SB40-ASA1,1513,2523 758.19 (5) (a) 1d. g. Any other circuit court costs, except costs related to
24courtroom security, including security personnel, and costs related to rent, utilities,
25maintenance, rehabilitation and construction of circuit court facilities.
SB40-ASA1, s. 2833
1Section 2833. 758.19 (5) (am) of the statutes is created to read:
SB40-ASA1,1514,72 758.19 (5) (am) The director of state courts may create a uniform chart of
3accounts that each county shall be required to use for the recording of all financial
4transactions relating to the operation of circuit courts and may audit the information
5submitted under par. (e). If the director of state courts decides to create a uniform
6chart of accounts, he or she shall consult with the department of revenue regarding
7the creation of that chart.
SB40-ASA1, s. 2834 8Section 2834. 758.19 (5) (b) (intro.) of the statutes is amended to read:
SB40-ASA1,1514,129 758.19 (5) (b) (intro.) From the appropriation appropriations under s. 20.625
10(1) (d) and (q), the director of state courts shall make payments to counties totaling
11$9,369,800 within 30 days after October 29, 1999, and
on every July 1 and January
121 thereafter, which the director of state courts shall distribute as follows:
SB40-ASA1, s. 3715m 13Section 3715m. 758.19 (5) (b) 1., 2. and 3. of the statutes are repealed and
14recreated to read:
SB40-ASA1,1514,1815 758.19 (5) (b) 1. A payment determined by dividing the number of circuit court
16branches in the county by the total number of circuit court branches in the state and
17multiplying that result by an amount equal to one-third of the total amount
18appropriated under s. 20.625 (1) (d) and (q).
SB40-ASA1,1514,2119 2. A payment determined by dividing the judicial officer need for the county by
20the total judicial need for all counties and multiplying the result by an amount equal
21to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).
SB40-ASA1,1515,222 3. A payment determined by dividing the total amount of circuit court fees,
23fines, forfeitures, and surcharges collected by the county in the previous calendar
24year by the total amount of circuit court fees, fines, forfeitures, and surcharges
25collected by all counties in the previous calendar year and multiplying that result by

1an amount equal to one-third of the total amount appropriated under s. 20.625 (1)
2(d) and (q).
SB40-ASA1, s. 2835 3Section 2835. 758.19 (5) (d) of the statutes is repealed.
SB40-ASA1, s. 2836 4Section 2836. 758.19 (5) (e) of the statutes is amended to read:
SB40-ASA1,1515,125 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 May 15, 2009,
6and no later than May 15
of each year thereafter, each county shall submit to the
7director of state courts, in a format that is established by the director of state courts,
8and in a manner that comports with the uniform chart of accounts under par. (am),
9information regarding the amount of actual circuit court costs that the county
10incurred in the previous calendar year for each of the court costs listed in par. (a) 1.
11to 8
and revenues collected or received by the circuit court in the previous calendar
12year
.
SB40-ASA1, s. 2837 13Section 2837. 758.19 (5) (f) of the statutes is amended to read:
SB40-ASA1,1515,1914 758.19 (5) (f) A county that fails to meet the requirements under par. (e) is not
15eligible for a payment under par. (b) for one fiscal year, as defined in s. 237.01 (3),
16after the July 1 May 15 that the information was not provided, or until the
17information is provided, whichever is earlier. Except as provided in this paragraph
18and par. (g), the information regarding the amount of actual costs reported under par.
19(e) does not affect the amount paid to a county under par. (b).
SB40-ASA1, s. 2838 20Section 2838. 758.19 (5) (g) of the statutes is amended to read:
SB40-ASA1,1516,921 758.19 (5) (g) Beginning with the submittal of information under par. (e) on
22July 1, 1995, if the director of state courts determines, based on the information
23submitted under par. (e), that the payment made to a county under par. (b) for any
24calendar year exceeds the circuit court costs incurred by the county for that calendar
25year, the director of state courts shall deduct the difference from the next payment

1under par. (b) made to that county after the director's determination. The difference
2shall be apportioned as provided in par. (c) among the other counties for payment
3under par. (b) to the other counties on that payment date. For purposes of this
4paragraph, the director of state courts shall treat the period beginning on August 13,
51993, and ending on December 31, 1994, as a calendar year and determine from the
6information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the
7payment to a county under par. (b) on January 1, 1994, exceeds the circuit court costs
8incurred by the county for the period beginning on August 13, 1993, and ending on
9December 31, 1994.
SB40-ASA1, s. 2839 10Section 2839. 767.001 (1d) of the statutes is amended to read:
SB40-ASA1,1516,1211 767.001 (1d) "Department" means the department of workforce development
12children and families.
SB40-ASA1, s. 2840 13Section 2840. 767.001 (2) (b) of the statutes is amended to read:
SB40-ASA1,1516,1614 767.001 (2) (b) With respect to the department of health and family services
15or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
16legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
SB40-ASA1, s. 2841 17Section 2841. 767.205 (2) (a) 3. of the statutes is amended to read:
SB40-ASA1,1516,2018 767.205 (2) (a) 3. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645,
1949.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to
20the child's custodial parent under ss. 49.141 to 49.161.
SB40-ASA1, s. 2842 21Section 2842. 767.205 (2) (a) 4. of the statutes is amended to read:
SB40-ASA1,1517,222 767.205 (2) (a) 4. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645,
2349.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or
24benefits have, in the past, been provided to the child's custodial parent under ss.

149.141 to 49.161, and the child's family is eligible for continuing child support
2services under 45 CFR 302.33.
SB40-ASA1, s. 2843 3Section 2843. 767.217 (1) of the statutes is amended to read:
SB40-ASA1,1517,114 767.217 (1) Notice of pleading or motion. In an action affecting the family in
5which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under
6s. 46.261, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving
7the opposite party with a motion or pleading requesting the court to order or to
8modify a previous order relating to child support, maintenance, or family support,
9or before filing the motion or pleading in court, serve a copy of the motion or pleading
10on the county child support agency under s. 59.53 (5) of the county in which the action
11is begun.
SB40-ASA1, s. 2844 12Section 2844. 767.407 (1) (c) 1. of the statutes is amended to read:
SB40-ASA1,1517,1713 767.407 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 48.645,
1449.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial
15parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7)
16are barred by a statute of limitations from commencing an action under s. 767.80 on
17behalf of the child.
SB40-ASA1, s. 2845 18Section 2845. 767.41 (3) (a) of the statutes is amended to read:
SB40-ASA1,1518,619 767.41 (3) (a) If the interest of any child demands it, and if the court finds that
20neither parent is able to care for the child adequately or that neither parent is fit and
21proper to have the care and custody of the child, the court may declare the child to
22be in need of protection or services and transfer legal custody of the child to a relative
23of the child, as defined in s. 48.02 (15), to a county department, as defined under s.
2448.02 (2g), or to a licensed child welfare agency , or, in a county having a population
25of 500,000 or more, the department of health and family services
. If the court

1transfers legal custody of a child under this subsection, in its order the court shall
2notify the parents of any applicable grounds for termination of parental rights under
3s. 48.415. If the court transfers legal custody under this section to an agency, the
4court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3),
5who shall conduct an inquiry under s. 48.24 to determine whether a petition should
6be filed under s. 48.13.
SB40-ASA1, s. 2846 7Section 2846 . 767.41 (3) (a) of the statutes, as affected by 2007 Wisconsin Act
8.... (this act), is amended to read:
SB40-ASA1,1518,219 767.41 (3) (a) If the interest of any child demands it, and if the court finds that
10neither parent is able to care for the child adequately or that neither parent is fit and
11proper to have the care and custody of the child, the court may declare the child to
12be in need of protection or services and transfer legal custody of the child to a relative
13of the child, as defined in s. 48.02 (15), to a county department, as defined under s.
1448.02 (2g), to a licensed child welfare agency, or, in a county having a population of
15500,000 or more, the department of health and family services children and families.
16If the court transfers legal custody of a child under this subsection, in its order the
17court shall notify the parents of any applicable grounds for termination of parental
18rights under s. 48.415. If the court transfers legal custody under this section to an
19agency, the court shall also refer the matter to the court intake worker, as defined in
20s. 48.02 (3), who shall conduct an inquiry under s. 48.24 to determine whether a
21petition should be filed under s. 48.13.
SB40-ASA1, s. 2847 22Section 2847. 767.41 (3) (am) of the statutes is created to read:
SB40-ASA1,1519,1423 767.41 (3) (am) If the court transfers legal custody of a child under this
24subsection, the order transferring custody shall include a finding that placement of
25the child in his or her home would be contrary to the welfare of the child and a finding

1that reasonable efforts have been made to prevent the removal of the child from the
2home, while assuring that the health and safety of the child are the paramount
3concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
4applies. If the legal custodian appointed under par. (a) is a county department, the
5court shall order the child into the placement and care responsibility of the county
6department as required under 42 USC 672 (a) (2) and shall assign the county
7department primary responsibility for providing services to the child. The court
8shall make the findings specified in this paragraph on a case-by-case basis based
9on circumstances specific to the child and shall document or reference the specific
10information on which those findings are based in the court order. A court order that
11merely references this paragraph without documenting or referencing that specific
12information in the court order or an amended court order that retroactively corrects
13an earlier court order that does not comply with this paragraph is not sufficient to
14comply with this paragraph.
SB40-ASA1, s. 2848 15Section 2848. 767.451 (7) of the statutes is amended to read:
SB40-ASA1,1519,2016 767.451 (7) Transfer to department. The court may order custody transferred
17to the department of health and family services only if that department agrees to
18accept custody. If the court orders custody transferred to the department of health
19and family services, the order transferring custody shall include the findings and
20order specified in s. 767.41 (3) (am).
SB40-ASA1, s. 2849 21Section 2849 . 767.451 (7) of the statutes, as affected by 2007 Wisconsin Act
22.... (this act), is amended to read:
SB40-ASA1,1520,223 767.451 (7) Transfer to department. The court may order custody transferred
24to the department of health and family services only if that the department agrees
25to accept custody. If the court orders custody transferred to the department of health

1and family services
, the order transferring custody shall include the findings and
2order specified in s. 767.41 (3) (am).
SB40-ASA1, s. 2850 3Section 2850. 767.521 (intro.) of the statutes is amended to read:
SB40-ASA1,1520,9 4767.521 Action by state for child support. (intro.) The state or its delegate
5under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001
6(1) (f) or for paternity determination and child support under s. 767.80 if the child's
7right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b)
82., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 (2) (bm) and all of the
9following apply:
SB40-ASA1, s. 2851 10Section 2851. 767.55 (3) (a) 2. of the statutes is amended to read:
SB40-ASA1,1520,1211 767.55 (3) (a) 2. The child's right to support is assigned to the state under s.
1246.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b.
SB40-ASA1, s. 2852 13Section 2852. 767.57 (1e) (title) of the statutes is amended to read:
SB40-ASA1,1520,1414 767.57 (1e) (title) Receiving and disbursing fee fees.
SB40-ASA1, s. 2853 15Section 2853 . 767.57 (1e) (a) of the statutes is amended to read:
SB40-ASA1,1521,416 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or
17family support payments, including payments in arrears, and for maintaining the
18records required under par. (c) sub. (1) (c), the department or its designee shall collect
19an annual fee of $35 $65 from a party ordered to make payments. The court shall
20order each party ordered to make payments to pay the fee in each year for which
21payments are ordered or in which an arrearage in any of those payments is owed.
22In directing the manner of payment, the court shall order that the fee be withheld
23from income and sent to the department or its designee, as provided under s. 767.75.
24Fees under this paragraph shall be deposited in the appropriation account under s.
2520.445 (3) (ja). At the time of ordering payment of the fee, the court shall notify each

1party ordered to make payments of the requirement to pay, and the amount of, the
2fee. If the fee under this paragraph is not paid when due, the department or its
3designee may not deduct the fee from any maintenance, child or family support, or
4arrearage payment, but may move the court for a remedial sanction under ch. 785.
SB40-ASA1, s. 2854 5Section 2854 . 767.57 (1e) (a) of the statutes, as affected by 2007 Wisconsin Act
6.... (this act), is amended to read:
SB40-ASA1,1521,207 767.57 (1e) (a) For receiving and disbursing maintenance, child support, or
8family support payments, including payments in arrears, and for maintaining the
9records required under sub. (1) (c), the department or its designee shall collect an
10annual fee of $65 from a party ordered to make payments. The court shall order each
11party ordered to make payments to pay the fee in each year for which payments are
12ordered or in which an arrearage in any of those payments is owed. In directing the
13manner of payment, the court shall order that the fee be withheld from income and
14sent to the department or its designee, as provided under s. 767.75. Fees under this
15paragraph shall be deposited in the appropriation account under s. 20.445 (3) 20.437
16(2)
(ja). At the time of ordering payment of the fee, the court shall notify each party
17ordered to make payments of the requirement to pay, and the amount of, the fee. If
18the fee under this paragraph is not paid when due, the department or its designee
19may not deduct the fee from any maintenance, child or family support, or arrearage
20payment, but may move the court for a remedial sanction under ch. 785.
SB40-ASA1, s. 2855 21Section 2855. 767.57 (1e) (b) 1m. of the statutes is amended to read:
SB40-ASA1,1522,1122 767.57 (1e) (b) 1m. The department or its designee may collect any unpaid fees
23under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated
24payment and collection system on December 31, 1998, and shall deposit all fees
25collected under this subdivision in the appropriation account under s. 20.445 (3)

120.437 (2) (ja). The department or its designee may collect unpaid fees under this
2subdivision through income withholding under s. 767.75 (2m). If the department or
3its designee determines that income withholding is inapplicable, ineffective, or
4insufficient for the collection of any unpaid fees under this subdivision, the
5department or its designee may move the court for a remedial sanction under ch. 785.
6The department or its designee may contract with or employ a collection agency or
7other person for the collection of any unpaid fees under this subdivision and,
8notwithstanding s. 20.930, may contract with or employ an attorney to appear in any
9action in state or federal court to enforce the payment obligation. The department
10or its designee may not deduct the amount of unpaid fees from any maintenance,
11child or family support, or arrearage payment.
SB40-ASA1, s. 2856 12Section 2856. 767.57 (1e) (c) of the statutes is created to read:
SB40-ASA1,1522,1813 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25
14from every individual receiving child support or family support payments. In
15applicable cases, the fee shall comply with all requirements under 42 USC 654 (6)
16(B). The department or its designee may deduct the fee from maintenance, child or
17family support, or arrearage payments. Fees collected under this paragraph shall
18be deposited in the appropriation account under s. 20.445 (3) (ja).
SB40-ASA1, s. 3737d 19Section 3737d. 767.57 (1e) (c) of the statutes, as created by 2007 Wisconsin
20Act .... (this act), is amended to read:
SB40-ASA1,1523,221 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25
22from every individual receiving child support or family support payments. In
23applicable cases, the fee shall comply with all requirements under 42 USC 654 (6)
24(B). The department or its designee may deduct the fee from maintenance, child or

1family support, or arrearage payments. Fees collected under this paragraph shall
2be deposited in the appropriation account under s. 20.445 (3) 20.437 (2) (ja).
SB40-ASA1, s. 2857 3Section 2857. 767.57 (1m) (c) of the statutes is amended to read:
SB40-ASA1,1523,84 767.57 (1m) (c) The party entitled to the support or maintenance money or a
5minor child of the party has applied for or is receiving aid under s. 46.261 48.645 or
6public assistance under ch. 49 and there is an assignment to the state under s. 46.261
748.645 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance
8money.
SB40-ASA1, s. 2858 9Section 2858. 767.57 (2) of the statutes is amended to read:
SB40-ASA1,1524,410 767.57 (2) Procedure if recipient on public assistance. If a party entitled to
11maintenance or support, or both, is receiving public assistance under ch. 49, the
12party may assign the party's right to support or maintenance to the county
13department under s. 46.215, 46.22, or 46.23 granting the assistance. The assignment
14shall be approved by order of the court granting the maintenance or support. The
15assignment may not be terminated if there is a delinquency in the amount to be paid
16to the assignee of maintenance and support previously ordered without the written
17consent of the assignee or upon notice to the assignee and a hearing. When an
18assignment of maintenance or support, or both, has been approved by the order, the
19assignee shall be deemed a real party in interest within s. 803.01 solely for the
20purpose of securing payment of unpaid maintenance or support ordered to be paid,
21by participating in proceedings to secure the payment of unpaid amounts.
22Notwithstanding assignment under this subsection, and without further order of the
23court, the department or its designee, upon receiving notice that a party or a minor
24child of the parties is receiving aid under s. 46.261 48.645 or public assistance under
25ch. 49 or that a kinship care relative or long-term kinship care relative of the minor

1child is receiving kinship care payments or long-term kinship care payments for the
2minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2.
3or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261
4(3),
48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19).
SB40-ASA1, s. 2859 5Section 2859. 767.57 (4) of the statutes is amended to read:
SB40-ASA1,1524,146 767.57 (4) Procedure for certain child recipients. If an order or judgment
7providing for the support of one or more children not receiving aid under s. 46.261,
848.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the
9beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, any support
10payment made under the order or judgment is assigned to the state under s. 46.261
11(3),
48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that
12is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or
13(3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a
14party.
SB40-ASA1, s. 2860 15Section 2860. 767.59 (1c) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1524,2116 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either
17of the parties, the department, a county department under s. 46.215, 46.22, or 46.23,
18or a county child support agency under s. 59.53 (5) if an assignment has been made
19under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19)
20or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or
2148.645
or ch. 49, a court may, except as provided in par. (b), do any of the following:
SB40-ASA1, s. 2861 22Section 2861. 767.59 (1f) (b) 4. of the statutes is amended to read:
SB40-ASA1,1525,323 767.59 (1f) (b) 4. A difference between the amount of child support ordered by
24the court to be paid by the payer and the amount that the payer would have been
25required to pay based on the percentage standard established by the department

1under s. 49.22 (9) if the court did not use the percentage standard in determining the
2child support payments and did not provide the information required under s. 46.10
3(14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.
SB40-ASA1, s. 2862 4Section 2862. 767.59 (2) (c) of the statutes is amended to read:
SB40-ASA1,1525,95 767.59 (2) (c) If the court revises a judgment or order providing for child support
6that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4),
7938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child
8support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is
9applicable.
SB40-ASA1, s. 2863 10Section 2863. 767.59 (2s) of the statutes is amended to read:
SB40-ASA1,1525,1611 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c),
12the court may not approve a stipulation for the revision of a judgment or order with
13respect to an amount of child support or family support unless the stipulation
14provides for payment of an amount of child support or family support that is
15determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14),
16767.511, 767.805 (4), or 767.89, whichever is appropriate.
SB40-ASA1, s. 2864 17Section 2864. 767.87 (2m) of the statutes is amended to read:
SB40-ASA1,1525,2118 767.87 (2m) Admissibility of certain medical and genetic information.
19Medical and genetic information filed with the department of health and family
20services
or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the
21paternity of the child.
SB40-ASA1, s. 2865 22Section 2865. 767.87 (6) (a) of the statutes is amended to read:
SB40-ASA1,1526,723 767.87 (6) (a) Whenever the state brings the action to determine paternity
24pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3),
2549.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157,

1or 49.159, the natural mother of the child may not be compelled to testify about the
2paternity of the child if it has been determined that the mother has good cause for
3refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B)
4and the federal regulations promulgated pursuant to this statute, as of July 1, 1981,
5and pursuant to any rules promulgated by the department which define good cause
6in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B)
7in effect on July 1, 1981.
SB40-ASA1, s. 3746h 8Section 3746h. 767.89 (2) of the statutes is renumbered 767.89 (2) (a).
SB40-ASA1, s. 3746i 9Section 3746i. 767.89 (2) (b) of the statutes is created to read:
SB40-ASA1,1526,1310 767.89 (2) (b) If the clerk of court or county child support agency is unable to
11collect any of the following fees under par. (a), the department shall pay the fee and
12may not require the county or county child support agency to reimburse the
13department for the cost:
SB40-ASA1,1526,1514 1. A fee for omitting the father's name on a birth certificate under s. 69.15 (3)
15(a) 1.
SB40-ASA1,1526,1716 2. A fee for changing the father's name on a birth certificate under s. 69.15 (3)
17(a) 2.
SB40-ASA1,1526,1918 3. A fee for inserting the father's name on a birth certificate under s. 69.15 (3)
19(a) 3.
SB40-ASA1, s. 2866 20Section 2866. 769.201 (7) of the statutes is amended to read:
SB40-ASA1,1526,2421 769.201 (7) The individual asserted parentage in a declaration of paternal
22interest filed with the department of health and family services children and families
23under s. 48.025 or in a statement acknowledging paternity filed with the state
24registrar under s. 69.15 (3) (b) 1. or 3.
SB40-ASA1, s. 2867 25Section 2867. 769.31 (1) of the statutes is amended to read:
SB40-ASA1,1527,2
1769.31 (1) The department of workforce development children and families is
2the state information agency under this chapter.
SB40-ASA1, s. 2868 3Section 2868. 801.02 (1) of the statutes is amended to read:
SB40-ASA1,1527,84 801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a
5personal judgment is sought is commenced as to any defendant when a summons and
6a complaint naming the person as defendant are filed with the court, provided service
7of an authenticated copy of the summons and of the complaint is made upon the
8defendant under this chapter within 90 days after filing.
SB40-ASA1, s. 2869 9Section 2869. 803.03 (2) (c) of the statutes is amended to read:
SB40-ASA1,1527,1710 803.03 (2) (c) Scheduling and pretrial conferences. At the scheduling
11conference and pretrial conference, the judge to whom the case has been assigned
12shall inquire concerning the existence of and joinder of persons with subrogated,
13derivative or assigned rights and shall make such orders as are necessary to
14effectuate the purposes of this section. If the case is an action to recover damages
15based on alleged criminally injurious conduct, the court shall inquire to see if an
16award has been made under subch. I of ch. 949 and if the department of justice is
17subrogated to the cause of action under s. 949.15.
SB40-ASA1, s. 2870 18Section 2870. 803.09 (1) and (2) of the statutes are amended to read:
SB40-ASA1,1527,2419 803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone
20shall be permitted to intervene in an action when the movant claims an interest
21relating to the property or transaction which is the subject of the action and the
22movant is so situated that the disposition of the action may as a practical matter
23impair or impede the movant's ability to protect that interest, unless the movant's
24interest is adequately represented by existing parties.
SB40-ASA1,1528,9
1(2) Upon Except as provided in s. 20.931, upon timely motion anyone may be
2permitted to intervene in an action when a movant's claim or defense and the main
3action have a question of law or fact in common. When a party to an action relies for
4ground of claim or defense upon any statute or executive order or rule administered
5by a federal or state governmental officer or agency or upon any regulation, order,
6rule, requirement or agreement issued or made pursuant to the statute or executive
7order, the officer or agency upon timely motion may be permitted to intervene in the
8action. In exercising its discretion the court shall consider whether the intervention
9will unduly delay or prejudice the adjudication of the rights of the original parties.
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