SB77: Bill Text

SB77,1934,6 867.035 (1) (a) (intro.) The Except as provided in par. (bm), the department of health and family services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent , including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

SB77, s. 5207 Section 5207. 867.035 (1) (a), (am) and (b) of the statutes are renumbered 867.035 (1) (a) 1., 2. and 3.

SB77, s. 5208 Section 5208. 867.035 (1) (bm) of the statutes is created to read:

SB77,1934,11 867.035 (1) (bm) The department of health and family services may not collect by affidavit under this section from any of the following property of the decedent:

SB77,1934,12 1. Interests in or liens on real property.

SB77,1934,13 2. Wearing apparel and jewelry.

SB77,1934,14 3. Household furniture, furnishings and appliances.

SB77,1934,15 4. Motor vehicles and recreational vehicles.

SB77, s. 5209 Section 5209. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4. and amended to read:

SB77,1934,20 867.035 (1) (a) 4. The value of the solely owned property in this state left by the decedent, after payment of burial costs, does not exceed the amount under s. 867.03 (1) (1g) (intro.).

SB77, s. 5210 Section 5210. 867.035 (2) of the statutes is amended to read:

SB77,1935,2 867.035 (2) A person who possesses property of a decedent shall transmit the property to the department of health and family services upon receipt of an affidavit by a person designated by the secretary of health and family services to administer this section showing that the conditions in sub. (1) (a) are satisfied. Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

SB77, s. 5211 Section 5211. 867.035 (4) of the statutes is amended to read:

SB77,1935,11 867.035 (4) From the appropriation under s. 20.435 (1) (5) (im), with respect to funds collected by the department under sub. (1) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health and family services shall pay claims under sub. (3), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits under subch. IV of ch. 49.

SB77, s. 5212 Section 5212. 885.01 (5) of the statutes is created to read:

SB77,1935,16 885.01 (5) By the department of industry, labor and job development or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB77, s. 5213 Section 5213. 887.23 (1) of the statutes is amended to read:

SB77,1936,6 887.23 (1) Who may require. The department of health and social services, the department of corrections, the department of education state superintendent of public instruction or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

SB77, s. 5214 Section 5214. 891.39 (1) (a) of the statutes is amended to read:

SB77,1936,20 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB77, s. 5215 Section 5215. 891.405 of the statutes is amended to read:

SB77,1936,25 891.405 Presumption of paternity based on acknowledgment. A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed to be the father under s. 891.41 (1).

SB77, s. 5216 Section 5216. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1) (b), as renumbered, is amended to read:

SB77,1937,7 891.41 (1) (b) He and the child's natural mother were married to each other after the child was born but he and the child's natural mother had a relationship with one another during the period of time within which the child was conceived and no other man has been adjudicated to be the father or presumed to be the father of the child under sub. (1) par. (a).

SB77, s. 5217 Section 5217. 891.41 (2) of the statutes is created to read:

SB77,1937,14 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man other than the man presumed to be the father under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher, even if the man presumed to be the father under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB77, s. 5218 Section 5218. 893.80 (6m) of the statutes is created to read:

SB77,1937,19 893.80 (6m) A local governmental unit, as defined in s. 345.05 (1) (bg), its officers, officials, agents or employes shall not be liable for any claim for damages to person or property arising out of the operation of a snowplow, as defined in s. 340.01 (58m).

SB77, s. 5219 Section 5219. 893.80 (8) of the statutes is amended to read:

SB77,1937,22 893.80 (8) This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

SB77, s. 5220 Section 5220. 895.035 (2m) (b) of the statutes is amended to read:

SB77,1938,12 895.035 (2m) (b) If a child fails to pay a forfeiture or surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the child will not pay the forfeiture or surcharge as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or surcharge unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or surcharge is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

SB77, s. 5221 Section 5221. 895.035 (2m) (bm) 1. of the statutes is amended to read:

SB77,1939,2 895.035 (2m) (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or , forfeiture or surcharge unpaid, but not as to the amount of the restitution or , forfeiture or surcharge originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or, forfeiture or surcharge and the ability of the child or the parent to pay the restitution or, forfeiture or surcharge. In considering the ability of the child or the parent to pay the restitution or, forfeiture or surcharge, the court may consider the assets, as well as the income, of the child or the parent and may consider the future ability of the child or parent to pay the restitution or, forfeiture or surcharge within the time specified in s. 893.40.

SB77, s. 5222 Section 5222. 895.035 (2m) (c) of the statutes is amended to read:

SB77,1939,20 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or, forfeiture or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

SB77, s. 5223 Section 5223. 895.055 (3) of the statutes is amended to read:

SB77,1939,25 895.055 (3) This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under chs. 561 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

SB77, s. 5224 Section 5224. 895.056 (4) of the statutes is amended to read:

SB77,1940,4 895.056 (4) This section does not apply to any property that is permitted to be played, bet or wagered under chs. 561 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

SB77, s. 5225 Section 5225. 895.46 (9) of the statutes is created to read:

SB77,1940,11 895.46 (9) (a) Subject to par. (b), the protection afforded by this section applies to a student enrolled in a public or private institution of higher education and under the direct supervision of a health care provider, as defined in s. 146.81 (1), who provides health care services to prisoners incarcerated in a state prison described under s. 302.01 pursuant to a contract between a state agency, as defined in s. 20.001 (1), and a public or private institution of higher education.

SB77,1940,19 (b) Failure by the student to give notice to the secretary of health and family services of an action or special proceeding commenced against the student as soon as reasonably possible is a bar to recovery by the student from the state of reasonable attorney fees and costs of defending the action. The attorney fees and costs shall not be recoverable if the state offers the student legal counsel and the offer is refused by the student. If the student refuses to cooperate in the defense of the litigation, the student is not eligible for any indemnification or for the provision of legal counsel by the state under this section.

SB77, s. 5226 Section 5226. 895.48 (title) of the statutes is amended to read:

SB77,1940,23 895.48 (title) Civil liability exemption; emergency care, health care at athletic events and health care, hazardous substances and information concerning paternity.

SB77, s. 5227 Section 5227. 895.48 (3) of the statutes is created to read:

SB77,1941,9 895.48 (3) Any member of the staff of a hospital who is designated by the hospital and trained by the department of industry, labor and job development under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of industry, labor and job development and oral information about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that written and oral information.

SB77, s. 5228 Section 5228. 938.02 (2m) of the statutes is amended to read:

SB77,1941,15 938.02 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal court.

SB77, s. 5229 Section 5229. 938.02 (10) of the statutes is amended to read:

SB77,1941,21 938.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), the judge of the municipal court.

SB77, s. 5230 Section 5230. 938.02 (13) of the statutes is amended to read:

SB77,1942,3 938.02 (13) "Parent" means either a biological parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.60, "parent" includes a person adjudged in a judicial proceeding adjudicated or acknowledged to be the biological father. "Parent" does not include any person whose parental rights have been terminated.

SB77, s. 5231 Section 5231. 938.02 (14m) of the statutes is amended to read:

SB77,1942,7 938.02 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. 46.73 (6) (d) 2. b. to intervene in the abuse of alcohol and other drugs by pupils.

SB77, s. 5232 Section 5232. 938.06 (1) (a) 1. of the statutes is amended to read:

SB77,1942,23 938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections under this chapter and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department, and. The center shall also include the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases under this chapter and ch. 48.

SB77, s. 5233 Section 5233. 938.06 (1) (a) 2. of the statutes is amended to read:

SB77,1943,7 938.06 (1) (a) 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

SB77, s. 5234 Section 5234. 938.06 (1) (am) 1. of the statutes is amended to read:

SB77,1943,15 938.06 (1) (am) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB77, s. 5235 Section 5235. 938.06 (1) (am) 2. of the statutes is amended to read:

SB77,1943,19 938.06 (1) (am) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

SB77, s. 5236 Section 5236. 938.06 (2) (a) of the statutes is amended to read:

SB77,1944,6 938.06 (2) (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services under this chapter shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

SB77, s. 5237 Section 5237. 938.06 (2) (am) 1. of the statutes is amended to read:

SB77,1944,11 938.06 (2) (am) 1. Notwithstanding par. (a), any county which had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.

SB77, s. 5238 Section 5238. 938.06 (2) (am) 2. of the statutes is amended to read:

SB77,1944,22 938.06 (2) (am) 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services under this chapter from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services under this chapter from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

SB77, s. 5239 Section 5239. 938.06 (2) (b) 1. of the statutes is amended to read:

SB77,1945,9 938.06 (2) (b) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

SB77, s. 5240 Section 5240. 938.06 (2) (b) 2. of the statutes is amended to read:

SB77,1945,13 938.06 (2) (b) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

SB77, s. 5241 Section 5241. 938.183 (1m) (c) of the statutes is amended to read:

SB77,1945,18 938.183 (1m) (c) If the juvenile is convicted of a lesser offense and if any of the conditions specified in s. 938.183 (2) (a) 1. or 2. sub. (2) (a) or (b) applies, the court of criminal jurisdiction may impose a criminal penalty or a disposition specified in s. 938.34.

SB77, s. 5242 Section 5242. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).

SB77, s. 5243 Section 5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and amended to read:

SB77,1946,4 938.183 (3) When a juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) for an act committed before July 1, 1998, is eligible for parole under s. 304.06.

SB77, s. 5244 Section 5244. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and amended to read:

SB77,1946,12 938.183 (4) If the juvenile is placed outside the juvenile's home under this subsection section, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for establishment of child support.

SB77, s. 5245 Section 5245. 938.22 (title) of the statutes is amended to read:

SB77,1946,15 938.22 (title) Establishment of secure detention facilities, child caring institutions and shelter care facilities.

SB77, s. 5246 Section 5246. 938.22 (1) (a) of the statutes is amended to read:

SB77,1946,21 938.22 (1) (a) The county board of supervisors may establish a secure detention facility or a shelter care facility or both of any county, or the county boards of supervisors for 2 or more counties may jointly, may establish a secure detention facility, a child caring institution or a shelter care facility or both any combination of those facilities or institutions in accordance with ss. 46.16, 46.20 and 301.36.

SB77, s. 5247 Section 5247. 938.22 (1) (b) of the statutes is amended to read:

SB77,1947,4 938.22 (1) (b) Subject to sub. (3) (ar), in counties having a population of less than 500,000, the nonjudicial operational policies of the secure detention facility, child caring institution or shelter care facility shall be determined by the county board of supervisors or, in the case of a secure detention facility, child caring institution or shelter care facility established by 2 or more counties, by the county boards of supervisors for the 2 or more counties jointly. Those policies shall be executed by the superintendent appointed under sub. (3) (a).

SB77, s. 5248 Section 5248. 938.22 (2) (a) of the statutes is amended to read:

SB77,1947,15 938.22 (2) (a) Counties shall submit plans for the secure detention facility or juvenile portion of the county jail to the department of corrections and submit plans for the child caring institution or shelter care facility to the department of health and family services. The applicable department shall review the submitted plans. The counties may not implement any such plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval of the operation of secure detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety and welfare of the juveniles in these facilities.

SB77, s. 5249 Section 5249. 938.22 (3) (a) of the statutes is amended to read: