Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 3828jr Section 3828jr. 802.06 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1330,21 802.06 (1) When presented. Except as provided in sub. (1m) or when a court dismisses an action or special proceeding under s. 802.05 (3), a defendant shall serve an answer within 45 days after the service of the complaint upon the defendant. If Except as provided in sub. (1m), if a guardian ad litem is appointed for a defendant, the guardian ad litem shall have 45 days after appointment to serve the answer. A party served with a pleading stating a cross-claim against the party shall serve an answer thereto within 45 days after the service upon the party. The plaintiff shall serve a reply to a counterclaim in the answer within 45 days after service of the answer. The state or an agency of the state or an officer, employee or agent of the state shall serve an answer to the complaint or to a cross-claim or a reply to a counterclaim within 45 days after service of the pleading in which the claim is asserted. If any pleading is ordered by the court, it shall be served within 45 days after service of the order, unless the order otherwise directs. The service of a motion permitted under sub. (2) alters these periods of time as follows, unless a different time is fixed by order of the court: if the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within 10 days after notice of the court's action; or if the court grants a motion for a more definite statement, the responsive pleading shall be served within 10 days after the service of the more definite statement.

SB55-ASA1-AA1, s. 3828js Section 3828js. 802.06 (1m) of the statutes is created to read:

SB55-ASA1-AA1,1331,2 802.06 (1m) Enforcement of lien or security interest. If the proceeding is to foreclose or otherwise enforce a lien or security interest, the defendant or guardian ad litem shall serve an answer within 20 days after the service of the complaint upon the defendant or 20 days after appointment of the guardian ad litem.

SB55-ASA1-AA1, s. 3828jt Section 3828jt. 802.06 (6) of the statutes is amended to read:

SB55-ASA1-AA1,1331,10 802.06 (6) Motion to strike. Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted upon motion made by a party within 45 days after the service of the pleading upon the party, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, scandalous or indecent matter.

SB55-ASA1-AA1, s. 3828jv Section 3828jv. 802.09 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1331,21 802.09 (1) Amendments. A party may amend the party's pleading once as a matter of course at any time within 6 months after the summons and complaint are filed or within the time set in a scheduling order under s. 802.10. Otherwise a party may amend the pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given at any stage of the action when justice so requires. A party shall plead in response to an amended pleading within 45 days after service of the amended pleading, or within 20 days after the service if the proceeding is to foreclose or otherwise enforce a lien or security interest, unless (a) the court otherwise orders or (b) no responsive pleading is required or permitted under s. 802.01 (1).".

SB55-ASA1-AA1,1331,22 1755. Page 1208, line 2: after that line insert:

SB55-ASA1-AA1,1331,23 " Section 3832j. 814.615 (1) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1332,2 814.615 (1) (a) 1. For the first mediation session conducted upon referral under s. 767.11 (5), no a fee of $100.".

SB55-ASA1-AA1,1332,3 1756. Page 1208, line 4: after that line insert:

SB55-ASA1-AA1,1332,4 " Section 3832L. 814.615 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1332,15 814.615 (2) In lieu of the any fee under sub. (1) (a) 2. or 3., a county may establish a fee schedule to recover its reasonable costs of providing family court counseling services under s. 767.11. A fee schedule established under this subsection may apply in lieu of the fee any or all fees under sub. (1) (a) 2. or 3. or both, and shall require no fee for the first mediation session conducted upon referral under s. 767.11 (5);, shall provide for payment for any other services based on the parties' ability to pay; and, and shall take into account the fees the county collects under s. 814.61 (1) (b) and (7) (b). Fees shall be based on services actually provided. The county may not collect a single fee applicable without regard to the number of sessions or services provided. Subject to sub. (3), the county shall provide family court counseling services to the parties even if both parties are unable to pay.".

SB55-ASA1-AA1,1332,16 1757. Page 1208, line 14: delete lines 14 and 15 and substitute:

SB55-ASA1-AA1,1332,17 " Section 3836dd. 814.67 (1) (am) of the statutes is created to read:

SB55-ASA1-AA1,1332,18 814.67 (1) (am) For witnesses attending before a circuit court, $16 per day.

SB55-ASA1-AA1, s. 3836f Section 3836f. 814.67 (1) (b) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1332,21 814.67 (1) (b) (intro.) For attending before any other court the court of appeals or the supreme court:

SB55-ASA1-AA1, s. 3836g Section 3836g. 814.67 (1) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,1332,24 814.67 (1) (b) 2. For interpreters, $35 per one-half day a fee determined by the supreme court.".

SB55-ASA1-AA1,1333,1 1758. Page 1209, line 3: after that line insert:

SB55-ASA1-AA1,1333,2 " Section 3838sg. 823.08 (3) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,1333,9 823.08 (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 environmental management for suggestions under par. (b) 2. a., the department of agriculture, trade and consumer protection or the department of natural resources environmental management shall advise the court concerning the relevant provisions of the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).

SB55-ASA1-AA1, s. 3836sj Section 3836sj. 823.085 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1333,16 823.085 (2) (intro.) In any action finding a solid waste facility or the operation of a solid waste facility to be a public or private nuisance, if the solid waste facility was licensed under s. 289.31 (1) and was operated in substantial compliance with the license, the plan of operation for the solid waste facility approved by the department of natural resources environmental management and the rules promulgated under s. 289.05 (1) that apply to the facility, then all of the following apply:

SB55-ASA1-AA1, s. 3836sk Section 3836sk. 823.085 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1333,20 823.085 (2) (b) The department of natural resources environmental management shall comply with a request by the court to provide suggestions for practices to reduce the offensive aspects of the nuisance.".

SB55-ASA1-AA1,1333,21 1759. Page 1209, line 3: after that line insert:

SB55-ASA1-AA1,1333,22 " Section 3836t. 818.05 of the statutes is amended to read:

SB55-ASA1-AA1,1334,11 818.05 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.".

SB55-ASA1-AA1,1334,13 1760. Page 1211, line 9: delete the material beginning with that line and ending with page 1214, line 15, and substitute:

SB55-ASA1-AA1,1334,14 " Section 3852d. 885.37 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1334,17 885.37 (title) Interpreters for persons with language difficulties or hearing or speaking impairments in municipal courts and administrative agency contested cases.

SB55-ASA1-AA1, s. 3852g Section 3852g. 885.37 (1) (a) of the statutes is repealed.

SB55-ASA1-AA1, s. 3852m Section 3852m. 885.37 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1335,8 885.37 (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.

SB55-ASA1-AA1, s. 3852r Section 3852r. 885.37 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1335,11 885.37 (2) A municipal court may authorize the use of an interpreter in actions or proceedings in addition to those specified in sub. (1) (b).

SB55-ASA1-AA1, s. 3853g Section 3853g. 885.37 (4) (a) of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,1335,14 885.37 (4) (a) The necessary expense of furnishing an interpreter for an indigent person in a municipal court shall be paid by the municipality.

SB55-ASA1-AA1, s. 3853m Section 3853m. 885.37 (5) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1335,18 885.37 (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).

SB55-ASA1-AA1, s. 3860m Section 3860m. 885.38 of the statutes is created to read:

SB55-ASA1-AA1,1335,20 885.38 Interpreters in circuit and appellate courts. (1) In this section:

SB55-ASA1-AA1,1335,21 (a) "Court proceeding" means any proceeding before a court of record.

SB55-ASA1-AA1,1335,22 (b) "Limited English proficiency" means any of the following:

SB55-ASA1-AA1,1335,24 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.

SB55-ASA1-AA1,1336,3 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.

SB55-ASA1-AA1,1336,4 (c) "Qualified interpreter" means a person who is able to do all of the following:

SB55-ASA1-AA1,1336,5 1. Readily communicate with a person who has limited English proficiency.

SB55-ASA1-AA1,1336,8 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.

SB55-ASA1-AA1,1336,12 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.

SB55-ASA1-AA1,1336,16 (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.

SB55-ASA1-AA1,1336,21 (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:

SB55-ASA1-AA1,1336,22 1. A party in interest.

SB55-ASA1-AA1,1336,23 2. A witness, while testifying in a court proceeding.

SB55-ASA1-AA1,1336,24 3. An alleged victim, as defined in s. 950.02 (4).

SB55-ASA1-AA1,1337,2 4. A parent or legal guardian of a minor party in interest or the legal guardian of a party in interest.

SB55-ASA1-AA1,1337,4 5. Another person affected by the proceedings, if the court determines that the appointment is necessary and appropriate.

SB55-ASA1-AA1,1337,6 (b) The court may appoint more than one qualified interpreter in a court proceeding when necessary.

SB55-ASA1-AA1,1337,9 (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.

SB55-ASA1-AA1,1337,12 (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.

SB55-ASA1-AA1,1337,16 (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.

SB55-ASA1-AA1,1337,18 (f) A court may authorize the use of a qualified interpreter in actions or proceedings in addition to those specified in par. (a).

SB55-ASA1-AA1,1337,23 (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.

SB55-ASA1-AA1,1338,3 (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-AA1,1338,7 (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.

SB55-ASA1-AA1,1338,10 (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.

SB55-ASA1-AA1,1338,13 (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.

SB55-ASA1-AA1,1338,16 (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:

SB55-ASA1-AA1,1338,20 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.

SB55-ASA1-AA1,1338,22 2. The court of appeals shall pay the expenses in all proceedings before the court of appeals.

SB55-ASA1-AA1,1338,24 3. The supreme court shall pay the expenses in all proceedings before the supreme court.

SB55-ASA1-AA1,1339,3 (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.".

SB55-ASA1-AA1,1339,4 1761. Page 1214, line 15: after that line insert:

SB55-ASA1-AA1,1339,5 " Section 3862bp. 891.04 of the statutes is amended to read:

SB55-ASA1-AA1,1339,13 891.04 Certificate as to public lands. The certificate of the executive secretary appointed under s. 24.55 under the official seal, that any specified piece or tract of land belongs to or is mortgaged to the state, or that the state has any interest, legal or equitable, in that land shall be presumptive evidence of the facts so stated. The certificate of the secretary of natural resources fish, wildlife, parks, and forestry under the official seal of the department that authority has been given to any person, naming the person, to seize timber or other materials specified in ch. 26 shall be presumptive evidence of the fact so stated.".

SB55-ASA1-AA1,1339,14 1762. Page 1214, line 15: after that line insert:

SB55-ASA1-AA1,1339,15 " Section 3862. 889.29 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1340,9 889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original. This subsection does not apply to records governed by s. 137.20.".

SB55-ASA1-AA1,1340,10 1763. Page 1217, line 25: after that line insert:

SB55-ASA1-AA1,1340,11 " Section 3862wg. 893.575 of the statutes is created to read:

SB55-ASA1-AA1,1340,17 893.575 Actions concerning illegal drug use. (1) Except as otherwise provided in this section, an action under s. 895.92 shall be commenced within two years after the cause of action accrues or be barred. A cause of action under s. 895.92 accrues when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.

SB55-ASA1-AA1,1340,22 (2) For a plaintiff, the time limit under this section is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under s. 895.92. For a defendant, the time limit under this section is tolled until six months after the individual potential defendant is convicted of a criminal drug offense.

SB55-ASA1-AA1,1341,2 (3) The time limit under this section for an action under s. 895.92 based on participation in the illegal drug market that occurred prior to the effective date of this subsection .... [revisor inserts date], does not begin to run until the effective date of this subsection .... [revisor inserts date].".

SB55-ASA1-AA1,1341,4 1764. Page 1218, line 4: after "948.095" insert "against the person who committed the act".

SB55-ASA1-AA1,1341,5 1765. Page 1218, line 8: after that line insert:

SB55-ASA1-AA1,1341,6 " Section 3862y. 893.73 (2) (a) of the statutes is amended to read: