AB100, s. 5158
10Section
5158. 778.26 (5) of the statutes is amended to read:
AB100,1916,2011
778.26
(5) Except as provided by sub. (6), a person receiving a deposit shall
12prepare a receipt in triplicate showing the purpose for which the deposit is made,
13stating that the defendant may inquire at the office of the clerk of the circuit court
14regarding the disposition of the deposit, and notifying the defendant that if he or she
15fails to appear in court at the time specified in the citation he or she shall be
16considered to have tendered a plea of no contest and submitted to a forfeiture,
17penalty assessment
and, jail assessment
and crime laboratories assessment plus
18costs not to exceed the amount of the deposit and that the court may accept the plea.
19The original of the receipt shall be delivered to the defendant in person or by mail.
20If the defendant pays by check, the canceled check is the receipt.
AB100, s. 5159
21Section
5159. 778.26 (6) of the statutes is amended to read:
AB100,1917,422
778.26
(6) The person receiving a deposit and stipulation of no contest shall
23prepare a receipt in triplicate showing the purpose for which the deposit is made,
24stating that the defendant may inquire at the office of the clerk of the circuit court
25regarding the disposition of the deposit, and notifying the defendant that if the
1stipulation of no contest is accepted by the court the defendant will be considered to
2have submitted to a forfeiture, penalty assessment
and
, jail assessment
and crime
3laboratories assessment plus costs not to exceed the amount of the deposit. Delivery
4of the receipt shall be made in the same manner as provided in sub. (5).
AB100, s. 5160
5Section
5160. 778.26 (7) (b) of the statutes is amended to read:
AB100,1917,196
778.26
(7) (b) If the defendant has made a deposit, the citation may serve as
7the initial pleading and the defendant shall be considered to have tendered a plea
8of no contest and submitted to a forfeiture, penalty assessment
and, jail assessment
9and crime laboratories assessment plus costs not to exceed the amount of the deposit.
10The court may either accept the plea of no contest and enter judgment accordingly,
11or reject the plea and issue a summons. If the defendant fails to appear in response
12to the summons, the court shall issue an arrest warrant. If the court accepts the plea
13of no contest, the defendant may, within 90 days after the date set for appearance,
14move to withdraw the plea of no contest, open the judgment and enter a plea of not
15guilty if the defendant shows to the satisfaction of the court that failure to appear
16was due to mistake, inadvertence, surprise or excusable neglect. If a defendant is
17relieved from the plea of no contest, the court may order a written complaint or
18petition to be filed. If on reopening the defendant is found not guilty, the court shall
19delete the record of conviction and shall order the defendant's deposit returned.
AB100, s. 5161
20Section
5161. 778.26 (7) (c) of the statutes is amended to read:
AB100,1918,621
778.26
(7) (c) If the defendant has made a deposit and stipulation of no contest,
22the citation serves as the initial pleading and the defendant shall be considered to
23have tendered a plea of no contest and submitted to a forfeiture, penalty assessment
24and, jail assessment
and crime laboratories assessment plus costs not to exceed the
25amount of the deposit. The court may either accept the plea of no contest and enter
1judgment accordingly, or reject the plea and issue a summons or an arrest warrant.
2After signing a stipulation of no contest, the defendant may, at any time prior to or
3at the time of the court appearance date, move the court for relief from the effect of
4the stipulation. The court may act on the motion, with or without notice, for cause
5shown by affidavit and upon just terms, and relieve the defendant from the
6stipulation and the effects of the stipulation.
AB100, s. 5162
7Section
5162. 778.26 (9) of the statutes is amended to read:
AB100,1918,148
778.26
(9) An officer who collects a forfeiture, penalty assessment, jail
9assessment
and crime laboratories assessment and costs under this section shall pay
10the money to the county treasurer within 20 days after its receipt. If the officer fails
11to make timely payment, the county treasurer may collect the payment from the
12officer by an action in the treasurer's name of office and upon the official bond of the
13officer, with interest at the rate of 12% per year from the time when it should have
14been paid.
AB100, s. 5163
15Section
5163. 779.01 (4) of the statutes is amended to read:
AB100,1919,716
779.01
(4) Priority of construction lien. The lien provided in sub. (3) shall
17be prior to any lien which originates subsequent to the visible commencement in
18place of the work of improvement, except as otherwise provided by ss. 215.21 (4) (a),
19292.31 (8) (i)
, 144.77 292.41 (6) (d), 292.81 and 706.11 (1). When new construction
20is the principal improvement involved, commencement is deemed to occur no earlier
21than the beginning of substantial excavation for the foundations, footings or base of
22the new construction, except where the new construction is to be added to a
23substantial existing structure, in which case the commencement is the time of the
24beginning of substantial excavation or the time of the beginning of substantial
25preparation of the existing structure to receive the added new construction,
1whichever is earlier. The lien also shall be prior to any unrecorded mortgage given
2prior to the commencement of the work of improvement, if the lien claimant has no
3actual notice of the mortgage before the commencement. Lien claimants who
4perform work or procure its performance or furnish any labor or materials or plans
5or specifications for an improvement prior to the visible commencement of the work
6of improvement shall have lien rights, but shall have only the priority accorded to
7other lien claimants.
AB100, s. 5164
8Section
5164. 779.35 of the statutes is amended to read:
AB100,1919,23
9779.35 Mining liens. Any person who shall perform any labor or services for
10any person or corporation engaged in or organized for the purpose of mining,
11smelting or manufacturing iron, copper, silver or other ores or minerals, and any
12bona fide holder of any draft, time check or order for the payment of money due for
13any such labor, issued or drawn by any such person or corporation, shall have a lien
14for the wages due for the amount due on such draft, check or order upon all the
15personal property connected with such mining, smelting or manufacturing industry
16belonging to such person or corporation, including the ores or products of such mine
17or manufactory, together with the machinery and other personal property used in the
18operation of such mine or manufactory and all the interest of such person or
19corporation in any real estate belonging thereto and connected with such business,
20which said lien shall take precedence of all other debts, judgments, decrees, liens or
21mortgages against such person or corporation, except liens accruing for taxes, fines
22or penalties and liens under ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81, subject to the
23exceptions and limitations hereinafter set forth.
AB100, s. 5165
24Section
5165. 779.40 (1) of the statutes is amended to read:
AB100,1920,13
1779.40
(1) Any person who shall perform any labor for an employer not the
2owner of the real estate, engaged in quarrying, crushing, cutting or otherwise
3preparing stone for use or for manufacturing lime and any bona fide holder of any
4draft, time check or order for the payment of money due for any such labor issued by
5such employer, shall have a lien for wages owed and for the amount due on such draft,
6check or order upon the personal property connected with such industry owned by
7such employer, including interest in the product of such quarry or factory and
8machinery and other personal property used in the operation of such quarry or
9factory, and all interest in any lease of the real estate connected with such business,
10which lien shall take precedence of all other debts, judgments, decrees, liens or
11mortgages against such employer, except taxes, fines or penalties and mortgages or
12judgments recorded or entered before such labor is performed and except liens under
13ss. 292.31 (8) (i)
, 144.77 292.41 (6) (d) and 292.81.
AB100, s. 5166
14Section
5166. 800.02 (2) (a) 8. of the statutes is amended to read:
AB100,1920,2115
800.02
(2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
16in court at the time fixed in the citation, the defendant is deemed to have tendered
17a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
18and crime laboratories assessment and any applicable domestic abuse assessment
19plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of
20the deposit. The notice shall also state that the court may decide to summon the
21defendant rather than accept the deposit and plea.
AB100, s. 5167
22Section
5167. 800.02 (3) (a) 5. of the statutes is amended to read:
AB100,1921,423
800.02
(3) (a) 5. A plain and concise statement of the violation identifying the
24event or occurrence from which the violation arose and showing that the plaintiff is
25entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
1is based and a demand for a forfeiture, the amount of which shall not exceed the
2maximum set by the statute involved, the penalty assessment, the jail assessment,
3the crime laboratories assessment, any applicable domestic abuse assessment and
4such other relief that is sought by the plaintiff.
AB100, s. 5168
5Section
5168. 800.03 (3) of the statutes is amended to read:
AB100,1921,136
800.03
(3) The amount of the deposit shall be set by the municipal judge, but
7shall not be effective until approved by the governing body of the municipality. The
8amount shall not exceed the maximum penalty for the offense, including any penalty
9assessment that would be applicable under s. 165.87, any jail assessment that would
10be applicable under s. 302.46 (1)
, any crime laboratories assessment that would be
11applicable under s. 165.755 and any domestic abuse assessment that would be
12applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s.
13814.65 (1).
AB100, s. 5169
14Section
5169. 800.04 (2) (b) of the statutes is amended to read:
AB100,1922,615
800.04
(2) (b) If the municipal judge determines that the defendant should not
16be released under par. (a) and the defendant is charged with a traffic or boating
17violation, the municipal judge shall release the defendant on a deposit in the amount
18established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
19For other violations, the municipal judge shall establish a deposit in an amount not
20to exceed the maximum penalty for the offense, including any penalty assessment
21that would be applicable under s. 165.87, any jail assessment that would be
22applicable under s. 302.46 (1)
, any crime laboratories assessment that would be
23applicable under s. 165.755 and any domestic abuse assessment that would be
24applicable under s. 973.055 (1). If the judge in a 1st class city determines that a
25defendant appearing before the judge through interactive video and audio
1transmission should not be released under par. (a), the judge shall inform the
2defendant that he or she has the right to appear personally before a judge for a
3determination, not prejudiced by the first appearance, as to whether he or she should
4be released without a deposit. On failure of the defendant to make a deposit under
5this paragraph, he or she may be committed to jail pending trial only if the judge finds
6that there is a reasonable basis to believe the person will not appear in court.
AB100, s. 5170
7Section
5170. 800.04 (2) (c) of the statutes is amended to read:
AB100,1922,208
800.04
(2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
9and does not appear, he or she is deemed to have tendered a plea of no contest and
10submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment
11imposed by s. 302.46 (1)
, a crime laboratories assessment imposed by s. 165.755 and
12any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs,
13including the fee prescribed in s. 814.65 (1), not exceeding the amount of the deposit.
14The court may either accept the plea of no contest and enter judgment accordingly,
15or reject the plea and issue a summons. If the court finds that the violation meets
16the conditions in s. 800.093 (1), the court may summon the alleged violator into court
17to determine if restitution shall be ordered under s. 800.093. If the defendant fails
18to appear in response to the summons, the court shall issue a warrant under s.
19968.09. If the defendant has made a deposit but does appear, the court shall allow
20the defendant to withdraw the plea of no contest.
AB100, s. 5171
21Section
5171. 800.09 (1) (intro.) of the statutes is amended to read:
AB100,1923,622
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty it
23may render judgment by ordering restitution under s. 800.093 and payment of a
24forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
25by s. 302.46 (1)
, the crime laboratories assessment imposed by s. 165.755 and any
1applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs of
2prosecution, including the fee prescribed in s. 814.65 (1). The court shall apply any
3payment received on a judgment that includes restitution to first satisfy any
4payment of restitution ordered, then to pay the forfeiture, assessments and costs.
5If the judgment is not paid, the court may proceed under par. (a), (b) or (c) or any
6combination of those paragraphs, as follows:
AB100, s. 5172
7Section
5172. 800.09 (1) (a) of the statutes is amended to read:
AB100,1923,188
800.09
(1) (a) The court may defer payment of any judgment or provide for
9instalment payments. At the time the judgment is rendered, the court shall inform
10the defendant, orally and in writing, of the date by which restitution and the
11payment of the forfeiture, the penalty assessment, the jail assessment
, the crime
12laboratories assessment and any applicable domestic abuse assessment plus costs
13must be made, and of the possible consequences of failure to do so in timely fashion,
14including imprisonment, as provided in s. 800.095, or suspension of the defendant's
15motor vehicle operating privilege, as provided in par. (c), if applicable. If the
16defendant is not present, the court shall ensure that the information is sent to the
17defendant by mail. In 1st class cities, all of the written information required by this
18paragraph shall be printed in English and Spanish and provided to each defendant.
AB100, s. 5173
19Section
5173. 800.09 (2) (b) of the statutes is amended to read:
AB100,1924,820
800.09
(2) (b) If the person charged fails to appear personally or by an attorney
21at the time fixed for hearing of the case, the defendant may be deemed to have
22entered a plea of no contest and the money deposited, if any, or such portion thereof
23as the court determines to be an adequate penalty, plus the penalty assessment, the
24jail assessment
, the crime laboratories assessment and any applicable domestic
25abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), may be
1declared forfeited by the court or may be ordered applied upon the payment of any
2penalty which may be imposed, together with the penalty assessment, the jail
3assessment
, the crime laboratories assessment and any applicable domestic abuse
4assessment plus costs. If the court finds that the violation meets the conditions in
5s. 800.093 (1), the court may summon the alleged violator into court to determine if
6restitution shall be ordered under s. 800.093. Any money remaining after payment
7of any penalties, assessments, costs and restitution shall be refunded to the person
8who made the deposit.
AB100, s. 5174
9Section
5174. 800.12 (2) of the statutes is amended to read:
AB100,1924,1510
800.12
(2) A municipality may by ordinance provide that a municipal judge
11may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
12or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87
and, jail
13assessment under s. 302.46
and crime laboratories assessment under s. 165.755 and
14any applicable domestic abuse assessment under s. 973.055 (1), a jail sentence not
15to exceed 7 days.
AB100, s. 5175
16Section
5175. 801.50 (5) of the statutes is amended to read:
AB100,1924,2017
801.50
(5) Venue of an action to review a probation
, community supervision or
18parole revocation or a refusal of parole by certiorari shall be the county in which the
19relator was last convicted of an offense for which the relator was on probation
,
20community supervision or parole or for which the relator is currently incarcerated.
AB100, s. 5176
21Section
5176. 802.12 (3) (d) 1. of the statutes is amended to read:
AB100,1924,2322
802.12
(3) (d) 1. Custody and physical placement under s. 767.24
, 767.458 (3),
23767.51 (3) or 767.62 (4) (a).
AB100, s. 5177
24Section
5177. 802.12 (3) (d) 3. of the statutes is amended to read:
AB100,1925,2
1802.12
(3) (d) 3. Child support under s. 767.25
or s., 767.458 (3), 767.51
or
2767.62 (4) (a).
AB100, s. 5178
3Section
5178. 803.03 (2) (b) of the statutes is amended to read:
AB100,1925,214
803.03
(2) (b)
Options after joinder. Any party joined pursuant to par. (a) may
51. participate in the prosecution of the action, 2. agree to have his or her interest
6represented by the party who caused the joinder, or 3. move for dismissal with or
7without prejudice. If the party joined chooses to participate in the prosecution of the
8action, the party joined shall have an equal voice with other claimants in such
9prosecution.
If Except as provided in par. (bm), if the party joined chooses to have
10his or her interest represented by the party who caused the joinder, the party joined
11shall sign a written waiver of the right to participate which shall express consent to
12be bound by the judgment in the action. Such waiver shall become binding when filed
13with the court, but a party may withdraw the waiver upon timely motion to the judge
14to whom the case has been assigned with notice to the other parties. A party who
15represents the interest of another party and who obtains a judgment favorable to
16such other party may be awarded reasonable attorneys fees by the court. If the party
17joined moves for dismissal without prejudice as to his or her claim, the party shall
18demonstrate to the court that it would be unjust to require the party to prosecute the
19claim with the principal claim. In determining whether to grant the motion to
20dismiss, the court shall weigh the possible prejudice to the movant against the state's
21interest in economy of judicial effort.
AB100, s. 5179
22Section
5179. 803.03 (2) (bm) of the statutes is created to read:
AB100,1926,1023
803.03
(2) (bm)
Joinders because of implication of medical assistance. If the
24department of health and family services is joined as a plaintiff pursuant to par. (a)
25and s. 49.89 (2) because of the provision of benefits under subch. IV of ch. 49, the
1department of health and family services need not sign a waiver of the right to
2participate in order to have its interests represented by the party that caused the
3joinder. If the department of health and family services makes no selection under
4par. (b), the party causing the joinder shall represent the interests of the department
5of health and family services and the department of health and family services shall
6be bound by the judgment in the action. Regardless of whether the department of
7health and family services joins in prosecuting the claim, the portion of the proceeds
8of the claim that represents benefits paid under subch. IV of ch. 49 as a result of the
9occurrence of injury, sickness or death for which the claim arose shall be paid to the
10department of health and family services pursuant to s. 49.89 (5).
AB100, s. 5180
11Section
5180. 808.075 (4) (d) 9. of the statutes is amended to read:
AB100,1926,1312
808.075
(4) (d) 9. Enforcement of payments under s. 767.30
or, 767.51
or 767.62
13(4).
AB100, s. 5181
14Section
5181. 808.075 (4) (d) 10. of the statutes is amended to read:
AB100,1926,1615
808.075
(4) (d) 10. Enforcement of orders under s. 767.305
or, 767.51
or 767.62
16(4).
AB100, s. 5182
17Section
5182. 808.075 (4) (d) 11. of the statutes is amended to read:
AB100,1926,1918
808.075
(4) (d) 11. Enforcement or modification of assignments under s. 767.25
19(4m), 767.265
or, 767.51 (3m)
or 767.62 (4) (b) 3.
AB100, s. 5183
20Section
5183. 813.16 (7) of the statutes is amended to read:
AB100,1927,221
813.16
(7) If the person seeking the appointment of a receiver under sub. (1)
22is a corporation supervised by the division of savings
and loan institutions, home
23loan bank board, U.S. office of thrift supervision, federal deposit insurance
24corporation or resolution trust corporation, the court, unless the opposing party
1objects, shall appoint an officer of such corporation as receiver to act without
2compensation and to give such bond as the court requires.
AB100, s. 5184
3Section
5184. 814.03 (3) of the statutes is created to read:
AB100,1927,104
814.03
(3) Notwithstanding subs. (1) and (2), where the department of health
5and family services or a county is joined as a plaintiff pursuant to ss. 49.89 (2) and
6803.03 (2) (a) because of the provision of benefits under subch. IV of ch. 49, and where
7the interests of the department of health and family services or of the county are
8represented under s. 803.03 (2) (b) or (bm) by the party who caused the joinder, the
9department of health and family services or the county shall not be liable for costs
10to any prevailing defendant.
AB100, s. 5185
11Section
5185. 814.60 (2) (an) of the statutes is created to read:
AB100,1927,1212
814.60
(2) (an) Crime laboratories assessment imposed under s. 165.755.
AB100, s. 5186
13Section
5186. 814.60 (2) (cg) of the statutes is created to read:
AB100,1927,1414
814.60
(2) (cg) Enforcement assessment imposed by s. 253.06 (4) (c).
AB100, s. 5187
15Section
5187. 814.61 (12) (b) of the statutes, as affected by 1997 Wisconsin Act
16.... (this act), is repealed.
AB100, s. 5188
17Section
5188. 814.61 (12) (b) (intro.) of the statutes is amended to read:
AB100,1928,718
814.61
(12) (b)
Maintenance payments and support. (intro.) Except in counties
19that have designated a county support collection designee under s.
59.07 (97m) 59.53
20(5m), for receiving and disbursing money deposited as payment for maintenance
21payments, child support or family support payments, under interim or final orders
22in an action affecting the family, and for maintaining the records required under s.
2359.40 (2) (h), an annual fee of up to $25 to be paid by each party ordered to make
24payments. Except in counties that have designated a county support collection
25designee under s.
59.07 (97m) 59.53 (5m), the court shall order each party ordered
1to make payments to pay the annual fee under this paragraph at the time of, and in
2addition to, the first payment to the clerk in each year for which payments are
3ordered. At the time of ordering the payment of an annual fee under this paragraph,
4the court shall notify each party ordered to make payments of the requirement to pay
5the annual fee and of the amount of the annual fee. If the annual fee under this
6paragraph is not paid when due, the clerk may not deduct the annual fee from the
7maintenance or support payment, but:
AB100, s. 5189
8Section
5189. 814.61 (12) (cm) of the statutes is repealed.
AB100, s. 5190
9Section
5190. 814.612 of the statutes, as affected by 1997 Wisconsin Act ....
10(this act), is repealed.
AB100, s. 5191
11Section
5191. 814.612 (intro.) of the statutes is amended to read:
AB100,1929,2
12814.612 Fees of designee for receiving and disbursing support. (intro.)
13In a county that has designated a county support collection designee under s.
59.07
14(97m) 59.53 (5m), the support collection designee, for receiving and disbursing
15money deposited as payment for maintenance payments, child support or family
16support payments, under interim or final orders in an action affecting the family, and
17for maintaining the records required under s.
59.07 (97m) (b) 1. 59.53 (5m) (b) 1.,
18shall collect an annual fee of up to $25 to be paid by each party ordered to make
19payments. In such a county, the court shall order each party ordered to make
20payments to pay the annual fee under this section at the time of, and in addition to,
21the first payment to the support collection designee in each year for which payments
22are ordered. At the time of ordering the payment of an annual fee under this section,
23the court shall notify each party ordered to make payments of the requirement to pay
24the annual fee and of the amount of the annual fee. If the annual fee under this
1section is not paid when due, the support collection designee may not deduct the
2annual fee from the maintenance or support payment, but:
AB100, s. 5192
3Section
5192. 814.63 (3) (am) of the statutes is created to read:
AB100,1929,44
814.63
(3) (am) Crime laboratories assessment imposed under s. 165.755.
AB100, s. 5193
5Section
5193. 814.63 (3) (bg) of the statutes is created to read:
AB100,1929,66
814.60
(3) (bg) Enforcement assessment imposed by s. 253.06 (4) (c).
AB100, s. 5194
7Section
5194. 814.635 (1) of the statutes is amended to read:
AB100,1929,138
814.635
(1) Except for an action for a safety belt use violation under s. 347.48
9(2m), the clerk of circuit court shall charge and collect a
$5 $7 justice information
10system fee from any person, including any governmental unit as defined in s. 108.02
11(17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b)
12or 814.63 (1). The justice information system fee is in addition to the other fees listed
13in this section.
AB100, s. 5195
14Section
5195. 814.70 (9) (a) (intro.) of the statutes is amended to read:
AB100,1929,1815
814.70
(9) (a) (intro.) A fee of
$50
$150, of which
$25 $75 shall be prepaid and
16nonrefundable, for all necessary activities of the sheriff in connection with the sale
17of real estate by the sheriff or other officers, under any judgment or order of court,
18and making all the necessary papers and notices, including but not limited to:
AB100, s. 5196
19Section
5196. 815.19 (2) of the statutes is amended to read:
AB100,1930,220
815.19
(2) If the property seized is an automobile which is appraised and can
21be sold for more than $1,000 or if the property seized is a tractor used in farming
22operations which is appraised and can be sold for more than $1,500, the officer may
23sell such automobile or tractor and out of the proceeds of such sale the officer shall
24pay to the debtor or the debtor's spouse the exempted value of such automobile or
25tractor. The balance of the proceeds of such sale shall be applied on the execution or
1attachment.
This subsection does not apply to automobiles or tractors levied against
2under s. 49.854.
AB100, s. 5197
3Section
5197. 815.20 (1) of the statutes is amended to read:
AB100,1930,204
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
5resident owner and occupied by him or her shall be exempt from execution, from the
6lien of every judgment and from liability for the debts of the owner to the amount of
7$40,000, except mortgages, laborers', mechanics' and purchase money liens
, liens
8under s. 49.854 and taxes and except as otherwise provided. The exemption shall not
9be impaired by temporary removal with the intention to reoccupy the premises as a
10homestead nor by the sale of the homestead, but shall extend to the proceeds derived
11from the sale to an amount not exceeding $40,000, while held, with the intention to
12procure another homestead with the proceeds, for 2 years. The exemption extends
13to land owned by husband and wife jointly or in common or as marital property, and
14when they reside in the same household may be claimed by either or may be divided
15in any proportion between them, but the exemption may not exceed $40,000 for the
16household. If the husband and wife fail to agree on the division of exemption, the
17exemption shall be divided between them by the court in which the first judgment
18was taken. The exemption extends to the interest therein of tenants in common,
19having a homestead thereon with the consent of the cotenants, and to any estate less
20than a fee.
AB100, s. 5198
21Section
5198. 823.115 (1) of the statutes is amended to read:
AB100,1931,922
823.115
(1) If personal and real property are ordered sold under s. 823.114, and
23the real property is not released to the owner under s. 823.15, the plaintiff in the
24action under s. 823.113 shall sell the property at the highest available price. The city,
25town or village may sell the property at either a public or private sale. The proceeds
1of the sale shall be applied to the payment of the costs of the action and abatement
2and any liens on the property, and the balance, if any, paid as provided in sub. (2).
3The plaintiff may file a notice of the pendency of the action as in actions affecting the
4title to real estate and if the owner of the building or structure, or the owner of the
5land upon which the building or structure is located, is found guilty of the nuisance,
6the judgment for costs of the action not paid out of the proceeds of the sale of the
7property shall constitute a lien on the real estate prior to any other lien created after
8the filing of the lis pendens, except a lien under s. 292.31 (8) (i)
, 292.41 (6) (d) or
9292.81.
AB100, s. 5199
10Section
5199. 852.05 (2) of the statutes is amended to read:
AB100,1931,1411
852.05
(2) Property of a nonmarital child passes in accordance with s. 852.01
12except that the father or the father's kindred can inherit only if the father has been
13adjudicated to be the father in a paternity proceeding under ch. 767
or has been
14determined to be the father under s. 767.62 (1).
AB100, s. 5200
15Section
5200. 859.07 (2) of the statutes is amended to read:
AB100,1932,216
859.07
(2) If the decedent was at the time of death or at any time prior thereto
17a patient or inmate of any state or county hospital or institution or any person
18responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10,
1948.36
, 301.03 (18), 301.12 or 938.36 or if the decedent or the spouse of the decedent
20ever received medical assistance under subch. IV of ch. 49, long-term community
21support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the
22personal representative shall send notice in writing of the date set under s. 859.01
23by registered or certified mail to the department of health and family services or the
24department of corrections, as applicable, and the county clerk of the applicable
25county not less than 30 days before the date set under s. 859.01, upon such blanks
1and containing such information as the applicable department or county clerk may
2provide. The applicable county is the county of residence, as defined in s. 49.001 (6).
AB100, s. 5201
3Section
5201. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03
4(1g) (intro.), as renumbered, is amended to read:
AB100,1932,145
867.03
(1g) Generally. (intro.) When a decedent leaves solely owned property
6in this state which does not exceed $10,000 in value, any heir of the decedent
or
7person who was guardian of the decedent at the time of the decedent's death may
8collect any money due the decedent, receive the property of the decedent if it is not
9an interest in or lien on real property and have any evidence of interest, obligation
10to or right of the decedent transferred to the affiant upon furnishing the person owing
11the money, having custody of the property or acting as registrar or transfer agent of
12the evidences of interest, obligation to or right, with proof of prior mailed notice
13under sub. (1m) if applicable and with an affidavit in duplicate showing all of the
14following:
AB100, s. 5202
15Section
5202. 867.03 (1c) of the statutes is created to read:
AB100,1932,1716
867.03
(1c) Definition. In this section, "guardian" has the meaning given in
17s. 880.01 (3).
AB100, s. 5203
18Section
5203. 867.03 (1m) (a) of the statutes is amended to read:
AB100,1933,319
867.03
(1m) (a) Whenever an heir
or person who was guardian of the decedent
20at the time of the decedent's death intends to transfer a decedent's property by
21affidavit under sub.
(1) (1g) and the decedent or the decedent's spouse ever received
22medical assistance under subch. IV of ch. 49, long-term community support services
23funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir
or person
24who was guardian of the decedent at the time of the decedent's death shall give notice
25to the department of health and family services of his or her intent. The notice shall
1include the information in the affidavit under sub.
(1) (1g) and the heir
or person who
2was guardian of the decedent at the time of the decedent's death shall give the notice
3by certified mail, return receipt requested.