Amendment ASA1-SB40

SB40-ASA1,1527,8 801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

SB40-ASA1, s. 2869 Section 2869. 803.03 (2) (c) of the statutes is amended to read:

SB40-ASA1,1527,17 803.03 (2) (c) Scheduling and pretrial conferences. At the scheduling conference and pretrial conference, the judge to whom the case has been assigned shall inquire concerning the existence of and joinder of persons with subrogated, derivative or assigned rights and shall make such orders as are necessary to effectuate the purposes of this section. If the case is an action to recover damages based on alleged criminally injurious conduct, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15.

SB40-ASA1, s. 2870 Section 2870. 803.09 (1) and (2) of the statutes are amended to read:

SB40-ASA1,1527,24 803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

SB40-ASA1,1528,9 (2) Upon Except as provided in s. 20.931, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

SB40-ASA1, s. 2871 Section 2871. 804.01 (2) (intro.) of the statutes is amended to read:

SB40-ASA1,1528,13 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.931 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

SB40-ASA1, s. 2872 Section 2872. 805.04 (1) of the statutes is amended to read:

SB40-ASA1,1528,22 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

SB40-ASA1, s. 2873 Section 2873. 805.04 (2m) of the statutes is created to read:

SB40-ASA1,1529,2 805.04 (2m) False claims. An action filed under s. 20.931 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.931, the court shall take into account the best interests of the parties and the purposes of s. 20.931.

SB40-ASA1, s. 2874 Section 2874. 806.025 (2) (am) of the statutes is amended to read:

SB40-ASA1,1529,7 806.025 (2) (am) If money remains after the payment of all unpaid orders and judgments under par. (a), order reimbursement to the department of justice for an award made under subch. I of ch. 949 for which the department is subrogated under s. 949.15.

SB40-ASA1, s. 2875 Section 2875. 809.105 (13) of the statutes is amended to read:

SB40-ASA1,1529,17 809.105 (13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services children and families, a county department under s. 46.215, 46.22, or 46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.

SB40-ASA1, s. 2876 Section 2876. 809.30 (2) (d) of the statutes is amended to read:

SB40-ASA1,1530,2 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child or juvenile person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105, or 938.23.

SB40-ASA1, s. 2877 Section 2877. 813.12 (5) (b) of the statutes is amended to read:

SB40-ASA1,1530,5 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms provided under s. 46.95 49.165 (3) (c) to help a person file a petition.

SB40-ASA1, s. 2878 Section 2878. 813.122 (6) (b) of the statutes is amended to read:

SB40-ASA1,1530,8 813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.

SB40-ASA1, s. 2879 Section 2879. 814.61 (13) of the statutes is amended to read:

SB40-ASA1,1530,15 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or, 49.47 , or 49.471 files a petition requesting child support, maintenance or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

SB40-ASA1, s. 2880 Section 2880. 814.69 (1) (a) of the statutes is amended to read:

SB40-ASA1,1530,20 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the certificate of the clerk of court.

SB40-ASA1, s. 2881 Section 2881. 814.75 (22m) of the statutes is amended to read:

SB40-ASA1,1530,23 814.75 (22m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40-ASA1, s. 2882 Section 2882. 814.76 (15m) of the statutes is amended to read:

SB40-ASA1,1531,2 814.76 (15m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40-ASA1, s. 2883 Section 2883. 814.80 (11) of the statutes is amended to read:

SB40-ASA1,1531,5 814.80 (11) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40-ASA1, s. 2884 Section 2884. 859.07 (2) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1531,12 859.07 (2) (a) (intro.) The personal representative shall provide notice of the date set under s. 859.01 to the department of health and family services , the department of children and families, or the department of corrections, as applicable, and to the county clerk of the decedent's county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent's death, any of the following applied:

SB40-ASA1, s. 2885 Section 2885. 859.07 (2) (a) 2. of the statutes is amended to read:

SB40-ASA1,1531,16 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB40-ASA1, s. 2886 Section 2886. 859.15 of the statutes is amended to read:

SB40-ASA1,1531,23 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation which that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB40-ASA1, s. 2887 Section 2887 . 885.01 (5) of the statutes is amended to read:

SB40-ASA1,1532,4 885.01 (5) By the department of workforce development children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40-ASA1, s. 2888 Section 2888 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-ASA1,1532,9 885.01 (5) By the department of children and families or a county child support agency under s. 59.53 (5) in the administration of ss. 49.145, 49.19, 49.22, 49.46 and, 49.47, and 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40-ASA1, s. 3772m Section 3772m. 885.237 (2) of the statutes is amended to read:

SB40-ASA1,1532,18 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying a valid registration plates plate, 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. This subsection does not apply to violations of ordinances enacted under s. 341.65, but this subsection does apply to violations of ordinances enacted under s. 341.65, 2003 stats.

SB40-ASA1, s. 2889 Section 2889. 885.38 (3) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1532,25 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if 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:

SB40-ASA1, s. 2890 Section 2890. 885.38 (8) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1533,4 885.38 (8) (a) (intro.) 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:

SB40-ASA1, s. 2891 Section 2891. 893.981 of the statutes is created to read:

SB40-ASA1,1533,7 893.981 False claims. An action or claim under s. 20.931 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

SB40-ASA1, s. 2892 Section 2892. 895.45 (1) (a) of the statutes is amended to read:

SB40-ASA1,1533,13 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB40-ASA1, s. 2893 Section 2893. 895.4803 of the statutes is amended to read:

SB40-ASA1,1533,25 895.4803 Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development children and families and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.

SB40-ASA1, s. 2894 Section 2894. 895.485 (4) (a) of the statutes is amended to read:

SB40-ASA1,1534,8 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it is required to disclose under this paragraph. The department of health and family services children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster, or family-operated group home parent which relates to a medical, physical, mental, or emotional condition of the child.

SB40-ASA1, s. 3778m Section 3778m. 895.507 (7m) of the statutes is amended to read:

SB40-ASA1,1534,17 895.507 (7m) Effect of federal legislation. If the joint committee on administrative rules determines that the federal government has enacted legislation that imposes notice requirements substantially similar to the requirements of this section and determines that the legislation does not preempt this section, the joint committee on administrative rules shall submit to the revisor of statutes legislative reference bureau for publication in the Wisconsin administrative register a notice of its determination. This section does not apply after publication of a notice under this subsection.

SB40-ASA1, s. 2895 Section 2895. 905.15 (1) of the statutes is amended to read:

SB40-ASA1,1535,2 905.15 (1) An employee of the department of health and family services, the department of workforce development children and families or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

SB40-ASA1, s. 2896 Section 2896. 938.02 (6) of the statutes is amended to read:

SB40-ASA1,1535,9 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB40-ASA1, s. 2897 Section 2897. 938.02 (7) of the statutes is amended to read:

SB40-ASA1,1535,13 938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

SB40-ASA1, s. 2898 Section 2898. 938.02 (17) of the statutes is amended to read:

SB40-ASA1,1535,17 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services children and families under s. 48.66 (1) (a).

SB40-ASA1, s. 2899 Section 2899. 938.06 (1) (b) of the statutes is amended to read:

SB40-ASA1,1535,22 938.06 (1) (b) Notwithstanding par. (a), the county board of supervisors may make changes in the administration of services to the children's court center in order to qualify for the maximum amount of federal and state aid as provided in sub. (4) and s. ss. 46.495 and 48.569.

SB40-ASA1, s. 2900 Section 2900. 938.06 (4) of the statutes is amended to read:

SB40-ASA1,1536,7 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 46.495 48.569, except as provided in s. 301.26. Counties having a population of less than 500,000 may use funds received under ss. 46.495 48.569 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 46.495 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

SB40-ASA1, s. 2901 Section 2901. 938.21 (5) (b) 1. of the statutes is renumbered 938.21 (5) (b) 1. a. and amended to read:

SB40-ASA1,1536,13 938.21 (5) (b) 1. a. A finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile. Unless the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies, the order shall in addition include a 

SB40-ASA1,1536,18 b. A finding as to whether the person who took the juvenile into custody and the intake worker have made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile's health and safety are the paramount concerns, and a unless the court finds that any of the circumstances specified in s. 938.355 (2d) (b) 1. to 4. applies.

SB40-ASA1,1536,21 c. A finding as to whether the person who took the juvenile into custody and the intake worker have made reasonable efforts to make it possible for the juvenile to return safely home.

SB40-ASA1,1537,7 1m. If for good cause shown sufficient information is not available for the court to make a finding as to whether those reasonable efforts were made to prevent the removal of the juvenile from the home, the order shall include while assuring that the juvenile's health and safety are the paramount concerns, a finding as to whether those reasonable efforts were made to make it possible for the juvenile to return safely home and an order for the county department or agency primarily responsible for providing services to the juvenile under the custody order to file with the court sufficient information for the court to make a finding as to whether those reasonable efforts were made to prevent the removal of the juvenile from the home by no later than 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of on which the order is granted.

SB40-ASA1, s. 2902 Section 2902. 938.21 (5) (b) 1. d. of the statutes is created to read:

SB40-ASA1,1537,13 938.21 (5) (b) 1. d. If the juvenile is under the supervision of the county department, an order ordering the juvenile into the placement and care responsibility of the county department as required under 42 USC 672 (a) (2) and assigning the county department primary responsibility for providing services to the juvenile.

SB40-ASA1, s. 2903 Section 2903. 938.21 (5) (c) of the statutes is amended to read:

SB40-ASA1,1537,21 938.21 (5) (c) The court shall make the findings specified in par. (b) 1., 1m., and 3. on a case-by-case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the custody order. A custody order that merely references par. (b) 1., 1m., or 3. without documenting or referencing that specific information in the custody order or an amended custody order that retroactively corrects an earlier custody order that does not comply with this paragraph is not sufficient to comply with this paragraph.

SB40-ASA1, s. 2904 Section 2904. 938.22 (1) (a) of the statutes is amended to read:

SB40-ASA1,1538,8 938.22 (1) (a) Subject to s. 48.66 (1) (b), the county board of supervisors of a county may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 or the county boards of supervisors for 2 or more counties may jointly establish a juvenile detention facility in accordance with ss. 46.20, 301.36, and 301.37. The county board of supervisors of a county may establish a shelter care facility in accordance with ss. 46.16 and 46.17 48.576 and 48.578 or the county boards of supervisors for 2 or more counties may jointly establish a shelter care facility in accordance with ss. 46.16, 46.17, and 46.20, 48.576, and 48.578. A private entity may establish a juvenile detention facility in accordance with ss. 301.36 and 301.37 and contract with one or more county boards of supervisors under s. 938.222 to hold juveniles in the private juvenile detention facility.

SB40-ASA1, s. 2905 Section 2905. 938.22 (2) (a) of the statutes is amended to read:

SB40-ASA1,1538,20 938.22 (2) (a) Counties shall submit plans for a juvenile detention facility or juvenile portion of the county jail to the department of corrections and submit plans for a shelter care facility to the department of health and family services children and families. A private entity that proposes to establish a juvenile detention facility shall submit plans for the facility to the department of corrections. The applicable department shall review the submitted plans. A county or a private entity may not implement a plan unless the applicable department has approved the plan. The department of corrections shall promulgate rules establishing minimum requirements for the approval and operation of juvenile detention facilities and the juvenile portion of county jails. The plans and rules shall be designed to protect the health, safety, and welfare of the juveniles placed in those facilities.

SB40-ASA1, s. 2906 Section 2906. 938.22 (7) (a) of the statutes is amended to read:

SB40-ASA1,1539,4 938.22 (7) (a) No person may establish a shelter care facility without first obtaining a license under s. 48.66 (1) (a). To obtain a license under s. 48.66 (1) (a) 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 children and families under s. 48.67, meet the requirements specified in s. 48.685, and pay the license fee under par. (b). A license issued under s. 48.66 (1) (a) to operate a shelter care facility is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

SB40-ASA1, s. 2907 Section 2907. 938.22 (7) (b) of the statutes is amended to read:

SB40-ASA1,1539,13 938.22 (7) (b) Before the department of health and family services children and families may issue a license under s. 48.66 (1) (a) to operate a shelter care facility, the shelter care facility shall pay to that department a biennial fee of $60.50, plus a biennial fee of $18.15 per juvenile, based on the number of juveniles that the shelter care facility is licensed to serve. A shelter care facility that wishes to continue a license issued under s. 48.66 (1) (a) shall pay the fee by the continuation date of the license. A new shelter care facility shall pay the fee by no later than 30 days before the opening of the shelter care facility.

SB40-ASA1, s. 2908 Section 2908. 938.235 (4) (b) of the statutes is amended to read:

SB40-ASA1,1539,17 938.235 (4) (b) The court shall order the agency identified under s. 938.355 (2) (b) 1. 938.33 (1) (c) as primarily responsible for the provision of services to notify the guardian ad litem, if any, regarding actions to be taken under par. (a).