SB77-SSA1,1829,1917
2. Under the accepted standards of the profession of the health care provider
18rendering the service, the procedure or device is reasonable and appropriate for the
19diagnosis or treatment of the condition.
SB77-SSA1,1829,2120
3. The purpose of the procedure or device is to control or eliminate infection,
21pain, disease or facial disfigurement or to restore functional swallowing or chewing.
SB77-SSA1,1829,2422
(b) The coverage required under this subsection may be subject to any
23limitations, exclusions or cost-sharing provisions that apply generally under the
24disability insurance policy or self-insured health plan.
SB77-SSA1,1830,5
1632.895
(12) Hospital services and anesthetics for dental care. (a) Every
2disability insurance policy, and every self-insured health plan of the state or a
3county, city, village, town or school district, shall cover hospital services and
4anesthetics that are provided in conjunction with dental care that is provided to a
5covered individual in a hospital, if any of the following applies:
SB77-SSA1,1830,66
1. The individual is a child under the age of 5.
SB77-SSA1,1830,87
2. The individual has a chronic disability that meets all of the conditions under
8s. 230.04 (9r) (a) 2. a., b. and c.
SB77-SSA1,1830,109
3. The individual has a medical condition that requires hospitalization or
10general anesthesia for dental care.
SB77-SSA1,1830,1311
(b) The coverage required under par. (a) may be subject to any limitations,
12exclusions or cost-sharing provisions that apply generally under the disability
13insurance policy or self-insured plan.
SB77-SSA1, s. 4932
14Section
4932. 632.897 (10) (am) 2. of the statutes is amended to read:
SB77-SSA1,1830,1915
632.897
(10) (am) 2. Provide family coverage under the group policy or
16individual policy for the individual's child, if eligible for coverage, upon application
17by the individual, the child's other parent, the department of
health and family
18services workforce development or the county
designee child support agency under
19s. 59.53 (5).
SB77-SSA1, s. 4932m
20Section 4932m. 632.898 (1), (2), (3), (4), (5) and (6) of the statutes are repealed.
SB77-SSA1, s. 4932n
21Section 4932n. 632.898 (7) of the statutes is renumbered 632.745 (1m) and
22amended to read:
SB77-SSA1,1831,1223
632.745
(1m) (title)
Repeal of exception to qualifying coverage. If the federal
24government enacts legislation providing for a federal income tax exemption for
25amounts deposited in
an a medical savings account established under
this section s.
1632.898, 1995 stats., and for any interest, dividends or other gain that accrues in the
2account if redeposited in the account, the commissioner shall conduct a study, to be
3completed within 4 years after the enactment of the federal legislation, of individuals
4and groups that had coverage under a high cost-share health plan
, as defined in s.
5632.898 (1) (c), 1995 stats., and that terminated that coverage in order to enroll in
6a health benefit plan that was not a high cost-share health plan
, as defined in s.
7632.898 (1) (c), 1995 stats. If as a result of the study the commissioner determines
8that s. 632.745 (1) (f) 2. is not necessary for the purpose for which it was intended,
9the commissioner shall certify that determination to the revisor of statutes. Upon
10the certification, the revisor of statutes shall publish notice in the Wisconsin
11administrative register of the determination, the date of the certification and that
12after 30 days after the date of the certification
s. 632.745 sub. (1) (f) 2. is not effective.
SB77-SSA1,1831,15
15700.38 Access to landlocked land. (1) In this section:
SB77-SSA1,1831,1616
(a) "Acquiring entity" means any of the following:
SB77-SSA1,1831,1717
1. The state or a state agency.
SB77-SSA1,1831,1818
2. A local governmental unit.
SB77-SSA1,1831,2019
3. An organization that has received a grant or loan from a state agency or a
20local governmental unit.
SB77-SSA1,1831,2121
(b) "Local governmental unit" has the meaning given in s. 30.94 (1) (c).
SB77-SSA1,1831,2222
(c) "State agency" has the meaning given in s. 23.175 (1) (b).
SB77-SSA1,1832,2
23(2) If an acquiring entity acquires land and, as a result of the acquisition, the
24owner of land adjacent to the land acquired by the acquiring entity is not permitted
1any access to the owner's land, the acquiring entity, upon request of the owner, shall
2provide to the owner a right of access to the owner's land.
SB77-SSA1,1832,44
703.16
(6) (e) A lien under s. 292.31 (8) (i)
, 292.41 (6) (d) or 292.81.
SB77-SSA1,1832,106
706.11
(1) (intro.) Except as provided in sub. (4), when any of the following
7mortgages has been duly recorded, it shall have priority over all liens upon the
8mortgaged premises and the buildings and improvements thereon, except tax and
9special assessment liens filed after the recording of such mortgage and except liens
10under
s. ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81:
SB77-SSA1,1832,1212
707.37
(4) (d) A lien under s. 292.31 (8) (i)
, 144.77 292.41 (6) (d) or 292.81.
SB77-SSA1,1832,1715
767.001
(2) (b) With respect to
the department of health and family services
16or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
17legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
SB77-SSA1,1832,2220
767.02
(1) (m) To enforce or revise an order for support entered under s. 48.355
21(2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2)
(4), 938.355 (2) (b) 4., 938.357 (5m) or
22938.363 (2).
SB77-SSA1,1833,9
1767.025
(4) If a petition, motion or order to show cause for enforcement or
2modification of a child support, family support or maintenance order is filed and
3heard
, regardless of whether it is filed and heard in a county other than the county
4in which the original judgment or order was rendered, any judgment or order
5enforcing or modifying the original judgment or order shall specify
the clerk of circuit
6court or support collection designee to whom that payments of support or
7maintenance
are payable and the clerk of circuit court or support collection designee
8to whom, and payments of arrearages in support or maintenance, if any, are payable
9to the department or its designee, whichever is appropriate.
SB77-SSA1,1833,15
11767.077 Support for dependent child. (intro.) The state or its delegate
12under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
13(1) (f) or, if appropriate, for paternity determination and child support under s.
14767.45 whenever the child's right to support is assigned to the state under s. 46.261,
1548.57 (3m) (b) 2.
, 49.145 (2) (s) or 49.19 (4) (h) 1. b. if all of the following apply:
SB77-SSA1,1834,217
767.08
(3) If the state or any subdivision thereof furnishes public aid to a
18spouse or dependent child for support and maintenance and the spouse, person with
19legal custody or nonlegally responsible relative fails or refuses to institute an
20appropriate court action under this chapter to provide for the same, the person in
21charge of county welfare activities, the county child support
program designee 22agency under s. 59.53 (5) or the department is a real party in interest under s.
23767.075 and shall initiate an action under this section, for the purpose of obtaining
24support and maintenance. Any attorney employed by the state or any subdivision
1thereof may initiate an action under this section. The title of the action shall be "In
2re the support or maintenance of A.B. (Child)".
SB77-SSA1,1834,114
767.15
(1) In any action affecting the family in which either party is a recipient
5of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party
6shall, either within 20 days after making service on the opposite party of any motion
7or pleading requesting the court or family court commissioner to order, or to modify
8a previous order, relating to child support, maintenance or family support, or before
9filing the motion or pleading in court, serve a copy of the motion or pleading upon the
10county child support
program designee
agency under s. 59.53 (5) of the county in
11which the action is begun.
SB77-SSA1,1834,1613
767.25
(1g) In determining child support payments, the court may consider all
14relevant financial information or other information relevant to the parent's earning
15capacity, including information reported
under s. 49.22 (2m) to the department
, or
16the county child
and spousal support agency
, under s.
49.22 (2m) 59.53 (5).
SB77-SSA1,1835,818
767.25
(4m) (c) 1. In directing the manner of payment of a child's health care
19expenses, the court may order that payment, including payment for health insurance
20premiums, be withheld from income and sent to the appropriate health care insurer,
21provider or plan, as provided in s. 767.265 (3h), or sent to the
clerk of court or support
22collection department or its designee, whichever is appropriate, for disbursement to
23the person for whom the payment has been awarded if that person is not a health care
24insurer, provider or plan. If the court orders income withholding and assignment for
25the payment of health care expenses, the court shall send notice of assignment in the
1manner provided under s. 767.265 (2r) and may include the notice of assignment
2under this subdivision with a notice of assignment under s. 767.265. The
clerk of
3court department or its designee, whichever is appropriate, shall keep a record of all
4moneys received and disbursed by the
clerk department or its designee for health
5care expenses that are directed to be paid to the
clerk and the support collection
6designee shall keep a record of all moneys received and disbursed by the support
7collection designee for health care expenses that are directed to be paid to the support
8collection department or its designee.
SB77-SSA1,1835,1210
767.25
(4m) (d) 2. Provide family coverage of health care expenses for the child,
11if eligible for coverage, upon application by the parent, the child's other parent, the
12department or the county
designee child support agency under s. 59.53 (5).
SB77-SSA1, s. 4976
13Section
4976. 767.25 (6) (intro.) of the statutes is amended to read:
SB77-SSA1,1835,2114
767.25
(6) (intro.) A party ordered to pay child support under this section shall
15pay simple interest at the rate of 1.5% per month on any amount unpaid,
16commencing the first day of the 2nd month after the month in which the amount was
17due. Interest under this subsection is in lieu of interest computed under s. 807.01
18(4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support collection 19department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the
20clerk of court or support collection department or its designee, whichever is
21appropriate, shall apply all payments received for child support as follows:
SB77-SSA1,1836,323
767.25
(6) (a) First, to payment of child support due within the calendar month
24during which the payment is withheld from income under s. 767.265 or under similar
25laws of another state. If payment is not made through income withholding, the
clerk
1or support collection department or its designee, whichever is appropriate, shall first
2apply child support payments received to payment of child support due within the
3calendar month during which the payment is received.
SB77-SSA1,1836,14
5767.261 Family support. (intro.) The court may make a financial order
6designated "family support" as a substitute for child support orders under s. 767.25
7and maintenance payment orders under s. 767.26. A party ordered to pay family
8support under this section shall pay simple interest at the rate of 1.5% per month on
9any amount unpaid, commencing the first day of the 2nd month after the month in
10which the amount was due. Interest under this section is in lieu of interest computed
11under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the
clerk of court or support
12collection department or its designee under s. 767.29. Except as provided in s. 767.29
13(1m), the
clerk of court or support collection department or its designee, whichever
14is appropriate, shall apply all payments received for family support as follows:
SB77-SSA1,1836,2116
767.261
(1) First, to payment of family support due within the calendar month
17during which the payment is withheld from income under s. 767.265 or under similar
18laws of another state. If payment is not made through income withholding, the
clerk
19or support collection department or its designee, whichever is appropriate, shall first
20apply family support payments received to payment of family support due within the
21calendar month during which the payment is received.
SB77-SSA1,1837,523
767.262
(4) (b) The court may order payment of costs under this section by
a
24county the department or its designee, whichever is appropriate, in an action in
25which the court finds that the record of payments and arrearages kept by the
clerk
1of court under s. 59.40 (2) (h) or the support collection
department or its designee
2under s. 59.07 (97m) (b) 1. is substantially incorrect and that the
clerk of court or
3support collection department or its designee has failed to correct the record within
430 days after having received information that the court determines is sufficient for
5making the correction.
SB77-SSA1,1837,19
7767.263 Notice of change of employer; change of address; change in
8ability to pay. Each order for child support, family support or maintenance
9payments shall include an order that the payer and payee notify the
clerk of court
10or support collection designee, whichever is appropriate, county child support agency
11under s. 59.53 (5) of any change of address within 10 days of such change. Each order
12for child support, family support or maintenance payments shall also include an
13order that the payer notify the
clerk of court or support collection designee, county
14child support agency under s. 59.53 (5) within 10 days, of any change of employer and
15of any substantial change in the amount of his or her income such that his or her
16ability to pay child support, family support or maintenance is affected. The order
17shall also include a statement that clarifies that notification of any substantial
18change in the amount of the payer's income will not result in a change of the order
19unless a revision of the order is sought.
SB77-SSA1,1838,1121
767.265
(1) Each order for child support under this chapter, for maintenance
22payments under s. 767.23 or 767.26, for family support under this chapter, for costs
23ordered under s. 767.51 (3), for support by a spouse under s. 767.02 (1) (f) or for
24maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment
25or order with respect to child support, maintenance or family support payments
1under s. 767.32, each stipulation approved by the court or the family court
2commissioner for child support under this chapter and each order for child or spousal
3support entered under s. 948.22 (7) constitutes an assignment of all commissions,
4earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery
5prizes that are payable in instalments and other money due or to be due in the future
6to the
clerk of court or support collection department or its designee
of the county
7where the action is filed. The assignment shall be for an amount sufficient to ensure
8payment under the order or stipulation and to pay any arrearages due at a periodic
9rate not to exceed 50% of the amount of support due under the order or stipulation
10so long as the addition of the amount toward arrearages does not leave the party at
11an income below the poverty line established under
42 USC 9902 (2).
SB77-SSA1,1838,2513
767.265
(2r) Upon entry of each order for child support, maintenance, family
14support or support by a spouse and upon approval of each stipulation for child
15support, unless the court finds that income withholding is likely to cause the payer
16irreparable harm or unless s. 767.267 applies, the court
, family court commissioner
17or county child support agency under s. 59.53 (5) shall provide notice of the
18assignment by regular mail to the last-known address of the person from whom the
19payer receives or will receive money. If the
clerk of court or support collection 20department or its designee, whichever is appropriate, does not receive the money
21from the person notified, the court
, family court commissioner or county child
22support agency under s. 59.53 (5) shall provide notice of the assignment to any other
23person from whom the payer receives or will receive money. Notice under this
24subsection may be a notice of the court, a copy of the executed assignment or a copy
25of that part of the court order directing payment.
SB77-SSA1,1839,152
767.265
(3h) A person who receives notice of assignment under this section or
3s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another state
4shall withhold the amount specified in the notice from any money that person pays
5to the payer later than one week after receipt of notice of assignment. Within 5 days
6after the day the person pays money to the payer, the person shall send the amount
7withheld to the
clerk of court or support collection
department or its designee,
8whichever is appropriate,
of the jurisdiction providing notice or, in the case of an
9amount ordered withheld for health care expenses, to the appropriate health care
10insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to
11the
clerk of court or support collection department or its designee, the person from
12whom the payer receives money shall receive an amount equal to the person's
13necessary disbursements, not to exceed $3, which shall be deducted from the money
14to be paid to the payer. Section 241.09 does not apply to assignments under this
15section.
SB77-SSA1,1839,2517
767.265
(6) (a) Except as provided in sub. (3m), if after receipt of notice of
18assignment the person from whom the payer receives money fails to withhold the
19money or send the money to the
clerk of court or support collection department or its 20designee or the appropriate health care insurer, provider or plan as provided in this
21section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be
22proceeded against under the principal action under ch. 785 for contempt of court or
23may be proceeded against under ch. 778 and be required to forfeit not less than $50
24nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
25amount not withheld or sent.
SB77-SSA1,1840,72
767.265
(6) (b) If an employer who receives an assignment under this section
3or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the
clerk of court
4or support collection department or its designee, whichever is appropriate, within 10
5days after an employe is terminated or otherwise temporarily or permanently leaves
6employment, the employer may be proceeded against under the principal action
7under ch. 785 for contempt of court.
SB77-SSA1,1840,139
767.265
(7) A person who receives more than one notice of assignment under
10sub. (3h) may send all money withheld to the
clerk of court or support collection 11department or its designee, whichever is appropriate, in a combined payment,
12accompanied by any information the
clerk of court or support collection department
13or its designee requires.
SB77-SSA1,1841,915
767.267
(1) If the court or the family court commissioner determines that
16income withholding under s. 767.265 is inapplicable, ineffective or insufficient to
17ensure payment under an order or stipulation specified in s. 767.265 (1), or that
18income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable,
19ineffective or insufficient to ensure payment of a child's health care expenses,
20including payment of health insurance premiums, ordered under s. 767.25 (4m) or
21767.51 (3m), the court or family court commissioner may require the payer to identify
22or establish a deposit account, owned in whole or in part by the payer, that allows for
23periodic transfers of funds and to file with the financial institution at which the
24account is located an authorization for transfer from the account to the
clerk of court
25or support collection department or its designee, whichever is appropriate. The
1authorization shall be provided on a standard form approved by the court and shall
2specify the frequency and the amount of transfer, sufficient to meet the payer's
3obligation under the order or stipulation, as required by the court or family court
4commissioner. The authorization shall include the payer's consent for the financial
5institution or an officer, employe or agent of the financial institution to disclose
6information to the court, family court commissioner,
clerk of court or support
7collection county child support agency under s. 59.53 (5), department or
8department's designee regarding the account for which the payer has executed the
9authorization for transfer.
SB77-SSA1,1841,2111
767.267
(2) A financial institution that receives an authorization for transfer
12under sub. (1) shall transfer the amounts as specified in the authorization or shall
13transfer the amount available for transfer if at a time of transfer that amount is less
14than the amount specified in the authorization. The financial institution may
15accomplish the transfer by any lawful means, including payment by check, subject
16to the terms of the account. The financial institution may deduct from the payer's
17account for each transfer its usual fee for such fund transfers. If the account is closed
18or if no funds are available at a time of transfer, the financial institution shall notify
19the
clerk of court or support collection county child support agency under s. 59.53 (5)
20or the department or its designee, whichever is appropriate, within 10 days after the
21date on which the funds should have been transferred.
SB77-SSA1,1842,223
767.267
(5) A financial institution or an officer, employe or agent of a financial
24institution may disclose information to the court, family court commissioner,
clerk
25of court or support collection county child support agency under s. 59.53 (5),
1department or department's designee concerning an account for which a payer has
2executed an authorization for transfer under sub. (1).
SB77-SSA1,1842,174
767.27
(2m) In every action in which the court has ordered a party to pay child
5support under s. 767.25 or 767.51 or family support under s. 767.261 and the
6circumstances specified in s. 767.075 (1) apply, the court shall require the party who
7is ordered to pay the support to annually furnish the disclosure form required under
8this section and may require that party to annually furnish a copy of his or her most
9recently filed state and federal income tax returns to the
designee county child
10support agency under s. 59.53 (5) for the county in which the order was entered. In
11any action in which the court has ordered a party to pay child support under s. 767.25
12or 767.51 or family support under s. 767.261, the court may require the party who
13is ordered to pay the support to annually furnish the disclosure form required under
14this section and a copy of his or her most recently filed state and federal income tax
15returns to the party for whom the support has been awarded. A party who fails to
16furnish the information as required by the court under this subsection may be
17proceeded against for contempt of court under ch. 785.
SB77-SSA1,1842,2319
767.27
(4) Failure by either party timely to file a complete disclosure statement
20as required by this section shall authorize the court to accept as accurate any
21information provided in the statement of the other party or obtained under s. 49.22
22(2m) by the department or the county child
and spousal support agency
under s.
2359.53 (5).
SB77-SSA1, s. 5009
24Section
5009. 767.29 (1) of the statutes is renumbered 767.29 (1) (a) and
25amended to read:
SB77-SSA1,1843,8
1767.29
(1) (a) All orders or judgments providing for temporary or permanent
2maintenance, child support or family support payments shall direct the payment of
3all such sums to the
clerk of court, or support collection designee in a county that has
4designated a support collection designee under s. 59.07 (97m),
department or its
5designee for the use of the person for whom the same has been awarded. A party
6securing an order for temporary maintenance, child support or family support
7payments shall forthwith file the order, together with all pleadings in the action,
8with the clerk of court
or support collection designee.
SB77-SSA1,1843,19
9(c) Except as provided in sub. (1m), the
clerk or support collection department
10or its designee shall disburse the money
so received under the judgment or order
11within 15 days in the manner required by federal regulations and take receipts
12therefor, unless the
clerk or support collection
department or its designee is unable
13to disburse the moneys because they were paid by check or other draft drawn upon
14an account containing insufficient funds. All moneys received or disbursed under
15this section shall be entered in a record kept by the
clerk or support collection 16department or its designee, whichever is appropriate, which shall be open to
17inspection by the
department for the administration of the child and spousal support
18and establishment of paternity program under s. 49.22, the parties to the action
and, 19their attorneys
, and the family court commissioner.
SB77-SSA1,1844,8
20(e) If the maintenance, child support or family support payments adjudged or
21ordered to be paid
shall are not
be paid to the
clerk or support collection department
22or its designee at the time provided in the judgment or order, the
clerk or support
23collection designee county child support agency under s. 59.53 (5) or the family court
24commissioner of the county shall take such proceedings as he or she considers
25advisable to secure the payment of the sum including enforcement by contempt
1proceedings under ch. 785 or by other means. Copies of any order issued to compel
2the payment shall be mailed to counsel who represented each party when the
3maintenance, child support or family support payments were awarded. In case any
4fees of officers in any of the proceedings, including the compensation of the family
5court commissioner at the rate of $50 per day unless the commissioner is on a
6salaried basis, is not collected from the person proceeded against, the fees shall be
7paid out of the county treasury upon the order of the presiding judge and the
8certificate of the
clerk of court or support collection designee department.