SB44: Bill Text

SB44, s. 2703 Section 2703. 814.61 (13) of the statutes is amended to read:

SB44,1022,25 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving a stipend under s. 49.147 (3m) (g), benefits or wages under s. 49.148 or 49.155, or aid under s. 49.19, 49.46, 49.465, 49.468, or 49.47 files a petition requesting child support, maintenance, or family support payments, $10 in addition to any other fee required under this section. This subsection does not apply to a petition filed by the state or its delegate.

SB44, s. 2704 Section 2704. 814.62 (1) of the statutes is amended to read:

SB44,1023,7 814.62 (1) Garnishment actions. The fee for commencing a garnishment action under ch. 812, including actions under s. 799.01 (1) (d) 2., is $20. Of the fees received by the clerk under this subsection, the county treasurer shall pay $12.50 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $5 of the $12.50 to the appropriation under s. 20.680 (2) (j).

SB44, s. 2705 Section 2705. 814.62 (3) (d) 2. of the statutes is amended to read:

SB44,1023,13 814.62 (3) (d) 2. Of the fees received by the clerk under par. (a), the county treasurer shall pay $11.80 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit the $11.80 to the appropriation under s. 20.680 (2) (j).

SB44, s. 2706 Section 2706. 814.62 (3) (d) 3. of the statutes is amended to read:

SB44,1023,19 814.62 (3) (d) 3. Of the fees received by the clerk under par. (b), the county treasurer shall pay $27.20 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $10 of the $27.20 to the appropriation under s. 20.680 (2) (j).

SB44, s. 2707 Section 2707. 814.63 (5) of the statutes is amended to read:

SB44,1023,25 814.63 (5) Of the fees received by the clerk under sub. (1) (b), the county treasurer shall pay $17.50 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer secretary of administration shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2) (j).

SB44, s. 2708 Section 2708. 814.634 (1) (a) of the statutes is amended to read:

SB44,1024,5 814.634 (1) (a) 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 $52 $67.60 court support services 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) or 814.63 (1).

SB44, s. 2709 Section 2709. 814.634 (1) (b) of the statutes is amended to read:

SB44,1024,11 814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $130 $169 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

SB44, s. 2710 Section 2710. 814.634 (1) (c) of the statutes is amended to read:

SB44,1024,18 814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $39 $50.70 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

SB44, s. 2711 Section 2711. 814.634 (2) of the statutes is amended to read:

SB44,1024,22 814.634 (2) The clerk shall pay the moneys collected under sub. (1) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer secretary of administration under s. 59.25 (3) (p).

SB44, s. 2712 Section 2712. 814.635 (1m) of the statutes is amended to read:

SB44,1025,2 814.635 (1m) Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a fee under sub. (1), he or she shall also charge and collect a $2 $3.50 special prosecution clerks fee. The special prosecution clerks fee is in addition to the other fees listed in sub. (1).

SB44, s. 2713 Section 2713. 814.635 (2) of the statutes is amended to read:

SB44,1025,6 814.635 (2) The clerk shall pay the moneys collected under subs. (1) and (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the state treasurer secretary of administration under s. 59.25 (3) (p).

SB44, s. 2714 Section 2714. 814.65 (1) of the statutes is amended to read:

SB44,1025,15 814.65 (1) Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the state treasurer secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

SB44, s. 2715 Section 2715. 814.66 (3) of the statutes is amended to read:

SB44,1025,25 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her and in his or her hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the state treasurer secretary of administration on or before the 5th day of January, April, July, and October of all fees received by him or her under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67% of the fees to the state treasurer secretary of administration for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her under this section for the use of the county.

SB44, s. 2716 Section 2716. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).

SB44, s. 2717 Section 2717. 885.235 (1g) (a) 2. of the statutes is repealed.

SB44, s. 2718 Section 2718. 885.235 (1g) (b) of the statutes is amended to read:

SB44,1026,9 885.235 (1g) (b) Except with respect to the operation of a commercial motor vehicle as provided in par. (d), the fact that the analysis shows that the person had an alcohol concentration of more than 0.04 but less than 0.1 0.08 is relevant evidence on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not to be given any prima facie effect.

SB44, s. 2719 Section 2719. 885.235 (1g) (bd) of the statutes is repealed.

SB44, s. 2720 Section 2720. 885.235 (1g) (c) of the statutes is amended to read:

SB44,1026,17 885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08 or more.

SB44, s. 2721 Section 2721. 885.235 (1g) (cd) of the statutes is repealed.

SB44, s. 2722 Section 2722. 885.38 (2) of the statutes is amended to read:

SB44,1026,25 885.38 (2) The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the fees imposed for the training and certification, and for the coordination, discipline, retention, and training of those interpreters. Any fees collected under this subsection shall be credited to the appropriation under s. 20.680 (2) (gc).

SB44, s. 2723 Section 2723. 885.38 (3) (a) (intro.) of the statutes is amended to read:

SB44,1027,7 885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:

SB44, s. 2724 Section 2724. 893.965 of the statutes is created to read:

SB44,1027,11 893.965 Housing, public accommodations, and employment discrimination; civil remedies. (1) Housing discrimination. Any civil action arising under s. 106.50 (6m) is subject to the limitations of s. 106.50 (6m) (b).

SB44,1027,13 (2) Public accommodations discrimination. Any civil action arising under s. 106.52 (4) (e) is subject to the limitations of s. 106.52 (4) (e) 2.

SB44,1027,15 (3) Employment discrimination. Any civil action arising under s. 111.40 is subject to the limitations of s. 111.40 (2).

SB44, s. 2725 Section 2725. 895.48 (1m) (intro.) of the statutes, as affected by 2001 Wisconsin Act 74, is amended to read:

SB44,1028,3 895.48 (1m) (intro.) Any physician or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist licensed under ch. 447, emergency medical technician licensed under s. 146.50, first responder certified under s. 146.50 (8), physician assistant licensed under ch. 448, registered nurse licensed under ch. 441, or a massage therapist or bodyworker issued a certificate under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 46.93 (1m) (c) 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB44, s. 2726 Section 2726. 895.65 (2) of the statutes is amended to read:

SB44,1028,14 895.65 (2) An employee may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employee because the employee exercised his or her rights under the first amendment to the U.S. constitution or article I, section 3, of the Wisconsin constitution by lawfully disclosing information or because the employer or employer's agent believes the employee so exercised his or her rights. The employee shall bring the action within 2 years after the action allegedly occurred or after the employee learned of the action, whichever occurs last. No employee may bring an action against the department of employment relations administration as an employer's agent.

SB44, s. 2727 Section 2727. 938.02 (15m) of the statutes is amended to read:

SB44,1028,22 938.02 (15m) "Secured correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health and family services for holding in secure custody persons adjudged delinquent. "Secured correctional facility" includes the Mendota juvenile treatment center under s. 46.057, the facility at which the juvenile boot camp program under s. 938.532 is operated and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5).

SB44, s. 2728 Section 2728. 938.275 (2) (d) of the statutes is amended to read:

SB44,1029,6 938.275 (2) (d) Reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

SB44, s. 2729 Section 2729. 938.34 (4n) (intro.) of the statutes is amended to read:

SB44,1029,14 938.34 (4n) Aftercare supervision. (intro.) Subject to s. 938.532 (3) and to any arrangement between the department and a county department regarding the provision of aftercare supervision for juveniles who have been released from a secured correctional facility, a secured child caring institution, or a secured group home, designate one of the following to provide aftercare supervision for the juvenile following the juvenile's release from the secured correctional facility, secured child caring institution, or secured group home:

SB44, s. 2730 Section 2730. 938.34 (8d) (b) of the statutes is amended to read:

SB44,1029,18 938.34 (8d) (b) The clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2731 Section 2731. 938.34 (8d) (c) of the statutes is amended to read:

SB44,1030,2 938.34 (8d) (c) If a juvenile placed in a secured correctional facility or a secured child caring institution fails to pay the surcharge under par. (a), the department shall assess and collect the amount owed from the juvenile's wages or other moneys. If a juvenile placed in a secured group home fails to pay the surcharge under par. (a), the county department shall assess and collect the amount owed from the juvenile's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2732 Section 2732. 938.532 of the statutes is repealed.

SB44, s. 2733 Section 2733. 938.538 (6m) (b) of the statutes is amended to read:

SB44,1030,15 938.538 (6m) (b) In the selection of classified service employees for a secured correctional facility authorized under 1993 Wisconsin Act 377, section 9108 (1) (a), the appointing authority shall make every effort to use the expanded certification program under s. 230.25 (1n) or rules of the administrator of the division of merit recruitment and selection in the department of employment relations administration to ensure that the percentage of employees who are minority group members approximates the percentage of the juveniles placed at that secured correctional facility who are minority group members. The administrator of the division of merit recruitment and selection in the department of employment relations administration shall provide guidelines for the administration of this selection procedure.

SB44, s. 2734 Section 2734. 940.09 (1) (bm) of the statutes is amended to read:

SB44,1030,19 940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2735 Section 2735. 940.09 (1) (e) of the statutes is amended to read:

SB44,1030,23 940.09 (1) (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2736 Section 2736. 940.25 (1) (bm) of the statutes is amended to read:

SB44,1031,3 940.25 (1) (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2737 Section 2737. 940.25 (1) (e) of the statutes is amended to read:

SB44,1031,7 940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB44, s. 2738 Section 2738. 945.06 of the statutes is amended to read:

SB44,1031,23 945.06 Public utilities to cease service. When any public utility, common carrier, contract carrier, or railroad, subject to the jurisdiction of the public service commission, office of the commissioner of railroads or department of transportation of this state, is notified in writing by a federal, state or local law enforcement agency, acting within its jurisdiction, that any facility furnished by it is being used or will be used for the purpose of transmitting or receiving gambling information in violation of the laws of this state it shall discontinue or refuse the leasing, furnishing or maintaining of such facility, after reasonable notice to the subscriber, but no damages, penalty or forfeiture, civil or criminal, shall be found against any such public utility, common carrier, contract carrier or railroad, for any act done in compliance with any notice received from a law enforcement agency under this section. Nothing in this section shall be deemed to prejudice the right of any person affected thereby to secure an appropriate determination as otherwise provided by law in any court or tribunal or agency, that such facility should not be discontinued or removed, or should be restored.

SB44, s. 2739 Section 2739. 949.02 of the statutes is amended to read:

SB44,1032,5 949.02 Administration. The department shall administer this chapter. The department shall appoint a program director to assist in administering this chapter. The department shall promulgate rules for the implementation and operation of this chapter. The rules shall include procedures to ensure that any limitation of an award under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

SB44, s. 2740 Section 2740. 949.06 (5) of the statutes is repealed.

SB44, s. 2741 Section 2741. 949.08 (2) (em) of the statutes is amended to read:

SB44,1032,14 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.

SB44, s. 2742 Section 2742. 949.15 (1) of the statutes is amended to read:

SB44,1033,2 949.15 (1) Whenever the department orders the payment of an award under this chapter as a result of the occurrence of an event that creates a cause of action on the part of a claimant against any person, the department is subrogated to the rights of the claimant and may bring an action against the person for the amount of the damages sustained by the claimant. If an amount greater than that paid under the award order is recovered and collected in any such action, the department shall pay the balance to the claimant. If the person responsible for the injury or death has previously made restitution payments to the general fund under s. 973.20 (9) (b), any judgment obtained by the department under this section shall be reduced by the amount of the restitution payments to the general fund that the person made under s. 973.20 (9) (b).

SB44, s. 2743 Section 2743. 961.01 (20g) of the statutes is amended to read:

SB44,1033,5 961.01 (20g) "Public housing project" means any housing project or development administered by a housing authority, as defined in s. 16.30 560.9801 (2).

SB44, s. 2744 Section 2744. 961.41 (5) (b) of the statutes is amended to read:

SB44,1033,10 961.41 (5) (b) The clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2745 Section 2745. 961.41 (5) (c) of the statutes is amended to read:

SB44,1033,14 961.41 (5) (c) All moneys collected from drug surcharges shall be deposited by the state treasurer secretary of administration in and utilized in accordance with s. 20.435 (6) (gb).

SB44, s. 2746 Section 2746. 967.03 of the statutes is repealed.

SB44, s. 2747 Section 2747. 971.14 (2) (am) of the statutes is amended to read:

SB44,1034,6 971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. The department's responsibility for conducting examinations is limited to inpatient examinations and those outpatient examinations that are for defendants in custody in jail or in a locked unit of a facility. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.

SB44, s. 2748 Section 2748. 972.15 (2b) of the statutes is created to read:

SB44,1034,12 972.15 (2b) If the defendant is subject to being sentenced under s. 973.01 and he or she satisfies the criteria under s. 302.05 (3) (a) 1., the person preparing the presentence investigation report shall include in the report a recommendation as to whether the defendant should be eligible to participate in the earned release program under s. 302.05 (3).

SB44, s. 2749 Section 2749. 973.01 (3g) of the statutes is created to read:

SB44,1034,20 973.01 (3g) Earned release program eligibility. When imposing a bifurcated sentence under this section on a person convicted of a crime other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, or 948.095, the court shall, as part of the exercise of its sentencing discretion, decide whether the person being sentenced is eligible or ineligible to participate in the earned release program under s. 302.05 (3) during the term of confinement in prison portion of the bifurcated sentence.