SB59,1047,149
767.41
(5) (am) (intro.) Subject to pars. (bm)
and, (c),
and (d), in determining
10legal custody and periods of physical placement, the court shall consider all facts
11relevant to the best interest of the child. The court may not prefer one parent or
12potential custodian over the other on the basis of the sex or race of the parent or
13potential custodian. Subject to pars. (bm)
and, (c),
and (d), the court shall consider
14the following factors in making its determination:
SB59,2114
15Section 2114
. 767.41 (5) (d) of the statutes is created to read:
SB59,1047,2216
767.41
(5) (d) The court may not consider as a factor in determining the legal
17custody of a child whether a parent or potential custodian holds, or has applied for,
18a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject
19of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying
20patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44
21(1) (d), unless the parent or potential custodian's behavior creates an unreasonable
22danger to the child that can be clearly articulated and substantiated.
SB59,2115
23Section
2115. 767.451 (5m) (a) of the statutes is amended to read:
SB59,1048,224
767.451
(5m) (a) Subject to pars. (b)
and, (c),
and (d), in all actions to modify
25legal custody or physical placement orders, the court shall consider the factors under
1s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in
2a manner consistent with s. 767.41.
SB59,2116
3Section 2116
. 767.451 (5m) (d) of the statutes is created to read:
SB59,1048,114
767.451
(5m) (d) In an action to modify a legal custody order, the court may not
5consider as a factor in making a determination whether a parent or potential
6custodian holds, or has applied for, a registry identification card, as defined in s.
7146.44 (1) (g), is or has been the subject of a written certification, as defined in s.
8146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or
9a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential
10custodian's behavior creates an unreasonable danger to the child that can be clearly
11articulated and substantiated.
SB59,2117
12Section
2117. 767.57 (1e) (c) of the statutes is amended to read:
SB59,1048,1813
767.57
(1e) (c) The department or its designee shall collect an annual fee of
$25 14$35 from every individual receiving child support or family support payments. In
15applicable cases, the fee shall comply with all requirements under
42 USC 654 (6)
16(B). The department or its designee may deduct the fee from maintenance, child or
17family support, or arrearage payments. Fees collected under this paragraph shall
18be deposited in the appropriation account under s. 20.437 (2) (ja).
SB59,2118
19Section 2118
. 767.805 (4) (d) of the statutes is repealed.
SB59,2119
20Section 2119
. 767.89 (3) (e) of the statutes is repealed.
SB59,2120
21Section 2120
. 801.02 (1) of the statutes is amended to read:
SB59,1049,222
801.02
(1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
23personal judgment is sought is commenced as to any defendant when a summons and
24a complaint naming the person as defendant are filed with the court, provided service
1of an authenticated copy of the summons and of the complaint is made upon the
2defendant under this chapter within 90 days after filing.
SB59,2121
3Section 2121
. 801.50 (3) (b) of the statutes is amended to read:
SB59,1049,54
801.50
(3) (b) All actions relating to the validity or invalidly of a rule
or
5guidance document shall be venued as provided in s. 227.40 (1).
SB59,2122
6Section 2122
. 803.09 (1) of the statutes is amended to read:
SB59,1049,127
803.09
(1) Upon Except as provided in s. 20.9315, upon timely motion anyone
8shall be permitted to intervene in an action when the movant claims an interest
9relating to the property or transaction which is the subject of the action and the
10movant is so situated that the disposition of the action may as a practical matter
11impair or impede the movant's ability to protect that interest, unless the movant's
12interest is adequately represented by existing parties.
SB59,2123
13Section 2123
. 803.09 (2) of the statutes is amended to read:
SB59,1049,2314
803.09
(2) Upon Except as provided in s. 20.9315, upon timely motion anyone
15may be permitted to intervene in an action when a movant's claim or defense and the
16main action have a question of law or fact in common. When a party to an action
17relies for ground of claim or defense upon any statute or executive order or rule
18administered by a federal or state governmental officer or agency or upon any
19regulation, order, rule, requirement or agreement issued or made pursuant to the
20statute or executive order, the officer or agency upon timely motion may be permitted
21to intervene in the action. In exercising its discretion the court shall consider
22whether the intervention will unduly delay or prejudice the adjudication of the rights
23of the original parties.
SB59,2124
24Section 2124
. 803.09 (2m) of the statutes is repealed.
SB59,2125
25Section 2125
. 804.01 (2) (intro.) of the statutes is amended to read:
SB59,1050,3
1804.01
(2) Scope of discovery. (intro.)
Unless Except as provided in s. 20.9315
2(9), and unless otherwise limited by order of the court in accordance with the
3provisions of this chapter, the scope of discovery is as follows:
SB59,2126
4Section 2126
. 805.04 (1) of the statutes is amended to read:
SB59,1050,125
805.04
(1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an 6action may be dismissed by the plaintiff without order of court by serving and filing
7a notice of dismissal at any time before service by an adverse party of responsive
8pleading or motion or by the filing of a stipulation of dismissal signed by all parties
9who have appeared in the action. Unless otherwise stated in the notice of dismissal
10or stipulation, the dismissal is not on the merits, except that a notice of dismissal
11operates as an adjudication on the merits when filed by a plaintiff who has once
12dismissed in any court an action based on or including the same claim.
SB59,2127
13Section 2127
. 805.04 (2p) of the statutes is created to read:
SB59,1050,1714
805.04
(2p) False claims. An action filed under s. 20.9315 may be dismissed
15only by order of the court. In determining whether to dismiss the action filed under
16s. 20.9315, the court shall take into account the best interests of the parties and the
17purposes of s. 20.9315.
SB59,2128
18Section 2128
. 806.04 (11) of the statutes is amended to read:
SB59,1051,2419
806.04
(11) Parties. When declaratory relief is sought, all persons shall be
20made parties who have or claim any interest which would be affected by the
21declaration, and no declaration may prejudice the right of persons not parties to the
22proceeding. In any proceeding which involves the validity of a municipal ordinance
23or franchise, the municipality shall be made a party, and shall be entitled to be heard.
24If a statute, ordinance or franchise is alleged to be unconstitutional,
or to be in
25violation of or preempted by federal law, or if the construction or validity of a statute
1is otherwise challenged, the attorney general shall also be served with a copy of the
2proceeding and be entitled to be heard.
If a statute is alleged to be unconstitutional,
3or to be in violation of or preempted by federal law, or if the construction or validity
4of a statute is otherwise challenged, the speaker of the assembly, the president of the
5senate, and the senate majority leader shall also be served with a copy of the
6proceeding, and the assembly, the senate, and the state legislature are entitled to be
7heard. If the assembly, the senate, or the joint committee on legislative organization
8intervenes as provided under s. 803.09 (2m), the assembly shall represent the
9assembly, the senate shall represent the senate, and the joint committee on
10legislative organization shall represent the legislature. In any proceeding under this
11section in which the constitutionality, construction or application of any provision of
12ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or
13prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the
14parties, the joint committee for review of administrative rules shall be served with
15a copy of the petition and, with the approval of the joint committee on legislative
16organization, shall be made a party and be entitled to be heard.
In any proceeding
17under this section in which the constitutionality, construction or application of any
18provision of ch. 13, 20, 111, 227 or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or
19of any statute allowing a legislative committee to suspend, or to delay or prevent the
20adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the
21joint committee on legislative organization shall be served with a copy of the petition
22and the joint committee on legislative organization, the senate committee on
23organization or the assembly committee on organization may intervene as a party
24to the proceedings and be heard.
SB59,2129
25Section
2129. 806.11 (1) (intro.) of the statutes is amended to read:
SB59,1052,3
1806.11
(1) (intro.) At the time of filing the warrant provided by s. 71.74 (14),
271.91 (5), or 71.93 (8)
(b) 5. (d), the clerk of circuit court shall enter the warrant in
3the judgment and lien docket, including:
SB59,2130
4Section
2130. 806.11 (2) of the statutes is amended to read:
SB59,1052,85
806.11
(2) If a warrant provided by s. 71.74 (14), 71.91 (5), or 71.93 (8)
(b) 5. (d) 6is against several persons, the warrant shall be entered, in accordance with the
7procedure under sub. (1), in the judgment and lien docket under the name of each
8person against whom the warrant was issued.
SB59,2131
9Section
2131. 806.115 of the statutes is amended to read:
SB59,1052,14
10806.115 Filing of duplicate copy of warrant. The department of revenue
11may file in any county a duplicate copy of a warrant filed under s. 71.74 (14), 71.91
12(5), or 71.93 (8)
(b) 5. (d) and the clerk of circuit court shall enter the duplicate copy
13on the judgment and lien docket as provided in s. 806.11. When so entered, the
14duplicate copy shall have the same legal effect as the warrant filed under s. 71.91 (5).
SB59,2132
15Section 2132
. 809.13 of the statutes is amended to read:
SB59,1052,20
16809.13 Rule (Intervention). A person who is not a party to an appeal may
17file in the court of appeals a petition to intervene in the appeal. A party may file a
18response to the petition within 11 days after service of the petition. The court may
19grant the petition upon a showing that the petitioner's interest meets the
20requirements of s. 803.09 (1)
, or (2)
, or (2m).
SB59,2133
21Section
2133. 859.02 (2) (a) of the statutes is amended to read:
SB59,1053,222
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
23is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
24franchise, sales, withholding, gift, or death taxes, or on unemployment insurance
25contributions due or benefits overpaid; a claim for funeral or administrative
1expenses; a claim of this state under s. 46.27 (7g),
2017 stats., 49.496, 49.682, or
249.849; or a claim of the United States; or
SB59,2134
3Section
2134. 859.07 (2) (a) 3. of the statutes is amended to read:
SB59,1053,74
859.07
(2) (a) 3. The decedent or the decedent's spouse received services
5provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk),
6medical assistance under subch. IV of ch. 49, long-term community support services
7funded under s. 46.27 (7)
, 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.
SB59,2135
8Section
2135. 867.01 (3) (am) 4. of the statutes is amended to read:
SB59,1053,139
867.01
(3) (am) 4. Whether the decedent or the decedent's spouse received
10services provided as a benefit under a long-term care program, as defined in s. 49.496
11(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
12services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
13or 49.785.
SB59,2136
14Section
2136. 867.01 (3) (d) of the statutes is amended to read:
SB59,1053,2115
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
16notice to be given under s. 879.03. If the decedent or the decedent's spouse received
17services provided as a benefit under a long-term care program, as defined in s. 49.496
18(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
19services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
20or 49.785, the petitioner shall give notice by certified mail to the department of
21health services as soon as practicable after filing the petition with the court.
SB59,2137
22Section
2137. 867.02 (2) (am) 6. of the statutes is amended to read:
SB59,1054,223
867.02
(2) (am) 6. Whether the decedent or the decedent's spouse received
24services provided as a benefit under a long-term care program, as defined in s. 49.496
25(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
1services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
2or 49.785.
SB59,2138
3Section
2138. 867.03 (1g) (c) of the statutes is amended to read:
SB59,1054,84
867.03
(1g) (c) Whether the decedent or the decedent's spouse ever received
5services provided as a benefit under a long-term care program, as defined in s. 49.496
6(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
7services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
8or s. 49.785.
SB59,2139
9Section
2139. 867.03 (1m) (a) of the statutes is amended to read:
SB59,1054,2310
867.03
(1m) (a) Whenever an heir, trustee, person named in the will to act as
11personal representative, or person who was guardian of the decedent at the time of
12the decedent's death intends to transfer a decedent's property by affidavit under sub.
13(1g) and the decedent or the decedent's spouse ever received services provided as a
14benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical
15assistance under subch. IV of ch. 49, long-term community support services funded
16under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785, the
17heir, trustee, person named in the will to act as personal representative, or person
18who was guardian of the decedent at the time of the decedent's death shall give notice
19to the department of health services of his or her intent. The notice shall include the
20information in the affidavit under sub. (1g) and the heir, trustee, person named in
21the will to act as personal representative, or person who was guardian of the
22decedent at the time of the decedent's death shall give the notice by certified mail,
23return receipt requested.
SB59,2140
24Section
2140. 867.03 (1m) (b) of the statutes is amended to read:
SB59,1055,8
1867.03
(1m) (b) An heir, trustee, person named in the will to act as personal
2representative, or person who was guardian of the decedent at the time of the
3decedent's death who files an affidavit under sub. (1g) that states that the decedent
4or the decedent's spouse received services provided as a benefit under a long-term
5care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of
6ch. 49, long-term community support services funded under s. 46.27 (7),
2017 stats., 7or aid under s. 49.68, 49.683, 49.685, or 49.785 shall attach to the affidavit the proof
8of mail delivery of the notice required under par. (a) showing the delivery date.
SB59,2141
9Section
2141. 867.03 (2g) (b) of the statutes is amended to read:
SB59,1055,2510
867.03
(2g) (b) Property transferred under this section to or by an heir, trustee,
11person named in the will to act as personal representative, or person who was
12guardian of the decedent at the time of the decedent's death is subject to the right of
13the department of health services to recover under s. 46.27 (7g)
, 2017 stats., 49.496,
1449.682, or 49.849 an amount equal to the medical assistance that is recoverable
15under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or
1649.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to
17long-term community support services under s. 46.27
, 2017 stats., that is
18recoverable under s. 46.27 (7g) (c) 1.
, 2017 stats., and that was paid on behalf of the
19decedent or the decedent's spouse. Upon request, the heir, trustee, person named in
20the will to act as personal representative, or person who was guardian of the
21decedent at the time of the decedent's death shall provide to the department of health
22services information about any of the decedent's property that the heir, trustee,
23person named in the will to act as personal representative, or person who was
24guardian of the decedent at the time of the decedent's death has distributed and
25information about the persons to whom the property was distributed.
SB59,2142
1Section
2142. 893.33 (4r) of the statutes is amended to read:
SB59,1056,32
893.33
(4r) This section applies to liens of the department of health services
3on real property under ss. 46.27 (7g),
2017 stats., 49.496, 49.682, and 49.849.
SB59,2143
4Section 2143
. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the
5statutes is amended to read:
SB59,1056,107
SUBCHAPTER VIII
8
CLAIMS AGAINST GOVERNMENTAL
9
BODIES, OFFICERS AND EMPLOYEES
;
10STATUTORY CHALLENGES
SB59,2144
11Section 2144
. 893.825 of the statutes is repealed.
SB59,2145
12Section 2145
. 893.9815 of the statutes is created to read:
SB59,1056,15
13893.9815 False claims. An action or claim under s. 20.9315 shall be
14commenced within 10 years after the cause of the action or claim accrues or be
15barred.
SB59,2146
16Section 2146
. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
SB59,1057,317
895.48
(1m) (a) (intro.) Except as provided in par. (b), any physician, physician
18assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed
19under ch. 446, dentist
or dental therapist licensed under ch. 447, emergency medical
20services practitioner licensed under s. 256.15, emergency medical responder
21certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage
22therapist or bodywork therapist licensed under ch. 460 who renders voluntary health
23care to a participant in an athletic event or contest sponsored by a nonprofit
24corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001
25(3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s.
146.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability
2for his or her acts or omissions in rendering that care if all of the following conditions
3exist:
SB59,2147
4Section 2147
. 895.48 (1m) (a) 2. of the statutes is amended to read:
SB59,1057,95
895.48
(1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor,
6dentist,
dental therapist, emergency medical services practitioner, as defined in s.
7256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician
8assistant, registered nurse, massage therapist or bodywork therapist does not
9receive compensation for the health care, other than reimbursement for expenses.
SB59,2148
10Section 2148
. 938.02 (1) of the statutes is amended to read:
SB59,1057,1411
938.02
(1) “Adult" means a person who is 18 years of age or older
, except that
12for purposes of investigating or prosecuting a person who is alleged to have violated
13any state or federal criminal law or any civil law or municipal ordinance, “
adult" 14means a person who has attained 17 years of age.
SB59,2149
15Section 2149
. 938.02 (10m) of the statutes is amended to read:
SB59,1057,2016
938.02
(10m) “Juvenile," when used without further qualification, means a
17person who is less than 18 years of age
, except that for purposes of investigating or
18prosecuting a person who is alleged to have violated a state or federal criminal law
19or any civil law or municipal ordinance, “juvenile" does not include a person who has
20attained 17 years of age.
SB59,2150
21Section 2150
. 938.12 (2) of the statutes is amended to read:
SB59,1058,222
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
23alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 24becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
1the facts of the petition at the plea hearing or
, if the juvenile denies the facts, before
2an adjudication, the court retains jurisdiction over the case.
SB59,2151
3Section 2151
. 938.18 (2) of the statutes is amended to read:
SB59,1058,124
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
5district attorney or the juvenile or may be initiated by the court and shall contain a
6brief statement of the facts supporting the request for waiver. The petition for waiver
7of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
8delinquency and shall be filed prior to the plea hearing, except that if the juvenile
9denies the facts of the petition and becomes
17 years of age an adult before an
10adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
11the adjudication. If the court initiates the petition for waiver of jurisdiction, the
12judge shall disqualify himself or herself from any future proceedings on the case.
SB59,2152
13Section 2152
. 938.183 (3) of the statutes is amended to read:
SB59,1058,2114
938.183
(3) Placement in state prison; parole. When Subject to s. 973.013
15(3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s.
16938.183 (2), 2003 stats.,
attains the age of 17 years becomes an adult, the department
17of corrections may place the juvenile in a state prison named in s. 302.01, except that
18that department may not place any person under the age of 18 years in the
19correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a
20criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act
21committed before December 31, 1999, is eligible for parole under s. 304.06.
SB59,2153
22Section 2153
. 938.22 (2) (d) of the statutes, as affected by 2019 Wisconsin Act
23.... (this act), is repealed and recreated to read:
SB59,1059,3
1938.22
(2) (d) 1. Except as provided in subd. 2., a juvenile detention facility is
2authorized to accept juveniles for placement for more than 30 consecutive days under
3s. 938.34 (3) (f) 1. if all of the following apply:
SB59,1059,74
a. The juvenile detention facility is operated by a county, the county board of
5supervisors of which has adopted a resolution under s. 938.34 (3) (f) 3., prior to
6January 1, 2018, authorizing placement of juveniles at the juvenile detention facility
7under s. 938.34 (3) (f) for more than 30 consecutive days.
SB59,1059,98
b. The county that operates the juvenile detention facility is not awarded a
9grant under
2017 Wisconsin Act 185, section
110 (4).
SB59,1059,1610
2. After the effective date of this subdivision .... [LRB inserts date], the number
11of juveniles that may be housed at a juvenile detention facility under subd. 1. is
12limited to the number that are housed at the juvenile detention facility on that date,
13and the juvenile detention facility may not be altered or added to or repaired in excess
14of 50 percent of its assessed value. If a juvenile detention facility violates this
15subdivision, it is no longer authorized to accept juveniles for placement for more than
1630 consecutive days.
SB59,2154
17Section 2154
. 938.22 (2) (d) 1. of the statutes is renumbered 938.22 (2) (d), and
18938.22 (2) (d) (intro.), as renumbered, is amended to read:
SB59,1059,2119
938.22
(2) (d) (intro.)
Except as provided in subd. 2., a A juvenile detention
20facility is authorized to accept juveniles for placement for more than 30 consecutive
21days under s. 938.34 (3) (f) 1. if all of the following apply:
SB59,2155
22Section
2155. 938.22 (2) (d) 2. of the statutes is repealed.
SB59,2156
23Section 2156
. 938.255 (1) (intro.) of the statutes is amended to read:
SB59,1060,524
938.255
(1) Title and contents. (intro.) A petition initiating proceedings
25under this chapter, other than a petition initiating proceedings under s. 938.12,
1938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a
2person under the age of 18
".." A petition initiating proceedings under s. 938.12,
3938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a
person
4under the age of 17". juvenile." A petition initiating proceedings under this chapter
5shall specify all of the following:
SB59,2157
6Section 2157
. 938.34 (3) (f) 1. of the statutes is amended to read:
SB59,1060,137
938.34
(3) (f) 1. The placement may be for any combination of single or
8consecutive days totalling not more than 365 in a juvenile detention facility under
9s. 938.22 (2) (d)
1. and may be for no more than 30 consecutive days in any other
10juvenile detention facility, including any placement under pars. (a) to (e). The
11juvenile shall be given credit against the period of detention or nonsecure custody
12imposed under this paragraph for all time spent in secure detention in connection
13with the course of conduct for which the detention or nonsecure custody was imposed.
SB59,2158
14Section 2158
. 938.34 (3) (f) 1. of the statutes, as affected by 2019 Wisconsin
15Act .... (this act), is amended to read: