SB44,1006,1916
(c) An insurer permitting an employee or dependent to enroll under this
17subsection shall provide for an enrollment period of not less than 30 days, beginning
18on the date on which the department of health and family services makes the
19determination under par. (b) 2.
SB44, s. 2652
20Section
2652. 655.26 (2) of the statutes is amended to read:
SB44,1006,2521
655.26
(2) By the 15th day of each month, the board of governors shall report
22the information specified in sub. (1) to the medical examining board for each claim
23paid by the fund
or from the appropriation under s. 20.145 (2) (a) during the previous
24month for damages arising out of the rendering of health care services by a health
25care provider or an employee of a health care provider.
SB44, s. 2653
1Section
2653. 655.27 (3) (am) of the statutes is amended to read:
SB44,1007,112
655.27
(3) (am)
Assessments for peer review council. The fund, a mandatory
3health care liability risk-sharing plan established under s. 619.04
, and a private
4health care liability insurer shall be assessed, as appropriate, fees sufficient to cover
5the costs of the patients compensation fund peer review council, including costs of
6administration, for reviewing claims paid by the fund
,
or from the appropriation
7under s. 20.145 (2) (a), by the plan
, and
by the insurer, respectively, under s. 655.275
8(5). The fees shall be set by the commissioner by rule, after approval by the board
9of governors, and shall be collected by the commissioner for deposit in the fund. The
10costs of the patients compensation fund peer review council shall be funded from the
11appropriation under s. 20.145 (2) (um).
SB44, s. 2654
12Section
2654. 655.27 (4) (a) of the statutes is amended to read:
SB44,1007,1513
655.27
(4) (a) Moneys shall be withdrawn from the fund
, or paid from the
14appropriation under s. 20.145 (2) (a), by the commissioner only upon vouchers
15approved and authorized by the board of governors.
SB44, s. 2655
16Section
2655. 655.27 (5) (e) of the statutes is amended to read:
SB44,1007,2117
655.27
(5) (e) Claims filed against the fund shall be paid in the order received
18within 90 days after filing unless appealed by the fund. If the amounts in the fund
19are not sufficient to pay all of the claims, claims received after the funds are
20exhausted shall be
immediately payable the following year in the order in which they
21were received paid from the appropriation under s. 20.145 (2) (a).
SB44, s. 2656
22Section
2656. 655.275 (5) (a) (intro.) of the statutes is amended to read:
SB44,1008,423
655.275
(5) (a) (intro.) The council shall review, within one year of the date of
24first payment on the claim, each claim that is paid by the fund
, or from the
25appropriation under s. 20.145 (2) (a), by a mandatory health care liability
1risk-sharing plan established under s. 619.04,
by a private health care liability
2insurer
, or
by a self-insurer for damages arising out of the rendering of medical care
3by a health care provider or an employee of the health care provider and shall make
4recommendations to all of the following:
SB44, s. 2657
5Section
2657. Subchapter VIII of chapter 655 [precedes 655.75] of the statutes
6is created to read:
SB44,1008,108
subchapter VIII
9
health care provider availability
10
and cost control fund
SB44,1008,15
11655.75 Health care provider availability and cost control fund. (1) 12There is created a health care provider availability and cost control fund for the
13purposes of ensuring the availability of health care providers in the state and
14controlling the cost of health care services to state taxpayers, workers, and
15employers. The fund may be used for all of the following purposes:
SB44,1008,1616
(a) To assist in the education and training of health care providers.
SB44,1008,2017
(b) To ensure that health care providers who serve recipients under the Medical
18Assistance program or other health care programs established by the state receive
19levels of payment sufficient to retain their participation in the programs and to
20reduce the risk of shifting costs to private sector employers.
SB44,1008,2421
(c) To defray the cost of other health-related programs that the secretary of
22health and family services determines are effective in ensuring the availability of
23health care providers in the state and controlling the cost of health care services to
24state taxpayers, workers, and employers.
SB44,1009,2
1(2) The
health care provider availability and cost control fund shall be
2administered by the commissioner.
SB44,1009,5
3(3) The health care provider availability and cost control fund shall be funded
4with the transfer of moneys from the patients compensation fund under 2003
5Wisconsin Act .... (this act), section 9228 (1
).
SB44, s. 2658
6Section
2658. 704.05 (5) (a) 2. of the statutes is amended to read:
SB44,1009,207
704.05
(5) (a) 2. Give the tenant notice, personally or by ordinary mail
8addressed to the tenant's last-known address, of the landlord's intent to dispose of
9the personal property by sale or other appropriate means if the property is not
10repossessed by the tenant. If the tenant fails to repossess the property within 30 days
11after the date of personal service or the date of the mailing of the notice, the landlord
12may dispose of the property by private or public sale or any other appropriate means.
13The landlord may deduct from the proceeds of sale any costs of sale and any storage
14charges if the landlord has first stored the personalty under subd. 1. If the proceeds
15minus the costs of sale and minus any storage charges are not claimed within 60 days
16after the date of the sale of the personalty, the landlord is not accountable to the
17tenant for any of the proceeds of the sale or the value of the property. The landlord
18shall send the proceeds of the sale minus the costs of the sale and minus any storage
19charges to the department of administration for deposit in the appropriation under
20s.
20.505 (7) 20.143 (2) (h).
SB44, s. 2659
21Section
2659. 704.90 (9) of the statutes is amended to read:
SB44,1009,2422
704.90
(9) Rules. The department of
agriculture, trade and consumer
23protection justice may promulgate rules necessary to carry out the purposes of this
24section.
SB44, s. 2660
25Section
2660. 704.90 (11) (title) of the statutes is amended to read:
SB44,1010,2
1704.90
(11) (title)
Duties of the department of agriculture, trade and
2consumer protection justice.
SB44, s. 2661
3Section
2661. 704.90 (11) (a) of the statutes is amended to read:
SB44,1010,84
704.90
(11) (a) Except as provided in par. (c), the department of
agriculture,
5trade and consumer protection justice shall investigate alleged violations of this
6section and rules promulgated under sub. (9). To facilitate its investigations, the
7department may subpoena persons and records and may enforce compliance with the
8subpoenas as provided in s. 885.12.
SB44, s. 2662
9Section
2662. 707.49 (4) of the statutes is amended to read:
SB44,1010,1810
707.49
(4) Surety bond and other options. Instead of placing deposits in an
11escrow account, a developer may obtain a surety bond issued by a company
12authorized to do business in this state, an irrevocable letter of credit or a similar
13arrangement, in an amount which at all times is not less than the amount of the
14deposits otherwise subject to the escrow requirements of this section. The bond,
15letter of credit or similar arrangement shall be filed with the department of
16agriculture, trade and consumer protection justice and made payable to the
17department of
agriculture, trade and consumer protection justice for the benefit of
18aggrieved parties.
SB44, s. 2663
19Section
2663. 707.57 (2) of the statutes is amended to read:
SB44,1011,320
707.57
(2) Department of agriculture, trade and consumer protection
21justice authority. (a) The department of
agriculture, trade and consumer
22protection justice, or any district attorney upon informing the department of
23agriculture, trade and consumer protection justice, may commence an action in
24circuit court in the name of the state to restrain by temporary or permanent
25injunction any violation of this chapter. Before entry of final judgment, the court may
1make such orders or judgments as may be necessary to restore to any person any
2pecuniary loss suffered because of the acts or practices involved in the action if proof
3of these acts or practices is submitted to the satisfaction of the court.
SB44,1011,64
(b) The department of
agriculture, trade and consumer protection justice may
5conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its
6investigation of violations of this chapter.
SB44, s. 2664
7Section
2664. 707.57 (3) of the statutes is amended to read:
SB44,1011,128
707.57
(3) Penalty. Any person who violates this chapter shall be required to
9forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall
10be enforced by action on behalf of the state by the department of
agriculture, trade
11and consumer protection justice or by the district attorney of the county where the
12violation occurs.
SB44, s. 2665
13Section
2665. 753.061 (5) of the statutes is amended to read:
SB44,1011,2214
753.061
(5) The state shall reimburse the county for the costs of operating one
15of the 2 circuit court branches designated under sub. (2m) that begin to primarily
16handle violent crime cases on September 1, 1991, including the one-time cost of
17courtroom construction. The costs reimbursable under this subsection shall be paid
18by the
state treasurer secretary of administration to the county treasurer pursuant
19to a voucher submitted by the clerk of circuit court to the director of state courts and
20shall be paid from the appropriation under s. 20.625 (1) (as). The amount
21reimbursable under this subsection may not exceed $383,100 in the 1991-92 fiscal
22year and $0 in the 1992-93 fiscal year.
SB44, s. 2666
23Section
2666. 753.07 (2) (a) of the statutes is amended to read:
SB44,1012,624
753.07
(2) (a) The persons shall continue to receive salaries directly payable
25from the state in the same amount as they were receiving on July 31, 1978, and such
1salaries are subject to s. 40.05. The balance of the salaries authorized under ss.
2230.12 and 751.02 for the judges and reporters shall be paid by the
state treasurer 3secretary of administration to the county treasurer pursuant to a voucher submitted
4by the clerk of circuit court to the director of state courts. The county treasurer shall
5pay the amounts directly to the judges and reporters and the amounts paid are
6subject to the retirement system established under
chapter 201, laws of 1937.
SB44, s. 2667
7Section
2667. 753.07 (3) (a) of the statutes is amended to read:
SB44,1012,138
753.07
(3) (a) The salaries authorized under ss. 230.12 and 751.02 for the
9judges and reporters shall be paid by the
state treasurer secretary of administration 10to the county treasurer pursuant to a voucher submitted by the clerk of circuit court
11to the director of state courts. The county treasurer shall pay the amounts directly
12to the judges and reporters and the amounts paid shall be subject to the retirement
13system established under
chapter 201, laws of 1937.
SB44, s. 2668
14Section
2668. 753.07 (4) of the statutes is amended to read:
SB44,1013,215
753.07
(4) Court personnel; options. As state employees, county court judges,
16county court reporters
, and assistant county court reporters, as specified in sub. (1),
17who are denominated or become circuit court judges and reporters on August 1, 1978,
18and persons serving as circuit court judges and circuit court reporters for Milwaukee
19County on July 31, 1978, shall have the option of remaining as participants under
20county life and health insurance programs to the extent of their participation in such
21programs on February 1, 1978. The
state treasurer
secretary of administration shall
22semiannually pay to the county treasurer, pursuant to a voucher submitted by the
23clerk of circuit court to the director of state courts, an amount equal to the state
24contribution for life and health insurance for other comparable state employees. The
25county shall pay the cost of any premiums for life and health insurance exceeding the
1sum of the state contribution and the employee contribution as required under the
2county programs.
SB44, s. 2669
3Section
2669. 757.05 (1) (b) of the statutes is amended to read:
SB44,1013,84
757.05
(1) (b) If a fine or forfeiture is imposed by a court of record, after a
5determination by the court of the amount due, the clerk of the court shall collect and
6transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The
7county treasurer shall then make payment to the
state treasurer secretary of
8administration as provided in s. 59.25 (3) (f) 2.
SB44, s. 2670
9Section
2670. 757.05 (1) (c) of the statutes is amended to read:
SB44,1013,1410
757.05
(1) (c) If a fine or forfeiture is imposed by a municipal court, after a
11determination by the court of the amount due, the court shall collect and transmit
12the amount to the treasurer of the county, city, town, or village, and that treasurer
13shall make payment to the
state treasurer secretary of administration as provided
14in s. 66.0114 (1) (bm).
SB44, s. 2671
15Section
2671. 757.05 (1) (d) of the statutes is amended to read:
SB44,1013,2116
757.05
(1) (d) If any deposit of bail is made for a noncriminal offense to which
17this subsection applies, the person making the deposit shall also deposit a sufficient
18amount to include the assessment prescribed in this subsection for forfeited bail. If
19bail is forfeited, the amount of the assessment shall be transmitted monthly to the
20state treasurer secretary of administration under this subsection. If bail is returned,
21the assessment shall also be returned.
SB44, s. 2672
22Section
2672. 758.19 (7) of the statutes is amended to read:
SB44,1014,923
758.19
(7) The director of state courts shall adopt, revise biennially and submit
24to the cochairpersons of the joint committee on information policy and technology, the
25governor and the
department of electronic government
secretary of administration,
1no later than September 15 of each even-numbered year, a strategic plan for the
2utilization of information technology to carry out the functions of the courts and
3judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the
4business needs of the courts and judicial branch agencies and shall identify all
5resources relating to information technology which the courts and judicial branch
6agencies desire to acquire, contingent upon funding availability, the priority for such
7acquisitions and the justification for such acquisitions. The plan shall also identify
8any changes in the functioning of the courts and judicial branch agencies under the
9plan.
SB44, s. 2673
10Section
2673. 767.027 (1) (intro.) of the statutes is amended to read:
SB44,1014,1411
767.027
(1) (intro.) In any action under s. 767.02 (1) (i) to enforce
or modify a
12judgment or order with respect to child support, due process requirements related
13to notice and service of process are satisfied to the extent that the court finds all of
14the following:
SB44, s. 2674
15Section
2674. 767.045 (1) (c) 1. of the statutes is amended to read:
SB44,1014,2016
767.045
(1) (c) 1. Aid is provided under s. 46.261, 48.57 (3m) or (3n), 49.19
, or
1749.45 on behalf of the child, or
wages or a stipend are paid to or benefits are provided
18to the child's custodial parent under ss. 49.141 to 49.161, but the state and its
19delegate under s. 49.22 (7) are barred by a statute of limitations from commencing
20an action under s. 767.45 on behalf of the child.
SB44, s. 2675
21Section
2675
. 767.075 (1) (c) of the statutes is amended to read:
SB44,1014,2422
767.075
(1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19
, or 49.45
23is provided on behalf of a dependent child or benefits are provided to the child's
24custodial parent under
s. 49.79 or under ss. 49.141 to 49.161.
SB44, s. 2676
1Section
2676
. 767.075 (1) (c) of the statutes, as affected by 2003 Wisconsin Act
2.... (this act), is amended to read:
SB44,1015,63
767.075
(1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45
4is provided on behalf of a dependent child or
wages or a stipend are paid to or benefits
5are provided to the child's custodial parent under s. 49.79 or under ss. 49.141 to
649.161.
SB44, s. 2677
7Section
2677. 767.075 (1) (cm) of the statutes is amended to read:
SB44,1015,128
767.075
(1) (cm) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19
, or
949.45 has, in the past, been provided on behalf of a dependent child, or
wages or a
10stipend have, in the past, been paid to or benefits have, in the past, been provided
11to the child's custodial parent under ss. 49.141 to 49.161, and the child's family is
12eligible for continuing child support services under
45 CFR 302.33.
SB44, s. 2678
13Section
2678. 767.15 (1) of the statutes is amended to read:
SB44,1015,2114
767.15
(1) In any action affecting the family in which either party is a recipient
15of
wages, a stipend, or benefits under ss. 49.141 to 49.161 or aid under s. 46.261,
1649.19
, or 49.45, each party shall, either within 20 days after making service on the
17opposite party of any motion or pleading requesting the court or circuit court
18commissioner to order, or to modify a previous order, relating to child support,
19maintenance
, or family support, or before filing the motion or pleading in court, serve
20a copy of the motion or pleading upon the county child support agency under s. 59.53
21(5) of the county in which the action is begun.
SB44, s. 2679
22Section
2679. 767.24 (6) (c) of the statutes is amended to read:
SB44,1016,223
767.24
(6) (c) In making an order of joint legal custody and periods of physical
24placement, the court may specify one parent as the primary caretaker of the child and
25one home as the primary home of the child, for the purpose of determining eligibility
1for aid under s. 49.19 or
wages, a stipend, or benefits under ss. 49.141 to 49.161 or
2for any other purpose the court considers appropriate.
SB44, s. 2680
3Section
2680. 767.29 (1) (dm) 1m. of the statutes is amended to read:
SB44,1016,184
767.29
(1) (dm) 1m. The department or its designee may collect any unpaid fees
5under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated
6payment and collection system on December 31, 1998, and shall deposit all fees
7collected under this subdivision in the appropriation account under s. 20.445 (3) (ja).
8The department or its designee may collect unpaid fees under this subdivision
9through income withholding under s. 767.265 (2m). If the department or its designee
10determines that income withholding is inapplicable, ineffective, or insufficient for
11the collection of any unpaid fees under this subdivision, the department or its
12designee may move the court for a remedial sanction under ch. 785. The department
13or its designee may contract with or employ a collection agency or other person for
14the collection of any unpaid fees under this subdivision and, notwithstanding s.
1520.930, may
contract with or employ retain an attorney to appear in any action in
16state or federal court to enforce the payment obligation. The department or its
17designee may not deduct the amount of unpaid fees from any maintenance, child or
18family support, or arrearage payment.
SB44, s. 2681
19Section
2681. 767.47 (6) (a) of the statutes is amended to read:
SB44,1017,420
767.47
(6) (a) Whenever the state brings the action to determine paternity
21pursuant to an assignment under s. 46.261, 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4)
22(h) 1.
, or 49.45 (19), or receipt of
a stipend under s. 49.147 (3m) (g) or benefits
or wages 23under s. 49.148, 49.155,
or 49.157
or 49.159, the natural mother of the child may not
24be compelled to testify about the paternity of the child if it has been determined that
25the mother has good cause for refusing to cooperate in establishing paternity as
1provided in
42 USC 602 (a) (26) (B) and the federal regulations promulgated
2pursuant to this statute, as of July 1, 1981, and pursuant to any rules promulgated
3by the department which define good cause in accordance with the federal
4regulations, as authorized by
42 USC 602 (a) (26) (B) in effect on July 1, 1981.
SB44, s. 2682
5Section
2682. 767.47 (6) (b) of the statutes is amended to read:
SB44,1017,106
767.47
(6) (b) Nothing in par. (a) prevents the state from bringing an action to
7determine paternity pursuant to an assignment under s. 48.57 (3m) (b) 2. or (3n) (b)
82., 49.19 (4) (h) 1.
, or 49.45 (19), or receipt of
a stipend under s. 49.147 (3m) (g) or 9benefits
or wages under s. 49.148, 49.155,
or 49.157
or 49.159, where evidence other
10than the testimony of the mother may establish the paternity of the child.
SB44, s. 2683
11Section
2683. 778.135 of the statutes is amended to read:
SB44,1017,21
12778.135 Campaign finance forfeitures; how recovered. Notwithstanding
13s. 778.13, whenever any action or proposed action by the elections board under s. 5.05
14(1) (c) is settled as a result of agreement between the parties without approval of the
15court, the moneys accruing to the state on account of such settlement shall be paid
16to the board and deposited with the
state treasurer
secretary of administration.
17Whenever any proposed action by a county board of election commissioners under s.
187.21 (2m) (a) is settled as a result of agreement between the parties, the moneys
19accruing to the county on account of such settlement shall be paid to the board of
20election commissioners and deposited with the county treasurer in the same manner
21as provided for forfeitures under s. 778.13.
SB44, s. 2684
22Section
2684. 778.136 of the statutes is amended to read:
SB44,1018,3
23778.136 Ethics and lobbying forfeitures; how recovered. 24Notwithstanding s. 778.13, whenever any moneys are received by the ethics board
25or attorney general in settlement of a civil action or other civil matter for violation
1of the lobbying law or code of ethics for state public officials and employees under s.
219.545, the moneys shall accrue to the state and be deposited with the
state treasurer 3secretary of administration.
SB44, s. 2685
4Section
2685. 778.17 of the statutes is amended to read:
SB44,1018,14
5778.17 Statement to county board; payment to state. Every county
6treasurer shall, on the first day of the annual meeting of the county board, submit
7to it a verified statement of all moneys received by the county treasurer during the
8year next preceding from town, village
, and city treasurers under this chapter,
9containing the names of such treasurers, the amount received from each
, and
the 10date of receipt. The county clerk shall deduct all expenses incurred by the county in
11recovering such forfeitures from the aggregate amount so received, and shall
12immediately certify to the county treasurer the amount of clear proceeds of such
13forfeitures, so ascertained, who shall pay the same to the
state treasurer secretary
14of administration.
SB44, s. 2686
15Section
2686. 779.41 (1m) of the statutes is amended to read:
SB44,1018,1916
779.41
(1m) Annually, on January 1, the department of
agriculture, trade and
17consumer protection justice shall adjust the dollar amounts identified under sub. (1)
18(intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as
19determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.
SB44, s. 2687
20Section
2687. 779.93 (title) of the statutes is amended to read:
SB44,1018,22
21779.93 (title)
Duties of the department of agriculture, trade and
22consumer protection justice.
SB44, s. 2688
23Section
2688. 779.93 (1) of the statutes is amended to read:
SB44,1019,324
779.93
(1) The department of
agriculture, trade and consumer protection 25justice shall investigate violations of this subchapter and attempts to circumvent
1this subchapter. The department of
agriculture, trade and consumer protection 2justice may subpoena persons and records to facilitate its investigations, and may
3enforce compliance with such subpoenas as provided in s. 885.12.
SB44, s. 2689
4Section
2689. 779.93 (2) (intro.) of the statutes is amended to read:
SB44,1019,75
779.93
(2) (intro.) The department of
agriculture, trade and consumer
6protection justice may
in on behalf of the state or
in on behalf of any person who holds
7a prepaid maintenance lien:
SB44, s. 2690
8Section
2690. 809.25 (2) (a) 1. of the statutes is amended to read:
SB44,1019,109
809.25
(2) (a) 1. For filing an appeal, cross-appeal, petition for review, petition
10to bypass, or other proceeding,
$150 $195.
SB44, s. 2691
11Section
2691. 812.42 (2) (c) of the statutes is amended to read: