SB21: Bill Text

SB21,4602 Section 4602. 758.19 (6) of the statutes is repealed.

SB21,4603 Section 4603. 758.19 (8) of the statutes is repealed.

SB21,4604 Section 4604. 766.565 (7) of the statutes is amended to read:

SB21,1693,7 766.565 (7) With respect to consumer credit transactions, the division of banking department of financial institutions and professional standards may promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the purposes and policies of this chapter and chs. 421 to 427.

SB21,4605 Section 4605. 767.75 (1f) of the statutes is amended to read:

SB21,1693,18 767.75 (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).

SB21,4606 Section 4606. 767.75 (2m) (a) 1. of the statutes is amended to read:

SB21,1693,25 767.75 (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.

SB21,4607 Section 4607. 767.75 (2m) (a) 2. of the statutes is amended to read:

SB21,1694,7 767.75 (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.

SB21,4608 Section 4608. 778.25 (1) (a) 5. of the statutes is repealed.

SB21,4609 Section 4609. 779.14 (1) (b) of the statutes is amended to read:

SB21,1694,13 779.14 (1) (b) With respect to contracts entered into under s. 84.06 (2) or (2m) for highway improvements, any person who has a direct contractual relationship, expressed or implied, with the prime contractor to perform, furnish, or procure labor, services, materials, plans, or specifications.

SB21,4610 Section 4610. 779.14 (2) (a) 3. of the statutes is amended to read:

SB21,1694,20 779.14 (2) (a) 3. With respect to contracts entered into under s. 84.06 (2) or (2m) for highway improvements, failure of the prime contractor to comply with a contract, whether express or implied, with a subcontractor, supplier, or service provider of the prime contractor for performing, furnishing, or procuring labor, services, materials, plans, or specifications for the purpose of making the highway improvement that is the subject of the contract with the governmental entity.

SB21,4611 Section 4611. 813.05 (2) of the statutes is amended to read:

SB21,1695,2 813.05 (2) In an action against an insurance company or fraternal benefit society for an injunction or a receiver the commissioner of insurance department of financial institutions and professional standards shall be notified. Mailing a copy of such notice addressed to the commissioner of insurance secretary, or department, of financial institutions and professional standards at Madison, Wisconsin, shall be sufficient service.

SB21,4612 Section 4612. 813.16 (7) of the statutes is amended to read:

SB21,1695,11 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a savings and loan association or savings bank supervised by the division of banking department of financial institutions and professional standards or a corporation supervised by the home loan bank board, federal office of thrift supervision, federal deposit insurance corporation, or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

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

SB21,1695,15 814.61 (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.

SB21,4614 Section 4614. 814.63 (1) (b) of the statutes is renumbered 814.63 (1).

SB21,4615 Section 4615. 814.63 (1) (c) of the statutes is repealed.

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

SB21,1695,24 814.63 (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.

SB21,4617 Section 4617. 814.63 (5) of the statutes is amended to read:

SB21,1696,5 814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2) (j).

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

SB21,1696,12 814.65 (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.

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

SB21,1696,14 814.75 (8r) The crime prevention funding board surcharge under s. 973.0455.

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

SB21,1696,16 814.76 (4m) The crime prevention funding board surcharge under s. 973.0455.

SB21,4621 Section 4621. 814.86 (1) of the statutes is amended to read:

SB21,1696,24 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the The clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

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

SB21,1697,14 815.29 (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.

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

SB21,1697,19 859.07 (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.

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

SB21,1697,24 867.01 (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.

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

SB21,1698,7 867.01 (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.

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

SB21,1698,12 867.02 (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.

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

SB21,1698,17 867.03 (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.

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

SB21,1699,4 867.03 (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.

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

SB21,1699,13 867.03 (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.

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

SB21,1699,25 867.03 (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.

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

SB21,1700,6 885.38 (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.

SB21,4632 Section 4632. 887.23 (1) of the statutes is amended to read:

SB21,1700,21 887.23 (1) Who may require. The department of health services, the department of corrections, the state superintendent of public instruction or the board of regents of the University of Wisconsin System Authority may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

SB21,4633 Section 4633. 893.80 (1b) (intro.) of the statutes is amended to read:

SB21,1700,23 893.80 (1b) (intro.) In this section, "agent":

SB21,1700,25 (am) "Agent" includes a volunteer. In this subsection paragraph, "volunteer" means a person who satisfies all of the following:

SB21,4634 Section 4634. 893.80 (1b) (a) of the statutes is renumbered 893.80 (1b) (am) 1. and amended to read:

SB21,1701,9 893.80 (1b) (am) 1. The person provides services or performs duties for and with the express or implied consent of a volunteer fire company organized under ch. 181 or 213, political corporation, or governmental subdivision or agency thereof. A person satisfies the requirements under this paragraph subdivision even if the activities of the person with regard to the services and duties and the details and method by which the services are provided and the duties are performed are left to the discretion of the person.

SB21,4635 Section 4635. 893.80 (1b) (b) of the statutes is renumbered 893.80 (1b) (am) 2. and amended to read:

SB21,1701,14 893.80 (1b) (am) 2. The person is subject to the right of control of the volunteer company, political corporation, or governmental subdivision or agency described in par. (a) subd. 1.

SB21,4636 Section 4636. 893.80 (1b) (bm) of the statutes is created to read:

SB21,1701,17 893.80 (1b) (bm) "Political corporation" does not include the University of Wisconsin System Authority.

SB21,4637 Section 4637. 893.80 (1b) (c) of the statutes is renumbered 893.80 (1b) (am) 3. and amended to read:

SB21,1701,23 893.80 (1b) (am) 3. The person is not paid a fee, salary, or other compensation by any person for the services or duties described in par. (a) subd. 1. In this paragraph subdivision, "compensation" does not include the reimbursement of expenses.

SB21,4638 Section 4638. 893.82 (2) (d) 4. of the statutes is created to read:

SB21,1702,2 893.82 (2) (d) 4. Officers and employees of the University of Wisconsin System Authority.

SB21,4639 Section 4639. 893.82 (10) of the statutes is created to read:

SB21,1702,6 893.82 (10) Except for sub. (6), this section does not apply if the claimant in the action or proceeding is the state and the person against whom such claim is brought is an officer or employee of the University of Wisconsin System Authority.

SB21,4640 Section 4640. 895.46 (1) (a) of the statutes is amended to read:

SB21,1703,14 895.46 (1) (a) If the defendant in any action or special proceeding is a public officer or employee and is proceeded against in an official capacity or is proceeded against as an individual because of acts committed while carrying out duties as an officer or employee and the jury or the court finds that the defendant was acting within the scope of employment, the judgment as to damages and costs entered against the officer or employee, except as provided in s. 146.89 (4), in excess of any insurance applicable to the officer or employee shall be paid by the state or political subdivision of which the defendant is an officer or employee or by the University of Wisconsin System Authority if the defendant is an officer or employee of the authority. Agents of any department of the state shall be covered by this section while acting within the scope of their agency. Regardless of the results of the litigation the governmental unit, if it does not provide legal counsel to the defendant officer or employee, shall pay reasonable attorney fees and costs of defending the action, unless it is found by the court or jury that the defendant officer or employee did not act within the scope of employment. Except as provided in s. 146.89 (4), the duty of a governmental unit to provide or pay for the provision of legal representation does not apply to the extent that applicable insurance provides that representation. If the employing state agency or the attorney general denies that the state officer, employee or agent was doing any act growing out of or committed in the course of the discharge of his or her duties, the attorney general may appear on behalf of the state to contest that issue without waiving the state's sovereign immunity to suit. Failure by the officer or employee to give notice to his or her department head of an action or special proceeding commenced against the defendant officer or employee as soon as reasonably possible is a bar to recovery by the officer or employee from the state or, political subdivision, or University of Wisconsin System Authority of reasonable attorney fees and costs of defending the action. The attorney fees and expenses shall not be recoverable if the state or, political subdivision, or University of Wisconsin System Authority offers the officer or employee legal counsel and the offer is refused by the defendant officer or employee. If the officer, employee or agent of the state refuses to cooperate in the defense of the litigation, the officer, employee or agent is not eligible for any indemnification or for the provision of legal counsel by the governmental unit under this section.

SB21,4641 Section 4641. 895.46 (5) (c) of the statutes is created to read:

SB21,1703,17 895.46 (5) (c) Officers and employees of the University of Wisconsin System Authority.

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

SB21,1703,24 895.514 (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.

SB21,4643 Section 4643. 895.56 (2) (a) of the statutes is amended to read:

SB21,1704,5 895.56 (2) (a) The acts or omissions by the person occurred while performing a contract entered into under s. 84.06 (2) or (2m), including acts or omissions by any person who has a direct contractual relationship with the prime contractor, as defined in s. 779.01 (2) (d), under a contract entered into under s. 84.06 (2) or (2m) to perform labor or furnish materials.

SB21,4644 Section 4644. 895.56 (2) (c) of the statutes is amended to read:

SB21,1704,11 895.56 (2) (c) The acts or omissions involving petroleum-contaminated soil on the property were required by reasonably precise specifications in the contract entered into under s. 84.06 (2) or (2m), and the acts or omissions conformed to those specifications, or were otherwise directed by the department of transportation or by the department of natural resources.

SB21,4645 Section 4645 . 938.02 (4) of the statutes is amended to read:

SB21,1704,17 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4), "department" means the department of corrections.

SB21,4646 Section 4646 . 938.02 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1704,24 938.02 (4) "Department" means the department of children and families, except that with respect to a juvenile who is being held in a juvenile detention facility or who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h), (4m), or (4n) (a), or 938.357 (4), "department" means the department of corrections.

SB21,4647 Section 4647. 938.06 (4) of the statutes is amended to read:

SB21,1705,9 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 301.26 48.526. Counties having a population of less than 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26 48.526, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.