Recently Passed Legislation

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.

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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