Amendment SSA1-SB44

SB44-SSA1,995,21 814.61 (7) (a) Except as provided in par. (b), upon the filing of any petition under s. 767.32 (1) or any motion, by either party, for the revision of a judgment or order in an action affecting the family, $30. No fee may be collected under this paragraph for any petition or motion by either party for the revision of a judgment or order involving child support, family support, or maintenance if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 50% to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.

SB44-SSA1, s. 2700 Section 2700. 814.61 (7) (b) of the statutes is amended to read:

SB44-SSA1,996,3 814.61 (7) (b) Upon the filing of any petition, motion , or order to show cause by either party under s. 767.325 or 767.327, $50. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25% to the state treasurer secretary of administration for deposit in the general fund, retain 25% for the use of the county, and deposit 50% in a separate account to be used by the county exclusively for the purposes specified in s. 767.11.

SB44-SSA1, s. 2701 Section 2701. 814.61 (8) (c) of the statutes is amended to read:

SB44-SSA1,996,9 814.61 (8) (c) Of the fees received by the clerk under par. (am) 1., the county treasurer shall pay $22.50 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $5 of the $22.50 to the appropriation under s. 20.680 (2) (j).

SB44-SSA1, s. 2702 Section 2702. 814.61 (8) (d) of the statutes is amended to read:

SB44-SSA1,996,14 814.61 (8) (d) Of the fees received by the clerk under par. (am) 2., the county treasurer shall pay $30 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $5 of the $30 to the appropriation under s. 20.680 (2) (j).

SB44-SSA1, s. 2704 Section 2704. 814.62 (1) of the statutes is amended to read:

SB44-SSA1,996,21 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20. Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

SB44-SSA1, s. 2705 Section 2705. 814.62 (3) (d) 2. of the statutes is amended to read:

SB44-SSA1,997,2 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).

SB44-SSA1, s. 2706 Section 2706. 814.62 (3) (d) 3. of the statutes is amended to read:

SB44-SSA1,997,8 814.62 (3) (d) 3. Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).

SB44-SSA1, s. 2707 Section 2707. 814.63 (5) of the statutes is amended to read:

SB44-SSA1,997,14 814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2) (j).

SB44-SSA1, s. 2708 Section 2708. 814.634 (1) (a) of the statutes is amended to read:

SB44-SSA1,997,19 814.634 (1) (a) 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 $52 $68 court support services 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) or 814.63 (1).

SB44-SSA1, s. 2709 Section 2709. 814.634 (1) (b) of the statutes is amended to read:

SB44-SSA1,997,25 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $130 $169 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

SB44-SSA1, s. 2710 Section 2710. 814.634 (1) (c) of the statutes is amended to read:

SB44-SSA1,998,7 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $39 $51 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

SB44-SSA1, s. 2711 Section 2711. 814.634 (2) of the statutes is amended to read:

SB44-SSA1,998,11 814.634 (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer secretary of administration under s. 59.25 (3) (p).

SB44-SSA1, s. 2712 Section 2712. 814.635 (1m) of the statutes is amended to read:

SB44-SSA1,998,16 814.635 (1m) Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a fee under sub. (1), he or she shall also charge and collect a $2 $3.50 special prosecution clerks fee. The special prosecution clerks fee is in addition to the other fees listed in sub. (1).

SB44-SSA1, s. 2713 Section 2713. 814.635 (2) of the statutes is amended to read:

SB44-SSA1,998,20 814.635 (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer secretary of administration under s. 59.25 (3) (p).

SB44-SSA1, s. 2714 Section 2714. 814.65 (1) of the statutes is amended to read:

SB44-SSA1,999,4 814.65 (1) Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

SB44-SSA1, s. 2715 Section 2715. 814.66 (3) of the statutes is amended to read:

SB44-SSA1,999,14 814.66 (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 secretary of administration 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 66.67% of the fees to the state treasurer secretary of administration 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.

SB44-SSA1, s. 2722 Section 2722. 885.38 (2) of the statutes is amended to read:

SB44-SSA1,999,21 885.38 (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 fees imposed for the training and certification, and for the coordination, discipline, retention, and training of those interpreters. Any fees collected under this subsection shall be credited to the appropriation under s. 20.680 (2) (gc).

SB44-SSA1, s. 2725 Section 2725. 895.48 (1m) (intro.) of the statutes, as affected by 2001 Wisconsin Act 74, is amended to read:

SB44-SSA1,999,25 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c) 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB44-SSA1, s. 2725k Section 2725k. 895.55 (2) (intro.) of the statutes is amended to read:

SB44-SSA1,1000,16 895.55 (2) (intro.) Notwithstanding any provision of s. 93.57, 299.11, 299.13, 299.31, 299.41, 299.43, 299.45, 299.51, 299.53 or 299.55, subchs. II and IV of ch. 30, ch. 29, 166, 281, 283, 289, 291 or 292 or subch. II of ch. 295, or any other provision of this chapter, a person is immune from liability for damages resulting from the person's acts or omissions and for the removal costs resulting from the person's acts or omissions if all of the following conditions are met:

SB44-SSA1, s. 2726 Section 2726. 895.65 (2) of the statutes is amended to read:

SB44-SSA1,1001,2 895.65 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the department of employment relations office of state human resources management as an employer's agent.

SB44-SSA1, s. 2727 Section 2727. 938.02 (15m) of the statutes is amended to read:

SB44-SSA1,1001,10 938.02 (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).

SB44-SSA1, s. 2728 Section 2728. 938.275 (2) (d) of the statutes is amended to read:

SB44-SSA1,1001,19 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

SB44-SSA1, s. 2729 Section 2729. 938.34 (4n) (intro.) of the statutes is amended to read:

SB44-SSA1,1002,2 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility, a secured child caring institution, or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility, secured child caring institution, or secured group home:

SB44-SSA1, s. 2730 Section 2730. 938.34 (8d) (b) of the statutes is amended to read:

SB44-SSA1,1002,6 938.34 (8d) (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2731 Section 2731. 938.34 (8d) (c) of the statutes is amended to read:

SB44-SSA1,1002,14 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2732 Section 2732. 938.532 of the statutes is repealed.

SB44-SSA1, s. 2733 Section 2733. 938.538 (6m) (b) of the statutes is amended to read:

SB44-SSA1,1003,2 938.538 (6m) (b) In the selection of classified service employees for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations office of state human resources management shall provide guidelines for the administration of this selection procedure.

SB44-SSA1, s. 2737d Section 2737d. 943.13 (1e) (f) (intro.) of the statutes is amended to read:

SB44-SSA1,1003,5 943.13 (1e) (f) (intro.) "Undeveloped "Open land" means land that meets all of the following criteria:

SB44-SSA1, s. 2737e Section 2737e. 943.13 (1m) (a) of the statutes is amended to read:

SB44-SSA1,1003,9 943.13 (1m) (a) Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped open land specified in par. (e) or (f), without the express or implied consent of the owner or occupant.

SB44-SSA1, s. 2737f Section 2737f. 943.13 (1m) (e) of the statutes is amended to read:

SB44-SSA1,1003,13 943.13 (1m) (e) Enters or remains on undeveloped open land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.

SB44-SSA1, s. 2739 Section 2739. 949.02 of the statutes is amended to read:

SB44-SSA1,1003,19 949.02 Administration. The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

SB44-SSA1, s. 2740 Section 2740. 949.06 (5) of the statutes is repealed.

SB44-SSA1, s. 2743 Section 2743. 961.01 (20g) of the statutes is amended to read:

SB44-SSA1,1003,23 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 16.30 560.9801 (2).

SB44-SSA1, s. 2744 Section 2744. 961.41 (5) (b) of the statutes is amended to read:

SB44-SSA1,1004,4 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2745 Section 2745. 961.41 (5) (c) of the statutes is amended to read:

SB44-SSA1,1004,8 961.41 (5) (c) All moneys collected from drug surcharges shall be deposited by the state treasurer secretary of administration in and utilized in accordance with s. 20.435 (6) (gb).

SB44-SSA1, s. 2748 Section 2748. 972.15 (2b) of the statutes is created to read:

SB44-SSA1,1004,14 972.15 (2b) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.05 (3) (a) 1., the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible to participate in the earned release program under s. 302.05 (3).

SB44-SSA1, s. 2749 Section 2749. 973.01 (3g) of the statutes is created to read:

SB44-SSA1,1004,22 973.01 (3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.

SB44-SSA1, s. 2750 Section 2750. 973.01 (4) of the statutes is amended to read:

SB44-SSA1,1005,4 973.01 (4) No good time; extension or reduction of term of imprisonment. A person sentenced to a bifurcated sentence under sub. (1) shall serve the term of confinement in prison portion of the sentence without reduction for good behavior. The term of confinement in prison portion is subject to extension under s. 302.113 (3) and, if applicable, to reduction under s. 302.045 (3m), 302.05 (3) (c) 2. a., 302.113 (9g), or 973.195 (1r).

SB44-SSA1, s. 2751 Section 2751. 973.01 (8) (ag) of the statutes is created to read:

SB44-SSA1,1005,8 973.01 (8) (ag) If the court provides under sub. (3g) that the person is eligible to participate in the earned release program under s. 302.05 (3), the court shall also inform the person of the provisions of s. 302.05 (3) (c).

SB44-SSA1, s. 2752 Section 2752. 973.015 of the statutes is amended to read:

SB44-SSA1,1005,18 973.015 Misdemeanors, special disposition. (1) When a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

SB44-SSA1, s. 2759 Section 2759. 973.045 (2) of the statutes is amended to read:

SB44-SSA1,1005,23 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2760 Section 2760. 973.045 (3) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,1006,5 973.045 (3) (a) (intro.) The clerk shall record the crime victim and witness surcharge in 2 parts. Part A is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) and part B is the portion that the state treasurer secretary of administration shall credit to the appropriation account under s. 20.455 (5) (gc), as follows:

SB44-SSA1, s. 2761 Section 2761. 973.045 (4) of the statutes is amended to read:

SB44-SSA1,1006,11 973.045 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime victim and witness assistance surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2762 Section 2762. 973.046 (2) of the statutes is amended to read:

SB44-SSA1,1006,16 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2763 Section 2763. 973.046 (3) of the statutes is amended to read:

SB44-SSA1,1006,20 973.046 (3) All moneys collected from deoxyribonucleic acid analysis surcharges shall be deposited by the state treasurer secretary of administration as specified in s. 20.455 (2) (Lm) and utilized under s. 165.77.

SB44-SSA1, s. 2764 Section 2764. 973.046 (4) of the statutes is amended to read:

SB44-SSA1,1007,2 973.046 (4) If an inmate in a state prison or a person sentenced to a state prison has not paid the deoxyribonucleic acid analysis surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.