AB150: Bill Text

AB150, s. 7124 Section 7124. 767.62 (2) of the statutes is created to read:

AB150,2293,18 767.62 (2) Blood tests. (a) Any person who signs a statement acknowledging paternity that is filed with the state registrar under s. 69.15 (3) (b) 3. may, within one year after the statement is filed or one year after attaining age 18, whichever is later, request blood tests. If an action has been filed under sub. (1), the court or family court commissioner shall require the appropriate parties to submit to blood tests upon such a request. If no action affecting the family related to the paternity or support of the child has been filed, the person may request that the county designee under s. 59.07 (97) arrange for the blood tests. The person requesting the blood tests shall be responsible for the cost of the blood tests. This paragraph does not apply if, before a request for blood tests under this paragraph, the man who signed the statement acknowledging paternity is determined to be the father of the child after the performance of blood tests.

AB150,2294,6 (b) If the results of blood tests requested under par. (a) exclude as the father of the child the man who signed the statement acknowledging paternity, the court shall dismiss any action for child support under sub. (1), or shall vacate any order for child support entered under sub. (1), with respect to the man and shall notify the state registrar to remove the man's name as the father of the child from the child's birth certificate. If no action affecting the family related to the paternity or support of the child was filed and the county designee under s. 59.07 (97) arranged for the blood tests, the county designee shall notify the state registrar on a form designated by the state registrar to remove the man's name as the father of the child from the child's birth certificate. No paternity action or action under sub. (1) may thereafter be brought against the man with respect to the child. The person who requested the blood tests under par. (a) shall be responsible for any fees charged by the state registrar for preparing a new birth certificate.

AB150, s. 7125 Section 7125. 767.62 (3) of the statutes is repealed and recreated to read:

AB150,2294,14 767.62 (3) Conclusive determination of paternity. (a) A statement acknowledging paternity that includes notice of the provisions of this section and that has been on file with the state registrar under s. 69.15 (3) (b) 3. for at least one year, or at least one year after the date on which the man who signed the statement attained the age of 18, whichever is later, is a conclusive determination, which shall be of the same effect as a judgment, of paternity. This paragraph does not apply if the results of blood tests exclude the man as the father of the child.

AB150,2294,16 (b) A determination of paternity under par. (a) may be reopened under any of the following circumstances:

AB150,2294,17 1. At any time upon motion or petition for good cause shown.

AB150,2294,18 2. Upon a motion under s. 806.07.

AB150,2294,21 3. Within 2 years after the date on which the statement acknowledging paternity was filed with the state registrar or within 2 years after the date on which the man who signed the statement attained the age of 18, whichever is later.

AB150,2294,24 (c) The notice requirements under s. 69.15 (3) (b) 3. apply to this subsection beginning with forms for the acknowledgement of paternity that are prescribed by the state registrar on January 1, 1996.

AB150, s. 7126 Section 7126. 769.316 (4) of the statutes is amended to read:

AB150,2295,7 769.316 (4) Copies of bills for testing for parentage, or for prenatal and postnatal health care of the mother and child, or copies of reports of medical assistance payments under ss. 49.45 to 49.47 subch. IV of ch. 49 for such testing or prenatal and postnatal health care, furnished to the adverse party at least 10 days before trial, are admissible in evidence to prove the amount of the charges billed or the amount of the medical assistance paid and that the charges or payments were reasonable, necessary and customary.

AB150, s. 7127 Section 7127. 775.01 of the statutes is amended to read:

AB150,2295,16 775.01 Actions against state; bond. Upon the refusal of the legislature to allow a claim against the state, if suit is authorized to be brought against the state, the claimant may commence an action against the state. The action may be commenced by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

AB150, s. 7128 Section 7128. 776.44 of the statutes is amended to read:

AB150,2295,21 776.44 Judgment, where filed. Upon the rendition of a judgment dissolving a corporation or vacating or annulling of letters patent the attorney general shall file a certified copy of the judgment in the office of the secretary of state with the department of revenue.

AB150, s. 7129 Section 7129. 779.87 (3) (b) of the statutes is amended to read:

AB150,2295,25 779.87 (3) (b) Amount; filed. The principal sum of the bond shall be $25,000 at all times. A copy of the bond shall be filed with the secretary of state department of financial institutions.

AB150, s. 7130 Section 7130. 779.97 (2) (c) 1. of the statutes is amended to read:

AB150,2296,5 779.97 (2) (c) 1. If the person against whose interest the lien applies is a partnership or a corporation, as defined in 26 USC 7701 (a) (2) and (3), whose principal executive office is in this state, in the office of the secretary of state with the department of financial institutions.

AB150, s. 7131 Section 7131. 779.97 (2) (c) 2. of the statutes is amended to read:

AB150,2296,9 779.97 (2) (c) 2. If the person against whose interest the lien applies is a trust not covered under subd. 1., in the office of the secretary of state with the department of financial institutions.

AB150, s. 7132 Section 7132. 779.97 (2) (c) 3. of the statutes is amended to read:

AB150,2296,13 779.97 (2) (c) 3. If the person against whose interest the lien applies is the estate of a decedent, in the office of the secretary of state with the department of financial institutions.

AB150, s. 7133 Section 7133. 779.97 (4) (a) 1. of the statutes is amended to read:

AB150,2296,18 779.97 (4) (a) 1. The secretary of state With the department of financial institutions, the secretary of state filing officer shall cause the notice to be marked, held and indexed in accordance with s. 409.403 (4) as if the notice were a financing statement within the meaning of chs. 401 to 411; or

AB150, s. 7134 Section 7134. 779.97 (4) (b) 1. of the statutes is amended to read:

AB150,2296,25 779.97 (4) (b) 1. If a refiling of a notice of lien is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the refiled notice of federal lien to be marked, held and indexed in accordance with s. 409.403 as if the refiling were a continuation statement within the meaning of chs. 401 to 411, except that the time period in par. (d) shall apply instead of the time period in s. 409.403 (2) and (3).

AB150, s. 7135 Section 7135. 779.97 (4) (b) 2. of the statutes is amended to read:

AB150,2297,11 779.97 (4) (b) 2. If a certificate of release is presented to the secretary of state for filing, the secretary shall cause the certificate to be marked, held and indexed in accordance with s. 409.404 as if the certificate were a termination statement within the meaning of chs. 401 to 411, and the secretary may remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files at any time after receipt of the certificate of release, but the secretary of state shall keep the certificate of release or a microfilm or other photographic record or optical disk or electronic record of the certificate of release in a file, separate from those containing currently effective notices of liens, for a period of 30 years after the date of filing of the certificate of release.

AB150, s. 7136 Section 7136. 779.97 (4) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2297,24 779.97 (4) (b) 2. If a certificate of release is presented to the department of financial institutions for filing, the filing officer shall cause the certificate to be marked, held and indexed in accordance with s. 409.404 as if the certificate were a termination statement within the meaning of chs. 401 to 411, and the filing officer may remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files at any time after receipt of the certificate of release, but the department of financial institutions shall keep the certificate of release or a microfilm or other photographic record or optical disk or electronic record of the certificate of release in a file, separate from those containing currently effective notices of liens, for a period of 30 years after the date of filing of the certificate of release.

****Note: This is reconciled s. 779.97 (4) (b) 2. This Section has been affected by drafts with the following LRB numbers: 95-2104/3 and 95-2387/1.

AB150, s. 7137 Section 7137. 779.97 (4) (b) 3. of the statutes is amended to read:

AB150,2298,5 779.97 (4) (b) 3. If a certificate of discharge is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the certificate to be marked, held and indexed as if the certificate were a release of collateral within the meaning of chs. 401 to 411.

AB150, s. 7138 Section 7138. 779.97 (4) (b) 4. of the statutes is amended to read:

AB150,2298,10 779.97 (4) (b) 4. If a certificate of nonattachment or subordination of any lien is presented to the secretary of state department of financial institutions for filing, the secretary filing officer shall cause the certificate to be marked, held and indexed as if the certificate were an amendment within the meaning of chs. 401 to 411.

AB150, s. 7139 Section 7139. 779.97 (4) (c) 2. of the statutes is amended to read:

AB150,2298,22 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the secretary of state, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

AB150, s. 7140 Section 7140. 779.97 (4) (c) 2. of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,2299,13 779.97 (4) (c) 2. If a certificate of release is presented for filing with any other filing officer specified in sub. (2), the officer shall enter the certificate with the date of filing in any alphabetical federal lien index on the line where the original notice of lien is entered and may then remove the notice of federal lien and any related refiling of a notice of lien, certificate of nonattachment, discharge or subordination from the files, provided that the officer shall keep the certificate of release or a microfilm or other photographic record, or in the case of the department of financial institutions, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk or electronic record, of the certificate of release in a file, separate from those containing currently effective notices of federal liens, for a period of 30 years after the date of filing of the certificate of release.

****Note: This is reconciled s. 779.97 (4) (c) 2. This Section has been affected by drafts with the following LRB numbers: 95-2104/3 and 95-2387/1.

AB150, s. 7141 Section 7141. 800.02 (2) (a) (intro.) of the statutes is amended to read:

AB150,2300,2 800.02 (2) (a) (intro.) The citation shall be signed by a peace officer or endorsed by a municipal attorney or, if applicable, signed by a conservation warden or a state park ranger. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to issue citations may delegate, with the approval of the governing body, the authority to employes. Authority delegated to an official or employe may be revoked only in the same manner by which it is conferred. The citation shall contain substantially the following information:

AB150, s. 7142 Section 7142. 803.03 (2) (a) of the statutes is amended to read:

AB150,2300,17 803.03 (2) (a) Joinder of related claims. A party asserting a claim for affirmative relief shall join as parties to the action all persons who at the commencement of the action have claims based upon subrogation to the rights of the party asserting the principal claim, derivation from the principal claim, or assignment of part of the principal claim. For purposes of this section, a person's right to recover for loss of consortium shall be deemed a derivative right. Any public assistance recipient or any estate of such a recipient asserting a claim against a 3rd party for which the public assistance provider has a right of subrogation or assignment under s. 49.65 (2) or (3) 49.89 (2) or (3) shall join the provider as a party to the claim. Any party asserting a claim based upon subrogation to part of the claim of another, derivation from the rights or claim of another, or assignment of part of the rights or claim of another shall join as a party to the action the person to whose rights the party is subrogated, from whose claim the party derives his or her rights or claim, or by whose assignment the party acquired his or her rights or claim.

AB150, s. 7143 Section 7143. 808.075 (4) (d) 4. of the statutes is amended to read:

AB150,2300,21 808.075 (4) (d) 4. Revision of judgment or order for child support, maintenance payments or family support payments under s. 767.32 or 767.51 or revision of judgment or order for child support or family support payments under s. 767.323.

AB150, s. 7144 Section 7144. 812.30 (9) of the statutes is amended to read:

AB150,2301,2 812.30 (9) "Need-based public assistance" means aid to families with dependent children, general emergency medical relief, relief to needy Indian persons provided by counties under s. 59.07 (154), medical assistance, supplemental security income, food stamps, or benefits received by veterans under s. 45.351 (1) or under 38 USC 501 to 562.

AB150, s. 7145 Section 7145. 812.44 (4) of the statutes is amended to read:

AB150,2301,5 812.44 (4) The notice of exemption served upon the garnishee under s. 812.35 (4) shall be in substantially the following form:

AB150,2301,6 STATE OF WISCONSIN

AB150,2301,7 CIRCUIT COURT:.... County

AB150,2301,9 A.B., Creditor

AB150,2301,10 vs. File or Reference Number....

AB150,2301,11 C.D., Debtor EXEMPTION NOTICE

AB150,2301,12 and EARNINGS GARNISHMENT

AB150,2301,13 E.F., Garnishee

AB150,2301,15 To the debtor:

AB150,2301,20 The creditor was awarded a judgment against you or your spouse by.... (County Circuit or Federal District) Court on the.... day of...., 19.. That judgment not having been fully paid, the creditor has now filed a garnishment proceeding against your earnings from the garnishee. This means that the creditor is seeking to take some of your earnings to satisfy part or all of the judgment against you or your spouse.

AB150,2301,21 The total amount of the creditor's claim is as follows:

AB150,2301,22 Unpaid balance on judgment $....

AB150,2301,23 Unpaid postjudgment interest $....

AB150,2301,24 Costs:

AB150,2301,25 a. Garnishment filing fee $....

AB150,2302,1 b. Garnishee fee $....

AB150,2302,2 c. Service of process (estimate) $....

AB150,2302,3 TOTAL $....

AB150,2302,6 By law, you are entitled to an exemption of not less than 80% of your disposable earnings. Your "disposable earnings" are those remaining after social security and federal and state income taxes are withheld.

AB150,2302,7 Your earnings are completely exempt from garnishment if:

AB150,2302,10 1. Your household income is below the federal poverty level, or this garnishment would cause that to happen. See the enclosed schedules and worksheet to determine if you qualify for this exemption.

AB150,2302,16 2. You receive aid to families with dependent children, general emergency medical relief, relief to needy Indian persons provided by counties under section 59.07 (154) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps, or veterans benefits based on need under USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB150,2302,18 3. At least 25% of your disposable earnings are assigned by court order for support.

AB150,2302,21 If you qualify for a complete exemption, you must give or mail a copy of the enclosed debtor's answer form to the garnishee in order to receive that increased exemption.

AB150,2302,23 If your circumstances change while the garnishment is in effect, you may file a new answer at any time.

AB150,2303,2 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.

AB150,2303,4 IF YOU NEED ASSISTANCE CONSULT AN ATTORNEY

AB150,2303,10 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 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.

AB150,2303,11 PENALTIES

AB150,2303,14 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.

AB150, s. 7146 Section 7146. 812.44 (5) of the statutes is amended to read:

AB150,2303,17 812.44 (5) The debtor's answer form under s. 812.37 shall be in substantially the following form:

AB150,2303,18 STATE OF WISCONSIN

AB150,2303,19 CIRCUIT COURT:.... County

AB150,2303,21 A.B., Creditor