AB40: Bill Text

AB40, s. 3482 Section 3482. 767.511 (6) (intro.) of the statutes is amended to read:

AB40,1254,20 767.511 (6) Interest on arrearage. (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:

AB40, s. 3483 Section 3483. 767.521 (intro.) of the statutes is amended to read:

AB40,1255,2 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 49.775 (2) (bm), 2009 stats., or s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 49.395 (2) (bm) and all of the following apply:

AB40, s. 3484 Section 3484. 778.25 (1) (a) 5. of the statutes is amended to read:

AB40,1255,8 778.25 (1) (a) 5. Under administrative rules promulgated by the board of regents Board of Regents of the University of Wisconsin System under s. 36.11 (1) (c) or the Board of Trustees of the University of Wisconsin-Madison under s. 37.11 (1m) (c) brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

AB40, s. 3485 Section 3485. 801.50 (5) of the statutes is amended to read:

AB40,1255,16 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by the earned release review commission a program review committee under s. 302.1135 (5) 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.

AB40, s. 3486 Section 3486. 809.30 (1) (c) of the statutes is amended to read:

AB40,1255,22 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.1135 or (9g), 973.19, 973.195, 973.198, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

AB40, s. 3487 Section 3487. 812.30 (9) of the statutes is amended to read:

AB40,1256,3 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

AB40, s. 3488 Section 3488. 812.44 (4) 2. (form) of the statutes is amended to read:

AB40,1256,10 812.44 (4) 2. (form) You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB40, s. 3489 Section 3489. 812.44 (5) 2. (form) of the statutes is amended to read:

AB40,1256,17 812.44 (5) 2. (form) I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

AB40, s. 3490 Section 3490. 814.29 (1) (d) 1. of the statutes is amended to read:

AB40,1256,24 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

AB40, s. 3491 Section 3491. 815.18 (3) (o) of the statutes is amended to read:

AB40,1257,1 815.18 (3) (o) Tuition units. Tuition units purchased under s. 14.63 16.64.

AB40, s. 3492 Section 3492. 815.18 (3) (p) of the statutes is amended to read:

AB40,1257,4 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 14.64 16.641.

AB40, s. 3493 Section 3493. 885.237 (2) of the statutes is amended to read:

AB40,1257,13 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary operation plate, or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle. This subsection does not apply to violations of ordinances enacted under s. 341.65, but this subsection does apply to violations of ordinances enacted under s. 341.65, 2003 stats.

AB40, s. 3494 Section 3494. 887.23 (1) of the statutes is amended to read:

AB40,1258,4 887.23 (1) Who may require. The department of health services, the department of corrections, the state superintendent of public instruction, the Board of Trustees of the University of Wisconsin–Madison, or the board of regents 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.

AB40, s. 3495 Section 3495. 891.45 (1) (b) of the statutes is amended to read:

AB40,1258,9 891.45 (1) (b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 60.553 (2), 61.66 (2), or 62.13 (2e) (b) and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

AB40, s. 3496 Section 3496. 891.453 (1) (c) of the statutes is amended to read:

AB40,1258,13 891.453 (1) (c) "Fire fighter" means a state, county, or municipal fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter took up at least two-thirds of his or her working hours.

AB40, s. 3497 Section 3497. 891.453 (1) (d) of the statutes is amended to read:

AB40,1258,20 891.453 (1) (d) "Law enforcement officer" means any person employed by the state or by a county or a municipality for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances which he or she is employed to enforce. "Law enforcement officer" includes a person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a police officer took up at least two-thirds of his or her working hours.

AB40, s. 3498 Section 3498. 891.455 (1) of the statutes is amended to read:

AB40,1258,25 891.455 (1) In this section, "state, county, or municipal fire fighter" means a fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

AB40, s. 3499 Section 3499. 893.82 (2) (d) 4. of the statutes is created to read:

AB40,1259,3 893.82 (2) (d) 4. An officer, director, employee, or agent of the Board of Trustees of the University of Wisconsin–Madison.

AB40, s. 3500 Section 3500. 893.82 (9) of the statutes is created to read:

AB40,1259,12 893.82 (9) For purposes of this section, any employee of the state of Minnesota performing services for this state pursuant to a valid agreement between this state and the state of Minnesota providing for interchange of employees or services is considered to have the same status an as employee of this state performing the same services for this state, and any employee of this state who performs services for the state of Minnesota pursuant to such an agreement is considered to have the same status as when performing the same services for this state in any action brought under the laws of this state.

AB40, s. 3501 Section 3501. 893.925 (2) (a) of the statutes is amended to read:

AB40,1259,21 893.925 (2) (a) An action to recover damages for mining-related injuries under s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of commerce safety and professional services gives written notice within the time specified in this subsection that a claim has been filed with it under sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.

AB40, s. 3502 Section 3502. 895.07 (13) of the statutes is amended to read:

AB40,1259,25 895.07 (13) Brochure. The department of commerce safety and professional services shall prepare a brochure explaining the process under this section and shall provide that brochure to contractors.

AB40, s. 3503 Section 3503. 895.441 (5) of the statutes is amended to read:

AB40,1260,7 895.441 (5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing safety and professional services, the department of health services, the injured patients and families compensation fund peer review council, or a district attorney is void.

AB40, s. 3504 Section 3504. 895.46 (10) of the statutes is created to read:

AB40,1260,14 895.46 (10) Any employee of the state of Minnesota who is named as a defendant and who is found liable as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services shall be indemnified by this state to the same extent as an employee of this state performing the same services for this state pursuant to this section.

AB40, s. 3505 Section 3505. 895.46 (11) of the statutes is created to read:

AB40,1260,18 895.46 (11) An officer, director, employee, or agent of the Board of Trustees of the University of Wisconsin–Madison is a state officer, employee, or agent for the purposes of this section.

AB40, s. 3506 Section 3506. 895.515 (1) (b) of the statutes is amended to read:

AB40,1260,23 895.515 (1) (b) "Institution of higher education" means an institution within the University of Wisconsin System, the University of Wisconsin–Madison, a technical college, or a private, nonprofit institution of higher education located in this state.

AB40, s. 3507 Section 3507. 895.517 (1) (d) of the statutes is repealed.

AB40, s. 3508 Section 3508. 895.517 (2) of the statutes is amended to read:

AB40,1261,6 895.517 (2) Any person who donates or sells, at a price not exceeding overhead and transportation costs, solid waste, or a material that is separated from mixed soil waste, to a materials reuse program that is operated by a charitable organization, or municipality or responsible unit is immune from civil liability for the death of or injury to an individual or the damage to property caused by the solid waste or material donated or sold by the person.

AB40, s. 3509 Section 3509. 908.03 (6m) (c) 3. of the statutes is amended to read:

AB40,1261,11 908.03 (6m) (c) 3. If upon a properly authorized request of an attorney, the health care provider refuses, fails, or neglects to supply within 2 business days a legible certified duplicate of its records for the fees established under s. 146.83 (1f) (c) or (d) or (1h) (b) or (c), whichever are applicable par. (e).

AB40, s. 3510 Section 3510. 908.03 (6m) (e) of the statutes is created to read:

AB40,1261,20 908.03 (6m) (e) Fees. The department of health services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1c) (b) and (c) and (3f) applies.

AB40, s. 3511 Section 3511. 911.01 (4) (c) of the statutes is amended to read:

AB40,1262,7 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting, or revoking probation, modification of a bifurcated sentence under s. 302.1135 302.113 (9g), adjustment of a bifurcated sentence under s. 973.195 (1r), release to extended supervision under s. 302.113 (2) (b) or 304.06 (1) or discharge under s. 973.01 (4m) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); or proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; and proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB40, s. 3512 Section 3512. 938.02 (14m) of the statutes is repealed.

AB40, s. 3513 Section 3513. 938.13 (6m) of the statutes is amended to read:

AB40,1262,11 938.13 (6m) School dropout. The juvenile is a school dropout, as defined in s. 118.153 (1) (b) 115.001 (2m).

AB40, s. 3514 Section 3514. 938.20 (2) (f) 2. of the statutes is amended to read:

AB40,1262,17 938.20 (2) (f) 2. Make a determination of whether the juvenile is a child at risk, as defined in s. 118.153 (1) (a) 115.001 (1m), unless that determination has been made within the current school semester. If a juvenile is determined to be a child at risk under this subdivision, the school administrator shall provide a program for the juvenile according to the plan developed under s. 118.153 (2) (a).

AB40, s. 3515 Section 3515. 938.245 (2) (a) 4. of the statutes is amended to read:

AB40,1263,2 938.245 (2) (a) 4. `Alcohol and other drug abuse treatment and education.' That the juvenile participate in an alcohol and other drug abuse outpatient treatment program, a court-approved pupil assistance program provided by the juvenile's school board, or a court-approved alcohol or other drug abuse education program, if an alcohol and other drug abuse assessment under subd. 3. recommends outpatient treatment, intervention, or education. The juvenile's participation in a court-approved pupil assistance program is subject to the approval of the juvenile's school board.

AB40, s. 3516 Section 3516. 938.295 (1g) of the statutes is amended to read:

AB40,1263,15 938.295 (1g) Report of results and recommendations. If the court orders an alcohol or other drug abuse assessment under sub. (1), the approved treatment facility shall, within 14 days after the order, report the results of the assessment to the court, except that, if requested by the facility and if the juvenile is not held in secure or nonsecure custody, the court may extend the period for assessment for not more than 20 additional working days. The report shall include a recommendation as to whether the juvenile is in need of treatment, intervention, or education relating to the use or abuse of alcohol beverages, controlled substances, or controlled substance analogs and, if so, shall recommend a service plan and appropriate treatment from an approved treatment facility, intervention from a court-approved pupil assistance program, or education from a court-approved alcohol or other drug abuse education program.

AB40, s. 3517 Section 3517. 938.32 (1g) (b) of the statutes is amended to read:

AB40,1263,21 938.32 (1g) (b) That the juvenile participate in a court-approved pupil assistance program provided by the juvenile's school board or a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program is subject to the approval of the juvenile's school board.

AB40, s. 3518 Section 3518. 938.34 (7d) (a) 1. of the statutes is amended to read:

AB40,1263,25 938.34 (7d) (a) 1. A nonresidential educational program , including a program for children at risk under s. 118.153, provided by the school district in which the juvenile resides.

AB40, s. 3519 Section 3519. 938.34 (14s) (b) 3. of the statutes is amended to read:

AB40,1264,5 938.34 (14s) (b) 3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or an alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.

AB40, s. 3520 Section 3520. 938.34 (14s) (d) of the statutes is amended to read:

AB40,1264,15 938.34 (14s) (d) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the original dispositional order will be reinstated.

AB40, s. 3521 Section 3521. 938.34 (14s) (e) of the statutes is amended to read:

AB40,1264,25 938.34 (14s) (e) If an approved treatment facility , court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating in, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program or a court-approved alcohol or other drug abuse education program, the court shall impose the original disposition under par. (a) or (am).

AB40, s. 3522 Section 3522. 938.343 (10) (c) of the statutes is amended to read:

AB40,1265,6 938.343 (10) (c) Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this paragraph is subject to the approval of the juvenile's school board.

AB40, s. 3523 Section 3523. 938.344 (2g) (a) 3. of the statutes is amended to read:

AB40,1265,12 938.344 (2g) (a) 3. Participate in a court-approved pupil assistance program provided by the juvenile's school board or in a court-approved alcohol or other drug abuse education program. The juvenile's participation in a court-approved pupil assistance program under this subdivision is subject to the approval of the juvenile's school board.

AB40, s. 3524 Section 3524. 938.344 (2g) (c) of the statutes is amended to read:

AB40,1265,22 938.344 (2g) (c) If the juvenile completes the alcohol or other drug abuse treatment program, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program, the approved treatment facility, court-approved pupil assistance program or court-approved alcohol or other drug abuse education program shall, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notify the agency primarily responsible for providing services to the juvenile that the juvenile has complied with the order and the court shall notify the juvenile of whether or not the penalty will be reinstated.

AB40, s. 3525 Section 3525. 938.344 (2g) (d) of the statutes is amended to read:

AB40,1266,8 938.344 (2g) (d) If an approved treatment facility , court-approved pupil assistance program, or court-approved alcohol or other drug abuse education program, with the written informed consent of the juvenile or, if the juvenile has not attained the age of 12, the written informed consent of the juvenile's parent, notifies the agency primarily responsible for providing services to the juvenile that a juvenile is not participating, or has not satisfactorily completed, a recommended alcohol or other drug abuse treatment program, a court-approved pupil assistance program, or a court-approved alcohol or other drug abuse education program, the court shall hold a hearing to determine whether to impose the penalties under sub. (2), (2b), (2d), or (2e).

AB40, s. 3526 Section 3526. 938.345 (2) of the statutes is amended to read:

AB40,1266,17 938.345 (2) School dropouts and habitual truants. If the court finds that a juvenile is in need of protection or services based on the fact that the juvenile is a school dropout, as defined in s. 118.153 (1) (b) 115.001 (2m), or based on habitual truancy, and the court also finds that the juvenile has dropped out of school or is a habitual truant as a result of the juvenile's intentional refusal to attend school rather than the failure of any other person to comply with s. 118.15 (1) (a) and (am), the court, instead of or in addition to any other disposition imposed under sub. (1), may enter an order permitted under s. 938.342.

AB40, s. 3527 Section 3527. 938.78 (2) (g) of the statutes is amended to read: