Amendment ASA1-SB55

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 of the statutes is repealed and recreated to read: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.

SB55-ASA1,1218,20 (3) The person who has the right to bring an action under sub. (2) may request that the department of justice bring the action on behalf of the person.

SB55-ASA1,1218,25 (4) If the person under sub. (2) or the department of justice under sub. (3) is successful in obtaining a judgment under this section, the court shall include in the judgment compounded interest from the date that the property was sold, using the interest rate charged for delinquent property taxes by the county in which the property is located.

SB55-ASA1, s. 3862x Section 3862x. 893.587 of the statutes is amended to read:

SB55-ASA1,1219,8 893.587 Incest Sexual assault of a child; limitation. An action to recover damages for injury caused by incest an act that would constitute a violation of s. 948.02, 948.025, 948.06, or 948.095 shall be commenced within 2 5 years after the plaintiff discovers the fact and the probable cause, or with the exercise of reasonable diligence should have discovered the fact and the probable cause, of the injury, whichever occurs first. This section does not shorten the period to commence an action provided under s. 893.16 (1).

SB55-ASA1, s. 2039 Section 2039. 895.11 of the statutes is created to read:

SB55-ASA1,1219,12 895.11 Payments under the tobacco settlement agreement. (1) In this section, "tobacco settlement agreement" means the Attorneys General Master Tobacco Settlement Agreement of November 23, 1998.

SB55-ASA1,1219,13 (2) The state's participation in the tobacco settlement agreement is affirmed.

SB55-ASA1,1219,20 (3) All payments received and to be received by the state under the tobacco settlement agreement are the property of the state, to be used as provided by law, including a sale, assignment, or transfer of the right to receive the payments under s. 16.63. No political subdivision of the state, and no officer or agent of any political subdivision of the state, shall have or seek to maintain any claim related to the tobacco settlement agreement or any claim against any party that was released from liability by the state under the tobacco settlement agreement.

SB55-ASA1, s. 2040 Section 2040. 895.483 (title) of the statutes is amended to read:

SB55-ASA1,1219,23 895.483 (title) Civil liability exemption; regional and county local emergency response teams and their sponsoring agencies.

SB55-ASA1, s. 2041 Section 2041. 895.483 (2) of the statutes is amended to read:

SB55-ASA1,1220,4 895.483 (2) A county local emergency response team, a member of such a team and the county, city, village, or town that contracts to provide the emergency response team to the county are immune from civil liability for acts or omissions related to carrying out responsibilities pursuant to a designation under s. 166.21 (2m) (e).

SB55-ASA1, s. 2042 Section 2042. 905.015 of the statutes is amended to read:

SB55-ASA1,1220,15 905.015 Interpreters for persons with language difficulties, limited English proficiency, or hearing or speaking impairments. If an interpreter for a person with a language difficulty, limited English proficiency, as defined in s. 885.37 (1g), or a hearing or speaking impairment interprets as an aid to a communication which is privileged by statute, rules adopted by the supreme court, or the U.S. or state constitution, the interpreter may be prevented from disclosing the communication by any person who has a right to claim the privilege. The interpreter may claim the privilege but only on behalf of the person who has the right. The authority of the interpreter to do so is presumed in the absence of evidence to the contrary.

SB55-ASA1, s. 2043 Section 2043. 908.08 (1) of the statutes is amended to read:

SB55-ASA1,1220,21 908.08 (1) In any criminal trial or hearing, juvenile fact-finding hearing under s. 48.31 or 938.31 or revocation hearing under s. 302.113 (9) (am), 302.114 (9) (am), 304.06 (3), or 973.10 (2), the court or hearing examiner may admit into evidence the videotaped oral statement of a child who is available to testify, as provided in this section.

SB55-ASA1, s. 2044 Section 2044. 938.183 (3) of the statutes is amended to read:

SB55-ASA1,1221,7 938.183 (3) Except as provided in s. 973.013 (3m), the department shall place a juvenile under 15 years of age who is subject to a criminal penalty under sub. (1m) or (2) in a secured correctional facility or a secured child caring institution. When a juvenile who is subject to a criminal penalty under sub. (1m) or (2) attains the age of 17 15 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 sub. (1m) or (2) for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

SB55-ASA1, s. 2045 Section 2045. 938.185 (2) of the statutes is amended to read:

SB55-ASA1,1221,14 938.185 (2) Venue for any proceeding under s. 938.363 or, 938.365, or 938.538 (4m) (a) 2. shall be in the county where the dispositional order was issued, unless the juvenile's county of residence has changed, or the parent of the juvenile has resided in a different county of this state for 6 months. In either case, the court may, upon a motion and for good cause shown, transfer the case, along with all appropriate records, to the county of residence of the juvenile or parent.

SB55-ASA1, s. 2046 Section 2046. 938.19 (1) (d) 6. of the statutes is amended to read:

SB55-ASA1,1221,20 938.19 (1) (d) 6. The juvenile has violated the terms a condition of court-ordered supervision or aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534.

SB55-ASA1, s. 2047 Section 2047. 938.20 (2) (cm) of the statutes is amended to read:

SB55-ASA1,1222,3 938.20 (2) (cm) If the juvenile has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, the person who took the juvenile into custody may release the juvenile to the department or county department, whichever has aftercare supervision over the juvenile.

SB55-ASA1, s. 2048 Section 2048. 938.20 (7) (c) 1m. of the statutes is amended to read:

SB55-ASA1,1222,11 938.20 (7) (c) 1m. In the case of a juvenile who has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534, to the department or county department, whichever has aftercare supervision of the juvenile.

SB55-ASA1, s. 2049 Section 2049. 938.20 (8) of the statutes is amended to read:

SB55-ASA1,1223,8 938.20 (8) If a juvenile is held in custody, the intake worker shall notify the juvenile's parent, guardian, and legal custodian of the reasons for holding the juvenile in custody and of the juvenile's whereabouts unless there is reason to believe that notice would present imminent danger to the juvenile. If a juvenile who has violated the terms a condition of aftercare supervision administered by the department or a county department, a condition of the juvenile's placement in a Type 2 secured correctional facility or a Type 2 child caring institution, or a condition of the juvenile's participation in the intensive supervision program under s. 938.534 is held in custody, the intake worker shall also notify the department or county department, whichever has supervision over the juvenile, of the reasons for holding the juvenile in custody, of the juvenile's whereabouts, and of the time and place of the detention hearing required under s. 938.21. The parent, guardian, and legal custodian shall also be notified of the time and place of the detention hearing required under s. 938.21, the nature and possible consequences of that hearing, and the right to present and cross-examine witnesses at the hearing. If the parent, guardian, or legal custodian is not immediately available, the intake worker or another person designated by the court shall provide notice as soon as possible. When the juvenile is alleged to have committed a delinquent act, the juvenile shall receive the same notice about the detention hearing as the parent, guardian, or legal custodian. The intake worker shall notify both the juvenile and the juvenile's parent, guardian, or legal custodian.

SB55-ASA1, s. 2050 Section 2050. 938.205 (1) (c) of the statutes is amended to read: