AB100-ASA1-AA1,443,1210
2. Within the service area of the network plan, deny such coverage to small
11employers if the small employer insurer demonstrates to the commissioner all of the
12following:
AB100-ASA1-AA1,443,1513
a. That the insurer does not have the capacity to deliver services adequately
14to enrollees of any additional groups because of its obligations to existing group
15contract holders and enrollees.
AB100-ASA1-AA1,443,1916
b. That the insurer is applying this subdivision uniformly to all small
17employers without regard to the claims experience of those small employers or their
18employes or employes' dependents or any other health status-related factor of those
19employes or their dependents.
AB100-ASA1-AA1,443,2220
(b) A small employer insurer that denies coverage under par. (a) 2. in any
21service area may not offer coverage in the small group market in that service area
22for 180 days after the date on which the coverage was denied.
AB100-ASA1-AA1,444,2
23(3) (a) A small employer insurer that offers a group health benefit plan in the
24small group market may deny small employers coverage under such a plan in the
1small group market if the small employer insurer demonstrates to the commissioner
2all of the following:
AB100-ASA1-AA1,444,43
1. That the insurer does not have the financial reserves necessary to
4underwrite additional coverage.
AB100-ASA1-AA1,444,95
2. That the insurer is applying this paragraph uniformly to all small employers
6in the small group market in the state in accordance with applicable state law and
7without regard to the claims experience of those small employers or their employes
8or employes' dependents or any other health status-related factor of those employes
9or their dependents.
AB100-ASA1-AA1,444,1410
(b) A small employer insurer that denies coverage under par. (a) may not offer
11a group health benefit plan in the small group market in the state for 180 days after
12the date on which the coverage was denied or until the insurer demonstrates to the
13commissioner that the insurer has sufficient financial reserves to underwrite
14additional coverage, whichever is later.
AB100-ASA1-AA1,444,17
15(4) Subsection (1) shall not be construed to preclude a small employer insurer
16from establishing, for the offering of a group health benefit plan in the small group
17market, any of the following:
AB100-ASA1-AA1,444,2018
(a) Rules or requirements relating to the minimum level or amount of small
19employer contribution toward the premium for the enrollment of participants and
20beneficiaries.
AB100-ASA1-AA1,444,2321
(b) Rules or requirements relating to the minimum number or percentage of
22participants or beneficiaries that must be enrolled in relation to a specified number
23or percentage of eligible individuals or employes of a small employer.
AB100-ASA1-AA1,444,25
24(5) Subsection (1) does not apply to a group health benefit plan offered by a
25small employer insurer in the small group market if all of the following apply:
AB100-ASA1-AA1,445,2
1(a) The group health benefit plan is offered in the small group market only
2through one or more bona fide associations.
AB100-ASA1-AA1,445,63
(b) The small employer insurer offering the group health benefit plan makes
4the coverage available to all members of a bona fide association regardless of any
5health status-related factors of the members or individuals eligible for coverage
6through the members.
AB100-ASA1-AA1,445,97
(c) The small employer insurer offering the group health benefit plan complies
8with any rules of the commissioner that are reasonably designed to prevent the use
9of an association for risk segmentation.
AB100-ASA1-AA1,445,12
10(6) The commissioner may by rule permit an exception to sub. (1) with respect
11to a small employer for which coverage is nonrenewed or discontinued for a reason
12specified under s. 632.749 (2) (a) or (b).
AB100-ASA1-AA1,446,217
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
18any person who submits for filing, entering in the judgment and lien docket or
19recording, any lien, claim of lien, lis pendens, writ of attachment
, financing
20statement or any other instrument relating to
a security interest in or the title
in to 21real or personal property,
knowing and who knows or should have known that the
22contents or any part of the contents
to be of the instrument are false,
a sham or
23frivolous, is liable in tort to any person interested in the property whose title is
1thereby impaired, for punitive damages of $1,000 plus any actual damages caused
2by the filing, entering or recording.".
AB100-ASA1-AA1,446,65
753.06
(8) (e) Oconto county. The circuit has one branch.
Commencing August
61, 1998, the circuit has 2 branches.".
AB100-ASA1-AA1,447,29
757.48
(1) (b) The guardian ad litem shall be allowed reasonable compensation
10for his or her services such as is customarily charged by attorneys in this state for
11comparable services. If the court orders a county to pay the compensation of the
12guardian ad litem, the amount ordered may not exceed the compensation paid to
13private attorneys under s. 977.08 (4m) (b).
When a court appoints a guardian ad
14litem for a person with a developmental disability, the court shall require the
15guardian ad litem, as a condition of accepting the appointment, to submit a written
16detailed statement of the services he or she plans to provide for the developmentally
17disabled person. In addition, as a condition of receipt of compensation from a county,
18a guardian ad litem shall provide an accounting of the services he or she did provide
19to the developmentally disabled person on a form that the circuit court develops and
20provides to the guardian ad litem. If a court-appointed guardian ad litem is required
21to submit an accounting of the services he or she provided to a person with a
22development disability, the guardian of that person with a development disability
23shall have the right to review and comment to the court on the accounting statement
24before the court approves the payment of compensation to the guardian ad litem. If
1the attorney of record is also the guardian ad litem, the attorney shall be entitled only
2to attorney fees and shall receive no compensation for services as guardian ad litem.".
AB100-ASA1-AA1,447,4
31218. Page 1832, line 15: delete that line and substitute "48.57 (3m) (b) 2.
or,
449.145 (2) (s), 49.19 (4) (h) 1. b.
or 49.775 (2) (bm) if all of the following apply:".
AB100-ASA1-AA1,447,147
799.24
(1) Entry of judgment or order; notice of entry thereof. When a
8judgment or an order is rendered, the judge, court commissioner or clerk of circuit
9court shall immediately enter it in the court record and note the date thereof which
10shall be the date of entry of judgment or order. The clerk of circuit court, except in
11municipal and county forfeiture actions, shall mail a notice of entry of judgment to
12the parties or their attorneys at their last-known address within 5 days of its entry.
13Upon payment of the
exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk
14of circuit court shall enter the judgment in the judgment and lien docket.".
AB100-ASA1-AA1,447,17
16"
Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the
17statutes is amended to read:
AB100-ASA1-AA1,447,2119
SUBCHAPTER IX
20HOSPITAL Health care
21
provider LIENS
AB100-ASA1-AA1,447,23
23779.80 (title)
Hospital Health care provider liens.
AB100-ASA1-AA1,448,73
779.80
(1m) Every
corporation, association or other organization operating as
4a charitable institution and maintaining a hospital in this state shall have health
5care provider has a lien for services rendered, by way of treatment, care or
6maintenance, to any person who has sustained personal injuries as a result of the
7negligence, wrongful act or any tort of any other person.
AB100-ASA1-AA1,448,99
779.80
(1b) In this section, "health care provider" means all of the following:
AB100-ASA1-AA1,448,1110
(a) A corporation, association or other organization operating as a charitable
11institution and maintaining a hospital in this state.
AB100-ASA1-AA1,448,1212
(b) A chiropractor licensed under ch. 446.
AB100-ASA1-AA1,448,1914
779.80
(2) Such lien shall attach to any and The lien under this section attaches
15to all rights of action, suits, claims, demands and upon any judgment, award or
16determination, and upon the proceeds of any settlement which
such the injured
17person
, or legal representatives might have against any
such other person for
18damages on account of
such the injuries, for the amount of the reasonable and
19necessary charges of
such hospital the health care provider.
AB100-ASA1-AA1, s. 5165m
20Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae)
21and amended to read:
AB100-ASA1-AA1,449,1022
779.80
(3) (ae)
No such lien shall be
A lien under this section is not effective
23unless
the health care provider files a written notice
containing under this
24paragraph. The notice shall contain the name and address of the injured person, the
25date and location of the event causing
such the injuries, the name and
location
1address of the
hospital
health care provider, and if ascertainable by reasonable
2diligence, the names and addresses of the persons alleged to be liable for damages
3sustained by
such the injured person
,. The notice shall be filed in the office of the
4clerk of circuit court in the county in which
such
the injuries
have occurred,
or in the
5county in which
such hospital the health care provider is located
, or in the county in
6which suit for recovery of such damages is pending
,. The notice shall be filed prior
7to the payment of any moneys to
such the injured person or legal representatives, but
8in no event later than 60 days after
discharge of such injured person from the hospital 9the date that the health care provider last provided services to the injured person for
10the injuries.
AB100-ASA1-AA1, s. 5165o
11Section 5165o. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and
12amended to read:
AB100-ASA1-AA1,449,1713
779.80
(3) (am) The clerk of circuit court shall enter all
hospital liens
created
14under this section in the judgment and lien docket, including the name of the injured
15person, the date of the event causing the injury and the name of the
hospital or other
16institution health care provider making the claim. The clerk of circuit court shall
17receive the fee prescribed in s. 814.61 (5) for entering each lien.
AB100-ASA1-AA1,450,219
779.80
(3) (b) Within 10 days after filing of the notice of lien
under par. (ae),
20the
hospital health care provider shall send by certified mail or registered mail or
21serve personally a copy of
such the notice with the date of filing thereof to or upon
22the injured person and the person alleged to be liable for damages sustained by
such 23the injured person, if ascertained by reasonable diligence. If
such hospital the health
24care provider fails to give notice if the name and address of the person injured or the
1person allegedly liable for the injury are known or should be known, the lien
shall
2be is void.
AB100-ASA1-AA1,450,63
(c) The
hospital health care provider shall also serve a copy of
such the notice
4under par. (ae), as provided in par. (b), to any insurer
which that has insured
such 5the person alleged to be liable for the injury against such liability, if the name and
6address may be ascertained by reasonable diligence.
AB100-ASA1-AA1,450,138
779.80
(4) After filing and service of the notice of lien, no release of any
9judgment, claim or demand by the injured person
shall be is valid as against
such 10the lien
under this section, and the person making any payment to
such the injured
11person or legal representatives as compensation for the injuries sustained shall, for
12a period of one year
from after the date of
such the payment, remain liable to the
13hospital health care provider for the amount of
such the lien.
AB100-ASA1-AA1,450,2215
779.80
(5) Such lien shall The lien under this section does not in any way
16prejudice or interfere with any lien or contract
which
that may be made by
such the 17injured person or legal representatives with any attorney
or attorneys for legal
18services rendered with respect to the claim of the injured person or legal
19representatives against the person alleged to be liable for
such the injury.
Said lien
20shall also be subservient to actual Actual taxable court costs
, and actual
21disbursements made by the attorney in prosecuting the court action
have priority
22over the lien under this section.
AB100-ASA1-AA1,451,3
1779.80
(6) No hospital is
A health care provider is not entitled to any lien under
2this section if the person injured is eligible for compensation under ch. 102 or any
3other worker's compensation act.".
AB100-ASA1-AA1,451,106
806.10
(1) (intro.) At the time of entry of a judgment directing in whole or in
7part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and
8upon payment of the
exact amount of the fee prescribed in s. 814.61 (5) (b), the clerk
9of circuit court shall enter the judgment in the judgment and lien docket, arranged
10alphabetically, including all of the following:
AB100-ASA1-AA1,451,1512
806.10
(3) Every clerk of circuit court who enters a judgment or decree and
13enters upon the judgment and lien docket a date or time other than that of its actual
14entry or neglects to enter the same at the proper time shall be liable
in treble
15damages to the party injured.".
AB100-ASA1-AA1,452,218
814.65
(1) Court costs. In a municipal court action, except an action for
19violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall
20collect a fee of
not less than $15
nor more than $23 on each separate matter, whether
21it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant
22or summons or the action is tried as a contested matter. Of each
$15 fee received by
23the judge under this subsection, the municipal treasurer shall pay monthly
1one-third $5 to the state treasurer for deposit in the general fund and shall retain
2the balance for the use of the municipality.".
AB100-ASA1-AA1,452,5
4"
Section 5200f. 846.04 of the statutes is renumbered 846.04 (1) and amended
5to read:
AB100-ASA1-AA1,452,136
846.04
(1) The plaintiff may, in the complaint, demand judgment for any
7deficiency that may remain due the plaintiff after sale of the mortgaged premises
8against every party who is personally liable for the debt secured by the mortgage.
9Judgment may be rendered for any deficiency remaining after applying the proceeds
10of sale to the amount due. The judgment for deficiency shall be ordered in the original
11judgment and separately rendered against the party liable on or after the
12confirmation of sale. The judgment for deficiency shall be entered in the judgment
13and lien docket and
, except as provided in subs. (2) and (3), enforced as in other cases.
AB100-ASA1-AA1,452,1915
846.04
(2) Except as provided in sub. (3), if a mortgage foreclosure deficiency
16judgment is entered on property devoted primarily to agricultural use, as defined in
17s. 91.01 (5), an action on the deficiency judgment shall be commenced within 10 years
18after the date on which the mortgage foreclosure deficiency judgment is entered or
19be barred.
AB100-ASA1-AA1,453,521
846.04
(3) If a mortgage foreclosure deficiency judgment was entered before
22January 1, 1989, on property devoted primarily to agricultural use, as defined in s.
2391.01 (5), an action on the deficiency judgment shall be commenced within 2 years
24after the effective date of this subsection .... [revisor inserts date], or be barred. Not
1later than 60 days prior to 2 years after the effective date of this subsection.... [revisor
2inserts date], the clerk of each circuit court in which a mortgage foreclosure
3deficiency judgment on property devoted primarily to agricultural use, as defined in
4s. 91.01 (5), was entered before January 1, 1989, and remains unsatisfied, shall do
5all of the following:
AB100-ASA1-AA1,453,116
(a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper
7of the county where the mortgage foreclosure deficiency judgment was entered,
8stating that the party holding the mortgage foreclosure deficiency judgment is
9required to commence an action on the deficiency judgment prior to 2 years after the
10effective date of this paragraph .... [revisor inserts date], or be barred from any
11further action on that deficiency judgment.
AB100-ASA1-AA1,453,1612
(b) Notify by certified mail the primary plaintiff in the action for the mortgage
13foreclosure deficiency judgment that the plaintiff is required to commence an action
14on the deficiency judgment prior to 2 years after the effective date of this paragraph
15.... [revisor inserts date], or be barred from any further action on that deficiency
16judgment.".
AB100-ASA1-AA1,453,22
19893.40 Action on judgment or decree; court of record. An Except as
20provided in s. 846.04 (2) and (3), action upon a judgment or decree of a court of record
21of any state or of the United States shall be commenced within 20 years after the
22judgment or decree is entered or be barred.".
AB100-ASA1-AA1,454,6
1895.483
(1) A regional emergency response team, a member of such a team, and
2a local agency, as defined in s. 166.22 (1) (c), that contracts with the
state emergency
3response board division of emergency management in the department of military
4affairs for the provision of a regional emergency response team, are immune from
5civil liability for acts or omissions related to carrying out responsibilities under a
6contract under s. 166.215 (1).".
AB100-ASA1-AA1,454,9
9905.20 Environmental audit privilege.
(1) Definitions. In this section:
AB100-ASA1-AA1,454,1210
(a) "Environmental audit" means an evaluation of a site or facility or of an
11activity or management system related to a site or facility, if the evaluation meets
12all of the following criteria:
AB100-ASA1-AA1,454,1313
1. Is conducted by or at the request of the owner or operator of the site or facility.
AB100-ASA1-AA1,454,1514
2. Is not required under a specific permit, license or approval condition or under
15an order issued by the department.
AB100-ASA1-AA1,454,1916
3. Is undertaken for the purpose of identifying, documenting and improving
17compliance with environmental requirements, to identify an environmental hazard,
18contamination or other adverse environmental condition, or to improve an
19environmental management system or process.
AB100-ASA1-AA1,454,2320
(b) "Environmental requirement" means a federal, state or local environmental
21law, including any rule, regulation, ordinance, permit, license, approval or special
22order issued under those laws. State environmental laws include chs. 160 and 280
23to 299 and s. 166.20.
AB100-ASA1-AA1,455,8
1(2) General rule of privilege. An owner or operator of a site or facility has
2a privilege to refuse to disclose and to prevent any other person from disclosing any
3document or record, stored in any format, that is collected or developed for the
4primary purpose and in the course of, or as a result of, an environmental audit of the
5owner's or operator's site or facility. This privilege may be claimed in any civil or
6criminal action or administrative proceeding, including a contested case, as defined
7in s. 227.01 (3). Disclosure of any part of an environmental audit to any of the
8following does not waive the privilege under this section: