SB45, s. 3048 22Section 3048. 701.065 (1) (b) 1. of the statutes is amended to read:
SB45,1297,323 701.065 (1) (b) 1. The claim is a claim based on tort, on a marital property
24agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on
25Wisconsin income, franchise, sales, withholding, gift or death taxes, or on

1unemployment compensation contributions due or benefits overpaid,; a claim for
2funeral or administrative expenses,; a claim of this state under s. 46.27 (7g), 49.496
3or 49.682 or rules promulgated under s. 46.286 (7); or a claim of the United States.
SB45, s. 3049 4Section 3049. 705.04 (2g) of the statutes is amended to read:
SB45,1297,145 705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and
6family services may collect, from funds of a decedent that are held by the decedent
7immediately before death in a joint account or a P.O.D. account, an amount equal to
8the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal
9to aid under 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2) (a) or, an
10amount equal to long-term community support services under s. 46.27 that is
11recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or
12the decedent's spouse or an amount equal to the family care benefit under s. 46.286
13that is recoverable under rules promulgated under s. 46.286 (7) and that was paid
14on behalf of the decedent or the decedent's spouse
.
SB45, s. 3050 15Section 3050. 709.01 (1) of the statutes is amended to read:
SB45,1297,2116 709.01 (1) Except as provided in sub. (2), all persons who transfer real property
17located in this state, including a condominium unit, as defined in s. 703.02 (15), and
18time-share property, as defined in s. 707.02 (32),
but excluding property that has not
19been inhabited, that includes 1 to 4 dwelling units, as defined in s. 101.61 (1), by sale,
20exchange or land contract, unless the transfer is exempt from the real estate transfer
21fee under s. 77.25, shall comply with ss. 709.02 to 709.04 and 709.06.
SB45, s. 3051 22Section 3051. 767.075 (1) (c) of the statutes is amended to read:
SB45,1297,2523 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45
24is provided on behalf of a dependent child or benefits are provided to the child's
25custodial parent under s. 49.124 or under ss. 49.141 to 49.161.
SB45, s. 3052
1Section 3052. 767.078 (1) (b) (intro.) of the statutes is amended to read:
SB45,1298,42 767.078 (1) (b) (intro.) Except as provided in par. (c) or (d), in a case involving
3a dependent child, if the child's parent who is absent from the home is not employed,
4the court shall order that parent to do one or more of the following:
SB45, s. 3053 5Section 3053. 767.078 (1) (c) of the statutes is amended to read:
SB45,1298,76 767.078 (1) (c) An order is not required under par. (b) or (d) if the court makes
7written findings that there is good cause for not issuing the order.
SB45, s. 3054 8Section 3054. 767.078 (1) (d) of the statutes is repealed.
SB45, s. 3055 9Section 3055. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act
10191
, section 411, is amended to read:
SB45,1299,211 767.265 (1) Each order for child support under this chapter, for maintenance
12payments under s. 767.23 or 767.26, for family support under this chapter, for costs
13ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02
14(1) (f) or, for maintenance payments under s. 767.02 (1) (g) or for the annual receiving
15and disbursing fee under s. 767.29 (1) (d)
, each order for a revision in a judgment or
16order with respect to child support, maintenance or family support payments under
17s. 767.32, each stipulation approved by the court or the family court commissioner
18for child support under this chapter and each order for child or spousal support
19entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings,
20salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that
21are payable in instalments and other money due or to be due in the future to the
22department or its designee. The assignment shall be for an amount sufficient to
23ensure payment under the order or stipulation and to pay any arrearages due at a
24periodic rate not to exceed 50% of the amount of support due under the order or

1stipulation so long as the addition of the amount toward arrearages does not leave
2the party at an income below the poverty line established under 42 USC 9902 (2).
SB45, s. 3056 3Section 3056. 767.265 (1m) of the statutes is created to read:
SB45,1299,84 767.265 (1m) If a party's current obligation to pay maintenance, child support,
5spousal support or family support terminates but the party has an arrearage in the
6payment of one or more of those payments, the assignment shall continue in effect,
7in an amount up to the amount of the assignment before the party's current
8obligation terminated, until the arrearage is paid in full.
SB45, s. 3057 9Section 3057. 767.265 (1m) of the statutes, as created by 1999 Wisconsin Act
10.... (this act), is amended to read:
SB45,1299,1611 767.265 (1m) If a party's current obligation to pay maintenance, child support,
12spousal support or, family support or the annual receiving and disbursing fee
13terminates but the party has an arrearage in the payment of one or more of those
14payments, the assignment shall continue in effect, in an amount up to the amount
15of the assignment before the party's current obligation terminated, until the
16arrearage is paid in full.
SB45, s. 3058 17Section 3058. 767.265 (2h) of the statutes is amended to read:
SB45,1300,1018 767.265 (2h) If a court-ordered assignment, including the assignment
19specified under sub. (1) for the payment of any arrearages due,
does not require
20immediately effective withholding and a payer fails to make a required maintenance,
21child support, spousal support or family support payment within 10 days after its due
22date, within 20 days after the payment's due date the court or, family court
23commissioner or county child support agency under s. 59.53 (5) shall cause the
24assignment to go into effect by providing notice of the assignment in the manner
25provided under sub. (2r) and shall send a notice by regular mail to the last-known

1address of the payer. The notice sent to the payer shall inform the payer that an
2assignment is in effect and that the payer may, within a 10-day period, by motion
3request a hearing on the issue of whether the assignment should remain in effect.
4The court or family court commissioner shall hold a hearing requested under this
5subsection within 10 working days after the date of the request. If at the hearing the
6payer establishes that the assignment is not proper because of a mistake of fact, the
7court or family court commissioner may direct that the assignment be withdrawn.
8Either party may, within 15 working days after the date of a decision by a family court
9commissioner under this subsection, seek review of the decision by the court with
10jurisdiction over the action.
SB45, s. 3059 11Section 3059 . 767.265 (2h) of the statutes, as affected by 1999 Wisconsin Act
12.... (this act), is amended to read:
SB45,1301,513 767.265 (2h) If a court-ordered assignment, including the assignment
14specified under sub. (1) for the payment of any arrearages due, does not require
15immediately effective withholding and a payer fails to make a required maintenance,
16child support, spousal support or, family support or annual receiving and disbursing
17fee
payment within 10 days after its due date, within 20 days after the payment's due
18date the court, family court commissioner or county child support agency under s.
1959.53 (5) shall cause the assignment to go into effect by providing notice of the
20assignment in the manner provided under sub. (2r) and shall send a notice by regular
21mail to the last-known address of the payer. The notice sent to the payer shall inform
22the payer that an assignment is in effect and that the payer may, within a 10-day
23period, by motion request a hearing on the issue of whether the assignment should
24remain in effect. The court or family court commissioner shall hold a hearing
25requested under this subsection within 10 working days after the date of the request.

1If at the hearing the payer establishes that the assignment is not proper because of
2a mistake of fact, the court or family court commissioner may direct that the
3assignment be withdrawn. Either party may, within 15 working days after the date
4of a decision by a family court commissioner under this subsection, seek review of the
5decision by the court with jurisdiction over the action.
SB45, s. 3060 6Section 3060. 767.265 (2m) of the statutes is created to read:
SB45,1301,237 767.265 (2m) An obligation to pay unpaid fees under s. 767.29 (1) (dm)
8constitutes an assignment of all commissions, earnings, salaries, wages, pension
9benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments
10and other money due or to be due in the future to the department or its designee. The
11county child support agency under s. 59.53 (5) may cause the assignment to go into
12effect by providing notice of the assignment in the manner provided under sub. (2r)
13and sending a notice by regular mail to the last-known address of the payer. The
14notice sent to the payer shall inform the payer that an assignment is in effect and
15that the payer may, within a 10-day period, by motion request a hearing on the issue
16of whether the assignment should remain in effect. The court or family court
17commissioner shall hold a hearing requested under this subsection within 10
18working days after the date of the request. If at the hearing the payer establishes
19that the assignment is not proper because of a mistake of fact, the court or family
20court commissioner may direct that the assignment be withdrawn. The payer or the
21county child support agency may, within 15 working days after the date of a decision
22by a family court commissioner under this subsection, seek review of the decision by
23the court with jurisdiction over the action.
SB45, s. 3061 24Section 3061. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act
25191
, section 414, is amended to read:
SB45,1302,16
1767.265 (2r) Upon entry of each order for child support, maintenance, family
2support or, support by a spouse or the annual receiving and disbursing fee, and upon
3approval of each stipulation for child support, unless the court finds that income
4withholding is likely to cause the payer irreparable harm or unless s. 767.267
5applies, the court, family court commissioner or county child support agency under
6s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile
7machine, as defined in s. 134.72 (1) (a), or other electronic means to the last-known
8address of the person from whom the payer receives or will receive money. The notice
9shall provide that the amount withheld may not exceed the maximum amount that
10is subject to garnishment under 15 USC 1673 (b) (2). If the department or its
11designee, whichever is appropriate, does not receive the money from the person
12notified, the court, family court commissioner or county child support agency under
13s. 59.53 (5) shall provide notice of the assignment to any other person from whom the
14payer receives or will receive money. Notice under this subsection may be a notice
15of the court, a copy of the executed assignment or a copy of that part of the court order
16directing payment.
SB45, s. 3062 17Section 3062. 767.29 (1) (d) (intro.) and 1. of the statutes, as created by 1997
18Wisconsin Act 27
, are consolidated, renumbered 767.29 (1) (d) and amended to read:
SB45,1303,1019 767.29 (1) (d) For receiving and disbursing maintenance, child support or
20family support payments, and for maintaining the records required under par. (c),
21the department or its designee shall collect an annual fee of $25 to be paid by each
22party ordered to make payments
. The court or family court commissioner shall order
23each party ordered to make payments to pay the annual fee under this paragraph at
24the time of, and in addition to, the first payment to the department or its designee

25in each year for which payments are ordered. In directing the manner of payment

1of the annual fee, the court or family court commissioner shall order that the annual
2fee be withheld from income and sent to the department or its designee, as provided
3under s. 767.265.
All fees collected under this paragraph shall be deposited in the
4appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment
5of an annual fee under this paragraph, the court or family court commissioner shall
6notify each party ordered to make payments of the requirement to pay the annual
7fee and of the amount of the annual fee. If the annual fee under this section
8paragraph is not paid when due, the department or its designee may not deduct the
9annual fee from the maintenance or child or family support payment, but may do any
10of the following: 1. Move
move the court for a remedial sanction under ch. 785.
SB45, s. 3063 11Section 3063. 767.29 (1) (d) 2. of the statutes, as created by 1997 Wisconsin
12Act 27
, is repealed.
SB45, s. 3064 13Section 3064. 767.29 (1) (dm) of the statutes is created to read:
SB45,1304,314 767.29 (1) (dm) The department or its designee may collect any unpaid fees
15under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated
16payment and collection system on December 31, 1998, and shall deposit all fees
17collected under this paragraph in the appropriation account under s. 20.445 (3) (ja).
18The department or its designee may collect unpaid fees under this paragraph
19through income withholding under s. 767.265 (2m). If the department or its designee
20determines that income withholding is inapplicable, ineffective or insufficient for the
21collection of any unpaid fees under this paragraph, the department or its designee
22may move the court for a remedial sanction under ch. 785. The department or its
23designee may contract with or employ a collection agency or other person for the
24collection of any unpaid fees under this paragraph and, notwithstanding s. 20.930,
25may contract with or employ an attorney to appear in any action in state or federal

1court to enforce the payment obligation. The department or its designee may not
2deduct the amount of unpaid fees from any maintenance or child or family support
3payment.
SB45, s. 3065 4Section 3065. 775.01 of the statutes is amended to read:
SB45,1304,11 5775.01 Actions against state; bond. Upon Except as provided in s. 893.83,
6upon
the refusal of the legislature to allow a claim against the state, the claimant
7may commence an action against the state by service as provided in s. 801.11 (3) and
8by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties,
9to be approved by the attorney general, to the effect that the claimant will indemnify
10the state against all costs that may accrue in such action and pay to the clerk of court
11all costs, in case the claimant fails to obtain judgment against the state.
SB45, s. 3066 12Section 3066. 778.02 of the statutes is amended to read:
SB45,1305,3 13778.02 Action in name of state; complaint; attachment. Every such
14forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to
15allege in the complaint that the defendant is indebted to the plaintiff in the amount
16of the forfeiture claimed, according to the provisions of the statute that imposes it,
17specifying the statute and for the penalty assessment imposed by s. 165.87 757.05,
18the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law
19enforcement assessment imposed by s. 165.755, the enforcement assessment
20imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer information
21assessment imposed by s. 100.261
and any applicable domestic abuse assessment
22imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or
23delinquencies the complaint shall specify the particular offense or delinquency for
24which the action is brought, with a demand for judgment for the amount of the
25forfeiture, penalty assessment, jail assessment, crime laboratories and drug law

1enforcement assessment, any applicable enforcement assessment , any applicable
2consumer information assessment
and any applicable domestic abuse assessment.
3If the defendant is a nonresident of the state, an attachment may issue.
SB45, s. 3067 4Section 3067. 778.03 of the statutes is amended to read:
SB45,1305,13 5778.03 Complaint to recover forfeited goods. In an action to recover
6property forfeited by any statute it shall be sufficient to allege in the complaint that
7the property has been forfeited, specifying the statute, with a demand of judgment
8for the delivery of the property, or the value thereof and for payment of the penalty
9assessment imposed by s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1),
10the crime laboratories and drug law enforcement assessment imposed by s. 165.755,
11the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable
12consumer information assessment imposed by s. 100.261
and any applicable
13domestic abuse assessment imposed by s. 973.055 (1).
SB45, s. 3068 14Section 3068. 778.06 of the statutes is amended to read:
SB45,1305,23 15778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
16specific sum or when it is not less than one sum or more than another, the action may
17be brought for the highest sum specified and for the penalty assessment imposed by
18s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories
19and drug law enforcement assessment imposed by s. 165.755, the enforcement
20assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer
21information assessment imposed by s. 100.261
and any applicable domestic abuse
22assessment imposed by s. 973.055 (1); and judgment may be rendered for such sum
23as the court or jury shall assess or determine to be proportionate to the offense.
SB45, s. 3069 24Section 3069. 778.10 of the statutes is amended to read:
SB45,1306,20
1778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
2any ordinance or regulation of any county, town, city or village, or of any other
3domestic corporation may be sued for and recovered, under this chapter, in the name
4of the county, town, city, village or corporation. It is sufficient to allege in the
5complaint that the defendant is indebted to the plaintiff in the amount of the
6forfeiture claimed, specifying the ordinance or regulation that imposes it and of the
7penalty assessment imposed by s. 165.87 757.05, the jail assessment imposed by s.
8302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
9s. 165.755, any applicable consumer information assessment imposed by s. 100.261
10and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the
11ordinance or regulation imposes a penalty or forfeiture for several offenses or
12delinquencies the complaint shall specify the particular offenses or delinquency for
13which the action is brought, with a demand for judgment for the amount of the
14forfeiture, the penalty assessment imposed by s. 165.87 757.05, the jail assessment
15imposed by s. 302.46 (1), the crime laboratories and drug law enforcement
16assessment imposed by s. 165.755, any applicable consumer information assessment
17imposed by s. 100.261
and any applicable domestic abuse assessment imposed by s.
18973.055 (1). All moneys collected on the judgment shall be paid to the treasurer of
19the county, town, city, village or corporation, except that all jail assessments shall be
20paid to the county treasurer.
SB45, s. 3070 21Section 3070. 778.105 of the statutes is amended to read:
SB45,1307,4 22778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
23any court or any branch thereof for the violation of any municipal or county
24ordinance shall be paid to the municipality or county. Penalty assessment payments
25shall be made as provided in s. 165.87 757.05. Jail assessment payments shall be

1made as provided in s. 302.46 (1). Crime laboratories and drug law enforcement
2assessment payments shall be paid as provided in s. 165.755. Domestic abuse
3assessments shall be made as provided in s. 973.055. Consumer information
4assessment payments shall be made as provided in s. 100.261.
SB45, s. 3071 5Section 3071. 778.13 of the statutes is amended to read:
SB45,1307,18 6778.13 Forfeitures collected, to whom paid. All moneys collected in favor
7of the state for forfeiture, except the portion to be paid to any person who sues with
8the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
9county within which the forfeiture was incurred within 20 days after its receipt. In
10case of any failure in the payment the county treasurer may collect the payment of
11the officer by action, in the name of the office and upon the official bond of the officer,
12with interest at the rate of 12% per year from the time when it should have been paid.
13Penalty assessment payments shall be made as provided in s. 165.87 757.05. Jail
14assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories
15and drug law enforcement assessment payments shall be paid as provided in s.
16165.755. Domestic abuse assessments shall be made as provided in s. 973.055.
17Enforcement assessments shall be made as provided in s. 253.06 (4) (c). Consumer
18information assessment payments shall be made as provided in s. 100.261.
SB45, s. 3072 19Section 3072. 778.18 of the statutes is amended to read:
SB45,1308,11 20778.18 Penalty upon municipal judge. If any municipal judge, of his or her
21own will, dismisses any action brought before the judge under this chapter, unless
22by order of the district attorney or attorney general or the person joined as plaintiff
23with the state, or renders a less judgment therein than is prescribed by law, or
24releases or discharges any such judgment or part thereof without payment or
25collection, the judge and the judge's sureties shall be liable, in an action upon the

1judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
2imposed by the judge and for the penalty assessment imposed by s. 165.87 757.05,
3the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law
4enforcement assessment imposed by s. 165.755, any applicable consumer
5information assessment imposed by s. 100.261
and any applicable domestic abuse
6assessment imposed by s. 973.055 (1), or for an amount equal to the amount in which
7any such judgment or any part thereof is released or discharged. If any municipal
8judge gives time or delay to any person against whom any such judgment is rendered
9by the judge, or takes any bond or security for its future payment, the judge and the
10judge's sureties shall also be liable for the payment of the judgment upon the judge's
11bond.
SB45, s. 3073 12Section 3073. 799.01 (1) (am) of the statutes is amended to read:
SB45,1308,1813 799.01 (1) (am) Return of earnest money. Actions for the return of earnest
14money tendered pursuant to a contract for purchase of real property, including a
15condominium unit, as defined in s. 703.02 (15), and time-share property, as defined
16in s. 707.02 (32),
that includes 1 to 4 dwelling units, as defined in s. 101.61 (1), by sale,
17exchange or land contract unless the transfer is exempt from the real estate transfer
18fee under s. 77.25 regardless of the amount claimed.
SB45, s. 3074 19Section 3074. 800.02 (2) (a) 8. of the statutes is amended to read:
SB45,1309,220 800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
21in court at the time fixed in the citation, the defendant is deemed to have tendered
22a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
23and crime laboratories and drug law enforcement assessment, any applicable
24consumer information assessment
and any applicable domestic abuse assessment
25plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of

1the deposit. The notice shall also state that the court may decide to summon the
2defendant rather than accept the deposit and plea.
SB45, s. 3075 3Section 3075. 800.02 (3) (a) 5. of the statutes is amended to read:
SB45,1309,114 800.02 (3) (a) 5. A plain and concise statement of the violation identifying the
5event or occurrence from which the violation arose and showing that the plaintiff is
6entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
7is based and a demand for a forfeiture, the amount of which shall not exceed the
8maximum set by the statute involved, the penalty assessment, the jail assessment,
9the crime laboratories and drug law enforcement assessment, any applicable
10consumer information assessment,
any applicable domestic abuse assessment and
11such other relief that is sought by the plaintiff.
SB45, s. 3076 12Section 3076. 800.03 (3) of the statutes is amended to read:
SB45,1309,2113 800.03 (3) The amount of the deposit shall be set by the municipal judge, but
14shall not be effective until approved by the governing body of the municipality. The
15amount shall not exceed the maximum penalty for the offense, including any penalty
16assessment that would be applicable under s. 165.87 757.05, any jail assessment that
17would be applicable under s. 302.46 (1), any crime laboratories and drug law
18enforcement assessment that would be applicable under s. 165.755, any consumer
19information assessment that would be applicable under s. 100.261
and any domestic
20abuse assessment that would be applicable under s. 973.055 (1), plus court costs,
21including the fee prescribed in s. 814.65 (1).
SB45, s. 3077 22Section 3077. 800.04 (2) (b) of the statutes is amended to read:
SB45,1310,1623 800.04 (2) (b) If the municipal judge determines that the defendant should not
24be released under par. (a) and the defendant is charged with a traffic or boating
25violation, the municipal judge shall release the defendant on a deposit in the amount

1established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
2For other violations, the municipal judge shall establish a deposit in an amount not
3to exceed the maximum penalty for the offense, including any penalty assessment
4that would be applicable under s. 165.87 757.05, any jail assessment that would be
5applicable under s. 302.46 (1), any crime laboratories and drug law enforcement
6assessment that would be applicable under s. 165.755, any consumer information
7assessment that would be applicable under s. 100.261
and any domestic abuse
8assessment that would be applicable under s. 973.055 (1). If the judge in a 1st class
9city determines that a defendant appearing before the judge through interactive
10video and audio transmission should not be released under par. (a), the judge shall
11inform the defendant that he or she has the right to appear personally before a judge
12for a determination, not prejudiced by the first appearance, as to whether he or she
13should be released without a deposit. On failure of the defendant to make a deposit
14under this paragraph, he or she may be committed to jail pending trial only if the
15judge finds that there is a reasonable basis to believe the person will not appear in
16court.
SB45, s. 3078 17Section 3078. 800.04 (2) (c) of the statutes is amended to read:
SB45,1311,618 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
19and does not appear, he or she is deemed to have tendered a plea of no contest and
20submits to a forfeiture, a penalty assessment imposed by s. 165.87 757.05, a jail
21assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement
22assessment imposed by s. 165.755, any applicable consumer information assessment
23imposed by s. 100.261
and any applicable domestic abuse assessment imposed by s.
24973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the
25amount of the deposit. The court may either accept the plea of no contest and enter

1judgment accordingly, or reject the plea and issue a summons. If the court finds that
2the violation meets the conditions in s. 800.093 (1), the court may summon the
3alleged violator into court to determine if restitution shall be ordered under s.
4800.093. If the defendant fails to appear in response to the summons, the court shall
5issue a warrant under s. 968.09. If the defendant has made a deposit but does appear,
6the court shall allow the defendant to withdraw the plea of no contest.
SB45, s. 3079 7Section 3079. 800.09 (1) (intro.) of the statutes is amended to read:
SB45,1311,188 800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty it
9may render judgment by ordering restitution under s. 800.093 and payment of a
10forfeiture, the penalty assessment imposed by s. 165.87 757.05, the jail assessment
11imposed by s. 302.46 (1), the crime laboratories and drug law enforcement
12assessment imposed by s. 165.755, any applicable consumer information assessment
13imposed by s. 100.261
and any applicable domestic abuse assessment imposed by s.
14973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The
15court shall apply any payment received on a judgment that includes restitution to
16first satisfy any payment of restitution ordered, then to pay the forfeiture,
17assessments and costs. If the judgment is not paid, the court may proceed under par.
18(a), (b) or (c) or any combination of those paragraphs, as follows:
SB45, s. 3080 19Section 3080. 800.09 (1) (a) of the statutes is amended to read:
SB45,1312,620 800.09 (1) (a) The court may defer payment of any judgment or provide for
21instalment payments. At the time the judgment is rendered, the court shall inform
22the defendant, orally and in writing, of the date by which restitution and the
23payment of the forfeiture, the penalty assessment, the jail assessment, the crime
24laboratories and drug law enforcement assessment, any applicable consumer
25information assessment
and any applicable domestic abuse assessment plus costs

1must be made, and of the possible consequences of failure to do so in timely fashion,
2including imprisonment, as provided in s. 800.095, or suspension of the defendant's
3motor vehicle operating privilege, as provided in par. (c), if applicable. If the
4defendant is not present, the court shall ensure that the information is sent to the
5defendant by mail. In 1st class cities, all of the written information required by this
6paragraph shall be printed in English and Spanish and provided to each defendant.
SB45, s. 3081 7Section 3081. 800.09 (1) (c) of the statutes is amended to read:
SB45,1312,178 800.09 (1) (c) The Subject to the fee under s. 85.135, if applicable, the court may
9suspend the defendant's operating privilege, as defined in s. 340.01 (40), until
10restitution is made and the forfeiture, assessments and costs are paid, if the
11defendant has not done so within 60 days after the date the restitution or payments
12or both are to be made under par. (a) and has not notified the court that he or she is
13unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that
14the suspension period may not exceed 5 years. The court shall take possession of the
15suspended license and shall forward the license, along with a notice of the suspension
16clearly stating that the suspension is for failure to comply with a judgment of the
17court, to the department of transportation.
SB45, s. 3082 18Section 3082. 800.09 (2) (b) of the statutes is amended to read:
SB45,1313,919 800.09 (2) (b) If the person charged fails to appear personally or by an attorney
20at the time fixed for hearing of the case, the defendant may be deemed to have
21entered a plea of no contest and the money deposited, if any, or such portion thereof
22as the court determines to be an adequate penalty, plus the penalty assessment, the
23jail assessment, the crime laboratories and drug law enforcement assessment, any
24applicable consumer information assessment
and any applicable domestic abuse
25assessment plus costs, including the fee prescribed in s. 814.65 (1), may be declared

1forfeited by the court or may be ordered applied upon the payment of any penalty
2which may be imposed, together with the penalty assessment, the jail assessment,
3the crime laboratories and drug law enforcement assessment, any applicable
4consumer information assessment
and any applicable domestic abuse assessment
5plus costs. If the court finds that the violation meets the conditions in s. 800.093 (1),
6the court may summon the alleged violator into court to determine if restitution shall
7be ordered under s. 800.093. Any money remaining after payment of any penalties,
8assessments, costs and restitution shall be refunded to the person who made the
9deposit.
SB45, s. 3083 10Section 3083. 800.095 (4) (b) 4. of the statutes is amended to read:
SB45,1313,1311 800.095 (4) (b) 4. That Subject to the fee under s. 85.135, if applicable, that the
12defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the
13judgment is complied with, except that the suspension period may not exceed 5 years.
SB45, s. 3084 14Section 3084. 800.10 (2) of the statutes is amended to read:
SB45,1314,215 800.10 (2) All forfeitures, fees, penalty assessments, crime laboratories and
16drug law enforcement assessments, consumer information assessments,
domestic
17abuse assessments and costs paid to a municipal court under a judgment before a
18municipal judge shall be paid to the municipal treasurer within 7 days after receipt
19of the money by a municipal judge or other court personnel. At the time of the
20payment, the municipal judge shall report to the municipal treasurer the title of the
21action, the offense for which a forfeiture was imposed and the total amount of the
22forfeiture, fees, penalty assessments, crime laboratories and drug law enforcement
23assessments, consumer information assessments,
domestic abuse assessments and
24costs, if any. The treasurer shall disburse the fees as provided in s. 814.65 (1). All
25jail assessments paid to a municipal court under a judgment before a municipal judge

1shall be paid to the county treasurer within 7 days after receipt of the money by a
2municipal judge or other court personnel.
SB45, s. 3085 3Section 3085. 800.12 (2) of the statutes is amended to read:
SB45,1314,104 800.12 (2) A municipality may by ordinance provide that a municipal judge
5may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
6or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87 757.05,
7jail assessment under s. 302.46 and, crime laboratories and drug law enforcement
8assessment under s. 165.755, any applicable consumer information assessment
9under s. 100.261
and any applicable domestic abuse assessment under s. 973.055 (1),
10a jail sentence not to exceed 7 days.
SB45, s. 3086 11Section 3086. 803.03 (2) (b) of the statutes is amended to read:
SB45,1315,412 803.03 (2) (b) Options after joinder. Any party joined pursuant to par. (a) may
131. participate in the prosecution of the action, 2. agree to have his or her interest
14represented by the party who caused the joinder, or 3. move for dismissal with or
15without prejudice. If the party joined chooses to participate in the prosecution of the
16action, the party joined shall have an equal voice with other claimants in such
17prosecution. If Except as provided in par. (bm), if the party joined chooses to have
18his or her interest represented by the party who caused the joinder, the party joined
19shall sign a written waiver of the right to participate which shall express consent to
20be bound by the judgment in the action. Such waiver shall become binding when filed
21with the court, but a party may withdraw the waiver upon timely motion to the judge
22to whom the case has been assigned with notice to the other parties. A party who
23represents the interest of another party and who obtains a judgment favorable to
24such other party may be awarded reasonable attorneys fees by the court. If the party
25joined moves for dismissal without prejudice as to his or her claim, the party shall

1demonstrate to the court that it would be unjust to require the party to prosecute the
2claim with the principal claim. In determining whether to grant the motion to
3dismiss, the court shall weigh the possible prejudice to the movant against the state's
4interest in economy of judicial effort.
SB45, s. 3087 5Section 3087. 803.03 (2) (bm) of the statutes is created to read:
SB45,1315,186 803.03 (2) (bm) Joinders because of implication of medical assistance. If the
7department of health and family services is joined as a party pursuant to par. (a) and
8s. 49.89 (2) because of the provision of benefits under subch. IV of ch. 49, the
9department of health and family services need not sign a waiver of the right to
10participate in order to have its interests represented by the party that caused the
11joinder. If the department of health and family services makes no selection under
12par. (b), the party causing the joinder shall represent the interests of the department
13of health and family services and the department of health and family services shall
14be bound by the judgment in the action. Regardless of whether the department of
15health and family services joins in prosecuting the claim, the portion of the proceeds
16of the claim that represents benefits paid under subch. IV of ch. 49 as a result of the
17occurrence of injury, sickness or death for which the claim arose shall be paid to the
18department of health and family services pursuant to s. 49.89 (5).
SB45, s. 3088 19Section 3088. 813.16 (7) of the statutes is amended to read:
SB45,1315,2520 813.16 (7) If the person seeking the appointment of a receiver under sub. (1)
21is a corporation supervised by the division of savings and loan institutions, home
22loan bank board, U.S. office of thrift supervision, federal deposit insurance
23corporation or resolution trust corporation, the court, unless the opposing party
24objects, shall appoint an officer of such corporation as receiver to act without
25compensation and to give such bond as the court requires.
SB45, s. 3089
1Section 3089. 814.03 (3) of the statutes is amended to read:
SB45,1316,82 814.03 (3) Notwithstanding subs. (1) and (2), where the department of health
3and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and
4803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where
5the interests of the department of health and family services or of the county are
6represented under s. 803.03 (2) (b) by the party who caused the joinder
, the
7department of health and family services or the county shall not be liable for costs
8to any prevailing defendant.
SB45, s. 3090 9Section 3090. 814.04 (1) (a) of the statutes is amended to read:
SB45,1316,1710 814.04 (1) (a) When the amount recovered or the value of the property involved
11is $1,000 or over equal to or greater than the maximum amount specified in s. 799.01
12(1) (d)
, attorney fees shall be $100 may not exceed $500; when it is less than $1,000
13and is $500 or over, $50
the maximum amount specified in s. 799.01 (1) (d), but is
14$1,000 or more, attorney fees may not exceed $300
; when it is less than $500 and is
15$200 or over, $25; and when it is less than $200, $15
$1,000, attorney fees may not
16exceed $100. In all other cases in which there is no amount recovered or that do not
17involve property, attorney fees may not exceed $500
.
SB45, s. 3091 18Section 3091. 814.04 (1) (b) of the statutes is repealed.
SB45, s. 3092 19Section 3092. 814.04 (2) of the statutes is amended to read:
SB45,1317,720 814.04 (2) Disbursements. All the necessary disbursements and fees allowed
21by law; the compensation of referees; a reasonable disbursement for the service of
22process or other papers in an action when the same are served by a person authorized
23by law other than an officer, but the item may not exceed the authorized sheriff's fee
24for the same service; amounts actually paid out for certified and other copies of
25papers and records in any public office; postage, telegraphing photocopying,

1telephoning, electronic communications, facsimile transmissions and express or
2overnight delivery
; depositions including copies; plats and photographs, not
3exceeding $50 $100 for each item; an expert witness fee not exceeding $100 $300 for
4each expert who testifies, exclusive of the standard witness fee and mileage which
5shall also be taxed for each expert; and in actions relating to or affecting the title to
6lands, the cost of procuring an abstract of title to the lands. Guardian ad litem fees
7shall not be taxed as a cost or disbursement.
SB45, s. 3093 8Section 3093. 814.07 of the statutes is amended to read:
SB45,1317,11 9814.07 Costs on motion. Costs may be allowed on a motion, in the discretion
10of the court or judge, not exceeding $50 $300, and may be absolute or directed to abide
11the event of the action.
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