AB40: Bill Text

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:

AB40,995,7 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.

AB40,2315 Section 2315. 867.035 (4) of the statutes is renumbered 49.849 (6) (a) and amended to read:

AB40,995,17 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.

AB40,2316 Section 2316. 867.035 (4m) of the statutes is renumbered 49.849 (6) (b) and amended to read:

AB40,995,25 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).

AB40,2317 Section 2317. 867.035 (5) of the statutes is renumbered 49.849 (7) and amended to read:

AB40,996,10 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.

AB40,2318 Section 2318. 893.33 (4r) of the statutes is created to read:

AB40,996,13 893.33 (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.

AB40,2319 Section 2319. 938.06 (1) (title) of the statutes is amended to read:

AB40,996,15 938.06 (1) (title) Counties with a population of 500,000 750,000 or more.

AB40,2320 Section 2320. 938.06 (1) (a) 1. of the statutes is amended to read:

AB40,997,2 938.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the county board of supervisors shall provide the court with the services necessary for investigating and supervising cases under this chapter by operating a children's court center under the supervision of a director who is appointed as provided in s. 46.21 (1m) (a). Except as otherwise provided in this subsection, the director is the chief administrative officer of the center and of the intake and probation sections and juvenile detention facilities of the center. The director is responsible for managing the personnel of, and administering the services of, the sections and the juvenile detention facilities, and for supervising operation of the physical plant and maintenance and improvement of the buildings and grounds of the center.

AB40,2321 Section 2321. 938.06 (2) (title) of the statutes is amended to read:

AB40,997,4 938.06 (2) (title) Counties with a population under 500,000 750,000.

AB40,2322 Section 2322. 938.06 (2) (a) of the statutes is amended to read:

AB40,997,15 938.06 (2) (a) In counties having less than 500,000 750,000 population, the county board of supervisors shall authorize the county department or the court, or both, to provide intake services under s. 938.067 and the staff needed to provide dispositional services under s. 938.069. Intake services shall be provided by employees of the court or the county department and may not be subcontracted to other individuals or agencies, except as provided in par. (am). Intake workers shall be governed in their intake work, including their responsibilities for requesting the filing of a petition and entering into a deferred prosecution agreement, by general written policies established by the circuit judges for the county, subject to the approval of the chief judge of the judicial administrative district.

AB40,2323 Section 2323. 938.06 (4) of the statutes is amended to read:

AB40,997,25 938.06 (4) State aid. State aid to any county for juvenile delinquency-related court services under this section shall be at the same net effective rate that each county is reimbursed for county administration under s. 48.569, except as provided in s. 301.26. Counties having a population of less than 500,000 750,000 may use funds received under ss. 48.569 (1) (d) and 301.26, including county or federal revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for the cost of providing court attached intake services in amounts not to exceed 50% 50 percent of the cost of providing court attached intake services or $30,000 per county per calendar year, whichever is less.

AB40,2324 Section 2324. 938.21 (1m) of the statutes is created to read:

AB40,998,9 938.21 (1m) Biological specimen. If the juvenile has been taken into custody on the basis of a violation that would be a felony if committed by an adult in this state or of a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall determine if a biological specimen has been obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law enforcement agency or tribal law enforcement agency obtain a biological specimen from the juvenile and submit it to the state crime laboratories as specified in rules promulgated by the department of justice under s. 165.76 (4).

AB40,2325 Section 2325. 938.30 (2m) of the statutes is created to read: