867.01 (1) (b) Whenever the estate, less the amount of the debts for which any property in the estate is security, does not exceed $50,000 in value and the decedent is survived by a spouse or domestic partner, or one or more minor children or both.
(3) (f) Order. If the court is satisfied that the estate may be settled under this section, after 30 days have elapsed since notice to the department of health services under par. (d), if that notice is required, the court shall assign the property to the persons entitled to it. If the estate may be settled under sub. (1) (b), any property not otherwise assigned shall be assigned to the surviving spouse or surviving domestic partner, or minor children or both as an allowance under s. 861.31. 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. The court 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 in accordance with s. 867.04 has not been issued, the order shall set forth the termination of that 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.
SECTION 122. 895.04 (2) and (6) of the statutes are amended to read:
895.04 (2) If the deceased leaves surviving a spouse or domestic partner under ch. 770, and minor children under 18 years of age with whose support the deceased was legally charged, the court before whom the action is pending, or if no action is pending, any court of record, in recognition of the duty and responsibility of a parent to support minor children, shall determine the amount, if any, to be set aside for the protection of such children after considering the age of such children, the amount involved, the capacity and integrity of the surviving spouse or surviving domestic partner, and any other facts or information it may have or receive, and such amount may be impressed by creation of an appropriate lien in favor of such children or otherwise protected as circumstances may warrant, but such amount shall not be in excess of 50% of the net amount received after deduction of costs of collection. If there are no such surviving minor children, the amount recovered shall belong and be paid to the spouse or domestic partner of the deceased; if no spouse or domestic partner survives, to the deceased's lineal heirs as determined by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any such relative dies before judgment in the action, the relative next in order shall be entitled to recover for the wrongful death. A surviving nonresident alien spouse or a nonresident alien domestic partner under ch. 770 and minor children shall be entitled to the benefits of this section. In cases subject to s. 102.29 this subsection shall apply only to the surviving spouse's or surviving domestic partner's interest in the amount recovered. If the amount allocated to any child under this subsection is less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death cases in which the deceased leaves minor children under 18 years of age shall be void unless approved by a court of record authorized to act hereunder.
(6) Where the wrongful death of a person creates a cause of action in favor of the decedent's estate and also a cause of action in favor of a spouse, domestic partner under ch. 770, or relatives as provided in this section, such spouse, domestic partner, or relatives may waive and satisfy the estate's cause of action in connection with or as part of a settlement and discharge of the cause of action of the spouse, domestic partner, or relatives.
SECTION 123. 905.05 (title) of the statutes is amended to read:
905.05 (title) Husband-wife and domestic partner privilege.
SECTION 124. 905.05 (1), (2) and (3) (a), (b), (c) and (d) of the statutes are amended to read:
905.05 (1) GENERAL RULE OF PRIVILEGE. A person has a privilege to prevent the person's spouse or former spouse or domestic partner or former domestic partner from testifying against the person as to any private communication by one to the other made during their marriage or domestic partnership. As used in this section, "domestic partner" means a domestic partner under ch. 770.
(2) WHO MAY CLAIM THE PRIVILEGE. The privilege may be claimed by the person or by the spouse or domestic partner on the person's behalf. The authority of the spouse or domestic partner to do so is presumed in the absence of evidence to the contrary.
(3) (a) If both spouses or former spouses or domestic partners or former domestic partners are parties to the action.
(b) In proceedings in which one spouse or former spouse or domestic partner or former domestic partner is charged with a crime against the person or property of the other or of a child of either, or with a crime against the person or property of a 3rd person committed in the course of committing a crime against the other.
(c) In proceedings in which a spouse or former spouse or domestic partner or former domestic partner is charged with a crime of pandering or prostitution.
(d) If one spouse or former spouse or domestic partner or former domestic partner has acted as the agent of the other and the private communication relates to matters within the scope of the agency.
SECTION 125. 949.01 (2) of the statutes is amended to read:
949.01 (2) "Dependent" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, brother, sister, half brother, half sister, or parent of spouse or of domestic partner under ch. 770, of a deceased victim who was wholly or partially dependent upon the victim's income at the time of the victim's death and includes any child of the victim born after the victim's death.
SECTION 126. 949.06 (1m) (a) of the statutes is amended to read:
949.06 (1m) (a) In this subsection, "family member" means any spouse, domestic partner under ch. 770, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of domestic partner under ch. 770.
SECTION 127. 971.17 (4m) (a) 2. of the statutes is amended to read:
971.17 (4m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
SECTION 128. 971.17 (6m) (a) 2. of the statutes is amended to read:
971.17 (6m) (a) 2. "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
SECTION 129. 980.11 (1) (b) of the statutes is amended to read:
980.11 (1) (b) "Member of the family" means spouse, domestic partner under ch. 770, child, sibling, parent or legal guardian.
SECTION 9315. Initial applicability; Employee Trust Funds.
(1) DOMESTIC PARTNER BENEFITS FOR STATE EMPLOYEES AND ANNUITANTS. The treatment of section 40.02 (20), (21c), and (21d) of the statutes first applies to coverage under group insurance plans offered by the group insurance board on January 1, 2011.
SECTION 9343. Initial applicability; Revenue.
(1) REAL ESTATE TRANSFER FEE. The treatment of sections 77.25 (8n) of the statutes first applies to conveyances recorded on the effective date of this subsection.
(End)
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2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0330 - Payments to the Lac du Flambeau
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Natural resources
Fish, game, and wildlife
Under current law, DNR and the Lac du Flambeau band of the Lake Superior Chippewa (band) have in effect an agreement under which the band agrees to limit its treaty-based, off-reservation rights to fish, in exchange for the band being able to issue DNR fishing licenses and stamps as an agent of DNR. The band may retain all of the fees that the band collects for these fishing licenses and stamps.
For licenses and stamps not issued by the band but issued by other DNR agents within the boundary of the band's reservation, current law authorizes, but does not require, DNR to make an annual payment to the band that equals what the band would receive if it had issued those licenses and stamps (reimbursement amount). In addition to this payment, DNR currently makes a mandatory annual payment of $50,000, which must be used for fishery management on the reservation. Both of these payments come from an appropriation that contains certain moneys received by the state pursuant to Indian gaming compacts. If the amount available from the appropriated gaming revenues (appropriated amount), after making the mandatory payment, is less than the reimbursement amount, the remaining reimbursement amount is paid to the band from separate moneys appropriated from the conservation fund.
Under the bill, DNR is required to pay the reimbursement amount in a fiscal year and if the amount calculated as the reimbursement amount is less than the appropriated amount, DNR must pay to the band all of those gaming revenues appropriated for that fiscal year. If the reimbursement amount is more than the appropriated amount, DNR must pay to the band the appropriated amount, and the remainder of the reimbursement amount is paid to the band from separate moneys appropriated from the conservation fund. The bill repeals the requirement to make annual payments of $50,000. The bill also requires that the reimbursement amount be used for fishery management on the reservation.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (9) (hk) of the statutes is amended to read:
20.370 (9) (hk) Approval fees to Lac du Flambeau band-service funds. From the general fund, the amounts in the schedule for the purpose of making payments to the Lac du Flambeau band of the Lake Superior Chippewa under s. 29.2295 (4) (a) and (4m). All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 8r. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
SECTION 2. 29.2295 (4) (a) of the statutes is amended to read:
29.2295 (4) (a) Annually For each fiscal year, the department may shall pay to the band an amount for the issuance of the approvals specified in sub. (2) (a) to (L) within the reservation.
SECTION 3. 29.2295 (4) (am) of the statutes is created to read:
29.2295 (4) (am) The payment under par. (a) shall be equal to the amount appropriated for that fiscal year under s. 20.370 (9) (hk) or the amount calculated under par. (b), whichever is greater.
SECTION 4. 29.2295 (4) (b) (intro.) of the statutes is repealed and recreated to read:
29.2295 (4) (b) (intro.) For purposes of par. (am), the calculated amount shall be the sum of the following:
SECTION 5. 29.2295 (4) (b) 1. of the statutes is amended to read:
29.2295 (4) (b) 1. The amount in fees received by the department from the issuance of the approvals specified in sub. (2) (a) to (j) during the preceding fiscal year by issuing agents other than the band at locations within the reservation.
SECTION 6. 29.2295 (4) (b) 2. of the statutes is amended to read:
29.2295 (4) (b) 2. An amount calculated by multiplying the number of resident and nonresident sports licenses issued during the preceding fiscal year by issuing agents other than the band at locations within the reservation by the amount of the fee for an annual fishing license, including the portion of the issuing fee for an annual fishing license that the department receives.
SECTION 7. 29.2295 (4) (c) 1. of the statutes is amended to read:
29.2295 (4) (c) 1. The Subject to subd. 2., the department shall make the payments payment under this subsection par. (a) from the appropriation under s. 20.370 (9) (hk).
SECTION 8. 29.2295 (4) (c) 2. of the statutes is repealed and recreated to read:
29.2295 (4) (c) 2. If the amount calculated under par. (b) for a fiscal year exceeds the amount appropriated under s. 20.370 (9) (hk) for that fiscal year, the department shall make a payment from the appropriation under s. 20.370 (9) (ht) to the band that equals the difference between the 2 amounts.
SECTION 9. 29.2295 (4m) of the statutes is repealed.
SECTION 10. 29.2295 (5) (b) of the statutes is amended to read:
29.2295 (5) (b) A requirement that the fees collected and retained by the band under sub. (3) and the payments received under sub. (4) be used only for fishery management within the reservation.
(End)
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RNK:cjs:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0326 - Boating fee increases
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Navigable waters
Under current law, no person may operate a boat in the waters of this state unless the boat is covered by a certificate of number and a registration or the boat is exempt from those requirements. The fee for the issuance or renewal of a certificate of number varies and is generally based upon the size of the boat. This bill increases the certificate of number issuance and renewal fees for most boats other than nonmotorized sailboats.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 30.52 (3) (b) of the statutes is amended to read:
30.52 (3) (b) Fee for boats under 16 feet. The fee for the issuance or renewal of a certificate of number for a boat less than 16 feet in length is $19 $25.
SECTION 2. 30.52 (3) (c) of the statutes is amended to read:
30.52 (3) (c) Fee for boats 16 feet or more but less than 26 feet. The fee for the issuance or renewal of a certificate of number for a boat 16 feet or more but less than 26 feet in length is $28 $35.
SECTION 3. 30.52 (3) (d) of the statutes is amended to read:
30.52 (3) (d) Fee for boats 26 feet or more but less than 40 feet. The fee for the issuance or renewal of a certificate of number for a boat 26 feet or more but less than 40 feet in length is $52 $62.
SECTION 4. 30.52 (3) (e) of the statutes is amended to read:
30.52 (3) (e) Fee for boats 40 feet or longer. The fee for the issuance or renewal of a certificate of number for a boat 40 feet or more in length is $86 $99.
(End)
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RNK:cjs:rs
2009 - 2010 LEGISLATURE
DOA:......Wavrunek, BB0327 - Elk license fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
