AB150, s. 7198 3Section 7198. 867.03 (1m) (a) of the statutes, as affected by 1993 Wisconsin
4Act 437
, is amended to read:
AB150,2316,105 867.03 (1m) (a) Whenever an heir intends to transfer a decedent's property by
6affidavit under sub. (1) and the decedent or the decedent's spouse ever received
7medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49, the heir shall give
8notice to the department of health and social services of his or her intent. The notice
9shall include the information in the affidavit under sub. (1) and the heir shall give
10the notice by certified mail, return receipt requested.
AB150, s. 7199 11Section 7199. 867.03 (1m) (b) of the statutes, as affected by 1993 Wisconsin
12Act 437
, is amended to read:
AB150,2316,1713 867.03 (1m) (b) An heir who files an affidavit under sub. (1) that states that
14the decedent or the decedent's spouse received medical assistance under ss. 49.45 to
1549.47
subch. IV of ch. 49 shall attach to the affidavit the proof of mail delivery of the
16notice required under par. (a) showing a delivery date that is not less than 10 days
17before the day on which the heir files the affidavit.
AB150, s. 7200 18Section 7200. 867.035 (1) (intro.) of the statutes, as affected by 1993 Wisconsin
19Act 437
, is amended to read:
AB150,2317,220 867.035 (1) (intro.) The department of health and social services may collect
21from the funds property; except interests in or liens on real property; wearing
22apparel; jewelry; household furniture, furnishings and appliances; motor vehicles
23and recreational vehicles;
of a decedent by affidavit under this section an amount
24equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that

1was paid on behalf of the decedent or the decedent's spouse, if all of the following
2conditions are satisfied:
AB150, s. 7201 3Section 7201. 867.035 (1) (c) of the statutes is repealed.
AB150, s. 7202 4Section 7202. 867.035 (1) (d) of the statutes is amended to read:
AB150,2317,75 867.035 (1) (d) The value of the solely owned property in this state left by the
6decedent, after payment of burial costs, does not exceed $10,000 the amount under
7s. 867.03 (1) (intro.)
.
AB150, s. 7203 8Section 7203. 867.035 (2) of the statutes is amended to read:
AB150,2317,159 867.035 (2) A person possessing funds who possesses property of a decedent
10shall pay transmit the funds property to the department of health and social services
11upon receipt of an affidavit by a person designated by the secretary of health and
12social services to administer this section showing that the conditions in sub. (1) are
13satisfied. Upon payment transmittal, the person is released from any obligation to
14other creditors or heirs of the decedent. The department of health and social services
15shall provide a copy of the affidavit to the department of revenue.
AB150, s. 7204 16Section 7204. 867.035 (3) of the statutes is amended to read:
AB150,2318,217 867.035 (3) If a person has a valid claim against the decedent's estate that
18would have a higher priority under s. 859.25 (1) if the estate were administered than
19the department of health and social services would have under s. 859.25 (1) (e) and
20the person demands payment in writing within one year of the date on which the
21funds were collected by property was transmitted to the department, the department
22shall pay to the person the amount value of the property collected under sub. (2) or
23the amount of the claim, whichever is less. The department of health and social
24services shall notify the department of revenue of a payment under this subsection

25may authorize any person who possesses property of the decedent to honor higher

1priority claims with the decedent's property before transmitting property to the
2department
.
AB150, s. 7205 3Section 7205. 867.035 (4) of the statutes is amended to read:
AB150,2318,104 867.035 (4) From the appropriation under s. 20.435 (1) (im), the department
5of health and social services shall pay claims under sub. (3), shall pay to the federal
6government the amount of the funds from the amount recovered under this section
7and not paid out as claims under sub. (3) an amount equal to the amount of federal
8funds used to pay the benefits recovered under this section that are not paid out as
9claims under sub. (3)
and shall spend the remainder of the funds amount recovered
10under this section for medical assistance benefits administered under s. 49.45.
AB150, s. 7206 11Section 7206 . 867.035 (4) of the statutes, as affected by 1995 Wisconsin Act
12.... (this act), is amended to read:
AB150,2318,1913 867.035 (4) From the appropriation under s. 20.435 (1) (im), the department
14of health and social services shall pay claims under sub. (3), shall pay to the federal
15government from the amount recovered under this section and not paid out as claims
16under sub. (3) an amount equal to the amount of federal funds used to pay the
17benefits recovered under this section and shall spend the remainder of the amount
18recovered under this section for medical assistance benefits administered under s.
1949.45
subch. IV of ch. 49.
****Note: This is reconciled s. 867.035 (4). This Section has been affected by drafts with the
following LRB numbers: -0881/2 and -2153/1.
AB150, s. 7207 20Section 7207. 885.37 (4) (a) 1. of the statutes is amended to read:
AB150,2318,2221 885.37 (4) (a) 1. In the supreme court or the court of appeals, the state director
22of state courts
shall pay the expense.
AB150, s. 7208 23Section 7208. 885.37 (4) (a) 2. of the statutes is amended to read:
AB150,2319,2
1885.37 (4) (a) 2. In circuit court, the state director of state courts shall pay the
2expense.
AB150, s. 7209 3Section 7209. 885.37 (4) (a) 2m. of the statutes is created to read:
AB150,2319,64 885.37 (4) (a) 2m. To assist the state public defender in representing an
5indigent in preparing for court proceedings, the state public defender shall pay the
6expense.
AB150, s. 7210 7Section 7210. 887.23 (1) of the statutes is amended to read:
AB150,2319,218 887.23 (1) Who may require. The department of health and social services, the
9department of corrections, the state superintendent department of education or the
10board of regents of the university of Wisconsin system may order the deposition of
11any witness to be taken concerning any institution under his, her or its government
12or superintendence, or concerning the conduct of any officer or agent thereof, or
13concerning any matter relating to the interests thereof. Upon presentation of a
14certified copy of such order to any municipal judge, notary public or court
15commissioner, the officer shall take the desired deposition in the manner provided
16for taking depositions to be used in actions. When any officer or agent of any
17institution is concerned and will be affected by the testimony, 2 days' written notice
18of the time and place of taking the deposition shall be given him or her. Any party
19interested may appear in person or by counsel and examine the witness touching the
20matters mentioned in the order. The deposition, duly certified, shall be delivered to
21the authority which ordered it.
AB150, s. 7211 22Section 7211. 889.29 (1) of the statutes is amended to read:
AB150,2320,1423 889.29 (1) If any business, institution or member of a profession or calling in
24the regular course of business or activity has kept or recorded any memorandum,
25writing, entry, print, representation or combination thereof, of any act, transaction,

1occurrence or event, and in the regular course of business has caused any or all of the
2same to be recorded, copied or reproduced by any photographic, photostatic,
3microfilm, microcard, miniature photographic, or other process which accurately
4reproduces or forms a durable medium for so reproducing the original, or to be
5recorded on an optical disk or in electronic format, the original may be destroyed in
6the regular course of business, unless its preservation is required by law. Such
7reproduction or optical disk record, when reduced to comprehensible format and
8when satisfactorily identified, is as admissible in evidence as the original itself in any
9judicial or administrative proceeding whether the original is in existence or not and
10an enlargement or facsimile of such reproduction of a record or an enlarged copy of
11a record generated from an original record stored in optical disk or electronic format
12is likewise admissible in evidence if the original reproduction is in existence and
13available for inspection under direction of court. The introduction of a reproduced
14record, enlargement or facsimile, does not preclude admission of the original.
AB150, s. 7212 15Section 7212. 891.20 of the statutes is amended to read:
AB150,2321,9 16891.20 Articles of incorporation, presumptions. Any charter or patent of
17incorporation which shall have been issued by the governor or, secretary of state or
18department of revenue
, or both by any combination, to any corporation under any law
19of the state; any certificate of organization or association of any corporation or joint
20stock company; the articles of organization of a limited liability company; the articles
21of association or organization of any corporation, or a certified copy thereof, which
22shall have been filed or recorded in the office of the secretary of state or with the
23department of revenue
, or recorded in the office of any register of deeds or filed or
24recorded in the office of any clerk of the circuit court under any law of the state; any
25certificate or resolution for the purpose of amendment, and every amendment in any

1form, of the charter, patent, certificate or articles of association or organization or of
2the name, corporate powers or purposes of any corporation or limited liability
3company, filed or recorded in either any of said the departments or offices and a
4certified copy of any such document so filed or recorded shall be received as
5conclusive evidence of the existence of the corporation, limited liability company or
6joint stock company mentioned therein, or of the due amendment of the charter,
7patent, certificate or articles of association or organization thereof in all cases where
8such facts are only collaterally involved; and as presumptive evidence thereof and
9of the facts therein stated in all other cases.
AB150, s. 7213 10Section 7213. 893.19 (1) of the statutes is amended to read:
AB150,2322,311 893.19 (1) If a person is out of this state when the cause of action accrues
12against the person an action may be commenced within the terms of this chapter
13respectively limited after the person returns or removes to this state. But the
14foregoing provision shall not apply to any case where, at the time the cause of action
15accrues, neither the party against nor the party in favor of whom the same accrues
16is a resident of this state; and if, after a cause of action accrues against any person,
17he or she departs from and resides out of this state the time of absence is not any part
18of the time limited for the commencement of an action; provided, that no foreign
19corporation which files with the secretary of state department of revenue, or any
20other state official or body, pursuant to the requirements of any applicable statute
21of this state, an instrument appointing a registered agent as provided in ch. 180, a
22resident or any state official or body of this state, its attorney or agent, on whom,
23pursuant to such instrument or any applicable statute, service of process may be
24made in connection with such cause of action, is deemed a person out of this state
25within the meaning of this section for the period during which such appointment is

1effective, excluding from such period the time of absence from this state of any
2registered agent, resident agent or attorney so appointed who departs from and
3resides outside of this state.
AB150, s. 7214 4Section 7214. 893.925 (2) (a) of the statutes is amended to read:
AB150,2322,125 893.925 (2) (a) An action to recover damages for mining-related injuries under
6s. 107.32 shall be brought within 3 years of the date on which the death or injury
7occurs unless the department of industry, labor and human relations development
8gives written notice within the time specified in this subsection that a claim has been
9filed with it under sub. (1), in which case an action based on the claim may be brought
10against the person to whom the notice is given within one year after the final
11resolution, including any appeal, of the claim or within the time specified in this
12subsection, whichever is longer.
AB150, s. 7215 13Section 7215. 895.437 (1) (c) of the statutes is amended to read:
AB150,2322,1514 895.437 (1) (c) "Lodging establishment" has the meaning given in s. 101.22
15106.04 (1m) (n).
AB150, s. 7216 16Section 7216. 895.45 of the statutes is created to read:
AB150,2322,22 17895.45 Sovereign immunity waived only by express provision. The
18sovereign immunity of this state from suit is waived and consent to suit is given only
19in those cases where suit is expressly authorized by law or is authorized by the
20constitution to be brought against the state. No powers, functions or source of
21funding provided by law to any instrumentality of this state which is engaged in a
22governmental function constitute such a waiver.
AB150, s. 7217 23Section 7217. 895.48 (2) (e) of the statutes is created to read:
AB150,2323,224 895.48 (2) (e) A person is immune from civil liability for property damages
25resulting from his or her good faith act or omission in containing and stabilizing a

1discharge of oil into any navigable water if the act or omission was taken at the
2direction of one of the following:
AB150,2323,331. The national contingency plan prepared under 33 USC 1321 (d).
AB150,2323,44 2. The state contingency plan under s. 144.76 (5).
AB150,2323,65 3. The federal on-scene coordinator of the containment and stabilization of the
6oil discharge.
AB150,2323,77 4. The secretary of natural resources or his or her designee.
AB150, s. 7218 8Section 7218. 895.48 (2) (f) of the statutes is created to read:
AB150,2323,99 895.48 (2) (f) The immunity under par. (e) does not extend to any person:
AB150,2323,1110 1. Who is required to act under s. 144.76 (3) because the person possessed or
11controlled the oil that was discharged or caused the discharge of the oil.
AB150,2323,1212 2. Whose act or omission involves reckless, wanton or intentional misconduct.
AB150, s. 7219 13Section 7219. 895.52 (2) (a) 2. of the statutes is amended to read:
AB150,2323,1514 895.52 (2) (a) 2. A duty to inspect the property, except as provided under s. ss.
1523.115 (2) and 27.0137 (2).
AB150, s. 7220 16Section 7220. 895.52 (3) (b) of the statutes is amended to read:
AB150,2323,2117 895.52 (3) (b) An injury caused by a malicious act or by a malicious failure to
18warn against an unsafe condition of which an officer, employe or agent knew, which
19occurs on property designated by the department of natural resources under s.
2023.115 or by the department of tourism and parks under s. 27.0137 or designated by
21another state agency for a recreational activity.
AB150, s. 7221 22Section 7221. 895.53 (1) (am) of the statutes is created to read:
AB150,2323,2423 895.53 (1) (am) "State park ranger" means a person appointed as a state park
24ranger by the department of tourism and parks under s. 27.92.
AB150, s. 7222 25Section 7222. 895.53 (2) of the statutes is amended to read:
AB150,2324,5
1895.53 (2) Any person withdrawing blood at the request of a traffic officer, law
2enforcement officer or, conservation warden or state park ranger for the purpose of
3determining the presence or quantity of alcohol, controlled substances or both is
4immune from any civil or criminal liability for the act, except for civil liability for
5negligence in the performance of the act.
AB150, s. 7223 6Section 7223. 895.65 (1) (c) of the statutes is amended to read:
AB150,2324,147 895.65 (1) (c) "Governmental unit" means any association, authority, board,
8commission, department, independent agency, institution, office, society or other
9body in state government created or authorized to be created by the constitution or
10any law, including the legislature, the office of the governor and the courts.
11"Governmental unit" does not mean the University of Wisconsin Hospitals and
12Clinics Authority or
any political subdivision of the state or body within one or more
13political subdivisions which is created by law or by action of one or more political
14subdivisions.
AB150, s. 7224 15Section 7224. 904.085 (2) (a) of the statutes is amended to read:
AB150,2324,2116 904.085 (2) (a) "Mediation" means mediation under s. 93.50 (3), conciliation
17under s. 111.54, mediation of a labor dispute under s. 111.11, 111.70 (4) (cm) 3 or
18111.87
subch. I, IV or V of ch. 111, negotiation under s. 144.445 (9), mediation under
19ch. 655 or s. 767.11, or any similar statutory, contractual or court-referred process
20facilitating the voluntary resolution of disputes. "Mediation" does not include
21binding arbitration or appraisal.
AB150, s. 7225 22Section 7225. 905.15 (1) of the statutes is amended to read:
AB150,2325,523 905.15 (1) An employe of the department of health and social services, the
24department of industry, labor and human relations
or a county department under s.
2546.215, 46.22 or 46.23 or a member of a governing body of a federally recognized

1American Indian tribe who is authorized by federal law to have access to or
2awareness of the federal tax return information of another in the performance of
3duties under s. 49.19 or 49.45 or 7 USC 2011 to 2049 may claim privilege to refuse
4to disclose the information and the source or method by which he or she received or
5otherwise became aware of the information.
AB150, s. 7226 6Section 7226. 939.632 of the statutes is created to read:
AB150,2325,7 7939.632 Penalties; violent crime in a school zone. (1) In this section:
AB150,2325,118 (a) "School" means a public, parochial or private school that provides an
9educational program for one or more grades between grades 1 and 12 and that is
10commonly known as an elementary school, middle school, junior high school, senior
11high school or high school.
AB150,2325,1212 (b) "School bus" means any of the following:
AB150,2325,1513 1. A motor vehicle that is designed to carry 10 or more passengers in addition
14to the operator or a motor vehicle painted in accordance with s. 347.44 (1), and that
15is used for the purpose of transporting:
AB150,2325,1816 a. Pupils to or from a public school, as defined in s. 115.01 (1), or a private school,
17as defined in s. 115.001 (3r), or pupils to or from a technical college whenever
18required to do so under s. 118.15 (1).
AB150,2325,1919 b. Pupils to or from curricular or extracurricular activities.
AB150,2325,2020 c. Pupils to or from religious instruction on days when school is in session.
AB150,2325,2321 d. Children, as defined under s. 115.76 (2), with exceptional educational needs
22of a type specified under s. 115.76 (3) (a) to (L) to or from an educational program
23approved by the department of public instruction.
AB150,2326,224 2. A motor vehicle that is painted in accordance with s. 347.44 (1) and is used
25for the purpose of transporting disabled persons, as defined in s. 85.21 (2) (cm), or

1elderly persons, as defined in s. 85.22 (2) (b), in connection with any transportation
2assistance program for elderly or disabled persons.
AB150,2326,53 3. A motor vehicle owned or operated by a parent or guardian transporting
4children if the school has contracted with or paid compensation to the parent or
5guardian for the transportation.
AB150,2326,76 4. A motor vehicle operated as an alternative method of transportation under
7s. 121.555.
AB150,2326,88 5. A motor bus operated for purposes specified in subd. 1. b.
AB150,2326,109 6. A motor vehicle operated in an urban mass transit system, as defined in s.
1085.20 (1) (e) and (L), for any purpose under subd. 1. a. to d.
AB150,2326,1311 (c) "School premises" means any school building, grounds, recreation area or
12athletic field or any other property owned, used or operated for school
13administration.
AB150,2326,1414 (d) "School zone" means any of the following:
AB150,2326,1515 1. On the premises of a school.
AB150,2326,1616 2. Within 1,000 feet from the premises of a school.
AB150,2326,1717 3. On a school bus.
AB150,2326,1818 4. Within 1,000 feet of a school bus.
AB150,2326,2119 (e) "Violent crime" means any crime specified in ch. 940 or in s. 941.20, 941.21,
20943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.32, 946.43,
21948.02, 948.025, 948.03, 948.055, 948.06 or 948.07.
AB150,2326,23 22(2) If a person commits a violent crime in a school zone, the maximum period
23of imprisonment is increased as follows:
AB150,2326,2524 (a) If the violent crime is a felony, the maximum period of imprisonment is
25increased by 5 years.
AB150,2327,3
1(b) If the violent crime is a misdemeanor, the maximum period of imprisonment
2is increased by 6 months and the crime is changed in status from a misdemeanor to
3a felony.
AB150,2327,11 4(3) (a) In addition to any other penalties that may apply to the crime under sub.
5(2), the court may require the person to complete 100 hours of community service
6work for a public agency or a nonprofit charitable organization. The court shall
7ensure that the defendant is provided a written statement of the terms of the
8community service order and that the community service order is monitored. Any
9organization or agency acting in good faith to which a defendant is assigned under
10an order under this paragraph has immunity from any civil liability in excess of
11$25,000 for acts or omissions by or impacting on the defendant.
AB150,2327,1412 (b) The court shall not impose the requirement under par. (a) if the court
13determines that the person would pose a threat to public safety while completing the
14requirement.
AB150,2327,17 15(4) This section provides for the enhancement of the penalties applicable for
16the underlying crime. The court shall direct that the trier of fact find a special verdict
17as to all of the issues specified in sub. (2).
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