AB40: Bill Text

AB40,981,6 (b) Living trusts. 1. Notwithstanding sub. (1) (a), if a settlor of a living trust, or if the predeceased spouse of a settlor of a living trust, at any time received any services provided as a benefit under a long-term care program, 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 trustee shall provide written notice to the department by registered or certified mail, within 30 days after the death of the settlor and before any property held in the trust is distributed. The notice shall include demographic information about the settlor and the settlor's predeceased spouse, if any, information about how to file a claim, a copy of the trust document, and documentation supporting the value of the trust on the settlor's date of death.

AB40,981,17 2. After the death of a settlor who, or whose predeceased spouse, received services, medical assistance, long-term community support services, or aid described in subd. 1., the department may recover under s. 46.27 (7g), 49.496, 49.682, or 49.849, from property held in the living trust immediately before the settlor's death, 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 settlor or the settlor's predeceased spouse. The deadline for the department to file a claim for recovery under this subdivision shall be the date that is 4 months after the date of the trustee's notice under subd. 1.

AB40,981,25 3. Within 90 days after receipt of a claim for recovery from the department, a trustee under subd. 1. shall pay to the department any amount that the department may recover under subd. 2. If the trustee distributes property from the trust before the department makes a claim to the trustee for the recovery of any amount specified in subd. 2., the trustee shall provide the department with information about the distributed property and to whom it was distributed or transferred. The department is entitled to recover any amounts specified in subd. 2. from the persons to whom the property was distributed or transferred.

AB40,982,9 (c) Special needs or pooled trusts. 1. Notwithstanding sub. (1) (a), within 30 days after the death of a beneficiary under a trust described in 42 USC 1396p (d) (4) (A) or (C), the trustee shall provide written notice to the department by registered or certified mail. The notice shall include demographic information about the decedent, information about how to file a claim, a copy of the trust document, and documentation supporting the value of the decedent's property held in the trust on the decedent's date of death. Within 90 days after receipt of a claim from the department, the trustee shall repay the department for any medical assistance paid on behalf of the decedent, as required under the terms of the trust.

AB40,982,15 2. If a trustee under subd. 1. fails to comply with the notice and repayment requirements under subd. 1., the trustee is personally liable to the department for any costs the department incurs in recovering medical assistance amounts paid on behalf of the decedent from property distributed from the trust before any repayment is made and for any recoverable amounts that the department is unable to recover from persons to whom the property was distributed.

AB40,982,20 3. After the death of a beneficiary under a trust described in 42 USC 1396p (d) (4) (C), the trustee may retain up to 30 percent of the balance in the decedent's account, unless the trustee fails to comply with the notice and repayment requirements under subd. 1., in which case the trustee may not retain any of the balance in the decedent's account.

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

AB40,983,6 705.04 (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.

AB40,2272 Section 2272. 710.01 of the statutes is amended to read:

AB40,983,14 710.01 Aliens may acquire lands. Subject to the limitations of s. 710.02 an An alien may acquire and hold lands or any right thereto or interest therein by purchase, devise, or descent, and the alien may convey, mortgage, and devise the same; and if the alien shall die intestate the same shall descend to the alien's heirs; and in all cases such lands shall be held, conveyed, mortgaged, or devised or shall descend in like manner and with like effect as if such alien were a native citizen of the state or of the United States.

AB40,2273 Section 2273. 710.02 of the statutes is repealed.

AB40,2274 Section 2274. 710.03 of the statutes is amended to read:

AB40,983,21 710.03 Provision not retroactive. The title to any lands conveyed before May 3, 1887, or any lands which nonresident aliens may hold under s. 710.02, 2011 stats., conveyed since that date and before the effective date of this section .... [LRB inserts date], shall not be questioned nor in any manner affected by reason of the alienage of any person from or through whom such title may have been derived.

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

AB40,984,3 766.55 (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).

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

AB40,984,15 767.511 (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:

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

AB40,984,25 767.511 (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, unless the department of administration approves the continuation of the lower rate.

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

AB40,985,13 767.531 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:

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

AB40,985,21 767.57 (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:

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

AB40,986,7 788.01 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).

AB40,2281 Section 2281. 813.12 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 266, is amended to read:

AB40,986,15 813.12 (8) (a) Whoever knowingly violates a temporary restraining order or injunction issued under sub. (3) or (4) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both, and may be subject to an order under s. 813.129 (1) (b). If the court issues an order under s. 813.129 (1) (b), the court shall report the violation to the department of corrections immediately upon the person's conviction.

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

AB40,986,23 813.125 (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, and may be subject to an order under s. 813.129 (1) (b). If the court issues an order under s. 813.129 (1) (b), the court shall report the violation to the department of corrections immediately upon the person's conviction.

AB40,2283 Section 2283. 813.129 (1) of the statutes, as created by 2011 Wisconsin Act 266, is repealed and recreated to read:

AB40,987,2 813.129 (1) A court may order a person to submit to global positioning system tracking if any of the following occurs:

AB40,987,4 (a) In a jurisdiction that has established a program under sub. (6), the court issues a temporary restraining order or injunction under s. 813.12 or 813.125.

AB40,987,6 (b) The person is convicted of knowingly violating a temporary restraining order or injunction issued under s. 813.12 or 813.125.

AB40,2284 Section 2284. 813.129 (5) of the statutes, as created by 2011 Wisconsin Act 266, is amended to read:

AB40,987,14 813.129 (5) If, after weighing the factors set forth under sub. (2), the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1) (b).

AB40,2285 Section 2285. 813.129 (6) of the statutes is created to read:

AB40,987,25 813.129 (6) A local unit of government, a law enforcement agency, or a tribal law enforcement agency may establish a global positioning tracking program for persons subject to a temporary restraining order or injunction under s. 813.12 or 813.125. A local unit of government, a law enforcement agency, or a tribal law enforcement agency may apply for a grant under s. 165.94 (1) to establish and administer a program established pursuant to this subsection. Any program established pursuant to this subsection shall comply with the guidelines established under s. 165.94 (2), regardless of whether the local unit of government, law enforcement agency, or tribal law enforcement agency receives a grant under s. 165.94 (1).

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

AB40,988,6 814.67 (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.

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

AB40,988,10 814.67 (1) (c) 1. (intro.) For witnesses a witness, the rate of 20 cents per mile. for either of the following:

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

AB40,988,14 814.67 (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.

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

AB40,988,20 814.67 (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.

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

AB40,989,2 814.67 (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.

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

AB40,989,4 814.75 (7) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).

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

AB40,989,6 814.76 (5) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).

AB40,2293 Section 2293. 852.03 (6) of the statutes is amended to read:

AB40,989,11 852.03 (6) Taking through or by alien. No person is disqualified from taking as an heir because the person or a person through whom he or she claims is not or at some time was not a U.S. citizen. The rights of an alien to acquire or hold land in the state are governed by ss. 710.01 to and 710.03.

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

AB40,989,18 859.02 (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

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

AB40,989,24 859.07 (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.

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

AB40,990,5 867.01 (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.

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

AB40,990,14 867.01 (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.

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

AB40,990,20 867.02 (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.

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

AB40,991,2 867.03 (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.

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

AB40,991,15 867.03 (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.

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

AB40,992,2 867.03 (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.

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

AB40,992,14 867.03 (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.

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

AB40,993,2 867.03 (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.

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

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

AB40,993,15 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:

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

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

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

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

AB40,2310 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:

AB40,993,25 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:

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

AB40,994,9 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.

AB40,2312 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:

AB40,994,17 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.

AB40,994,19 (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:

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

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