SB40: Bill Text

SB40, s. 3740 Section 3740. 767.57 (4) of the statutes is amended to read:

SB40,1623,3 767.57 (4) Procedure for certain child recipients. If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), 48.645, or 49.19, except as otherwise ordered by the court on the motion of a party.

SB40, s. 3741 Section 3741. 767.59 (1c) (a) (intro.) of the statutes is amended to read:

SB40,1623,10 767.59 (1c) (a) (intro.) On the petition, motion, or order to show cause of either of the parties, the department, a county department under s. 46.215, 46.22, or 46.23, or a county child support agency under s. 59.53 (5) if an assignment has been made under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h), or 49.45 (19) or if either party or their minor children receive aid under s. 48.57 (3m) or (3n) or 48.645 or ch. 49, a court may, except as provided in par. (b), do any of the following:

SB40, s. 3742 Section 3742. 767.59 (1f) (b) 4. of the statutes is amended to read:

SB40,1623,17 767.59 (1f) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 49.345 (14) (d), 301.12 (14) (d), or 767.511 (1n), whichever is appropriate.

SB40, s. 3743 Section 3743. 767.59 (2) (c) of the statutes is amended to read:

SB40,1623,23 767.59 (2) (c) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 49.345 (14) or 301.12 (14), whichever is applicable.

SB40, s. 3744 Section 3744. 767.59 (2s) of the statutes is amended to read:

SB40,1624,6 767.59 (2s) Stipulation for revision of support. In an action under sub. (1c), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 49.345 (14), 301.12 (14), 767.511, 767.805 (4), or 767.89, whichever is appropriate.

SB40, s. 3745 Section 3745. 767.87 (2m) of the statutes is amended to read:

SB40,1624,11 767.87 (2m) Admissibility of certain medical and genetic information. Medical and genetic information filed with the department of health and family services or the court under s. 48.425 (1) (am) or (2) is not admissible to prove the paternity of the child.

SB40, s. 3746 Section 3746. 767.87 (6) (a) of the statutes is amended to read:

SB40,1624,22 767.87 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.19 (4) (h) 1., or 49.45 (19), or receipt of benefits under s. 49.148, 49.155, 49.157, or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB40, s. 3747 Section 3747. 769.201 (7) of the statutes is amended to read:

SB40,1625,2 769.201 (7) The individual asserted parentage in a declaration of paternal interest filed with the department of health and family services children and families under s. 48.025 or in a statement acknowledging paternity filed with the state registrar under s. 69.15 (3) (b) 1. or 3.

SB40, s. 3748 Section 3748. 769.31 (1) of the statutes is amended to read:

SB40,1625,5 769.31 (1) The department of workforce development children and families is the state information agency under this chapter.

SB40, s. 3749 Section 3749. 800.02 (2) (b) of the statutes is amended to read:

SB40,1625,11 800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).

SB40, s. 3750 Section 3750. 800.09 (1) (c) of the statutes is amended to read:

SB40,1625,25 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) (a), except that the suspension period may not exceed 2 years. The court shall may take possession of the suspended license and shall. If the court takes possession of a license, it shall destroy the license. The court shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

SB40, s. 3751 Section 3751. 801.02 (1) of the statutes is amended to read:

SB40,1626,6 801.02 (1) A Except as provided in s. 20.931 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

SB40, s. 3752 Section 3752. 803.03 (2) (c) of the statutes is amended to read:

SB40,1626,15 803.03 (2) (c) Scheduling and pretrial conferences. At the scheduling conference and pretrial conference, the judge to whom the case has been assigned shall inquire concerning the existence of and joinder of persons with subrogated, derivative or assigned rights and shall make such orders as are necessary to effectuate the purposes of this section. If the case is an action to recover damages based on alleged criminally injurious conduct, the court shall inquire to see if an award has been made under subch. I of ch. 949 and if the department of justice is subrogated to the cause of action under s. 949.15.

SB40, s. 3753 Section 3753. 803.09 (1) and (2) of the statutes are amended to read:

SB40,1626,22 803.09 (1) Upon Except as provided in s. 20.931, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

SB40,1627,6 (2) Upon Except as provided in s. 20.931, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

SB40, s. 3754 Section 3754. 804.01 (2) (intro.) of the statutes is amended to read:

SB40,1627,10 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.931 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

SB40, s. 3755 Section 3755. 805.04 (1) of the statutes is amended to read:

SB40,1627,19 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

SB40, s. 3756 Section 3756. 805.04 (2m) of the statutes is created to read:

SB40,1627,24 805.04 (2m) False claims. An action filed under s. 20.931 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.931, the court shall take into account the best interests of the parties and the purposes of s. 20.931.

SB40, s. 3757 Section 3757. 806.025 (2) (am) of the statutes is amended to read:

SB40,1628,4 806.025 (2) (am) If money remains after the payment of all unpaid orders and judgments under par. (a), order reimbursement to the department of justice for an award made under subch. I of ch. 949 for which the department is subrogated under s. 949.15.

SB40, s. 3758 Section 3758. 809.105 (13) of the statutes is amended to read:

SB40,1628,14 809.105 (13) Certain persons barred from proceedings. No parent, or guardian or legal custodian, if one has been appointed, or foster parent or treatment foster parent, if the minor has been placed in a foster home or treatment foster home, and the minor's parent has signed a waiver granting the department of health and family services children and families, a county department under s. 46.215, 46.22, or 46.23, the foster parent or the treatment foster parent the authority to consent to medical services or treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this section may attend or intervene in any proceeding under this section.

SB40, s. 3759 Section 3759. 809.30 (2) (d) of the statutes is amended to read:

SB40,1628,24 809.30 (2) (d) Indigency redetermination. Except as provided in this paragraph, whenever a person whose trial counsel is appointed by the state public defender files a notice under par. (b) requesting public defender representation for purposes of postconviction or postdisposition relief, the prosecutor may, within 5 days after the notice is served and filed, file in the circuit court and serve upon the state public defender a request that the person's indigency be redetermined before counsel is appointed or transcripts are requested. This paragraph does not apply to a child or juvenile person who is entitled to be represented by counsel under s. 48.23, 51.60 (1), 55.105, or 938.23.

SB40, s. 3760 Section 3760. 813.12 (5) (b) of the statutes is amended to read:

SB40,1629,2 813.12 (5) (b) The clerk of circuit court shall provide the simplified forms provided under s. 46.95 49.165 (3) (c) to help a person file a petition.

SB40, s. 3761 Section 3761. 813.122 (6) (b) of the statutes is amended to read:

SB40,1629,5 813.122 (6) (b) Upon request, the clerk of circuit court shall provide, without cost, the simplified forms obtained under s. 46.03 48.47 (7) (d) to a petitioner.

SB40, s. 3762 Section 3762. 814.245 (2) (d) of the statutes is amended to read:

SB40,1629,8 814.245 (2) (d) "State agency" does not include the public intervenor or citizens utility board.

SB40, s. 3763 Section 3763. 814.61 (13) of the statutes is amended to read:

SB40,1629,15 814.61 (13) Support or maintenance petition. For the cost of court services, whenever a person not receiving benefits under s. 49.148 or 49.155 or aid under s. 49.19, 49.46, 49.465, 49.468 or, 49.47 , or 49.471 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.

SB40, s. 3764 Section 3764. 814.69 (1) (a) of the statutes is amended to read:

SB40,1629,20 814.69 (1) (a) For a transcript under SCR 71.04, a fee at the rate of $1.50 per 25-line page for the original and 50 cents per 25-line page for the duplicate. Except as provided in s. 967.06 (3), the fee shall be paid by the county treasurer upon the certificate of the clerk of court.

SB40, s. 3765 Section 3765. 814.75 (22m) of the statutes is amended to read:

SB40,1629,23 814.75 (22m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40, s. 3766 Section 3766. 814.76 (15m) of the statutes is amended to read:

SB40,1630,2 814.76 (15m) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40, s. 3767 Section 3767. 814.80 (11) of the statutes is amended to read:

SB40,1630,5 814.80 (11) The supplemental food enforcement surcharge under s. 253.06 49.17 (4) (c).

SB40, s. 3768 Section 3768. 859.07 (2) (a) (intro.) of the statutes is amended to read:

SB40,1630,12 859.07 (2) (a) (intro.) The personal representative shall provide notice of the date set under s. 859.01 to the department of health and family services , the department of children and families, or the department of corrections, as applicable, and to the county clerk of the decedent's county of residence, as defined in s. 49.001 (6) if, at any time prior to or at the time of the decedent's death, any of the following applied:

SB40, s. 3769 Section 3769. 859.07 (2) (a) 2. of the statutes is amended to read:

SB40,1630,16 859.07 (2) (a) 2. The decedent was responsible for any obligation owing to the state or a county under s. 46.03 (18), 46.10, 48.36, 49.32 (1), 49.345, 301.03 (18), 301.12, or 938.36.

SB40, s. 3770 Section 3770. 859.15 of the statutes is amended to read:

SB40,1630,23 859.15 Effect of statute of limitations. Except as provided in ss. 46.10 (11), 49.08 and, 49.195 (1), 49.345 (11), and 301.12 (11), a claim shall not be allowed which that was barred by any statute of limitations at the time of the decedent's death. A claim shall not be barred by statutes of limitation which that was not barred at the time of the decedent's death if the claim is filed against the decedent's estate in the court on or before the deadline for filing a claim under s. 859.01.

SB40, s. 3771 Section 3771 . 885.01 (5) of the statutes is amended to read:

SB40,1631,4 885.01 (5) By the department of workforce development children and families 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.

SB40, s. 3772 Section 3772 . 885.01 (5) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1631,9 885.01 (5) By the department of children and families 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 49.471 and programs carrying out the purposes of 7 USC 2011 to 2029.

SB40, s. 3773 Section 3773. 885.38 (3) (a) (intro.) of the statutes is amended to read:

SB40,1631,16 885.38 (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:

SB40, s. 3774 Section 3774. 885.38 (8) (a) (intro.) of the statutes is amended to read:

SB40,1631,20 885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:

SB40, s. 3775 Section 3775. 893.981 of the statutes is created to read:

SB40,1631,23 893.981 False claims. An action or claim under s. 20.931 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

SB40, s. 3776 Section 3776. 895.45 (1) (a) of the statutes is amended to read:

SB40,1632,5 895.45 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

SB40, s. 3777 Section 3777. 895.4803 of the statutes is amended to read:

SB40,1632,17 895.4803 Civil liability exemption; information concerning paternity. Any member of the staff of a hospital who is designated by the hospital and trained by the department of workforce development children and families under s. 69.14 (1) (cm) and who in good faith provides to a child's available parents written information that is provided by the department of workforce development children and families and oral information or an audio or video presentation about the form that is prescribed by the state registrar under s. 69.15 (3) (b) 3. and about the significance and benefits of, and alternatives to, establishing paternity, under the requirements of s. 69.14 (1) (cm), is immune from civil liability for his or her acts or omissions in providing that oral information or audio or video presentation and written information.

SB40, s. 3778 Section 3778. 895.485 (4) (a) of the statutes is amended to read:

SB40,1632,25 895.485 (4) (a) The agency has failed to provide the foster, treatment foster. or family-operated group home parent with any information relating to a medical, physical, mental, or emotional condition of the child that it is required to disclose under this paragraph. The department of health and family services children and families shall promulgate rules specifying the kind of information that an agency shall disclose to a foster, treatment foster, or family-operated group home parent which relates to a medical, physical, mental, or emotional condition of the child.

SB40, s. 3779 Section 3779. 905.15 (1) of the statutes is amended to read:

SB40,1633,9 905.15 (1) An employee of the department of health and family services, the department of workforce development children and families or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

SB40, s. 3780 Section 3780. 938.02 (6) of the statutes is amended to read:

SB40,1633,16 938.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 juveniles or, if necessary to enable a sibling group to remain together, for no more than 6 juveniles or, if the department of health and family services children and families promulgates rules permitting a different number of juveniles, for the number of juveniles permitted under those rules.

SB40, s. 3781 Section 3781. 938.02 (7) of the statutes is amended to read:

SB40,1633,20 938.02 (7) "Group home" means any facility operated by a person required to be licensed by the department of health and family services children and families under s. 48.625 for the care and maintenance of 5 to 8 juveniles.

SB40, s. 3782 Section 3782. 938.02 (17) of the statutes is amended to read:

SB40,1633,24 938.02 (17) "Shelter care facility" means a nonsecure place of temporary care and physical custody for juveniles, including a holdover room, licensed by the department of health and family services children and families under s. 48.66 (1) (a).

SB40, s. 3783 Section 3783. 938.06 (1) (b) of the statutes is amended to read: