AB150: Bill Text

AB150, s. 7198 Section 7198. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

AB150,2316,10 867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by affidavit under sub. (1) and the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, the heir shall give notice to the department of health and social services of his or her intent. The notice shall include the information in the affidavit under sub. (1) and the heir shall give the notice by certified mail, return receipt requested.

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

AB150,2316,17 867.03 (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 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, s. 7200 Section 7200. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

AB150,2317,2 867.035 (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AB150, s. 7201 Section 7201. 867.035 (1) (c) of the statutes is repealed.

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

AB150,2317,7 867.035 (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, s. 7203 Section 7203. 867.035 (2) of the statutes is amended to read:

AB150,2317,15 867.035 (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, s. 7204 Section 7204. 867.035 (3) of the statutes is amended to read:

AB150,2318,2 867.035 (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, s. 7205 Section 7205. 867.035 (4) of the statutes is amended to read:

AB150,2318,10 867.035 (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, s. 7206 Section 7206 . 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,2318,19 867.035 (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 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.

****Note: This is reconciled s. 867.035 (4). This Section has been affected by drafts with the following LRB numbers: -0881/2 and -2153/1.

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

AB150,2318,22 885.37 (4) (a) 1. In the supreme court or the court of appeals, the state director of state courts shall pay the expense.

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

AB150,2319,2 885.37 (4) (a) 2. In circuit court, the state director of state courts shall pay the expense.

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

AB150,2319,6 885.37 (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, s. 7210 Section 7210. 887.23 (1) of the statutes is amended to read:

AB150,2319,21 887.23 (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, s. 7211 Section 7211. 889.29 (1) of the statutes is amended to read:

AB150,2320,14 889.29 (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, s. 7212 Section 7212. 891.20 of the statutes is amended to read:

AB150,2321,9 891.20 Articles of incorporation, presumptions. Any charter or patent of incorporation which shall have been issued by the governor or, secretary of state or department of revenue, or both by any combination, to any corporation under any law of the state; any certificate of organization or association of any corporation or joint stock company; the articles of organization of a limited liability company; the articles of association or organization of any corporation, or a certified copy thereof, which shall have been filed or recorded in the office of the secretary of state or with the department of revenue, or recorded in the office of any register of deeds or filed or recorded in the office of any clerk of the circuit court under any law of the state; any certificate or resolution for the purpose of amendment, and every amendment in any form, of the charter, patent, certificate or articles of association or organization or of the name, corporate powers or purposes of any corporation or limited liability company, filed or recorded in either any of said the departments or offices and a certified copy of any such document so filed or recorded shall be received as conclusive evidence of the existence of the corporation, limited liability company or joint stock company mentioned therein, or of the due amendment of the charter, patent, certificate or articles of association or organization thereof in all cases where such facts are only collaterally involved; and as presumptive evidence thereof and of the facts therein stated in all other cases.

AB150, s. 7213 Section 7213. 893.19 (1) of the statutes is amended to read:

AB150,2322,3 893.19 (1) If a person is out of this state when the cause of action accrues against the person an action may be commenced within the terms of this chapter respectively limited after the person returns or removes to this state. But the foregoing provision shall not apply to any case where, at the time the cause of action accrues, neither the party against nor the party in favor of whom the same accrues is a resident of this state; and if, after a cause of action accrues against any person, he or she departs from and resides out of this state the time of absence is not any part of the time limited for the commencement of an action; provided, that no foreign corporation which files with the secretary of state department of revenue, or any other state official or body, pursuant to the requirements of any applicable statute of this state, an instrument appointing a registered agent as provided in ch. 180, a resident or any state official or body of this state, its attorney or agent, on whom, pursuant to such instrument or any applicable statute, service of process may be made in connection with such cause of action, is deemed a person out of this state within the meaning of this section for the period during which such appointment is effective, excluding from such period the time of absence from this state of any registered agent, resident agent or attorney so appointed who departs from and resides outside of this state.

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

AB150,2322,12 893.925 (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, s. 7215 Section 7215. 895.437 (1) (c) of the statutes is amended to read:

AB150,2322,15 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 101.22 106.04 (1m) (n).

AB150, s. 7216 Section 7216. 895.45 of the statutes is created to read:

AB150,2322,22 895.45 Sovereign immunity waived only by express provision. The sovereign immunity of this state from suit is waived and consent to suit is given only in those cases where suit is expressly authorized by law or is authorized by the constitution to be brought against the state. No powers, functions or source of funding provided by law to any instrumentality of this state which is engaged in a governmental function constitute such a waiver.

AB150, s. 7217 Section 7217. 895.48 (2) (e) of the statutes is created to read:

AB150,2323,2 895.48 (2) (e) A person is immune from civil liability for property damages resulting from his or her good faith act or omission in containing and stabilizing a discharge of oil into any navigable water if the act or omission was taken at the direction of one of the following:

AB150,2323,3 1. The national contingency plan prepared under 33 USC 1321 (d).

AB150,2323,4 2. The state contingency plan under s. 144.76 (5).

AB150,2323,6 3. The federal on-scene coordinator of the containment and stabilization of the oil discharge.

AB150,2323,7 4. The secretary of natural resources or his or her designee.

AB150, s. 7218 Section 7218. 895.48 (2) (f) of the statutes is created to read:

AB150,2323,9 895.48 (2) (f) The immunity under par. (e) does not extend to any person:

AB150,2323,11 1. Who is required to act under s. 144.76 (3) because the person possessed or controlled the oil that was discharged or caused the discharge of the oil.

AB150,2323,12 2. Whose act or omission involves reckless, wanton or intentional misconduct.

AB150, s. 7219 Section 7219. 895.52 (2) (a) 2. of the statutes is amended to read:

AB150,2323,15 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss. 23.115 (2) and 27.0137 (2).

AB150, s. 7220 Section 7220. 895.52 (3) (b) of the statutes is amended to read:

AB150,2323,21 895.52 (3) (b) An injury caused by a malicious act or by a malicious failure to warn against an unsafe condition of which an officer, employe or agent knew, which occurs on property designated by the department of natural resources under s. 23.115 or by the department of tourism and parks under s. 27.0137 or designated by another state agency for a recreational activity.

AB150, s. 7221 Section 7221. 895.53 (1) (am) of the statutes is created to read:

AB150,2323,24 895.53 (1) (am) "State park ranger" means a person appointed as a state park ranger by the department of tourism and parks under s. 27.92.

AB150, s. 7222 Section 7222. 895.53 (2) of the statutes is amended to read:

AB150,2324,5 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or, conservation warden or state park ranger for the purpose of determining the presence or quantity of alcohol, controlled substances or both is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

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

AB150,2324,14 895.65 (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, s. 7224 Section 7224. 904.085 (2) (a) of the statutes is amended to read:

AB150,2324,21 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation under s. 111.54, mediation of a labor dispute under s. 111.11, 111.70 (4) (cm) 3 or 111.87 subch. I, IV or V of ch. 111, negotiation under s. 144.445 (9), mediation under ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process facilitating the voluntary resolution of disputes. "Mediation" does not include binding arbitration or appraisal.

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

AB150,2325,5 905.15 (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, s. 7226 Section 7226. 939.632 of the statutes is created to read:

AB150,2325,7 939.632 Penalties; violent crime in a school zone. (1) In this section:

AB150,2325,11 (a) "School" means a public, parochial or private school that provides an educational program for one or more grades between grades 1 and 12 and that is commonly known as an elementary school, middle school, junior high school, senior high school or high school.

AB150,2325,12 (b) "School bus" means any of the following:

AB150,2325,15 1. A motor vehicle that is designed to carry 10 or more passengers in addition to the operator or a motor vehicle painted in accordance with s. 347.44 (1), and that is used for the purpose of transporting:

AB150,2325,18 a. Pupils to or from a public school, as defined in s. 115.01 (1), or a private school, as defined in s. 115.001 (3r), or pupils to or from a technical college whenever required to do so under s. 118.15 (1).

AB150,2325,19 b. Pupils to or from curricular or extracurricular activities.

AB150,2325,20 c. Pupils to or from religious instruction on days when school is in session.

AB150,2325,23 d. Children, as defined under s. 115.76 (2), with exceptional educational needs of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program approved by the department of public instruction.

AB150,2326,2 2. A motor vehicle that is painted in accordance with s. 347.44 (1) and is used for the purpose of transporting disabled persons, as defined in s. 85.21 (2) (cm), or elderly persons, as defined in s. 85.22 (2) (b), in connection with any transportation assistance program for elderly or disabled persons.

AB150,2326,5 3. A motor vehicle owned or operated by a parent or guardian transporting children if the school has contracted with or paid compensation to the parent or guardian for the transportation.

AB150,2326,7 4. A motor vehicle operated as an alternative method of transportation under s. 121.555.

AB150,2326,8 5. A motor bus operated for purposes specified in subd. 1. b.

AB150,2326,10 6. A motor vehicle operated in an urban mass transit system, as defined in s. 85.20 (1) (e) and (L), for any purpose under subd. 1. a. to d.

AB150,2326,13 (c) "School premises" means any school building, grounds, recreation area or athletic field or any other property owned, used or operated for school administration.

AB150,2326,14 (d) "School zone" means any of the following:

AB150,2326,15 1. On the premises of a school.

AB150,2326,16 2. Within 1,000 feet from the premises of a school.

AB150,2326,17 3. On a school bus.

AB150,2326,18 4. Within 1,000 feet of a school bus.

AB150,2326,21 (e) "Violent crime" means any crime specified in ch. 940 or in s. 941.20, 941.21, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.32, 946.43, 948.02, 948.025, 948.03, 948.055, 948.06 or 948.07.

AB150,2326,23 (2) If a person commits a violent crime in a school zone, the maximum period of imprisonment is increased as follows:

AB150,2326,25 (a) If the violent crime is a felony, the maximum period of imprisonment is increased by 5 years.

AB150,2327,3 (b) If the violent crime is a misdemeanor, the maximum period of imprisonment is increased by 6 months and the crime is changed in status from a misdemeanor to a felony.

AB150,2327,11 (3) (a) In addition to any other penalties that may apply to the crime under sub. (2), the court may require the person to complete 100 hours of community service work for a public agency or a nonprofit charitable organization. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned under an order under this paragraph has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.

AB150,2327,14 (b) The court shall not impose the requirement under par. (a) if the court determines that the person would pose a threat to public safety while completing the requirement.

AB150,2327,17 (4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).