foreclosure deficiency judgment is
22required to commence an action on the deficiency judgment prior to 2 years after the
23effective date of this paragraph .... [revisor inserts date], or be barred from any
24further action on that deficiency judgment.
AB100-engrossed,2215,5
1(b) Notify by certified mail the primary plaintiff in the action for the mortgage
2foreclosure deficiency judgment that the plaintiff is required to commence an action
3on the deficiency judgment prior to 2 years after the effective date of this paragraph
4.... [revisor inserts date], or be barred from any further action on that deficiency
5judgment.
AB100-engrossed, 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:
AB100-engrossed,2215,178
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-engrossed,2215,2019
867.03
(1c) Definition. In this section, "guardian" has the meaning given in
20s. 880.01 (3).
AB100-engrossed,2216,622
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-engrossed,2216,158
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-engrossed,2216,2117
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-engrossed, s. 5206
22Section
5206. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a)
23(intro.) and amended to read:
AB100-engrossed,2217,924
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-engrossed, s. 5207
10Section
5207. 867.035 (1) (a), (am) and (b) of the statutes are renumbered
11867.035 (1) (a) 1., 2. and 3.
AB100-engrossed,2217,1413
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-engrossed,2217,1515
1. Interests in or liens on real property.
AB100-engrossed,2217,1616
2. Wearing apparel and jewelry.
AB100-engrossed,2217,1717
3. Household furniture, furnishings and appliances.
AB100-engrossed,2217,1818
4. Motor vehicles and recreational vehicles.
AB100-engrossed, s. 5209
19Section
5209. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4.
20and amended to read:
AB100-engrossed,2217,2321
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-engrossed,2218,6
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-engrossed,2218,158
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-engrossed,2218,18
17885.237 (title)
Presumption
Presumptions as to operation and
18registration of motor vehicle.
AB100-engrossed,2219,221
885.237
(2) Notwithstanding s. 341.04, the fact that an automobile, station
22wagon or motor truck having a registered weight of 8,000 pounds or less is located
23on a highway, as defined in s. 340.01 (22), and is not displaying valid registration
24plates, a temporary operation plate or other evidence of registration as provided
1under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle
2is an unregistered or improperly registered vehicle.