SB40, s. 3747
23Section
3747. 769.201 (7) of the statutes is amended to read:
SB40,1625,224
769.201
(7) The individual asserted parentage in a declaration of paternal
25interest filed with the department of
health and family services children and families
1under s. 48.025 or in a statement acknowledging paternity filed with the state
2registrar under s. 69.15 (3) (b) 1. or 3.
SB40, s. 3748
3Section
3748. 769.31 (1) of the statutes is amended to read:
SB40,1625,54
769.31
(1) The department of
workforce development children and families is
5the state information agency under this chapter.
SB40, s. 3749
6Section
3749. 800.02 (2) (b) of the statutes is amended to read:
SB40,1625,117
800.02
(2) (b) Except for parking violations, in traffic regulation actions in
8municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu
9of the citation
form specified in par. (a). In actions for violations of local ordinances
10enacted in accordance with s. 23.33 (11) (am) or 30.77, the citation
form specified in
11s. 23.54 shall be used in lieu of the citation
form specified in par. (a).
SB40, s. 3750
12Section
3750. 800.09 (1) (c) of the statutes is amended to read:
SB40,1625,2513
800.09
(1) (c) The court may suspend the defendant's operating privilege, as
14defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments
15and costs are paid, if the defendant has not done so within 60 days after the date the
16restitution or payments or both are to be made under par. (a) and has not notified the
17court that he or she is unable to comply with the judgment, as provided under s.
18800.095 (4) (a), except that the suspension period may not exceed 2 years. The court
19shall may take possession of the suspended license
and shall. If the court takes
20possession of a license, it shall destroy the license. The court shall forward
the
21license, along with a notice of the suspension clearly stating that the suspension is
22for failure to comply with a judgment of the court
, to the department of
23transportation. This paragraph does not apply if the forfeiture is assessed for
24violation of an ordinance that is unrelated to the violator's operation of a motor
25vehicle.
SB40, s. 3751
1Section
3751. 801.02 (1) of the statutes is amended to read:
SB40,1626,62
801.02
(1) A Except as provided in s. 20.931 (5) (b), a civil action in which a
3personal judgment is sought is commenced as to any defendant when a summons and
4a complaint naming the person as defendant are filed with the court, provided service
5of an authenticated copy of the summons and of the complaint is made upon the
6defendant under this chapter within 90 days after filing.
SB40, s. 3752
7Section
3752. 803.03 (2) (c) of the statutes is amended to read:
SB40,1626,158
803.03
(2) (c)
Scheduling and pretrial conferences. At the scheduling
9conference and pretrial conference, the judge to whom the case has been assigned
10shall inquire concerning the existence of and joinder of persons with subrogated,
11derivative or assigned rights and shall make such orders as are necessary to
12effectuate the purposes of this section. If the case is an action to recover damages
13based on alleged criminally injurious conduct, the court shall inquire to see if an
14award has been made under
subch. I of ch. 949 and if the department of justice is
15subrogated to the cause of action under s. 949.15.
SB40, s. 3753
16Section
3753. 803.09 (1) and (2) of the statutes are amended to read:
SB40,1626,2217
803.09
(1) Upon Except as provided in s. 20.931, upon timely motion anyone
18shall be permitted to intervene in an action when the movant claims an interest
19relating to the property or transaction which is the subject of the action and the
20movant is so situated that the disposition of the action may as a practical matter
21impair or impede the movant's ability to protect that interest, unless the movant's
22interest is adequately represented by existing parties.
SB40,1627,6
23(2) Upon Except as provided in s. 20.931, upon timely motion anyone may be
24permitted to intervene in an action when a movant's claim or defense and the main
25action have a question of law or fact in common. When a party to an action relies for
1ground of claim or defense upon any statute or executive order or rule administered
2by a federal or state governmental officer or agency or upon any regulation, order,
3rule, requirement or agreement issued or made pursuant to the statute or executive
4order, the officer or agency upon timely motion may be permitted to intervene in the
5action. In exercising its discretion the court shall consider whether the intervention
6will unduly delay or prejudice the adjudication of the rights of the original parties.
SB40, s. 3754
7Section
3754. 804.01 (2) (intro.) of the statutes is amended to read:
SB40,1627,108
804.01
(2) Scope of discovery. (intro.)
Unless Except as provided in s. 20.931
9(9), and unless otherwise limited by order of the court in accordance with the
10provisions of this chapter, the scope of discovery is as follows:
SB40, s. 3755
11Section
3755. 805.04 (1) of the statutes is amended to read:
SB40,1627,1912
805.04
(1) By plaintiff; by stipulation. An Except as provided in sub. (2m), an 13action may be dismissed by the plaintiff without order of court by serving and filing
14a notice of dismissal at any time before service by an adverse party of responsive
15pleading or motion or by the filing of a stipulation of dismissal signed by all parties
16who have appeared in the action. Unless otherwise stated in the notice of dismissal
17or stipulation, the dismissal is not on the merits, except that a notice of dismissal
18operates as an adjudication on the merits when filed by a plaintiff who has once
19dismissed in any court an action based on or including the same claim.
SB40, s. 3756
20Section
3756. 805.04 (2m) of the statutes is created to read:
SB40,1627,2421
805.04
(2m) False claims. An action filed under s. 20.931 may be dismissed
22only by order of the court. In determining whether to dismiss the action filed under
23s. 20.931, the court shall take into account the best interests of the parties and the
24purposes of s. 20.931.
SB40, s. 3757
25Section
3757. 806.025 (2) (am) of the statutes is amended to read:
SB40,1628,4
1806.025
(2) (am) If money remains after the payment of all unpaid orders and
2judgments under par. (a), order reimbursement to the department of justice for an
3award made under
subch. I of ch. 949 for which the department is subrogated under
4s. 949.15.
SB40, s. 3758
5Section
3758. 809.105 (13) of the statutes is amended to read:
SB40,1628,146
809.105
(13) Certain persons barred from proceedings. No parent, or
7guardian or legal custodian, if one has been appointed, or foster parent or treatment
8foster parent, if the minor has been placed in a foster home or treatment foster home,
9and the minor's parent has signed a waiver granting the department of
health and
10family services children and families, a county department under s. 46.215, 46.22
, 11or 46.23, the foster parent or the treatment foster parent the authority to consent to
12medical services or treatment on behalf of the minor, or adult family member, as
13defined in s. 48.375 (2) (b), of any minor who has initiated an appeal under this
14section may attend or intervene in any proceeding under this section.
SB40, s. 3759
15Section
3759. 809.30 (2) (d) of the statutes is amended to read:
SB40,1628,2416
809.30
(2) (d)
Indigency redetermination. Except as provided in this
17paragraph, whenever a person whose trial counsel is appointed by the state public
18defender files a notice under par. (b) requesting public defender representation for
19purposes of postconviction or postdisposition relief, the prosecutor may, within 5
20days after the notice is served and filed, file in the circuit court and serve upon the
21state public defender a request that the person's indigency be redetermined before
22counsel is appointed or transcripts are requested. This paragraph does not apply to
23a
child or juvenile person who is entitled to be represented by counsel under s. 48.23
,
2451.60 (1), 55.105, or 938.23.
SB40, s. 3760
25Section
3760. 813.12 (5) (b) of the statutes is amended to read:
SB40,1629,2
1813.12
(5) (b) The clerk of circuit court shall provide the simplified forms
2provided under s.
46.95 49.165 (3) (c) to help a person file a petition.