AB40,2282 16Section 2282. 813.125 (7) of the statutes, as affected by 2011 Wisconsin Act
17266
, is amended to read:
AB40,986,2318 813.125 (7) Penalty. Whoever violates a temporary restraining order or
19injunction issued under this section shall be fined not more than $10,000 or
20imprisoned not more than 90 days 9 months or both, and may be subject to an order
21under s. 813.129 (1) (b). If the court issues an order under s. 813.129 (1) (b), the court
22shall report the violation to the department of corrections immediately upon the
23person's conviction
.
AB40,2283 24Section 2283. 813.129 (1) of the statutes, as created by 2011 Wisconsin Act
25266
, is repealed and recreated to read:
AB40,987,2
1813.129 (1) A court may order a person to submit to global positioning system
2tracking if any of the following occurs:
AB40,987,43 (a) In a jurisdiction that has established a program under sub. (6), the court
4issues a temporary restraining order or injunction under s. 813.12 or 813.125.
AB40,987,65 (b) The person is convicted of knowingly violating a temporary restraining
6order or injunction issued under s. 813.12 or 813.125.
AB40,2284 7Section 2284. 813.129 (5) of the statutes, as created by 2011 Wisconsin Act
8266
, is amended to read:
AB40,987,149 813.129 (5) If, after weighing the factors set forth under sub. (2), the court
10determines that a person is more likely than not to cause serious bodily harm to the
11person who petitioned for the restraining order or injunction, and the court
12determines that another alternative, including imprisonment, is more likely to
13protect the person who petitioned for the restraining order or injunction, the court
14may not enter an order under sub. (1) (b).
AB40,2285 15Section 2285. 813.129 (6) of the statutes is created to read:
AB40,987,2516 813.129 (6) A local unit of government, a law enforcement agency, or a tribal
17law enforcement agency may establish a global positioning tracking program for
18persons subject to a temporary restraining order or injunction under s. 813.12 or
19813.125. A local unit of government, a law enforcement agency, or a tribal law
20enforcement agency may apply for a grant under s. 165.94 (1) to establish and
21administer a program established pursuant to this subsection. Any program
22established pursuant to this subsection shall comply with the guidelines established
23under s. 165.94 (2), regardless of whether the local unit of government, law
24enforcement agency, or tribal law enforcement agency receives a grant under s.
25165.94 (1).
AB40,2286
1Section 2286. 814.67 (1) (c) (intro.) of the statutes is renumbered 814.67 (1)
2(c) 1. a. and amended to read:
AB40,988,63 814.67 (1) (c) 1. a. For traveling, going and returning Traveling from his or her
4residence if within the state; or, if without the state, from the point where he or she
5crosses the state boundary
to the place of attendance, and returning by the usually
6traveled route between such points: if his or her residence is within the state.
AB40,2287 7Section 2287. 814.67 (1) (c) 1. of the statutes is renumbered 814.67 (1) (c) 1.
8(intro.) and amended to read:
AB40,988,109 814.67 (1) (c) 1. (intro.) For witnesses a witness, the rate of 20 cents per mile.
10for either of the following:
AB40,2288 11Section 2288. 814.67 (1) (c) 1. b. of the statutes is created to read:
AB40,988,1412 814.67 (1) (c) 1. b. Traveling from the point where he or she crosses the state
13boundary to the place of attendance and returning by the usually traveled route
14between such points if his or her residence is outside the state.
AB40,2289 15Section 2289. 814.67 (1) (c) 2. of the statutes is renumbered 814.67 (1) (c) 2.
16a. and amended to read:
AB40,988,2017 814.67 (1) (c) 2. a. For interpreters Except as provided in subd. 2. b., for an
18interpreter
, the mileage rate set under s. 20.916 (8) for traveling from his or her
19residence to the place of attendance and returning by the usually traveled route
20between such points
.
AB40,2290 21Section 2290. 814.67 (1) (c) 2. b. of the statutes is created to read:
AB40,989,222 814.67 (1) (c) 2. b. For an interpreter traveling to the place of attendance from
23his or her place of residence outside the state, the number of miles between the
24interpreter's residence and the point at which he or she crosses the state boundary

1for which the interpreter may receive reimbursement under this subdivision may not
2exceed 100 miles each way, following the usually traveled route between such points.
AB40,2291 3Section 2291. 814.75 (7) of the statutes is amended to read:
AB40,989,44 814.75 (7) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
AB40,2292 5Section 2292. 814.76 (5) of the statutes is amended to read:
AB40,989,66 814.76 (5) The deoxyribonucleic acid analysis surcharge under s. 973.046 (1r).
AB40,2293 7Section 2293. 852.03 (6) of the statutes is amended to read:
AB40,989,118 852.03 (6) Taking through or by alien. No person is disqualified from taking
9as an heir because the person or a person through whom he or she claims is not or
10at some time was not a U.S. citizen. The rights of an alien to acquire or hold land in
11the state are governed by ss. 710.01 to and 710.03.
AB40,2294 12Section 2294. 859.02 (2) (a) of the statutes is amended to read:
AB40,989,1813 859.02 (2) (a) It is a claim based on tort, on a marital property agreement that
14is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
15franchise, sales, withholding, gift, or death taxes, or on unemployment insurance
16contributions due or benefits overpaid; a claim for funeral or administrative
17expenses; a claim of this state under s. 46.27 (7g), 49.496 or, 49.682, or rules
18promulgated under s. 46.286 (7)
49.849; or a claim of the United States; or
AB40,2295 19Section 2295. 859.07 (2) (a) 3. of the statutes is amended to read:
AB40,989,2420 859.07 (2) (a) 3. The decedent or the decedent's spouse received the family care
21benefit under s. 46.286
services provided as a benefit under a long-term care
22program, as defined in s. 49.496 (1) (bk)
, medical assistance under subch. IV of ch.
2349, long-term community support services funded under s. 46.27 (7), or aid under s.
2449.68, 49.683, or 49.685.
AB40,2296 25Section 2296. 867.01 (3) (am) 4. of the statutes is amended to read:
AB40,990,5
1867.01 (3) (am) 4. Whether the decedent or the decedent's spouse received the
2family care benefit under s. 46.286
services provided as a benefit under a long-term
3care program, as defined in s. 49.496 (1) (bk)
, medical assistance under subch. IV of
4ch. 49, long-term community support services funded under s. 46.27 (7) or aid under
5s. 49.68, 49.683 or 49.685.
AB40,2297 6Section 2297. 867.01 (3) (d) of the statutes is amended to read:
AB40,990,147 867.01 (3) (d) Notice. The court may hear the matter without notice or order
8notice to be given under s. 879.03. If the decedent or the decedent's spouse received
9the family care benefit under s. 46.286 services provided as a benefit under a
10long-term care program, as defined in s. 49.496 (1) (bk)
, medical assistance under
11subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7),
12or aid under s. 49.68, 49.683, or 49.685, the petitioner shall give notice by certified
13mail to the department of health services as soon as practicable after filing the
14petition with the court.
AB40,2298 15Section 2298. 867.02 (2) (am) 6. of the statutes is amended to read:
AB40,990,2016 867.02 (2) (am) 6. Whether the decedent or the decedent's spouse received the
17family care benefit under s. 46.286
services provided as a benefit under a long-term
18care program, as defined in s. 49.496 (1) (bk)
, medical assistance under subch. IV of
19ch. 49, long-term community support services funded under s. 46.27 (7), or aid under
20s. 49.68, 49.683, or 49.685.
AB40,2299 21Section 2299. 867.03 (1g) (c) of the statutes is amended to read:
AB40,991,222 867.03 (1g) (c) Whether the decedent or the decedent's spouse ever received the
23family care benefit under s. 46.286
services provided as a benefit under a long-term
24care program, as defined in s. 49.496 (1) (bk)
, medical assistance under subch. IV of

1ch. 49, long-term community support services funded under s. 46.27 (7) or aid under
2s. 49.68, 49.683 or 49.685.
AB40,2300 3Section 2300. 867.03 (1m) (a) of the statutes is amended to read:
AB40,991,154 867.03 (1m) (a) Whenever an heir, trustee, or person who was guardian of the
5decedent at the time of the decedent's death intends to transfer a decedent's property
6by affidavit under sub. (1g) and the decedent or the decedent's spouse ever received
7the family care benefit under s. 46.286 services provided as a benefit under a
8long-term care program, as defined in s. 49.496 (1) (bk)
, medical assistance under
9subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7),
10or aid under s. 49.68, 49.683, or 49.685, the heir, trustee, or person who was guardian
11of the decedent at the time of the decedent's death shall give notice to the department
12of health services of his or her intent. The notice shall include the information in the
13affidavit under sub. (1g) and the heir, trustee, or person who was guardian of the
14decedent at the time of the decedent's death shall give the notice by certified mail,
15return receipt requested.
AB40,2301 16Section 2301. 867.03 (1m) (b) of the statutes is amended to read:
AB40,992,217 867.03 (1m) (b) An heir, trustee, or person who was guardian of the decedent
18at the time of the decedent's death who files an affidavit under sub. (1g) that states
19that the decedent or the decedent's spouse received the family care benefit under s.
2046.286
services provided as a benefit under a long-term care program, as defined in
21s. 49.496 (1) (bk)
, medical assistance under subch. IV of ch. 49, long-term community
22support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685
23shall attach to the affidavit the proof of mail delivery of the notice required under par.
24(a) showing a the delivery date that is not less than 10 days before the day on which

1the heir, trustee, or person who was guardian of the decedent at the time of the
2decedent's death files the affidavit
.
AB40,2302 3Section 2302. 867.03 (2g) of the statutes is renumbered 867.03 (2g) (a) and
4amended to read:
AB40,992,145 867.03 (2g) (a) By accepting the decedent's property under this section the heir,
6trustee, or guardian assumes a duty to apply the property transferred for the
7payment of obligations according to priorities established under s. 859.25 and to
8distribute any balance to those persons designated in the appropriate governing
9instrument, as defined in s. 854.01, of the decedent or if there is no governing
10instrument, according to the rules of intestate succession under ch. 852, subject to
11par. (b)
. An heir or guardian may publish a notice to creditors in the same manner
12and with the same effect as a trustee under s. 701.065. This subsection paragraph
13does not prohibit any appropriate person from requesting administration of the
14decedent's estate under s. 856.07 or ch. 865.
AB40,2303 15Section 2303. 867.03 (2g) (b) of the statutes is created to read:
AB40,993,216 867.03 (2g) (b) Property transferred under this section to or by an heir, trustee,
17or guardian is subject to the right of the department of health services to recover
18under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical
19assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under
20s. 49.68, 49.683, or 49.685 that is recoverable under s. 49.682 (2) (a), or an amount
21equal to long-term community support services under s. 46.27 that is recoverable
22under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's
23spouse. Upon request, the heir, trustee, or guardian shall provide to the department
24of health services information about any of the decedent's property that the heir,

1trustee, or guardian has distributed and information about the persons to whom the
2property was distributed.
AB40,2304 3Section 2304. 867.035 (title) of the statutes is repealed.
AB40,2305 4Section 2305. 867.035 (1) (a) (intro.) of the statutes is renumbered 49.849 (2)
5(a) (intro.) and amended to read:
AB40,993,156 49.849 (2) (a) (intro.) Subject to par. (bm) (b), the department of health services
7may collect from the property of a decedent, including funds of a decedent that are
8held by the decedent immediately before death in a joint account or a P.O.D. account,

9by affidavit under sub. (2) (3) (b) or by lien under sub. (2m) (4) (a) an amount equal
10to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term
11community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
121., the family care benefit that is recoverable under rules promulgated under s.
1346.286 (7),
or the aid under s. 49.68, 49.683, or 49.685 that is recoverable under s.
1449.682 (2) (a), and that was paid on behalf of the decedent or the decedent's spouse,
15if all of the following conditions are satisfied:
AB40,2306 16Section 2306. 867.035 (1) (a) 1. of the statutes is repealed.
AB40,2307 17Section 2307. 867.035 (1) (a) 2. of the statutes is renumbered 49.849 (2) (a) 1.
AB40,2308 18Section 2308. 867.035 (1) (a) 3. of the statutes is renumbered 49.849 (2) (a) 2.
AB40,2309 19Section 2309. 867.035 (1) (a) 4. of the statutes is repealed.
AB40,2310 20Section 2310. 867.035 (1) (bm) of the statutes is renumbered 49.849 (2) (b),
21and 49.849 (2) (b) (intro.), as renumbered, is amended to read:
AB40,993,2522 49.849 (2) (b) (intro.) The department of health services shall reduce the
23amount of its recovery under par. (a) by up to the amount specified in s. 861.33 (2)
24if necessary to allow the decedent's heirs or beneficiaries under the decedent's will
25to retain the following personal property of the decedent:
AB40,2311
1Section 2311. 867.035 (2) of the statutes is renumbered 49.849 (3) (b) and
2amended to read:
AB40,994,93 49.849 (3) (b) A person who possesses or receives property of a decedent shall
4transmit the property to the department of health services, if the conditions in sub.
5(1) (a) 1. to 4. (2) (a) 1. and 2. are satisfied, upon receipt of an affidavit by a person
6designated by the secretary of health services to administer this section showing that
7the department paid on behalf of the decedent or the decedent's spouse recoverable
8benefits specified in sub. (1) (2) (a). Upon transmittal, the person is released from
9any obligation to other creditors or heirs of the decedent.
AB40,2312 10Section 2312. 867.035 (2m) (a) of the statutes is renumbered 49.849 (4) (a),
11and 49.849 (4) (a) (intro.), as renumbered, is amended to read:
AB40,994,1712 49.849 (4) (a) (intro.) If the conditions condition in sub. (1) (a) 1., 2., and 4. are
13(2) (a) 1. is satisfied, the department of health services shall have a lien in the amount
14that it may recover under sub. (1) (2) (a) on any interest in the decedent's any
15property of the decedent that is real property, including a
home, as defined in s.
1649.496 (1) (b), transferred under s. 867.03 (1g). The department may record the lien
17in the office of the register of deeds of the county in which the real property is located.
AB40,994,19 18(b) The department may enforce the a lien under par. (a) by foreclosure in the
19same manner as a mortgage on real property, unless any of the following is alive:
AB40,2313 20Section 2313. 867.035 (2m) (b) of the statutes is repealed.
AB40,2314 21Section 2314. 867.035 (3) of the statutes is renumbered 49.849 (5) and
22amended to read:
AB40,995,723 49.849 (5) Other valid claims. If a person has a valid claim against the
24decedent's estate
property of the decedent that would have a higher priority under
25s. 859.25 (1) if the estate were administered property were subject to administration

1than the department of health services would have under s. 859.25 (1) (e) and the
2person demands payment in writing within one year of the date on which the
3property was transmitted to the department, the department shall pay to the person
4the value of the property collected under sub. (2) (3) or the amount of the claim,
5whichever is less. The department may authorize any person who possesses
6property of the decedent to honor higher priority claims with the decedent's property
7before transmitting property to the department.
AB40,2315 8Section 2315. 867.035 (4) of the statutes is renumbered 49.849 (6) (a) and
9amended to read:
AB40,995,1710 49.849 (6) (a) From the appropriation under s. 20.435 (4) (im), with respect to
11funds collected by the department under sub. (1) (2) related to medical assistance
12paid on behalf of the decedent or the decedent's spouse, the department of health
13services
shall pay claims under sub. (3) (5), shall pay to the federal government from
14the amount recovered under this section and not paid out as claims under sub. (3)
15(5) an amount equal to the amount of federal funds used to pay the benefits recovered
16under this section and shall spend the remainder of the amount recovered under this
17section for medical assistance benefits under subch. IV of ch. 49.
AB40,2316 18Section 2316. 867.035 (4m) of the statutes is renumbered 49.849 (6) (b) and
19amended to read:
AB40,995,2520 49.849 (6) (b) From the appropriation under s. 20.435 (7) (im), with respect to
21funds collected by the department under sub. (1) (2) related to long-term community
22support services funded under s. 46.27 (7) paid on behalf of the decedent or the
23decedent's spouse, the department of health services shall pay claims under sub. (3)
24(5) and shall spend the remainder of the funds recovered under this section for
25long-term community support services funded under s. 46.27 (7).
AB40,2317
1Section 2317. 867.035 (5) of the statutes is renumbered 49.849 (7) and
2amended to read:
AB40,996,103 49.849 (7) Rules for hardship waiver. The department of health services shall
4promulgate rules establishing standards to determine whether the application of
5this section would work an undue hardship in individual cases. If the department
6of health services determines that the application of this section would work an
7undue hardship in a particular case, the department shall waive the application of
8this section in that case. This subsection does not apply with respect to collecting
9from the property of a decedent if the decedent is a deceased nonrecipient surviving
10spouse.
AB40,2318 11Section 2318. 893.33 (4r) of the statutes is created to read:
AB40,996,1312 893.33 (4r) This section applies to liens of the department of health services
13on real property under ss. 46.27 (7g), 49.496, 49.682, 49.848, and 49.849.
AB40,2319 14Section 2319. 938.06 (1) (title) of the statutes is amended to read:
AB40,996,1515 938.06 (1) (title) Counties with a population of 500,000 750,000 or more.
AB40,2320 16Section 2320. 938.06 (1) (a) 1. of the statutes is amended to read:
AB40,997,217 938.06 (1) (a) 1. In counties with a population of 500,000 750,000 or more, the
18county board of supervisors shall provide the court with the services necessary for
19investigating and supervising cases under this chapter by operating a children's
20court center under the supervision of a director who is appointed as provided in s.
2146.21 (1m) (a). Except as otherwise provided in this subsection, the director is the
22chief administrative officer of the center and of the intake and probation sections and
23juvenile detention facilities of the center. The director is responsible for managing
24the personnel of, and administering the services of, the sections and the juvenile

1detention facilities, and for supervising operation of the physical plant and
2maintenance and improvement of the buildings and grounds of the center.
AB40,2321 3Section 2321. 938.06 (2) (title) of the statutes is amended to read:
AB40,997,44 938.06 (2) (title) Counties with a population under 500,000 750,000.
AB40,2322 5Section 2322. 938.06 (2) (a) of the statutes is amended to read:
AB40,997,156 938.06 (2) (a) In counties having less than 500,000 750,000 population, the
7county board of supervisors shall authorize the county department or the court, or
8both, to provide intake services under s. 938.067 and the staff needed to provide
9dispositional services under s. 938.069. Intake services shall be provided by
10employees of the court or the county department and may not be subcontracted to
11other individuals or agencies, except as provided in par. (am). Intake workers shall
12be governed in their intake work, including their responsibilities for requesting the
13filing of a petition and entering into a deferred prosecution agreement, by general
14written policies established by the circuit judges for the county, subject to the
15approval of the chief judge of the judicial administrative district.
AB40,2323 16Section 2323. 938.06 (4) of the statutes is amended to read:
AB40,997,2517 938.06 (4) State aid. State aid to any county for juvenile delinquency-related
18court services under this section shall be at the same net effective rate that each
19county is reimbursed for county administration under s. 48.569, except as provided
20in s. 301.26. Counties having a population of less than 500,000 750,000 may use
21funds received under ss. 48.569 (1) (d) and 301.26, including county or federal
22revenue sharing funds allocated to match funds received under s. 48.569 (1) (d), for
23the cost of providing court attached intake services in amounts not to exceed 50% 50
24percent
of the cost of providing court attached intake services or $30,000 per county
25per calendar year, whichever is less.
AB40,2324
1Section 2324. 938.21 (1m) of the statutes is created to read:
AB40,998,92 938.21 (1m) Biological specimen. If the juvenile has been taken into custody
3on the basis of a violation that would be a felony if committed by an adult in this state
4or of a violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1),
5946.52, or 948.10 (1) (b), the court shall determine if a biological specimen has been
6obtained from the juvenile under s. 165.84 (7), and if not, the court shall direct that
7a law enforcement agency or tribal law enforcement agency obtain a biological
8specimen from the juvenile and submit it to the state crime laboratories as specified
9in rules promulgated by the department of justice under s. 165.76 (4).
AB40,2325 10Section 2325. 938.30 (2m) of the statutes is created to read:
AB40,998,1811 938.30 (2m) Biological specimen. If the juvenile is before the court on the basis
12of a violation that would be a felony if committed by an adult in this state or of a
13violation of s. 940.225 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or
14948.10 (1) (b), the court shall determine if a biological specimen has been obtained
15from the juvenile under s. 165.84 (7), and if not, the court shall direct that a law
16enforcement agency or tribal law enforcement agency obtain a biological specimen
17from the juvenile and submit it to the state crime laboratories as specified in rules
18promulgated by the department of justice under s. 165.76 (4).
AB40,2326 19Section 2326. 938.34 (6m) of the statutes is amended to read:
AB40,999,220 938.34 (6m) Coordinated services plan of care. If the report prepared under
21s. 938.33 (1) recommends that the juvenile is in need of a coordinated services plan
22of care and if an initiative under s. 46.56 has been established in for the county or,
23if applicable, by for a tribe, order that an assessment of the juvenile and the juvenile's
24family for eligibility for and appropriateness of the initiative, and if eligible for

1enrollment in the initiative, that a coordinated services plan of care be developed and
2implemented.
AB40,2327 3Section 2327. 938.34 (15) (a) 1. and 3. of the statutes are consolidated,
4renumbered 938.34 (15) (a) and amended to read:
AB40,999,135 938.34 (15) (a) If the juvenile is adjudicated delinquent on the basis of a
6violation that would be a felony if committed by an adult in this state or of a violation
7of s. 940.225, 948.02 (1) or (2), 948.025, or 948.085 (2) (3m), 941.20 (1), 944.20, 944.30,
8944.31, 944.33 (1), 946.52, or 948.10 (1) (b)
, the court shall require the juvenile to
9provide comply with the requirement under s. 165.76 (1) (am) by providing a
10biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
113. The results from deoxyribonucleic acid analysis of a specimen under subd. 1. or
122.
this paragraph may be used only as authorized under s. 165.77 (3). The state crime
13laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
Loading...
Loading...