Vol. 71, No. 5, May 1998
At Issue
Flurry of activity wraps up
Legislative Session ... for now
Here's a brief look at some recent legislation
supported by the State Bar or its sections, and their status
as of April 30, 1998.
By Jennifer Boese
March saw a blur of activity as hundreds of bills volleyed
between the two chambers of the Wisconsin Legislature before
the regular session's close on March 26. However, legislators
knew they would be called back into special session after the
decisive April elections; one key April race would swing the
pendulum of control in the Wisconsin Legislature.
The key race was to fill the open 28th Senate District seat.
Since the seat was vacated by Democrat Lynn Adelman, who resigned
to accept a federal judgeship in late 1997, control of the State
Senate had been deadlocked at 16-16. A Republican victory in
that seat returned control of the Senate to Republicans for the
first time since 1996. They now control all three legislative
bodies ­ senate, assembly, and the executive office.
In the spring special session, the Legislature likely will
have addressed several big-ticket issues, such as the budget
adjustment bill and Truth-in-Sentencing initiative. A host of
other legislation is still in the mix.
While the April elections have already changed the political
landscape of state government, legislative action in March proved
to be just as interesting. Several significant pieces of legislation
spearheaded by the State Bar or its sections were approved in
those final days of session. For more information, and to access
the Acts online, visit Capitol Update.
To view the Acts, you will need Adobe Acrobat Reader. Go
to the WisBar Toolbox if you
do not have Acrobat installed!
State Bar-supported legislation
Senate Bill 321 (Circuit Courts) ­ 1997
Wis. Act 203. State Bar President Steve Sorenson traveled
to Madison several times to testify before legislative committees
in support of SB 321. To address the overburdened court system,
SB 321 adds one additional circuit court judgeship to each of
these six counties: Fond du Lac, Jefferson, Milwaukee, Marathon,
Lincoln, and La Crosse. This legislation was authored by former
Sen. Adelman and Rep. Huebsch. Status: Signed into law on
April 27, 1998; additional judges will be elected in spring 1999,
to commence their terms Aug. 1, 1999.
Senate Bill 148 (Wrongful Death/Medical Malpractice) ­
1997
Wis. Act 89. The State Bar supported efforts to increase
the caps in wrongful death and medical malpractice cases under
SB 148. The final compromise included raising the cap on wrongful
death for loss of society and companionship from $150,000 to
$500,000 for deceased minors and $350,000 for deceased adults.
The bill also allows a minor sibling to bring a cause of action.
SB 148 was introduced by Sen. Clausing and Rep. Plouff. Status:
Signed into law on April 13, 1998; effective April 28, 1998,
for claims filed on or after April 28.
Real Property, Probate and Trust Section-supported legislation
Assembly Bill 645 (Uniform Probate Code Rewrite) ­
1997
Wis. Act 188. The Real Property, Probate and Trust Law
Section worked for years on revamping the Probate Code. The section's
work was introduced this year by Rep. Green and Sen. Huelsman.
AB 645 updates the probate code, provides clarification and consumer
protection. Status: Signed into law on April 27, 1998; effective
date is Jan. 1, 1999 (except for irrevocable governing instruments
executed before that date).
Senate Bill 330 (Probate Filing Fee) ­ 1997
Wis. Act 83. The Real Property, Probate and Trust Law
Section crafted language to eliminate confusion over assessment
of probate filing fees. SB 330 clarifies that the fee is assessed
only on inventory that passes through probate and is subject
to administration. It was introduced by Sen. Huelsman and Rep.
Green. Status: Signed into law on April 13, 1998; effective
date is April 28, 1998.
Business Law Section-supported legislation
Senate Bill 423 (Chapter 181 Nonstock/Nonprofit Corporations
Rewrite) ­ 1997
Wis. Act 79. After years of review, the Business Law
Section was able to have Sen. Huelsman and Rep. Walker introduce
legislation that updated the nonstock corporations statute. SB
423 provides flexibility, conformity, uniformity, volunteer protection,
and streamlines procedural requirements under Chapter 181. It
also requires foreign nonprofits to register in Wisconsin. Status:
Signed into law on April 13, 1998; effective date is Jan. 1,
1999.
Assembly Bill 553 (Unincorporated Nonprofit Associations)
­ 1997
Wis. Act 140. AB 553 is a uniform laws bill that clarifies
that unincorporated nonprofit associations are separate legal
entities from their members. The Business Law Section reviewed
and forwarded this bill to the Legislature. The bill then was
introduced by Wisconsin's four legislative members on the uniform
laws commission (Reps. Cullen and Green; Sens. George and Huelsman).
Status: Signed into law on April 20, 1998.
Family Law Section-supported legislation
Assembly Bill 289 (Medical Records of Parents in Divorce).
AB 289 is a substantial improvement to current law that requires
medical history information from both parents in divorce cases
involving children. The Family Law Section worked with the original
bill author, Rep. Black, on modifications to require the medical
record information in sole custody cases only, and the information
would be maintained by the physician in a separate, confidential
file. AB 289 did not pass the Legislature but the language was
incorporated as an amendment to SB 494 (see below). Status:
Incorporated into SB 494.
Senate Bill 494 (Child Support Enforcement) ­ 1997
Wis. Act 191. SB 494 is a response to federal mandates
that require states to increase collection of delinquent child
support. The various tools used to do so include seizing assets
and property, and suspending professional licenses and driver's
licenses through administrative procedures.
The Family Law Section worked to amend the legislation to
include these provisions:
- Requires the Department of Workforce Development to make
every effort to obtain the obligor's most current address. This
will help assure that the obligor will receive advance notice
of any enforcement actions.
- Provides obligors with a free financial record and court
order review to ensure the amount of arrears is accurate.
- Allows third parties who may have an interest in a bank account
or property to request a court hearing to have their interests
partitioned from the action.
- Provides judicial oversight to determine if payment plans
established by the child support agencies are reasonable. Status:
Signed into law on April 27, 1998; proposed effective date May
1.
Elder Law Section-supported legislation
Senate Bill 254 (Power of Attorney for Finances) ­
1997
Wis. Act 233. The Elder Law Section, with cooperation
from the Real Property, Probate and Trust Law Section, worked
to simplify, clarify and provide additional consumer protection
to the power of attorney form for finances and other property.
SB 254 was introduced by Sen. Burke and Rep. Green. Status:
Signed into law on April 27, 1998.
Other bills of interest to lawyers
These bills of interest to lawyers also were passed by the
Legislature.
AB 671 (Summons & Complaints/Responsive Pleadings)
­ 1997
Wis. Act 187. AB 671, 1997 Wis. Act 187, increases the
time allowed to serve a summons and complaint from 60 to 90 days
after filing, and the time to answer the complaint to 45 days.
Status: Signed into law on April 27, 1998; effective date
May 12, 1998.
AB 600 (Adoption) ­ 1997
Wis. Act 104. AB 600 makes various changes to adoption
law, including: clarifies which birth expenses can be paid by
the adoptive parents; prohibits advertising by adoption agencies
not licensed in Wisconsin; reduces the time to petition for a
rehearing on a contested involuntary Termination of Parental
Rights (based on new evidence) to 30 days after the order is
entered or until the adoption is final, whichever is later; and
gives adopted relatives the same rights as blood relatives in
adoptions. Status: Signed into law on April 14, 1998; effective
date is April 29, 1998.
AB 688 (Prisoner Litigation) ­ 1997
Wis. Act 133. AB 688 seeks to curb litigation abuses
by inmates in Wisconsin's prisons and jails by: restricting the
number of lawsuits a prisoner may commence if previous actions
were dismissed as frivolous; limiting discovery by pro se prisoners;
and clarifying that the lawsuit restrictions do not apply to
juveniles or mental commitments. Status: Signed into law on
April 21, 1998.
AB 118 (Qualified Domestic Relations Orders) ­ 1997
Wis. Act 125. Supported by the Family Law Section, AB
118 allows persons divorced between 1982 and 1990, who participate
in the Wisconsin Retirement Fund, to use qualified domestic relations
orders (QDROs). Status: Signed into law on April 17, 1998;
proposed effective date is May 2, 1998.
SB 470 (Driver's License Revocation/Suspension Changes)
­ 1997
Wis. Act 84. Streamlining the state's driver's license
revocation and suspension laws, the Act makes operating a vehicle
with a suspended driver's license a civil infraction and operating
a vehicle with a revoked driver's license a crime. Status:
Signed into law.
Jennifer
Boese is a State Bar government relations coordinator. For
more information, she can be reached at (800) 444-9404, ext.
6045. Access
the acts online.
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