AB75,1590,1111
812.44
(5) (form)
AB75,1590,1712
... 2.
(5) (form) paragraph 2. I receive, am eligible for, or have within 6 months
13received, aid to families with dependent children,
relief funded by a relief block grant
14under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin
15Statutes, medical assistance, supplemental security income, food stamps, or
16veterans benefits based on need under
38 USC 501 to
562 or section
45.
351 (1) of the
17Wisconsin Statutes.
AB75, s. 3232
18Section
3232. 814.29 (1) (d) 1. of the statutes is amended to read:
AB75,1590,2319
814.29
(1) (d) 1. That the person is a recipient of means-tested public
20assistance, including aid to families with dependent children,
relief funded by a relief
21block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical
22assistance, supplemental security income, food stamps
, or benefits received by
23veterans under s. 45.40 (1) or under
38 USC 501 to
562.
AB75, s. 3233
24Section
3233. 814.63 (1) (c) of the statutes is amended to read:
AB75,1591,6
1814.63
(1) (c) This subsection does not apply to an action for a violation of s.
2101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or
(5) (2m), for a first violation of s. 23.33
3(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
4committed the violation had a blood alcohol concentration of 0.08 or more but less
5than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a
6safety belt use violation under s. 347.48 (2m).
AB75, s. 3234
7Section
3234. 814.67 (1) (c) of the statutes is renumbered 814.67 (1) (c) (intro.)
8and amended to read:
AB75,1591,129
814.67
(1) (c) (intro.) For traveling,
at the rate of 20 cents per mile going and
10returning from his or her residence if within the state; or, if without the state, from
11the point where he or she crosses the state boundary to the place of attendance, and
12returning by the usually traveled route between such points
.:
AB75, s. 3235
13Section
3235. 814.67 (1) (c) 1. of the statutes is created to read:
AB75,1591,1414
814.67
(1) (c) 1. For witnesses, the rate of 20 cents per mile.
AB75, s. 3236
15Section
3236. 814.67 (1) (c) 2. of the statutes is created to read:
AB75,1591,1616
814.67
(1) (c) 2. For interpreters, the mileage rate set under s. 20.916 (8).
AB75, s. 3237
17Section
3237. 814.75 (22m) of the statutes is amended to read:
AB75,1591,1918
814.75
(22m) The supplemental food enforcement surcharge under s.
49.17 19253.06 (4) (c).
AB75, s. 3238
20Section
3238. 814.76 (15m) of the statutes is amended to read:
AB75,1591,2221
814.76
(15m) The supplemental food enforcement surcharge under s.
49.17 22253.06 (4) (c).
AB75, s. 3239
23Section
3239. 814.80 (11) of the statutes is amended to read:
AB75,1591,2524
814.80
(11) The supplemental food enforcement surcharge under s.
49.17 25253.06 (4) (c).
AB75, s. 3240
1Section
3240. 814.86 (1) of the statutes is amended to read:
AB75,1592,102
814.86
(1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
3(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
4had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
5violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
6s. 347.48 (2m), the clerk of circuit court shall charge and collect a
$12 $18 justice
7information system surcharge from any person, including any governmental unit, as
8defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
9(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
10addition to the surcharge listed in sub. (1m).
AB75, s. 3241
11Section
3241. 823.08 (2) (b) of the statutes is amended to read:
AB75,1592,1212
823.08
(2) (b) "Agricultural use" has the meaning given in s. 91.01
(1) (2).
AB75, s. 3242
13Section
3242. 846.04 (1) of the statutes is amended to read:
AB75,1592,2514
846.04
(1) The plaintiff may, in the complaint, demand judgment for any
15deficiency that may remain due the plaintiff after sale of the mortgaged premises
16against every party who is personally liable for the debt secured by the mortgage.
17Judgment may be rendered for any deficiency remaining after applying the proceeds
18of sale to the amount due. The judgment for deficiency shall be ordered in the original
19judgment and separately rendered against the party liable on or after the
20confirmation of sale. The judgment for deficiency shall be entered in the judgment
21and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases.
22A mortgage foreclosure deficiency judgment entered
on or after October 14, 1997, on
23property
devoted primarily to under agricultural use, as defined in s. 91.01
(5), on
24and after October 14, 1997, (2), for at least 12 consecutive months during the
25preceding 36-month period shall be recorded as an agriculture judgment.
AB75, s. 3243
1Section
3243. 846.04 (2) of the statutes is amended to read:
AB75,1593,72
846.04
(2) Except as provided in sub. (3), if a mortgage foreclosure deficiency
3judgment is entered on property
devoted primarily to
under agricultural use, as
4defined in s. 91.01
(5), (2), for at least 12 consecutive months during the preceding
536-month period, an action on the deficiency judgment shall be commenced within
610 years after the date on which the mortgage foreclosure deficiency judgment is
7entered or be barred.
AB75, s. 3244
8Section
3244. 851.08 of the statutes is created to read:
AB75,1593,10
9851.08 Domestic partner. "
Domestic partner" has the meaning given in s.
10770.01 (1) and "domestic partnership" has the meaning given in s. 770.01 (2).
AB75, s. 3245
11Section
3245. 851.17 of the statutes is amended to read:
AB75,1593,17
12851.17 Net estate. "Net estate" means all property subject to administration
13less the property selected by the surviving spouse
or surviving domestic partner 14under s. 861.33, the allowances made by the court under ss. 861.31, 861.35 and
15861.41 except as those allowances are charged by the court against the intestate
16share of the recipient, administration, funeral and burial expenses, the amount of
17claims paid and federal and state estate taxes payable out of such property.
AB75, s. 3246
18Section
3246. 851.295 of the statutes is created to read:
AB75,1593,21
19851.295 Surviving domestic partner. "Surviving domestic partner" means
20a person who was in a domestic partnership under ch. 770 with the decedent, at the
21time of the decedent's death.
AB75, s. 3247
22Section
3247. 852.01 (1) (a) (intro.), 1. and 2. (intro.) and b., (b), (c), (d) and (f)
23(intro.) of the statutes are amended to read:
AB75,1593,2424
852.01
(1) (a) (intro.) To the spouse
or domestic partner:
AB75,1594,3
11. If there are no surviving issue of the decedent, or if the surviving issue are
2all issue of the surviving spouse
or surviving domestic partner and the decedent, the
3entire estate.
AB75,1594,64
2. (intro.) If there are surviving issue one or more of whom are not issue of the
5surviving spouse
or surviving domestic partner, one-half of decedent's property
6other than the following property:
AB75,1594,87
b. The decedent's interest in property held equally and exclusively with the
8surviving spouse
or surviving domestic partner as tenants in common.
AB75,1594,119
(b) To the issue, per stirpes, the share of the estate not passing to the spouse
10or surviving domestic partner, under par. (a), or the entire estate if there is no
11surviving spouse
or surviving domestic partner.
AB75,1594,1312
(c) If there is no surviving spouse
, surviving domestic partner, or issue, to the
13parents.
AB75,1594,1514
(d) If there is no surviving spouse,
surviving domestic partner, issue
, or parent,
15to the brothers and sisters and the issue of any deceased brother or sister per stirpes.
AB75,1594,1716
(f) (intro.) If there is no surviving spouse,
surviving domestic partner, issue,
17parent
, or issue of a parent, to the grandparents and their issue as follows:
AB75, s. 3248
18Section
3248. 852.09 of the statutes is amended to read:
AB75,1594,22
19852.09 Assignment of home to surviving spouse or surviving domestic
20partner. If the intestate estate includes an interest in a home, assignment of that
21interest to the surviving spouse
or surviving domestic partner is governed by s.
22861.21.
AB75, s. 3249
23Section
3249. 853.11 (2m) and (3) of the statutes are amended to read:
AB75,1595,224
853.11
(2m) Premarital or predomestic partnership will. Entitlements of a
25surviving spouse
or surviving domestic partner under a decedent's will that was
1executed before marriage to the surviving spouse
or before recording of the domestic
2partnership under ch. 770 are governed by s. 853.12.
AB75,1595,4
3(3) Transfer to former spouse or former domestic partner. A transfer under
4a will to a former spouse
or former domestic partner is governed by s. 854.15.
AB75, s. 3250
5Section
3250. 853.12 (title) of the statutes is amended to read:
AB75,1595,6
6853.12 (title)
Premarital will or predomestic partnership will.
AB75, s. 3251
7Section
3251. 853.12 (1), (2) (intro.) and (a), (3) (a) and (b) and (4) (a) of the
8statutes are amended to read:
AB75,1595,139
853.12
(1) Entitlement of surviving spouse
or surviving domestic partner. 10Subject to sub. (3), if the testator married the surviving spouse
or recorded a domestic
11partnership under ch. 770 with the surviving domestic partner after the testator
12executed his or her will, the surviving spouse
or surviving domestic partner is
13entitled to a share of the probate estate.
AB75,1595,18
14(2) Value of share. (intro.) The value of the share under sub. (1) is the value
15of the share that the surviving spouse
or surviving domestic partner would have
16received had the testator died with an intestate estate equal to the value of the
17testator's net estate, but the value of the net estate shall first be reduced by the value
18of all of the following:
AB75,1595,2219
(a) All devises to or for the benefit of the testator's children who were born
20before the marriage to the surviving spouse
or the domestic partnership with the
21surviving domestic partner and who are not also the children of the surviving spouse
22or surviving domestic partner.
AB75,1595,25
23(3) (a) It appears from the will or other evidence that the will was made in
24contemplation of the testator's marriage to the surviving spouse
or domestic
25partnership with the surviving domestic partner.
AB75,1596,4
1(b) It appears from the will or other evidence that the will is intended to be
2effective notwithstanding any subsequent marriage
or domestic partnership, or
3there is sufficient evidence that the testator considered revising the will after
4marriage
or domestic partnership but decided not to.
AB75,1596,6
5(4) (a) Amounts received by the surviving spouse under s. 861.02 and devises
6made by will to the surviving spouse
or surviving domestic partner are applied first.
AB75, s. 3252
7Section
3252. 854.15 (title) of the statutes is amended to read:
AB75,1596,9
8854.15 (title)
Revocation of provisions in favor of former spouse or
9former domestic partner.
AB75, s. 3253
10Section
3253. 854.15 (1) (b) of the statutes is renumbered 854.15 (1) (b) (intro.)
11and amended to read:
AB75,1596,1312
854.15
(1) (b) (intro.) "Divorce, annulment or similar event" means any
of the
13following:
AB75,1596,15
141. A divorce,
any annulment
, or
any other event or proceeding that would
15exclude a spouse as a surviving spouse under s. 851.30.
AB75, s. 3254
16Section
3254. 854.15 (1) (b) 2. of the statutes is created to read:
AB75,1596,1917
854.15
(1) (b) 2. A termination of a domestic partnership or other event or
18proceeding that would exclude a person as a surviving domestic partner under s.
19851.295.
AB75, s. 3255
20Section
3255. 854.15 (1) (c) of the statutes is amended to read:
AB75,1596,2321
854.15
(1) (c) "Former spouse" means a person whose marriage to the decedent
22or domestic partnership with the decedent has been the subject of a divorce,
23annulment or similar event.
AB75, s. 3256
24Section
3256. 854.15 (5) (am) 5. of the statutes is amended to read:
AB75,1597,2
1854.15
(5) (am) 5. The decedent and the former spouse have remarried
or
2entered into a new domestic partnership before the death of the decedent.
AB75, s. 3257
3Section
3257. 859.25 (1) (g) of the statutes is amended to read:
AB75,1597,54
859.25
(1) (g) Property assigned to the surviving spouse
or surviving domestic
5partner under s. 861.41.
AB75, s. 3258
6Section
3258. 861.21 (title) of the statutes is amended to read:
AB75,1597,8
7861.21 (title)
Assignment of home to surviving spouse or surviving
8domestic partner.
AB75, s. 3259
9Section
3259. 861.21 (1) (b) of the statutes is amended to read:
AB75,1597,1910
861.21
(1) (b) "Home" means any dwelling in which the decedent had an
11interest and that at the time of the decedent's death the surviving spouse
or surviving
12domestic partner occupies or intends to occupy. If there are several such dwellings,
13any one may be designated by the surviving spouse
or surviving domestic partner.
14"Home" includes a house, a mobile home, a manufactured home, a duplex or multiple
15apartment building one unit of which is occupied by the surviving spouse
or
16surviving domestic partner and a building used in part for a dwelling and in part for
17commercial or business purposes. "Home" includes all of the surrounding land,
18unless the court sets off part of the land as severable from the remaining land under
19sub. (5).
AB75, s. 3260
20Section
3260. 861.21 (2), (4) and (5) of the statutes are amended to read:
AB75,1598,421
861.21
(2) Decedent's property interest in home. Subject to subs. (4) and (5),
22if a married
or domestic partnership decedent has a property interest in a home, the
23decedent's entire interest in the home shall be assigned to the surviving spouse
or
24surviving domestic partner if the surviving spouse
or surviving domestic partner 25petitions the court requesting such a distribution and if a governing instrument does
1not provide a specific transfer of the decedent's interest in the home to someone other
2than the surviving spouse
or surviving domestic partner. The surviving spouse
or
3surviving domestic partner shall file the petition within 6 months after the
4decedent's death, unless the court extends the time for filing.
AB75,1598,14
5(4) Payment by surviving spouse or surviving domestic partner. The court
6shall assign the interest in the home under sub. (2) to the surviving spouse
or
7surviving domestic partner upon payment of the value of the decedent's interest in
8the home that does not pass to the surviving spouse
or surviving domestic partner 9under intestacy or under a governing instrument. Payment shall be made to the
10fiduciary holding title to the interest. The surviving spouse
or surviving domestic
11partner may use assets due him or her from the fiduciary to satisfy all or part of the
12payment in kind. Unless the court extends the time, the surviving spouse
or
13surviving domestic partner shall have one year from the decedent's death to pay the
14value of the assigned interest.
AB75,1598,21
15(5) Severance of home from surrounding land. On petition of the surviving
16spouse
or surviving domestic partner or of any interested person that part of the land
17is not necessary for dwelling purposes and that it would be inappropriate to assign
18all of the surrounding land as the home under sub. (2), the court may set off for the
19home as much of the land as is necessary for a dwelling. In determining how much
20land should be set off, the court shall take into account the use and marketability of
21the parcels set off as the home and the remaining land.
AB75, s. 3261
22Section
3261. 861.31 (1m), (2) and (4) (intro.) and (b) of the statutes are
23amended to read:
AB75,1599,524
861.31
(1m) The court may, without notice or on such notice as the court
25directs, order payment by the personal representative or special administrator of an
1allowance as the court determines necessary or appropriate for the support of the
2surviving spouse
or surviving domestic partner and any minor children of the
3decedent during the administration of the estate. The court shall consider the size
4of the probate estate, other resources available for support, the existing standard of
5living, and any other factors it considers relevant.
AB75,1599,12
6(2) The court may order that an allowance be made to the spouse
or surviving
7domestic partner for support of the spouse
or surviving domestic partner and any
8minor children of the decedent, or that separate allowances be made to the spouse
9or surviving domestic partner and to the minor children of the decedent or their
10guardian, if any, if the court finds separate allowances advisable. If there is no
11surviving spouse
or surviving domestic partner, the court may order that an
12allowance be made to the minor children of the decedent or to their guardian, if any.
AB75,1599,19
13(4) (intro.) The court may order that the allowance be charged against income
14or principal, either as an advance or otherwise, but the court may not order that an
15allowance for support of minor children of the decedent be charged against the
16income or principal interest of the surviving spouse
or surviving domestic partner.
17The court may order that the allowance for support of the surviving spouse
or
18surviving domestic partner, not including any allowance for support of minor
19children of the decedent, be applied in satisfaction of any of the following:
AB75,1599,2120
(b) Any right of the surviving spouse
or surviving domestic partner to elect
21under s. 861.02.
AB75, s. 3262
22Section
3262. 861.33 (title) of the statutes is amended to read:
AB75,1599,24
23861.33 (title)
Selection of personalty by surviving spouse or surviving
24domestic partner.
AB75, s. 3263
1Section
3263. 861.33 (1) (a) (intro.) and 1. and (b) of the statutes are amended
2to read:
AB75,1600,63
861.33
(1) (a) (intro.) Subject to this section, in addition to all allowances and
4distributions, the surviving spouse
or surviving domestic partner may file with the
5court a written selection of the following personal property, which shall then be
6transferred to the spouse
or domestic partner by the personal representative:
AB75,1600,87
1. Wearing apparel and jewelry held for personal use by the decedent or the
8surviving spouse
or surviving domestic partner;
AB75,1600,149
(b) The selection in par. (a) may not include items specifically bequeathed
10except that the surviving spouse
or surviving domestic partner may in every case
11select the normal household furniture, furnishings, and appliances necessary to
12maintain the home. For this purpose antiques, family heirlooms, and collections that
13are specifically bequeathed are not classifiable as normal household furniture or
14furnishings.
AB75, s. 3264
15Section
3264. 861.35 (title) of the statutes is amended to read:
AB75,1600,17
16861.35 (title)
Special allowance for support of spouse or domestic
17partner and support and education of minor children.