Wisconsin Legislature: 27,7185

27,7174 Section 7174 . 814.63 (5) (b) of the statutes is renumbered 814.63 (5).

27,7175d Section 7175d. 814.634 (1) of the statutes is renumbered 814.634 (1) (a) and amended to read:

814.634 (1) (a) 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 $20 $40 court support services 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) (a) or (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The court support services fee is in addition to the other fees listed in this subsection.

27,7175f Section 7175f. 814.634 (1) (b) of the statutes is created to read:

814.634 (1) (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $100 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

27,7175h Section 7175h. 814.634 (1) (c) of the statutes is created to read:

814.634 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $30 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

27,7175k Section 7175k. 814.634 (1) (d) of the statutes is created to read:

814.634 (1) (d) The court support services fee is in addition to the other fees listed in this subsection.

27,7176 Section 7176 . 814.635 (title) of the statutes is amended to read:

814.635 (title) Fee for automation Justice information system fee and special prosecution clerks fee.

27,7177 Section 7177 . 814.635 (1) of the statutes is amended to read:

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 $3 court automation $5 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) (a) or (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The court automation justice information system fee is in addition to the other fees listed in this subsection section.

27,7177d Section 7177d. 814.635 (1m) of the statutes is created to read:

814.635 (1m) Beginning October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a fee under sub. (1), he or she shall also charge and collect a $2 special prosecution clerks fee. The special prosecution clerks fee is in addition to the other fees listed in sub. (1).

27,7177m Section 7177m. 814.635 (2) of the statutes is amended to read:

814.635 (2) The clerk shall pay the moneys collected under sub. subs. (1) and (1m) to the county treasurer under s. 59.395 (5). The county treasurer shall pay those moneys to the state treasurer under s. 59.20 (11).

27,7178 Section 7178 . 814.66 (1) (h) of the statutes is renumbered 814.66 (1) (h) 1. and amended to read:

814.66 (1) (h) 1. For Except as provided in subd. 2., for copies, certified or otherwise, of records or other papers in the custody and charge of registers in probate, or for the comparison and attestation of copies not provided by the registers, $1 per page.

27,7179 Section 7179 . 814.66 (1) (h) 2. of the statutes is created to read:

814.66 (1) (h) 2. For copies of any court document requested by the state public defender, other than a transcript, a fee equal to the actual, necessary and direct costs of copying.

27,7180 Section 7180 . 814.67 (1) (bg) of the statutes is created to read:

814.67 (1) (bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 per one-half day.

27,7181 Section 7181 . 814.69 of the statutes is renumbered 814.69 (1) and 814.69 (1) (b), as renumbered, is amended to read:

814.69 (1) (b) For a transcript under s. 757.57 (5), a fee from the party requesting the transcript at the rate of $1.75 per 25-line page for the original and 60 cents per 25-line page for each copy. If the request is by the state or any political subdivision thereof, the fees of the reporter shall be at the rates provided in sub. (1) par. (a).

27,7182 Section 7182 . 814.69 (2) of the statutes is created to read:

814.69 (2) Any fees collected by a court reporter whose court reporter equipment is purchased by the state under s. 758.19 (4m) shall be deposited in the state treasury and credited to the general fund.

27,7184 Section 7184 . 814.70 (6) of the statutes is renumbered 814.70 (6) (a) and amended to read:

814.70 (6) (a) Copies. Making Except as provided in par. (b), making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when required by law or demanded by a party, and if not furnished by a party to the action or attorney, $1 per page.

27,7185 Section 7185 . 814.70 (6) (b) of the statutes is created to read:

814.70 (6) (b) Making a copy of any bond, undertaking, summons, writ, complaint or other paper served or taken, when requested by the state public defender, a fee equal to the actual, necessary and direct costs of copying.

27,7186 Section 7186 . 815.18 (13) (a) of the statutes is amended to read:

815.18 (13) (a) Assistance benefits exempt under s. 49.41 49.96.

27,7187 Section 7187 . 851.72 (2) of the statutes is amended to read:

851.72 (2) Keep a court record of every proceeding in the court under chs. 851 to 880 under its proper title, a brief statement of the nature of the proceeding and of all papers filed therein, with the date of filing and a reference to where minute records can be found or to the microfilm or optical disk or electronic file where papers have been stored so that the court record is a complete index or brief history of each proceeding from beginning to final disposition.

27,7188 Section 7188 . 851.72 (5) of the statutes is amended to read:

851.72 (5) Keep an alphabetical index to the court record and the file containing the original documents or microfilm, or optical disk, or electronic copies thereof.

27,7189 Section 7189 . 853.09 (2) of the statutes is amended to read:

853.09 (2) Duty of register in probate. The register in probate shall issue a receipt for the deposit of the will and shall maintain a registry of all wills deposited. The original will, unless withdrawn under sub. (3) or opened in accordance with s. 856.03 after death of the testator, shall be kept on file for the period provided in SCR chapter 72; thereafter the register may either retain the original will or open the envelope, copy or reproduce the will for confidential record storage purposes by microfilm, optical disk, electronic format or other method of comparable retrievability and destroy the original. If satisfactorily identified, the reproduction is admissible in court for probate or any other purpose the same as the original document. Wills deposited with the county judge under s. 238.15, 1967 stats., shall be transferred to the register in probate and become subject to this section.

27,7190 Section 7190 . 859.02 (2) (a) of the statutes is amended to read:

859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment compensation contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 49.496 or a claim of the United States; or

27,7190b Section 7190b. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7190, is amended to read:

27,7190bm Section 7190bm. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7190 and 7190b, is amended to read:

27,7190c Section 7190c. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7190, 7190b and 7190bm, is amended to read:

27,7191b Section 7191b. 859.07 (2) of the statutes is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).

27,7191bm Section 7191bm. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7191b, is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).

27,7191c Section 7191c. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7191b and 7191bm, is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g) 49.001 (6).

27,7193b Section 7193b. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7193bm Section 7193bm. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7193b, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7193c Section 7193c. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7193b and 7193bm, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7194b Section 7194b. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7194bm Section 7194bm. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7194b, is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7194c Section 7194c. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7194b and 7194bm, is amended to read:

867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7195b Section 7195b. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7195bm Section 7195bm. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7195b, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7195c Section 7195c. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7195b and 7195bm, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7196 Section 7196 . 867.02 (2) (g) of the statutes is amended to read:

867.02 (2) (g) Order. If the court is satisfied that the estate may be settled by this section, after filing of the petition and proof of the will and after 30 days have elapsed since publication under par. (d), it shall decide all claims and assign the property to the creditors and persons interested who are entitled to it. The assignment shall be subject to the unknown rights of creditors or persons interested in the estate as limited in sub. (4). The court shall order any person indebted to or holding money or other property of the decedent to pay the indebtedness or deliver the property to the persons found to be entitled to receive it. It shall order the transfer of interests in real estate, stocks or bonds registered in the name of the decedent, the title of a licensed motor vehicle or any other form of property. If the decedent immediately prior to death had an estate for life or an interest as a joint tenant in any property in regard to which a certificate of termination under s. 867.04 has not been issued, the order shall set forth the termination of the life estate or the right of survivorship of any joint tenant. Every tract of real property in which an interest is assigned or terminated or which is security for a debt in which an interest is assigned or terminated shall be specifically described.

27,7197b Section 7197b. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7197bm Section 7197bm. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7197b, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7197c Section 7197c. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7197b and 7197bm, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7198b Section 7198b. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

27,7198bm Section 7198bm. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7198b, is amended to read:

867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

27,7198c Section 7198c. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7198b and 7198bm, is amended to read:

867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

27,7199b Section 7199b. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485 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 files the affidavit.

27,7199bm Section 7199bm. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7199b, is amended to read:

867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 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 files the affidavit.