SB44: Bill Text

SB44,1009,2 (2) The health care provider availability and cost control fund shall be administered by the commissioner.

SB44,1009,5 (3) The health care provider availability and cost control fund shall be funded with the transfer of moneys from the patients compensation fund under 2003 Wisconsin Act .... (this act), section 9228 (1 ).

SB44, s. 2658 Section 2658. 704.05 (5) (a) 2. of the statutes is amended to read:

SB44,1009,20 704.05 (5) (a) 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personal property by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) 20.143 (2) (h).

SB44, s. 2659 Section 2659. 704.90 (9) of the statutes is amended to read:

SB44,1009,24 704.90 (9) Rules. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.

SB44, s. 2660 Section 2660. 704.90 (11) (title) of the statutes is amended to read:

SB44,1010,2 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44, s. 2661 Section 2661. 704.90 (11) (a) of the statutes is amended to read:

SB44,1010,8 704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

SB44, s. 2662 Section 2662. 707.49 (4) of the statutes is amended to read:

SB44,1010,18 707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.

SB44, s. 2663 Section 2663. 707.57 (2) of the statutes is amended to read:

SB44,1011,3 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

SB44,1011,6 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

SB44, s. 2664 Section 2664. 707.57 (3) of the statutes is amended to read:

SB44,1011,12 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.

SB44, s. 2665 Section 2665. 753.061 (5) of the statutes is amended to read:

SB44,1011,22 753.061 (5) The state shall reimburse the county for the costs of operating one of the 2 circuit court branches designated under sub. (2m) that begin to primarily handle violent crime cases on September 1, 1991, including the one-time cost of courtroom construction. The costs reimbursable under this subsection shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts and shall be paid from the appropriation under s. 20.625 (1) (as). The amount reimbursable under this subsection may not exceed $383,100 in the 1991-92 fiscal year and $0 in the 1992-93 fiscal year.

SB44, s. 2666 Section 2666. 753.07 (2) (a) of the statutes is amended to read:

SB44,1012,6 753.07 (2) (a) The persons shall continue to receive salaries directly payable from the state in the same amount as they were receiving on July 31, 1978, and such salaries are subject to s. 40.05. The balance of the salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid are subject to the retirement system established under chapter 201, laws of 1937.

SB44, s. 2667 Section 2667. 753.07 (3) (a) of the statutes is amended to read:

SB44,1012,13 753.07 (3) (a) The salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

SB44, s. 2668 Section 2668. 753.07 (4) of the statutes is amended to read:

SB44,1013,2 753.07 (4) Court personnel; options. As state employees, county court judges, county court reporters, and assistant county court reporters, as specified in sub. (1), who are denominated or become circuit court judges and reporters on August 1, 1978, and persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of remaining as participants under county life and health insurance programs to the extent of their participation in such programs on February 1, 1978. The state treasurer secretary of administration shall semiannually pay to the county treasurer, pursuant to a voucher submitted by the clerk of circuit court to the director of state courts, an amount equal to the state contribution for life and health insurance for other comparable state employees. The county shall pay the cost of any premiums for life and health insurance exceeding the sum of the state contribution and the employee contribution as required under the county programs.

SB44, s. 2669 Section 2669. 757.05 (1) (b) of the statutes is amended to read:

SB44,1013,8 757.05 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, 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, s. 2670 Section 2670. 757.05 (1) (c) of the statutes is amended to read:

SB44,1013,14 757.05 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44, s. 2671 Section 2671. 757.05 (1) (d) of the statutes is amended to read:

SB44,1013,21 757.05 (1) (d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this subsection for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer secretary of administration under this subsection. If bail is returned, the assessment shall also be returned.

SB44, s. 2672 Section 2672. 758.19 (7) of the statutes is amended to read:

SB44,1014,9 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the department of electronic government secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.

SB44, s. 2673 Section 2673. 767.027 (1) (intro.) of the statutes is amended to read:

SB44,1014,14 767.027 (1) (intro.) In any action under s. 767.02 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied to the extent that the court finds all of the following:

SB44, s. 2674 Section 2674. 767.045 (1) (c) 1. of the statutes is amended to read:

SB44,1014,20 767.045 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 on behalf of the child, or wages or a stipend are paid to or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

SB44, s. 2675 Section 2675 . 767.075 (1) (c) of the statutes is amended to read:

SB44,1014,24 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under s. 49.79 or under ss. 49.141 to 49.161.

SB44, s. 2676 Section 2676 . 767.075 (1) (c) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,1015,6 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 is provided on behalf of a dependent child or wages or a stipend are paid to or benefits are provided to the child's custodial parent under s. 49.79 or under ss. 49.141 to 49.161.

SB44, s. 2677 Section 2677. 767.075 (1) (cm) of the statutes is amended to read:

SB44,1015,12 767.075 (1) (cm) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or wages or a stipend have, in the past, been paid to or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

SB44, s. 2678 Section 2678. 767.15 (1) of the statutes is amended to read:

SB44,1015,21 767.15 (1) In any action affecting the family in which either party is a recipient of wages, a stipend, or benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19, or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or circuit court commissioner to order, or to modify a previous order, relating to child support, maintenance, or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support agency under s. 59.53 (5) of the county in which the action is begun.

SB44, s. 2679 Section 2679. 767.24 (6) (c) of the statutes is amended to read:

SB44,1016,2 767.24 (6) (c) In making an order of joint legal custody and periods of physical placement, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purpose of determining eligibility for aid under s. 49.19 or wages, a stipend, or benefits under ss. 49.141 to 49.161 or for any other purpose the court considers appropriate.

SB44, s. 2680 Section 2680. 767.29 (1) (dm) 1m. of the statutes is amended to read:

SB44,1016,18 767.29 (1) (dm) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.265 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ retain an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.

SB44, s. 2681 Section 2681. 767.47 (6) (a) of the statutes is amended to read:

SB44,1017,4 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19), or receipt of a stipend under s. 49.147 (3m) (g) or benefits or wages under s. 49.148, 49.155, or 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB44, s. 2682 Section 2682. 767.47 (6) (b) of the statutes is amended to read:

SB44,1017,10 767.47 (6) (b) Nothing in par. (a) prevents the state from bringing an action to determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19), or receipt of a stipend under s. 49.147 (3m) (g) or benefits or wages under s. 49.148, 49.155, or 49.157 or 49.159, where evidence other than the testimony of the mother may establish the paternity of the child.

SB44, s. 2683 Section 2683. 778.135 of the statutes is amended to read:

SB44,1017,21 778.135 Campaign finance forfeitures; how recovered. Notwithstanding s. 778.13, whenever any action or proposed action by the elections board under s. 5.05 (1) (c) is settled as a result of agreement between the parties without approval of the court, the moneys accruing to the state on account of such settlement shall be paid to the board and deposited with the state treasurer secretary of administration. Whenever any proposed action by a county board of election commissioners under s. 7.21 (2m) (a) is settled as a result of agreement between the parties, the moneys accruing to the county on account of such settlement shall be paid to the board of election commissioners and deposited with the county treasurer in the same manner as provided for forfeitures under s. 778.13.

SB44, s. 2684 Section 2684. 778.136 of the statutes is amended to read:

SB44,1018,3 778.136 Ethics and lobbying forfeitures; how recovered. Notwithstanding s. 778.13, whenever any moneys are received by the ethics board or attorney general in settlement of a civil action or other civil matter for violation of the lobbying law or code of ethics for state public officials and employees under s. 19.545, the moneys shall accrue to the state and be deposited with the state treasurer secretary of administration.

SB44, s. 2685 Section 2685. 778.17 of the statutes is amended to read:

SB44,1018,14 778.17 Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board, submit to it a verified statement of all moneys received by the county treasurer during the year next preceding from town, village, and city treasurers under this chapter, containing the names of such treasurers, the amount received from each, and the date of receipt. The county clerk shall deduct all expenses incurred by the county in recovering such forfeitures from the aggregate amount so received, and shall immediately certify to the county treasurer the amount of clear proceeds of such forfeitures, so ascertained, who shall pay the same to the state treasurer secretary of administration.

SB44, s. 2686 Section 2686. 779.41 (1m) of the statutes is amended to read:

SB44,1018,19 779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.

SB44, s. 2687 Section 2687. 779.93 (title) of the statutes is amended to read:

SB44,1018,22 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44, s. 2688 Section 2688. 779.93 (1) of the statutes is amended to read:

SB44,1019,3 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

SB44, s. 2689 Section 2689. 779.93 (2) (intro.) of the statutes is amended to read:

SB44,1019,7 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:

SB44, s. 2690 Section 2690. 809.25 (2) (a) 1. of the statutes is amended to read:

SB44,1019,10 809.25 (2) (a) 1. For filing an appeal, cross-appeal, petition for review, petition to bypass, or other proceeding, $150 $195.

SB44, s. 2691 Section 2691. 812.42 (2) (c) of the statutes is amended to read:

SB44,1019,19 812.42 (2) (c) In addition to the $15 garnishee fee, the garnishee shall receive a $3 fee for each payment delivered to the creditor under s. 812.39 after the first payment. That additional fee shall be deducted from the moneys delivered to the creditor. Those fees become part of the funds of the state if the department of administration is the garnishee, or funds of the appropriate governmental subdivision if any other governmental entity is the garnishee. The judgment creditor shall pay the initial garnishee fee to the treasurer of the state secretary of administration or other governmental subdivision, as applicable.

SB44, s. 2692 Section 2692. 813.16 (7) of the statutes is amended to read:

SB44,1020,2 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking or a corporation supervised by the division of savings institutions, home loan bank board, U.S. federal office of thrift supervision, federal deposit insurance corporation, or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

SB44, s. 2693 Section 2693. 813.31 (1) of the statutes is amended to read:

SB44,1020,7 813.31 (1) In each case of termination of receivership as provided in s. 813.28, the court, except in cases where the proceedings have been certified to the proper court under s. 813.26 (1), shall set aside the sum there named and direct its payment by the receiver, to the state treasurer secretary of administration.

SB44, s. 2694 Section 2694. 813.31 (2) of the statutes is amended to read:

SB44,1020,10 813.31 (2) The state treasurer secretary of administration shall retain or invest the funds thus paid in.

SB44, s. 2695 Section 2695. 813.31 (3) of the statutes is amended to read:

SB44,1020,16 813.31 (3) If at any time thereafter an absentee whose estate has been distributed under a final finding and judgment made as herein provided shall appear and make claim for reimbursement, the court may in a proceeding by the claimant against the state treasurer secretary of administration order payment to the claimant as in its opinion may be fair and adequate under the circumstances.

SB44, s. 2696 Section 2696. 814.60 (1) of the statutes is amended to read:

SB44,1020,23 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $20 for all necessary filing, entering, or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, 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, s. 2697 Section 2697. 814.61 (1) (a) of the statutes is amended to read:

SB44,1021,7 814.61 (1) (a) Except as provided under pars. (c), (d), and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 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 $15 of the $45 to the appropriation under s. 20.680 (2) (j).

SB44, s. 2698 Section 2698. 814.61 (3) of the statutes is amended to read:

SB44,1021,15 814.61 (3) Third-party complaint. When any defendant files a 3rd-party complaint, the defendant shall pay a fee of $45. The defendant shall pay only one such $45 fee in an action. Of the fees received by the clerk under this subsection, the county treasurer shall pay $25 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 $25 to the appropriation under s. 20.680 (2) (j).

SB44, s. 2699 Section 2699. 814.61 (7) (a) of the statutes is amended to read:

SB44,1021,25 814.61 (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, s. 2700 Section 2700. 814.61 (7) (b) of the statutes is amended to read: