AB100: Bill Text

AB100,1925,21 803.03 (2) (b) Options after joinder. Any party joined pursuant to par. (a) may 1. participate in the prosecution of the action, 2. agree to have his or her interest represented by the party who caused the joinder, or 3. move for dismissal with or without prejudice. If the party joined chooses to participate in the prosecution of the action, the party joined shall have an equal voice with other claimants in such prosecution. If Except as provided in par. (bm), if the party joined chooses to have his or her interest represented by the party who caused the joinder, the party joined shall sign a written waiver of the right to participate which shall express consent to be bound by the judgment in the action. Such waiver shall become binding when filed with the court, but a party may withdraw the waiver upon timely motion to the judge to whom the case has been assigned with notice to the other parties. A party who represents the interest of another party and who obtains a judgment favorable to such other party may be awarded reasonable attorneys fees by the court. If the party joined moves for dismissal without prejudice as to his or her claim, the party shall demonstrate to the court that it would be unjust to require the party to prosecute the claim with the principal claim. In determining whether to grant the motion to dismiss, the court shall weigh the possible prejudice to the movant against the state's interest in economy of judicial effort.

AB100, s. 5179 Section 5179. 803.03 (2) (bm) of the statutes is created to read:

AB100,1926,10 803.03 (2) (bm) Joinders because of implication of medical assistance. If the department of health and family services is joined as a plaintiff pursuant to par. (a) and s. 49.89 (2) because of the provision of benefits under subch. IV of ch. 49, the department of health and family services need not sign a waiver of the right to participate in order to have its interests represented by the party that caused the joinder. If the department of health and family services makes no selection under par. (b), the party causing the joinder shall represent the interests of the department of health and family services and the department of health and family services shall be bound by the judgment in the action. Regardless of whether the department of health and family services joins in prosecuting the claim, the portion of the proceeds of the claim that represents benefits paid under subch. IV of ch. 49 as a result of the occurrence of injury, sickness or death for which the claim arose shall be paid to the department of health and family services pursuant to s. 49.89 (5).

AB100, s. 5180 Section 5180. 808.075 (4) (d) 9. of the statutes is amended to read:

AB100,1926,13 808.075 (4) (d) 9. Enforcement of payments under s. 767.30 or, 767.51 or 767.62 (4).

AB100, s. 5181 Section 5181. 808.075 (4) (d) 10. of the statutes is amended to read:

AB100,1926,16 808.075 (4) (d) 10. Enforcement of orders under s. 767.305 or, 767.51 or 767.62 (4).

AB100, s. 5182 Section 5182. 808.075 (4) (d) 11. of the statutes is amended to read:

AB100,1926,19 808.075 (4) (d) 11. Enforcement or modification of assignments under s. 767.25 (4m), 767.265 or, 767.51 (3m) or 767.62 (4) (b) 3.

AB100, s. 5183 Section 5183. 813.16 (7) of the statutes is amended to read:

AB100,1927,2 813.16 (7) If the person seeking the appointment of a receiver under sub. (1) is a corporation supervised by the division of savings and loan institutions, home loan bank board, U.S. office of thrift supervision, federal deposit insurance corporation or resolution trust corporation, the court, unless the opposing party objects, shall appoint an officer of such corporation as receiver to act without compensation and to give such bond as the court requires.

AB100, s. 5184 Section 5184. 814.03 (3) of the statutes is created to read:

AB100,1927,10 814.03 (3) Notwithstanding subs. (1) and (2), where the department of health and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and 803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where the interests of the department of health and family services or of the county are represented under s. 803.03 (2) (b) or (bm) by the party who caused the joinder, the department of health and family services or the county shall not be liable for costs to any prevailing defendant.

AB100, s. 5185 Section 5185. 814.60 (2) (an) of the statutes is created to read:

AB100,1927,12 814.60 (2) (an) Crime laboratories assessment imposed under s. 165.755.

AB100, s. 5186 Section 5186. 814.60 (2) (cg) of the statutes is created to read:

AB100,1927,14 814.60 (2) (cg) Enforcement assessment imposed by s. 253.06 (4) (c).

AB100, s. 5187 Section 5187. 814.61 (12) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100, s. 5188 Section 5188. 814.61 (12) (b) (intro.) of the statutes is amended to read:

AB100,1928,7 814.61 (12) (b) Maintenance payments and support. (intro.) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk may not deduct the annual fee from the maintenance or support payment, but:

AB100, s. 5189 Section 5189. 814.61 (12) (cm) of the statutes is repealed.

AB100, s. 5190 Section 5190. 814.612 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100, s. 5191 Section 5191. 814.612 (intro.) of the statutes is amended to read:

AB100,1929,2 814.612 Fees of designee for receiving and disbursing support. (intro.) In a county that has designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the support collection designee, for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.07 (97m) (b) 1. 59.53 (5m) (b) 1., shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:

AB100, s. 5192 Section 5192. 814.63 (3) (am) of the statutes is created to read:

AB100,1929,4 814.63 (3) (am) Crime laboratories assessment imposed under s. 165.755.

AB100, s. 5193 Section 5193. 814.63 (3) (bg) of the statutes is created to read:

AB100,1929,6 814.60 (3) (bg) Enforcement assessment imposed by s. 253.06 (4) (c).

AB100, s. 5194 Section 5194. 814.635 (1) of the statutes is amended to read:

AB100,1929,13 814.635 (1) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $5 $7 justice information system fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information system fee is in addition to the other fees listed in this section.

AB100, s. 5195 Section 5195. 814.70 (9) (a) (intro.) of the statutes is amended to read:

AB100,1929,18 814.70 (9) (a) (intro.) A fee of $50 $150, of which $25 $75 shall be prepaid and nonrefundable, for all necessary activities of the sheriff in connection with the sale of real estate by the sheriff or other officers, under any judgment or order of court, and making all the necessary papers and notices, including but not limited to:

AB100, s. 5196 Section 5196. 815.19 (2) of the statutes is amended to read:

AB100,1930,2 815.19 (2) If the property seized is an automobile which is appraised and can be sold for more than $1,000 or if the property seized is a tractor used in farming operations which is appraised and can be sold for more than $1,500, the officer may sell such automobile or tractor and out of the proceeds of such sale the officer shall pay to the debtor or the debtor's spouse the exempted value of such automobile or tractor. The balance of the proceeds of such sale shall be applied on the execution or attachment. This subsection does not apply to automobiles or tractors levied against under s. 49.854.

AB100, s. 5197 Section 5197. 815.20 (1) of the statutes is amended to read:

AB100,1930,20 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment and from liability for the debts of the owner to the amount of $40,000, except mortgages, laborers', mechanics' and purchase money liens, liens under s. 49.854 and taxes and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $40,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife jointly or in common or as marital property, and when they reside in the same household may be claimed by either or may be divided in any proportion between them, but the exemption may not exceed $40,000 for the household. If the husband and wife fail to agree on the division of exemption, the exemption shall be divided between them by the court in which the first judgment was taken. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB100, s. 5198 Section 5198. 823.115 (1) of the statutes is amended to read:

AB100,1931,9 823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 292.31 (8) (i) , 292.41 (6) (d) or 292.81.

AB100, s. 5199 Section 5199. 852.05 (2) of the statutes is amended to read:

AB100,1931,14 852.05 (2) Property of a nonmarital child passes in accordance with s. 852.01 except that the father or the father's kindred can inherit only if the father has been adjudicated to be the father in a paternity proceeding under ch. 767 or has been determined to be the father under s. 767.62 (1).

AB100, s. 5200 Section 5200. 859.07 (2) of the statutes is amended to read:

AB100,1932,2 859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10, 48.36, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent ever received medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and family services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.001 (6).

AB100, s. 5201 Section 5201. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03 (1g) (intro.), as renumbered, is amended to read:

AB100,1932,14 867.03 (1g) Generally. (intro.) When a decedent leaves solely owned property in this state which does not exceed $10,000 in value, any heir of the decedent or person who was guardian of the decedent at the time of the decedent's death may collect any money due the decedent, receive the property of the decedent if it is not an interest in or lien on real property and have any evidence of interest, obligation to or right of the decedent transferred to the affiant upon furnishing the person owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, obligation to or right, with proof of prior mailed notice under sub. (1m) if applicable and with an affidavit in duplicate showing all of the following:

AB100, s. 5202 Section 5202. 867.03 (1c) of the statutes is created to read:

AB100,1932,17 867.03 (1c) Definition. In this section, "guardian" has the meaning given in s. 880.01 (3).

AB100, s. 5203 Section 5203. 867.03 (1m) (a) of the statutes is amended to read:

AB100,1933,3 867.03 (1m) (a) Whenever an heir or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1) (1g) and the decedent or the decedent's spouse ever received medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health and family services of his or her intent. The notice shall include the information in the affidavit under sub. (1) (1g) and the heir or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.

AB100, s. 5204 Section 5204. 867.03 (1m) (b) of the statutes is amended to read:

AB100,1933,12 867.03 (1m) (b) An heir or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1) (1g) that states that the decedent or the decedent's spouse received medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir or person who was guardian of the decedent at the time of the decedent's death files the affidavit.

AB100, s. 5205 Section 5205. 867.03 (2) of the statutes is amended to read:

AB100,1933,18 867.03 (2) Release of liability of transferor. Upon the transfer to the heir or person who was guardian of the decedent at the time of the decedent's death furnishing the affidavit with an attached proof of mail delivery if required under sub. (1m) (b), the transferor is released to the same extent as if the transfer had been made to the personal representative of the estate of the decedent.

AB100, s. 5206 Section 5206. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a) (intro.) and amended to read:

AB100,1934,6 867.035 (1) (a) (intro.) The Except as provided in par. (bm), the department of health and family services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent , including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

AB100, s. 5207 Section 5207. 867.035 (1) (a), (am) and (b) of the statutes are renumbered 867.035 (1) (a) 1., 2. and 3.

AB100, s. 5208 Section 5208. 867.035 (1) (bm) of the statutes is created to read:

AB100,1934,11 867.035 (1) (bm) The department of health and family services may not collect by affidavit under this section from any of the following property of the decedent:

AB100,1934,12 1. Interests in or liens on real property.

AB100,1934,13 2. Wearing apparel and jewelry.

AB100,1934,14 3. Household furniture, furnishings and appliances.

AB100,1934,15 4. Motor vehicles and recreational vehicles.

AB100, s. 5209 Section 5209. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4. and amended to read:

AB100,1934,20 867.035 (1) (a) 4. The value of the solely owned property in this state left by the decedent, after payment of burial costs, does not exceed the amount under s. 867.03 (1) (1g) (intro.).

AB100, s. 5210 Section 5210. 867.035 (2) of the statutes is amended to read:

AB100,1935,2 867.035 (2) A person who possesses property of a decedent shall transmit the property to the department of health and family services upon receipt of an affidavit by a person designated by the secretary of health and family services to administer this section showing that the conditions in sub. (1) (a) are satisfied. Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

AB100, s. 5211 Section 5211. 867.035 (4) of the statutes is amended to read:

AB100,1935,11 867.035 (4) From the appropriation under s. 20.435 (1) (5) (im), with respect to funds collected by the department under sub. (1) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health and family services shall pay claims under sub. (3), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits under subch. IV of ch. 49.

AB100, s. 5212 Section 5212. 885.01 (5) of the statutes is created to read:

AB100,1935,16 885.01 (5) By the department of industry, labor and job development 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.

AB100, s. 5213 Section 5213. 887.23 (1) of the statutes is amended to read:

AB100,1936,6 887.23 (1) Who may require. The department of health and social services, the department of corrections, the department of education state superintendent of public instruction or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

AB100, s. 5214 Section 5214. 891.39 (1) (a) of the statutes is amended to read:

AB100,1936,20 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of a specified man, any party asserting in such action or proceeding that the husband was not the father of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man other than the husband is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB100, s. 5215 Section 5215. 891.405 of the statutes is amended to read:

AB100,1936,25 891.405 Presumption of paternity based on acknowledgment. A man is presumed to be the natural father of a child if he and the mother have acknowledged paternity under s. 69.15 (3) (b) 1. or 3. and no other man is presumed to be the father under s. 891.41 (1).

AB100, s. 5216 Section 5216. 891.41 of the statutes is renumbered 891.41 (1), and 891.41 (1) (b), as renumbered, is amended to read:

AB100,1937,7 891.41 (1) (b) He and the child's natural mother were married to each other after the child was born but he and the child's natural mother had a relationship with one another during the period of time within which the child was conceived and no other man has been adjudicated to be the father or presumed to be the father of the child under sub. (1) par. (a).

AB100, s. 5217 Section 5217. 891.41 (2) of the statutes is created to read:

AB100,1937,14 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man other than the man presumed to be the father under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's parentage is 99.0% or higher, even if the man presumed to be the father under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB100, s. 5218 Section 5218. 893.80 (6m) of the statutes is created to read:

AB100,1937,19 893.80 (6m) A local governmental unit, as defined in s. 345.05 (1) (bg), its officers, officials, agents or employes shall not be liable for any claim for damages to person or property arising out of the operation of a snowplow, as defined in s. 340.01 (58m).

AB100, s. 5219 Section 5219. 893.80 (8) of the statutes is amended to read:

AB100,1937,22 893.80 (8) This section does not apply to actions commenced under s. 19.37 or, 19.97 or 281.99.

AB100, s. 5220 Section 5220. 895.035 (2m) (b) of the statutes is amended to read:

AB100,1938,12 895.035 (2m) (b) If a child fails to pay a forfeiture or surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court or if it appears likely that the child will not pay the forfeiture or surcharge as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or surcharge unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or surcharge is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

AB100, s. 5221 Section 5221. 895.035 (2m) (bm) 1. of the statutes is amended to read:

AB100,1939,2 895.035 (2m) (bm) 1. Before issuing an order under par. (a) or (b), the court assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the parent notice of the intent to issue the order and an opportunity to be heard regarding the order. The court shall give the child and the parent an opportunity to present evidence as to the amount of the restitution or , forfeiture or surcharge unpaid, but not as to the amount of the restitution or , forfeiture or surcharge originally ordered. The court shall also give the child and the parent an opportunity to present evidence as to the reason for the failure to pay the restitution or, forfeiture or surcharge and the ability of the child or the parent to pay the restitution or, forfeiture or surcharge. In considering the ability of the child or the parent to pay the restitution or, forfeiture or surcharge, the court may consider the assets, as well as the income, of the child or the parent and may consider the future ability of the child or parent to pay the restitution or, forfeiture or surcharge within the time specified in s. 893.40.

AB100, s. 5222 Section 5222. 895.035 (2m) (c) of the statutes is amended to read:

AB100,1939,20 895.035 (2m) (c) The court assigned to exercise jurisdiction under chs. 48 and 938 may order that the child perform community service work for a public agency or nonprofit charitable organization that is designated by the court in lieu of making restitution or paying the forfeiture or surcharge. If the parent agrees to perform community service work in lieu of making restitution or paying the forfeiture or surcharge, the court may order that the parent perform community service work for a public agency or a nonprofit charitable organization that is designated by the court. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the child or parent to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the restitution or, forfeiture or surcharge by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the child or parent is provided with a written statement of the terms of the community service order and that the community service order is monitored.