Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,606,16 1304. Page 1207, line 19: substitute "100.30 (5m)," for "100.30 (5m),".

SB55-SSA1-SA2,606,17 1305. Page 1207, line 22: after that line insert:

SB55-SSA1-SA2,606,18 " Section 3830p. 814.245 (2) (d) of the statutes is amended to read:

SB55-SSA1-SA2,606,20 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.".

SB55-SSA1-SA2,606,21 1306. Page 1208, line 13: after that line insert:

SB55-SSA1-SA2,606,22 " Section 3835g. 814.66 (1) (a) 2. of the statutes is amended to read:

SB55-SSA1-SA2,607,5 814.66 (1) (a) 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property subject to administration, less encumbrances, liens or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.

SB55-SSA1-SA2, s. 3835h Section 3835h. 814.66 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1-SA2,607,11 814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 880 or an application for conservatorship under ch. 880, if the value of the property, less encumbrances, liens or charges, is $10,000 or less, a fee of $10 $20 and, if more than $10,000, a fee of 0.1% 0.2% of the value of the property, less encumbrances, liens or charges.

SB55-SSA1-SA2, s. 3835i Section 3835i. 814.66 (3) of the statutes is amended to read:

SB55-SSA1-SA2,607,20 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the state treasurer on or before the 5th day of January, April, July and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 50% 66.67% of the fees to the state treasurer for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.".

SB55-SSA1-SA2,607,21 1307. Page 1208, line 14: delete lines 14 and 15 and substitute:

SB55-SSA1-SA2,607,22 " Section 3836dd. 814.67 (1) (am) of the statutes is created to read:

SB55-SSA1-SA2,607,23 814.67 (1) (am) For witnesses attending before a circuit court, $16 per day.

SB55-SSA1-SA2, s. 3836f Section 3836f. 814.67 (1) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,608,2 814.67 (1) (b) (intro.) For attending before any other court the court of appeals or the supreme court:

SB55-SSA1-SA2, s. 3836g Section 3836g. 814.67 (1) (b) 2. of the statutes is amended to read:

SB55-SSA1-SA2,608,5 814.67 (1) (b) 2. For interpreters, $35 per one-half day a fee determined by the supreme court.".

SB55-SSA1-SA2,608,6 1308. Page 1209, line 3: after that line insert:

SB55-SSA1-SA2,608,8 " Section 3842d. 865.08 (1) (intro.) of the statutes is renumbered 865.08 (1) (ac) and amended to read:

SB55-SSA1-SA2,608,13 865.08 (1) (ac) Upon receipt of an application and making the determinations required by s. 865.07, the probate registrar may enter a statement of informal administration, admit a will to informal probate, and may appoint the personal representative nominated by the will or requested by the interested parties, subject to qualification and acceptance.

SB55-SSA1-SA2, s. 3842f Section 3842f. 865.08 (1) (a) (intro.) of the statutes is renumbered 865.08 (1) (am) (intro.) and amended to read:

SB55-SSA1-SA2,608,18 865.08 (1) (am) (intro.) Where If no personal representative is named or where if the named personal representative fails to qualify, the personal representative shall be either a any of the following:

SB55-SSA1-SA2,608,21 1. A bank or trust company that is entitled to exercise fiduciary powers in this state which and that has the consent of all interested persons, other than creditors of the deceased, or a.

SB55-SSA1-SA2,608,23 2. A natural person who has the consent of all interested parties, other than creditors of the deceased, and is: who is not disqualified under s. 856.23.

SB55-SSA1-SA2, s. 3842h Section 3842h. 865.08 (1) (a) 1., 2. and 3. of the statutes are repealed.".

SB55-SSA1-SA2,609,2 1309. Page 1211, line 9: delete the material beginning with that line and ending with page 1214, line 15, and substitute:

SB55-SSA1-SA2,609,3 " Section 3852d. 885.37 (title) of the statutes is amended to read:

SB55-SSA1-SA2,609,6 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.

SB55-SSA1-SA2, s. 3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.

SB55-SSA1-SA2, s. 3852m Section 3852m. 885.37 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,609,21 885.37 (1) (b) If a municipal court has notice that a person who fits any of the criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

SB55-SSA1-SA2, s. 3852r Section 3852r. 885.37 (2) of the statutes is amended to read:

SB55-SSA1-SA2,609,24 885.37 (2) A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b).

SB55-SSA1-SA2, s. 3853g Section 3853g. 885.37 (4) (a) of the statutes is repealed and recreated to read:

SB55-SSA1-SA2,610,3 885.37 (4) (a) The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.

SB55-SSA1-SA2, s. 3853m Section 3853m. 885.37 (5) (a) of the statutes is amended to read:

SB55-SSA1-SA2,610,7 885.37 (5) (a) If a municipal court under sub. (1) (b) or (2) or an agency under sub. (3) decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b) or (c).

SB55-SSA1-SA2, s. 3860m Section 3860m. 885.38 of the statutes is created to read:

SB55-SSA1-SA2,610,9 885.38 Interpreters in circuit and appellate courts. (1) In this section:

SB55-SSA1-SA2,610,10 (a) "Court proceeding" means any proceeding before a court of record.

SB55-SSA1-SA2,610,11 (b) "Limited English proficiency" means any of the following:

SB55-SSA1-SA2,610,13 1. The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

SB55-SSA1-SA2,610,16 2. The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.

SB55-SSA1-SA2,610,17 (c) "Qualified interpreter" means a person who is able to do all of the following:

SB55-SSA1-SA2,610,18 1. Readily communicate with a person who has limited English proficiency.

SB55-SSA1-SA2,610,21 2. Orally transfer the meaning of statements to and from English and the language spoken by a person who has limited English proficiency in the context of a court proceeding.

SB55-SSA1-SA2,610,25 3. Readily and accurately interpret for a person who has limited English proficiency, without omissions or additions, in a manner that conserves the meaning, tone, and style of the original statement, including dialect, slang, and specialized vocabulary.

SB55-SSA1-SA2,611,4 (2) The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the coordination, discipline, retention, and training of those interpreters.

SB55-SSA1-SA2,611,9 (3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if the court determines that the person has limited English proficiency, and an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

SB55-SSA1-SA2,611,10 1. A party in interest.

SB55-SSA1-SA2,611,11 2. A witness, while testifying in a court proceeding.

SB55-SSA1-SA2,611,12 3. An alleged victim, as defined in s. 950.02 (4).

SB55-SSA1-SA2,611,14 4. A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.

SB55-SSA1-SA2,611,16 5. Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.

SB55-SSA1-SA2,611,18 (b) The court may appoint more than one qualified interpreter in a court proceeding when necessary.

SB55-SSA1-SA2,611,21 (c) If a person with limited English proficiency, as defined in sub. (1) (b) 2., is part of a jury panel in a court proceeding, the court shall appoint a qualified interpreter for that person.

SB55-SSA1-SA2,611,24 (d) If a person with limited English proficiency requests the assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may provide the assistance of a qualified interpreter to respond to the person's inquiry.

SB55-SSA1-SA2,612,4 (e) A qualified interpreter appointed under this subsection may, with the approval of the court, provide interpreter services outside the court room that are related to the court proceedings, including during court-ordered psychiatric or medical exams or mediation.

SB55-SSA1-SA2,612,9 (4) (a) The court may accept the waiver of the right to a qualified interpreter by a person with limited English proficiency at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines on the record that the waiver has been made knowingly, intelligently, and voluntarily.

SB55-SSA1-SA2,612,12 (b) At any point in the court proceeding, for good cause, the person with limited English proficiency may retract his or her waiver and request that a qualified interpreter be appointed.

SB55-SSA1-SA2,612,16 (5) Every qualified interpreter, before commencing his or her duties in a court proceeding, shall take a sworn oath that he or she will make a true and impartial interpretation. The supreme court may approve a uniform oath for qualified interpreters.

SB55-SSA1-SA2,612,19 (6) Any party to a court proceeding may object to the use of any qualified interpreter for good cause. The court may remove a qualified interpreter for good cause.

SB55-SSA1-SA2,612,22 (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.

SB55-SSA1-SA2,612,25 (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:

SB55-SSA1-SA2,613,4 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.

SB55-SSA1-SA2,613,6 2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

SB55-SSA1-SA2,613,8 3. The supreme court shall pay the expenses in all proceedings before the supreme court.

SB55-SSA1-SA2,613,11 (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.".

SB55-SSA1-SA2,613,13 1310. Page 1216, line 11: delete the material beginning with that line and ending with page 1217, line 25.

SB55-SSA1-SA2,613,14 1311. Page 1218, line 8: after that line insert:

SB55-SSA1-SA2,613,15 " Section 3862y. 895.035 (2m) (c) of the statutes is amended to read:

SB55-SSA1-SA2,614,8 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile 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 juvenile 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, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (2). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.".

SB55-SSA1-SA2,614,9 1312. Page 1219, line 4: after that line insert:

SB55-SSA1-SA2,614,10 " Section 3871c. 895.59 of the statutes is created to read:

SB55-SSA1-SA2,614,12 895.59 Liability exemption; outdoor lighting. Outdoor lighting may not be found to be a nuisance or trespass if all of the following apply:

SB55-SSA1-SA2,614,14 (1) The outdoor lighting complies with the guidelines promulgated under s. 101.815 (1).

SB55-SSA1-SA2,614,16 (2) The outdoor lighting meets the requirements for self-certification under s. 101.815 (2).

SB55-SSA1-SA2,614,18 (3) The outdoor lighting does not present a substantial threat to public health or safety.".

SB55-SSA1-SA2,614,19 1313. Page 1219, line 9: substitute "885.38 (1) (b)," for "885.37 (1g),".

SB55-SSA1-SA2,614,20 1314. Page 1219, line 15: after that line insert:

SB55-SSA1-SA2,614,21 " Section 3872v. 908.03 (6m) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,615,2 908.03 (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:".

SB55-SSA1-SA2,615,3 1315. Page 1219, line 15: after that line insert:

SB55-SSA1-SA2,615,4 " Section 3872x. 908.03 (6m) (d) of the statutes is amended to read:

SB55-SSA1-SA2,615,12 908.03 (6m) (d) Fees. The Before July 1, 2002, 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 state 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.

SB55-SSA1-SA2, s. 3872y Section 3872y. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-SA2,615,24 908.03 (6m) (d) Fees. Before July 1 After June 30, 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 state 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.".

SB55-SSA1-SA2,616,1 1316. Page 1219, line 16: delete lines 16 to 21.