SB45: Bill Text

SB45,1316,17 814.04 (1) (a) When the amount recovered or the value of the property involved is $1,000 or over equal to or greater than the maximum amount specified in s. 799.01 (1) (d), attorney fees shall be $100 may not exceed $500; when it is less than $1,000 and is $500 or over, $50 the maximum amount specified in s. 799.01 (1) (d), but is $1,000 or more, attorney fees may not exceed $300; when it is less than $500 and is $200 or over, $25; and when it is less than $200, $15 $1,000, attorney fees may not exceed $100. In all other cases in which there is no amount recovered or that do not involve property, attorney fees may not exceed $500.

SB45, s. 3091 Section 3091. 814.04 (1) (b) of the statutes is repealed.

SB45, s. 3092 Section 3092. 814.04 (2) of the statutes is amended to read:

SB45,1317,7 814.04 (2) Disbursements. All the necessary disbursements and fees allowed by law; the compensation of referees; a reasonable disbursement for the service of process or other papers in an action when the same are served by a person authorized by law other than an officer, but the item may not exceed the authorized sheriff's fee for the same service; amounts actually paid out for certified and other copies of papers and records in any public office; postage, telegraphing photocopying, telephoning, electronic communications, facsimile transmissions and express or overnight delivery; depositions including copies; plats and photographs, not exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for each expert who testifies, exclusive of the standard witness fee and mileage which shall also be taxed for each expert; and in actions relating to or affecting the title to lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees shall not be taxed as a cost or disbursement.

SB45, s. 3093 Section 3093. 814.07 of the statutes is amended to read:

SB45,1317,11 814.07 Costs on motion. Costs may be allowed on a motion, in the discretion of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide the event of the action.

SB45, s. 3094 Section 3094. 814.60 (2) (a) of the statutes is amended to read:

SB45,1317,13 814.60 (2) (a) Penalty assessment imposed by s. 165.87 757.05;

SB45, s. 3095 Section 3095. 814.60 (2) (ai) of the statutes is created to read:

SB45,1317,15 814.60 (2) (ai) Consumer information assessment imposed by s. 100.261.

SB45, s. 3096 Section 3096. 814.613 of the statutes is created to read:

SB45,1317,23 814.613 Fees for driver's license suspensions or revocations. A court may require a person to pay a fee upon ordering the suspension or revocation of that person's operating privilege under s. 345.47 (1), 800.09 (1) (c), 800.095 (4) (b) 4., 938.17 (2) (d), 938.34 (8) or 938.343 (2), if the operating privilege was suspended or revoked solely for failure to pay a forfeiture imposed for violating an ordinance that is unrelated to the violator's operation of a motor vehicle. The amount of the fee may not exceed the amount that the court is required to pay under s. 85.135.

SB45, s. 3097 Section 3097. 814.63 (3) (a) of the statutes is amended to read:

SB45,1317,25 814.63 (3) (a) Penalty assessment imposed by s. 165.87 757.05.

SB45, s. 3098 Section 3098. 814.63 (3) (ai) of the statutes is created to read:

SB45,1318,2 814.63 (3) (ai) Consumer information assessment imposed by s. 100.261.

SB45, s. 3099 Section 3099. 814.635 (1) of the statutes is amended to read:

SB45,1318,9 814.635 (1) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $7 $9 justice information system fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information system fee is in addition to the other fees listed in this section.

SB45, s. 3100 Section 3100. 814.65 (6) of the statutes is created to read:

SB45,1318,17 814.65 (6) Fee for driver's license suspension or revocation. A municipal court may require a person to pay a fee upon ordering the suspension or revocation of that person's operating privilege under s. 345.47 (1), 800.09 (1) (c), 800.095 (4) (b) 4., 938.17 (2) (d), 938.34 (8) or 938.343 (2), if the operating privilege was suspended or revoked solely for failure to pay a forfeiture imposed for violating an ordinance that is unrelated to the violator's operation of a motor vehicle. The amount of the fee may not exceed the amount that the court is required to pay under s. 85.135.

SB45, s. 3101 Section 3101. 815.18 (3) (o) of the statutes is amended to read:

SB45,1318,19 815.18 (3) (o) Tuition units. Tuition units purchased under s. 16.24 14.63.

SB45, s. 3102 Section 3102. 859.02 (2) (a) of the statutes is amended to read:

SB45,1319,2 859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment insurance contributions due or benefits overpaid,; a claim for funeral or administrative expenses,; a claim of this state under s. 46.27 (7g), 49.496 or 49.682 or rules promulgated under s. 46.286 (7); or a claim of the United States; or

SB45, s. 3103 Section 3103. 859.07 (2) of the statutes is amended to read:

SB45,1319,16 859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10, 48.36, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and family services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.001 (6).

SB45, s. 3104 Section 3104. 867.01 (3) (a) 4. of the statutes is amended to read:

SB45,1319,21 867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

SB45, s. 3105 Section 3105. 867.01 (3) (d) of the statutes is amended to read:

SB45,1320,4 867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the department of health and family services as soon as practicable after filing the petition with the court.

SB45, s. 3106 Section 3106. 867.02 (2) (a) 6. of the statutes is amended to read:

SB45,1320,9 867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

SB45, s. 3107 Section 3107. 867.03 (1g) (c) of the statutes is amended to read:

SB45,1320,14 867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

SB45, s. 3108 Section 3108. 867.03 (1m) (a) of the statutes is amended to read:

SB45,1321,2 867.03 (1m) (a) Whenever an heir or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health and family services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.

SB45, s. 3109 Section 3109. 867.03 (1m) (b) of the statutes is amended to read:

SB45,1321,12 867.03 (1m) (b) An heir or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1g) that states that the decedent or the decedent's spouse received the family care benefit under s. 46.286, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir or person who was guardian of the decedent at the time of the decedent's death files the affidavit.

SB45, s. 3110 Section 3110. 867.035 (1) (a) (intro.) of the statutes is amended to read:

SB45,1321,23 867.035 (1) (a) (intro.) Except as provided in par. (bm), the department of health and family services may collect from the property 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., the family care benefit that is recoverable under rules promulgated under s. 46.286 (7) 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:

SB45, s. 3111 Section 3111. 867.035 (4) of the statutes is amended to read:

SB45,1322,8 867.035 (4) From the appropriation under s. 20.435 (5) (4) (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.

SB45, s. 3112 Section 3112. 880.60 (4) of the statutes is amended to read:

SB45,1322,23 880.60 (4) Limitation on number of wards. No person or corporate entity other than a county having a population of 100,000 or more, or a bank or trust company or the commandant of the Wisconsin veterans home at King shall be guardian of more than 5 wards at one time, unless all the wards are members of one family. Such A county shall act only for patients in its county hospital or mental hospital and for residents of its county home or infirmary, and shall serve without fee. The commandant shall act only for members of the Wisconsin veterans home and shall serve without fee. Upon presentation of a petition by an attorney of the U.S. department of veterans affairs or other interested person, alleging that a guardian is acting in a fiduciary capacity for more than 5 wards as herein provided and requesting the guardian's discharge for that reason, the court, upon proof substantiating the petition, shall require a final accounting forthwith from such the guardian and shall discharge the guardian from guardianship in excess of 5 and forthwith appoint a successor.

SB45, s. 3113 Section 3113. 893.83 of the statutes is created to read:

SB45,1323,2 893.83 Claims against state and local governments resulting from computational date errors. (1) In this section:

SB45,1323,4 (a) "Action" means any civil action or proceeding including any action for declaratory or injunctive relief.

SB45,1323,5 (b) "Computational date error" means:

SB45,1323,7 1. The failure of a computer system to handle correctly and consistently all dates before, during and after the year 2000; or

SB45,1323,10 2. The inability of a computer system to correctly interpret, produce, calculate, generate, utilize, manipulate, represent or account for all dates before, during and after the year 2000.

SB45,1323,14 (c) "Computer system" means any electronic or collection of devices, including support devices, networks, and embedded chips, that contains computer programs or electronic instructions and that performs functions including logic, arithmetic, data processing, data storage and retrieval, communication or control.

SB45,1323,19 (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or a combination of an instrumentality of the state and any of the foregoing.

SB45,1323,22 (e) "State governmental unit" means this state, and every subunit or instrumentality of this state, including any institution or authority, regardless of whether moneys are appropriated to the unit.

SB45,1324,6 (2) No person may bring an action against a state authority or local governmental unit or an officer, employe or agent of a state or local governmental unit acting within the scope of his or her employment or agency for the alleged failure of the authority, unit, officer, employe or agent to plan for, test for, detect, disclose, prevent, report on, reprogram, remediate or otherwise effect control over a computational date error or to have in place alternative provisions to deal with the effects of a computational date error or for any other act or omission related to a computational date error for which there would otherwise be liability if the authority, unit, officer, employe or agent made a good faith effort to address the alleged failure.

SB45,1324,9 (3) Any provision of a contract entered into, extended, modified or renewed by a state or local governmental unit or by a state authority on or after the effective date of this subsection .... [revisor inserts date], contrary to sub. (2) is void.

SB45, s. 3114 Section 3114. 895.82 of the statutes is created to read:

SB45,1324,12 895.82 Interpretation of contracts and other legal instruments: European currency. (1) In this section:

SB45,1324,15 (a) "Euro" means the currency of participating member states of the European Union who have adopted a single currency in accordance with the provisions of the 1992 Treaty on European Union.

SB45,1324,17 (b) "European currency unit" means the currency basket that is the monetary unit of account of the European Economic Community.

SB45,1324,23 (2) Unless otherwise required in a contract or other legal instrument, if a subject or medium of payment of a contract or other legal instrument is a currency that has been replaced by the euro, the euro shall be a commercially reasonable substitute for that currency. The valuation of the currency in euros shall be determined in accordance with any applicable regulations adopted by the council of the European Union.

SB45,1325,4 (3) Unless otherwise required in a contract or other legal instrument, if a subject or medium of payment of a contract or other legal instrument is the European currency unit, the euro shall be a commercially reasonable substitute for the European currency unit. The valuation of the European currency unit in euros shall be determined in accordance with any applicable regulations adopted by the council of the European Union.

SB45,1325,7 (4) No person may discharge or otherwise excuse performance under any contract or other legal instrument, nor unilaterally alter the terms of, or terminate, any contract or other legal instrument, as a result of sub. (2) or (3).

SB45,1325,10 (5) This section shall apply only to a contract or other legal instrument entered into or executed in this state or that contains provisions requiring the contract or other legal instrument to be interpreted according to the law of this state.

SB45, s. 3115 Section 3115. 938.02 (6) of the statutes is amended to read:

SB45,1325,17 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles unless all of the juveniles are siblings or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB45, s. 3116 Section 3116. 938.02 (14m) of the statutes is amended to read:

SB45,1325,21 938.02 (14m) "Pupil assistance program" means a program provided by a school board under s. 115.362 (4) (b) 2. 115.361 to intervene in the abuse of alcohol and other drugs by pupils.

SB45, s. 3117 Section 3117. 938.02 (15g) of the statutes is amended to read:

SB45,1325,25 938.02 (15g) "Secured child caring institution" means a child caring institution operated by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

SB45, s. 3118 Section 3118. 938.02 (15m) of the statutes is amended to read:

SB45,1326,8 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated, and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b) or 938.539 (5).

SB45, s. 3119 Section 3119. 938.02 (15p) of the statutes is created to read:

SB45,1326,13 938.02 (15p) "Secured group home" means a group home operated by a county department that is licensed under s. 48.66 (1) (b) to hold in secure custody persons who have been convicted under s. 938.183 or adjudicated delinquent under s. 938.183 or 938.34 (4h) or (4m).

SB45, s. 3120 Section 3120. 938.02 (17) of the statutes is amended to read:

SB45,1326,17 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services under s. 48.66 (1) (a).

SB45, s. 3121 Section 3121. 938.06 (1) (a) 2. of the statutes is amended to read:

SB45,1326,25 938.06 (1) (a) 2. The Subject to subd. 2m., 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).

SB45, s. 3122 Section 3122. 938.06 (1) (a) 2m. of the statutes is created to read:

SB45,1327,14 938.06 (1) (a) 2m. In formulating judicial policy under subd. 2. governing intake and court services, the chief judge may not direct the department of health and family services to provide those services in any case in which the referral information indicates that a juvenile should be referred to the court as delinquent, in need of protection or services under this chapter or in violation of a civil law or ordinance, unless that information indicates that the juvenile should also be referred to the court as in need of protection or services under ch. 48. The chief judge shall direct the department of health and family services and the county department to coordinate the provision of services in cases in which the intake worker determines under s. 48.24 (1) that prima facie jurisdiction exists under this chapter instead of or in addition to ch. 48 and in cases in which the intake worker determines under s. 938.24 (1) that prima facie jurisdiction exists under ch. 48 instead of or in addition to this chapter.

SB45, s. 3123 Section 3123. 938.069 (1) (dj) of the statutes is amended to read:

SB45,1327,18 938.069 (1) (dj) Provide aftercare services for a juvenile who has been released from a secured correctional facility or, a secured child caring institution or a secured group home.

SB45, s. 3124 Section 3124. 938.08 (3) (a) (intro.) of the statutes is amended to read:

SB45,1328,2 938.08 (3) (a) (intro.) In addition to the law enforcement authority specified in sub. (2), department personnel designated by the department and, personnel of an agency contracted with under s. 301.08 (1) (b) 3. designated by agreement between the agency and the department and personnel of a county contracted with under s. 301.08 (1) (b) 4. designated by agreement between the county and the department have the power of law enforcement authorities to take a juvenile into physical custody under the following conditions:

SB45, s. 3125 Section 3125. 938.08 (3) (a) 1. of the statutes is amended to read:

SB45,1328,6 938.08 (3) (a) 1. If they are in prompt pursuit of a juvenile who has run away from a secured correctional facility or, a child caring institution or a secured group home.

SB45, s. 3126 Section 3126. 938.08 (3) (a) 2. of the statutes is amended to read:

SB45,1328,10 938.08 (3) (a) 2. If the juvenile has failed to return to a secured correctional facility or, a child caring institution or a secured group home after any authorized absence.

SB45, s. 3127 Section 3127. 938.08 (3) (b) of the statutes is amended to read:

SB45,1328,15 938.08 (3) (b) A juvenile who is taken into custody under par. (a) may be returned directly to the secured correctional facility or , child caring institution or secured group home and shall have a hearing regarding placement in a disciplinary cottage or in disciplinary status in accordance with ch. 227.