Amendment ASA1-AB40

AB40-ASA1,2271 Section 2271. 705.04 (2g) of the statutes is amended to read:

AB40-ASA1,1207,7 705.04 (2g) Notwithstanding subs. (1) and (2), the department of health services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685 that is recoverable under s. 49.682 (2) (a), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse or an amount equal to the family care benefit under s. 46.286 that is recoverable under rules promulgated under s. 46.286 (7) and that was paid on behalf of the decedent or the decedent's spouse.

AB40-ASA1,2271m Section 2271m. 707.28 (3) (f) 2. b. of the statutes is amended to read:

AB40-ASA1,1207,14 707.28 (3) (f) 2. b. If no party held a lien or security interest junior to that of the foreclosing entity, or if all parties holding junior liens or security interests have been paid, any surplus shall be paid to the former time-share owner. If the foreclosing entity is unable to locate the former time-share owner within one year after the foreclosure sale, the foreclosing entity shall deliver the surplus to the state treasurer secretary of revenue as provided under ch. 177.

AB40-ASA1,2274m Section 2274m. 765.15 of the statutes is amended to read:

AB40-ASA1,1208,2 765.15 Fee to county clerk. Each county clerk shall receive as a fee for each license granted the sum of $49.50, of which $24.50 shall become a part of the funds of the county, and $25 shall be paid into the state treasury. The county shall use $20 of the amount that it retains from each license fee only for expenses incurred under s. 767.405. The county may, but is not required to, use any or all of the remainder of the amount that it retains for education, training, or services related to domestic violence. Each county board may increase the license fee of $49.50 by any amount, which amount shall become a part of the funds of the county. The clerk shall also receive a standard notary fee of 50 cents for each license granted which may be retained by the clerk if operating on a fee or part fee basis, but which otherwise shall become part of the funds of the county.

AB40-ASA1,2275 Section 2275. 766.55 (2) (bm) of the statutes is created to read:

AB40-ASA1,1208,9 766.55 (2) (bm) An obligation incurred by a spouse that is recoverable under s. 46.27 (7g), 49.496, 49.682, or 49.849 may be satisfied from all property that was the property of that spouse immediately before that spouse's death and from all property that was marital property at any time within 5 years before that spouse applied for public assistance, as defined in s. 49.849 (1) (e), or while that spouse was eligible for public assistance, as defined in s. 49.849 (1) (e).

AB40-ASA1,2276 Section 2276. 767.511 (6) (intro.) of the statutes is amended to read:

AB40-ASA1,1208,21 767.511 (6) Interest on arrearage. (intro.) A Subject to sub. (6m), a party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If Subject to sub. (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:

AB40-ASA1,2277 Section 2277. 767.511 (6m) of the statutes is created to read:

AB40-ASA1,1209,18 767.511 (6m) Pilot program on interest rate. The department may conduct a pilot program under which the interest that accrues on the amounts in arrears specified in sub. (6) and in s. 767.531 shall be at the rate of 0.5 percent per month instead of 1 percent per month. If the department conducts a pilot program under this subsection, the program may begin at any time after December 31, 2013, but shall end on June 30, 2015, and the new rate shall apply to interest that accrues during that time. At the end of the pilot program, if any, the interest rate shall revert to 1 percent per month, except that the department may request to extend the lower interest rate by submitting a proposal to the joint committee on finance. Any proposal to extend the lower interest rate submitted by the department shall include information showing the amount of the reduction in arrears owed, and the increase in the number and dollar amount of payments received towards arrears, due to the lower interest rate. If the department submits a proposal to extend the lower interest rate and the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the proposal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented. If, within 14 working days after the date that the department submits a proposal to extend the lower interest rate, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented only upon approval of the committee.

AB40-ASA1,2278 Section 2278. 767.531 (intro.) of the statutes is amended to read:

AB40-ASA1,1210,6 767.531 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.511 and maintenance payment orders under s. 767.56. A Subject to s. 767.511 (6m), a party ordered to pay family support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If Subject to s. 767.511 (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m), the department or its designee shall apply all payments received for family support as follows:

AB40-ASA1,2279 Section 2279. 767.57 (1m) (intro.) of the statutes is amended to read:

AB40-ASA1,1210,14 767.57 (1m) Overpayment. (intro.) Notwithstanding ss. 767.511 (6) and 767.531, if If the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and the department or its designee determines that the excess amount is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

AB40-ASA1,2279m Section 2279m. 770.17 of the statutes is amended to read:

AB40-ASA1,1211,3 770.17 Fees to county clerk. Each county clerk shall receive as a fee for each declaration of domestic partnership issued and for each certificate of termination of domestic partnership issued the same amount that the clerk receives for issuing a marriage license under s. 765.15. Of the amount that the clerk receives under this section, the clerk shall pay into the state treasury the same amount that the clerk pays into the state treasury from the fee collected for issuing a marriage license. The remainder shall become a part of the funds of the county. For each declaration of domestic partnership issued and for each certificate of termination of domestic partnership issued, the clerk shall also receive a standard notary fee in the same amount that the clerk receives as a standard notary fee in connection with issuing a marriage license and that may be retained by the clerk if the clerk is operating on a fee or part-fee basis but which otherwise shall become part of the funds of the county.

AB40-ASA1,2280 Section 2280. 788.01 of the statutes is amended to read:

AB40-ASA1,1211,14 788.01 Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an agreement in writing between 2 or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 101.143 292.63 (6s) or 230.44 (4) (bm).

AB40-ASA1,2282 Section 2282. 813.125 (7) of the statutes, as affected by 2011 Wisconsin Act 266, is amended to read:

AB40-ASA1,1211,19 813.125 (7) Penalty. Whoever violates a temporary restraining order or injunction issued under this section shall be fined not more than $10,000 or imprisoned not more than 90 days 9 months or both.

AB40-ASA1,2283g Section 2283g. 813.129 (3) (a) of the statutes, as created by 2011 Wisconsin Act 266, is renumbered 813.129 (3).

AB40-ASA1,2283r Section 2283r. 813.129 (3) (b) of the statutes, as created by 2011 Wisconsin Act 266, is repealed.

AB40-ASA1,2285m Section 2285m. 814.605 of the statutes is created to read:

AB40-ASA1,1212,6 814.605 Criminal actions; bail bond fees. Whenever a person who is released under s. 969.02 or 969.03 uses a surety that is a bail bond agent or bail bond agency that is licensed under s. 440.282 (1) or (2), the bail bond agent or bail bond agency that posted the bond shall, at the time the bail bond is posted, pay to the clerk of circuit court a fee equal to 3 percent of the bail bond amount. The clerk of circuit court shall retain the fee paid under this section for the use of the county.

AB40-ASA1,2286 Section 2286. 814.67 (1) (c) (intro.) of the statutes is renumbered 814.67 (1) (c) 1. a. and amended to read:

AB40-ASA1,1212,12 814.67 (1) (c) 1. a. For traveling, going and returning Traveling from his or her residence if within the state; or, if without the state, from the point where he or she crosses the state boundary to the place of attendance, and returning by the usually traveled route between such points: if his or her residence is within the state.

AB40-ASA1,2287 Section 2287. 814.67 (1) (c) 1. of the statutes is renumbered 814.67 (1) (c) 1. (intro.) and amended to read:

AB40-ASA1,1212,16 814.67 (1) (c) 1. (intro.) For witnesses a witness, the rate of 20 cents per mile. for either of the following:

AB40-ASA1,2288 Section 2288. 814.67 (1) (c) 1. b. of the statutes is created to read:

AB40-ASA1,1212,20 814.67 (1) (c) 1. b. Traveling from the point where he or she crosses the state boundary to the place of attendance and returning by the usually traveled route between such points if his or her residence is outside the state.

AB40-ASA1,2289 Section 2289. 814.67 (1) (c) 2. of the statutes is renumbered 814.67 (1) (c) 2. a. and amended to read:

AB40-ASA1,1213,2 814.67 (1) (c) 2. a. For interpreters Except as provided in subd. 2. b., for an interpreter, the mileage rate set under s. 20.916 (8) for traveling from his or her residence to the place of attendance and returning by the usually traveled route between such points.

AB40-ASA1,2290 Section 2290. 814.67 (1) (c) 2. b. of the statutes is created to read:

AB40-ASA1,1213,8 814.67 (1) (c) 2. b. For an interpreter traveling to the place of attendance from his or her place of residence outside the state, the number of miles between the interpreter's residence and the point at which he or she crosses the state boundary for which the interpreter may receive reimbursement under this subdivision may not exceed 100 miles each way, following the usually traveled route between such points.

AB40-ASA1,2291 Section 2291. 814.75 (7) of the statutes is amended to read:

AB40-ASA1,1213,10 814.75 (7) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).

AB40-ASA1,2291m Section 2291m. 814.75 (8r) of the statutes is created to read:

AB40-ASA1,1213,12 814.75 (8r) The crime prevention funding board surcharge under s. 973.0455.

AB40-ASA1,2292 Section 2292. 814.76 (5) of the statutes is amended to read:

AB40-ASA1,1213,14 814.76 (5) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).

AB40-ASA1,2293m Section 2293m. 814.76 (5m) of the statutes is created to read:

AB40-ASA1,1213,16 814.76 (5m) The crime prevention funding board surcharge under s. 973.0455.

AB40-ASA1,2294 Section 2294. 859.02 (2) (a) of the statutes is amended to read:

AB40-ASA1,1213,23 859.02 (2) (a) It is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift, or death taxes, or on unemployment insurance contributions due or benefits overpaid; a claim for funeral or administrative expenses; a claim of this state under s. 46.27 (7g), 49.496 or, 49.682, or rules promulgated under s. 46.286 (7) 49.849; or a claim of the United States; or

AB40-ASA1,2295 Section 2295. 859.07 (2) (a) 3. of the statutes is amended to read:

AB40-ASA1,1214,5 859.07 (2) (a) 3. The decedent or the decedent's spouse received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685.

AB40-ASA1,2295d Section 2295d. 863.37 (2) (a) of the statutes is amended to read:

AB40-ASA1,1214,15 863.37 (2) (a) Whenever payment of a legacy or a distributive share cannot be made to the person entitled to payment or it appears that the person may not receive or have the opportunity to obtain payment, the court may, on petition of a person interested or on its own motion, order that the funds be paid or delivered to the state treasurer secretary of revenue for deposit as provided under s. 177.23. Claims on the funds may be made under s. 863.39 within 10 years after the date of publication under s. 177.18. When a claimant to the funds resides outside the United States or its territories the court may require the personal appearance of the claimant before the court.

AB40-ASA1,2295h Section 2295h. 863.39 (1) of the statutes is amended to read:

AB40-ASA1,1214,21 863.39 (1) Generally. If any legacy or intestate property is not claimed by the distributee within 120 days after entry of final judgment, or within the time designated in the judgment, it shall be converted into money as close to the inventory value as possible and paid to the state treasurer secretary of revenue for deposit as provided under s. 177.23. Claims for the money shall be made under sub. (3).

AB40-ASA1,2295p Section 2295p. 863.39 (3) (title) of the statutes is amended to read:

AB40-ASA1,1214,23 863.39 (3) (title) Recovery of money from state treasurer.

AB40-ASA1,2295t Section 2295t. 863.39 (3) (a) of the statutes is amended to read:

AB40-ASA1,1215,15 863.39 (3) (a) Within 10 years after the date of publication under s. 177.18, any person claiming any amount deposited under sub. (1) may file in the probate court in which the estate was settled a petition alleging the basis of his or her claim. The court shall order a hearing upon the petition, and 20 days' notice of the hearing and a copy of the petition shall be given by the claimant to the department of revenue and to the attorney general, who may appear for the state at the hearing. If the claim is established it shall be allowed without interest, but including any increment which may have occurred on securities held, and the court shall so certify to the department of administration, which shall audit the claim. The state treasurer secretary of revenue shall pay the claim out of the appropriation under s. 20.585 (1) 20.566 (4) (j). Before issuing the order distributing the estate, the court shall issue an order determining the death tax due, if any. If real property has been adjudged to escheat to the state under s. 852.01 (3) the probate court which made the adjudication may adjudge at any time before title has been transferred from the state that the title shall be transferred to the proper owners under this subsection.

AB40-ASA1,2296 Section 2296. 867.01 (3) (am) 4. of the statutes is amended to read:

AB40-ASA1,1215,21 867.01 (3) (am) 4. Whether the decedent or the decedent's spouse received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

AB40-ASA1,2297 Section 2297. 867.01 (3) (d) of the statutes is amended to read:

AB40-ASA1,1216,5 867.01 (3) (d) Notice. The court may hear the matter without notice or order notice to be given under s. 879.03. If the decedent or the decedent's spouse received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, the petitioner shall give notice by certified mail to the department of health services as soon as practicable after filing the petition with the court.

AB40-ASA1,2298 Section 2298. 867.02 (2) (am) 6. of the statutes is amended to read:

AB40-ASA1,1216,11 867.02 (2) (am) 6. Whether the decedent or the decedent's spouse received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685.

AB40-ASA1,2299 Section 2299. 867.03 (1g) (c) of the statutes is amended to read:

AB40-ASA1,1216,17 867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.68, 49.683 or 49.685.

AB40-ASA1,2300 Section 2300. 867.03 (1m) (a) of the statutes is amended to read:

AB40-ASA1,1217,5 867.03 (1m) (a) Whenever an heir, trustee, or person who was guardian of the decedent at the time of the decedent's death intends to transfer a decedent's property by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death shall give notice to the department of health services of his or her intent. The notice shall include the information in the affidavit under sub. (1g) and the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death shall give the notice by certified mail, return receipt requested.

AB40-ASA1,2301 Section 2301. 867.03 (1m) (b) of the statutes is amended to read:

AB40-ASA1,1217,16 867.03 (1m) (b) An heir, trustee, or person who was guardian of the decedent at the time of the decedent's death who files an affidavit under sub. (1g) that states that the decedent or the decedent's spouse received the family care benefit under s. 46.286 services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 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 the delivery date that is not less than 10 days before the day on which the heir, trustee, or person who was guardian of the decedent at the time of the decedent's death files the affidavit.

AB40-ASA1,2302 Section 2302. 867.03 (2g) of the statutes is renumbered 867.03 (2g) (a) and amended to read:

AB40-ASA1,1218,3 867.03 (2g) (a) By accepting the decedent's property under this section the heir, trustee, or guardian assumes a duty to apply the property transferred for the payment of obligations according to priorities established under s. 859.25 and to distribute any balance to those persons designated in the appropriate governing instrument, as defined in s. 854.01, of the decedent or if there is no governing instrument, according to the rules of intestate succession under ch. 852, subject to par. (b). An heir or guardian may publish a notice to creditors in the same manner and with the same effect as a trustee under s. 701.065. This subsection paragraph does not prohibit any appropriate person from requesting administration of the decedent's estate under s. 856.07 or ch. 865.

AB40-ASA1,2303 Section 2303. 867.03 (2g) (b) of the statutes is created to read:

AB40-ASA1,1218,15 867.03 (2g) (b) Property transferred under this section to or by an heir, trustee, or guardian is subject to the right of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, or 49.685 that is recoverable under s. 49.682 (2) (a), or an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse. Upon request, the heir, trustee, or guardian shall provide to the department of health services information about any of the decedent's property that the heir, trustee, or guardian has distributed and information about the persons to whom the property was distributed.

AB40-ASA1,2304 Section 2304. 867.035 (title) of the statutes is repealed.

AB40-ASA1,2305 Section 2305. 867.035 (1) (a) (intro.) of the statutes is renumbered 49.849 (2) (a) (intro.) and amended to read:

AB40-ASA1,1219,3 49.849 (2) (a) (intro.) Subject to par. (bm) (b), the department of health services may collect from the property of a decedent, including funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, by affidavit under sub. (2) (3) (b) or by lien under sub. (2m) (4) (a) 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., the family care benefit that is recoverable under rules promulgated under s. 46.286 (7), or the aid under s. 49.68, 49.683, or 49.685 that is recoverable under s. 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:

AB40-ASA1,2306 Section 2306. 867.035 (1) (a) 1. of the statutes is repealed.

AB40-ASA1,2307 Section 2307. 867.035 (1) (a) 2. of the statutes is renumbered 49.849 (2) (a) 1.

AB40-ASA1,2308 Section 2308. 867.035 (1) (a) 3. of the statutes is renumbered 49.849 (2) (a) 2.

AB40-ASA1,2309 Section 2309. 867.035 (1) (a) 4. of the statutes is repealed.

AB40-ASA1,2310 Section 2310. 867.035 (1) (bm) of the statutes is renumbered 49.849 (2) (b), and 49.849 (2) (b) (intro.), as renumbered, is amended to read:

AB40-ASA1,1219,13 49.849 (2) (b) (intro.) The department of health services shall reduce the amount of its recovery under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the decedent's heirs or beneficiaries under the decedent's will to retain the following personal property of the decedent:

AB40-ASA1,2311 Section 2311. 867.035 (2) of the statutes is renumbered 49.849 (3) (b) and amended to read:

AB40-ASA1,1219,22 49.849 (3) (b) A person who possesses or receives property of a decedent shall transmit the property to the department of health services, if the conditions in sub. (1) (a) 1. to 4. (2) (a) 1. and 2. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health services to administer this section showing that the department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub. (1) (2) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

AB40-ASA1,2312 Section 2312. 867.035 (2m) (a) of the statutes is renumbered 49.849 (4) (a), and 49.849 (4) (a) (intro.), as renumbered, is amended to read:

AB40-ASA1,1220,6 49.849 (4) (a) (intro.) If the conditions condition in sub. (1) (a) 1., 2., and 4. are (2) (a) 1. is satisfied, the department of health services shall have a lien in the amount that it may recover under sub. (1) (2) (a) on any interest in the decedent's any property of the decedent that is real property, including a home, as defined in s. 49.496 (1) (b), transferred under s. 867.03 (1g). The department may record the lien in the office of the register of deeds of the county in which the real property is located.

AB40-ASA1,1220,8 (b) The department may enforce the a lien under par. (a) by foreclosure in the same manner as a mortgage on real property, unless any of the following is alive:

AB40-ASA1,2313 Section 2313. 867.035 (2m) (b) of the statutes is repealed.

AB40-ASA1,2314 Section 2314. 867.035 (3) of the statutes is renumbered 49.849 (5) and amended to read:

AB40-ASA1,1220,21 49.849 (5) Other valid claims. If a person has a valid claim against the decedent's estate property of the decedent that would have a higher priority under s. 859.25 (1) if the estate were administered property were subject to administration than the department of health 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 property was transmitted to the department, the department shall pay to the person the value of the property collected under sub. (2) (3) or the amount of the claim, whichever is less. The department 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.