1997 Wisconsin Act 27

779.80 (5) Such lien shall The lien under this section does not in any way prejudice or interfere with any lien or contract which that may be made by such the injured person or legal representatives with any attorney or attorneys for legal services rendered with respect to the claim of the injured person or legal representatives against the person alleged to be liable for such the injury. Said lien shall also be subservient to actual Actual taxable court costs, and actual disbursements made by the attorney in prosecuting the court action have priority over the lien under this section.

27,5165x Section 5165x. 779.80 (6) of the statutes is amended to read:

779.80 (6) No hospital is A health care provider is not entitled to any lien under this section if the person injured is eligible for compensation under ch. 102 or any other worker's compensation act.

27,5165y Section 5165y. 799.24 (1) of the statutes is amended to read:

799.24 (1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk of circuit court shall enter the judgment in the judgment and lien docket.

27,5166 Section 5166 . 800.02 (2) (a) 8. of the statutes is amended to read:

800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

27,5167 Section 5167 . 800.02 (3) (a) 5. of the statutes is amended to read:

800.02 (3) (a) 5. A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the ordinance, resolution or bylaw upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable domestic abuse assessment and such other relief that is sought by the plaintiff.

27,5168 Section 5168 . 800.03 (3) of the statutes is amended to read:

800.03 (3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 165.87, any jail assessment that would be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under s. 165.755 and any domestic abuse assessment that would be applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s. 814.65 (1).

27,5169 Section 5169 . 800.04 (2) (b) of the statutes is amended to read:

800.04 (2) (b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 165.87, any jail assessment that would be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under s. 165.755 and any domestic abuse assessment that would be applicable under s. 973.055 (1). If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

27,5170 Section 5170 . 800.04 (2) (c) of the statutes is amended to read:

800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

27,5171 Section 5171 . 800.09 (1) (intro.) of the statutes is amended to read:

800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty it may render judgment by ordering restitution under s. 800.093 and payment of a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments and costs. If the judgment is not paid, the court may proceed under par. (a), (b) or (c) or any combination of those paragraphs, as follows:

27,5172 Section 5172 . 800.09 (1) (a) of the statutes is amended to read:

800.09 (1) (a) The court may defer payment of any judgment or provide for instalment payments. At the time the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. (c), if applicable. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.

27,5173 Section 5173 . 800.09 (2) (b) of the statutes is amended to read:

800.09 (2) (b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, together with the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. Any money remaining after payment of any penalties, assessments, costs and restitution shall be refunded to the person who made the deposit.

27,5174 Section 5174 . 800.12 (2) of the statutes is amended to read:

800.12 (2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87 and, jail assessment under s. 302.46 and crime laboratories and drug law enforcement assessment under s. 165.755 and any applicable domestic abuse assessment under s. 973.055 (1), a jail sentence not to exceed 7 days.

27,5175g Section 5175g. 806.10 (1) (intro.) of the statutes is amended to read:

806.10 (1) (intro.) At the time of entry of a judgment directing in whole or in part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b), the clerk of circuit court shall enter the judgment in the judgment and lien docket, arranged alphabetically, including all of the following:

27,5175m Section 5175m. 806.10 (3) of the statutes is amended to read:

806.10 (3) Every clerk of circuit court who enters a judgment or decree and enters upon the judgment and lien docket a date or time other than that of its actual entry or neglects to enter the same at the proper time shall be liable in treble damages to the party injured.

27,5176g Section 5176g. 813.123 (5) (a) 3. a. of the statutes is amended to read:

813.123 (5) (a) 3. a. That the respondent has interfered with, or based upon prior conduct of the respondent may interfere with, an investigation of the vulnerable adult under s. 55.043 and that the interference complained of, if continued, would make it difficult to determine if abuse, neglect or misappropriation of property or abuse or neglect is occurring or may recur.

27,5184 Section 5184 . 814.03 (3) of the statutes is created to read:

814.03 (3) Notwithstanding subs. (1) and (2), where the department of health and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and 803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where the interests of the department of health and family services or of the county are represented under s. 803.03 (2) (b) by the party who caused the joinder, the department of health and family services or the county shall not be liable for costs to any prevailing defendant.

27,5185 Section 5185 . 814.60 (2) (an) of the statutes is created to read:

814.60 (2) (an) Crime laboratories and drug law enforcement assessment imposed under s. 165.755.

27,5186 Section 5186 . 814.60 (2) (cg) of the statutes is created to read:

814.60 (2) (cg) Enforcement assessment imposed by s. 253.06 (4) (c).

27,5187 Section 5187 . 814.61 (12) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,5188 Section 5188 . 814.61 (12) (b) (intro.) of the statutes is amended to read:

814.61 (12) (b) Maintenance payments and support. (intro.) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk may not deduct the annual fee from the maintenance or support payment, but:

27,5189 Section 5189 . 814.61 (12) (cm) of the statutes is repealed.

27,5189p Section 5189p. 814.61 (13) of the statutes is amended to read:

814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148, 49.153 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or 49.47 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

27,5190 Section 5190 . 814.612 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,5191 Section 5191 . 814.612 (intro.) of the statutes is amended to read:

814.612 Fees of designee for receiving and disbursing support. (intro.) In a county that has designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the support collection designee, for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.07 (97m) (b) 1. 59.53 (5m) (b) 1., shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:

27,5192 Section 5192 . 814.63 (3) (am) of the statutes is created to read:

814.63 (3) (am) Crime laboratories and drug law enforcement assessment imposed under s. 165.755.

27,5193 Section 5193 . 814.63 (3) (bg) of the statutes is created to read:

814.63 (3) (bg) Enforcement assessment imposed by s. 253.06 (4) (c).

27,5194 Section 5194 . 814.635 (1) of the statutes is amended to read:

814.635 (1) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $5 $7 justice information system fee 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 fee is in addition to the other fees listed in this section.

27,5194m Section 5194m. 814.65 (1) of the statutes is amended to read:

814.65 (1) Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons or the action is tried as a contested matter. Of each $15 fee received by the judge under this subsection, the municipal treasurer shall pay monthly one-third $5 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.

27,5195g Section 5195g. 814.705 (intro.) of the statutes is renumbered 814.705 (1) (intro.).

27,5195m Section 5195m. 814.705 (1), (2), (3) and (4) of the statutes are renumbered 814.705 (1) (a), (b), (c) and (d).

27,5195r Section 5195r. 814.705 (2) of the statutes is created to read:

814.705 (2) With respect to sheriff's fees for the sale of real estate under s. 814.70 (9), the county board may establish a higher fee in an amount not to exceed $150.

27,5197s Section 5197s. 823.08 (3) (c) of the statutes is created to read:

823.08 (3) (c) 1. Subject to subd. 2., if a court requests the department of agriculture, trade and consumer protection or the department of natural resources for suggestions under par. (b) 2. a., the department of agriculture, trade and consumer protection or the department of natural resources shall advise the court concerning the relevant provisions of the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).

2. If the agricultural use or agricultural practice alleged to be a nuisance was begun before the effective date of this subdivision .... [revisor inserts date], a department may advise the court under subd. 1. only if the department determines that cost-sharing is available to the defendant under s. 92.14, 281.16 (5) or 281.65 or from any other source.

27,5198 Section 5198 . 823.115 (1) of the statutes is amended to read:

823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

27,5200f Section 5200f. 846.04 of the statutes is renumbered 846.04 (1) and amended to read:

846.04 (1) The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage. Judgment may be rendered for any deficiency remaining after applying the proceeds of sale to the amount due. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the confirmation of sale. The judgment for deficiency shall be entered in the judgment and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases. A mortgage foreclosure deficiency judgment entered on property devoted primarily to agricultural use, as defined in s. 91.01 (5), on and after the effective date of this subsection .... [revisor inserts date], shall be recorded as an agriculture judgment.

27,5200g Section 5200g. 846.04 (2) of the statutes is created to read:

846.04 (2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.

27,5200h Section 5200h. 846.04 (3) of the statutes is created to read:

846.04 (3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1990, on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 2 years after the effective date of this subsection .... [revisor inserts date], or be barred. If the deficiency judgment remains unsatisfied in a mortgage foreclosure deficiency judgment action entered before the effective date of this subsection .... [revisor inserts date], the defendant in that action shall notify the clerk of circuit court of the existence of that deficiency judgment and of the date that an action on that deficiency judgment shall be commenced or be barred. Not later than 60 days prior to 2 years after the effective date of this subsection .... [revisor inserts date], if notified of an unsatisfied deficiency judgment by the defendant in that action, the clerk of each circuit court in which a mortgage foreclosure deficiency judgment on property devoted primarily to agricultural use, as defined in s. 91.01 (5), was entered before January 1, 1990, and remains unsatisfied, shall, upon payment by the defendant in that action of the costs of the publication and certified mail, do all of the following:

(a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper of the county where the mortgage foreclosure deficiency judgment was entered, stating that the party holding the mortgage foreclosure deficiency judgment is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.

(b) Notify by certified mail the primary plaintiff in the action for the mortgage foreclosure deficiency judgment that the plaintiff is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.

27,5201 Section 5201 . 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03 (1g) (intro.), as renumbered, is amended to read:

867.03 (1g) Generally. (intro.) When a decedent leaves solely owned property in this state which does not exceed $10,000 in value, any heir of the decedent or person who was guardian of the decedent at the time of the decedent's death may collect any money due the decedent, receive the property of the decedent if it is not an interest in or lien on real property and have any evidence of interest, obligation to or right of the decedent transferred to the affiant upon furnishing the person owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, obligation to or right, with proof of prior mailed notice under sub. (1m) if applicable and with an affidavit in duplicate showing all of the following:

27,5202 Section 5202 . 867.03 (1c) of the statutes is created to read:

867.03 (1c) Definition. In this section, “guardian" has the meaning given in s. 880.01 (3).

27,5203 Section 5203 . 867.03 (1m) (a) of the statutes is amended to read:

867.03 (1m) (a) Whenever an heir 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. (1) (1g) and the decedent or the decedent's spouse ever received 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, the heir or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health and family services of his or her intent. The notice shall include the information in the affidavit under sub. (1) (1g) and the heir 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.

27,5204 Section 5204 . 867.03 (1m) (b) of the statutes is amended to read:

867.03 (1m) (b) An heir or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1) (1g) that states that the decedent or the decedent's spouse received 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 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir or person who was guardian of the decedent at the time of the decedent's death files the affidavit.

27,5205 Section 5205 . 867.03 (2) of the statutes is amended to read:

867.03 (2) Release of liability of transferor. Upon the transfer to the heir or person who was guardian of the decedent at the time of the decedent's death furnishing the affidavit with an attached proof of mail delivery if required under sub. (1m) (b), the transferor is released to the same extent as if the transfer had been made to the personal representative of the estate of the decedent.

27,5206 Section 5206 . 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a) (intro.) and amended to read:

867.035 (1) (a) (intro.) The Except as provided in par. (bm), the department of health and family services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent, including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

27,5207 Section 5207 . 867.035 (1) (a), (am) and (b) of the statutes are renumbered 867.035 (1) (a) 1., 2. and 3.

27,5208 Section 5208 . 867.035 (1) (bm) of the statutes is created to read:

867.035 (1) (bm) The department of health and family services may not collect by affidavit under this section from any of the following property of the decedent:

1. Interests in or liens on real property.

2. Wearing apparel and jewelry.

3. Household furniture, furnishings and appliances.

4. Motor vehicles and recreational vehicles.

27,5209 Section 5209 . 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4. and amended to read: