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.
Wisconsin Lawyer