SB44: Bill Text

SB44,1004,7 601.62 (4) Fees in investigations and hearings. The fees for stenographic services in investigations, examinations, and hearings may not exceed the sum provided for like services in the circuit court. The fees of officers, witnesses, interpreters, and stenographers on behalf of the commissioner or the state shall be paid by the state treasurer upon the warrant of the department secretary of administration, authorized by the certificate of the commissioner, and shall be charged to the appropriation under s. 20.145 (1) (g).

SB44, s. 2645 Section 2645. 604.04 (4) of the statutes is amended to read:

SB44,1004,12 604.04 (4) Payment procedure. Any charges against a fund under sub. (3) shall be certified by the commissioner, audited by the department of administration under s. 16.53, and paid by the treasurer secretary of administration out of the appropriate fund in accordance with procedures of the department of administration.

SB44, s. 2646 Section 2646. 604.05 of the statutes is amended to read:

SB44,1004,21 604.05 Investments. Assets of all funds under chs. 605 to 607 shall be invested by the state investment board under s. 25.17. Each January 1 the state treasurer secretary of administration shall credit each fund with earnings on the invested assets in each fund for the preceding 12 months. If any fund is indebted to the general fund of the state, the fund shall be charged, at the end of each calendar year, with interest on the indebtedness at the average rate earned by the state upon its deposits in public depositories during the period of indebtedness and that sum shall be credited to the general fund.

SB44, s. 2647 Section 2647. 604.06 (1) of the statutes is amended to read:

SB44,1004,24 604.06 (1) Custody. The state treasurer secretary of administration has sole custody of all assets of funds under chs. 605 to 607.

SB44, s. 2648 Section 2648. 604.07 of the statutes is amended to read:

SB44,1005,4 604.07 Bonds. The commissioner as manager of the funds and the treasurer secretary of administration shall file surety bonds, specifically conditioned on the performance of their duties under chs. 605 to 607, in amounts required by, and with sureties approved by, the governor.

SB44, s. 2649 Section 2649. 605.30 of the statutes is amended to read:

SB44,1005,12 605.30 Inadequacy of fund. If the property fund does not have sufficient assets to pay claims that are due, the department secretary of administration shall issue a warrant as a transfer from the general fund to the property fund an amount sufficient to pay the losses and the state treasurer shall pay the warrant losses. The property fund shall thereafter repay the general fund this amount and the department secretary of administration shall issue warrants for such transfer the amount as soon as there are assets in the property fund.

SB44, s. 2650 Section 2650. 611.76 (4) (e) of the statutes is amended to read:

SB44,1005,20 611.76 (4) (e) That no policyholder, other than a policyholder of a mutual life insurance company, may receive a distribution of shares valued in excess of the amount to which he or she is entitled under s. 645.72 (4). Any excess over that amount shall be distributed in shares to the state treasury for the benefit of the common school fund. After 5 years the shares may be sold by the treasurer secretary of administration at his or her discretion and the proceeds credited to the common school fund; and

SB44, s. 2651 Section 2651. 632.746 (7m) of the statutes is created to read:

SB44,1005,24 632.746 (7m) (a) In this subsection, "terms of the group health benefit plan" does not include any requirements under the group health benefit plan related to enrollment periods or waiting periods.

SB44,1006,6 (b) An insurer offering a group health benefit plan shall permit, as provided in par. (c), an employee who is not enrolled but who is eligible for coverage under the terms of the group health benefit plan, or a participant's or employee's dependent who is not enrolled but who is eligible for coverage under the terms of the group health benefit plan, to enroll for coverage under the terms of the plan if all of the following apply:

SB44,1006,9 1. The employee or dependent is eligible for benefits under the Medical Assistance program under s. 49.472 or for coverage under the Badger Care health care program under s. 49.665.

SB44,1006,15 2. The department of health and family services will purchase coverage under the group health benefit plan on behalf of the employee or dependent because the department of health and family services has determined that paying the portion of the premium for which the employee is responsible will not be more costly than providing the medical assistance or the coverage under the Badger Care health care program, whichever is applicable.

SB44,1006,19 (c) An insurer permitting an employee or dependent to enroll under this subsection shall provide for an enrollment period of not less than 30 days, beginning on the date on which the department of health and family services makes the determination under par. (b) 2.

SB44, s. 2652 Section 2652. 655.26 (2) of the statutes is amended to read:

SB44,1006,25 655.26 (2) By the 15th day of each month, the board of governors shall report the information specified in sub. (1) to the medical examining board for each claim paid by the fund or from the appropriation under s. 20.145 (2) (a) during the previous month for damages arising out of the rendering of health care services by a health care provider or an employee of a health care provider.

SB44, s. 2653 Section 2653. 655.27 (3) (am) of the statutes is amended to read:

SB44,1007,11 655.27 (3) (am) Assessments for peer review council. The fund, a mandatory health care liability risk-sharing plan established under s. 619.04 , and a private health care liability insurer shall be assessed, as appropriate, fees sufficient to cover the costs of the patients compensation fund peer review council, including costs of administration, for reviewing claims paid by the fund, or from the appropriation under s. 20.145 (2) (a), by the plan, and by the insurer, respectively, under s. 655.275 (5). The fees shall be set by the commissioner by rule, after approval by the board of governors, and shall be collected by the commissioner for deposit in the fund. The costs of the patients compensation fund peer review council shall be funded from the appropriation under s. 20.145 (2) (um).

SB44, s. 2654 Section 2654. 655.27 (4) (a) of the statutes is amended to read:

SB44,1007,15 655.27 (4) (a) Moneys shall be withdrawn from the fund, or paid from the appropriation under s. 20.145 (2) (a), by the commissioner only upon vouchers approved and authorized by the board of governors.

SB44, s. 2655 Section 2655. 655.27 (5) (e) of the statutes is amended to read:

SB44,1007,21 655.27 (5) (e) Claims filed against the fund shall be paid in the order received within 90 days after filing unless appealed by the fund. If the amounts in the fund are not sufficient to pay all of the claims, claims received after the funds are exhausted shall be immediately payable the following year in the order in which they were received paid from the appropriation under s. 20.145 (2) (a).

SB44, s. 2656 Section 2656. 655.275 (5) (a) (intro.) of the statutes is amended to read:

SB44,1008,4 655.275 (5) (a) (intro.) The council shall review, within one year of the date of first payment on the claim, each claim that is paid by the fund, or from the appropriation under s. 20.145 (2) (a), by a mandatory health care liability risk-sharing plan established under s. 619.04, by a private health care liability insurer, or by a self-insurer for damages arising out of the rendering of medical care by a health care provider or an employee of the health care provider and shall make recommendations to all of the following:

SB44, s. 2657 Section 2657. Subchapter VIII of chapter 655 [precedes 655.75] of the statutes is created to read:

SB44,1008,7 chapter 655

SB44,1008,10 subchapter VIII health care provider availability and cost control fund

SB44,1008,15 655.75 Health care provider availability and cost control fund. (1) There is created a health care provider availability and cost control fund for the purposes of ensuring the availability of health care providers in the state and controlling the cost of health care services to state taxpayers, workers, and employers. The fund may be used for all of the following purposes:

SB44,1008,16 (a) To assist in the education and training of health care providers.

SB44,1008,20 (b) To ensure that health care providers who serve recipients under the Medical Assistance program or other health care programs established by the state receive levels of payment sufficient to retain their participation in the programs and to reduce the risk of shifting costs to private sector employers.

SB44,1008,24 (c) To defray the cost of other health-related programs that the secretary of health and family services determines are effective in ensuring the availability of health care providers in the state and controlling the cost of health care services to state taxpayers, workers, and employers.

SB44,1009,2 (2) The health care provider availability and cost control fund shall be administered by the commissioner.

SB44,1009,5 (3) The health care provider availability and cost control fund shall be funded with the transfer of moneys from the patients compensation fund under 2003 Wisconsin Act .... (this act), section 9228 (1 ).

SB44, s. 2658 Section 2658. 704.05 (5) (a) 2. of the statutes is amended to read:

SB44,1009,20 704.05 (5) (a) 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personal property by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration for deposit in the appropriation under s. 20.505 (7) 20.143 (2) (h).

SB44, s. 2659 Section 2659. 704.90 (9) of the statutes is amended to read:

SB44,1009,24 704.90 (9) Rules. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.

SB44, s. 2660 Section 2660. 704.90 (11) (title) of the statutes is amended to read:

SB44,1010,2 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

SB44, s. 2661 Section 2661. 704.90 (11) (a) of the statutes is amended to read:

SB44,1010,8 704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

SB44, s. 2662 Section 2662. 707.49 (4) of the statutes is amended to read:

SB44,1010,18 707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.

SB44, s. 2663 Section 2663. 707.57 (2) of the statutes is amended to read:

SB44,1011,3 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

SB44,1011,6 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

SB44, s. 2664 Section 2664. 707.57 (3) of the statutes is amended to read:

SB44,1011,12 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.

SB44, s. 2665 Section 2665. 753.061 (5) of the statutes is amended to read:

SB44,1011,22 753.061 (5) The state shall reimburse the county for the costs of operating one of the 2 circuit court branches designated under sub. (2m) that begin to primarily handle violent crime cases on September 1, 1991, including the one-time cost of courtroom construction. The costs reimbursable under this subsection shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts and shall be paid from the appropriation under s. 20.625 (1) (as). The amount reimbursable under this subsection may not exceed $383,100 in the 1991-92 fiscal year and $0 in the 1992-93 fiscal year.

SB44, s. 2666 Section 2666. 753.07 (2) (a) of the statutes is amended to read:

SB44,1012,6 753.07 (2) (a) The persons shall continue to receive salaries directly payable from the state in the same amount as they were receiving on July 31, 1978, and such salaries are subject to s. 40.05. The balance of the salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid are subject to the retirement system established under chapter 201, laws of 1937.

SB44, s. 2667 Section 2667. 753.07 (3) (a) of the statutes is amended to read:

SB44,1012,13 753.07 (3) (a) The salaries authorized under ss. 230.12 and 751.02 for the judges and reporters shall be paid by the state treasurer secretary of administration to the county treasurer pursuant to a voucher submitted by the clerk of circuit court to the director of state courts. The county treasurer shall pay the amounts directly to the judges and reporters and the amounts paid shall be subject to the retirement system established under chapter 201, laws of 1937.

SB44, s. 2668 Section 2668. 753.07 (4) of the statutes is amended to read:

SB44,1013,2 753.07 (4) Court personnel; options. As state employees, county court judges, county court reporters, and assistant county court reporters, as specified in sub. (1), who are denominated or become circuit court judges and reporters on August 1, 1978, and persons serving as circuit court judges and circuit court reporters for Milwaukee County on July 31, 1978, shall have the option of remaining as participants under county life and health insurance programs to the extent of their participation in such programs on February 1, 1978. The state treasurer secretary of administration shall semiannually pay to the county treasurer, pursuant to a voucher submitted by the clerk of circuit court to the director of state courts, an amount equal to the state contribution for life and health insurance for other comparable state employees. The county shall pay the cost of any premiums for life and health insurance exceeding the sum of the state contribution and the employee contribution as required under the county programs.

SB44, s. 2669 Section 2669. 757.05 (1) (b) of the statutes is amended to read:

SB44,1013,8 757.05 (1) (b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2.

SB44, s. 2670 Section 2670. 757.05 (1) (c) of the statutes is amended to read:

SB44,1013,14 757.05 (1) (c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44, s. 2671 Section 2671. 757.05 (1) (d) of the statutes is amended to read:

SB44,1013,21 757.05 (1) (d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in this subsection for forfeited bail. If bail is forfeited, the amount of the assessment shall be transmitted monthly to the state treasurer secretary of administration under this subsection. If bail is returned, the assessment shall also be returned.

SB44, s. 2672 Section 2672. 758.19 (7) of the statutes is amended to read:

SB44,1014,9 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the department of electronic government secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.

SB44, s. 2673 Section 2673. 767.027 (1) (intro.) of the statutes is amended to read:

SB44,1014,14 767.027 (1) (intro.) In any action under s. 767.02 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied to the extent that the court finds all of the following:

SB44, s. 2674 Section 2674. 767.045 (1) (c) 1. of the statutes is amended to read:

SB44,1014,20 767.045 (1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 on behalf of the child, or wages or a stipend are paid to or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7) are barred by a statute of limitations from commencing an action under s. 767.45 on behalf of the child.

SB44, s. 2675 Section 2675 . 767.075 (1) (c) of the statutes is amended to read:

SB44,1014,24 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under s. 49.79 or under ss. 49.141 to 49.161.

SB44, s. 2676 Section 2676 . 767.075 (1) (c) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,1015,6 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 is provided on behalf of a dependent child or wages or a stipend are paid to or benefits are provided to the child's custodial parent under s. 49.79 or under ss. 49.141 to 49.161.

SB44, s. 2677 Section 2677. 767.075 (1) (cm) of the statutes is amended to read:

SB44,1015,12 767.075 (1) (cm) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, or wages or a stipend have, in the past, been paid to or benefits have, in the past, been provided to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is eligible for continuing child support services under 45 CFR 302.33.

SB44, s. 2678 Section 2678. 767.15 (1) of the statutes is amended to read:

SB44,1015,21 767.15 (1) In any action affecting the family in which either party is a recipient of wages, a stipend, or 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 circuit 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 agency under s. 59.53 (5) of the county in which the action is begun.

SB44, s. 2679 Section 2679. 767.24 (6) (c) of the statutes is amended to read:

SB44,1016,2 767.24 (6) (c) In making an order of joint legal custody and periods of physical placement, the court may specify one parent as the primary caretaker of the child and one home as the primary home of the child, for the purpose of determining eligibility for aid under s. 49.19 or wages, a stipend, or benefits under ss. 49.141 to 49.161 or for any other purpose the court considers appropriate.

SB44, s. 2680 Section 2680. 767.29 (1) (dm) 1m. of the statutes is amended to read:

SB44,1016,18 767.29 (1) (dm) 1m. The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this subdivision in the appropriation account under s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this subdivision through income withholding under s. 767.265 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective, or insufficient for the collection of any unpaid fees under this subdivision, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this subdivision and, notwithstanding s. 20.930, may contract with or employ retain an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance, child or family support, or arrearage payment.

SB44, s. 2681 Section 2681. 767.47 (6) (a) of the statutes is amended to read:

SB44,1017,4 767.47 (6) (a) Whenever the state brings the action to determine paternity pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19), or receipt of a stipend under s. 49.147 (3m) (g) or benefits or wages under s. 49.148, 49.155, or 49.157 or 49.159, the natural mother of the child may not be compelled to testify about the paternity of the child if it has been determined that the mother has good cause for refusing to cooperate in establishing paternity as provided in 42 USC 602 (a) (26) (B) and the federal regulations promulgated pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated by the department which define good cause in accordance with the federal regulations, as authorized by 42 USC 602 (a) (26) (B) in effect on July 1, 1981.

SB44, s. 2682 Section 2682. 767.47 (6) (b) of the statutes is amended to read: