Note: Inserts a missing word and corrects cross-references. Section 846.35 (6) was
renumbered from s. 846.35 (1) (c) by
2009 Wis. Act 28, but the cross-references were not
adjusted accordingly.
AB720,41,1514
895.04
(2) If the deceased leaves surviving a spouse or domestic partner under
15ch.770
, and domestic partner under s. 770.05, and minor children under 18 years of
16age with whose support the deceased was legally charged, the court before whom the
17action is pending, or if no action is pending, any court of record, in recognition of the
18duty and responsibility of a parent to support minor children, shall determine the
19amount, if any, to be set aside for the protection of such children after considering the
20age of such children, the amount involved, the capacity and integrity of the surviving
21spouse or surviving domestic partner, and any other facts or information it may have
22or receive, and such amount may be impressed by creation of an appropriate lien in
1favor of such children or otherwise protected as circumstances may warrant, but
2such amount shall not be in excess of 50% of the net amount received after deduction
3of costs of collection. If there are no such surviving minor children, the amount
4recovered shall belong and be paid to the spouse or domestic partner of the deceased;
5if no spouse or domestic partner survives, to the deceased's lineal heirs as determined
6by s. 852.01; if no lineal heirs survive, to the deceased's brothers and sisters. If any
7such relative dies before judgment in the action, the relative next in order shall be
8entitled to recover for the wrongful death. A surviving nonresident alien spouse or
9a nonresident alien domestic partner under ch. 770 and minor children shall be
10entitled to the benefits of this section. In cases subject to s. 102.29 this subsection
11shall apply only to the surviving spouse's or surviving domestic partner's interest in
12the amount recovered. If the amount allocated to any child under this subsection is
13less than $10,000, s. 807.10 may be applied. Every settlement in wrongful death
14cases in which the deceased leaves minor children under 18 years of age shall be void
15unless approved by a court of record authorized to act hereunder.
Note: Deletes redundant provision. Drafting records show the stricken language
was to be replaced by "or domestic partner under ch.770," but was inadvertently retained.
AB720, s. 98
16Section
98. 939.22 (8) of the statutes is renumbered 939.22 (9r).
Note: Places definition in alphabetical order.
AB720,41,2319
949.06
(1m) (a) In this subsection, "family member" means any spouse,
20domestic partner under
s. 770.05 ch. 770, parent, grandparent, stepparent, child,
21stepchild, adopted child, grandchild, foster child, brother, sister, half brother, half
22sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a domestic
23partner under ch. 770.
Note: 2009 Wis. Act 28, section
3359, amended s. 949.06 (1m) (a), as affected by
2009 Wis. Act 28, section
3358. Section 3358 inserted the phrase "domestic partner under
ch. 770." Section 3359 changed "ch. 770" to "s. 770.05" without strikes and and scores.
No change was intended.
AB720, s. 100
1Section
100. 971.23 (9) (b) of the statutes is amended to read:
AB720,42,82
971.23
(9) (b) Notwithstanding sub. (1) (e) or (2m) (am), if either party intends
3to submit deoxyribonucleic acid profile evidence at a trial to prove or disprove the
4identity of a person, the party seeking to introduce the evidence shall notify the other
5party of the intent to introduce the evidence in writing by mail at least 45 days before
6the date set for trial; and shall provide the other party, within 15 days of request, the
7material identified under sub. (1) (e)
, or
par. (2m) (am), whichever is appropriate,
8that relates to the evidence.
Note: Corrects citation form. Deletes unnecessary comma.
AB720, s. 101
9Section
101. 985.01 (1m) of the statutes is amended to read:
AB720,42,1210
985.01
(1m) "Insertion
," when used to indicate the publication of a legal notice
11more than one time, means once each week for consecutive weeks, the last of which
12shall be at least one week before the act or event, unless otherwise specified by law.
Note: Inserts missing comma.
Note: The comma was previously existing.
AB720, s. 103
15Section
103. 2009 Wisconsin Act 2, section
416 is amended by replacing "sale
16of tangible personal property
and items" with "sale of tangible personal property
, and
17items".
Note: A comma was deleted without being shown as stricken. The change was
intended.
Note: An underscored comma was erroneously inserted in stricken text.
AB720, s. 105
1Section
105. 2009 Wisconsin Act 11, sections
21,
31 and
41 are amended by
2replacing "a percentage, as determined by the department of commerce, not to
3exceed 100 percent, of" with "
a percentage, as determined by the department of
4commerce, not to exceed 100 percent, of".
Note: Language was inserted by
2009 Wis. Act 11 without scoring. The change was
intended.
Note: Previously existing text was underscored by
2009 Wis. Act 11. No change
was intended.
AB720, s. 107
7Section
107. 2009 Wisconsin Act 28, section
120b is amended by replacing
8"16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to
9read:" with "16.957 (2) (a) (intro.) of the statutes is amended to read:".
Note: Clarifies action phrase. No renumbering actually occurred. The provision
remained introductory to s. 16.957 (2) (a) 1. to 4.
AB720, s. 108
10Section
108. 2009 Wisconsin Act 28, section
168m is amended by replacing
11"subdivision during a fiscal year may not exceed" with "subdivision
during a fiscal
12year may not exceed".
Note: 2009 Wis. Act 28 inserted text without showing it as underscored. The
change was intended.
Note: 2009 Wis. Act 28 deleted text without showing it as stricken. The change
was intended.
AB720, s. 110
15Section
110. 2009 Wisconsin Act 28, section
276 is amended by replacing
16"
Resource aids — county sustainable forestry and county forest administration
17grants." with "
Resource aids — urban forestry, county sustainable forestry, and
18county forest administration grants.".
Note: 2009 Wis. Act 28 deleted text without showing it as stricken. The change
was intended.
Note: 2009 Wis. Act 28 deleted text without showing it as stricken. The change
was intended.
Note: The provision showed text as stricken in s. 48.67 (4), as created by
2009 Wis.
Act 28, that did not exist and contained no other changes to s. 48.67 (4), and thus had no
effect.
Note: The last letter in a stricken word was inadvertently not stricken.
Note: 2009 Wis. Act 28 inserted a comma without showing it as underscored. The
change was intended.
AB720, s. 116
10Section
116. 2009 Wisconsin Act 28, section
1543cc is amended by replacing
11"subd. 33., per beneficiary by the married" with "
subdivision subd. 33., per
12beneficiary by the married".
Note: 2009 Wis. Act 28 replaced "subdivision" with "subd." without strikes and
underscores. The change was intended.
AB720, s. 117
13Section
117. 2009 Wisconsin Act 28, section
1543cg is amended by replacing
14"subd. 32., per beneficiary by the married" with "
subdivision subd. 32., per
15beneficiary by the married".
Note: 2009 Wis. Act 28 replaced "subdivision" with "subd." without strikes and
underscores. The change was intended.
Note: 2009 Wis. Act 28 deleted a comma without showing it as stricken. The
change was intended.
Note: 2009 Wis. Act 28 replaced "0.5%" with "0.5 percent" without strikes and
scores. The change was intended.
Note: 2009 Wis. Act 28 inserted "of the seed" without showing it as underscored.
The change was intended.
Note: A previously existing comma was underscored. No change was intended.
Note: 2009 Wis. Act 28 inserted "or department of health services" without
showing it as underscored. The change was intended.
Note: A comma was deleted without being shown as stricken. The change was
intended.
Note: A comma was deleted without being shown as stricken. The change was
intended.
Note: 2009 Wis. Act 28 inserted "over" without showing it as underscored. The
change was intended.
AB720, s. 126
1Section
126. 2009 Wisconsin Act 28, section
2683d is amended by replacing
2"301.26 (7) (a) (intro.)" with "301.26 (7) (a)" and by replacing "301.26
(7) (a) (intro.)"
3with "301.26
(7) (a)".
Note: 2009 Wis. Act 28 replaced "CR" with "CFR" without strikes and scores. The
change was intended.
Note: The last letter in a stricken word was inadvertently not stricken.
Note: 2009 Wis. Act 29 inserted a comma without showing it as underscored. The
change was intended.
AB720, s. 131
13Section
131.
Effective dates. This act takes effect on the day after
14publication, except as follows:
AB720,46,1615
(1)
The treatment of sections 77.51 (11m) and 101.123 (2) (a) 9. of the statutes
16takes effect on July 5, 2010, or on the day after publication, whichever is later.
AB720,47,217
(2)
The treatment of sections 146.82 (2) (a) 18m. and 949.06 (1m) (a) of the
18statutes takes effect on the date stated in the notice provided by the secretary of
1children and families and published in the Wisconsin Administrative Register under
2section 48.62 (9) of the statutes, or on the day after publication, whichever is later.