AB100: Bill Text Engrossed

AB100-engrossed,2146,17 2. Within the service area of the network plan, deny such coverage to small employers if the small employer insurer demonstrates to the commissioner all of the following:

AB100-engrossed,2146,20 a. That the insurer does not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees.

AB100-engrossed,2146,24 b. That the insurer is applying this subdivision uniformly to all small employers without regard to the claims experience of those small employers or their employes or employes' dependents or any other health status-related factor of those employes or their dependents.

AB100-engrossed,2147,3 (b) A small employer insurer that denies coverage under par. (a) 2. in any service area may not offer coverage in the small group market in that service area for 180 days after the date on which the coverage was denied.

AB100-engrossed,2147,7 (3) (a) A small employer insurer that offers a group health benefit plan in the small group market may deny small employers coverage under such a plan in the small group market if the small employer insurer demonstrates to the commissioner all of the following:

AB100-engrossed,2147,9 1. That the insurer does not have the financial reserves necessary to underwrite additional coverage.

AB100-engrossed,2147,14 2. That the insurer is applying this paragraph uniformly to all small employers in the small group market in the state in accordance with applicable state law and without regard to the claims experience of those small employers or their employes or employes' dependents or any other health status-related factor of those employes or their dependents.

AB100-engrossed,2147,19 (b) A small employer insurer that denies coverage under par. (a) may not offer a group health benefit plan in the small group market in the state for 180 days after the date on which the coverage was denied or until the insurer demonstrates to the commissioner that the insurer has sufficient financial reserves to underwrite additional coverage, whichever is later.

AB100-engrossed,2147,22 (4) Subsection (1) shall not be construed to preclude a small employer insurer from establishing, for the offering of a group health benefit plan in the small group market, any of the following:

AB100-engrossed,2147,25 (a) Rules or requirements relating to the minimum level or amount of small employer contribution toward the premium for the enrollment of participants and beneficiaries.

AB100-engrossed,2148,3 (b) Rules or requirements relating to the minimum number or percentage of participants or beneficiaries that must be enrolled in relation to a specified number or percentage of eligible individuals or employes of a small employer.

AB100-engrossed,2148,5 (5) Subsection (1) does not apply to a group health benefit plan offered by a small employer insurer in the small group market if all of the following apply:

AB100-engrossed,2148,7 (a) The group health benefit plan is offered in the small group market only through one or more bona fide associations.

AB100-engrossed,2148,11 (b) The small employer insurer offering the group health benefit plan makes the coverage available to all members of a bona fide association regardless of any health status-related factors of the members or individuals eligible for coverage through the members.

AB100-engrossed,2148,14 (c) The small employer insurer offering the group health benefit plan complies with any rules of the commissioner that are reasonably designed to prevent the use of an association for risk segmentation.

AB100-engrossed,2148,17 (6) The commissioner may by rule permit an exception to sub. (1) with respect to a small employer for which coverage is nonrenewed or discontinued for a reason specified under s. 632.749 (2) (a) or (b).

AB100-engrossed, s. 4937m Section 4937m. Subchapter II of chapter 635 [precedes 635.20] of the statutes, as affected by 1995 Wisconsin Act 289, is repealed.

AB100-engrossed, s. 4945 Section 4945. 703.16 (6) (e) of the statutes is amended to read:

AB100-engrossed,2148,21 703.16 (6) (e) A lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

AB100-engrossed, s. 4946 Section 4946. 706.11 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,2149,2 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81:

AB100-engrossed, s. 4946d Section 4946d. 706.13 (1) of the statutes is amended to read:

AB100-engrossed,2149,12 706.13 (1) In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment , financing statement or any other instrument relating to a security interest in or the title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused by the filing, entering or recording.

AB100-engrossed, s. 4947 Section 4947. 707.37 (4) (d) of the statutes is amended to read:

AB100-engrossed,2149,14 707.37 (4) (d) A lien under s. 292.31 (8) (i), 144.77 292.41 (6) (d) or 292.81.

AB100-engrossed, s. 4948m Section 4948m. 753.06 (8) (e) of the statutes is amended to read:

AB100-engrossed,2149,17 753.06 (8) (e) Oconto county. The circuit has one branch. Commencing August 1, 1998, the circuit has 2 branches.

AB100-engrossed, s. 4950g Section 4950g. 755.09 (1) of the statutes is amended to read:

AB100-engrossed,2149,25 755.09 (1) Every judge shall keep his or her office and hold court only in the municipal hall of the town, village or city in which elected or if no room is available in the municipal hall, in any adequate facility provided by the governing body may authorize him or her to temporarily keep office and hold court elsewhere in the municipality of the city, village or town, other than at a place prohibited under sub. (2). The judge may issue process or perform ministerial functions at any place in the county.

AB100-engrossed, s. 4950m Section 4950m. 755.19 of the statutes is created to read:

AB100-engrossed,2150,13 755.19 Municipal court commissioners. (1) Appointment. First class cities may create the office of municipal court commissioner. The municipal court commissioner shall be an attorney licensed to practice in this state and shall complete annual educational credits consistent with supreme court requirements for municipal judges. The common council shall establish the number of positions and set the term, the additional qualifications and the compensation for the office. The presiding judge of the municipal court shall be the appointing authority and may terminate the employment of a municipal court commissioner at will and without cause. The municipal court commissioner shall be supervised by the judge whose cases the commissioner is hearing. Each municipal court commissioner shall take and file the official oath in the office of the clerk of the municipal court of the 1st class city for which appointed before performing any duty of the office.

AB100-engrossed,2150,15 (2) Powers and duties. Under the supervision of a municipal judge, a municipal court commissioner may do all of the following:

AB100-engrossed,2150,20 (a) Under ss. 800.04 and 800.095 (4) and (5), conduct initial appearances and receive noncontested forfeiture pleas, order the revocation or suspension of driving privileges and impose forfeitures, impose community service and restitution according to the schedule adopted by the municipal court where appointed, and issue dispositional and sanction orders pursuant to ch. 938.

AB100-engrossed,2150,21 (b) Issue warrants for those who do not appear as scheduled or as summoned.

AB100-engrossed,2150,22 (c) Conduct hearings on warrant returns.

AB100-engrossed,2150,23 (d) Schedule indigency hearings.

AB100-engrossed,2150,24 (e) Make a finding on the indigency of defendants.

AB100-engrossed,2150,25 (f) Enforce alternative judgments for failure to comply with court orders.

AB100-engrossed,2151,1 (g) Conduct court proceedings and exercise any power authorized by statute.

AB100-engrossed,2151,9 (3) New hearings and appeals of municipal court commissioner rulings. A motion for a new hearing or appeal of a contested ruling by a municipal court commissioner shall be filed with the municipal court no later than the 20th day after the commissioner makes the ruling. The motion shall be heard by the supervising municipal judge under the procedure consistent with the procedure adopted by the judicial district on motions to reopen judgments before the municipal court. Nothing in this subsection shall be construed as altering the time periods for filing a notice of appeal from a final judgment or filing a motion of relief from judgment.

AB100-engrossed, s. 4950r Section 4950r. 757.23 of the statutes is amended to read:

AB100-engrossed,2151,21 757.23 Court commissioner, when disqualified. A municipal court commissioner, a court commissioner, or any judge acting as a court commissioner, shall not act or take part in the decision of, or make any order in any matter or proceeding in which he or she is a party, or in which his or her rights would be in any manner affected by his or her decision or order thereon, or in which he or she is interested, or in which his or her law partner, or any person connected with him or her as employer, employe or clerk, or in the law business in any manner, shall be interested or appear as a party, agent, attorney or counsel. Any municipal court commissioner, court commissioner or judge, acting as a court commissioner, violating this section shall forfeit $25 for each violation, and shall also be subject to removal from office.

AB100-engrossed, s. 4951g Section 4951g. 757.48 (1) (b) of the statutes is amended to read:

AB100-engrossed,2152,16 757.48 (1) (b) The guardian ad litem shall be allowed reasonable compensation for his or her services such as is customarily charged by attorneys in this state for comparable services. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). When a court appoints a guardian ad litem for a person with a developmental disability, the court shall require the guardian ad litem, as a condition of accepting the appointment, to submit a written detailed statement of the services he or she plans to provide for the developmentally disabled person. In addition, as a condition of receipt of compensation from a county, a guardian ad litem shall provide an accounting of the services he or she did provide to the developmentally disabled person on a form that the circuit court develops and provides to the guardian ad litem. The guardian ad litem shall submit a copy of that accounting to the guardian of the person with a developmental disability, and if the guardian and the guardian ad litem have a dispute regarding that accounting, the court may consider the comments of both the guardian and the guardian ad litem before issuing an order regarding the compensation to be paid to the guardian ad litem. If the attorney of record is also the guardian ad litem, the attorney shall be entitled only to attorney fees and shall receive no compensation for services as guardian ad litem.

AB100-engrossed, s. 4952 Section 4952. 758.19 (3) of the statutes is repealed.

AB100-engrossed, s. 4957 Section 4957. 767.001 (2) (b) of the statutes is amended to read:

AB100-engrossed,2152,21 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

AB100-engrossed, s. 4958 Section 4958. 767.001 (7) of the statutes is repealed.

AB100-engrossed, s. 4959 Section 4959. 767.02 (1) (m) of the statutes is amended to read:

AB100-engrossed,2153,3 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

AB100-engrossed, s. 4960 Section 4960. 767.025 (3) of the statutes is repealed.

AB100-engrossed, s. 4961 Section 4961. 767.025 (4) of the statutes is amended to read:

AB100-engrossed,2153,14 767.025 (4) If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard, regardless of whether it is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify the clerk of circuit court or support collection designee to whom that payments of support or maintenance are payable and the clerk of circuit court or support collection designee to whom, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.

AB100-engrossed, s. 4963 Section 4963. 767.077 (intro.) of the statutes is amended to read:

AB100-engrossed,2153,21 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2. or, 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:

AB100-engrossed, s. 4966 Section 4966. 767.08 (3) of the statutes is amended to read:

AB100-engrossed,2154,7 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee agency under s. 59.53 (5) or the department is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

AB100-engrossed, s. 4968 Section 4968. 767.15 (1) of the statutes is amended to read:

AB100-engrossed,2154,16 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support program designee agency under s. 59.53 (5) of the county in which the action is begun.

AB100-engrossed, s. 4969 Section 4969. 767.25 (1g) of the statutes is amended to read:

AB100-engrossed,2154,21 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5).

AB100-engrossed, s. 4971 Section 4971. 767.25 (4m) (c) 1. of the statutes is amended to read:

AB100-engrossed,2155,13 767.25 (4m) (c) 1. In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include the notice of assignment under this subdivision with a notice of assignment under s. 767.265. The clerk of court department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the clerk department or its designee for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection department or its designee.

AB100-engrossed, s. 4972 Section 4972. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB100-engrossed,2155,17 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county designee child support agency under s. 59.53 (5).

AB100-engrossed, s. 4976 Section 4976. 767.25 (6) (intro.) of the statutes is amended to read:

AB100-engrossed,2156,2 767.25 (6) (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB100-engrossed, s. 4977 Section 4977. 767.25 (6) (a) of the statutes is amended to read:

AB100-engrossed,2156,9 767.25 (6) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB100-engrossed, s. 4980 Section 4980. 767.261 (intro.) of the statutes is amended to read:

AB100-engrossed,2156,20 767.261 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB100-engrossed, s. 4981 Section 4981. 767.261 (1) of the statutes is amended to read:

AB100-engrossed,2157,2 767.261 (1) First, to payment of family support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply family support payments received to payment of family support due within the calendar month during which the payment is received.

AB100-engrossed, s. 4982 Section 4982. 767.262 (4) (b) of the statutes is amended to read:

AB100-engrossed,2157,11 767.262 (4) (b) The court may order payment of costs under this section by a county the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.40 (2) (h) or the support collection department or its designee under s. 59.07 (97m) (b) 1. is substantially incorrect and that the clerk of court or support collection department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

AB100-engrossed, s. 4985c Section 4985c. 767.263 of the statutes is amended to read:

AB100-engrossed,2157,25 767.263 Notice of change of employer; change of address; change in ability to pay. Each order for child support, family support or maintenance payments shall include an order that the payer and payee notify the clerk of court or support collection designee, whichever is appropriate, county child support agency under s. 59.53 (5) of any change of address within 10 days of such change. Each order for child support, family support or maintenance payments shall also include an order that the payer notify the clerk of court or support collection designee, county child support agency under s. 59.53 (5) within 10 days, of any change of employer and of any substantial change in the amount of his or her income such that his or her ability to pay child support, family support or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order is sought.

AB100-engrossed, s. 4989 Section 4989 . 767.265 (1) of the statutes is amended to read:

AB100-engrossed,2158,17 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court or support collection department or its designee of the county where the action is filed. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB100-engrossed, s. 4992 Section 4992 . 767.265 (2r) of the statutes is amended to read:

AB100-engrossed,2159,6 767.265 (2r) Upon entry of each order for child support, maintenance, family support or support by a spouse and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 applies, the court, family court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail to the last-known address of the person from whom the payer receives or will receive money. If the clerk of court or support collection department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, family court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.

AB100-engrossed, s. 4994 Section 4994 . 767.265 (3h) of the statutes is amended to read:

AB100-engrossed,2159,21 767.265 (3h) A person who receives notice of assignment under this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the clerk of court or support collection department or its designee, whichever is appropriate, of the jurisdiction providing notice or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to the clerk of court or support collection department or its designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. Section 241.09 does not apply to assignments under this section.

AB100-engrossed, s. 4998 Section 4998 . 767.265 (6) (a) of the statutes is amended to read:

AB100-engrossed,2160,6 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the clerk of court or support collection department or its designee or the appropriate health care insurer, provider or plan as provided in this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB100-engrossed, s. 5000 Section 5000 . 767.265 (6) (b) of the statutes is amended to read:

AB100-engrossed,2160,13 767.265 (6) (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the clerk of court or support collection department or its designee, whichever is appropriate, within 10 days after an employe is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB100-engrossed, s. 5002 Section 5002. 767.265 (7) of the statutes is amended to read:

AB100-engrossed,2160,19 767.265 (7) A person who receives more than one notice of assignment under sub. (3h) may send all money withheld to the clerk of court or support collection department or its designee, whichever is appropriate, in a combined payment, accompanied by any information the clerk of court or support collection department or its designee requires.