AB100-engrossed,2143,159
635.02
(7) "Small employer" means, with respect to a calendar year and a plan
10year, an employer that employed an average of at least 2 but not more than 50
11employes on business days during the preceding calendar year, or that is reasonably
12expected to employ an average of at least 2 but not more than 50 employes on
13business days during the current calendar year if the employer was not in existence
14during the preceding calendar year, and that employs at least 2 employes on the first
15day of the plan year.
AB100-engrossed,2143,1717
635.02
(9) "Small group market" has the meaning given in s. 632.745 (26).
AB100-engrossed, s. 4932y
19Section 4932y. 635.11 of the statutes is renumbered 635.11 (1m), and 635.11
20(1m) (intro.), as renumbered, is amended to read:
AB100-engrossed,2143,2321
635.11
(1m) (intro.) Before the sale of a plan or policy subject to this
subchapter 22chapter, a small employer insurer shall disclose to a small employer all of the
23following:
AB100-engrossed,2144,2
1635.11
(1m) (e) As part of the small employer insurer's solicitation and sales
2materials, the availability of the information under par. (f).
AB100-engrossed,2144,54
635.11
(1m) (f) Upon the request of the small employer, the following
5information:
AB100-engrossed,2144,76
1. The provisions, if any, of the plan or policy relating to preexisting condition
7exclusions.
AB100-engrossed,2144,98
2. The benefits and premiums available under all health insurance coverage
9offered by the small employer insurer for which the small employer is qualified.
AB100-engrossed,2144,1411
635.11
(2m) Information required to be disclosed under this section shall be
12provided in a manner that is understandable to a small employer and shall be
13sufficient to reasonably inform a small employer of the small employer's rights and
14obligations under the health insurance coverage.
AB100-engrossed,2144,1816
635.11
(3m) A small employer insurer is not required under this section to
17disclose information that is proprietary or trade secret information under applicable
18law.
AB100-engrossed,2144,2420
635.13
(1) Records. A small employer insurer shall maintain at its principal
21place of business complete and detailed records relating to its rating methods and
22practices and its renewal underwriting methods and practices, and shall make the
23records available to the commissioner
and the small employer insurance board upon
24request.
AB100-engrossed,2145,7
1635.18
(1) Every small employer insurer shall actively market health benefit
2plan coverage
, including basic health benefit plans, to small employers in the state.
3If a small employer insurer denies coverage to a small employer under a health
4benefit plan that is not a basic health benefit plan on the basis of the health status
5or claims experience of the small employer or its eligible employes or their
6dependents, the small employer insurer shall offer the small employer the
7opportunity to purchase a basic health benefit plan.
AB100-engrossed,2145,1410
635.18
(7) A 3rd-party administrator that enters into a contract, agreement
11or other arrangement with a small employer insurer to provide administrative,
12marketing or other services related to the offering of health benefit plans to small
13employers in this state is subject to this
subchapter
chapter as if it were a small
14employer insurer.
AB100-engrossed,2145,18
16635.19 Issuance of coverage in small group market. (1) (a) Except as
17provided in subs. (2) to (6), a small employer insurer that offers a group health benefit
18plan in the small group market shall do all of the following:
AB100-engrossed,2145,1919
1. Accept any small employer in the state that applies for such coverage.
AB100-engrossed,2145,2220
2. Accept for enrollment under such coverage any eligible individual who
21applies for enrollment during the period in which the individual first becomes
22eligible to enroll under the terms of the group health benefit plan.
AB100-engrossed,2145,2423
3. Place no restriction on an eligible individual under par. (b) that is
24inconsistent with s. 632.746 or 632.748.
AB100-engrossed,2146,3
1(b) For purposes of this section, whether an individual is an "eligible
2individual" in relation to a small employer shall be determined in accordance with
3all of the following:
AB100-engrossed,2146,54
1. The terms of the group health benefit plan under which the individual is
5applying for enrollment.
AB100-engrossed,2146,86
2. Rules of the small employer insurer offering the group health benefit plan
7under which the individual is applying for enrollment, which rules must apply
8uniformly in this state to small employers in the small group market.
AB100-engrossed,2146,109
3. All state laws that apply to small employer insurers and the small group
10market.
AB100-engrossed,2146,12
11(2) (a) A small employer insurer that offers a group health benefit plan in the
12small group market through a network plan may do any of the following:
AB100-engrossed,2146,1413
1. Limit the small employers that may apply for such coverage to those with
14eligible individuals who reside, live or work in the service area of the network plan.
AB100-engrossed,2146,1715
2. Within the service area of the network plan, deny such coverage to small
16employers if the small employer insurer demonstrates to the commissioner all of the
17following:
AB100-engrossed,2146,2018
a. That the insurer does not have the capacity to deliver services adequately
19to enrollees of any additional groups because of its obligations to existing group
20contract holders and enrollees.
AB100-engrossed,2146,2421
b. That the insurer is applying this subdivision uniformly to all small
22employers without regard to the claims experience of those small employers or their
23employes or employes' dependents or any other health status-related factor of those
24employes or their dependents.
AB100-engrossed,2147,3
1(b) A small employer insurer that denies coverage under par. (a) 2. in any
2service area may not offer coverage in the small group market in that service area
3for 180 days after the date on which the coverage was denied.
AB100-engrossed,2147,7
4(3) (a) A small employer insurer that offers a group health benefit plan in the
5small group market may deny small employers coverage under such a plan in the
6small group market if the small employer insurer demonstrates to the commissioner
7all of the following:
AB100-engrossed,2147,98
1. That the insurer does not have the financial reserves necessary to
9underwrite additional coverage.
AB100-engrossed,2147,1410
2. That the insurer is applying this paragraph uniformly to all small employers
11in the small group market in the state in accordance with applicable state law and
12without regard to the claims experience of those small employers or their employes
13or employes' dependents or any other health status-related factor of those employes
14or their dependents.
AB100-engrossed,2147,1915
(b) A small employer insurer that denies coverage under par. (a) may not offer
16a group health benefit plan in the small group market in the state for 180 days after
17the date on which the coverage was denied or until the insurer demonstrates to the
18commissioner that the insurer has sufficient financial reserves to underwrite
19additional coverage, whichever is later.
AB100-engrossed,2147,22
20(4) Subsection (1) shall not be construed to preclude a small employer insurer
21from establishing, for the offering of a group health benefit plan in the small group
22market, any of the following:
AB100-engrossed,2147,2523
(a) Rules or requirements relating to the minimum level or amount of small
24employer contribution toward the premium for the enrollment of participants and
25beneficiaries.
AB100-engrossed,2148,3
1(b) Rules or requirements relating to the minimum number or percentage of
2participants or beneficiaries that must be enrolled in relation to a specified number
3or percentage of eligible individuals or employes of a small employer.
AB100-engrossed,2148,5
4(5) Subsection (1) does not apply to a group health benefit plan offered by a
5small employer insurer in the small group market if all of the following apply:
AB100-engrossed,2148,76
(a) The group health benefit plan is offered in the small group market only
7through one or more bona fide associations.
AB100-engrossed,2148,118
(b) The small employer insurer offering the group health benefit plan makes
9the coverage available to all members of a bona fide association regardless of any
10health status-related factors of the members or individuals eligible for coverage
11through the members.
AB100-engrossed,2148,1412
(c) The small employer insurer offering the group health benefit plan complies
13with any rules of the commissioner that are reasonably designed to prevent the use
14of an association for risk segmentation.
AB100-engrossed,2148,17
15(6) The commissioner may by rule permit an exception to sub. (1) with respect
16to a small employer for which coverage is nonrenewed or discontinued for a reason
17specified under s. 632.749 (2) (a) or (b).
AB100-engrossed,2148,2121
703.16
(6) (e) A lien under s. 292.31 (8) (i)
, 292.41 (6) (d) or 292.81.
AB100-engrossed,2149,223
706.11
(1) (intro.) Except as provided in sub. (4), when any of the following
24mortgages has been duly recorded, it shall have priority over all liens upon the
25mortgaged premises and the buildings and improvements thereon, except tax and
1special assessment liens filed after the recording of such mortgage and except liens
2under
s. ss. 292.31 (8) (i)
, 292.41 (6) (d) and 292.81:
AB100-engrossed,2149,124
706.13
(1) In addition to any criminal penalty or civil remedy provided by law,
5any person who submits for filing, entering in the judgment and lien docket or
6recording, any lien, claim of lien, lis pendens, writ of attachment
, financing
7statement or any other instrument relating to
a security interest in or the title
in to 8real or personal property,
knowing and who knows or should have known that the
9contents or any part of the contents
to be of the instrument are false,
a sham or
10frivolous, is liable in tort to any person interested in the property whose title is
11thereby impaired, for punitive damages of $1,000 plus any actual damages caused
12by the filing, entering or recording.
AB100-engrossed,2149,1414
707.37
(4) (d) A lien under s. 292.31 (8) (i)
, 144.77 292.41 (6) (d) or 292.81.
AB100-engrossed,2149,1716
753.06
(8) (e) Oconto county. The circuit has one branch.
Commencing August
171, 1998, the circuit has 2 branches.
AB100-engrossed,2149,2519
755.09
(1) Every judge shall keep his or her office and hold court
only in the
20municipal hall of the town, village or city in which elected or if no room is available
21in the municipal hall, in any adequate facility provided by the governing body
may
22authorize him or her to temporarily keep office and hold court elsewhere in the
23municipality of the city, village or town, other than at a place prohibited under sub.
24(2). The judge may issue process or perform ministerial functions at any place in the
25county.
AB100-engrossed,2150,13
2755.19 Municipal court commissioners.
(1) Appointment. First class cities
3may create the office of municipal court commissioner. The municipal court
4commissioner shall be an attorney licensed to practice in this state and shall
5complete annual educational credits consistent with supreme court requirements for
6municipal judges. The common council shall establish the number of positions and
7set the term, the additional qualifications and the compensation for the office. The
8presiding judge of the municipal court shall be the appointing authority and may
9terminate the employment of a municipal court commissioner at will and without
10cause. The municipal court commissioner shall be supervised by the judge whose
11cases the commissioner is hearing. Each municipal court commissioner shall take
12and file the official oath in the office of the clerk of the municipal court of the 1st class
13city for which appointed before performing any duty of the office.
AB100-engrossed,2150,15
14(2) Powers and duties. Under the supervision of a municipal judge, a
15municipal court commissioner may do all of the following:
AB100-engrossed,2150,2016
(a) Under ss. 800.04 and 800.095 (4) and (5), conduct initial appearances and
17receive noncontested forfeiture pleas, order the revocation or suspension of driving
18privileges and impose forfeitures, impose community service and restitution
19according to the schedule adopted by the municipal court where appointed, and issue
20dispositional and sanction orders pursuant to ch. 938.
AB100-engrossed,2150,2121
(b) Issue warrants for those who do not appear as scheduled or as summoned.
AB100-engrossed,2150,2222
(c) Conduct hearings on warrant returns.
AB100-engrossed,2150,2323
(d) Schedule indigency hearings.
AB100-engrossed,2150,2424
(e) Make a finding on the indigency of defendants.
AB100-engrossed,2150,2525
(f) Enforce alternative judgments for failure to comply with court orders.
AB100-engrossed,2151,1
1(g) Conduct court proceedings and exercise any power authorized by statute.
AB100-engrossed,2151,9
2(3) New hearings and appeals of municipal court commissioner rulings. A
3motion for a new hearing or appeal of a contested ruling by a municipal court
4commissioner shall be filed with the municipal court no later than the 20th day after
5the commissioner makes the ruling. The motion shall be heard by the supervising
6municipal judge under the procedure consistent with the procedure adopted by the
7judicial district on motions to reopen judgments before the municipal court. Nothing
8in this subsection shall be construed as altering the time periods for filing a notice
9of appeal from a final judgment or filing a motion of relief from judgment.
AB100-engrossed,2151,21
11757.23 Court commissioner, when disqualified. A
municipal court
12commissioner, a court commissioner, or any judge acting as a court commissioner,
13shall not act or take part in the decision of, or make any order in any matter or
14proceeding in which he or she is a party, or in which his or her rights would be in any
15manner affected by his or her decision or order thereon, or in which he or she is
16interested, or in which his or her law partner, or any person connected with him or
17her as employer, employe or clerk, or in the law business in any manner, shall be
18interested or appear as a party, agent, attorney or counsel. Any
municipal court
19commissioner, court commissioner or judge, acting as a court commissioner, violating
20this section shall forfeit $25 for each violation, and shall also be subject to removal
21from office.
AB100-engrossed,2152,1623
757.48
(1) (b) The guardian ad litem shall be allowed reasonable compensation
24for his or her services such as is customarily charged by attorneys in this state for
25comparable services. If the court orders a county to pay the compensation of the
1guardian ad litem, the amount ordered may not exceed the compensation paid to
2private attorneys under s. 977.08 (4m) (b).
When a court appoints a guardian ad
3litem for a person with a developmental disability, the court shall require the
4guardian ad litem, as a condition of accepting the appointment, to submit a written
5detailed statement of the services he or she plans to provide for the developmentally
6disabled person. In addition, as a condition of receipt of compensation from a county,
7a guardian ad litem shall provide an accounting of the services he or she did provide
8to the developmentally disabled person on a form that the circuit court develops and
9provides to the guardian ad litem. The guardian ad litem shall submit a copy of that
10accounting to the guardian of the person with a developmental disability, and if the
11guardian and the guardian ad litem have a dispute regarding that accounting, the
12court may consider the comments of both the guardian and the guardian ad litem
13before issuing an order regarding the compensation to be paid to the guardian ad
14litem. If the attorney of record is also the guardian ad litem, the attorney shall be
15entitled only to attorney fees and shall receive no compensation for services as
16guardian ad litem.
AB100-engrossed,2152,2119
767.001
(2) (b) With respect to
the department of health and family services
20or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
21legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
AB100-engrossed,2153,3
1767.02
(1) (m) To enforce or revise an order for support entered under s. 48.355
2(2) (b) 4., 48.357 (5m), 48.363 (2), 938.183
(2)
(4), 938.355 (2) (b) 4., 938.357 (5m) or
3938.363 (2).
AB100-engrossed,2153,146
767.025
(4) If a petition, motion or order to show cause for enforcement or
7modification of a child support, family support or maintenance order is filed and
8heard
, regardless of whether it is filed and heard in a county other than the county
9in which the original judgment or order was rendered, any judgment or order
10enforcing or modifying the original judgment or order shall specify
the clerk of circuit
11court or support collection designee to whom that payments of support or
12maintenance
are payable and the clerk of circuit court or support collection designee
13to whom, and payments of arrearages in support or maintenance, if any, are payable
14to the department or its designee, whichever is appropriate.
AB100-engrossed,2153,21
16767.077 Support for dependent child. (intro.) The state or its delegate
17under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02
18(1) (f) or, if appropriate, for paternity determination and child support under s.
19767.45 whenever the child's right to support is assigned to the state under s. 46.261,
2048.57 (3m) (b) 2.
or, 49.145 (2) (s), 49.19 (4) (h) 1. b.
or 49.775 (2) (bm) if all of the
21following apply: