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.
SB40-ASA1, s. 2871 10Section 2871. 804.01 (2) (intro.) of the statutes is amended to read:
SB40-ASA1,1528,1311 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.931
12(9), and unless
otherwise limited by order of the court in accordance with the
13provisions of this chapter, the scope of discovery is as follows:
SB40-ASA1, s. 2872 14Section 2872. 805.04 (1) of the statutes is amended to read:
SB40-ASA1,1528,2215 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an
16action may be dismissed by the plaintiff without order of court by serving and filing
17a notice of dismissal at any time before service by an adverse party of responsive
18pleading or motion or by the filing of a stipulation of dismissal signed by all parties
19who have appeared in the action. Unless otherwise stated in the notice of dismissal
20or stipulation, the dismissal is not on the merits, except that a notice of dismissal
21operates as an adjudication on the merits when filed by a plaintiff who has once
22dismissed in any court an action based on or including the same claim.
SB40-ASA1, s. 2873 23Section 2873. 805.04 (2m) of the statutes is created to read:
SB40-ASA1,1529,224 805.04 (2m) False claims. An action filed under s. 20.931 may be dismissed
25only by order of the court. In determining whether to dismiss the action filed under

1s. 20.931, the court shall take into account the best interests of the parties and the
2purposes of s. 20.931.
SB40-ASA1, s. 2874 3Section 2874. 806.025 (2) (am) of the statutes is amended to read:
SB40-ASA1,1529,74 806.025 (2) (am) If money remains after the payment of all unpaid orders and
5judgments under par. (a), order reimbursement to the department of justice for an
6award made under subch. I of ch. 949 for which the department is subrogated under
7s. 949.15.
SB40-ASA1, s. 2875 8Section 2875. 809.105 (13) of the statutes is amended to read:
SB40-ASA1,1529,179 809.105 (13) Certain persons barred from proceedings. No parent, or
10guardian or legal custodian, if one has been appointed, or foster parent or treatment
11foster parent, if the minor has been placed in a foster home or treatment foster home,
12and the minor's parent has signed a waiver granting the department of health and
13family services
children and families, a county department under s. 46.215, 46.22,
14or 46.23, the foster parent or the treatment foster parent the authority to consent to
15medical services or treatment on behalf of the minor, or adult family member, as
16defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this
17section may attend or intervene in any proceeding under this section.
SB40-ASA1, s. 2876 18Section 2876. 809.30 (2) (d) of the statutes is amended to read:
SB40-ASA1,1530,219 809.30 (2) (d) Indigency redetermination. Except as provided in this
20paragraph, whenever a person whose trial counsel is appointed by the state public
21defender files a notice under par. (b) requesting public defender representation for
22purposes of postconviction or postdisposition relief, the prosecutor may, within 5
23days after the notice is served and filed, file in the circuit court and serve upon the
24state public defender a request that the person's indigency be redetermined before
25counsel is appointed or transcripts are requested. This paragraph does not apply to

1a child or juvenile person who is entitled to be represented by counsel under s. 48.23,
251.60 (1), 55.105,
or 938.23.
SB40-ASA1, s. 2877 3Section 2877. 813.12 (5) (b) of the statutes is amended to read:
SB40-ASA1,1530,54 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms
5provided under s. 46.95 49.165 (3) (c) to help a person file a petition.
SB40-ASA1, s. 2878 6Section 2878. 813.122 (6) (b) of the statutes is amended to read:
SB40-ASA1,1530,87 813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without
8cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.
SB40-ASA1, s. 2879 9Section 2879. 814.61 (13) of the statutes is amended to read:
SB40-ASA1,1530,1510 814.61 (13) Support or maintenance petition. For the cost of court services,
11whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s.
1249.19, 49.46, 49.465, 49.468 or, 49.47 , or 49.471 files a petition requesting child
13support, maintenance or family support payments, $10 in addition to any other fee
14required under this section. This subsection does not apply to a petition filed by the
15state or its delegate.
SB40-ASA1, s. 2880 16Section 2880. 814.69 (1) (a) of the statutes is amended to read:
SB40-ASA1,1530,2017 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per
1825-line page for the original and 50 cents per 25-line page for the duplicate. Except
19as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the
20certificate of the clerk of court.
SB40-ASA1, s. 2881 21Section 2881. 814.75 (22m) of the statutes is amended to read:
SB40-ASA1,1530,2322 814.75 (22m) The supplemental food enforcement surcharge under s. 253.06
2349.17 (4) (c).
SB40-ASA1, s. 2882 24Section 2882. 814.76 (15m) of the statutes is amended to read:
SB40-ASA1,1531,2
1814.76 (15m) The supplemental food enforcement surcharge under s. 253.06
249.17 (4) (c).
SB40-ASA1, s. 2883 3Section 2883. 814.80 (11) of the statutes is amended to read:
SB40-ASA1,1531,54 814.80 (11) The supplemental food enforcement surcharge under s. 253.06
549.17 (4) (c).
SB40-ASA1, s. 2884 6Section 2884. 859.07 (2) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1531,127 859.07 (2) (a) (intro.) The personal representative shall provide notice of the
8date set under s. 859.01 to the department of health and family services , the
9department of children and families,
or the department of corrections, as applicable,
10and to the county clerk of the decedent's county of residence, as defined in s. 49.001
11(6) if, at any time prior to or at the time of the decedent's death, any of the following
12applied:
SB40-ASA1, s. 2885 13Section 2885. 859.07 (2) (a) 2. of the statutes is amended to read:
SB40-ASA1,1531,1614 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the
15state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18),
16301.12, or 938.36.
SB40-ASA1, s. 2886 17Section 2886. 859.15 of the statutes is amended to read:
SB40-ASA1,1531,23 18859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11),
1949.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which
20that was barred by any statute of limitations at the time of the decedent's death. A
21claim shall not be barred by statutes of limitation which that was not barred at the
22time of the decedent's death if the claim is filed against the decedent's estate in the
23court on or before the deadline for filing a claim under s. 859.01.
SB40-ASA1, s. 2887 24Section 2887 . 885.01 (5) of the statutes is amended to read:
SB40-ASA1,1532,4
1885.01 (5) By the department of workforce development children and families
2or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145,
349.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011
4to 2029.
SB40-ASA1, s. 2888 5Section 2888 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act ....
6(this act), is amended to read:
SB40-ASA1,1532,97 885.01 (5) By the department of children and families or a county child support
8agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and,
949.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.
SB40-ASA1, s. 3772m 10Section 3772m. 885.237 (2) of the statutes is amended to read:
SB40-ASA1,1532,1811 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor
12truck having a registered weight of 8,000 pounds or less is located on a highway, as
13defined in s. 340.01 (22), and is not displaying a valid registration plates plate, a
14temporary operation plate or other evidence of registration as provided under s.
15341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an
16unregistered or improperly registered vehicle. This subsection does not apply to
17violations of ordinances enacted under s. 341.65, but this subsection does apply to
18violations of ordinances enacted under s. 341.65, 2003 stats.
SB40-ASA1, s. 2889 19Section 2889. 885.38 (3) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1532,2520 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48,
2151, 55, or 938, if
If the court determines that the person has limited English
22proficiency and that an interpreter is necessary, the court shall advise the person
23that he or she has the right to a qualified interpreter and that, if the person cannot
24afford one, an interpreter will be provided
at the public's expense if the person is one
25of the following:
SB40-ASA1, s. 2890
1Section 2890. 885.38 (8) (a) (intro.) of the statutes is amended to read:
SB40-ASA1,1533,42 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of
3providing qualified interpreters to indigent persons with limited English proficiency
4under this section shall be paid as follows:
SB40-ASA1, s. 2891 5Section 2891. 893.981 of the statutes is created to read:
SB40-ASA1,1533,7 6893.981 False claims. An action or claim under s. 20.931 shall be commenced
7within 10 years after the cause of the action or claim accrues or be barred.
SB40-ASA1, s. 2892 8Section 2892. 895.45 (1) (a) of the statutes is amended to read:
SB40-ASA1,1533,139 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s.
1046.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under
11s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
12under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
13ss. 948.02 to 948.11.
SB40-ASA1, s. 2893 14Section 2893. 895.4803 of the statutes is amended to read:
SB40-ASA1,1533,25 15895.4803 Civil liability exemption; information concerning paternity.
16Any member of the staff of a hospital who is designated by the hospital and trained
17by the department of workforce development children and families under s. 69.14 (1)
18(cm) and who in good faith provides to a child's available parents written information
19that is provided by the department of workforce development children and families
20and oral information or an audio or video presentation about the form that is
21prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance
22and benefits of, and alternatives to, establishing paternity, under the requirements
23of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in
24providing that oral information or audio or video presentation and written
25information.
SB40-ASA1, s. 2894
1Section 2894. 895.485 (4) (a) of the statutes is amended to read:
SB40-ASA1,1534,82 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or
3family-operated group home parent with any information relating to a medical,
4physical, mental, or emotional condition of the child that it is required to disclose
5under this paragraph. The department of health and family services children and
6families
shall promulgate rules specifying the kind of information that an agency
7shall disclose to a foster, treatment foster, or family-operated group home parent
8which relates to a medical, physical, mental, or emotional condition of the child.
SB40-ASA1, s. 3778m 9Section 3778m. 895.507 (7m) of the statutes is amended to read:
SB40-ASA1,1534,1710 895.507 (7m) Effect of federal legislation. If the joint committee on
11administrative rules determines that the federal government has enacted legislation
12that imposes notice requirements substantially similar to the requirements of this
13section and determines that the legislation does not preempt this section, the joint
14committee on administrative rules shall submit to the revisor of statutes legislative
15reference bureau
for publication in the Wisconsin administrative register a notice of
16its determination. This section does not apply after publication of a notice under this
17subsection.
SB40-ASA1, s. 2895 18Section 2895. 905.15 (1) of the statutes is amended to read:
SB40-ASA1,1535,219 905.15 (1) An employee of the department of health and family services, the
20department of workforce development children and families or a county department
21under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally
22recognized American Indian tribe who is authorized by federal law to have access to
23or awareness of the federal tax return information of another in the performance of
24duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse

1to disclose the information and the source or method by which he or she received or
2otherwise became aware of the information.
SB40-ASA1, s. 2896 3Section 2896. 938.02 (6) of the statutes is amended to read:
SB40-ASA1,1535,94 938.02 (6) "Foster home" means any facility that is operated by a person
5required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for
6no more than 4 juveniles or, if necessary to enable a sibling group to remain together,
7for no more than 6 juveniles or, if the department of health and family services
8children and families promulgates rules permitting a different number of juveniles,
9for the number of juveniles permitted under those rules.
SB40-ASA1, s. 2897 10Section 2897. 938.02 (7) of the statutes is amended to read:
SB40-ASA1,1535,1311 938.02 (7) "Group home" means any facility operated by a person required to
12be licensed by the department of health and family services children and families
13under s. 48.625 for the care and maintenance of 5 to 8 juveniles.
SB40-ASA1, s. 2898 14Section 2898. 938.02 (17) of the statutes is amended to read:
SB40-ASA1,1535,1715 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care
16and physical custody for juveniles, including a holdover room, licensed by the
17department of health and family services children and families under s. 48.66 (1) (a).
SB40-ASA1, s. 2899 18Section 2899. 938.06 (1) (b) of the statutes is amended to read:
SB40-ASA1,1535,2219 938.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may
20make changes in the administration of services to the children's court center in order
21to qualify for the maximum amount of federal and state aid as provided in sub. (4)
22and s. ss. 46.495 and 48.569.
SB40-ASA1, s. 2900 23Section 2900. 938.06 (4) of the statutes is amended to read:
SB40-ASA1,1536,724 938.06 (4) State aid. State aid to any county for juvenile delinquency-related
25court services under this section shall be at the same net effective rate that each

1county is reimbursed for county administration under s. 46.495 48.569, except as
2provided in s. 301.26. Counties having a population of less than 500,000 may use
3funds received under ss. 46.495 48.569 (1) (d) and 301.26, including county or federal
4revenue sharing funds allocated to match funds received under s. 46.495 48.569 (1)
5(d), for the cost of providing court attached intake services in amounts not to exceed
650% of the cost of providing court attached intake services or $30,000 per county per
7calendar year, whichever is less.
SB40-ASA1, s. 2901 8Section 2901. 938.21 (5) (b) 1. of the statutes is renumbered 938.21 (5) (b) 1.
9a. and amended to read:
SB40-ASA1,1536,1310 938.21 (5) (b) 1. a. A finding that continued placement of the juvenile in his or
11her home would be contrary to the welfare of the juvenile. Unless the court finds that
12any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, the order shall
13in addition include a 
SB40-ASA1,1536,18 14b. A finding as to whether the person who took the juvenile into custody and
15the intake worker have made reasonable efforts to prevent the removal of the
16juvenile from the home, while assuring that the juvenile's health and safety are the
17paramount concerns, and a unless the court finds that any of the circumstances
18specified in s. 938.355 (2d) (b) 1. to 4. applies.
SB40-ASA1,1536,21 19c. A finding as to whether the person who took the juvenile into custody and
20the intake worker have made reasonable efforts to make it possible for the juvenile
21to return safely home.
SB40-ASA1,1537,7 221m. If for good cause shown sufficient information is not available for the court
23to make a finding as to whether those reasonable efforts were made to prevent the
24removal of the juvenile from the home, the order shall include while assuring that
25the juvenile's health and safety are the paramount concerns,
a finding as to whether

1those reasonable efforts were made to make it possible for the juvenile to return
2safely home and an order for the county department or agency primarily responsible
3for providing services to the juvenile under the custody order to file with the court
4sufficient information for the court to make a finding as to whether those reasonable
5efforts were made to prevent the removal of the juvenile from the home by no later
6than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of on
7which
the order is granted.
SB40-ASA1, s. 2902 8Section 2902. 938.21 (5) (b) 1. d. of the statutes is created to read:
SB40-ASA1,1537,139 938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county
10department, an order ordering the juvenile into the placement and care
11responsibility of the county department as required under 42 USC 672 (a) (2) and
12assigning the county department primary responsibility for providing services to the
13juvenile.
SB40-ASA1, s. 2903 14Section 2903. 938.21 (5) (c) of the statutes is amended to read:
SB40-ASA1,1537,2115 938.21 (5) (c) The court shall make the findings specified in par. (b) 1., 1m., and
163. on a case-by-case basis based on circumstances specific to the juvenile and shall
17document or reference the specific information on which those findings are based in
18the custody order. A custody order that merely references par. (b) 1., 1m., or 3.
19without documenting or referencing that specific information in the custody order
20or an amended custody order that retroactively corrects an earlier custody order that
21does not comply with this paragraph is not sufficient to comply with this paragraph.
SB40-ASA1, s. 2904 22Section 2904. 938.22 (1) (a) of the statutes is amended to read:
SB40-ASA1,1538,823 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a
24county may establish a juvenile detention facility in accordance with ss. 301.36 and
25301.37 or the county boards of supervisors for 2 or more counties may jointly

1establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and
2301.37. The county board of supervisors of a county may establish a shelter care
3facility in accordance with ss. 46.16 and 46.17 48.576 and 48.578 or the county boards
4of supervisors for 2 or more counties may jointly establish a shelter care facility in
5accordance with ss. 46.16, 46.17, and 46.20, 48.576, and 48.578. A private entity may
6establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and
7contract with one or more county boards of supervisors under s. 938.222 to hold
8juveniles in the private juvenile detention facility.
SB40-ASA1, s. 2905 9Section 2905. 938.22 (2) (a) of the statutes is amended to read:
SB40-ASA1,1538,2010 938.22 (2) (a) Counties shall submit plans for a juvenile detention facility or
11juvenile portion of the county jail to the department of corrections and submit plans
12for a shelter care facility to the department of health and family services children and
13families
. A private entity that proposes to establish a juvenile detention facility shall
14submit plans for the facility to the department of corrections. The applicable
15department shall review the submitted plans. A county or a private entity may not
16implement a plan unless the applicable department has approved the plan. The
17department of corrections shall promulgate rules establishing minimum
18requirements for the approval and operation of juvenile detention facilities and the
19juvenile portion of county jails. The plans and rules shall be designed to protect the
20health, safety, and welfare of the juveniles placed in those facilities.
SB40-ASA1, s. 2906 21Section 2906. 938.22 (7) (a) of the statutes is amended to read:
SB40-ASA1,1539,422 938.22 (7) (a) No person may establish a shelter care facility without first
23obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) to
24operate a shelter care facility, a person must meet the minimum requirements for a
25license established by the department of health and family services children and

1families
under s. 48.67, meet the requirements specified in s. 48.685, and pay the
2license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter
3care facility is valid until revoked or suspended, but shall be reviewed every 2 years
4as provided in s. 48.66 (5).
SB40-ASA1, s. 2907 5Section 2907. 938.22 (7) (b) of the statutes is amended to read:
SB40-ASA1,1539,136 938.22 (7) (b) Before the department of health and family services children and
7families
may issue a license under s. 48.66 (1) (a) to operate a shelter care facility,
8the shelter care facility shall pay to that department a biennial fee of $60.50, plus
9a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter
10care facility is licensed to serve. A shelter care facility that wishes to continue a
11license issued under s. 48.66 (1) (a) shall pay the fee by the continuation date of the
12license. A new shelter care facility shall pay the fee by no later than 30 days before
13the opening of the shelter care facility.
SB40-ASA1, s. 2908 14Section 2908. 938.235 (4) (b) of the statutes is amended to read:
SB40-ASA1,1539,1715 938.235 (4) (b) The court shall order the agency identified under s. 938.355 (2)
16(b) 1.
938.33 (1) (c) as primarily responsible for the provision of services to notify the
17guardian ad litem, if any, regarding actions to be taken under par. (a).
SB40-ASA1, s. 2909 18Section 2909. 938.30 (6) (b) of the statutes is amended to read:
SB40-ASA1,1540,319 938.30 (6) (b) If it appears to the court that disposition of the case may include
20placement of the juvenile outside the juvenile's home, the court shall order the
21juvenile's parent to provide a statement of the income, assets, debts, and living
22expenses of the juvenile and the juvenile's parent to the court or the designated
23agency under s. 938.33 (1) at least 5 days before the scheduled date of the
24dispositional hearing or as otherwise ordered by the court. The clerk of court shall
25provide, without charge, to any parent ordered to provide that statement a document

1setting forth the percentage standard established by the department of workforce
2development
children and families under s. 49.22 (9) and listing the factors that a
3court may consider under s. 301.12 (14) (c).
SB40-ASA1, s. 2910 4Section 2910. 938.31 (7) (b) of the statutes is amended to read:
SB40-ASA1,1540,145 938.31 (7) (b) If it appears to the court that disposition of the case may include
6placement of the juvenile outside the juvenile's home, the court shall order the
7juvenile's parent to provide a statement of the income, assets, debts, and living
8expenses of the juvenile and the juvenile's parent, to the court or the designated
9agency under s. 938.33 (1) at least 5 days before the scheduled date of the
10dispositional hearing or as otherwise ordered by the court. The clerk of court shall
11provide, without charge, to any parent ordered to provide the statement a document
12setting forth the percentage standard established by the department of workforce
13development
children and families under s. 49.22 (9) and listing the factors that a
14court may consider under s. 301.12 (14) (c).
SB40-ASA1, s. 2911 15Section 2911. 938.315 (2m) (a) of the statutes is amended to read:
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