2015 Wisconsin Act 55

55,4601y Section 4601y. 758.19 (5) (h) of the statutes is repealed.

55,4602 Section 4602. 758.19 (6) of the statutes is repealed.

55,4603 Section 4603. 758.19 (8) of the statutes is repealed.

55,4605 Section 4605. 767.75 (1f) of the statutes is amended to read:

767.75 (1f) Payment order as assignment of income. A payment order constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order, obligation, or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order, obligation, or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

55,4606 Section 4606. 767.75 (2m) (a) 1. of the statutes is amended to read:

767.75 (2m) (a) 1. An obligation to pay unpaid fees under s. 767.57 (1e) (b) 1m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the department or its designee.

55,4607 Section 4607. 767.75 (2m) (a) 2. of the statutes is amended to read:

767.75 (2m) (a) 2. An obligation to pay unpaid fees under s. 767.57 (1e) (b) 2m. constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable in installments, and other money due or to be due in the future to the clerk of court to whom the fees are owed, or to his or her successor.

55,4610b Section 4610b. 800.09 (1j) of the statutes is amended to read:

800.09 (1j) If the court orders the defendant to perform community service work in lieu of making restitution or of paying the forfeiture, surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the person to whom restitution is owed. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

55,4610d Section 4610d. 800.095 (1) (d) of the statutes is amended to read:

800.095 (1) (d) That the defendant perform community service work for a public agency or nonprofit charitable organization approved by the court and agreed to by the agency or nonprofit charitable organization. If the community service work is in lieu of restitution, then the person to whom restitution is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1) for each one hour of community service completed. The defendant shall be given a written statement of the community service order. Nothing in this paragraph makes the defendant an employee or agent of the court or the municipality. The defendant shall be responsible for providing the court with proof that the community service hours have been completed.

55,4610f Section 4610f. 801.02 (1) of the statutes is amended to read:

801.02 (1) Except as provided in s. 20.931 (5) (b), a A civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

55,4610g Section 4610g. 803.09 (1) of the statutes is amended to read:

803.09 (1) Except as provided in s. 20.931, upon Upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

55,4610j Section 4610j. 803.09 (2) of the statutes is amended to read:

803.09 (2) Except as provided in s. 20.931, upon Upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

55,4610n Section 4610n. 804.01 (2) (intro.) of the statutes is amended to read:

804.01 (2) Scope of discovery. (intro.) Except as provided in s. 20.931 (9), and unless Unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

55,4610p Section 4610p. 805.04 (1) of the statutes is amended to read:

805.04 (1) By plaintiff; by stipulation. Except as provided in sub. (2m), an An action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

55,4610r Section 4610r. 805.04 (2m) of the statutes is repealed.

55,4610t Section 4610t. 812.33 of the statutes is amended to read:

812.33 Garnishee fee fees. The creditor shall pay a $15 fee to the garnishee for each earnings garnishment or each stipulated extension of that earnings garnishment. This fee and a $3 fee to the garnishee for each payment delivered to the creditor after the first payment. These fees shall be included as a cost in the creditor's claim in the earnings garnishment.

55,4610v Section 4610v. 812.35 (4) (a) of the statutes is amended to read:

812.35 (4) (a) The creditor shall tender the garnishee fee fees under s. 812.33 to the garnishee at the time that the earnings garnishment form is served.

55,4610y Section 4610y. 812.40 of the statutes is amended to read:

812.40 Stipulated extension. At any time while an earnings garnishment is in effect, the debtor and creditor may stipulate in writing to an extension of the earnings garnishment for additional pay periods. The extension may commence on the first day after the earnings garnishment ends and shall end within 13 weeks after the last day of the last pay period affected by the earnings garnishment. The garnishee shall be bound by the extension if a copy of the stipulation is delivered or mailed to the garnishee, together with an the additional garnishee fee fees under s. 812.33, before the last day of the last pay period affected by the earnings garnishment or any prior stipulated extension of the earnings garnishment. A stipulated extension is void and the garnishee fee fees shall be refunded if, prior to the last day of the last pay period affected by the earnings garnishment, the garnishee is served under s. 812.35 (3) by a creditor seeking to satisfy a different judgment against the debtor.

55,4613 Section 4613. 814.61 (1) (c) 1m. of the statutes is created to read:

814.61 (1) (c) 1m. An action under s. 767.805 (3) that is brought by the state or its delegate or commenced on behalf of the child by an attorney appointed under s. 767.407.

55,4616 Section 4616. 814.63 (3m) (a) of the statutes is amended to read:

814.63 (3m) (a) Except as provided in par. (d), if a defendant is required to appear in court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood if the court finds that the defendant violated s. 23.33 (4c), 30.681, 114.09, 346.63, or 350.101, or a local ordinance in conformity therewith.

55,4618 Section 4618. 814.65 (4m) (a) of the statutes is amended to read:

814.65 (4m) (a) Except as provided in par. (d), if a defendant is required to appear in municipal court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the municipal court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood if the court finds that the defendant violated a local ordinance in conformity with s. 23.33 (4c), 30.681, 114.09, 346.63, or 350.101.

55,4619 Section 4619. 814.75 (8r) of the statutes is created to read:

814.75 (8r) The crime prevention funding board surcharge under s. 973.0455.

55,4619p Section 4619p. 814.75 (9g) of the statutes is created to read:

814.75 (9g) The safe ride program surcharge under s. 346.657.

55,4620 Section 4620. 814.76 (4m) of the statutes is created to read:

814.76 (4m) The crime prevention funding board surcharge under s. 973.0455.

55,4620g Section 4620g. 814.76 (7g) of the statutes is created to read:

814.76 (7g) The safe ride program surcharge under s. 346.657.

55,4620m Section 4620m. 814.78 (7g) of the statutes is created to read:

814.78 (7g) The safe ride program surcharge under s. 346.657.

55,4620r Section 4620r. 814.79 (4p) of the statutes is created to read:

814.79 (4p) The safe ride program surcharge under s. 346.657.

55,4622 Section 4622. 815.29 (1) of the statutes is amended to read:

815.29 (1) No execution sale of personal property shall be made unless 20 days previous notice of such sale has been given by posting a notice thereof in one public place of the town or municipality where such sale is to be had and, if the county where such sale is to be had maintains a Web site, by posting a notice on the Web site. If the town or municipality where such sale is to be had maintains a Web site, the town or municipality may also post a notice on its Web site. The notice shall specify the time and place of sale but when any property seized is likely to perish or depreciate in value before the expiration of the 20 days the court or a judge may order the same to be sold in such manner and upon such terms as the best interests of the parties demand. Every such sale shall be made at auction between the hour hours of 9 a.m. and 5 p.m. and no property shall be sold unless it is in view of those attending the sale, except as provided in s. 71.91 (5) (c) 2. and in the case of the sale of the interest of the judgment debtor in property in the possession of a secured party. It shall be offered for sale in such lots and parcels as is calculated to bring the highest price.

55,4623 Section 4623. 859.07 (2) (a) 3. of the statutes is amended to read:

859.07 (2) (a) 3. The decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, or 49.785.

55,4624 Section 4624. 867.01 (3) (am) 4. of the statutes is amended to read:

867.01 (3) (am) 4. Whether the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683 or, 49.685, or 49.785.

55,4625 Section 4625. 867.01 (3) (d) of the statutes is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, or 49.785, the petitioner shall give notice by certified mail to the department of health services as soon as practicable after filing the petition with the court.

55,4626 Section 4626. 867.02 (2) (am) 6. of the statutes is amended to read:

867.02 (2) (am) 6. Whether the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685 , or 49.785.

55,4627 Section 4627. 867.03 (1g) (c) of the statutes is amended to read:

867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683 or, 49.685, or 49.875.

55,4628 Section 4628. 867.03 (1m) (a) of the statutes is amended to read:

867.03 (1m) (a) Whenever an heir, trustee, or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, or 49.785, the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.

55,4629 Section 4629. 867.03 (1m) (b) of the statutes is amended to read:

867.03 (1m) (b) An heir, trustee, or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1g) that states that the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, or 49.785 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing the delivery date.

55,4630 Section 4630. 867.03 (2g) (b) of the statutes is amended to read:

867.03 (2g) (b) Property transferred under this section to or by an heir, trustee, or guardian is subject to the right of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse. Upon request, the heir, trustee, or guardian shall provide to the department of health services information about any of the decedent's property that the heir, trustee, or guardian has distributed and information about the persons to whom the property was distributed.

55,4631 Section 4631. 885.38 (8) (a) 1. of the statutes is amended to read:

885.38 (8) (a) 1. The county in which the circuit court is located shall pay the expenses in all proceedings before a circuit court and when the clerk of circuit court uses a qualified interpreter under sub. (3) (d). The county shall be reimbursed as provided in the manner determined by the director of state courts under s. 758.19 (8) for expenses paid under this subdivision.

55,4639g Section 4639g. 893.981 of the statutes is repealed.

55,4639m Section 4639m. 895.035 (2m) (c) of the statutes is amended to read:

895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the juvenile perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the juvenile or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution, forfeiture, or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment s. 104.035 (1). The court shall ensure that the juvenile or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

55,4642 Section 4642. 895.514 (3) (b) of the statutes is amended to read:

895.514 (3) (b) All of the expenses incurred by the authority, or the commissioner, or any agent, employee, or representative of the commissioner, in exercising its duties and powers under ch. 149, 2011 stats., under 2013 Wisconsin Act 20, section 9122 (1L), or under 2013 Wisconsin Act 116, section 32 (1) (b), shall be payable only from funds of the authority or from the appropriation under s. 20.145 (5) (g) or (k), or from any combination of those payment sources.

55,4642m Section 4642m. 895.523 (1) (a) of the statutes is amended to read:

895.523 (1) (a) "Governing body of a charter school" means the person that operates a charter school established under s. 118.40 (2) or (2m) or the entity that operates a charter school established under s. 118.40 (2r) or (2x).

55,4645b Section 4645b. 938.02 (4) of the statutes is amended to read:

938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4), "department" means the department of corrections.

55,4646b Section 4646b. 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n) (a), or (7g), or 938.357 (4), "department" means the department of corrections.

55,4646c Section 4646c. 938.02 (6) of the statutes is amended to read:

938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

55,4646e Section 4646e. 938.02 (7) of the statutes is amended to read:

938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

55,4646h Section 4646h. 938.02 (10r) of the statutes is amended to read:

938.02 (10r) "Juvenile detention facility" means a locked facility approved by the department of corrections under s. 301.36 for the secure, temporary holding in custody of juveniles.

55,4646n Section 4646n. 938.02 (17) of the statutes is amended to read:

938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of children and families under s. 48.66 (1) (a).

55,4646q Section 4646q. 938.02 (19r) of the statutes is amended to read:

938.02 (19r) "Type 2 residential care center for children and youth" means a residential care center for children and youth that is designated by the department of corrections to provide care and maintenance for juveniles who have been placed in the residential care center for children and youth under the supervision of a county department under s. 938.34 (4d).