SB44,1016,184
767.29
(1) (dm) 1m. The department or its designee may collect any unpaid fees
5under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated
6payment and collection system on December 31, 1998, and shall deposit all fees
7collected under this subdivision in the appropriation account under s. 20.445 (3) (ja).
8The department or its designee may collect unpaid fees under this subdivision
9through income withholding under s. 767.265 (2m). If the department or its designee
10determines that income withholding is inapplicable, ineffective, or insufficient for
11the collection of any unpaid fees under this subdivision, the department or its
12designee may move the court for a remedial sanction under ch. 785. The department
13or its designee may contract with or employ a collection agency or other person for
14the collection of any unpaid fees under this subdivision and, notwithstanding s.
1520.930, may
contract with or employ retain an attorney to appear in any action in
16state or federal court to enforce the payment obligation. The department or its
17designee may not deduct the amount of unpaid fees from any maintenance, child or
18family support, or arrearage payment.
SB44, s. 2681
19Section
2681. 767.47 (6) (a) of the statutes is amended to read:
SB44,1017,420
767.47
(6) (a) Whenever the state brings the action to determine paternity
21pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4)
22(h) 1.
, or 49.45 (19), or receipt of
a stipend under s. 49.147 (3m) (g) or benefits
or wages 23under s. 49.148, 49.155,
or 49.157
or 49.159, the natural mother of the child may not
24be compelled to testify about the paternity of the child if it has been determined that
25the mother has good cause for refusing to cooperate in establishing paternity as
1provided in
42 USC 602 (a) (26) (B) and the federal regulations promulgated
2pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated
3by the department which define good cause in accordance with the federal
4regulations, as authorized by
42 USC 602 (a) (26) (B) in effect on July 1, 1981.
SB44, s. 2682
5Section
2682. 767.47 (6) (b) of the statutes is amended to read:
SB44,1017,106
767.47
(6) (b) Nothing in par. (a) prevents the state from bringing an action to
7determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b)
82., 49.19 (4) (h) 1.
, or 49.45 (19), or receipt of
a stipend under s. 49.147 (3m) (g) or 9benefits
or wages under s. 49.148, 49.155,
or 49.157
or 49.159, where evidence other
10than the testimony of the mother may establish the paternity of the child.
SB44, s. 2683
11Section
2683. 778.135 of the statutes is amended to read:
SB44,1017,21
12778.135 Campaign finance forfeitures; how recovered. Notwithstanding
13s. 778.13, whenever any action or proposed action by the elections board under s. 5.05
14(1) (c) is settled as a result of agreement between the parties without approval of the
15court, the moneys accruing to the state on account of such settlement shall be paid
16to the board and deposited with the
state treasurer
secretary of administration.
17Whenever any proposed action by a county board of election commissioners under s.
187.21 (2m) (a) is settled as a result of agreement between the parties, the moneys
19accruing to the county on account of such settlement shall be paid to the board of
20election commissioners and deposited with the county treasurer in the same manner
21as provided for forfeitures under s. 778.13.
SB44, s. 2684
22Section
2684. 778.136 of the statutes is amended to read:
SB44,1018,3
23778.136 Ethics and lobbying forfeitures; how recovered. 24Notwithstanding s. 778.13, whenever any moneys are received by the ethics board
25or attorney general in settlement of a civil action or other civil matter for violation
1of the lobbying law or code of ethics for state public officials and employees under s.
219.545, the moneys shall accrue to the state and be deposited with the
state treasurer 3secretary of administration.
SB44, s. 2685
4Section
2685. 778.17 of the statutes is amended to read:
SB44,1018,14
5778.17 Statement to county board; payment to state. Every county
6treasurer shall, on the first day of the annual meeting of the county board, submit
7to it a verified statement of all moneys received by the county treasurer during the
8year next preceding from town, village
, and city treasurers under this chapter,
9containing the names of such treasurers, the amount received from each
, and
the 10date of receipt. The county clerk shall deduct all expenses incurred by the county in
11recovering such forfeitures from the aggregate amount so received, and shall
12immediately certify to the county treasurer the amount of clear proceeds of such
13forfeitures, so ascertained, who shall pay the same to the
state treasurer secretary
14of administration.
SB44, s. 2686
15Section
2686. 779.41 (1m) of the statutes is amended to read:
SB44,1018,1916
779.41
(1m) Annually, on January 1, the department of
agriculture, trade and
17consumer protection justice shall adjust the dollar amounts identified under sub. (1)
18(intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as
19determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
SB44, s. 2687
20Section
2687. 779.93 (title) of the statutes is amended to read:
SB44,1018,22
21779.93 (title)
Duties of the department of agriculture, trade and
22consumer protection justice.
SB44, s. 2688
23Section
2688. 779.93 (1) of the statutes is amended to read:
SB44,1019,324
779.93
(1) The department of
agriculture, trade and consumer protection 25justice shall investigate violations of this subchapter and attempts to circumvent
1this subchapter. The department of
agriculture, trade and consumer protection 2justice may subpoena persons and records to facilitate its investigations, and may
3enforce compliance with such subpoenas as provided in s. 885.12.
SB44, s. 2689
4Section
2689. 779.93 (2) (intro.) of the statutes is amended to read:
SB44,1019,75
779.93
(2) (intro.) The department of
agriculture, trade and consumer
6protection justice may
in on behalf of the state or
in on behalf of any person who holds
7a prepaid maintenance lien:
SB44, s. 2690
8Section
2690. 809.25 (2) (a) 1. of the statutes is amended to read:
SB44,1019,109
809.25
(2) (a) 1. For filing an appeal, cross-appeal, petition for review, petition
10to bypass, or other proceeding,
$150 $195.
SB44, s. 2691
11Section
2691. 812.42 (2) (c) of the statutes is amended to read:
SB44,1019,1912
812.42
(2) (c) In addition to the $15 garnishee fee, the garnishee shall receive
13a $3 fee for each payment delivered to the creditor under s. 812.39 after the first
14payment. That additional fee shall be deducted from the moneys delivered to the
15creditor. Those fees become part of the funds of the state if the department of
16administration is the garnishee, or funds of the appropriate governmental
17subdivision if any other governmental entity is the garnishee. The judgment creditor
18shall pay the initial garnishee fee to the
treasurer of the state secretary of
19administration or other governmental subdivision, as applicable.
SB44, s. 2692
20Section
2692. 813.16 (7) of the statutes is amended to read:
SB44,1020,221
813.16
(7) If the person seeking the appointment of a receiver under sub. (1)
22is a
savings and loan association or savings bank supervised by the division of
23banking or a corporation supervised by the
division of savings institutions, home
24loan bank board,
U.S. federal office of thrift supervision, federal deposit insurance
25corporation
, or resolution trust corporation, the court, unless the opposing party
1objects, shall appoint an officer of such corporation as receiver to act without
2compensation and to give such bond as the court requires.
SB44, s. 2693
3Section
2693. 813.31 (1) of the statutes is amended to read:
SB44,1020,74
813.31
(1) In each case of termination of receivership as provided in s. 813.28,
5the court, except in cases where the proceedings have been certified to the proper
6court under s. 813.26 (1), shall set aside the sum there named and direct its payment
7by the receiver, to the
state treasurer secretary of administration.
SB44, s. 2694
8Section
2694. 813.31 (2) of the statutes is amended to read:
SB44,1020,109
813.31
(2) The
state treasurer secretary of administration shall retain or invest
10the funds thus paid in.
SB44, s. 2695
11Section
2695. 813.31 (3) of the statutes is amended to read:
SB44,1020,1612
813.31
(3) If at any time thereafter an absentee whose estate has been
13distributed under a final finding and judgment made as herein provided shall appear
14and make claim for reimbursement, the court may in a proceeding by the claimant
15against the
state treasurer secretary of administration order payment to the
16claimant as in its opinion may be fair and adequate under the circumstances.
SB44, s. 2696
17Section
2696. 814.60 (1) of the statutes is amended to read:
SB44,1020,2318
814.60
(1) In a criminal action, the clerk of circuit court shall collect a fee of $20
19for all necessary filing, entering
, or recording, to be paid by the defendant when
20judgment is entered against the defendant. Of the fees received by the clerk of circuit
21court under this subsection, the county treasurer shall pay 50% to the
state treasurer 22secretary of administration for deposit in the general fund and shall retain the
23balance for the use of the county.
SB44, s. 2697
24Section
2697. 814.61 (1) (a) of the statutes is amended to read:
SB44,1021,7
1814.61
(1) (a) Except as provided under pars. (c), (d)
, and (e), at the
2commencement of all civil actions and special proceedings not specified in ss. 814.62
3to 814.66, $75. Of the fees received by the clerk under this paragraph, the county
4treasurer shall pay $45 to the
state treasurer secretary of administration for deposit
5in the general fund and shall retain the balance for the use of the county. The
state
6treasurer secretary of administration shall credit $15 of the $45 to the appropriation
7under s. 20.680 (2) (j).
SB44, s. 2698
8Section
2698. 814.61 (3) of the statutes is amended to read:
SB44,1021,159
814.61
(3) Third-party complaint. When any defendant files a 3rd-party
10complaint, the defendant shall pay a fee of $45. The defendant shall pay only one
11such $45 fee in an action. Of the fees received by the clerk under this subsection, the
12county treasurer shall pay $25 to the
state treasurer
secretary of administration for
13deposit in the general fund and shall retain the balance for the use of the county. The
14state treasurer secretary of administration shall credit $5 of the $25 to the
15appropriation under s. 20.680 (2) (j).
SB44, s. 2699
16Section
2699. 814.61 (7) (a) of the statutes is amended to read:
SB44,1021,2517
814.61
(7) (a) Except as provided in par. (b), upon the filing of any petition
18under s. 767.32 (1) or any motion, by either party, for the revision of a judgment or
19order in an action affecting the family, $30. No fee may be collected under this
20paragraph for any petition or motion by either party for the revision of a judgment
21or order involving child support, family support
, or maintenance if both parties have
22stipulated to the revision of the judgment or order. Of the fees received by the clerk
23under this paragraph, the county treasurer shall pay 50% to the
state treasurer 24secretary of administration for deposit in the general fund and shall retain the
25balance for the use of the county.
SB44, s. 2700
1Section
2700. 814.61 (7) (b) of the statutes is amended to read:
SB44,1022,72
814.61
(7) (b) Upon the filing of any petition, motion
, or order to show cause
3by either party under s. 767.325 or 767.327, $50. Of the fees received by the clerk
4under this paragraph, the county treasurer shall pay 25% to the
state treasurer 5secretary of administration for deposit in the general fund, retain 25% for the use of
6the county
, and deposit 50% in a separate account to be used by the county exclusively
7for the purposes specified in s. 767.11.
SB44, s. 2701
8Section
2701. 814.61 (8) (c) of the statutes is amended to read:
SB44,1022,139
814.61
(8) (c) Of the fees received by the clerk under par. (am) 1., the county
10treasurer shall pay $22.50 to the
state treasurer
secretary of administration for
11deposit in the general fund and shall retain the balance for the use of the county. The
12state treasurer secretary of administration shall credit $5 of the $22.50 to the
13appropriation under s. 20.680 (2) (j).
SB44, s. 2702
14Section
2702. 814.61 (8) (d) of the statutes is amended to read:
SB44,1022,1815
814.61
(8) (d) Of the fees received by the clerk under par. (am) 2., the county
16treasurer shall pay $30 to the
state treasurer secretary of administration for deposit
17in the general fund and shall retain the balance for the use of the county. The state
18treasurer shall credit $5 of the $30 to the appropriation under s. 20.680 (2) (j).
SB44, s. 2703
19Section
2703. 814.61 (13) of the statutes is amended to read:
SB44,1022,2520
814.61
(13) Support or maintenance petition. For the cost of court services,
21whenever a person not receiving
a stipend under s. 49.147 (3m) (g), benefits
or wages 22under s. 49.148 or 49.155
, or aid under s. 49.19, 49.46, 49.465, 49.468
, or 49.47 files
23a petition requesting child support, maintenance
, or family support payments, $10
24in addition to any other fee required under this section. This subsection does not
25apply to a petition filed by the state or its delegate.
SB44, s. 2704
1Section
2704. 814.62 (1) of the statutes is amended to read:
SB44,1023,72
814.62
(1) Garnishment actions. The fee for commencing a garnishment action
3under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20. Of the fees received
4by the clerk under this subsection, the county treasurer shall pay $12.50 to the
state
5treasurer secretary of administration for deposit in the general fund and shall retain
6the balance for the use of the county. The
state treasurer secretary of administration 7shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).
SB44, s. 2705
8Section
2705. 814.62 (3) (d) 2. of the statutes is amended to read:
SB44,1023,139
814.62
(3) (d) 2. Of
the fees received by the clerk under par. (a), the county
10treasurer shall pay $11.80 to the
state treasurer
secretary of administration for
11deposit in the general fund and shall retain the balance for the use of the county. The
12state treasurer secretary of administration shall credit the $11.80 to the
13appropriation under s. 20.680 (2) (j).
SB44, s. 2706
14Section
2706. 814.62 (3) (d) 3. of the statutes is amended to read:
SB44,1023,1915
814.62
(3) (d) 3. Of the fees received by the clerk under par. (b), the county
16treasurer shall pay $27.20 to the
state treasurer
secretary of administration for
17deposit in the general fund and shall retain the balance for the use of the county. The
18state treasurer secretary of administration shall credit $10 of the $27.20 to the
19appropriation under s. 20.680 (2) (j).
SB44, s. 2707
20Section
2707. 814.63 (5) of the statutes is amended to read:
SB44,1023,2521
814.63
(5) Of the fees received by the clerk under sub. (1) (b), the county
22treasurer shall pay $17.50 to the
state treasurer
secretary of administration for
23deposit in the general fund and shall retain the balance for the use of the county. The
24state treasurer secretary of administration shall credit $5 of the $17.50 to the
25appropriation under s. 20.680 (2) (j).
SB44, s. 2708
1Section
2708. 814.634 (1) (a) of the statutes is amended to read:
SB44,1024,52
814.634
(1) (a) Except for an action for a safety belt use violation under s.
3347.48 (2m), the clerk of circuit court shall charge and collect a
$52 $67.60 court
4support services fee from any person, including any governmental unit as defined in
5s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
SB44, s. 2709
6Section
2709. 814.634 (1) (b) of the statutes is amended to read:
SB44,1024,117
814.634
(1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge
8and collect a
$130 $169 court support services fee from any person, including any
9governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or
10(3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and
11the amount claimed exceeds the amount under s. 799.01 (1) (d).
SB44, s. 2710
12Section
2710. 814.634 (1) (c) of the statutes is amended to read:
SB44,1024,1813
814.634
(1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge
14and collect a
$39 $50.70 court support services fee from any person, including any
15governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or
16(b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying
17the fee seeks the recovery of money and the amount claimed is equal to or less than
18the amount under s. 799.01 (1) (d).
SB44, s. 2711
19Section
2711. 814.634 (2) of the statutes is amended to read:
SB44,1024,2220
814.634
(2) The clerk shall pay the moneys collected under sub. (1) to the
21county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys
22to the
state treasurer secretary of administration under s. 59.25 (3) (p).
SB44, s. 2712
23Section
2712. 814.635 (1m) of the statutes is amended to read:
SB44,1025,224
814.635
(1m) Beginning
on October 1, 1995, whenever the clerk of circuit court
25for Milwaukee County charges and collects a fee under sub. (1), he or she shall also
1charge and collect a
$2 $3.50 special prosecution clerks fee. The special prosecution
2clerks fee is in addition to the other fees listed in sub. (1).
SB44, s. 2713
3Section
2713. 814.635 (2) of the statutes is amended to read:
SB44,1025,64
814.635
(2) The clerk shall pay the moneys collected under subs. (1) and (1m)
5to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those
6moneys to the
state treasurer secretary of administration under s. 59.25 (3) (p).
SB44, s. 2714
7Section
2714. 814.65 (1) of the statutes is amended to read:
SB44,1025,158
814.65
(1) Court costs. In a municipal court action, except an action for
9violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall
10collect a fee of not less than $15 nor more than $23 on each separate matter, whether
11it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant
12or summons
, or the action is tried as a contested matter. Of each fee received by the
13judge under this subsection, the municipal treasurer shall pay monthly $5 to the
14state treasurer secretary of administration for deposit in the general fund and shall
15retain the balance for the use of the municipality.
SB44, s. 2715
16Section
2715. 814.66 (3) of the statutes is amended to read:
SB44,1025,2517
814.66
(3) The register in probate shall, on the first Monday of each month, pay
18into the office of the county treasurer all fees collected by him or her and in his or her
19hands and still unclaimed as of that day. Each county treasurer shall make a report
20under oath to the
state treasurer secretary of administration on or before the 5th day
21of January, April, July
, and October of all fees received by him or her under sub. (1)
22(a) to (f) up to the first day of each of those months and shall at the same time pay
2366.67% of the fees to the
state treasurer secretary of administration for deposit in the
24general fund. Each county treasurer shall retain the balance of fees received by him
25or her under this section for the use of the county.
SB44, s. 2716
1Section
2716. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g)
2(a).
SB44, s. 2717
3Section
2717. 885.235 (1g) (a) 2. of the statutes is repealed.
SB44, s. 2718
4Section
2718. 885.235 (1g) (b) of the statutes is amended to read:
SB44,1026,95
885.235
(1g) (b) Except with respect to the operation of a commercial motor
6vehicle as provided in par. (d), the fact that the analysis shows that the person had
7an alcohol concentration of more than 0.04 but less than
0.1 0.08 is relevant evidence
8on the issue of intoxication or an alcohol concentration of
0.1 0.08 or more but is not
9to be given any prima facie effect.
SB44, s. 2719
10Section
2719. 885.235 (1g) (bd) of the statutes is repealed.
SB44, s. 2720
11Section
2720. 885.235 (1g) (c) of the statutes is amended to read:
SB44,1026,1712
885.235
(1g) (c)
The In cases involving persons who have 2 or fewer prior
13convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact
14that the analysis shows that the person had an alcohol concentration of
0.1 0.08 or
15more is prima facie evidence that he or she was under the influence of an intoxicant
16and is prima facie evidence that he or she had an alcohol concentration of
0.1 0.08 17or more.
SB44, s. 2721
18Section
2721. 885.235 (1g) (cd) of the statutes is repealed.
SB44, s. 2722
19Section
2722. 885.38 (2) of the statutes is amended to read:
SB44,1026,2520
885.38
(2) The supreme court shall establish the procedures and policies for the
21recruitment, training, and certification of persons to act as qualified interpreters in
22a court proceeding and
for the fees imposed for the training and certification, and for
23the coordination, discipline, retention, and training of those interpreters.
Any fees
24collected under this subsection shall be credited to the appropriation under s. 20.680
25(2) (gc).
SB44, s. 2723
1Section
2723. 885.38 (3) (a) (intro.) of the statutes is amended to read:
SB44,1027,72
885.38
(3) (a) (intro.)
In criminal proceedings and in proceedings under ch. 48,
351, 55, or 938, if If the court determines that the person has limited English
4proficiency and that an interpreter is necessary, the court shall advise the person
5that he or she has the right to a qualified interpreter
and that, if the person cannot
6afford one, an interpreter will be provided at the public's expense if the person is one
7of the following:
SB44, s. 2724
8Section
2724. 893.965 of the statutes is created to read:
SB44,1027,11
9893.965 Housing, public accommodations, and employment
10discrimination; civil remedies. (1) Housing discrimination. Any civil action
11arising under s. 106.50 (6m) is subject to the limitations of s. 106.50 (6m) (b).
SB44,1027,13
12(2) Public accommodations discrimination. Any civil action arising under s.
13106.52 (4) (e) is subject to the limitations of s. 106.52 (4) (e) 2.
SB44,1027,15
14(3) Employment discrimination. Any civil action arising under s. 111.40 is
15subject to the limitations of s. 111.40 (2).
SB44,1028,318
895.48
(1m) (intro.) Any physician or athletic trainer licensed under ch. 448,
19chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency
20medical technician licensed under s. 146.50, first responder certified under s. 146.50
21(8), physician assistant licensed under ch. 448, registered nurse licensed under ch.
22441, or a massage therapist or bodyworker issued a certificate under ch. 460 who
23renders voluntary health care to a participant in an athletic event or contest
24sponsored by a nonprofit corporation, as defined in s.
46.93 (1m) (c) 66.0129 (6) (b),
25a private school, as defined in s. 115.001 (3r), a public agency, as defined in s.
46.93
1(1m) (e) 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil
2liability for his or her acts or omissions in rendering that care if all of the following
3conditions exist: