SB44: Bill Text

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:

SB44,1022,7 814.61 (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, s. 2701 Section 2701. 814.61 (8) (c) of the statutes is amended to read:

SB44,1022,13 814.61 (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, s. 2702 Section 2702. 814.61 (8) (d) of the statutes is amended to read:

SB44,1022,18 814.61 (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, s. 2703 Section 2703. 814.61 (13) of the statutes is amended to read:

SB44,1022,25 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving a stipend under s. 49.147 (3m) (g), benefits or wages under s. 49.148 or 49.155, or aid under s. 49.19, 49.46, 49.465, 49.468, or 49.47 files a petition requesting child support, maintenance, or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

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

SB44,1023,7 814.62 (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, s. 2705 Section 2705. 814.62 (3) (d) 2. of the statutes is amended to read:

SB44,1023,13 814.62 (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, s. 2706 Section 2706. 814.62 (3) (d) 3. of the statutes is amended to read:

SB44,1023,19 814.62 (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, s. 2707 Section 2707. 814.63 (5) of the statutes is amended to read:

SB44,1023,25 814.63 (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, s. 2708 Section 2708. 814.634 (1) (a) of the statutes is amended to read:

SB44,1024,5 814.634 (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 $67.60 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, s. 2709 Section 2709. 814.634 (1) (b) of the statutes is amended to read:

SB44,1024,11 814.634 (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, s. 2710 Section 2710. 814.634 (1) (c) of the statutes is amended to read:

SB44,1024,18 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $39 $50.70 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, s. 2711 Section 2711. 814.634 (2) of the statutes is amended to read:

SB44,1024,22 814.634 (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, s. 2712 Section 2712. 814.635 (1m) of the statutes is amended to read:

SB44,1025,2 814.635 (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, s. 2713 Section 2713. 814.635 (2) of the statutes is amended to read:

SB44,1025,6 814.635 (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, s. 2714 Section 2714. 814.65 (1) of the statutes is amended to read:

SB44,1025,15 814.65 (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, s. 2715 Section 2715. 814.66 (3) of the statutes is amended to read:

SB44,1025,25 814.66 (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, s. 2716 Section 2716. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).

SB44, s. 2717 Section 2717. 885.235 (1g) (a) 2. of the statutes is repealed.

SB44, s. 2718 Section 2718. 885.235 (1g) (b) of the statutes is amended to read:

SB44,1026,9 885.235 (1g) (b) Except with respect to the operation of a commercial motor vehicle as provided in par. (d), the fact that the analysis shows that the person had an alcohol concentration of more than 0.04 but less than 0.1 0.08 is relevant evidence on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not to be given any prima facie effect.

SB44, s. 2719 Section 2719. 885.235 (1g) (bd) of the statutes is repealed.

SB44, s. 2720 Section 2720. 885.235 (1g) (c) of the statutes is amended to read:

SB44,1026,17 885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08 or more.

SB44, s. 2721 Section 2721. 885.235 (1g) (cd) of the statutes is repealed.

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

SB44,1026,25 885.38 (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, s. 2723 Section 2723. 885.38 (3) (a) (intro.) of the statutes is amended to read:

SB44,1027,7 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that 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:

SB44, s. 2724 Section 2724. 893.965 of the statutes is created to read:

SB44,1027,11 893.965 Housing, public accommodations, and employment discrimination; civil remedies. (1) Housing discrimination. Any civil action arising under s. 106.50 (6m) is subject to the limitations of s. 106.50 (6m) (b).

SB44,1027,13 (2) Public accommodations discrimination. Any civil action arising under s. 106.52 (4) (e) is subject to the limitations of s. 106.52 (4) (e) 2.

SB44,1027,15 (3) Employment discrimination. Any civil action arising under s. 111.40 is subject to the limitations of s. 111.40 (2).

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

SB44,1028,3 895.48 (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, s. 2726 Section 2726. 895.65 (2) of the statutes is amended to read:

SB44,1028,14 895.65 (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 administration as an employer's agent.