AB56: Bill Text

AB56,1047,22 767.41 (5) (d) The court may not consider as a factor in determining the legal custody of a child whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

AB56,2115 Section 2115. 767.451 (5m) (a) of the statutes is amended to read:

AB56,1048,2 767.451 (5m) (a) Subject to pars. (b) and, (c), and (d), in all actions to modify legal custody or physical placement orders, the court shall consider the factors under s. 767.41 (5) (am), subject to s. 767.41 (5) (bm), and shall make its determination in a manner consistent with s. 767.41.

AB56,2116 Section 2116 . 767.451 (5m) (d) of the statutes is created to read:

AB56,1048,11 767.451 (5m) (d) In an action to modify a legal custody order, the court may not consider as a factor in making a determination whether a parent or potential custodian holds, or has applied for, a registry identification card, as defined in s. 146.44 (1) (g), is or has been the subject of a written certification, as defined in s. 146.44 (1) (h), or is or has been a qualifying patient, as defined in s. 146.44 (1) (e), or a primary caregiver, as defined in s. 146.44 (1) (d), unless the parent or potential custodian's behavior creates an unreasonable danger to the child that can be clearly articulated and substantiated.

AB56,2117 Section 2117. 767.57 (1e) (c) of the statutes is amended to read:

AB56,1048,18 767.57 (1e) (c) The department or its designee shall collect an annual fee of $25 $35 from every individual receiving child support or family support payments. In applicable cases, the fee shall comply with all requirements under 42 USC 654 (6) (B). The department or its designee may deduct the fee from maintenance, child or family support, or arrearage payments. Fees collected under this paragraph shall be deposited in the appropriation account under s. 20.437 (2) (ja).

AB56,2118 Section 2118 . 767.805 (4) (d) of the statutes is repealed.

AB56,2119 Section 2119 . 767.89 (3) (e) of the statutes is repealed.

AB56,2120 Section 2120 . 801.02 (1) of the statutes is amended to read:

AB56,1049,2 801.02 (1) A Except as provided in s. 20.9315 (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.

AB56,2121 Section 2121 . 801.50 (3) (b) of the statutes is amended to read:

AB56,1049,5 801.50 (3) (b) All actions relating to the validity or invalidly of a rule or guidance document shall be venued as provided in s. 227.40 (1).

AB56,2122 Section 2122 . 803.09 (1) of the statutes is amended to read:

AB56,1049,12 803.09 (1) Upon Except as provided in s. 20.9315, 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.

AB56,2123 Section 2123 . 803.09 (2) of the statutes is amended to read:

AB56,1049,23 803.09 (2) Upon Except as provided in s. 20.9315, 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.

AB56,2124 Section 2124 . 803.09 (2m) of the statutes is repealed.

AB56,2125 Section 2125 . 804.01 (2) (intro.) of the statutes is amended to read:

AB56,1050,3 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315 (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:

AB56,2126 Section 2126 . 805.04 (1) of the statutes is amended to read:

AB56,1050,12 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), 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.

AB56,2127 Section 2127 . 805.04 (2p) of the statutes is created to read:

AB56,1050,17 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.9315, the court shall take into account the best interests of the parties and the purposes of s. 20.9315.

AB56,2128 Section 2128 . 806.04 (11) of the statutes is amended to read:

AB56,1051,24 806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the legislature. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 13, 20, 111, 227 or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization or the assembly committee on organization may intervene as a party to the proceedings and be heard.

AB56,2129 Section 2129. 806.11 (1) (intro.) of the statutes is amended to read:

AB56,1052,3 806.11 (1) (intro.) At the time of filing the warrant provided by s. 71.74 (14), 71.91 (5), or 71.93 (8) (b) 5. (d), the clerk of circuit court shall enter the warrant in the judgment and lien docket, including:

AB56,2130 Section 2130. 806.11 (2) of the statutes is amended to read:

AB56,1052,8 806.11 (2) If a warrant provided by s. 71.74 (14), 71.91 (5), or 71.93 (8) (b) 5. (d) is against several persons, the warrant shall be entered, in accordance with the procedure under sub. (1), in the judgment and lien docket under the name of each person against whom the warrant was issued.

AB56,2131 Section 2131. 806.115 of the statutes is amended to read:

AB56,1052,14 806.115 Filing of duplicate copy of warrant. The department of revenue may file in any county a duplicate copy of a warrant filed under s. 71.74 (14), 71.91 (5), or 71.93 (8) (b) 5. (d) and the clerk of circuit court shall enter the duplicate copy on the judgment and lien docket as provided in s. 806.11. When so entered, the duplicate copy shall have the same legal effect as the warrant filed under s. 71.91 (5).

AB56,2132 Section 2132 . 809.13 of the statutes is amended to read:

AB56,1052,20 809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1), or (2), or (2m).

AB56,2133 Section 2133. 859.02 (2) (a) of the statutes is amended to read:

AB56,1053,2 859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift, or death taxes, or on unemployment insurance contributions due or benefits overpaid; a claim for funeral or administrative expenses; a claim of this state under s. 46.27 (7g), 2017 stats., 49.496, 49.682, or 49.849; or a claim of the United States; or

AB56,2134 Section 2134. 859.07 (2) (a) 3. of the statutes is amended to read:

AB56,1053,7 859.07 (2) (a) 3. The decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.

AB56,2135 Section 2135. 867.01 (3) (am) 4. of the statutes is amended to read:

AB56,1053,13 867.01 (3) (am) 4. Whether the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.

AB56,2136 Section 2136. 867.01 (3) (d) of the statutes is amended to read:

AB56,1053,21 867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785, the petitioner shall give notice by certified mail to the department of health services as soon as practicable after filing the petition with the court.

AB56,2137 Section 2137. 867.02 (2) (am) 6. of the statutes is amended to read:

AB56,1054,2 867.02 (2) (am) 6. Whether the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.

AB56,2138 Section 2138. 867.03 (1g) (c) of the statutes is amended to read:

AB56,1054,8 867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or s. 49.785.

AB56,2139 Section 2139. 867.03 (1m) (a) of the statutes is amended to read:

AB56,1054,23 867.03 (1m) (a) Whenever an heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785, the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.

AB56,2140 Section 2140. 867.03 (1m) (b) of the statutes is amended to read:

AB56,1055,8 867.03 (1m) (b) An heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1g) that states that the decedent or the decedent's spouse received services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing the delivery date.

AB56,2141 Section 2141. 867.03 (2g) (b) of the statutes is amended to read:

AB56,1055,25 867.03 (2g) (b) Property transferred under this section to or by an heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death is subject to the right of the department of health services to recover under s. 46.27 (7g) , 2017 stats., 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to long-term community support services under s. 46.27, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1., 2017 stats., and that was paid on behalf of the decedent or the decedent's spouse. Upon request, the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death shall provide to the department of health services information about any of the decedent's property that the heir, trustee, person named in the will to act as personal representative, or person who was guardian of the decedent at the time of the decedent's death has distributed and information about the persons to whom the property was distributed.

AB56,2142 Section 2142. 893.33 (4r) of the statutes is amended to read:

AB56,1056,3 893.33 (4r) This section applies to liens of the department of health services on real property under ss. 46.27 (7g), 2017 stats., 49.496, 49.682, and 49.849.

AB56,2143 Section 2143 . Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

AB56,1056,6 CHAPTER 893

AB56,1056,10 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS AND EMPLOYEES; STATUTORY CHALLENGES

AB56,2144 Section 2144 . 893.825 of the statutes is repealed.

AB56,2145 Section 2145 . 893.9815 of the statutes is created to read:

AB56,1056,15 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

AB56,2146 Section 2146 . 895.48 (1m) (a) (intro.) of the statutes is amended to read:

AB56,1057,3 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist or dental therapist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed 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. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 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:

AB56,2147 Section 2147 . 895.48 (1m) (a) 2. of the statutes is amended to read:

AB56,1057,9 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, dental therapist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

AB56,2148 Section 2148 . 938.02 (1) of the statutes is amended to read:

AB56,1057,14 938.02 (1) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

AB56,2149 Section 2149 . 938.02 (10m) of the statutes is amended to read:

AB56,1057,20 938.02 (10m) “Juvenile," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

AB56,2150 Section 2150 . 938.12 (2) of the statutes is amended to read:

AB56,1058,2 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB56,2151 Section 2151 . 938.18 (2) of the statutes is amended to read:

AB56,1058,12 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB56,2152 Section 2152 . 938.183 (3) of the statutes is amended to read:

AB56,1058,21 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB56,2153 Section 2153 . 938.22 (2) (d) of the statutes, as affected by 2019 Wisconsin Act .... (this act), is repealed and recreated to read:

AB56,1059,3 938.22 (2) (d) 1. Except as provided in subd. 2., a juvenile detention facility is authorized to accept juveniles for placement for more than 30 consecutive days under s. 938.34 (3) (f) 1. if all of the following apply:

AB56,1059,7 a. The juvenile detention facility is operated by a county, the county board of supervisors of which has adopted a resolution under s. 938.34 (3) (f) 3., prior to January 1, 2018, authorizing placement of juveniles at the juvenile detention facility under s. 938.34 (3) (f) for more than 30 consecutive days.

AB56,1059,9 b. The county that operates the juvenile detention facility is not awarded a grant under 2017 Wisconsin Act 185, section 110 (4).

AB56,1059,16 2. After the effective date of this subdivision .... [LRB inserts date], the number of juveniles that may be housed at a juvenile detention facility under subd. 1. is limited to the number that are housed at the juvenile detention facility on that date, and the juvenile detention facility may not be altered or added to or repaired in excess of 50 percent of its assessed value. If a juvenile detention facility violates this subdivision, it is no longer authorized to accept juveniles for placement for more than 30 consecutive days.

AB56,2154 Section 2154 . 938.22 (2) (d) 1. of the statutes is renumbered 938.22 (2) (d), and 938.22 (2) (d) (intro.), as renumbered, is amended to read:

AB56,1059,21 938.22 (2) (d) (intro.) Except as provided in subd. 2., a A juvenile detention facility is authorized to accept juveniles for placement for more than 30 consecutive days under s. 938.34 (3) (f) 1. if all of the following apply:

AB56,2155 Section 2155. 938.22 (2) (d) 2. of the statutes is repealed.

AB56,2156 Section 2156 . 938.255 (1) (intro.) of the statutes is amended to read:

AB56,1060,5 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a person under the age of 18".." A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person under the age of 17". juvenile." A petition initiating proceedings under this chapter shall specify all of the following:

AB56,2157 Section 2157 . 938.34 (3) (f) 1. of the statutes is amended to read:

AB56,1060,13 938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 365 in a juvenile detention facility under s. 938.22 (2) (d) 1. and may be for no more than 30 consecutive days in any other juvenile detention facility, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

AB56,2158 Section 2158 . 938.34 (3) (f) 1. of the statutes, as affected by 2019 Wisconsin Act .... (this act), is amended to read:

AB56,1060,22 938.34 (3) (f) 1. The placement may be for any combination of single or consecutive days totalling not more than 365 in a juvenile detention facility under s. 938.22 (2) (d) 1. and may be for no more than 30 consecutive days in any other juvenile detention facility, including any placement under pars. (a) to (e). The juvenile shall be given credit against the period of detention or nonsecure custody imposed under this paragraph for all time spent in secure detention in connection with the course of conduct for which the detention or nonsecure custody was imposed.

AB56,2159 Section 2159 . 938.34 (8) of the statutes is amended to read: