AB64: Bill Text

AB64,902,4 2. All claims must be filed with the property fund by no later than July 1, 2019. No claim filed after July 1, 2019, will be covered by the fund.

AB64,902,7 3. Upon the cessation of all operations of the property fund, the manager shall distribute any moneys remaining in the fund among the local governmental units that were insured under the fund on July 1, 2017.

AB64,2216 Section 2216. 605.21 (1) of the statutes is amended to read:

AB64,902,18 605.21 (1) Placing insurance. The Subject to s. 605.03 (1) (f), the property fund shall insure property described in s. 605.02 after receipt from the clerk of the local governmental unit of a certified copy of the resolution authorizing insurance in the property fund. The clerk shall report to the manager each policy then in force upon such property, stating the property covered by the policy and the dates of issue and of expiration, the amounts and rates of insurance and the premiums. Property already insured shall become insured by the property fund as existing policies expire or are canceled. Thereafter the insurance on all property described in s. 605.02 shall be provided. Premiums shall be certified by the manager to the clerk of the appropriate unit.

AB64,2217 Section 2217 . 605.23 (1) of the statutes is amended to read:

AB64,902,25 605.23 (1) Payment for losses. The Subject to s. 605.03 (1) (f) 2., the manager shall determine within a reasonable time any loss on insured property owned by a local governmental unit or for which the unit is liable and promptly certify the amount to the department of administration, which shall issue a warrant on the property fund payable to the treasurer of the local governmental unit for the amount of the loss less any applicable amounts under s. 605.03 (2) or (3).

AB64,2218 Section 2218. 605.35 of the statutes is repealed.

AB64,2219 Section 2219. 632.895 (12m) (b) 7. of the statutes is amended to read:

AB64,903,4 632.895 (12m) (b) 7. An occupational therapist, as defined in s. 448.96 464.20 (4).

AB64,2220 Section 2220. 655.45 (1) of the statutes is amended to read:

AB64,903,10 655.45 (1) For the quarter beginning on July 1, 1986, and for each quarter thereafter, the director of state courts shall file reports complying with sub. (2) with the medical examining board, the physical medical therapy examining board, the podiatry affiliated credentialing board, the board of nursing , and the department, respectively, regarding health care providers licensed by the respective bodies.

AB64,2221 Section 2221. 706.05 (12) of the statutes is amended to read:

AB64,903,17 706.05 (12) Every conveyance of any interest in real property offered for recordation shall be accompanied by the form under s. 77.22 (2). If the property is subject to certification under s. 101.122 (4) (a), waiver under s. 101.122 (4) (b) or stipulation under s. 101.122 (4) (c), the documents of conveyance offered for recordation shall have appended the certificate required under s. 101.122 (4) (a), a waiver under s. 101.122 (4) (b) or a stipulation under s. 101.122 (4) (c).

AB64,2222 Section 2222 . 751.12 (5) of the statutes is repealed.

AB64,2223 Section 2223. 751.20 of the statutes is repealed.

AB64,2224 Section 2224. 758.13 of the statutes is repealed.

AB64,2225 Section 2225. 758.19 (8) of the statutes is created to read:

AB64,904,2 758.19 (8) (a) The director of state courts shall submit to the joint committee on employment relations recommendations and a proposal for adjusting the compensation and employee benefits for circuit and appeals court judges and justices of the supreme court. The director of state courts shall include all of the following in the proposal:

AB64,904,6 1. A plan for the transfer of moneys from one or more appropriation accounts under subch. VII of ch. 20, other than the appropriation accounts under s. 20.625 (1) (a), 20.660 (1) (a), or 20.680 (1) (a), to the appropriation account under s. 20.680 (2) (kw).

AB64,904,8 2. An identification of the appropriations from which the transfers under subd. 1. are proposed to be made.

AB64,904,9 3. A projection of the amounts that will be transferred each fiscal year.

AB64,904,11 4. A projection of the amount the director will receive under s. 20.680 (2) (kw) during the biennium.

AB64,904,17 (b) The joint committee on employment relations shall review the proposal submitted under par. (a) and shall apply the procedures under s. 230.12 (1) (bf) and (3) (b) to the consideration and determination of any pay adjustments for the judges and justices. If the joint committee on employment relations approves one or more of the recommendations in the proposal submitted under par. (a) 1., the director of state courts may make the corresponding transfers.

AB64,2226 Section 2226. 778.25 (1) (a) 7. of the statutes is repealed.

AB64,2227 Section 2227. 778.25 (1) (b) of the statutes is amended to read:

AB64,904,22 778.25 (1) (b) The citation form provided by this section may serve as the initial pleading for the action and, except as provided in par. (c), is adequate process to give a court jurisdiction over the person if the citation is filed with the court.

AB64,2228 Section 2228. 778.25 (1) (c) of the statutes is repealed.

AB64,2229 Section 2229. 779.14 (1) (b) of the statutes is amended to read:

AB64,905,4 779.14 (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.

AB64,2230 Section 2230. 779.14 (2) (a) 3. of the statutes is amended to read:

AB64,905,11 779.14 (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.

AB64,2231 Section 2231. 809.86 (2) (e) of the statutes is amended to read:

AB64,905,16 809.86 (2) (e) Certiorari review of decisions or orders entered by the department of corrections, or the department of health services, or, if entered on or before the effective date of this paragraph .... [LRB inserts date], the parole commission in a proceeding or case specified in pars. (a) to (d).

AB64,2232 Section 2232. 812.39 (1) of the statutes is amended to read:

AB64,905,23 812.39 (1) Between 5 and 10 business days after the payday of each pay period in which the debtor's earnings are subject to the earnings garnishment, the garnishee shall pay the creditor that portion of the debtor's nonexempt disposable earnings to which the creditor is entitled, minus the fee under s. 812.33 (2). The creditor shall apply the actual amount received from the garnishee to the unsatisfied civil judgment.

AB64,2233 Section 2233. 815.18 (3) (o) of the statutes is amended to read:

AB64,905,25 815.18 (3) (o) Tuition units. Tuition units purchased under s. 16.64 224.48.

AB64,2234 Section 2234. 815.18 (3) (p) of the statutes is amended to read:

AB64,906,3 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 16.641 224.50.

AB64,2235 Section 2235. 846.167 (2) (a) of the statutes is amended to read:

AB64,906,9 846.167 (2) (a) If the purchaser is not the judgment creditor, before the court may confirm the sale, the purchaser shall provide the judgment creditor with any information required for the judgment creditor to complete the real estate transfer return under s. 77.22 and, if applicable, any information required for a certificate, waiver, or stipulation required under s. 101.122.

AB64,2236 Section 2236. 846.167 (2) (b) 2. b. of the statutes is amended to read:

AB64,906,13 846.167 (2) (b) 2. b. Any other document required for the register of deeds to record the deed, including any certificate, waiver, or stipulation required under s. 101.122.

AB64,2237 Section 2237. 846.167 (2) (c) of the statutes is amended to read:

AB64,906,18 846.167 (2) (c) No later than 10 days after the court confirms the sale, the judgment creditor shall provide to the court the receipt for submitting a transfer return under s. 77.22 and any certificate, waiver, or stipulation required under s. 101.122.

AB64,2238 Section 2238. 846.167 (3) of the statutes is amended to read:

AB64,907,2 846.167 (3) Upon the court confirming the sale of mortgaged premises located in a county and upon compliance by the purchaser with the terms of the sale and the payment of any balance of the sale price to be paid, unless otherwise ordered by the court, the clerk of the court shall transmit the deed to the mortgaged premises received under s. 846.16, the receipt for submitting a transfer return under s. 77.22, any certificate, waiver, or stipulation required under s. 101.122, the amount due under s. 59.43 (2) to record the deed and any other document required to record the deed, and the transfer fee, if any, to the register of deeds of the county.

AB64,2239 Section 2239. 895.48 (1m) (a) of the statutes is amended to read:

AB64,907,15 895.48 (1m) (a) Except as provided in par. (b), any physician, physician assistant, or podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, athletic trainer licensed under subch. III of ch. 464, emergency medical technician licensed under s. 256.15, first responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 subch. IV of ch. 464 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB64,907,19 1. The health care is rendered at the site of the event or contest, during transportation to a health care facility from the event or contest, or in a locker room or similar facility immediately before, during, or immediately after the event or contest.

AB64,907,23 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, emergency medical technician, first responder, physician assistant, registered nurse, massage therapist, or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

AB64,2240 Section 2240. 895.56 (2) (a) of the statutes is amended to read:

AB64,908,5 895.56 (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.

AB64,2241 Section 2241. 895.56 (2) (c) of the statutes is amended to read:

AB64,908,11 895.56 (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.

AB64,2242 Section 2242. 904.15 (1) of the statutes is amended to read:

AB64,908,17 904.15 (1) Except as provided under sub. (2), no oral or written communication made in the course of providing or receiving advice or counseling under s. 93.51 or in providing or receiving assistance under s. 93.41 or 93.52 is admissible in evidence or subject to discovery or compulsory process in any judicial or administrative proceeding.

AB64,2243 Section 2243. 904.15 (2) (b) of the statutes is amended to read:

AB64,908,21 904.15 (2) (b) Subsection (1) does not apply if the person receiving advice or counseling under s. 93.51 or assistance under s. 93.41 or 93.52 consents to admission or discovery of the communication.

AB64,2244 Section 2244 . 905.015 (2) (intro.) of the statutes is amended to read:

AB64,909,2 905.015 (2) (intro.) In addition to the privilege under sub. (1), a person who is licensed as an interpreter under s. 440.032 (3) 459.42 may not disclose any aspect of a confidential communication facilitated by the interpreter unless one of the following conditions applies:

AB64,2245 Section 2245. 938.396 (2g) (o) of the statutes is amended to read:

AB64,909,10 938.396 (2g) (o) Criminal history record search. If a juvenile is adjudged delinquent for committing a serious crime, as defined in s. 48.685 (1) (c) or 48.686 (1) (c), the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a criminal history record search under s. 48.685 (2) (am) 1. or (b) 1. a. 1m. or s. 48.686 (2) (am).

AB64,2246 Section 2246 . 938.485 (4) of the statutes is amended to read:

AB64,909,19 938.485 (4) Reimbursement of tribes and counties for tribal delinquency placements. Reimburse Indian tribes and county departments, from the appropriation under s. 20.437 (1) (kp) (kz), for unexpected or unusually high-cost out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts. In this subsection, “unusually high-cost out-of-home care placements" means the amount by which the cost to an Indian tribe or to a county department of out-of-home care placements of Indian juveniles who have been adjudicated delinquent by tribal courts exceeds $50,000 in a fiscal year.

AB64,2247 Section 2247. 938.78 (2) (g) of the statutes is amended to read:

AB64,910,8 938.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or, 457, or 464. Unless authorized by an order of the court, the department of safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB64,2248 Section 2248 . 944.21 (8) (b) 3. a. of the statutes is amended to read:

AB64,910,12 944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 department of safety and professional services under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64,2249 Section 2249 . 946.15 of the statutes is repealed.

AB64,2250 Section 2250 . 948.11 (4) (b) 3. a. of the statutes is amended to read:

AB64,910,17 948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 38.50 department of safety and professional services under s. 440.52, or is a school described in s. 38.50 440.52 (1) (e) 6., 7. or 8.; and

AB64,2251 Section 2251. 950.04 (1v) (f) of the statutes is amended to read:

AB64,910,20 950.04 (1v) (f) To have the parole commission department make a reasonable attempt to notify the victim of applications for parole, as provided under s. 304.06 (1).

AB64,2252 Section 2252. 967.06 (3) of the statutes is amended to read:

AB64,911,3 967.06 (3) In any case in which the state public defender provides representation to an indigent person, the public defender may request that the applicable court reporter or clerk of circuit court prepare and transmit any transcript or court record. The request shall be complied with. The state public defender shall, from the appropriation under s. 20.550 (1) (f) (a), compensate the court reporter or clerk of circuit court for the cost of preparing, handling, duplicating, and mailing the documents.

AB64,2253 Section 2253. 970.05 (2) (b) of the statutes is amended to read:

AB64,911,9 970.05 (2) (b) When a transcript is requested under sub. (1) by the state public defender or by a private attorney appointed under s. 977.08, the state public defender shall pay the cost of the original from the appropriation under s. 20.550 (1) (f) (a) and any additional copies shall be paid for at the statutory rate by the party requesting the copies.

AB64,2254 Section 2254. 971.23 (10) of the statutes is amended to read:

AB64,911,18 971.23 (10) Payment of copying costs in cases involving indigent defendants. When the state public defender or a private attorney appointed under s. 977.08 requests copies, in any format, of any item that is discoverable under this section, the state public defender shall pay any fee charged for the copies from the appropriation account under s. 20.550 (1) (f) (a). If the person providing copies under this section charges the state public defender a fee for the copies, the fee may not exceed the applicable maximum fee for copies of discoverable materials that is established by rule under s. 977.02 (9).

AB64,2255 Section 2255. 973.013 (3m) of the statutes is amended to read:

AB64,912,12 973.013 (3m) If a person who has not attained the age of 16 18 years is sentenced to the Wisconsin state prisons, the department shall place the person at a juvenile correctional facility or a secured residential care center for children and youth, unless the department determines that placement in an institution under s. 302.01 is appropriate based on the person's prior record of adjustment in a correctional setting, if any; the person's present and potential vocational and educational needs, interests and abilities; the adequacy and suitability of available facilities; the services and procedures available for treatment of the person within the various institutions; the protection of the public; and any other considerations promulgated by the department by rule. The department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). This subsection does not preclude the department from designating an adult correctional institution, other than the correctional institution authorized in s. 301.16 (1n), as a reception center for the person and subsequently transferring the person to a juvenile correctional facility or a secured residential care center for children and youth. Section 302.11 and ch. 304 apply to all persons placed in a juvenile correctional facility or a secured residential care center for children and youth under this subsection.

AB64,2256 Section 2256. 974.07 (4) (b) of the statutes is amended to read:

AB64,912,21 974.07 (4) (b) Notwithstanding the limitation on the disclosure of mailing addresses from completed information cards submitted by victims under ss. 51.37 (10) (dx), 301.046 (4) (d), 301.048 (4m) (d), 301.38 (4), 302.105 (4), 304.06 (1) (f), 304.063 (4), 938.51 (2), 971.17 (6m) (d), and 980.11 (4), the department of corrections, the parole commission, and the department of health services shall, upon request, assist clerks of court in obtaining information regarding the mailing address of victims for the purpose of sending copies of motions and notices of hearings under par. (a).

AB64,2257 Section 2257. 976.03 (23) (c) of the statutes is amended to read:

AB64,913,9 976.03 (23) (c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by 2 certified copies of the indictment returned, or information and affidavit filed, or of the complaint made to a judge, stating the offense with which the accused is charged, or of the judgment of conviction or of the sentence. The prosecuting officer, parole commission department of corrections, warden or sheriff may also attach such further affidavits and other documents in duplicate as he, she or it deems proper to be submitted with the application. One copy of the application, with the action of the governor indicated by endorsement thereon, and one of the certified copies of the indictment, complaint, information and affidavits, or of the judgment of conviction or of the sentence shall be filed in the office of the governor to remain of record in that office. The other copies of all papers shall be forwarded with the governor's requisition.

AB64,2258 Section 2258. 977.085 (1) (a) of the statutes is amended to read:

AB64,913,12 977.085 (1) (a) Private bar and staff case loads at the trial and appellate levels and expenditures of moneys under s. 20.550 (1) (b) to (d) (a) for the current fiscal year.