1995 Wisconsin Act 27

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 compensation contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 49.482 or 49.496 or a claim of the United States; or

27,7190bm Section 7190bm. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7190 and 7190b, is amended to read:

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 compensation contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 46.27 (7g), 49.482 or 49.496 or a claim of the United States; or

27,7190c Section 7190c. 859.02 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7190, 7190b and 7190bm, is amended to read:

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 compensation contributions due or benefits overpaid, a claim for funeral or administrative expenses, a claim of this state under s. 46.27 (7g), 49.482 or 49.496 or 49.682 or a claim of the United States; or

27,7191b Section 7191b. 859.07 (2) of the statutes is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).

27,7191bm Section 7191bm. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7191b, is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g).

27,7191c Section 7191c. 859.07 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7191b and 7191bm, is amended to read:

859.07 (2) If the decedent was at the time of death or at any time prior thereto a patient or inmate of any state or county hospital or institution or any person responsible for any obligation owing to the state or county under s. 46.03 (18), 46.10 or 48.36 or if the decedent or the spouse of the decedent ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the personal representative shall send notice in writing of the date set under s. 859.01 by registered or certified mail to the department of health and social services or the department of corrections, as applicable, and the county clerk of the applicable county not less than 30 days before the date set under s. 859.01, upon such blanks and containing such information as the applicable department or county clerk may provide. The applicable county is the county of residence, as defined in s. 49.01 (8g) 49.001 (6).

27,7193b Section 7193b. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7193bm Section 7193bm. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7193b, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7193c Section 7193c. 867.01 (3) (a) 4. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7193b and 7193bm, is amended to read:

867.01 (3) (a) 4. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7194b Section 7194b. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

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 medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7194bm Section 7194bm. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7194b, is amended to read:

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 medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7194c Section 7194c. 867.01 (3) (d) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7194b and 7194bm, is amended to read:

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 medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, the petitioner shall give notice by certified mail to the department of health and social services as soon as practicable after filing the petition with the court.

27,7195b Section 7195b. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7195bm Section 7195bm. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7195b, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7195c Section 7195c. 867.02 (2) (a) 6. of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7195b and 7195bm, is amended to read:

867.02 (2) (a) 6. Whether the decedent or the decedent's spouse received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7196 Section 7196 . 867.02 (2) (g) of the statutes is amended to read:

867.02 (2) (g) Order. If the court is satisfied that the estate may be settled by this section, after filing of the petition and proof of the will and after 30 days have elapsed since publication under par. (d), it shall decide all claims and assign the property to the creditors and persons interested who are entitled to it. The assignment shall be subject to the unknown rights of creditors or persons interested in the estate as limited in sub. (4). The court shall order any person indebted to or holding money or other property of the decedent to pay the indebtedness or deliver the property to the persons found to be entitled to receive it. It shall order the transfer of interests in real estate, stocks or bonds registered in the name of the decedent, the title of a licensed motor vehicle or any other form of property. If the decedent immediately prior to death had an estate for life or an interest as a joint tenant in any property in regard to which a certificate of termination under s. 867.04 has not been issued, the order shall set forth the termination of the life estate or the right of survivorship of any joint tenant. Every tract of real property in which an interest is assigned or terminated or which is security for a debt in which an interest is assigned or terminated shall be specifically described.

27,7197b Section 7197b. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 or aid under s. 49.48, 49.483 or 49.485.

27,7197bm Section 7197bm. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7197b, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485.

27,7197c Section 7197c. 867.03 (1) (c) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7197b and 7197bm, is amended to read:

867.03 (1) (c) Whether the decedent or the decedent's spouse ever received medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685.

27,7198b Section 7198b. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

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 or aid under s. 49.48, 49.483 or 49.485, 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.

27,7198bm Section 7198bm. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7198b, is amended to read:

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, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485, 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.

27,7198c Section 7198c. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7198b and 7198bm, is amended to read:

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, long-term community support services funded under s. 46.27 (7) or aid under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685, 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.

27,7199b Section 7199b. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

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

27,7199bm Section 7199bm. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7199b, is amended to read:

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

27,7199c Section 7199c. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7199b and 7199bm, is amended to read:

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

27,7199y Section 7199y. 867.035 (title) of the statutes is amended to read:

867.035 (title) Transfer by affidavit; recipients of medical assistance certain benefits.

27,7200 Section 7200 . 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437, is amended to read:

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:

27,7200b Section 7200b. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), section 7200, is amended to read:

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

27,7200bm Section 7200bm. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7200 and 7200b, is amended to read:

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

27,7200c Section 7200c. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin Act 437 and 1995 Wisconsin Act .... (this act), sections 7200, 7200b and 7200bm, is amended to read:

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

27,7201 Section 7201 . 867.035 (1) (c) of the statutes is repealed.

27,7202 Section 7202 . 867.035 (1) (d) of the statutes is amended to read:

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.).

27,7203 Section 7203 . 867.035 (2) of the statutes is amended to read:

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.

27,7204 Section 7204 . 867.035 (3) of the statutes is amended to read:

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.

27,7205 Section 7205 . 867.035 (4) of the statutes is amended to read:

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.

27,7206b Section 7206b. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 7205, is amended to read:

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

27,7206c Section 7206c. 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 7205 and 7206b, is amended to read:

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

27,7206g Section 7206g. 867.035 (4m) of the statutes is created to read:

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

27,7206m Section 7206m. 880.195 of the statutes is amended to read:

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

27,7206n Section 7206n. 880.331 (8) of the statutes is amended to read:

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

27,7207 Section 7207 . 885.37 (4) (a) 1. of the statutes is amended to read:

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

27,7208 Section 7208 . 885.37 (4) (a) 2. of the statutes is amended to read:

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

27,7209 Section 7209 . 885.37 (4) (a) 2m. of the statutes is created to read:

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.

27,7210 Section 7210 . 887.23 (1) of the statutes is amended to read:

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.

27,7211 Section 7211 . 889.29 (1) of the statutes is amended to read:

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.

27,7212b Section 7212b. 891.20 of the statutes is amended to read: