Amendment ASA1-AB100

AB100-ASA1, s. 3588 Section 3588. 778.26 (2) (g) of the statutes is amended to read:

AB100-ASA1,1872,25 778.26 (2) (g) Notice that if the defendant makes a deposit and fails to appear in court at the time specified in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and plea, may decide to summon the defendant or may issue an arrest warrant for the defendant upon failure to respond to a summons.

AB100-ASA1, s. 3589 Section 3589. 778.26 (2) (h) of the statutes is amended to read:

AB100-ASA1,1873,10 778.26 (2) (h) Notice that if the defendant makes a deposit and signs the stipulation, the stipulation will be treated as a plea of no contest and submission to a forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. The notice shall also state that the court, instead of accepting the deposit and stipulation, may decide to summon the defendant or issue an arrest warrant for the defendant upon failure to respond to a summons, and that the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation.

AB100-ASA1, s. 3590 Section 3590. 778.26 (3) of the statutes is amended to read:

AB100-ASA1,1873,21 778.26 (3) A defendant issued a citation under this section may deposit the amount of money the issuing officer directs by mailing or delivering the deposit and a copy of the citation prior to the court appearance date to the clerk of the circuit court in the county where the violation occurred or to the sheriff's office or police headquarters of the officer who issued the citation. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule the deposit shall include the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and costs.

AB100-ASA1, s. 3591 Section 3591. 778.26 (4) of the statutes is amended to read:

AB100-ASA1,1874,2 778.26 (4) A defendant may make a stipulation of no contest by submitting a deposit and a stipulation in the manner provided by sub. (3) prior to the court appearance date. The signed stipulation is a plea of no contest and submission to a forfeiture plus the penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment and costs not to exceed the amount of the deposit.

AB100-ASA1, s. 3592 Section 3592. 778.26 (5) of the statutes is amended to read:

AB100-ASA1,1874,14 778.26 (5) Except as provided by sub. (6), a person receiving a deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time specified in the citation he or she shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit and that the court may accept the plea. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the canceled check is the receipt.

AB100-ASA1, s. 3593 Section 3593. 778.26 (6) of the statutes is amended to read:

AB100-ASA1,1874,24 778.26 (6) The person receiving a deposit and stipulation of no contest shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of the circuit court regarding the disposition of the deposit, and notifying the defendant that if the stipulation of no contest is accepted by the court the defendant will be considered to have submitted to a forfeiture, penalty assessment and , jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. Delivery of the receipt shall be made in the same manner as provided in sub. (5).

AB100-ASA1, s. 3594 Section 3594. 778.26 (7) (b) of the statutes is amended to read:

AB100-ASA1,1875,15 778.26 (7) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may, within 90 days after the date set for appearance, move to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is relieved from the plea of no contest, the court may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB100-ASA1, s. 3595 Section 3595. 778.26 (7) (c) of the statutes is amended to read:

AB100-ASA1,1876,2 778.26 (7) (c) If the defendant has made a deposit and stipulation of no contest, the citation serves as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment and, jail assessment and crime laboratories and drug law enforcement assessment plus costs not to exceed the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.

AB100-ASA1, s. 3596 Section 3596. 778.26 (9) of the statutes is amended to read:

AB100-ASA1,1876,10 778.26 (9) An officer who collects a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and costs under this section shall pay the money to the county treasurer within 20 days after its receipt. If the officer fails to make timely payment, the county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid.

AB100-ASA1, s. 3597 Section 3597. 779.01 (4) of the statutes is amended to read:

AB100-ASA1,1877,3 779.01 (4) Priority of construction lien. The lien provided in sub. (3) shall be prior to any lien which originates subsequent to the visible commencement in place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a), 292.31 (8) (i), 144.77 292.41 (6) (d), 292.81 and 706.11 (1). When new construction is the principal improvement involved, commencement is deemed to occur no earlier than the beginning of substantial excavation for the foundations, footings or base of the new construction, except where the new construction is to be added to a substantial existing structure, in which case the commencement is the time of the beginning of substantial excavation or the time of the beginning of substantial preparation of the existing structure to receive the added new construction, whichever is earlier. The lien also shall be prior to any unrecorded mortgage given prior to the commencement of the work of improvement, if the lien claimant has no actual notice of the mortgage before the commencement. Lien claimants who perform work or procure its performance or furnish any labor or materials or plans or specifications for an improvement prior to the visible commencement of the work of improvement shall have lien rights, but shall have only the priority accorded to other lien claimants.

AB100-ASA1, s. 5163e Section 5163e. 779.14 (1m) (b) 1. of the statutes is renumbered 779.14 (1m) (b) 1. (intro.) and amended to read:

AB100-ASA1,1877,14 779.14 (1m) (b) 1. (intro.) A contract under par. (a) shall in excess of $10,000 may not be made unless the prime contractor gives a bond issued by a surety company licensed to do business in this state and unless the prime contractor agrees, to the extent practicable, to maintain a list of all subcontractors and suppliers performing labor or furnishing materials under the contract. The department of natural resources for contracts under s. 23.41, the department of administration for other state contracts, and the public board or body authorized to enter into such contracts for all other contracts under par. (a), may waive the requirement that contractors furnish bonds if all of the following conditions are met:

AB100-ASA1, s. 5163m Section 5163m. 779.14 (1m) (b) 1. a. to c. of the statutes are created to read:

AB100-ASA1,1877,16 779.14 (1m) (b) 1. a. The contract is not in excess of $25,000.

AB100-ASA1,1877,18 b. The contract meets the written standards for a waiver established by the department, board or body authorized to waive the requirement.

AB100-ASA1,1877,21 c. The department, board or body authorized to waive the requirement guarantees payment to any subcontractor on the project covered by the contract or those who have claims for labor on the project covered by the contract.

AB100-ASA1, s. 5163s Section 5163s. 779.14 (1m) (b) 1m. of the statutes is created to read:

AB100-ASA1,1877,25 779.14 (1m) (b) 1m. The bonding requirement under subd. 1. does not apply to a contract for the direct purchase of materials by the state or by a local unit of government.

AB100-ASA1, s. 3598 Section 3598. 779.35 of the statutes is amended to read:

AB100-ASA1,1878,16 779.35 Mining liens. Any person who shall perform any labor or services for any person or corporation engaged in or organized for the purpose of mining, smelting or manufacturing iron, copper, silver or other ores or minerals, and any bona fide holder of any draft, time check or order for the payment of money due for any such labor, issued or drawn by any such person or corporation, shall have a lien for the wages due for the amount due on such draft, check or order upon all the personal property connected with such mining, smelting or manufacturing industry belonging to such person or corporation, including the ores or products of such mine or manufactory, together with the machinery and other personal property used in the operation of such mine or manufactory and all the interest of such person or corporation in any real estate belonging thereto and connected with such business, which said lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such person or corporation, except liens accruing for taxes, fines or penalties and liens under ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81, subject to the exceptions and limitations hereinafter set forth.

AB100-ASA1, s. 3599 Section 3599. 779.40 (1) of the statutes is amended to read:

AB100-ASA1,1879,5 779.40 (1) Any person who shall perform any labor for an employer not the owner of the real estate, engaged in quarrying, crushing, cutting or otherwise preparing stone for use or for manufacturing lime and any bona fide holder of any draft, time check or order for the payment of money due for any such labor issued by such employer, shall have a lien for wages owed and for the amount due on such draft, check or order upon the personal property connected with such industry owned by such employer, including interest in the product of such quarry or factory and machinery and other personal property used in the operation of such quarry or factory, and all interest in any lease of the real estate connected with such business, which lien shall take precedence of all other debts, judgments, decrees, liens or mortgages against such employer, except taxes, fines or penalties and mortgages or judgments recorded or entered before such labor is performed and except liens under ss. 292.31 (8) (i), 144.77 292.41 (6) (d) and 292.81.

AB100-ASA1, s. 3600 Section 3600. 800.02 (2) (a) 8. of the statutes is amended to read:

AB100-ASA1,1879,13 800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant rather than accept the deposit and plea.

AB100-ASA1, s. 3601 Section 3601. 800.02 (3) (a) 5. of the statutes is amended to read:

AB100-ASA1,1879,21 800.02 (3) (a) 5. A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the ordinance, resolution or bylaw upon which the cause of action is based and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable domestic abuse assessment and such other relief that is sought by the plaintiff.

AB100-ASA1, s. 3602 Section 3602. 800.03 (3) of the statutes is amended to read:

AB100-ASA1,1880,5 800.03 (3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 165.87, any jail assessment that would be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under s. 165.755 and any domestic abuse assessment that would be applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s. 814.65 (1).

AB100-ASA1, s. 3603 Section 3603. 800.04 (2) (b) of the statutes is amended to read:

AB100-ASA1,1880,24 800.04 (2) (b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 165.87, any jail assessment that would be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under s. 165.755 and any domestic abuse assessment that would be applicable under s. 973.055 (1). If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

AB100-ASA1, s. 3604 Section 3604. 800.04 (2) (c) of the statutes is amended to read:

AB100-ASA1,1881,13 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment imposed by s. 302.46 (1), a crime laboratories and drug law enforcement assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

AB100-ASA1, s. 3605 Section 3605. 800.09 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1881,24 800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty it may render judgment by ordering restitution under s. 800.093 and payment of a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments and costs. If the judgment is not paid, the court may proceed under par. (a), (b) or (c) or any combination of those paragraphs, as follows:

AB100-ASA1, s. 3606 Section 3606. 800.09 (1) (a) of the statutes is amended to read:

AB100-ASA1,1882,12 800.09 (1) (a) The court may defer payment of any judgment or provide for instalment payments. At the time the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, the penalty assessment, the jail assessment , the crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. (c), if applicable. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.

AB100-ASA1, s. 3607 Section 3607. 800.09 (2) (b) of the statutes is amended to read:

AB100-ASA1,1883,2 800.09 (2) (b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, together with the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment and any applicable domestic abuse assessment plus costs. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. Any money remaining after payment of any penalties, assessments, costs and restitution shall be refunded to the person who made the deposit.

AB100-ASA1, s. 3608 Section 3608. 800.12 (2) of the statutes is amended to read:

AB100-ASA1,1883,9 800.12 (2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87 and, jail assessment under s. 302.46 and crime laboratories and drug law enforcement assessment under s. 165.755 and any applicable domestic abuse assessment under s. 973.055 (1), a jail sentence not to exceed 7 days.

AB100-ASA1, s. 3609 Section 3609. 814.03 (3) of the statutes is created to read:

AB100-ASA1,1883,17 814.03 (3) Notwithstanding subs. (1) and (2), where the department of health and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and 803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where the interests of the department of health and family services or of the county are represented under s. 803.03 (2) (b) by the party who caused the joinder, the department of health and family services or the county shall not be liable for costs to any prevailing defendant.

AB100-ASA1, s. 3610 Section 3610. 814.60 (2) (an) of the statutes is created to read:

AB100-ASA1,1883,20 814.60 (2) (an) Crime laboratories and drug law enforcement assessment imposed under s. 165.755.

AB100-ASA1, s. 3611 Section 3611. 814.60 (2) (cg) of the statutes is created to read:

AB100-ASA1,1883,22 814.60 (2) (cg) Enforcement assessment imposed by s. 253.06 (4) (c).

AB100-ASA1, s. 3612 Section 3612. 814.61 (12) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 3613 Section 3613. 814.61 (12) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,1884,15 814.61 (12) (b) Maintenance payments and support. (intro.) Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make payments. Except in counties that have designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the court shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the clerk in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this paragraph, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this paragraph is not paid when due, the clerk may not deduct the annual fee from the maintenance or support payment, but:

AB100-ASA1, s. 3614 Section 3614. 814.61 (12) (cm) of the statutes is repealed.

AB100-ASA1, s. 3615 Section 3615. 814.612 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

AB100-ASA1, s. 3616 Section 3616. 814.612 (intro.) of the statutes is amended to read:

AB100-ASA1,1885,9 814.612 Fees of designee for receiving and disbursing support. (intro.) In a county that has designated a county support collection designee under s. 59.07 (97m) 59.53 (5m), the support collection designee, for receiving and disbursing money deposited as payment for maintenance payments, child support or family support payments, under interim or final orders in an action affecting the family, and for maintaining the records required under s. 59.07 (97m) (b) 1. 59.53 (5m) (b) 1., shall collect an annual fee of up to $25 to be paid by each party ordered to make payments. In such a county, the court shall order each party ordered to make payments to pay the annual fee under this section at the time of, and in addition to, the first payment to the support collection designee in each year for which payments are ordered. At the time of ordering the payment of an annual fee under this section, the court shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section is not paid when due, the support collection designee may not deduct the annual fee from the maintenance or support payment, but:

AB100-ASA1, s. 3617 Section 3617. 814.63 (3) (am) of the statutes is created to read:

AB100-ASA1,1885,12 814.63 (3) (am) Crime laboratories and drug law enforcement assessment imposed under s. 165.755.

AB100-ASA1, s. 3618 Section 3618. 814.63 (3) (bg) of the statutes is created to read:

AB100-ASA1,1885,14 814.60 (3) (bg) Enforcement assessment imposed by s. 253.06 (4) (c).

AB100-ASA1, s. 3619 Section 3619. 814.635 (1) of the statutes is amended to read:

AB100-ASA1,1885,21 814.635 (1) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $5 $7 justice information system fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information system fee is in addition to the other fees listed in this section.

AB100-ASA1, s. 5195g Section 5195g. 814.705 (intro.) of the statutes is renumbered 814.705 (1) (intro.).

AB100-ASA1, s. 5195m Section 5195m. 814.705 (1), (2), (3) and (4) of the statutes are renumbered 814.705 (1) (a), (b), (c) and (d).

AB100-ASA1, s. 5195r Section 5195r. 814.705 (2) of the statutes is created to read:

AB100-ASA1,1886,4 814.705 (2) With respect to sheriff's fees for the sale of real estate under s. 814.70 (9), the county board may establish a higher fee in an amount not to exceed $150.

AB100-ASA1, s. 5197s Section 5197s. 823.08 (3) (c) of the statutes is created to read:

AB100-ASA1,1886,11 823.08 (3) (c) 1. Subject to subd. 2., if a court requests the department of agriculture, trade and consumer protection or the department of natural resources for suggestions under par. (b) 2. a., the department of agriculture, trade and consumer protection or the department of natural resources shall advise the court concerning the relevant provisions of the performance standards, prohibitions, conservation practices and technical standards under s. 281.16 (3).

AB100-ASA1,1886,16 2. If the agricultural use or agricultural practice alleged to be a nuisance was begun before the effective date of this subdivision .... [revisor inserts date], a department may advise the court under subd. 1. only if the department determines that cost-sharing is available to the defendant under s. 92.14, 281.16 (5) or 281.65 or from any other source.

AB100-ASA1, s. 3620 Section 3620. 823.115 (1) of the statutes is amended to read:

AB100-ASA1,1887,5 823.115 (1) If personal and real property are ordered sold under s. 823.114, and the real property is not released to the owner under s. 823.15, the plaintiff in the action under s. 823.113 shall sell the property at the highest available price. The city, town or village may sell the property at either a public or private sale. The proceeds of the sale shall be applied to the payment of the costs of the action and abatement and any liens on the property, and the balance, if any, paid as provided in sub. (2). The plaintiff may file a notice of the pendency of the action as in actions affecting the title to real estate and if the owner of the building or structure, or the owner of the land upon which the building or structure is located, is found guilty of the nuisance, the judgment for costs of the action not paid out of the proceeds of the sale of the property shall constitute a lien on the real estate prior to any other lien created after the filing of the lis pendens, except a lien under s. 292.31 (8) (i) , 292.41 (6) (d) or 292.81.

AB100-ASA1, s. 3621 Section 3621. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03 (1g) (intro.), as renumbered, is amended to read:

AB100-ASA1,1887,17 867.03 (1g) Generally. (intro.) When a decedent leaves solely owned property in this state which does not exceed $10,000 in value, any heir of the decedent or person who was guardian of the decedent at the time of the decedent's death may collect any money due the decedent, receive the property of the decedent if it is not an interest in or lien on real property and have any evidence of interest, obligation to or right of the decedent transferred to the affiant upon furnishing the person owing the money, having custody of the property or acting as registrar or transfer agent of the evidences of interest, obligation to or right, with proof of prior mailed notice under sub. (1m) if applicable and with an affidavit in duplicate showing all of the following:

AB100-ASA1, s. 3622 Section 3622. 867.03 (1c) of the statutes is created to read:

AB100-ASA1,1887,20 867.03 (1c) Definition. In this section, "guardian" has the meaning given in s. 880.01 (3).

AB100-ASA1, s. 3623 Section 3623. 867.03 (1m) (a) of the statutes is amended to read:

AB100-ASA1,1888,6 867.03 (1m) (a) Whenever an heir 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. (1) (1g) and the decedent or the decedent's spouse ever received medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health and family services of his or her intent. The notice shall include the information in the affidavit under sub. (1) (1g) and the heir 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.

AB100-ASA1, s. 3624 Section 3624. 867.03 (1m) (b) of the statutes is amended to read:

AB100-ASA1,1888,15 867.03 (1m) (b) An heir or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1) (1g) that states that the decedent or the decedent's spouse received medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir or person who was guardian of the decedent at the time of the decedent's death files the affidavit.

AB100-ASA1, s. 3625 Section 3625. 867.03 (2) of the statutes is amended to read:

AB100-ASA1,1888,21 867.03 (2) Release of liability of transferor. Upon the transfer to the heir or person who was guardian of the decedent at the time of the decedent's death furnishing the affidavit with an attached proof of mail delivery if required under sub. (1m) (b), the transferor is released to the same extent as if the transfer had been made to the personal representative of the estate of the decedent.

AB100-ASA1, s. 3626 Section 3626. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a) (intro.) and amended to read: