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HomeMy WebLinkAboutResolution 1982 (20)STATE OF wISCOF sm )SS COVITY OF ST, CROIX ) IF. V rna S ohlberg m County Clerk in and for said county, do hereby certify that I have compared the foregoing and withir copy of Resolution #20(82) with the original record in this office and that the same is a correct transcript therefrom and of the whole thereof, and I further certify - that the same - was adopted by the St. Croix County Board of Supervisors on the 20th day of April 1982 -- In testimony whereof I have hereunto set my hand and official seal this 21" day of _ Apri1 , A.D. 1982 CA!lntV rler4 C+ r--; - r.. _b.. 1 12 - Resolution in Support of Senate Bill 767 TO THE CHAIRMAN AND SUPERVISORS OF THE ST. CROIX COUNTY BOARD OF SUPERVISORS Supervisors: St. Croix County WHEREAS, the Wisconsin State Legislature has before it Senate Bill 767; and WHEREAS, Senate Bill 767 would substantially streamline and simplify Wisconsin's current statutory Court User Fees and Costs structure and increase the level of many fees to more realistically reflect the increased costs of operating the courts due to inflation; and WHEREAS, it is apparent that Clerk of Courts, Register in Probate, and Sheriff's offices have not been adequately compensated for increased operating costs from court -related revenues; and WHEREAS, it is the obligation of county governments to carry out their functions in the most efficient and fiscally responsible manner possible; BE IT RESOLVED by the St. Croix County Board of Supervisors that it herewith supports the adoption of Senate Bill 767; and BE IT FURTHER RESOLVED that the St. Croix County Clerk send a certified copy of this resolution to the following: (a) Honorable Lee Sherman Dreyfus, Governor of the State of Wisconsin (b) Senate Judiciary Committee (c) DATED: Respectfully Submitted, SENATE BILL 767 C. PROBATE ACTIONS• FEES PAID TU REGISTER IN PPODATE Type of User Fee (i) Filing fee (depends on size of estate): -- S0 to $1,000 -- 1,000 to 10,000 -- 10,000 to 25,000 -- 25,000 to 50,000 -- 50,000 to 75,000 -- 75,000 to 100,000 -- 100,000 to 200,000 -- For each additional $100,000 or frac- tion thereof, ADO (2) For filing petition for guardianship of estate or conservator- ship under ch. 8B0, Scats. (3) For filing objections to probate of a will (except objection filed by guardian ad 1ltem or attorney for a person in military service) (4) For receiving a will for safekeeping (5) For filing claims against estates in counties with a population over 500,000* COUNTY: 35% of Total Fee Retained by Count STATE: 65% of Total Fee Paid to State Total Fee Paid j851.74 (3j] [851.74 (3)] to Clerk None None None 1.05 1.95 3.00 2.10 3.90 6.00 8.75 16.25 25.00 17.50 32.50 50.00 26.25 48.75 75.00 35.00 65.00 100.00 35.00 3.50 1.75 65.00 100.00 [851.74 (1) (a)] 6.50 10.00 (851.74 (1) (d)] 3.25 5.00 (851.74 (1) (e)] 1.00* -- 1.00 (851.74 (1) (h)] *This fee retained 100% by the county. COFf1ITTEE'S RECOMMENDATIONS RECOMMENDATION: A fee of $10.00 for estates from $fo $10,000 and thereafter a fee of 1110th of iC of the amount of the estate (e.g., $150,000 estate wnuid pay a fee of $150.00). Revenue split: state (45X), county (55%). RECOMMENDATION: A fee of $10.00 for estates from $O to $10,000 and thereafter a fee of 1/10th of i% of the amount of the estate (e.g., $150,000 estate would pay a fee of $150.00). Revenue split: state (45X), county (55%). R Cr'lvr;1PAilntl- Raise the fee to $20.00. Revenue split: state 45X , county (55%). REF,_0`11 0111ATION: Raise the fee to $10.00. Revenue split: state (45X), county (55X). RECOMMENDATION: Raise the fee to $3.00 and male it applicable to all counties. Permit the $3.00 fee to be addpa to L"C amount of the claim and collected as part of the claim. 11. �u.I It I1.41ICJ CURRENT LAW Clerk's Fee State Fee or Suit Retained by Tax Retained by County; Amount [Statuto State; Amount Total Fee Type of User fee Citation [Statutor Citation Paid to Clerk (1) For issuing birth certificates after __ $4 00 $4 00 paternity judgment (52.37 (3)] (2) For issuing certifi- cates. seals or .50 [59.42 (7)] - .50 commissions to take depositions (3) For a certificate 1 1.95 3.00 terminating a life [851.701) (b) (851.74 (1) (b) estate or homestead interest* and (3)] and (3)] (4) For a certificate or Judgment of descent Fee same as for 851.74 (1) (a). Fee same as for See Clerk's of lands (fee based on value of property)* based on value of 851.74 (1) (a). based on value and State Fee Columns propert of propert [851.74 (11 (c) and (3)] 851.74 (1 �c) and (3] (5) For each certificate issued by the regis- .50 (851.74 (1) (f)] -- .50 ters in probate or circuit judges* C. SEARCH OF RECORDS (1) for searching -- -- -- files or records (clerk of court and register in probate) B. REGISTLR IN PROBATE (1) For copies of records .50 -- .50 or other papers In (851.74 custody of registers (1) (g)] ' in probate, per page (2) For comparison and .50 -- .50 attestation of records [851.74 in custody of regis- (1) (g)] ters In probate, per Page (minima charge of $1.00 for both) COfMITTEE'S RECCIVIENDATIONS RECO111ENDATION: No action should be taken. RECOMMEENDATION. Raise the fee to $3.00. see Section VI. Item B (1). RECOHIENDATION: RetaIn ih� fee at its ru;relit level. Revenue split: state (45%). county (55%). RECOtiI1ENDATION: Same as Section I. Item C (1). Revenue split: state [50%). county (50%). `0 RECOMMENDATION: Raise the fee to $3.00, see Section VI, Item T). ___ RECOMENDAT1011: Establish -fee of 54.00 for clerk's or register Ti probate's search of files. or records to locate an action or ascertain the existence of an instrument or record in clerk's custody. RECOMNENDATION: Raise the fee to $1.00 per page. see Section VII, Item A (3) (a). RECOMMENDATION: Raise the fee to $1.00 per page. see Section VII. Item A (3) (a).