Amendment SSA1-SB21

SB21-SSA1,4610j Section 4610j. 803.09 (2) of the statutes is amended to read:

SB21-SSA1,1361,3 803.09 (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.

SB21-SSA1,4610n Section 4610n. 804.01 (2) (intro.) of the statutes is amended to read:

SB21-SSA1,1361,7 804.01 (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:

SB21-SSA1,4610p Section 4610p. 805.04 (1) of the statutes is amended to read:

SB21-SSA1,1361,16 805.04 (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.

SB21-SSA1,4610r Section 4610r. 805.04 (2m) of the statutes is repealed.

SB21-SSA1,4610t Section 4610t. 812.33 of the statutes is amended to read:

SB21-SSA1,1361,23 812.33 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.

SB21-SSA1,4610v Section 4610v. 812.35 (4) (a) of the statutes is amended to read:

SB21-SSA1,1362,2 812.35 (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.

SB21-SSA1,4610y Section 4610y. 812.40 of the statutes is amended to read:

SB21-SSA1,1362,16 812.40 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.

SB21-SSA1,4613 Section 4613. 814.61 (1) (c) 1m. of the statutes is created to read:

SB21-SSA1,1362,20 814.61 (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.

SB21-SSA1,4616 Section 4616. 814.63 (3m) (a) of the statutes is amended to read:

SB21-SSA1,1363,2 814.63 (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.

SB21-SSA1,4618 Section 4618. 814.65 (4m) (a) of the statutes is amended to read:

SB21-SSA1,1363,9 814.65 (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.

SB21-SSA1,4619 Section 4619. 814.75 (8r) of the statutes is created to read:

SB21-SSA1,1363,11 814.75 (8r) The crime prevention funding board surcharge under s. 973.0455.

SB21-SSA1,4619p Section 4619p. 814.75 (9g) of the statutes is created to read:

SB21-SSA1,1363,13 814.75 (9g) The safe ride program surcharge under s. 346.657.

SB21-SSA1,4620 Section 4620. 814.76 (4m) of the statutes is created to read:

SB21-SSA1,1363,15 814.76 (4m) The crime prevention funding board surcharge under s. 973.0455.

SB21-SSA1,4620g Section 4620g. 814.76 (7g) of the statutes is created to read:

SB21-SSA1,1363,17 814.76 (7g) The safe ride program surcharge under s. 346.657.

SB21-SSA1,4620m Section 4620m. 814.78 (7g) of the statutes is created to read:

SB21-SSA1,1363,19 814.78 (7g) The safe ride program surcharge under s. 346.657.

SB21-SSA1,4620r Section 4620r. 814.79 (4p) of the statutes is created to read:

SB21-SSA1,1363,21 814.79 (4p) The safe ride program surcharge under s. 346.657.

SB21-SSA1,4622 Section 4622. 815.29 (1) of the statutes is amended to read:

SB21-SSA1,1364,11 815.29 (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.

SB21-SSA1,4623 Section 4623. 859.07 (2) (a) 3. of the statutes is amended to read:

SB21-SSA1,1364,16 859.07 (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.

SB21-SSA1,4624 Section 4624. 867.01 (3) (am) 4. of the statutes is amended to read:

SB21-SSA1,1364,21 867.01 (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.

SB21-SSA1,4625 Section 4625. 867.01 (3) (d) of the statutes is amended to read:

SB21-SSA1,1365,4 867.01 (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.

SB21-SSA1,4626 Section 4626. 867.02 (2) (am) 6. of the statutes is amended to read:

SB21-SSA1,1365,9 867.02 (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.

SB21-SSA1,4627 Section 4627. 867.03 (1g) (c) of the statutes is amended to read:

SB21-SSA1,1365,14 867.03 (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.

SB21-SSA1,4628 Section 4628. 867.03 (1m) (a) of the statutes is amended to read:

SB21-SSA1,1366,2 867.03 (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.

SB21-SSA1,4629 Section 4629. 867.03 (1m) (b) of the statutes is amended to read:

SB21-SSA1,1366,11 867.03 (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.

SB21-SSA1,4630 Section 4630. 867.03 (2g) (b) of the statutes is amended to read:

SB21-SSA1,1366,23 867.03 (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.

SB21-SSA1,4631 Section 4631. 885.38 (8) (a) 1. of the statutes is amended to read:

SB21-SSA1,1367,5 885.38 (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.

SB21-SSA1,4639g Section 4639g. 893.981 of the statutes is repealed.

SB21-SSA1,4639m Section 4639m. 895.035 (2m) (c) of the statutes is amended to read:

SB21-SSA1,1367,24 895.035 (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.

SB21-SSA1,4642 Section 4642. 895.514 (3) (b) of the statutes is amended to read:

SB21-SSA1,1368,6 895.514 (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.

SB21-SSA1,4642m Section 4642m. 895.523 (1) (a) of the statutes is amended to read:

SB21-SSA1,1368,10 895.523 (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).

SB21-SSA1,4644s Section 4644s. 905.17 of the statutes is created to read:

SB21-SSA1,1368,13 905.17 Communications involving legislators and legislative staff; records. (1) Definitions. As used in this section:

SB21-SSA1,1368,14 (a) "Clerk staff" means all of the following:

SB21-SSA1,1368,16 1. The assembly chief clerk and employees assigned to the assembly chief clerk's office.

SB21-SSA1,1368,18 2. The senate chief clerk and employees assigned to the senate chief clerk's office.

SB21-SSA1,1368,19 (b) "Employee" includes paid and unpaid interns.

SB21-SSA1,1368,21 (c) 1. "Legislative business" means all aspects of the legislative process, shall be broadly construed, and includes all of the following:

SB21-SSA1,1368,23 a. Researching, drafting, circulating, discussing, introducing, and amending legislative proposals.

SB21-SSA1,1368,25 b. The development of public policy, including research, analysis, consideration, and discussion of issues relevant to public policy.

SB21-SSA1,1369,1 c. All aspects of legislative proceedings.

SB21-SSA1,1369,3 d. All matters related to the policies, practices, and procedures of the legislative branch.

SB21-SSA1,1369,4 e. All matters related to the work of a legislative committee.

SB21-SSA1,1369,5 f. Investigations and oversight.

SB21-SSA1,1369,6 g. Constituent relations.

SB21-SSA1,1369,9 h. All other powers, duties, and functions assigned by law, rule, custom, policy, or practice to the legislature, one house of the legislature, a committee of the legislature, or a member of the legislature.

SB21-SSA1,1369,11 2. "Legislative business" does not include criminal conduct or political campaigning.

SB21-SSA1,1369,13 (d) "Legislative staff member" means a member of the clerk staff, sergeant staff, nonpartisan staff, or personal staff.

SB21-SSA1,1369,17 (e) "Legislator" means a current or former member of the legislature or a legislator-elect. For purposes of the privileges under this section, a legislator's term of office shall be considered to begin on the date of certification of the legislator's election to that office.

SB21-SSA1,1369,19 (f) "Nonpartisan staff" means the heads and employees of the nonpartisan legislative service agencies under ss. 13.91, 13.92, 13.94, 13.95, and 13.96.

SB21-SSA1,1369,21 (g) "Personal staff" means the employees assigned to or interning in the office of a legislator.

SB21-SSA1,1369,23 (h) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

SB21-SSA1,1369,24 (i) "Sergeant staff" means all of the following:

SB21-SSA1,1370,2 1. The assembly sergeant at arms and employees assigned to the assembly sergeant at arms' office.

SB21-SSA1,1370,4 2. The senate sergeant at arms and employees assigned to the senate sergeant at arms' office.

SB21-SSA1,1370,8 (2) General rule of privilege. (a) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all of the following communications, if made within the course of legislative business during the legislator's term of office:

SB21-SSA1,1370,11 1. A communication between the legislator or a member of the legislator's personal staff, or another person acting on behalf of the legislator, and a member of the nonpartisan staff, clerk staff, or sergeant staff.

SB21-SSA1,1370,13 2. A communication between the legislator or a person acting on behalf of the legislator and a member of the legislator's personal staff.

SB21-SSA1,1370,15 3. A communication between 2 or more members of the nonpartisan staff, clerk staff, or sergeant staff related to the legislative business of a legislator.

SB21-SSA1,1370,17 4. A communication between 2 or more members of the legislator's personal staff.

SB21-SSA1,1370,20 5. A communication between the legislator or a member of the legislator's personal staff, or another person acting on behalf of the legislator, and any other person.

SB21-SSA1,1370,23 (b) A legislator has a privilege to refuse to disclose and to prevent a legislative staff member from disclosing all records relating to a communication made under par. (a) 1. to 5.