AB40: Bill Text

AB40,612,10 (e) If the recipient's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the property, any lien under par. (c) is subordinate to the new encumbrance.

AB40,612,12 (f) The department shall release a lien under par. (c) that the department could not enforce because of par. (d), if any of the following applies:

AB40,612,15 1. The recipient's surviving spouse or child who is under age 21 or disabled sells the property for fair market value, as described in s. 49.849 (5c) (d), during the spouse's or child's lifetime.

AB40,612,22 2. The recipient's surviving spouse or child who is under age 21 or disabled transfers the property for less than fair market value, as described in s. 49.849 (5c) (d), during the spouse's or child's lifetime, the transferee sells the property during the spouse's or child's lifetime and places proceeds equal to the lesser of the department's lien or the sale proceeds due to the seller in a trust or bond, and the department is paid the secured amount upon the death of the recipient's spouse or disabled child or when the recipient's child who is not disabled reaches age 21.

AB40,613,4 3. The surviving owner or transferee of the property, who is not the recipient's surviving spouse or child who is under age 21 or disabled, sells the property during the lifetime of the recipient's surviving spouse or child who is under age 21 or disabled and places proceeds equal to the lesser of the department's lien or the sale proceeds due to the seller in a trust or bond, and the department is paid the secured amount upon the death of the recipient's spouse or disabled child or when the recipient's child who is not disabled reaches age 21.

AB40,1222 Section 1222. 49.849 of the statutes is created to read:

AB40,613,7 49.849 Recovery of correct payments under certain public assistance programs. (1) Definitions. In this section:

AB40,613,9 (a) "Decedent" means a deceased recipient or a deceased nonrecipient surviving spouse, whichever is applicable.

AB40,613,10 (b) "Department" means the department of health services.

AB40,613,13 (c) "Nonrecipient surviving spouse" means any person who was married to a recipient while the recipient was receiving public assistance and who survived the recipient.

AB40,613,18 (d) 1. "Property of a decedent" means all real and personal property to which the recipient held any legal title or in which the recipient had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

AB40,613,24 2. Notwithstanding subd. 1., "property of a decedent" includes all real and personal property in which the nonrecipient surviving spouse had an ownership interest at the recipient's death and in which the recipient had a marital property interest with that nonrecipient surviving spouse at any time within 5 years before the recipient applied for public assistance or during the time that the recipient was eligible for public assistance.

AB40,614,4 (e) "Public assistance" means any services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685.

AB40,614,5 (f) "Recipient" means a person who received public assistance.

AB40,614,10 (2) Recoverable amounts. (c) There is a presumption, which may be rebutted by clear and convincing evidence, that all property of the deceased nonrecipient surviving spouse was marital property held with the recipient and that 100 percent of the property of the deceased nonrecipient surviving spouse is subject to the department's claim under par. (a).

AB40,614,17 (3) Transmittal of property upon receipt of affidavit. (a) Any property of a decedent that is transferred by a person who has possession of the property at the time of the decedent's death is subject to the right of the department to recover the amounts specified in sub. (2) (a). Upon request, the person who transferred the property shall provide to the department information about the property of the decedent that the person has transferred and information about the persons to whom the property was transferred.

AB40,614,19 (c) An affidavit under this subsection shall contain all of the following information:

AB40,614,21 1. That the department has a claim against the property that it intends to recover from the property.

AB40,614,22 2. The amount of and basis for the claim.

AB40,615,2 3. That the person may have a right to an administrative hearing under sub. (5m), which must be requested within 45 days after the department sent the affidavit, on the extent and fair market value of the recipient's interest in the property.

AB40,615,3 4. How to request an administrative hearing under sub. (5m).

AB40,615,5 5. That the person may request from the department a hardship waiver, if the person co-owned the property with the decedent or is a beneficiary of the property.

AB40,615,6 6. How to request a hardship waiver under subd. 5.

AB40,615,8 (4) Recovery against real property. (c) All of the following apply to a lien under par. (a) that the department may not enforce because of par. (b):

AB40,615,11 1. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.

AB40,615,13 2. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).

AB40,615,18 (4m) Allowable costs of sale of real property. (a) Subject to par. (b), if any property of a decedent that is real property has been sold after the death of the decedent, only the following reasonable expenses, if any, incurred in preserving or disposing of the real property may be deducted from the sale proceeds that the department may recover:

AB40,615,20 1. Closing costs of sale, including reasonable attorney fees of the seller, the cost of title insurance, and recording costs.

AB40,615,21 2. Property insurance premiums.

AB40,615,22 3. Property taxes due.

AB40,615,23 4. Utility costs necessary to preserve the property.

AB40,616,3 5. Expenses incurred in providing necessary maintenance or making necessary repairs, without which the salability of the property would be substantially impaired.

AB40,616,6 (b) Any expense under par. (a) may be deducted from the sale proceeds only if it is documented and approved by the department and it was not incurred while any other individual was living on the property.

AB40,616,8 (5c) Value of recipient's interest. For purposes of determining the value of the recipient's interest in property of the decedent, all of the following apply:

AB40,616,12 (a) If the recipient held title to real property jointly with one or more persons other than his or her spouse, the recipient's interest in the real property is equal to the fractional interest that the recipient would have had in the property if the property had been held with the other owner or owners as tenants in common.

AB40,616,15 (b) If the recipient held title to personal property jointly with one or more persons other than his or her spouse, the recipient's interest in the personal property is equal to either of the following:

AB40,616,17 1. The percentage interest that was attributed to the recipient when his or her eligibility for public assistance was determined.

AB40,616,20 2. If the percentage interest was not determined as provided in subd. 1., the fractional interest that the recipient would have had in the property if the property had been held with the other co-owner or co-owners as tenants in common.

AB40,616,25 (c) If the recipient held a life estate in real property, the recipient's interest is equal to the recipient's percentage of ownership in the property based on the recipient's age on the date of death and calculated using the fair market value of the property and life estate-remainderman tables used by the department to value life estates for purposes of determining eligibility for Medical Assistance.

AB40,617,5 (d) A property's fair market value is the price that a willing buyer would pay a willing seller for the purchase of the property. The burden of proof for establishing a property's fair market value is on the surviving owners or beneficiaries, or their representatives. Fair market value must be established through a credible methodology, which may include an appraisal performed by a licensed appraiser.

AB40,617,12 (5m) Fair hearing. A person who has possession of any property of the decedent, or who receives an affidavit from the department under sub. (3) (c) for transmittal of any property of the decedent, is entitled to and may, within 45 days after the affidavit was sent, request a departmental fair hearing on the value of the property and the extent of the recipient's interest in the property, if the property is not being transferred under s. 867.03 or through formal or informal administration of the decedent's estate.

AB40,617,25 (5r) Action or order to enforce recovery. (a) If, after receipt of an affidavit under sub. (3), a person who possesses property of a decedent does not transmit the property to the department or timely request a hearing, the department may bring an action to enforce its right to collect amounts specified in sub. (2) (a) from the property or may issue an order to compel transmittal of the property. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a class 3 proceeding, as defined in s. 227.01 (3) (c), under ch. 227 by filing a request for appeal, within 30 days after the date of the order, with the division of hearings and appeals created under s. 15.103 (1). The date on which the division of hearings and appeals receives the request for appeal shall be the date of service. The only issue at the hearing shall be whether the person has transmitted the property to the department. The decision of the division of hearing and appeals shall be the final decision of the department.

AB40,618,12 (b) If any person named in an order to compel transmittal of property issued under par. (a) fails to transmit the property under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The sworn statement of the secretary shall be evidence of the department's right to collect amounts specified in sub. (2) (a) from the property and of the person's failure to transmit the property to the department. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this paragraph shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.

AB40,618,14 (c) The recovery procedure under this subsection is in addition to any other recovery procedure authorized by law.

AB40,618,15 (6) Payments from recovered amounts.

AB40,1223 Section 1223. 49.85 (title) of the statutes is amended to read:

AB40,618,18 49.85 (title) Certification of certain public assistance overpayments, payment recoveries, and delinquent loan repayments.

AB40,1224 Section 1224. 49.85 (2) (a) (intro.) of the statutes is amended to read:

AB40,619,2 49.85 (2) (a) (intro.) At least annually, the department of health services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health services, the department of health services has determined that it may recover under s. 49.45 (2) (a) 10., 49.497, 49.793, or , 49.847, or 49.849, except that the department of health services may not certify an amount under this subsection unless all of the following apply:

AB40,1225 Section 1225. 49.85 (2) (a) 4. of the statutes is created to read:

AB40,619,5 49.85 (2) (a) 4. If the determination relates to recovery of an amount under s. 49.849, the determination was rendered to a judgment under s. 49.849 (5r) (b).

AB40,1226 Section 1226. 49.85 (3) (a) 1. of the statutes is amended to read:

AB40,619,10 49.85 (3) (a) 1. Inform the person that the department of health services intends to certify to the department of revenue an amount that the department of health services has determined to be due under s. 49.45 (2) (a) 10., 49.497, 49.793, or, 49.847, or 49.849, for setoff from any state tax refund that may be due the person.

AB40,1227 Section 1227. 49.857 (1) (d) 14m. of the statutes is created to read:

AB40,619,12 49.857 (1) (d) 14m. A registration issued under ss. 202.12 to 202.14 or 202.22.

AB40,1228 Section 1228. 50.01 (1g) (h) of the statutes is created to read:

AB40,619,16 50.01 (1g) (h) A private residence that is the home to adults who independently arrange for and receive care, treatment, or services for themselves from a person or agency that has no authority to exercise direction or control over the residence.

AB40,1229 Section 1229. 50.03 (4m) (b) of the statutes is amended to read:

AB40,620,10 50.03 (4m) (b) If the applicant for licensure as a community-based residential facility has not been previously licensed under this subchapter or if the community-based residential facility is not in operation at the time application is made, the department shall issue a probationary license, except that the department may deny licensure to any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked within 5 years before application is made. A probationary license shall be valid for up to 12 months from the date of issuance unless sooner suspended or revoked under sub. (5g). Prior to the expiration of a probationary license, the department shall inspect evaluate the community-based residential facility and, if. In evaluating the community-based residential facility, the department may conduct an inspection of the community-based residential facility. If, after the department evaluates the community-based residential facility, the department finds that the community-based residential facility meets the applicable requirements for licensure, the department shall issue a regular license under sub. (4) (a) 1. b. If the department finds that the community-based residential facility does not meet the requirements for licensure, the department may not issue a regular license under sub. (4) (a) 1. b.

AB40,1230 Section 1230. 50.14 (2) (bm) of the statutes is amended to read:

AB40,620,17 50.14 (2) (bm) For intermediate care facilities for persons with an intellectual disability, an amount calculated by multiplying the projected annual gross revenues of all intermediate care facilities for persons with an intellectual disability in this state by 0.055, dividing the product by the number of licensed beds of intermediate care facilities for persons with an intellectual disability in this state and dividing the quotient by 12 $910.

AB40,1231 Section 1231. 50.14 (2m) of the statutes is repealed.

AB40,1232 Section 1232. 51.025 of the statutes is created to read:

AB40,620,23 51.025 Office of children's mental health. The office of children's mental health shall study and recommend ways, and coordinate initiatives, to improve the integration across state agencies of mental health services provided to children and monitor the performance of programs that provide those services.

AB40,1233 Section 1233. 51.06 (6) of the statutes is amended to read:

AB40,621,16 51.06 (6) Sale of assets or real property at Northern Center for the Developmentally Disabled. The department may maintain the Northern Center for the Developmentally Disabled for the purpose specified in sub. (1), but may sell assets or real property, of the Northern Center for the Developmentally Disabled, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1). If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If there is no such debt outstanding and there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under this subsection, the department shall credit the net proceeds or remaining net proceeds to the appropriation account under s. 20.435 (2) (gk).

AB40,1234 Section 1234. 51.20 (13) (cr) of the statutes is amended to read:

AB40,621,24 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation that would be a felony if committed by an adult in this state or a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB40,1235 Section 1235. 51.44 (1m) of the statutes is amended to read:

AB40,622,4 51.44 (1m) The department is the lead agency in this state for the development and implementation of a statewide system of coordinated, comprehensive multidisciplinary programs to provide appropriate early intervention services under the requirements of 20 USC 1476 1431 to 1444.

AB40,1236 Section 1236. 51.44 (5) (c) of the statutes is amended to read:

AB40,622,10 51.44 (5) (c) Annually, submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) a report on the department's progress toward full implementation of the program under this section, including the progress of counties in implementing goals for participation in 5th-year requirements under 20 USC 1476 1431 to 1444.

AB40,1237 Section 1237. 54.15 (8) (a) 3. of the statutes is amended to read:

AB40,622,14 54.15 (8) (a) 3. Any license, certificate, permit, or registration of the proposed guardian that is required under chs. 202 or 440 to 480 or by the laws of another state for the practice of a profession or occupation has been suspended or revoked.

AB40,1238 Section 1238. 55.043 (4) (b) 5g. of the statutes is created to read:

AB40,622,18 55.043 (4) (b) 5g. Refer the case to the department of financial institutions if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14.

AB40,1239 Section 1239. 59.26 (1) (c) of the statutes is repealed.

AB40,1240 Section 1240. 59.43 (1) (w) of the statutes is created to read:

AB40,622,21 59.43 (1) (w) Record and index the documents specified in s. 49.848 (2).

AB40,1241 Section 1241. 59.43 (2) (ag) 1. of the statutes is amended to read:

AB40,623,2 59.43 (2) (ag) 1. Subject to s. 59.72 (5) and except as provided in par. (L), for recording any instrument entitled to be recorded in the office of the register of deeds, $25 $30, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b) or 193.111 (1) (b).

AB40,1242 Section 1242. 59.43 (2) (e) of the statutes is amended to read:

AB40,623,6 59.43 (2) (e) Subject to s. 59.72 (5) and except as provided in par. (L), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $25 $30.

AB40,1243 Section 1243. 59.43 (2) (L) (intro.) of the statutes is amended to read:

AB40,623,13 59.43 (2) (L) (intro.) For recording any instrument under par. (ag), filing any instrument under par. (e), and recording certificates and preparing and mailing documents under par. (i), $30 if the county uses $5 of each $30 fee received under this paragraph to make social security numbers from electronic format records not viewable or accessible on the Internet under sub. (4) (c) and s. 59.72 (6), until the earliest of the following:

AB40,1244 Section 1244. 59.605 (6) of the statutes is amended to read:

AB40,623,17 59.605 (6) Temporary suspension Sunset of the limit. This section does not apply to a county's levy that is imposed in December 2011 or December 2012 any year thereafter.

AB40,1245 Section 1245. 59.69 (4c) of the statutes is amended to read:

AB40,623,23 59.69 (4c) Construction site ordinance limits. Except as provided in s. 101.1206 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b.