(7) The delay resulting from the need to locate and appoint a qualified interpreter may constitute good cause for the court to toll the time limitations in the court proceeding.
(8) (a) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:
1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3) (d). The county shall be reimbursed as provided in s. 758.19 (8) for expenses paid under this subdivision.
2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.
3. The supreme court shall pay the expenses in all proceedings before the supreme court.
(b) The state public defender shall pay the expenses for interpreters assisting the state public defender in representing an indigent person in preparing for court proceedings.
16,3862c
Section 3862c. 891.45 of the statutes is renumbered 891.45 (2) and amended to read:
891.45 (2) In any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of heart or respiratory impairment or disease, and where the disability or death is found to be caused by heart or respiratory impairment or disease, such finding shall be presumptive evidence that such impairment or disease was caused by such employment. In this section, "municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.
16,3862h
Section 3862h. 891.45 (1) of the statutes is created to read:
891.45 (1) In this section:
(a) "County fire fighter" means any person employed by a county whose duties primarily include active fire suppression or prevention.
(b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.
(c) "State fire fighter" means any person employed by the state whose duties primarily include active fire suppression or prevention and who is a protective occupation participant, as defined in s. 40.02 (48).
16,3862p
Section 3862p. 891.455 (1) of the statutes is amended to read:
891.455 (1) In this section, "state, county, or municipal fire fighter" means a municipal fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.
16,3862t
Section 3862t. 891.455 (2) of the statutes is amended to read:
891.455 (2) Beginning with applications submitted by a municipal fire fighter or his or her beneficiary on May 12, 1998, in In any proceeding involving an application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 10 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of cancer, and where the disability or death is found to be caused by cancer, such finding shall be presumptive evidence that the cancer was caused by such employment.
16,3862w
Section 3862w. 893.335 of the statutes is created to read:
893.335 Actions concerning property development rights. (1) In this section:
(a) "Nonprofit organization" means an organization defined in s. 94.10 (1) (b) that has jointly pursued or is currently pursuing the acquisition of property development rights with the state, a state agency, or a political subdivision.
(b) "Political subdivision" means a city, village, town, or county, or a department, division board, or other agency of a city, village, town, or county.
(c) "Property development rights" means the holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which may include retaining or protecting natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in s. 157.70 (1) (b), or preserving the historical, architectural, archaeological, or cultural aspects of real property.
(d) "Value" means the amount paid for comparable property development rights in an arm's-length sale completed within 12 months before the sale in question.
(2) (a) A person who sells the property development rights for a period of 30 years or longer in real property or his or her heir or devisee shall bring an action within one year after the sale of the property development rights to recover the difference between the value of the property development rights and the sale price of those rights or be barred.
(b) A person may bring an action under this subsection only if all of the following conditions are met:
1. The purchaser is a nonprofit organization, the state, an agency of the state, or a political subdivision.
2. The amount paid for the property development rights was at least 5% below the value of the property development rights.
(c) If the transfer of the property development rights involved a gift, a person may only recover for the portion of the transfer that was not a gift.
(4) If the person under sub. (2) is successful in obtaining a judgment under this section, the court shall include in the judgment compounded interest from the date that the property was sold, using the interest rate charged for delinquent property taxes by the county in which the property is located.
16,3862x
Section 3862x. 893.587 of the statutes is amended to read:
893.587 Incest Sexual assault of a child; limitation. An action to recover damages for injury caused by incest an act that would constitute a violation of s. 948.02, 948.025, 948.06, or 948.095 shall be commenced within 2 5 years after the plaintiff discovers the fact and the probable cause, or with the exercise of reasonable diligence should have discovered the fact and the probable cause, of the injury, whichever occurs first. This section does not shorten the period to commence an action provided under s. 893.16 (1).
16,3862yg
Section 3862yg. 893.66 (title) of the statutes is amended to read:
893.66 (title) Accountants
Certified public accountants; limitations of actions.
16,3862yr
Section 3862yr. 893.66 (1) of the statutes is amended to read:
893.66 (1) Except as provided in subs. (1m) to (4), an action to recover damages, based on tort, contract or other legal theory, against any certified public accountant licensed or certified under ch. 442 for an act or omission in the performance of professional accounting services shall be commenced within 6 years from the date of the act or omission or be barred.
16,3863
Section 3863. 895.11 of the statutes is created to read:
895.11 Payments under the tobacco settlement agreement. (1) In this section, "tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.
(2) The state's participation in the tobacco settlement agreement is affirmed.
(3) All payments received and to be received by the state under the tobacco settlement agreement are the property of the state, to be used as provided by law, including a sale, assignment, or transfer of the right to receive the payments under s. 16.63. No political subdivision of the state, and no officer or agent of any political subdivision of the state, shall have or seek to maintain any claim related to the tobacco settlement agreement or any claim against any party that was released from liability by the state under the tobacco settlement agreement.
16,3864
Section 3864. 895.483 (title) of the statutes is amended to read:
895.483 (title) Civil liability exemption; regional and county local emergency response teams and their sponsoring agencies.
16,3865
Section 3865. 895.483 (2) of the statutes is amended to read:
895.483 (2) A county local emergency response team, a member of such a team and the county, city, village, or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e).
16,3866d
Section 3866d. 895.52 (2) (a) 2. of the statutes is amended to read:
895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss. 23.115 (2) and 28.045 (3).
16,3866h
Section 3866h. 895.52 (3) (b) of the statutes is amended to read:
895.52 (3) (b) A death or injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employee or agent knew, which occurs on property designated by the department of natural resources under s. 23.115, designated by the department of forestry under s. 28.045 or designated by another state agency for a recreational activity.
16,3866p
Section 3866p. 895.53 (1) (am) of the statutes is created to read:
895.53 (1) (am) "State forest ranger" means a person appointed as a state forest ranger by the department of forestry under s. 28.92.
16,3866t
Section 3866t. 895.53 (2) of the statutes is amended to read:
895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer, state forest ranger, or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.
16,3871t
Section 3871t. 895.80 (1) of the statutes is amended to read:
895.80 (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or, 943.61, or 943.76, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201, has a cause of action against the person who caused the damage or loss.
16,3871u
Section 3871u. 895.80 (3m) of the statutes is created to read:
895.80 (3m) (a) In this subsection, "plant" includes the material taken, extracted, or harvested from a plant, or a seed or other plant material that is being used or that will be used to grow or develop a plant.
(b) If the violation of s. 943.01 (1) involves the circumstances under s. 943.01 (2d), the court may award a prevailing plaintiff the reasonable attorney fees incurred in litigating the action and, when determining the damages recoverable under sub. (3), shall include the market value of the plant before the damage or destruction, and the costs of production, research, testing, replacement, and plant development directly related to the plant that has been damaged or destroyed.
16,3871w
Section 3871w. 895.80 (5) of the statutes is amended to read:
895.80 (5) No person may bring a cause of action under both this section and s. 95.195, 943.212, 943.245 or 943.51 regarding the same incident or occurrence. If the plaintiff has a cause of action under both this section and s. 943.212, 943.245 or 943.51 regarding the same incident or occurrence, the plaintiff may choose which action to bring. If the plaintiff has a cause of action under both this section and s. 95.195, the plaintiff must bring the action under s. 95.195.
16,3871x
Section 3871x. 895.81 of the statutes is created to read:
895.81 Civil action for domestic abuse or sexual assault. (1) Any person who suffers damages as the result of intentional conduct that is prohibited under s. 940.225, or as the result of domestic abuse, as defined in s. 813.12 (1) (a), has a cause of action against the person who caused the damage.
(2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case by a preponderance of the credible evidence.
(3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover all of the following:
(a) Treble damages.
(b) All costs of investigation and litigation that were reasonably incurred.
(4) A person may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the loss or damage under sub. (1) and regardless of the outcome of any such criminal action.
16,3871y
Section 3871y. 898.14 of the statutes is repealed.
16,3872
Section 3872. 905.015 of the statutes is amended to read:
905.015 Interpreters for persons with language difficulties, limited English proficiency, or hearing or speaking impairments. If an interpreter for a person with a language difficulty, limited English proficiency, as defined in s. 885.38 (1) (b), or a hearing or speaking impairment interprets as an aid to a communication which is privileged by statute, rules adopted by the supreme court, or the U.S. or state constitution, the interpreter may be prevented from disclosing the communication by any person who has a right to claim the privilege. The interpreter may claim the privilege but only on behalf of the person who has the right. The authority of the interpreter to do so is presumed in the absence of evidence to the contrary.
16,3872v
Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:
908.03 (6m) (b) Authentication witness unnecessary. (intro.) A The testimony of a custodian or other qualified witness required by sub. (6) is unnecessary if the party who intends to offer health care provider records into evidence at a trial or hearing does one of the following at least 40 20 days before the trial or hearing:
16,3872x
Section 3872x. 908.03 (6m) (d) of the statutes is amended to read:
908.03 (6m) (d) Fees. The Before January 1, 2003, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.
16,3872y
Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
908.03 (6m) (d) Fees. Before January 1, 2003 After December 31, 2002, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c) and (3m) applies.
16,3876x
Section 3876x. 938.02 (15) of the statutes is amended to read:
938.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt, whether by blood, marriage, or adoption.
16,3878
Section 3878. 938.17 (2) (d) of the statutes is amended to read:
938.17 (2) (d) If a municipal court finds that the juvenile violated a municipal ordinance other than an ordinance enacted under s. 118.163 or an ordinance that conforms to s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2), the court shall enter any of the dispositional orders permitted under s. 938.343 that are authorized under par. (cm). If a juvenile fails to pay the forfeiture imposed by the municipal court, the court may not impose a jail sentence but may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or, unless the forfeiture was imposed for violating an ordinance unrelated to the juvenile's operation of a motor vehicle, may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years
more than 2 years. If a court suspends a license or privilege under this section, the court shall immediately take possession of the applicable license and forward it to the department that issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall thereupon return the license to the person.
16,3878e
Section 3878e. 938.17 (2) (h) 1. of the statutes is amended to read:
938.17 (2) (h) 1. If a juvenile who has violated a municipal ordinance, other than an ordinance enacted under s. 118.163 (1m) or (2), violates a condition of his or her dispositional order, the municipal court may impose on the juvenile any of the sanctions specified in s. 938.355 (6) (d) 2. to 4. 5. that are authorized under par. (cm) except for monitoring by an electronic monitoring system or may petition the court assigned to exercise jurisdiction under this chapter and ch. 48 to impose on the juvenile the sanction specified in s. 938.355 (6) (d) 1. or home detention with monitoring by an electronic monitoring system as specified in s. 938.355 (6) (d) 3., if authorized under par. (cm), if at the time of judgment the court explained the conditions to the juvenile and informed the juvenile of the possible sanctions under s. 938.355 (6) (d) that are authorized under par. (cm) for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.
16,3879d
Section 3879d. 938.183 (3) of the statutes is amended to read:
938.183 (3) When a juvenile who is subject to a criminal penalty under 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, except that the department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). 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 sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.
16,3881
Section 3881. 938.19 (1) (d) 6. of the statutes is amended to read:
938.19 (1) (d) 6. The juvenile has violated the terms a condition of court-ordered supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.
16,3882
Section 3882. 938.20 (2) (cm) of the statutes is amended to read:
938.20 (2) (cm) If the juvenile has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department or county department, whichever has aftercare supervision over the juvenile.
16,3883
Section 3883. 938.20 (7) (c) 1m. of the statutes is amended to read:
938.20 (7) (c) 1m. In the case of a juvenile who has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department or county department, whichever has aftercare supervision of the juvenile.
16,3884
Section 3884. 938.20 (8) of the statutes is amended to read:
