Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,444,4 3. At least 25% of your disposable earnings are assigned by court order for support.

SB40-ASA1-AA1,444,9 4. You are a minor, other than an emancipated minor, and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin Statutes.

SB40-ASA1-AA1,444,12 If the garnishment of 20% of your disposable income would result in the income of your household being below the poverty line, the garnishment is limited to the amount of your household's income in excess of the poverty line.

SB40-ASA1-AA1,444,16 If you qualify for a complete exemption or for a limit on the amount of the garnishment to the amount that your household's income exceeds the poverty line, you must give or mail a copy of the enclosed debtor's answer form to the garnishee in order to receive that increased exemption.

SB40-ASA1-AA1,444,18 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

SB40-ASA1-AA1,444,22 If you do not qualify for a complete exemption, but you will not be able to acquire the necessities of life for yourself and your dependents if your earnings are reduced by this earnings garnishment, you may ask the court in which this earnings garnishment was filed to increase your exemption or grant you other relief.

SB40-ASA1-AA1,444,23 IF YOU NEED ASSISTANCE

SB40-ASA1-AA1,444,24 CONSULT AN ATTORNEY

SB40-ASA1-AA1,445,9 If you have earnings that are being garnisheed that are exempt or subject to a defense, the sooner you file your answer or seek relief from the court, the sooner such relief can be provided. This If you are an adult or an emancipated minor, this earnings garnishment affects your earnings in pay periods beginning within 13 weeks after it was served on the garnishee. You may agree in writing with the creditor to extend it for additional 13-week periods until the debt is paid. If you are an unemancipated minor, this earnings garnishment affects your earnings after it was served on the garnishee and until the amount that the creditor is seeking in the garnishment is paid in full.

SB40-ASA1-AA1,445,10 PENALTIES

SB40-ASA1-AA1,445,13 If you wrongly claim an exemption or defense in bad faith, or if the creditor wrongly objects to your claim in bad faith, the court may order the person who acted in bad faith to pay court costs, actual damages and reasonable attorney fees.

SB40-ASA1-AA1, s. 3759s Section 3759s. 812.44 (5) (form) of the statutes is amended to read:

SB40-ASA1-AA1,445,15 812.44 (5) (form)

SB40-ASA1-AA1,445,16 STATE OF WISCONSIN

SB40-ASA1-AA1,445,17 CIRCUIT COURT:.... County

SB40-ASA1-AA1,445,19 A.B., Creditor

SB40-ASA1-AA1,445,20 vs. File or Reference Number....

SB40-ASA1-AA1,445,21 C.D., Debtor EARNINGS GARNISHMENT

SB40-ASA1-AA1,445,22 and DEBTOR'S ANSWER

SB40-ASA1-AA1,445,23 E.F., Garnishee

SB40-ASA1-AA1,445,25 To the garnishee:

SB40-ASA1-AA1,446,1 My earnings are COMPLETELY EXEMPT from earnings garnishment because:

SB40-ASA1-AA1,446,2 ... 1. The judgment has been paid or is void.

SB40-ASA1-AA1,446,8 ... 2. (5) (form) paragraph 2. I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

SB40-ASA1-AA1,446,9 ... 3. At least 25% of my disposable earnings are assigned for support by court order.

SB40-ASA1-AA1,446,11 ... 4. My household income is less than the poverty line, or this garnishment would cause that to happen.

SB40-ASA1-AA1,446,16 ... 4m. I am not an emancipated minor and the judgment that the creditor is seeking to satisfy is not a judgment for unpaid restitution, costs, a forfeiture, or a surcharge entered under section 895.035 (2m) (a) or (b) of the Wisconsin Statutes by the court assigned to exercise jurisdiction under chapters 48 and 938 of the Wisconsin Statutes.

SB40-ASA1-AA1,446,17 ... 5. I have another defense to this earnings garnishment (explain briefly).

SB40-ASA1-AA1,446,21 I understand that if I claim a complete exemption or defense in bad faith, I may be held liable to the creditor for actual damages, costs and reasonable attorney fees.

SB40-ASA1-AA1,446,22 DATE .... Signature of Debtor ....

SB40-ASA1-AA1,446,23 Address ....

SB40-ASA1-AA1,446,24 Telephone Number ....

SB40-ASA1-AA1,446,25 Date Received by Garnishee ....".

SB40-ASA1-AA1,447,1 2033. Page 1530, line 3: delete lines 3 to 8.

SB40-ASA1-AA1,447,2 2034. Page 1530, line 9: delete lines 9 to 15.

SB40-ASA1-AA1,447,3 2035. Page 1530, line 16: delete lines 16 to 20.

SB40-ASA1-AA1,447,4 2036. Page 1530, line 21: delete lines 21 to 24.

SB40-ASA1-AA1,447,5 2037. Page 1531, line 1: delete lines 1 to 24.

SB40-ASA1-AA1,447,6 2038. Page 1531, line 24: after that line insert:

SB40-ASA1-AA1,447,8 " Section 3767m. 823.02 of the statutes is renumbered 823.02 (1) and amended to read:

SB40-ASA1-AA1,447,22 823.02 (1) An Except as provided in sub. (2), an action to enjoin a public nuisance may be commenced and prosecuted in the name of the state, either by the attorney general on information obtained by the department of justice, or upon the relation of a private individual, sewerage commission created under ss. 200.01 to 200.15 or a county, having first obtained leave therefor from the court. An action to enjoin a public nuisance may be commenced and prosecuted by a city, village, town or a metropolitan sewerage district created under ss. 200.21 to 200.65 in the name of the municipality or metropolitan sewerage district, and it is not necessary to obtain leave from the court to commence or prosecute the action. The same rule as to liability for costs shall govern as in other actions brought by the state. No stay of any order or judgment enjoining or abating, in any action under this section, may be had unless the appeal is taken within 5 days after notice of entry of the judgment or order or service of the injunction. Upon appeal and stay, the return to the court of appeals or supreme court shall be made immediately.

SB40-ASA1-AA1, s. 3767n Section 3767n. 823.02 (2) of the statutes is created to read:

SB40-ASA1-AA1,448,3 823.02 (2) The department of justice may not bring or join in an action under this section if the activity, use, or practice alleged to be a nuisance is not in violation of any state statute, rule, permit, or approval or local ordinance or regulation.".

SB40-ASA1-AA1,448,4 2039. Page 1532, line 1: delete lines 1 to 9.

SB40-ASA1-AA1,448,5 2040. Page 1532, line 10: delete lines 10 to 18.

SB40-ASA1-AA1,448,7 2041. Page 1532, line 19: delete the material beginning with that line and ending with page 1533, line 4.

SB40-ASA1-AA1,448,8 2042. Page 1533, line 4: after that line insert:

SB40-ASA1-AA1,448,9 " Section 3374q. 893.575 of the statutes is created to read:

SB40-ASA1-AA1,448,15 893.575 Actions concerning illegal drug use. (1) Except as otherwise provided in this section, an action under s. 895.10 shall be commenced within 2 years after the cause of action accrues or be barred. A cause of action under s. 895.10 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 the illegal drug use is the cause of the harm.

SB40-ASA1-AA1,448,20 (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 the individual cannot reasonably be expected to seek recovery under s. 895.10. For a defendant, the time limit under this section is tolled until 6 months after the individual potential defendant is convicted of a criminal drug offense.

SB40-ASA1-AA1,448,24 (3) The time limit under this section for an action under s. 895.10 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].".

SB40-ASA1-AA1,449,1 2043. Page 1533, line 7: after that line insert:

SB40-ASA1-AA1,449,2 " Section 3775m. 895.08 of the statutes is created to read:

SB40-ASA1-AA1,449,4 895.08 Short title. This section and ss. 895.09 to 895.13 shall be known as the "Drug Dealer Liability Law."

SB40-ASA1-AA1, s. 3775n Section 3775n. 895.09 of the statutes is created to read:

SB40-ASA1-AA1,449,6 895.09 Definitions. In ss. 895.08 to 895.13:

SB40-ASA1-AA1,449,8 (1) "Illegal drug" means a controlled substance or controlled substance analog whose distribution is a violation of s. 961.41.

SB40-ASA1-AA1,449,11 (2) "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user.

SB40-ASA1-AA1,449,13 (3) "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under s. 895.10.

SB40-ASA1-AA1,449,18 (4) "Level 1 offense" means possession of 7 grams or more, but less than 113 grams, or distribution of less than 28 grams of a specified illegal drug other than marijuana, or possession of 454 grams or more, but less than 1.8 kilograms, of marijuana, or possession of 25 plants or more, but less than 50 plants, containing tetrahydrocannabinols, or distribution of less than 454 grams of marijuana.

SB40-ASA1-AA1,449,24 (5) "Level 2 offense" means possession of 113 grams or more, but less than 227 grams, or distribution of 28 grams or more, but less than 56 grams, of a specified illegal drug other than marijuana, or possession of 1.8 kilograms or more, but less than 3.6 kilograms of marijuana, or possession of 50 plants or more, but less than 75 plants, containing tetrahydrocannabinols, or distribution of more than 454 grams, but less than 2.3 kilograms, of marijuana.

SB40-ASA1-AA1,450,6 (6) "Level 3 offense" means possession of 227 grams or more, but less than 454 grams, or distribution of 56 grams or more, but less than 113 grams, of a specified illegal drug other than marijuana, or possession of 3.6 kilograms or more, but less than 7.3 kilograms of marijuana, or possession of 75 plants or more, but less than 100 plants, containing tetrahydrocannabinols, or distribution of more than 2.3 kilograms, but less than 4.5 kilograms, of marijuana.

SB40-ASA1-AA1,450,10 (7) "Level 4 offense" means possession of 454 grams or more or distribution of 113 grams or more of a specified illegal drug other than marijuana, or possession of 7.3 kilograms or more of marijuana, or possession of 100 plants or more containing tetrahydrocannabinols, or distribution of 4.5 kilograms or more of marijuana.

SB40-ASA1-AA1,450,11 (8) "Marijuana" has the meaning given in s. 961.01 (14).

SB40-ASA1-AA1,450,17 (9) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug. "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only.

SB40-ASA1-AA1,450,22 (10) "Period of illegal drug use" means, in relation to the individual drug user, the time of the individual's first use of an illegal drug to the accrual of the cause of action under s. 895.10. The period of illegal drug use is presumed to commence 2 years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence.

SB40-ASA1-AA1,451,2 (11) "Place of illegal drug activity" means, in relation to the individual drug user and unless the defendant proves otherwise by clear and convincing evidence, each assembly district in which a claim is made that the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use.

SB40-ASA1-AA1,451,6 (12) "Place of participation" means, in relation to a defendant in an action brought under s. 895.10, each assembly district in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal drug market.

SB40-ASA1-AA1, s. 3775p Section 3775p. 895.10 of the statutes is created to read:

SB40-ASA1-AA1,451,11 895.10 Liability for participation in the illegal drug market. (1) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this section. A person may recover damages under this section for injury resulting from an individual's use of an illegal drug.

SB40-ASA1-AA1,451,15 (2) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state, is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation.

SB40-ASA1-AA1,451,17 (3) One or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug:

SB40-ASA1-AA1,451,19 (a) A parent, legal guardian, child, spouse, or sibling of the individual drug user.

SB40-ASA1-AA1,451,20 (b) An individual who was exposed to an illegal drug in utero.

SB40-ASA1-AA1,451,21 (c) An employer of the individual drug user.

SB40-ASA1-AA1,451,25 (d) A medical facility, insurer, governmental agency, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.

SB40-ASA1-AA1,452,2 (e) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.

SB40-ASA1-AA1,452,5 (4) A person entitled to bring an action under this section may seek damages from a person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was used by the individual drug user.

SB40-ASA1-AA1,452,7 (5) A person entitled to bring an action under this section may recover all of the following:

SB40-ASA1-AA1,452,11 (a) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use.

SB40-ASA1-AA1,452,15 (b) Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug.

SB40-ASA1-AA1,452,16 (c) Exemplary damages.

SB40-ASA1-AA1,452,17 (d) Reasonable attorney fees.

SB40-ASA1-AA1,452,18 (e) Costs of the suit, including reasonable expenses for expert testimony.

SB40-ASA1-AA1,452,22 (6) (a) An individual drug user may not bring an action for damages under this section caused by the use of an illegal drug, except as provided in this subsection. An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: