Amendment ASA1-SB55

SB55-ASA1,1208,22 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.30 (5m), 106.50 (6) (i) and (6m) (a), 115.80 (9), 281.36 (2) (b) 1., 767.33 (4) (d), 769.313, 814.025, 814.245, 895.035 (4), 895.10 (3), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

SB55-ASA1, s. 2018 Section 2018. 814.60 (2) (ai) of the statutes is amended to read:

SB55-ASA1,1208,25 814.60 (2) (ai) Consumer information protection assessment imposed by s. 100.261.

SB55-ASA1, s. 3832c Section 3832c. 814.60 (2) (eg) of the statutes is created to read:

SB55-ASA1,1209,2 814.60 (2) (eg) Truck driver education assessment imposed by s. 349.04.

SB55-ASA1, s. 3832k Section 3832k. 814.615 (1) (a) 3. of the statutes is amended to read:

SB55-ASA1,1209,4 814.615 (1) (a) 3. For a study under s. 767.11 (14), a fee of $300 $500.

SB55-ASA1, s. 3832m Section 3832m. 814.63 (1) (c) of the statutes is amended to read:

SB55-ASA1,1209,8 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar) or, (bm) , or (br) or (5) or a safety belt use violation under s. 347.48 (2m).

SB55-ASA1, s. 2019 Section 2019. 814.63 (3) (ai) of the statutes is amended to read:

SB55-ASA1,1209,11 814.63 (3) (ai) Consumer information protection assessment imposed by s. 100.261.

SB55-ASA1, s. 3834m Section 3834m. 814.63 (3) (g) of the statutes is created to read:

SB55-ASA1,1209,13 814.63 (3) (g) Truck driver education assessment imposed by s. 349.04.

SB55-ASA1, s. 3836d Section 3836d. 814.67 (1) (b) 2. of the statutes is amended to read:

SB55-ASA1,1209,15 814.67 (1) (b) 2. For interpreters, $35 per one-half day $20 per hour.

SB55-ASA1, s. 3836r Section 3836r. 814.69 (1) (b) of the statutes is amended to read:

SB55-ASA1,1209,21 814.69 (1) (b) For a transcript under s. 757.57 (5), a fee from the party requesting the transcript at the rate of $1.75 $2.25 per 25-line page for the original and 60 50 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in par. (a).

SB55-ASA1, s. 3836s Section 3836s. 814.69 (1) (bm) of the statutes is created to read:

SB55-ASA1,1210,3 814.69 (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.

SB55-ASA1, s. 2020 Section 2020. 867.035 (1) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1210,14 867.035 (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:

SB55-ASA1, s. 2021 Section 2021. 867.035 (1) (a) 1. of the statutes is amended to read:

SB55-ASA1,1210,17 867.035 (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.

SB55-ASA1, s. 2022 Section 2022. 867.035 (1) (bm) (intro.) of the statutes is amended to read:

SB55-ASA1,1210,23 867.035 (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:

SB55-ASA1, s. 2023 Section 2023. 867.035 (1) (bm) 1. of the statutes is repealed.

SB55-ASA1, s. 2024 Section 2024. 867.035 (1) (bm) 2. of the statutes is amended to read:

SB55-ASA1,1211,1 867.035 (1) (bm) 2. Wearing apparel and jewelry held for personal use.

SB55-ASA1, s. 2025 Section 2025. 867.035 (1) (bm) 3. of the statutes is amended to read:

SB55-ASA1,1211,3 867.035 (1) (bm) 3. Household furniture, furnishings , and appliances.

SB55-ASA1, s. 2026 Section 2026. 867.035 (1) (bm) 4. of the statutes is repealed and recreated to read:

SB55-ASA1,1211,8 867.035 (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.

SB55-ASA1, s. 2027 Section 2027. 867.035 (2) of the statutes is amended to read:

SB55-ASA1,1211,16 867.035 (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.

SB55-ASA1, s. 2028 Section 2028. 867.035 (2m) of the statutes is created to read:

SB55-ASA1,1211,24 867.035 (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:

SB55-ASA1,1211,25 1. The decedent's spouse.

SB55-ASA1,1212,2 2. A child of the decedent if the child is under age 21 or disabled, as defined in s. 49.468 (1) (a) 1.

SB55-ASA1,1212,8 (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.

SB55-ASA1, s. 2029 Section 2029. 885.37 (title) of the statutes is amended to read:

SB55-ASA1,1212,11 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments limited English proficiency.

SB55-ASA1, s. 2030 Section 2030. 885.37 (1) of the statutes is renumbered 885.37 (1m), and 885.37 (1m) (b), as renumbered, is amended to read:

SB55-ASA1,1212,25 885.37 (1m) (b) If a court has notice that a person who fits any of the criteria under par. (a) 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, limited English proficiency and 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.

SB55-ASA1, s. 2031 Section 2031. 885.37 (1g) of the statutes is created to read:

SB55-ASA1,1213,3 885.37 (1g) In this section, "limited English proficiency" means any of the following:

SB55-ASA1,1213,5 (a) The inability, because of the use of a language other than English, to adequately understand or communicate effectively in English in a court proceeding.

SB55-ASA1,1213,8 (b) 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.

SB55-ASA1, s. 2032 Section 2032. 885.37 (2) of the statutes is amended to read:

SB55-ASA1,1213,11 885.37 (2) A court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (1m).

SB55-ASA1, s. 2033 Section 2033. 885.37 (3) (b) of the statutes is amended to read:

SB55-ASA1,1213,25 885.37 (3) (b) In any administrative contested case proceeding before a state, county, or municipal agency, if the agency conducting the proceeding has notice that a party to the proceeding 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 agency shall make a factual determination of whether the language difficulty or hearing or speaking impairment is sufficient to prevent the party from communicating with others, reasonably understanding the English testimony or reasonably being understood in English. If the agency determines limited English proficiency and that an interpreter is necessary, the agency shall advise the party that he or she has a right to a qualified interpreter. After considering the party's ability to pay and the other needs of the party, the agency may provide for an interpreter for the party at the public's expense. Any waiver of the right to an interpreter is effective only if made at the administrative contested case proceeding.

SB55-ASA1, s. 2034 Section 2034. 885.37 (3m) of the statutes is amended to read:

SB55-ASA1,1214,4 885.37 (3m) Any agency may authorize the use of an a qualified interpreter in a contested case proceeding for a person who is not a party but who has a substantial interest in the proceeding.

SB55-ASA1, s. 2035 Section 2035. 885.37 (4) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,1214,7 885.37 (4) (a) (intro.) The necessary expense of furnishing an a qualified interpreter for an indigent person under sub. (1) (1m) or (2) shall be paid as follows:

SB55-ASA1, s. 2036 Section 2036. 885.37 (4) (b) of the statutes is amended to read:

SB55-ASA1,1214,11 885.37 (4) (b) The necessary expense of furnishing an a qualified interpreter for an indigent party under sub. (3) shall be paid by the unit of government for which the proceeding is held.

SB55-ASA1, s. 2037 Section 2037. 885.37 (5) (a) of the statutes is amended to read:

SB55-ASA1,1214,15 885.37 (5) (a) If a court under sub. (1) (1m) 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).

SB55-ASA1, s. 2038 Section 2038. 885.37 (6) to (10) of the statutes are created to read:

SB55-ASA1,1214,19 885.37 (6) (a) 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.

SB55-ASA1,1214,23 (b) A qualified interpreter appointed under this section 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.

SB55-ASA1,1215,2 (7) (a) A person with limited English proficiency may waive the right to a qualified interpreter 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.

SB55-ASA1,1215,5 (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.

SB55-ASA1,1215,8 (c) 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.

SB55-ASA1,1215,12 (8) 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.

SB55-ASA1,1215,15 (9) 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.

SB55-ASA1, s. 3862c Section 3862c. 891.45 of the statutes is renumbered 891.45 (2) and amended to read:

SB55-ASA1,1216,6 891.45 (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.

SB55-ASA1, s. 3862h Section 3862h. 891.45 (1) of the statutes is created to read:

SB55-ASA1,1216,8 891.45 (1) In this section:

SB55-ASA1,1216,10 (a) "County fire fighter" means any person employed by a county whose duties primarily include active fire suppression or prevention.

SB55-ASA1,1216,14 (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.

SB55-ASA1,1216,17 (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).

SB55-ASA1, s. 3862p Section 3862p. 891.455 (1) of the statutes is amended to read:

SB55-ASA1,1216,22 891.455 (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.

SB55-ASA1, s. 3862t Section 3862t. 891.455 (2) of the statutes is amended to read:

SB55-ASA1,1217,10 891.455 (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.

SB55-ASA1, s. 3862w Section 3862w. 893.335 of the statutes is created to read:

SB55-ASA1,1217,13 893.335 Actions concerning property development rights. (1) In this section:

SB55-ASA1,1217,16 (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.

SB55-ASA1,1217,18 (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.

SB55-ASA1,1218,2 (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.

SB55-ASA1,1218,5 (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.

SB55-ASA1,1218,10 (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 3 years 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.

SB55-ASA1,1218,12 (b) A person may bring an action under this subsection only if all of the following conditions are met:

SB55-ASA1,1218,14 1. The purchaser is a nonprofit organization, the state, an agency of the state, or a political subdivision.

SB55-ASA1,1218,16 2. The amount paid for the property development rights was at least 5% below the value of the property development rights.

SB55-ASA1,1218,18 (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.