AB150: Bill Text Engrossed

AB150-engrossed,2405,2 If you do not appear, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you, unless within those 30 days you present to the court evidence of good cause for failure to appear. If you plan to be represented by an attorney, you should contact the attorney prior to the court appearance listed above. If you are unable to afford an attorney, the court will appoint you one subject to certain limitations only upon the blood tests showing that you are not excluded as the father and the probability of your being the father is less than 99.0%. Appearance is not required if you complete the attached waiver of first appearance statement and send it to the court at least 10 days prior to the date of your scheduled appearance in this summons.

AB150-engrossed,2405,3 Dated: ...., 19 ..

AB150-engrossed,2405,4 Signed:.... ....

AB150-engrossed,2405,5 G. H., Clerk of Circuit Court

AB150-engrossed,2405,6 or

AB150-engrossed,2405,7 Petitioner's Attorney

AB150-engrossed,2405,8 State Bar No.: ....

AB150-engrossed,2405,9 Address: ....

AB150-engrossed,2405,10 City, State Zip Code: ....

AB150-engrossed,2405,11 Phone No.: ....

AB150-engrossed, s. 7113b Section 7113b. 767.455 (5g) (form) 2. of the statutes is amended to read:

AB150-engrossed,2405,20 767.455 (5g) (form) 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you subject to certain limitations. One limitation is that representation by the appointed attorney will end if during the proceedings all only upon one or more of the blood tests show taken during the proceedings showing that you are not excluded as the father or and that the statistical probability of your being the father is less than 99.0% or higher. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

AB150-engrossed, s. 7113c Section 7113c. 767.455 (6) of the statutes is amended to read:

AB150-engrossed,2406,2 767.455 (6) Document. The summons served on the respondent shall be accompanied by a document, provided without charge by the clerk of court, setting forth the percentage standard established by the department of health and social services under s. 46.25 73.25 (9) and listing the factors which a court may consider under s. 767.51 (5).

AB150-engrossed, s. 7114j Section 7114j. 767.47 (6) (a) of the statutes is amended to read:

AB150-engrossed,2406,12 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 49.19 (4) (h) 1. or 49.45 (19), the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department of health and social services which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

AB150-engrossed, s. 7115 Section 7115. 767.51 (3m) (a) of the statutes is amended to read:

AB150-engrossed,2406,15 767.51 (3m) (a) In this subsection, "health insurance" does not include medical assistance provided under subch. IV of ch. 49.

AB150-engrossed, s. 7115r Section 7115r. 767.51 (3m) (d) 2. of the statutes is amended to read:

AB150-engrossed,2406,19 767.51 (3m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department of health and social services or the county designee under s. 59.07 (97).

AB150-engrossed, s. 7116 Section 7116. 767.51 (3m) (e) 1. of the statutes is amended to read:

AB150-engrossed,2407,3 767.51 (3m) (e) 1. If a parent who has been ordered by a court to provide coverage of the health care expenses of a child who is eligible for medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 receives payment from a 3rd party for the cost of services provided to the child but does not pay the health care provider for the services or reimburse the department of health and social services or any other person who paid for the services on behalf of the child, the department of health and social services may obtain a judgment against the parent for the amount of the 3rd party payment.

AB150-engrossed, s. 7116m Section 7116m. 767.51 (4g) of the statutes is amended to read:

AB150-engrossed,2407,8 767.51 (4g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported to the department of health and social services, or the county child and spousal support agency, under s. 46.25 73.25 (2m).

AB150-engrossed, s. 7116p Section 7116p. 767.51 (4m) of the statutes is amended to read:

AB150-engrossed,2407,12 767.51 (4m) Except as provided in sub. (5), the court shall determine child support payments by using the percentage standard established by the department of health and social services under s. 46.25 73.25 (9).

AB150-engrossed, s. 7118m Section 7118m. 767.52 (1) of the statutes is amended to read:

AB150-engrossed,2407,21 767.52 (1) At the pretrial hearing, at the trial and in any further proceedings in any paternity action, any party may be represented by counsel. If the respondent is indigent and the state is the petitioner under s. 767.45 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.45 (6) or the action is commenced on behalf of the child by an attorney appointed under s. 767.045 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, and subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel.

AB150-engrossed, s. 7119m Section 7119m. 767.52 (2) of the statutes is amended to read:

AB150-engrossed,2408,3 767.52 (2) An attorney appointed under sub. (1) who is appearing on behalf of a party in a paternity action shall represent that party, subject to the limitations under sub. (2m), in all issues and proceedings relating to the paternity determination and the initial establishment of support. The appointed attorney may not represent the party in any proceeding relating to child support, legal custody, periods of physical placement or related issues.

AB150-engrossed, s. 7120m Section 7120m. 767.52 (2m) of the statutes is amended to read:

AB150-engrossed,2408,14 767.52 (2m) Representation by an attorney appointed under sub. (1) shall be provided beginning at the pretrial hearing unless, as of the date of the hearing, only after the results of any blood tests that were ordered by the court have been completed and only if all of the results fail to show that the alleged father is excluded or and fail to give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child. Representation by an attorney appointed under sub. (1) shall terminate during the paternity proceeding if the results of all of the blood tests ordered by the court show that the alleged father is excluded or give rise to the rebuttable presumption under s. 767.48 (1m) that the alleged father is the father of the child.

AB150-engrossed, s. 7121d Section 7121d. 767.52 (3) of the statutes is amended to read:

AB150-engrossed,2408,18 767.52 (3) This section does not prevent an attorney responsible for support enforcement under s. 59.458 (1) or any other attorney employed under s. 46.25 73.25 or 59.07 (97) from appearing in any paternity action as provided under s. 767.45 (6).

AB150-engrossed, s. 7121f Section 7121f. 767.53 (2) of the statutes is amended to read:

AB150-engrossed,2408,21 767.53 (2) The clerk of circuit court shall provide information from court records to the department of health and social services under s. 59.395 (7).

AB150-engrossed, s. 7125p Section 7125p. 769.201 (7) of the statutes is amended to read:

AB150-engrossed,2409,2 769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and social services revenue under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

AB150-engrossed, s. 7125r Section 7125r. 769.31 (1) of the statutes is amended to read:

AB150-engrossed,2409,5 769.31 (1) The department of health and social services revenue is the state information agency under this chapter.

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

AB150-engrossed,2409,13 769.316 (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-engrossed, s. 7128b Section 7128b. 776.44 of the statutes is amended to read:

AB150-engrossed,2409,18 776.44 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 financial institutions.

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

AB150-engrossed,2409,22 779.87 (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-engrossed, s. 7129e Section 7129e. 779.93 (title) of the statutes is amended to read:

AB150-engrossed,2409,25 779.93 (title) Duties of the department of justice agriculture, trade and consumer protection.

AB150-engrossed, s. 7129m Section 7129m. 779.93 (1) of the statutes is amended to read:

AB150-engrossed,2410,6 779.93 (1) The department of justice agriculture, trade and consumer protection shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of justice agriculture, trade and consumer protection may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

AB150-engrossed, s. 7129s Section 7129s. 779.93 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,2410,10 779.93 (2) (intro.) The department of justice agriculture, trade and consumer protection may in behalf of the state or in behalf of any person who holds a prepaid maintenance lien:

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

AB150-engrossed,2410,15 779.97 (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-engrossed, s. 7131b Section 7131b. 779.97 (2) (c) 2. of the statutes is amended to read:

AB150-engrossed,2410,19 779.97 (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-engrossed, s. 7132b Section 7132b. 779.97 (2) (c) 3. of the statutes is amended to read:

AB150-engrossed,2410,23 779.97 (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-engrossed, s. 7133b Section 7133b. 779.97 (4) (a) 1. of the statutes is amended to read:

AB150-engrossed,2411,4 779.97 (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-engrossed, s. 7134b Section 7134b. 779.97 (4) (b) 1. of the statutes is amended to read:

AB150-engrossed,2411,11 779.97 (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-engrossed, s. 7135 Section 7135. 779.97 (4) (b) 2. of the statutes is amended to read:

AB150-engrossed,2411,22 779.97 (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-engrossed, s. 7136b Section 7136b. 779.97 (4) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2412,12 779.97 (4) (b) 2. If a certificate of release 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 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 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 secretary of state 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.

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

AB150-engrossed,2412,17 779.97 (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-engrossed, s. 7138b Section 7138b. 779.97 (4) (b) 4. of the statutes is amended to read:

AB150-engrossed,2412,22 779.97 (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-engrossed, s. 7139 Section 7139. 779.97 (4) (c) 2. of the statutes is amended to read:

AB150-engrossed,2413,9 779.97 (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-engrossed, s. 7140b Section 7140b. 779.97 (4) (c) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-engrossed,2413,23 779.97 (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 department of financial institutions, or a register of deeds if authorized under s. 59.512, a microfilm or other photographic record or optical disk 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-engrossed, s. 7140m Section 7140m. 799.01 (1) (c) of the statutes is amended to read:

AB150-engrossed,2414,2 799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $4,000 $5,000.

AB150-engrossed, s. 7140p Section 7140p. 799.01 (1) (d) (intro.) of the statutes is amended to read:

AB150-engrossed,2414,5 799.01 (1) (d) Other civil actions. (intro.) Other civil actions where the amount claimed is $4,000 $5,000 or less, if the actions or proceedings are:

AB150-engrossed, s. 7140r Section 7140r. 799.01 (2) of the statutes is amended to read:

AB150-engrossed,2414,10 799.01 (2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $4,000 $5,000 or less. This chapter is not the exclusive procedure for those actions.

AB150-engrossed, s. 7140x Section 7140x. 800.01 (2) (a) of the statutes is amended to read:

AB150-engrossed,2414,13 800.01 (2) (a) Service under sub. (1) (a) shall be as provided in s. 801.11 or 968.04 (3) (b) 2. or by personal service by a municipal employe.

AB150-engrossed, s. 7141d Section 7141d. 800.095 (7m) of the statutes is created to read:

AB150-engrossed,2414,19 800.095 (7m) Transfer of unclaimed money. In addition to the procedures under this section, a municipal court may order the transfer of any of the defendant's money that the municipality is holding and that is unclaimed by the defendant for more than one year to pay any forfeitures that the defendant failed to pay the municipality.

AB150-engrossed, s. 7141g Section 7141g. 801.02 (7) of the statutes is created to read:

AB150-engrossed,2415,2 801.02 (7) No prisoner, as defined in s. 301.01 (2), may commence a civil action or special proceeding against an officer, employe or agent of the department of corrections in his or her official capacity or as an individual for acts or omissions committed while carrying out his or her duties as an officer, employe or agent or while acting within the scope of his or her office, employment or agency until the person has exhausted any administrative remedies that the department of corrections has promulgated by rule.

AB150-engrossed, s. 7141r Section 7141r. 802.04 (1) of the statutes is amended to read:

AB150-engrossed,2415,19 802.04 (1) Caption. Every pleading shall contain a caption setting forth the name of the court, the venue, the title of the action, the file number, and a designation as in s. 802.01 (1). If a pleading contains motions, or an answer or reply contains cross-claims or counterclaims, the designation in the caption shall state their existence. In the complaint the caption of the action shall include the standardized description of the case classification type and associated code number as approved by the director of state courts, and the title of the action shall include the names and addresses of all the parties, indicating the representative capacity, if any, in which they sue or are sued and, in actions by or against a corporation, the corporate existence and its domestic or foreign status shall be indicated. In pleadings other than the complaint, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Every pleading commencing an action under s. 814.61 (1) (a) or 814.62 (1) or (2) and every complaint filed under s. 814.61 (3) shall contain in the caption, if the action includes a claim for a money judgment, a statement of whether the amount claimed is greater than the amount under s. 799.01 (1) (d).

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