SB333: Bill Text

SB333,30 Section 30. 814.66 (1) (a) 2. of the statutes is amended to read:

SB333,9,24 814.66 (1) (a) 2. For filing a petition whereby any proceeding in estates of deceased persons is commenced, if the value of the property subject to administration, less encumbrances, liens, or charges, is $10,000 or less, a fee of $20 $36 and, if more than $10,000, a fee of 0.2 percent of the value of the property subject to administration, less encumbrances, liens, or charges. The register in probate may not base a fee under this subdivision upon the value of property that is not subject to administration.

SB333,31 Section 31. 814.66 (1) (b) 2. of the statutes is amended to read:

SB333,10,10 814.66 (1) (b) 2. For filing a petition for guardianship of the estate under ch. 54 or an application for conservatorship under s. 54.76, if the value of the property, less encumbrances, liens, or charges, is the amount specified under s. 867.03 (1g) (intro.) or less, a fee of $20 $36 and, if more than the amount specified under s. 867.03 (1g) (intro.), a fee of 0.2 percent of the value of the property, less encumbrances, liens, or charges.

SB333,32 Section 32. 814.66 (1) (c) of the statutes is amended to read:

SB333,10,14 814.66 (1) (c) For a certificate terminating a life estate or homestead interest, $3 $10, but the fee shall not be collected if the termination is consolidated with probate or administration proceedings.

SB333,33 Section 33. 814.66 (1) (e) of the statutes is amended to read:

SB333,10,19 814.66 (1) (e) For filing objections to the probate of a will, $20 $69, except that this fee may be waived by the court when objection is filed by a guardian ad litem or attorney, or attorney-in-fact, for a person in the military service. The court may order a refund of the fee to the objector from the assets of the estate.

SB333,34 Section 34. 814.66 (1) (f) of the statutes is amended to read:

SB333,10,22 814.66 (1) (f) For receiving a will for safekeeping, except under s. 856.05 (1), $10 $35.

SB333,35 Section 35. 814.66 (1) (g) of the statutes is amended to read:

SB333,11,2 814.66 (1) (g) For each certificate issued by the registers in probate or circuit judges, $3 $10.

SB333,36 Section 36. 814.66 (1) (i) of the statutes is amended to read:

SB333,11,6 814.66 (1) (i) For filing claims against estates, $3 $10. The $3 fee under this paragraph shall be added on to the amount of the claim and may be recovered as part of the claim.

SB333,37 Section 37. 814.66 (1) (j) of the statutes is amended to read:

SB333,11,11 814.66 (1) (j) For searching files or records to locate any one action when the person requesting the search does not furnish the case number of the action, or to ascertain the existence or nonexistence of any instrument or record in the custody of the clerk of circuit court, $4 $14.

SB333,38 Section 38. 814.66 (1) (k) of the statutes is amended to read:

SB333,11,14 814.66 (1) (k) For receiving a power of attorney for health care instrument for safekeeping, as provided under s. 155.65 (1), $8 $18.

SB333,39 Section 39. 814.66 (1) (L) of the statutes is amended to read:

SB333,11,17 814.66 (1) (L) For receiving a declaration for safekeeping, as provided under s. 154.13 (1), $8 $18.

SB333,40 Section 40. 814.66 (1) (n) of the statutes is amended to read:

SB333,11,22 814.66 (1) (n) For depositing or disbursing money under s. 54.12 (1) (a), a fee of $10 $16 or 0.5 percent of the amount deposited, whichever is greater at the time the money is deposited with the register in probate, and a fee of $10 $16 whenever any withdrawal is made of the money deposited with the register in probate.

SB333,41 Section 41. 814.66 (1) (o) of the statutes is amended to read:

SB333,12,2 814.66 (1) (o) For filing a petition to commence a judicial proceeding under ch. 701, $250 $258.

SB333,42 Section 42. 814.66 (3) of the statutes is amended to read:

SB333,12,13 814.66 (3) The register in probate shall, on the first Monday of each month, pay into the office of the county treasurer all fees collected by him or her the register in probate and in his or her the register in probate’s hands and still unclaimed as of that day. Each county treasurer shall make a report under oath to the secretary of administration on or before the 5th day of January, April, July, and October of all fees received by him or her the county treasurer under sub. (1) (a) to (f) up to the first day of each of those months and shall at the same time pay 66.67 percent of the fees to the secretary of administration for deposit in the general fund. Each county treasurer shall retain the balance of fees received by him or her the county treasurer under this section for the use of the county.

SB333,43 Section 43. 814.67 (1) (a) 1. of the statutes is amended to read:

SB333,12,15 814.67 (1) (a) 1. For witnesses, $5 $17 per day.

SB333,44 Section 44. 814.67 (1) (a) 2. of the statutes is amended to read:

SB333,12,18 814.67 (1) (a) 2. For interpreters, $10 $35 per one-half day or such higher fees as the municipality or county board may establish.

SB333,45 Section 45. 814.67 (1) (am) of the statutes is amended to read:

SB333,12,21 814.67 (1) (am) For witnesses attending before a circuit court, $16 $55 per day.

SB333,46 Section 46. 814.67 (1) (b) 1. of the statutes is amended to read:

SB333,12,23 814.67 (1) (b) 1. For witnesses, $16 $55 per day.

SB333,47 Section 47. 814.67 (1) (bg) of the statutes is amended to read:

SB333,13,3 814.67 (1) (bg) For interpreters assisting the state public defender in representing an indigent in preparing for court proceedings, $35 $72 per one-half day.

SB333,48 Section 48. 814.67 (1) (c) 1. (intro.) of the statutes is amended to read:

SB333,13,6 814.67 (1) (c) 1. (intro.) For a witness, the federal mileage rate of 20 cents per mile for either of the following:

SB333,49 Section 49. 814.68 (1) (a) of the statutes is amended to read:

SB333,13,11 814.68 (1) (a) A fee of $1 $3 for each decision, signing, or filing of a document or other ministerial act required by law performed by a supplemental court commissioner. This paragraph does not apply to testimonial proceedings or depositions taken before a supplemental court commissioner.

SB333,50 Section 50. 814.68 (2) of the statutes is amended to read:

SB333,13,18 814.68 (2) Supplementary examinations. For attendance upon an examination under ch. 816, a supplemental court commissioner shall collect a fee of $15 $52 to be paid upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any case where in which it appears by affidavit filed that the order was not served upon the judgment debtor. This fee is the only fee a supplemental court commissioner is entitled to for proceedings under ch. 816.

SB333,51 Section 51. 814.70 (1) of the statutes is amended to read:

SB333,14,14 814.70 (1) Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena, or any other order, $12 $33 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 $17 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she the respondent is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am) 1. to 6. If no fee is collected under this subsection from a petitioner under s. 813.125, the fee charged under this subsection in any action commenced under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she the respondent is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).

SB333,52 Section 52. 814.70 (2) of the statutes is amended to read:

SB333,14,17 814.70 (2) Execution on judgment. For serving an execution on a judgment demanding payment thereof or other writ not provided for, $12 $33.

SB333,53 Section 53. 814.70 (3) (a) of the statutes is amended to read:

SB333,14,20 814.70 (3) (a) In counties having a population of less than 750,000, 25 cents the federal mileage rate for each mile actually and necessarily traveled.

SB333,54 Section 54. 814.70 (3) (b) of the statutes is amended to read:

SB333,14,24 814.70 (3) (b) In counties having a population of 750,000 or more, $4 $11 for each party to be served in each action. Only one charge may be imposed if there is more than one person to be served at a given address.

SB333,55 Section 55. 814.70 (4) (a) of the statutes is amended to read:

SB333,15,3 814.70 (4) (a) In counties having a population of less than 750,000, 25 cents per mile the federal mileage rate.

SB333,56 Section 56. 814.70 (4) (b) of the statutes is amended to read:

SB333,15,7 814.70 (4) (b) In counties having a population of 750,000 or more, $4 $11 for each person served within the county from which process issued, or 25 cents per mile the federal mileage rate for each mile traveled if served outside the county.

SB333,57 Section 57. 814.70 (7) of the statutes is amended to read:

SB333,15,13 814.70 (7) Advertising personal property. Advertising goods and chattels for sale upon execution, writ, or process, $1.50 $5. If there is more than one execution, writ, or process in the hands of the sheriff against the same defendants, there shall be only one advertising fee charged in the whole, which shall be on the execution having priority.

SB333,58 Section 58. 814.70 (8) of the statutes is amended to read:

SB333,15,19 814.70 (8) Seizure of property; evictions. For serving any writ or other process with the aid of the county, $8 $28; and $10 $35 per hour for each deputy assigned to inventory the property when seizing property on attachment, replevin, execution, or evicting on a writ of restitution or writ of assistance, plus all necessary expenses incurred thereby.

SB333,59 Section 59. 814.70 (9) (a) (intro.) of the statutes is amended to read:

SB333,15,24 814.70 (9) (a) (intro.) A fee of $50 $173, of which $25 $86 shall be prepaid and nonrefundable, for all necessary activities of the sheriff in connection with the sale of real estate by the sheriff or other officers, under any judgment or order of court, and making all the necessary papers and notices, including but not limited to:

SB333,60 Section 60. 814.70 (9) (b) of the statutes is amended to read:

SB333,16,3 814.70 (9) (b) For travel in making the sale, to be computed from the courthouse, 20 cents per the federal mileage rate for each mile going and returning.

SB333,61 Section 61. 814.70 (12) of the statutes is amended to read:

SB333,16,7 814.70 (12) Notices of sale. For the posting of notices of sale of personal property or posting any other notice and making a return thereon, $4 $14 for the first posting and $2 $7 for each additional posting.

SB333,62 Section 62. 814.705 (2) of the statutes is repealed.

SB333,63 Section 63. 814.72 of the statutes is amended to read:

SB333,16,12 814.72 Fees of appraisers. For appraisals under s. 815.19, each appraiser shall collect a fee of $8 $28, plus $10 $35 per hour. The fee shall be paid by the officer and returned as a disbursement on the writ of attachment or execution.

SB333,64 Section 64. 814.85 (1) (c) of the statutes is amended to read:

SB333,16,19 814.85 (1) (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $51 $88 court support services surcharge 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).

SB333,65 Section 65. 814.85 (2) of the statutes is amended to read:

SB333,16,23 814.85 (2) The clerk shall pay the moneys collected under sub. (1) (a) and (b) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).

SB333,66 Section 66. 814.85 (3) of the statutes is created to read:

SB333,17,3 814.85 (3) Of each surcharge collected by the clerk under sub. (1) (c), the county treasurer shall pay $51 to the secretary of administration under s. 59.25 (3) (p) and shall retain the balance for the use of the county.

SB333,67 Section 67. 814.86 (1) of the statutes is amended to read:

SB333,17,11 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 $32 justice information system surcharge 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) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

SB333,68 Section 68. 814.86 (1s) of the statutes is created to read:

SB333,17,15 814.86 (1s) Of each surcharge collected by the clerk under sub. (1), the county treasurer shall pay $21.50 to the secretary of administration under s. 59.25 (3) (p) and shall retain the balance for the use of the county.

SB333,69 Section 69. 814.86 (2) of the statutes is amended to read:

SB333,17,19 814.86 (2) The clerk shall pay the moneys collected under subs. (1) and sub. (1m) to the county treasurer under s. 59.40 (2) (m). The county treasurer shall pay those moneys to the secretary of administration under s. 59.25 (3) (p).

SB333,70 Section 70. Effective date.

SB333,17,22 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB333,17,23 (end)