Wisconsin Legislature: 16,3852r

16,3836s Section 3836s. 814.69 (1) (bm) of the statutes is created to read:

814.69 (1) (bm) If a party requests that a transcript under s. 757.57 (5) be prepared within 7 days after the request and the transcript is not required by supreme court rule or statute to be prepared within that 7-day period, a fee in addition to the fee under par. (b) of 75 cents per 25-line page for the original and 25 cents for each copy. The fee under this paragraph does not apply to a request made by the state or a political subdivision of the state.

16,3836t Section 3836t. 818.05 of the statutes is amended to read:

818.05 Bond, liability of plaintiff for support. Before making the order for arrest the court or judge shall require a bond of the plaintiff, with or without sureties, to the effect that if the plaintiff fails to recover, the plaintiff will pay all costs that may be awarded to the defendant and all damages which the defendant may sustain by reason of the arrest, not exceeding the sum specified in the bond, which shall be at least $100. If the bond be executed by the plaintiff without sureties the plaintiff shall annex thereto an affidavit that the plaintiff is a resident and householder or freeholder within the state and worth double the sum specified in the bond above all of the plaintiff's debts and liabilities in property in this state not exempt from execution. The plaintiff shall be liable for support of the defendant while the defendant is in jail, as specified in s. 898.14 (1). This section does not apply to an order for arrest in an action to determine paternity or to any action under ch. 767 brought by the state or its designee.

16,3843 Section 3843. 867.035 (1) (a) (intro.) of the statutes is amended to read:

867.035 (1) (a) (intro.) Except as provided in Subject to par. (bm), the department of health and family services may collect from the property 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 sub. (2) or by lien under sub. (2m) 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., the family care benefit that is recoverable under rules promulgated under s. 46.286 (7), 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:

16,3844 Section 3844. 867.035 (1) (a) 1. of the statutes is amended to read:

867.035 (1) (a) 1. No person files a petition for administration or summary settlement or assignment of the decedent's estate within 20 days of death.

16,3845 Section 3845. 867.035 (1) (bm) (intro.) of the statutes is amended to read:

867.035 (1) (bm) (intro.) The department of health and family services may not collect by affidavit under this section from any of shall reduce the amount of its recovery under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the decedent's heirs or beneficiaries under the decedent's will to retain the following personal property of the decedent:

16,3846 Section 3846. 867.035 (1) (bm) 1. of the statutes is repealed.

16,3847 Section 3847. 867.035 (1) (bm) 2. of the statutes is amended to read:

867.035 (1) (bm) 2. Wearing apparel and jewelry held for personal use.

16,3848 Section 3848. 867.035 (1) (bm) 3. of the statutes is amended to read:

867.035 (1) (bm) 3. Household furniture, furnishings, and appliances.

16,3849 Section 3849. 867.035 (1) (bm) 4. of the statutes is repealed and recreated to read:

867.035 (1) (bm) 4. Other tangible personal property not used in trade, agriculture, or other business, not exceeding in value the amount specified in s. 861.33 (1) (a) 4.

16,3850 Section 3850. 867.035 (2) of the statutes is amended to read:

867.035 (2) A person who possesses property of a decedent shall transmit the property to the department of health and family services, if the conditions in sub. (1) (a) 1. to 4. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health and family services to administer this section showing that the conditions in sub. (1) (a) are satisfied department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub. (1) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

16,3851 Section 3851. 867.035 (2m) of the statutes is created to read:

867.035 (2m) (a) If the conditions in sub. (1) (a) 1., 2., and 4. are satisfied, the department of health and family services shall have a lien in the amount that it may recover under sub. (1) (a) on any interest in the decedent's home, as defined in s. 49.496 (1) (b), transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located. The department may enforce the lien by foreclosure in the same manner as a mortgage on real property, unless any of the following is alive:

1. The decedent's spouse.

2. A child of the decedent if the child is under age 21 or disabled, as defined in s. 49.468 (1) (a) 1.

(b) If the conditions in sub. (1) (a) 1. to 4. are satisfied, the department of health and family services shall have a lien in the amount that it may recover under sub. (1) (a) on any interest in any real property of the decedent transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located and may enforce the lien by foreclosure in the same manner as a mortgage on real property.

16,3852d Section 3852d. 885.37 (title) of the statutes is amended to read:

885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.

16,3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.

16,3852m Section 3852m. 885.37 (1) (b) of the statutes is amended to read:

885.37 (1) (b) If a municipal court has notice that a person who fits any of the criteria under par. (a) is a juvenile or parent subject to ch. 938, or who is a witness in a proceeding under ch. 938, has a language difficulty because of the inability to speak or understand English, has a hearing impairment, is unable to speak or has a speech defect, the court shall make a factual determination of whether the language difficulty or the hearing or speaking impairment is sufficient to prevent the individual from communicating with his or her attorney, reasonably understanding the English testimony or reasonably being understood in English. If the court determines that an interpreter is necessary, the court shall advise the person that he or she has a right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided for him or her at the public's expense. Any waiver of the right to an interpreter is effective only if made voluntarily in person, in open court and on the record.

16,3852r Section 3852r. 885.37 (2) of the statutes is amended to read:

885.37 (2) A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b).

16,3853g Section 3853g. 885.37 (4) (a) of the statutes is repealed and recreated to read:

885.37 (4) (a) The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.

16,3853m Section 3853m. 885.37 (5) (a) of the statutes is amended to read:

885.37 (5) (a) If a municipal court under sub. (1) (b) or (2) or an agency under sub. (3) decides to appoint an interpreter, the court or agency shall follow the applicable procedure under par. (b) or (c).

16,3860m Section 3860m. 885.38 of the statutes is created to read:

885.38 Interpreters in circuit and appellate courts. (1) In this section:

(a) "Court proceeding" means any proceeding before a court of record.

(b) "Limited English proficiency" means any of the following:

1. The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

2. The inability, due to a speech impairment, hearing loss, deafness, deaf-blindness, or other disability, to adequately hear, understand, or communicate effectively in English in a court proceeding.

1. Readily communicate with a person who has limited English proficiency.

2. Orally transfer the meaning of statements to and from English and the language spoken by a person who has limited English proficiency in the context of a court proceeding.

3. Readily and accurately interpret for a person who has limited English proficiency, without omissions or additions, in a manner that conserves the meaning, tone, and style of the original statement, including dialect, slang, and specialized vocabulary.

(2) The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the coordination, discipline, retention, and training of those interpreters.

(3) (a) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

1. A party in interest.

2. A witness, while testifying in a court proceeding.

3. An alleged victim, as defined in s. 950.02 (4).

4. A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.

5. Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.

(b) The court may appoint more than one qualified interpreter in a court proceeding when necessary.

(c) If a person with limited English proficiency, as defined in sub. (1) (b) 2., is part of a jury panel in a court proceeding, the court shall appoint a qualified interpreter for that person.

(d) If a person with limited English proficiency requests the assistance of the clerk of circuit courts regarding a legal proceeding, the clerk may provide the assistance of a qualified interpreter to respond to the person's inquiry.

(e) A qualified interpreter appointed under this subsection may, with the approval of the court, provide interpreter services outside the court room that are related to the court proceedings, including during court-ordered psychiatric or medical exams or mediation.

(f) A court may authorize the use of a qualified interpreter in actions or proceedings in addition to those specified in par. (a).

(4) (a) The court may accept the waiver of the right to a qualified interpreter by a person with limited English proficiency at any point in the court proceeding if the court advises the person of the nature and effect of the waiver and determines on the record that the waiver has been made knowingly, intelligently, and voluntarily.

(b) At any point in the court proceeding, for good cause, the person with limited English proficiency may retract his or her waiver and request that a qualified interpreter be appointed.

(5) Every qualified interpreter, before commencing his or her duties in a court proceeding, shall take a sworn oath that he or she will make a true and impartial interpretation. The supreme court may approve a uniform oath for qualified interpreters.

(6) Any party to a court proceeding may object to the use of any qualified interpreter for good cause. The court may remove a qualified interpreter for good cause.

(7) The delay resulting from the need to locate and appoint a qualified interpreter may constitute good cause for the court to toll the time limitations in the court proceeding.

(8) (a) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

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 s. 758.19 (8) for expenses paid under this subdivision.

2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

3. The supreme court shall pay the expenses in all proceedings before the supreme court.

(b) The state public defender shall pay the expenses for interpreters assisting the state public defender in representing an indigent person in preparing for court proceedings.

16,3862c Section 3862c. 891.45 of the statutes is renumbered 891.45 (2) and amended to read:

891.45 (2) In any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of heart or respiratory impairment or disease, and where the disability or death is found to be caused by heart or respiratory impairment or disease, such finding shall be presumptive evidence that such impairment or disease was caused by such employment. In this section, "municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

16,3862h Section 3862h. 891.45 (1) of the statutes is created to read:

891.45 (1) In this section:

(a) "County fire fighter" means any person employed by a county whose duties primarily include active fire suppression or prevention.

(b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

(c) "State fire fighter" means any person employed by the state whose duties primarily include active fire suppression or prevention and who is a protective occupation participant, as defined in s. 40.02 (48).

16,3862p Section 3862p. 891.455 (1) of the statutes is amended to read:

891.455 (1) In this section, "state, county, or municipal fire fighter" means a municipal fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

16,3862t Section 3862t. 891.455 (2) of the statutes is amended to read:

891.455 (2) Beginning with applications submitted by a municipal fire fighter or his or her beneficiary on May 12, 1998, in In any proceeding involving an application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 10 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of cancer, and where the disability or death is found to be caused by cancer, such finding shall be presumptive evidence that the cancer was caused by such employment.

16,3862w Section 3862w. 893.335 of the statutes is created to read:

893.335 Actions concerning property development rights. (1) In this section:

(a) "Nonprofit organization" means an organization defined in s. 94.10 (1) (b) that has jointly pursued or is currently pursuing the acquisition of property development rights with the state, a state agency, or a political subdivision.

(b) "Political subdivision" means a city, village, town, or county, or a department, division board, or other agency of a city, village, town, or county.

(c) "Property development rights" means the holder's nonpossessory interest in real property imposing any limitation or affirmative obligation the purpose of which may include retaining or protecting natural, scenic, or open space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open space use, protecting natural resources, maintaining or enhancing air or water quality, preserving a burial site, as defined in s. 157.70 (1) (b), or preserving the historical, architectural, archaeological, or cultural aspects of real property.

(d) "Value" means the amount paid for comparable property development rights in an arm's-length sale completed within 12 months before the sale in question.

(2) (a) A person who sells the property development rights for a period of 30 years or longer in real property or his or her heir or devisee shall bring an action within one year after the sale of the property development rights to recover the difference between the value of the property development rights and the sale price of those rights or be barred.

(b) A person may bring an action under this subsection only if all of the following conditions are met:

1. The purchaser is a nonprofit organization, the state, an agency of the state, or a political subdivision.

2. The amount paid for the property development rights was at least 5% below the value of the property development rights.

(c) If the transfer of the property development rights involved a gift, a person may only recover for the portion of the transfer that was not a gift.