AB100-engrossed, s. 5201
6Section
5201. 867.03 (1) of the statutes is renumbered 867.03 (1g), and 867.03
7(1g) (intro.), as renumbered, is amended to read:
AB100-engrossed,2215,178
867.03
(1g) Generally. (intro.) When a decedent leaves solely owned property
9in this state which does not exceed $10,000 in value, any heir of the decedent
or
10person who was guardian of the decedent at the time of the decedent's death may
11collect any money due the decedent, receive the property of the decedent if it is not
12an interest in or lien on real property and have any evidence of interest, obligation
13to or right of the decedent transferred to the affiant upon furnishing the person owing
14the money, having custody of the property or acting as registrar or transfer agent of
15the evidences of interest, obligation to or right, with proof of prior mailed notice
16under sub. (1m) if applicable and with an affidavit in duplicate showing all of the
17following:
AB100-engrossed,2215,2019
867.03
(1c) Definition. In this section, "guardian" has the meaning given in
20s. 880.01 (3).
AB100-engrossed,2216,622
867.03
(1m) (a) Whenever an heir
or person who was guardian of the decedent
23at the time of the decedent's death intends to transfer a decedent's property by
24affidavit under sub.
(1) (1g) and the decedent or the decedent's spouse ever received
25medical assistance under subch. IV of ch. 49, long-term community support services
1funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685, the heir
or person
2who was guardian of the decedent at the time of the decedent's death shall give notice
3to the department of health and family services of his or her intent. The notice shall
4include the information in the affidavit under sub.
(1) (1g) and the heir
or person who
5was guardian of the decedent at the time of the decedent's death shall give the notice
6by certified mail, return receipt requested.
AB100-engrossed,2216,158
867.03
(1m) (b) An heir
or person who was guardian of the decedent at the time
9of the decedent's death who files an affidavit under sub.
(1) (1g) that states that the
10decedent or the decedent's spouse received medical assistance under subch. IV of ch.
1149, long-term community support services funded under s. 46.27 (7) or aid under s.
1249.68, 49.683 or 49.685 shall attach to the affidavit the proof of mail delivery of the
13notice required under par. (a) showing a delivery date that is not less than 10 days
14before the day on which the heir
or person who was guardian of the decedent at the
15time of the decedent's death files the affidavit.
AB100-engrossed,2216,2117
867.03
(2) Release of liability of transferor. Upon the transfer to the heir
18or person who was guardian of the decedent at the time of the decedent's death 19furnishing the affidavit with an attached proof of mail delivery if required under sub.
20(1m) (b), the transferor is released to the same extent as if the transfer had been made
21to the personal representative of the estate of the decedent.
AB100-engrossed, s. 5206
22Section
5206. 867.035 (1) (intro.) of the statutes is renumbered 867.035 (1) (a)
23(intro.) and amended to read:
AB100-engrossed,2217,924
867.035
(1) (a) (intro.)
The Except as provided in par. (bm), the department of
25health and family services may collect from the property
; except interests in or liens
1on real property; wearing apparel; jewelry; household furniture, furnishings and
2appliances; motor vehicles and recreational vehicles; of a decedent
, including funds
3of a decedent that are held by the decedent immediately before death in a joint
4account or a P.O.D. account, by affidavit under this section an amount equal to the
5medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
6community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
71. or the aid under s. 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2)
8(a) and that was paid on behalf of the decedent or the decedent's spouse, if all of the
9following conditions are satisfied:
AB100-engrossed, s. 5207
10Section
5207. 867.035 (1) (a), (am) and (b) of the statutes are renumbered
11867.035 (1) (a) 1., 2. and 3.
AB100-engrossed,2217,1413
867.035
(1) (bm) The department of health and family services may not collect
14by affidavit under this section from any of the following property of the decedent:
AB100-engrossed,2217,1515
1. Interests in or liens on real property.
AB100-engrossed,2217,1616
2. Wearing apparel and jewelry.
AB100-engrossed,2217,1717
3. Household furniture, furnishings and appliances.
AB100-engrossed,2217,1818
4. Motor vehicles and recreational vehicles.
AB100-engrossed, s. 5209
19Section
5209. 867.035 (1) (d) of the statutes is renumbered 867.035 (1) (a) 4.
20and amended to read:
AB100-engrossed,2217,2321
867.035
(1) (a) 4. The value of the solely owned property in this state left by the
22decedent, after payment of burial costs, does not exceed the amount under s. 867.03
23(1) (1g) (intro.).
AB100-engrossed,2218,6
1867.035
(2) A person who possesses property of a decedent shall transmit the
2property to the department of health and family services upon receipt of an affidavit
3by a person designated by the secretary of health and family services to administer
4this section showing that the conditions in sub. (1)
(a) are satisfied. Upon
5transmittal, the person is released from any obligation to other creditors or heirs of
6the decedent.
AB100-engrossed,2218,158
867.035
(4) From the appropriation under s. 20.435
(1) (5) (im), with respect
9to funds collected by the department under sub. (1) related to medical assistance paid
10on behalf of the decedent or the decedent's spouse, the department of health and
11family services shall pay claims under sub. (3), shall pay to the federal government
12from the amount recovered under this section and not paid out as claims under sub.
13(3) an amount equal to the amount of federal funds used to pay the benefits recovered
14under this section and shall spend the remainder of the amount recovered under this
15section for medical assistance benefits under subch. IV of ch. 49.
AB100-engrossed,2218,18
17885.237 (title)
Presumption
Presumptions as to operation and
18registration of motor vehicle.
AB100-engrossed,2219,221
885.237
(2) Notwithstanding s. 341.04, the fact that an automobile, station
22wagon or motor truck having a registered weight of 8,000 pounds or less is located
23on a highway, as defined in s. 340.01 (22), and is not displaying valid registration
24plates, a temporary operation plate or other evidence of registration as provided
1under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle
2is an unregistered or improperly registered vehicle.
AB100-engrossed,2219,174
887.23
(1) Who may require. The department of health and social services, the
5department of corrections, the
department of education
state superintendent of
6public instruction or the board of regents of the university of Wisconsin system may
7order the deposition of any witness to be taken concerning any institution under his,
8her or its government or superintendence, or concerning the conduct of any officer
9or agent thereof, or concerning any matter relating to the interests thereof. Upon
10presentation of a certified copy of such order to any municipal judge, notary public
11or court commissioner, the officer shall take the desired deposition in the manner
12provided for taking depositions to be used in actions. When any officer or agent of
13any institution is concerned and will be affected by the testimony, 2 days' written
14notice of the time and place of taking the deposition shall be given him or her. Any
15party interested may appear in person or by counsel and examine the witness
16touching the matters mentioned in the order. The deposition, duly certified, shall be
17delivered to the authority which ordered it.
AB100-engrossed,2219,22
19893.40 Action on judgment or decree; court of record. An Except as
20provided in s. 846.04 (2) and (3), action upon a judgment or decree of a court of record
21of any state or of the United States shall be commenced within 20 years after the
22judgment or decree is entered or be barred.
AB100-engrossed,2219,2524
893.80
(8) This section does not apply to actions commenced under s. 19.37
or, 2519.97
or 281.99.
AB100-engrossed,2220,152
895.035
(2m) (b) If a child fails to pay a forfeiture
or surcharge as ordered by
3a court assigned to exercise jurisdiction under chs. 48 and 938 or a
forfeiture as
4ordered by a municipal court or if it appears likely that the child will not pay the
5forfeiture
or surcharge as ordered, the representative of the public interest under s.
6938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law
7enforcement agency that issued the citation to the child may petition the court
8assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of
9the forfeiture
or surcharge unpaid by the child be entered and docketed as a
10judgment against the child and the parent with custody of the child and in favor of
11the county or appropriate municipality. A petition under this paragraph may be filed
12after the expiration of the dispositional order or sentence under which the forfeiture
13or surcharge is payable, but no later than one year after the expiration of the
14dispositional order or sentence or any extension of the dispositional order or
15sentence.
AB100-engrossed,2221,517
895.035
(2m) (bm) 1. Before issuing an order under par. (a) or (b), the court
18assigned to exercise jurisdiction under chs. 48 and 938 shall give the child and the
19parent notice of the intent to issue the order and an opportunity to be heard
20regarding the order. The court shall give the child and the parent an opportunity to
21present evidence as to the amount of the restitution
or
, forfeiture
or surcharge 22unpaid, but not as to the amount of the restitution
or
, forfeiture
or surcharge 23originally ordered. The court shall also give the child and the parent an opportunity
24to present evidence as to the reason for the failure to pay the restitution
or, forfeiture
25or surcharge and the ability of the child or the parent to pay the restitution
or,
1forfeiture
or surcharge. In considering the ability of the child or the parent to pay
2the restitution
or, forfeiture
or surcharge, the court may consider the assets, as well
3as the income, of the child or the parent and may consider the future ability of the
4child or parent to pay the restitution
or, forfeiture
or surcharge within the time
5specified in s. 893.40.
AB100-engrossed,2221,237
895.035
(2m) (c) The court assigned to exercise jurisdiction under chs. 48 and
8938 may order that the child perform community service work for a public agency or
9nonprofit charitable organization that is designated by the court in lieu of making
10restitution or paying the forfeiture
or surcharge. If the parent agrees to perform
11community service work in lieu of making restitution or paying the forfeiture
or
12surcharge, the court may order that the parent perform community service work for
13a public agency or a nonprofit charitable organization that is designated by the court.
14Community service work may be in lieu of restitution only if also agreed to by the
15public agency or nonprofit charitable organization and by the person to whom
16restitution is owed. The court may utilize any available resources, including any
17community service work program, in ordering the child or parent to perform
18community service work. The number of hours of community service work required
19may not exceed the number determined by dividing the amount owed on the
20restitution
or, forfeiture
or surcharge by the minimum wage established under ch.
21104 for adults in nonagriculture, nontipped employment. The court shall ensure that
22the child or parent is provided with a written statement of the terms of the
23community service order and that the community service order is monitored.
AB100-engrossed,2222,4
1895.055
(3) This section does not apply to any promise, agreement, note, bill,
2bond, mortgage, conveyance or other security that is permitted under chs.
561 562 3to 569 or under state or federal laws relating to the conduct of gaming on Indian
4lands.
AB100-engrossed,2222,86
895.056
(4) This section does not apply to any property that is permitted to be
7played, bet or wagered under chs.
561 562 to 569 or under state or federal laws
8relating to the conduct of gaming on Indian lands.
AB100-engrossed,2222,1510
895.483
(1) A regional emergency response team, a member of such a team, and
11a local agency, as defined in s. 166.22 (1) (c), that contracts with the
state emergency
12response board division of emergency management in the department of military
13affairs for the provision of a regional emergency response team, are immune from
14civil liability for acts or omissions related to carrying out responsibilities under a
15contract under s. 166.215 (1).
AB100-engrossed,2222,2217
895.57
(3) Subsection (2) does not apply to any humane officer, local health
18officer, peace officer, employe of the department of natural resources while on any
19land licensed under s.
29.52, 29.573, 29.574, 29.575 or 29.578 or designated as a
20wildlife refuge under s. 29.57 (1) or employe of the department of agriculture, trade
21and consumer protection if the officer's or employe's acts are in good faith and in an
22apparently authorized and reasonable fulfillment of his or her duties.
AB100-engrossed,2223,324
938.02
(2m) "Court", when used without further qualification, means the court
25assigned to exercise jurisdiction under this chapter and ch. 48 or, when used with
1reference to a juvenile who is subject to s. 938.183
(2), a court of criminal jurisdiction
2or, when used with reference to a juvenile who is subject to s. 938.17 (2), a municipal
3court.
AB100-engrossed,2223,95
938.02
(10) "Judge", if used without further qualification, means the judge of
6the court assigned to exercise jurisdiction under this chapter and ch. 48 or, if used
7with reference to a juvenile who is subject to s. 938.183
(2), the judge of the court of
8criminal jurisdiction or, when used with reference to a juvenile who is subject to s.
9938.17 (2), the judge of the municipal court.
AB100-engrossed,2223,2511
938.06
(1) (a) 1. In counties with a population of 500,000 or more, the county
12board of supervisors shall provide the court with the services necessary for
13investigating and supervising cases
under this chapter by operating a children's
14court center under the supervision of a director who is appointed as provided in s.
1546.21 (1m) (a). The director is the chief administrative officer of the center and of the
16intake and probation sections and secure detention facilities of the center except as
17otherwise provided in this subsection. The director is charged with administration
18of the personnel and services of the sections and of the secure detention facilities, and
19is responsible for supervising both the operation of the physical plant and the
20maintenance and improvement of the buildings and grounds of the center. The
21center shall include investigative services for all juveniles alleged to be in need of
22protection or services to be provided by the county department
, and. The center shall
23also include the services of an assistant district attorney or assistant corporation
24counsel or both, who shall be assigned to the center to provide investigative as well
25as legal work in the cases
under this chapter and ch. 48.
AB100-engrossed,2224,82
938.06
(1) (a) 2. The chief judge of the judicial administrative district shall
3formulate written judicial policy governing intake and court services for juvenile
4matters
under this chapter and the director shall be charged with executing the
5judicial policy. The chief judge shall direct and supervise the work of all personnel
6of the court, except the work of the district attorney or corporation counsel assigned
7to the court. The chief judge may delegate his or her supervisory functions under s.
8938.065 (1).
AB100-engrossed,2224,1610
938.06
(1) (am) 1. All intake workers
beginning providing services under this
11chapter who begin employment after May 15, 1980, shall have the qualifications
12required to perform entry level social work in a county department and shall have
13successfully completed 30 hours of intake training approved or provided by the
14department prior to the completion of the first 6 months of employment in the
15position. The department shall monitor compliance with this subdivision according
16to rules promulgated by the department.
AB100-engrossed,2224,2018
938.06
(1) (am) 2. The department shall make training programs available
19annually that permit intake workers
providing services under this chapter to satisfy
20the requirements specified under subd. 1.
AB100-engrossed,2225,722
938.06
(2) (a) In counties having less than 500,000 population, the county
23board of supervisors shall authorize the county department or court or both to
24provide intake services required by s. 938.067 and the staff needed to carry out the
25objectives and provisions of this chapter under s. 938.069. Intake services
under this
1chapter shall be provided by employes of the court or county department and may
2not be subcontracted to other individuals or agencies, except as provided in par. (am).
3Intake workers shall be governed in their intake work, including their
4responsibilities for recommending the filing of a petition and entering into a deferred
5prosecution agreement, by general written policies which shall be formulated by the
6circuit judges for the county, subject to the approval of the chief judge of the judicial
7administrative district.
AB100-engrossed,2225,129
938.06
(2) (am) 1. Notwithstanding par. (a), any county which had intake
10services
under this chapter subcontracted from the county sheriff's department on
11April 1, 1980, may continue to subcontract
those intake services from the county
12sheriff's department.
AB100-engrossed,2225,2314
938.06
(2) (am) 2. Notwithstanding par. (a), any county in which the county
15sheriff's department operates a secure detention facility may subcontract intake
16services
under this chapter from the county sheriff's department as provided in this
17subdivision. If a county subcontracts intake services
under this chapter from the
18county sheriff's department, employes of the county sheriff's department who staff
19the secure detention facility may make secure custody determinations under s.
20938.208 between the hours of 6 p.m. and 6 a.m. and any determination under s.
21938.208 made by an employe of the county sheriff's department shall be reviewed by
22an intake worker employed by the court or county department within 24 hours after
23that determination is made.
AB100-engrossed,2226,11
1938.06
(2) (b) 1. All intake workers
beginning providing services under this
2chapter who begin employment after May 15, 1980, excluding county sheriff's
3department employes who provide intake services under par. (am) 2., shall have the
4qualifications required to perform entry level social work in a county department.
5All intake workers
beginning providing services under this chapter who begin 6employment after May 15, 1980, including county sheriff's department employes
7who provide intake services under par. (am) 2., shall have successfully completed 30
8hours of intake training approved or provided by the department prior to the
9completion of the first 6 months of employment in the position. The department shall
10monitor compliance with this subdivision according to rules promulgated by the
11department.
AB100-engrossed,2226,1513
938.06
(2) (b) 2. The department shall make training programs available
14annually that permit intake workers
providing services under this chapter to satisfy
15the requirements specified under subd. 1.
AB100-engrossed,2226,2017
938.183
(1m) (c) If the juvenile is convicted of a lesser offense and if any of the
18conditions specified in
s. 938.183 (2) (a) 1. or 2.
sub. (2) (a) or (b) applies, the court
19of criminal jurisdiction may impose a criminal penalty or a disposition specified in
20s. 938.34.
AB100-engrossed, s. 5243
22Section
5243. 938.183 (2) (b) of the statutes is renumbered 938.183 (3) and
23amended to read:
AB100-engrossed,2227,524
938.183
(3) When a juvenile who is subject to a criminal penalty under
par. (a) 25sub. (1m) or (2) attains the age of 17 years, the department may place the juvenile
1in a state prison named in s. 302.01.
If a juvenile who is subject to a criminal penalty
2under sub. (1m) or (2) is 15 years of age or over, the department may transfer the
3juvenile to the Racine youthful offender correctional facility named in s. 302.01 as
4provided in s. 938.357 (4) (d). A juvenile who is subject to a criminal penalty under
5par. (a) sub. (1m) or (2) is eligible for parole under s. 304.06.
AB100-engrossed,2227,138
938.183
(4) If the juvenile is placed outside the juvenile's home under this
9subsection section, the order shall contain, a designation of the amount of support,
10if any, to be paid by the juvenile's parent, guardian or trustee, specifying that the
11support obligation begins on the date of the placement, or a referral to the county
12designee child support agency under s.
59.07 (97) 59.53 (5) for establishment of child
13support.
AB100-engrossed,2227,2115
938.22
(1) (a) The county board of supervisors may establish a secure detention
16facility or a shelter care facility or both or the county boards of supervisors for 2 or
17more counties may jointly establish a secure detention facility or a shelter care
18facility or both in accordance with ss. 46.16, 46.20 and 301.36.
A private entity may
19establish a secure detention facility in accordance with ss. 301.36 and 301.37 and
20contract with one or more county boards of supervisors under s. 938.222 for holding
21juveniles in the private secure detention facility.
AB100-engrossed,2228,423
938.22
(1) (b) Subject to sub. (3) (ar), in counties having a population of less
24than 500,000, the nonjudicial operational policies of
the a public secure detention
25facility or shelter care facility shall be determined by the county board of supervisors
1or, in the case of a
public secure detention facility or shelter care facility established
2by 2 or more counties, by the county boards of supervisors for the 2 or more counties
3jointly. Those policies shall be executed by the superintendent appointed under sub.
4(3) (a).
AB100-engrossed,2228,106
938.22
(1) (c) In counties having a population of 500,000 or more, the
7nonjudicial operational policies of
the a public secure detention facility and the
8detention section of the
juvenile delinquency children's court center shall be
9established by the county board of supervisors, and the execution thereof shall be the
10responsibility of the director of the children's court center.
AB100-engrossed,2228,1512
938.22
(1) (d) The nonjudicial operational policies of a private secure detention
13facility shall be established by the private entity operating the secure detention
14facility. Those policies shall be executed by the superintendent appointed under sub.
15(3) (bm).
AB100-engrossed,2229,317
938.22
(2) (a) Counties shall submit plans for the secure detention facility or
18juvenile portion of the county jail to the department of corrections and submit plans
19for the shelter care facility to the department of health and family services.
A private
20entity that proposes to establish a secure detention facility shall submit plans for the
21secure detention facility to the department of corrections. The applicable
22department shall review the submitted plans.
The counties A county or a private
23entity may not implement any such plan unless the applicable department has
24approved the plan. The department of corrections shall promulgate rules
25establishing minimum requirements for the approval of the operation of secure
1detention facilities and the juvenile portion of county jails. The plans and rules shall
2be designed to protect the health, safety and welfare of the juveniles in these
3facilities.