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).
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
.
20,2285m
Section 2285m. 814.605 of the statutes is created to read:
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.
20,2286
Section
2286. 814.67 (1) (c) (intro.) of the statutes is renumbered 814.67 (1) (c) 1. a. and amended to read:
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.
20,2287
Section
2287. 814.67 (1) (c) 1. of the statutes is renumbered 814.67 (1) (c) 1. (intro.) and amended to read:
814.67 (1) (c) 1. (intro.) For witnesses a witness, the rate of 20 cents per mile. for either of the following:
20,2288
Section
2288. 814.67 (1) (c) 1. b. of the statutes is created to read:
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.
20,2289
Section
2289. 814.67 (1) (c) 2. of the statutes is renumbered 814.67 (1) (c) 2. a. and amended to read:
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.
20,2290
Section
2290. 814.67 (1) (c) 2. b. of the statutes is created to read:
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.
20,2291
Section
2291. 814.75 (7) of the statutes is amended to read:
814.75 (7) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
20,2291m
Section 2291m. 814.75 (8r) of the statutes is created to read:
814.75 (8r) The crime prevention funding board surcharge under s. 973.0455.
20,2292
Section
2292. 814.76 (5) of the statutes is amended to read:
814.76 (5) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
20,2293m
Section 2293m. 814.76 (5m) of the statutes is created to read:
814.76 (5m) The crime prevention funding board surcharge under s. 973.0455.
20,2294
Section
2294. 859.02 (2) (a) of the statutes 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 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
20,2295
Section
2295. 859.07 (2) (a) 3. of the statutes is amended to read:
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.
20,2295d
Section 2295d. 863.37 (2) (a) of the statutes is amended to read:
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.
20,2295h
Section 2295h. 863.39 (1) of the statutes is amended to read:
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).
20,2295p
Section 2295p. 863.39 (3) (title) of the statutes is amended to read:
863.39 (3) (title) Recovery of money
from state treasurer.
20,2295t
Section 2295t. 863.39 (3) (a) of the statutes is amended to read:
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.
20,2296
Section
2296. 867.01 (3) (am) 4. of the statutes is amended to read:
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.
20,2297
Section
2297. 867.01 (3) (d) of the statutes 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 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.
20,2298
Section
2298. 867.02 (2) (am) 6. of the statutes is amended to read:
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.
20,2299
Section
2299. 867.03 (1g) (c) of the statutes is amended to read:
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.
20,2300
Section
2300. 867.03 (1m) (a) of the statutes is amended to read:
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.
20,2301
Section
2301. 867.03 (1m) (b) of the statutes is amended to read:
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.
20,2302
Section
2302. 867.03 (2g) of the statutes is renumbered 867.03 (2g) (a) and amended to read:
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.
20,2303
Section
2303. 867.03 (2g) (b) of the statutes is created to read:
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.
20,2304
Section
2304. 867.035 (title) of the statutes is repealed.
20,2305
Section
2305. 867.035 (1) (a) (intro.) of the statutes is renumbered 49.849 (2) (a) (intro.) and amended to read:
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:
20,2306
Section
2306. 867.035 (1) (a) 1. of the statutes is repealed.
20,2307
Section
2307. 867.035 (1) (a) 2. of the statutes is renumbered 49.849 (2) (a) 1.
20,2308
Section
2308. 867.035 (1) (a) 3. of the statutes is renumbered 49.849 (2) (a) 2.
20,2309
Section
2309. 867.035 (1) (a) 4. of the statutes is repealed.
20,2310
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:
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:
20,2311
Section
2311. 867.035 (2) of the statutes is renumbered 49.849 (3) (b) and amended to read:
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.
20,2312
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:
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.
(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:
20,2313
Section
2313. 867.035 (2m) (b) of the statutes is repealed.
20,2314
Section
2314. 867.035 (3) of the statutes is renumbered 49.849 (5) and amended to read:
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.
20,2315
Section
2315. 867.035 (4) of the statutes is renumbered 49.849 (6) (a) and amended to read:
49.849 (6) (a) From the appropriation under s. 20.435 (4) (im), with respect to funds collected by the department under sub. (1) (2) related to medical assistance paid on behalf of the decedent or the decedent's spouse, the department of health services shall pay claims under sub. (3) (5), shall pay to the federal government from the amount recovered under this section and not paid out as claims under sub. (3) (5) 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 under subch. IV of ch. 49.
20,2316
Section
2316. 867.035 (4m) of the statutes is renumbered 49.849 (6) (b) and amended to read:
49.849 (6) (b) From the appropriation under s. 20.435 (7) (im), with respect to funds collected by the department under sub. (1) (2) 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 services shall pay claims under sub. (3) (5) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).
20,2317
Section
2317. 867.035 (5) of the statutes is renumbered 49.849 (7) and amended to read:
49.849 (7) Rules for hardship waiver. The department of health services shall promulgate rules establishing standards to determine whether the application of this section would work an undue hardship in individual cases. If the department of health services determines that the application of this section would work an undue hardship in a particular case, the department shall waive the application of this section in that case. This subsection does not apply with respect to collecting from the property of a decedent if the decedent is a deceased nonrecipient surviving spouse.
20,2317p
Section 2317p. 889.01 of the statutes is amended to read:
889.01 Publication by state as evidence of laws. Books, pamphlets and other documents purporting to be printed by the state as copies of its statutes, legislative acts and resolutions, senate and assembly journals or orders, rules, regulations or decisions of any of its boards, departments, commissions or agencies, are prima facie evidence that they are such publications as they purport to be, and are correct copies of such statutes, acts, resolutions, journals, orders, rules, regulations and decisions, respectively; and such printed journals of said houses, respectively, are prima facie evidence of their proceedings. Electronic documents purporting to be published by the legislative reference bureau under ss. 35.095 (3) (a), 35.18 (1) (b), and 35.93 as copies of Wisconsin's statutes, legislative acts, or administrative rules are prima facie evidence that they are such publications as they purport to be and are correct copies of such statutes, legislative acts, and administrative rules.
20,2318
Section
2318. 893.33 (4r) of the statutes is created to read:
893.33 (4r) This section applies to liens of the department of health services on real property under ss. 46.27 (7g), 49.496, 49.682, 49.848, and 49.849.
20,2318e
Section 2318e. 895.046 (1) of the statutes is renumbered 895.046 (1r).
20,2318f
Section 2318f. 895.046 (1g) of the statutes is created to read:
895.046 (1g) Legislative findings and intent. The legislature finds that it is in the public interest to clarify product liability law, generally, and the application of the risk contribution theory of liability first announced by the Wisconsin Supreme Court in Collins v. Eli Lilly Company, 116 Wis. 2d 166 (1984), specifically, in order to return tort law to its historical, common law roots. This return both protects the rights of citizens to pursue legitimate and timely claims of injury resulting from defective products, and assures that businesses may conduct activities in this state without fear of being sued for indefinite claims of harm from products which businesses may never have manufactured, distributed, sold, or promoted, or which were made and sold decades ago. The legislature finds that the application of risk contribution to former white lead carbonate manufacturers in Thomas v. Mallet, 285 Wis. 2d 236 (2005), was an improperly expansive application of the risk contribution theory of liability announced in Collins, and that application raised substantial questions of deprivation of due process, equal protection, and right to jury trial under the federal and Wisconsin constitutions. The legislature finds that this section protects the right to a remedy found in article I, section 9, of the Wisconsin Constitution, by preserving the narrow and limited application of the risk contribution theory of liability announced in Collins.
20,2318g
Section 2318g. 895.046 (2) of the statutes is amended to read:
895.046 (2) Applicability. This section applies to all actions in law or equity, whenever filed or accrued, in which a claimant alleges that the manufacturer, distributor, seller, or promoter of a product is liable for an injury or harm to a person or property, including actions based on allegations that the design, manufacture, distribution, sale, or promotion of, or instructions or warnings about, a product caused or contributed to a personal injury or harm to a person or property, a private nuisance, or a public nuisance, and to all related or independent claims, including unjust enrichment, restitution, or indemnification.
20,2318h
Section 2318h. 895.514 of the statutes is created to read:
895.514 Civil liability exemption; Health Insurance Risk-Sharing Plan and Authority. (1) In this section:
(a) "Authority" means the Health Insurance Risk-Sharing Plan Authority established under subch. III of ch. 149, 2011 stats.
(b) "Board" means the board of directors of the authority.
