Amendment ASA1-AB40

AB40-ASA1,2267d Section 2267d. 645.73 (2) of the statutes is amended to read:

AB40-ASA1,1202,14 645.73 (2) Withheld funds. All funds withheld under s. 645.64 and not distributed shall upon discharge of the liquidator be deposited with the state treasurer secretary of revenue and paid by the treasurer secretary in accordance with s. 645.64. Any sums remaining which under s. 645.64 would revert to the undistributed assets of the insurer shall be transferred to the state treasurer secretary of revenue and become the property of the state under sub. (1), unless the commissioner petitions the court to reopen the liquidation under s. 645.75.

AB40-ASA1,2267e Section 2267e. 646.01 (1) (a) 2. k. of the statutes is amended to read:

AB40-ASA1,1202,16 646.01 (1) (a) 2. k. Risk-sharing plans under chs. 149 and ch. 619.

AB40-ASA1,2267f Section 2267f. 655.001 (1) of the statutes is renumbered 655.001 (1r).

AB40-ASA1,2267g Section 2267g. 655.001 (1g) of the statutes is created to read:

AB40-ASA1,1202,21 655.001 (1g) "Affiliated health care providers" includes health care providers employed by a common health care provider and health care providers affiliated under a controlling legal entity.

AB40-ASA1,2267h Section 2267h. 655.001 (14) of the statutes is created to read:

AB40-ASA1,1203,2 655.001 (14) "Self-insurance plan" means a plan approved by the commissioner to self-insure health care providers against medical malpractice claims in accordance with this chapter. A "self-insurance plan" may provide coverage to a single health care provider or affiliated health care providers.

AB40-ASA1,2267k Section 2267k. 655.23 (3) (a) of the statutes is amended to read:

AB40-ASA1,1203,13 655.23 (3) (a) Except as provided in par. (d), every health care provider either shall insure and keep insured the health care provider's liability by a policy of health care liability insurance issued by an insurer authorized to do business in this state or shall qualify as a self-insurer. Qualification as a self-insurer is subject to conditions established by the commissioner and is valid only when approved by the commissioner. The commissioner may establish conditions that permit a self-insurer to self-insure for claims that are against employees who are health care practitioners and that are not covered by the fund. An approved self-insurance plan may provide coverage for all affiliated health care providers under a controlling legal entity.

AB40-ASA1,2268 Section 2268. 700.24 of the statutes is amended to read:

AB40-ASA1,1203,21 700.24 Death of a joint tenant; effect of liens. A real estate mortgage, a security interest under ch. 409, or a lien under s. 72.86 (2), 1985 stats., or s. 71.91 (5) (b), or ch. 49 or 779 or rules promulgated under s. 46.286 (7) on or against the interest of a joint tenant does not defeat the right of survivorship in the event of the death of such joint tenant, but the surviving joint tenant or tenants take the interest such deceased joint tenant could have transferred prior to death subject to such mortgage, security interest, or statutory lien.

AB40-ASA1,2269 Section 2269. 701.065 (1) (b) 1. of the statutes is amended to read:

AB40-ASA1,1204,4 701.065 (1) (b) 1. The claim 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), 49.496 or, 49.682, or rules promulgated under s. 46.286 (7) 49.849; or a claim of the United States.

AB40-ASA1,2270 Section 2270. 701.065 (5) of the statutes is created to read:

AB40-ASA1,1204,7 701.065 (5) Claims of department of health services. (a) Definitions. In this subsection:

AB40-ASA1,1204,8 1. "Department" means the department of health services.

AB40-ASA1,1204,9 2. "Long-term care program" has the meaning given in s. 49.496 (1) (bk).

AB40-ASA1,1204,20 (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-ASA1,1205,6 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-ASA1,1205,14 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-ASA1,1205,23 (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-ASA1,1206,4 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-ASA1,1206,9 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-ASA1,2270e Section 2270e. 704.90 (5) (b) 2. d. of the statutes is amended to read:

AB40-ASA1,1206,17 704.90 (5) (b) 2. d. A statement that unless the rent and other charges are paid within the time period under subd. 2. c., the personal property may be disposed of if the fair market value of the property is less than $100 or will be sold, a specification of the date, time and place of the sale and a statement that if the property is sold the operator shall apply the proceeds of the sale first to satisfy the lien and shall report and deliver any balance to the state treasurer secretary of revenue as provided under ch. 177.

AB40-ASA1,2270r Section 2270r. 704.90 (6) (b) of the statutes is amended to read:

AB40-ASA1,1206,21 704.90 (6) (b) The operator shall apply the proceeds of the sale first to satisfy the lien under sub. (3) (a). The operator shall report and deliver any balance to the state treasurer secretary of revenue as provided under ch. 177.

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.