Amendment ASA1-AB100

AB100-ASA1, s. 5195g Section 5195g. 814.705 (intro.) of the statutes is renumbered 814.705 (1) (intro.).

AB100-ASA1, s. 5195m Section 5195m. 814.705 (1), (2), (3) and (4) of the statutes are renumbered 814.705 (1) (a), (b), (c) and (d).

AB100-ASA1, s. 5195r Section 5195r. 814.705 (2) of the statutes is created to read:

AB100-ASA1,1886,4 814.705 (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.

AB100-ASA1, s. 5197s Section 5197s. 823.08 (3) (c) of the statutes is created to read:

AB100-ASA1,1886,11 823.08 (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).

AB100-ASA1,1886,16 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.

AB100-ASA1, s. 3620 Section 3620. 823.115 (1) of the statutes is amended to read:

AB100-ASA1,1887,5 823.115 (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.

AB100-ASA1, s. 3621 Section 3621. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03 (1g) (intro.), as renumbered, is amended to read:

AB100-ASA1,1887,17 867.03 (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:

AB100-ASA1, s. 3622 Section 3622. 867.03 (1c) of the statutes is created to read:

AB100-ASA1,1887,20 867.03 (1c) Definition. In this section, "guardian" has the meaning given in s. 880.01 (3).

AB100-ASA1, s. 3623 Section 3623. 867.03 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1888,6 867.03 (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.

AB100-ASA1, s. 3624 Section 3624. 867.03 (1m) (b) of the statutes is amended to read:

AB100-ASA1,1888,15 867.03 (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.

AB100-ASA1, s. 3625 Section 3625. 867.03 (2) of the statutes is amended to read:

AB100-ASA1,1888,21 867.03 (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.

AB100-ASA1, s. 3626 Section 3626. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a) (intro.) and amended to read:

AB100-ASA1,1889,9 867.035 (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:

AB100-ASA1, s. 3627 Section 3627. 867.035 (1) (a), (am) and (b) of the statutes are renumbered 867.035 (1) (a) 1., 2. and 3.

AB100-ASA1, s. 3628 Section 3628. 867.035 (1) (bm) of the statutes is created to read:

AB100-ASA1,1889,14 867.035 (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:

AB100-ASA1,1889,15 1. Interests in or liens on real property.

AB100-ASA1,1889,16 2. Wearing apparel and jewelry.

AB100-ASA1,1889,17 3. Household furniture, furnishings and appliances.

AB100-ASA1,1889,18 4. Motor vehicles and recreational vehicles.

AB100-ASA1, s. 3629 Section 3629. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4. and amended to read:

AB100-ASA1,1889,23 867.035 (1) (a) 4. The value of the solely owned property in this state left by the decedent, after payment of burial costs, does not exceed the amount under s. 867.03 (1) (1g) (intro.).

AB100-ASA1, s. 3630 Section 3630. 867.035 (2) of the statutes is amended to read:

AB100-ASA1,1890,6 867.035 (2) A person who possesses property of a decedent shall transmit the property to the department of health and family services 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. Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

AB100-ASA1, s. 3631 Section 3631. 867.035 (4) of the statutes is amended to read:

AB100-ASA1,1890,15 867.035 (4) From the appropriation under s. 20.435 (1) (5) (im), with respect to funds collected by the department under sub. (1) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health and family services shall pay claims under sub. (3), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits under subch. IV of ch. 49.

AB100-ASA1, s. 5212g Section 5212g. 885.237 (title) of the statutes is amended to read:

AB100-ASA1,1890,18 885.237 (title) Presumption Presumptions as to operation and registration of motor vehicle.

AB100-ASA1, s. 5212j Section 5212j. 885.237 of the statutes is renumbered 885.237 (1).

AB100-ASA1, s. 5212k Section 5212k. 885.237 (2) of the statutes is created to read:

AB100-ASA1,1891,2 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile, station wagon or any other vehicle having a gross vehicle weight rating of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary operation plate or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle.

AB100-ASA1, s. 3632 Section 3632. 887.23 (1) of the statutes is amended to read:

AB100-ASA1,1891,17 887.23 (1) Who may require. The department of health and social services, the department of corrections, the department of education state superintendent of public instruction or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

AB100-ASA1, s. 3633 Section 3633. 893.80 (8) of the statutes is amended to read:

AB100-ASA1,1891,20 893.80 (8) This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100-ASA1, s. 3634 Section 3634. 895.035 (2m) (b) of the statutes is amended to read:

AB100-ASA1,1892,10 895.035 (2m) (b) If a child fails to pay a forfeiture or surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the child will not pay the forfeiture or surcharge as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or surcharge unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or surcharge is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB100-ASA1, s. 3635 Section 3635. 895.035 (2m) (bm) 1. of the statutes is amended to read:

AB100-ASA1,1892,25 895.035 (2m) (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or , forfeiture or surcharge unpaid, but not as to the amount of the restitution or , forfeiture or surcharge originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or, forfeiture or surcharge and the ability of the child or the parent to pay the restitution or, forfeiture or surcharge. In considering the ability of the child or the parent to pay the restitution or, forfeiture or surcharge, the court may consider the assets, as well as the income, of the child or the parent and may consider the future ability of the child or parent to pay the restitution or, forfeiture or surcharge within the time specified in s. 893.40.

AB100-ASA1, s. 3636 Section 3636. 895.035 (2m) (c) of the statutes is amended to read:

AB100-ASA1,1893,18 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or, forfeiture or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.

AB100-ASA1, s. 3637 Section 3637. 895.055 (3) of the statutes is amended to read:

AB100-ASA1,1893,23 895.055 (3) This section does not apply to any promise, agreement, note, bill, bond, mortgage, conveyance or other security that is permitted under chs. 561 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

AB100-ASA1, s. 3638 Section 3638. 895.056 (4) of the statutes is amended to read:

AB100-ASA1,1894,3 895.056 (4) This section does not apply to any property that is permitted to be played, bet or wagered under chs. 561 562 to 569 or under state or federal laws relating to the conduct of gaming on Indian lands.

AB100-ASA1, s. 5227g Section 5227g. 895.57 (3) of the statutes is amended to read:

AB100-ASA1,1894,10 895.57 (3) Subsection (2) does not apply to any humane officer, local health officer, peace officer, employe of the department of natural resources while on any land licensed under s. 29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade and consumer protection if the officer's or employe's acts are in good faith and in an apparently authorized and reasonable fulfillment of his or her duties.

AB100-ASA1, s. 3639 Section 3639. 938.02 (2m) of the statutes is amended to read:

AB100-ASA1,1894,16 938.02 (2m) "Court", when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with reference to a juvenile who is subject to s. 938.183 (2), a court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal court.

AB100-ASA1, s. 3640 Section 3640. 938.02 (10) of the statutes is amended to read:

AB100-ASA1,1894,22 938.02 (10) "Judge", if used without further qualification, means the judge of the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used with reference to a juvenile who is subject to s. 938.183 (2), the judge of the court of criminal jurisdiction or, when used with reference to a juvenile who is subject to s. 938.17 (2), the judge of the municipal court.

AB100-ASA1, s. 3641 Section 3641. 938.06 (1) (a) 1. of the statutes is amended to read:

AB100-ASA1,1895,13 938.06 (1) (a) 1. In counties with a population of 500,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). The director is the chief administrative officer of the center and of the intake and probation sections and secure detention facilities of the center except as otherwise provided in this subsection. The director is charged with administration of the personnel and services of the sections and of the secure detention facilities, and is responsible for supervising both the operation of the physical plant and the maintenance and improvement of the buildings and grounds of the center. The center shall include investigative services for all juveniles alleged to be in need of protection or services to be provided by the county department, and. The center shall also include the services of an assistant district attorney or assistant corporation counsel or both, who shall be assigned to the center to provide investigative as well as legal work in the cases under this chapter and ch. 48.

AB100-ASA1, s. 3642 Section 3642. 938.06 (1) (a) 2. of the statutes is amended to read:

AB100-ASA1,1895,21 938.06 (1) (a) 2. The chief judge of the judicial administrative district shall formulate written judicial policy governing intake and court services for juvenile matters under this chapter and the director shall be charged with executing the judicial policy. The chief judge shall direct and supervise the work of all personnel of the court, except the work of the district attorney or corporation counsel assigned to the court. The chief judge may delegate his or her supervisory functions under s. 938.065 (1).

AB100-ASA1, s. 3643 Section 3643. 938.06 (1) (am) 1. of the statutes is amended to read:

AB100-ASA1,1896,4 938.06 (1) (am) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, shall have the qualifications required to perform entry level social work in a county department and shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-ASA1, s. 3644 Section 3644. 938.06 (1) (am) 2. of the statutes is amended to read:

AB100-ASA1,1896,8 938.06 (1) (am) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

AB100-ASA1, s. 3645 Section 3645. 938.06 (2) (a) of the statutes is amended to read:

AB100-ASA1,1896,20 938.06 (2) (a) In counties having less than 500,000 population, the county board of supervisors shall authorize the county department or court or both to provide intake services required by s. 938.067 and the staff needed to carry out the objectives and provisions of this chapter under s. 938.069. Intake services under this chapter shall be provided by employes of the court or county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for recommending the filing of a petition and entering into a deferred prosecution agreement, by general written policies which shall be formulated by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB100-ASA1, s. 3646 Section 3646. 938.06 (2) (am) 1. of the statutes is amended to read:

AB100-ASA1,1896,25 938.06 (2) (am) 1. Notwithstanding par. (a), any county which had intake services under this chapter subcontracted from the county sheriff's department on April 1, 1980, may continue to subcontract those intake services from the county sheriff's department.

AB100-ASA1, s. 3647 Section 3647. 938.06 (2) (am) 2. of the statutes is amended to read:

AB100-ASA1,1897,11 938.06 (2) (am) 2. Notwithstanding par. (a), any county in which the county sheriff's department operates a secure detention facility may subcontract intake services under this chapter from the county sheriff's department as provided in this subdivision. If a county subcontracts intake services under this chapter from the county sheriff's department, employes of the county sheriff's department who staff the secure detention facility may make secure custody determinations under s. 938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s. 938.208 made by an employe of the county sheriff's department shall be reviewed by an intake worker employed by the court or county department within 24 hours after that determination is made.

AB100-ASA1, s. 3648 Section 3648. 938.06 (2) (b) 1. of the statutes is amended to read:

AB100-ASA1,1897,23 938.06 (2) (b) 1. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, excluding county sheriff's department employes who provide intake services under par. (am) 2., shall have the qualifications required to perform entry level social work in a county department. All intake workers beginning providing services under this chapter who begin employment after May 15, 1980, including county sheriff's department employes who provide intake services under par. (am) 2., shall have successfully completed 30 hours of intake training approved or provided by the department prior to the completion of the first 6 months of employment in the position. The department shall monitor compliance with this subdivision according to rules promulgated by the department.

AB100-ASA1, s. 3649 Section 3649. 938.06 (2) (b) 2. of the statutes is amended to read:

AB100-ASA1,1898,3 938.06 (2) (b) 2. The department shall make training programs available annually that permit intake workers providing services under this chapter to satisfy the requirements specified under subd. 1.

AB100-ASA1, s. 3650 Section 3650. 938.183 (1m) (c) of the statutes is amended to read:

AB100-ASA1,1898,8 938.183 (1m) (c) If the juvenile is convicted of a lesser offense and if any of the conditions specified in s. 938.183 (2) (a) 1. or 2. sub. (2) (a) or (b) applies, the court of criminal jurisdiction may impose a criminal penalty or a disposition specified in s. 938.34.

AB100-ASA1, s. 3651 Section 3651. 938.183 (2) (a) of the statutes is renumbered 938.183 (2).

AB100-ASA1, s. 3652 Section 3652. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and amended to read:

AB100-ASA1,1898,18 938.183 (3) When a juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile in a state prison named in s. 302.01. If a juvenile who is subject to a criminal penalty under sub. (1m) or (2) is 15 years of age or over, the department may transfer the juvenile to the Racine youthful offender correctional facility named in s. 302.01 as provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under par. (a) sub. (1m) or (2) is eligible for parole under s. 304.06.

AB100-ASA1, s. 3653 Section 3653. 938.183 (2) (c) of the statutes is renumbered 938.183 (4) and amended to read:

AB100-ASA1,1899,2 938.183 (4) If the juvenile is placed outside the juvenile's home under this subsection section, the order shall contain, a designation of the amount of support, if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the support obligation begins on the date of the placement, or a referral to the county designee child support agency under s. 59.07 (97) 59.53 (5) for establishment of child support.

AB100-ASA1, s. 3654 Section 3654. 938.22 (7) (a) of the statutes is amended to read:

AB100-ASA1,1899,11 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1). To obtain a license under s. 48.66 (1) to operate a shelter care facility, a person must meet the minimum requirements for a license established by the department of health and family services under s. 48.67 and pay the license fee under par. (b). A license issued under s. 48.66 (1) to operate a shelter care facility is valid for 2 years after the date of issuance, unless sooner revoked or suspended until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB100-ASA1, s. 3655 Section 3655. 938.22 (7) (b) of the statutes is amended to read:

AB100-ASA1,1899,20 938.22 (7) (b) Before the department of health and family services may issue a license under s. 48.66 (1) to operate a shelter care facility, the shelter care facility must pay to that department a biennial fee of $50 $55, plus a biennial fee of $15 $16.50 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to renew continue a license issued under s. 48.66 (1) shall pay the fee under this paragraph by the renewal continuation date of the license. A new shelter care facility shall pay the fee under this paragraph by no later than 30 days before the opening of the shelter care facility.

AB100-ASA1, s. 3656 Section 3656. 938.22 (7) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read: