Amendment ASA-AB150

AB150-ASA, s. 7199b Section 7199b. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

AB150-ASA,2224,7 867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir files the affidavit.

AB150-ASA, s. 7199bm Section 7199bm. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7199b, is amended to read:

AB150-ASA,2224,15 867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir files the affidavit.

AB150-ASA, s. 7199c Section 7199c. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7199b and 7199bm, is amended to read:

AB150-ASA,2224,25 867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the notice required under par. (a) showing a delivery date that is not less than 10 days before the day on which the heir files the affidavit.

AB150-ASA, s. 7199y Section 7199y. 867.035 (title) of the statutes is amended to read:

AB150-ASA,2225,3 867.035 (title) Transfer by affidavit; recipients of medical assistance certain benefits.

AB150-ASA, s. 7200 Section 7200. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

AB150-ASA,2225,12 867.035 (1) (intro.) The department of health and social services may collect from the funds property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

AB150-ASA, s. 7200b Section 7200b. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7200, is amended to read:

AB150-ASA,2225,23 867.035 (1) (intro.) The department of health and social services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) or the aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

AB150-ASA, s. 7200bm Section 7200bm. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7200 and 7200b, is amended to read:

AB150-ASA,2226,12 867.035 (1) (intro.) The department of health and social services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.48, 49.483 or 49.485 that is recoverable under s. 49.482 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

AB150-ASA, s. 7200c Section 7200c. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7200, 7200b and 7200bm, is amended to read:

AB150-ASA,2226,24 867.035 (1) (intro.) The department of health and social services may collect from the property; except interests in or liens on real property; wearing apparel; jewelry; household furniture, furnishings and appliances; motor vehicles and recreational vehicles; of a decedent by affidavit under this section an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. or the aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 that is recoverable under s. 49.482 49.682 (2) (a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

AB150-ASA, s. 7201 Section 7201. 867.035 (1) (c) of the statutes is repealed.

AB150-ASA, s. 7202 Section 7202. 867.035 (1) (d) of the statutes is amended to read:

AB150-ASA,2227,4 867.035 (1) (d) The value of the solely owned property in this state left by the decedent, after payment of burial costs, does not exceed $10,000 the amount under s. 867.03 (1) (intro.).

AB150-ASA, s. 7203 Section 7203. 867.035 (2) of the statutes is amended to read:

AB150-ASA,2227,12 867.035 (2) A person possessing funds who possesses property of a decedent shall pay transmit the funds property to the department of health and social services upon receipt of an affidavit by a person designated by the secretary of health and social services to administer this section showing that the conditions in sub. (1) are satisfied. Upon payment transmittal, the person is released from any obligation to other creditors or heirs of the decedent. The department of health and social services shall provide a copy of the affidavit to the department of revenue.

AB150-ASA, s. 7204 Section 7204. 867.035 (3) of the statutes is amended to read:

AB150-ASA,2227,24 867.035 (3) If a person has a valid claim against the decedent's estate that would have a higher priority under s. 859.25 (1) if the estate were administered than the department of health and social services would have under s. 859.25 (1) (e) and the person demands payment in writing within one year of the date on which the funds were collected by property was transmitted to the department, the department shall pay to the person the amount value of the property collected under sub. (2) or the amount of the claim, whichever is less. The department of health and social services shall notify the department of revenue of a payment under this subsection may authorize any person who possesses property of the decedent to honor higher priority claims with the decedent's property before transmitting property to the department.

AB150-ASA, s. 7205 Section 7205. 867.035 (4) of the statutes is amended to read:

AB150-ASA,2228,7 867.035 (4) From the appropriation under s. 20.435 (1) (im), the department of health and social services shall pay claims under sub. (3), shall pay to the federal government the amount of the funds from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section that are not paid out as claims under sub. (3) and shall spend the remainder of the funds amount recovered under this section for medical assistance benefits administered under s. 49.45.

AB150-ASA, s. 7206b Section 7206b. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7205, is amended to read:

AB150-ASA,2228,17 867.035 (4) From the appropriation under s. 20.435 (1) (im), with respect to funds collected by the department under sub. (1) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health and social services shall pay claims under sub. (3), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits administered under s. 49.45.

AB150-ASA, s. 7206c Section 7206c. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7205 and 7206b, is amended to read:

AB150-ASA,2229,3 867.035 (4) From the appropriation under s. 20.435 (1) (im), with respect to funds collected by the department under sub. (1) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health and social services shall pay claims under sub. (3), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) an amount equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the amount recovered under this section for medical assistance benefits administered under s. 49.45 subch. IV of ch. 49.

AB150-ASA, s. 7206g Section 7206g. 867.035 (4m) of the statutes is created to read:

AB150-ASA,2229,10 867.035 (4m) From the appropriation under s. 20.435 (7) (im), with respect to funds collected by the department under sub. (1) related to long-term community support services funded under s. 46.27 (7) paid on behalf of the decedent or the decedent's spouse, the department of health and social services shall pay claims under sub. (3) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).

AB150-ASA, s. 7206m Section 7206m. 880.195 of the statutes is amended to read:

AB150-ASA,2229,21 880.195 Transfer of Menominees guardianship funds to trust. The circuit court which has appointed a guardian of the estate of any minor or incompetent who is a member of the Menominee Indian tribe as defined in s. 49.085 49.385 or a lawful distributee thereof may direct the guardian to transfer the assets of the minor or incompetent in the guardian's possession to the trustees of the trust created by the secretary of interior or his or her delegate which receives property of the minors or incompetents transferred from the United States or any agency thereof as provided by P.L. 83-399, as amended, and the assets shall thereafter be held, administered and distributed in accordance with the terms and conditions of the trust.

AB150-ASA, s. 7206n Section 7206n. 880.331 (8) of the statutes is amended to read:

AB150-ASA,2230,2 880.331 (8) Compensation. On order of the court, the guardian ad litem appointed under this chapter shall be allowed reasonable compensation to be paid by the county of venue, unless the court otherwise directs. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB150-ASA, s. 7207 Section 7207. 885.37 (4) (a) 1. of the statutes is amended to read:

AB150-ASA,2230,5 885.37 (4) (a) 1. In the supreme court or the court of appeals, the state director of state courts shall pay the expense.

AB150-ASA, s. 7208 Section 7208. 885.37 (4) (a) 2. of the statutes is amended to read:

AB150-ASA,2230,8 885.37 (4) (a) 2. In circuit court, the state director of state courts shall pay the expense.

AB150-ASA, s. 7209 Section 7209. 885.37 (4) (a) 2m. of the statutes is created to read:

AB150-ASA,2230,12 885.37 (4) (a) 2m. To assist the state public defender in representing an indigent in preparing for court proceedings, the state public defender shall pay the expense.

AB150-ASA, s. 7210 Section 7210. 887.23 (1) of the statutes is amended to read:

AB150-ASA,2231,2 887.23 (1) Who may require. The department of health and social services, the department of corrections, the state superintendent department of education or the board of regents of the university of Wisconsin system may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

AB150-ASA, s. 7211 Section 7211. 889.29 (1) of the statutes is amended to read:

AB150-ASA,2231,20 889.29 (1) If any business, institution or member of a profession or calling in the regular course of business or activity has kept or recorded any memorandum, writing, entry, print, representation or combination thereof, of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, or other process which accurately reproduces or forms a durable medium for so reproducing the original, or to be recorded on an optical disk or in electronic format, the original may be destroyed in the regular course of business, unless its preservation is required by law. Such reproduction or optical disk record, when reduced to comprehensible format and when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not and an enlargement or facsimile of such reproduction of a record or an enlarged copy of a record generated from an original record stored in optical disk or electronic format is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court. The introduction of a reproduced record, enlargement or facsimile, does not preclude admission of the original.

AB150-ASA, s. 7212m Section 7212m. 891.39 (1) (b) of the statutes is amended to read:

AB150-ASA,2232,4 891.39 (1) (b) In actions affecting the family, in which the question of paternity is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB150-ASA, s. 7214 Section 7214. 893.925 (2) (a) of the statutes is amended to read:

AB150-ASA,2232,13 893.925 (2) (a) An action to recover damages for mining-related injuries under s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of industry, labor and human relations development gives written notice within the time specified in this subsection that a claim has been filed with it under sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.

AB150-ASA, s. 7215 Section 7215. 895.437 (1) (c) of the statutes is amended to read:

AB150-ASA,2232,16 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 101.22 106.04 (1m) (n).

AB150-ASA, s. 7223 Section 7223. 895.65 (1) (c) of the statutes is amended to read:

AB150-ASA,2232,25 895.65 (1) (c) "Governmental unit" means any association, authority, board, commission, department, independent agency, institution, office, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor and the courts. "Governmental unit" does not mean the University of Wisconsin Hospitals and Clinics Authority or any political subdivision of the state or body within one or more political subdivisions which is created by law or by action of one or more political subdivisions.

AB150-ASA, s. 7225 Section 7225. 905.15 (1) of the statutes is amended to read:

AB150-ASA,2233,9 905.15 (1) An employe of the department of health and social services, the department of industry, labor and human relations or a county department under s. 46.215, 46.22 or 46.23 or a member of a governing body of a federally recognized American Indian tribe who is authorized by federal law to have access to or awareness of the federal tax return information of another in the performance of duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse to disclose the information and the source or method by which he or she received or otherwise became aware of the information.

AB150-ASA, s. 7225m Section 7225m. 939.615 of the statutes is created to read:

AB150-ASA,2233,16 939.615 Restriction on penalty for certain first offenders charged with misdemeanors. (1) Regardless of whether a misdemeanor authorizes a penalty of imprisonment, the penalty for a misdemeanor is the fine and any penalties, other than imprisonment, authorized by law for that misdemeanor if, at the time of the alleged violation, the defendant had not previously been convicted of any state or federal crime.

AB150-ASA,2233,17 (2) Subsection (1) does not apply to any of the following:

AB150-ASA,2233,18 (a) Any misdemeanor violation under ch. 940, 941 or 948.

AB150-ASA,2233,20 (b) Any misdemeanor that requires the imposition of a minimum sentence of imprisonment.

AB150-ASA,2233,21 (c) Any misdemeanor for which the only penalty is a sentence of imprisonment.

AB150-ASA,2233,22 (d) Any case in which the prosecutor elects to proceed under s. 967.052 (2).

AB150-ASA, s. 7227 Section 7227. 940.207 (title) of the statutes is amended to read:

AB150-ASA,2233,25 940.207 (title) Battery or threat to department of development or department of industry, labor and human relations employe.

AB150-ASA, s. 7228 Section 7228. 940.207 (2) (intro.) of the statutes is amended to read:

AB150-ASA,2234,5 940.207 (2) (intro.)  Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of development or department of industry, labor and human relations official, employe or agent under all of the following circumstances is guilty of a Class D felony:

AB150-ASA, s. 7229 Section 7229. 940.207 (2) (a) of the statutes is amended to read:

AB150-ASA,2234,9 940.207 (2) (a) At the time of the act or threat, the actor knows or should have known that the victim is a department of development or department of industry, labor and human relations official, employe or agent or a member of his or her family.

AB150-ASA, s. 7229g Section 7229g. 943.01 (2) (d) of the statutes is amended to read:

AB150-ASA,2234,14 943.01 (2) (d) If the total property damaged in violation of sub. (1) is reduced in value by more than $1,000 $1,500. For the purposes of this paragraph, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.

AB150-ASA, s. 7229h Section 7229h. 943.20 (3) (a) of the statutes is amended to read:

AB150-ASA,2234,17 943.20 (3) (a) If the value of the property does not exceed $1,000 $1,500, is guilty of a Class A misdemeanor.

AB150-ASA, s. 7229i Section 7229i. 943.20 (3) (b) of the statutes is amended to read:

AB150-ASA,2234,20 943.20 (3) (b) If the value of the property exceeds $1,000 $1,500 but not $2,500, is guilty of a Class E felony.

AB150-ASA, s. 7229j Section 7229j. 943.21 (3) (a) of the statutes is amended to read:

AB150-ASA,2234,23 943.21 (3) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation or other service is $1,000 $1,500 or less.

AB150-ASA, s. 7229k Section 7229k. 943.21 (3) (b) of the statutes is amended to read:

AB150-ASA,2235,2 943.21 (3) (b) Is guilty of a Class E felony when the value of any beverage, food, lodging, accommodation or other service exceeds $1,000 $1,500.

AB150-ASA, s. 7229m Section 7229m. 943.24 (1) of the statutes is amended to read:

AB150-ASA,2235,6 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $1,500 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

AB150-ASA, s. 7229n Section 7229n. 943.24 (2) of the statutes is amended to read:

AB150-ASA,2235,12 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $1,500 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $1,500 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E felony.

AB150-ASA, s. 7229p Section 7229p. 943.26 (2) of the statutes is amended to read:

AB150-ASA,2235,15 943.26 (2) If the security is impaired by more than $1,000 $1,500, the mortgagor or vendee is guilty of a Class E felony.