Amendment ASA1-SB40

SB40-ASA1,1505,22 633.15 (1m) Social security number, federal employer identification number or statement. At an annual renewal, an administrator shall provide his or her social security number, if the administrator is an individual unless he or she does not have a social security number, or its federal employer identification number, if the administrator is a corporation, limited liability company or partnership, if the social security number or federal employer identification number was not previously provided on the application for the license or at a previous renewal of the license. If an administrator who is an individual does not have a social security number, the individual shall provide to the commissioner, at each annual renewal and on a form prescribed by the department of workforce development children and families, a statement made or subscribed under oath or affirmation that the administrator does not have a social security number.

SB40-ASA1, s. 2819 Section 2819. 633.15 (2) (c) of the statutes is amended to read:

SB40-ASA1,1506,8 633.15 (2) (c) Failure to pay support or to comply with subpoena or warrant. The commissioner shall suspend, limit or refuse to renew a license issued under this section to an individual if the individual is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857.

SB40-ASA1, s. 2820 Section 2820. 645.09 (2) (a) of the statutes is amended to read:

SB40-ASA1,1506,18 645.09 (2) (a) Causes of delinquency. The commissioner may include in his or her annual report, not later than the 2nd annual report following the initiation of any formal proceedings under this chapter, a detailed analysis of the basic causes and the contributing factors making the initiation of formal proceedings necessary, and may make recommendations for remedial legislation. For this purpose the commissioner may appoint a special assistant qualified in insurance, finance, and accounting to conduct the study and prepare the analysis, and may determine the special assistant's compensation, which shall be paid from the appropriation under s. 20.145 (1) (g) 1.

SB40-ASA1, s. 2821 Section 2821. 645.09 (2) (b) of the statutes is amended to read:

SB40-ASA1,1507,3 645.09 (2) (b) Final study. The commissioner may include in his or her annual report, not later than the 2nd annual report following discharge of the receiver, a detailed study of the delinquency proceeding for each insurer subjected to a formal proceeding, with an analysis of the problems faced and their solutions. The commissioner may also suggest alternative solutions, as well as other material of interest, for the purpose of assisting and guiding liquidators or rehabilitators in the future. For this purpose the commissioner may appoint a special assistant qualified to conduct the study and prepare the analysis, and may determine his or her compensation, which shall be paid from the appropriation under s. 20.145 (1) (g) 1.

SB40-ASA1, s. 2822 Section 2822. 645.46 (4) of the statutes is amended to read:

SB40-ASA1,1507,11 645.46 (4) Defray all expenses of taking possession of, conserving, conducting, liquidating, disposing of, or otherwise dealing with the business and property of the insurer. If the property of the insurer does not contain sufficient cash or liquid assets to defray the costs incurred, the liquidator may advance the costs so incurred out of the appropriation under s. 20.145 (1) (g) 1. Any amounts so paid shall be deemed expense of administration and shall be repaid for the credit of the office of the commissioner of insurance out of the first available moneys of the insurer.

SB40-ASA1, s. 2823 Section 2823. 647.02 (2) (g) of the statutes is amended to read:

SB40-ASA1,1507,16 647.02 (2) (g) The figure to be used by the provider as the actual or projected length of a resident's stay in the facility in the formula in the contract provision required under s. 647.05 (9) (1m) (i) and supporting information showing how the figure was determined.

SB40-ASA1, s. 2824 Section 2824. 647.04 (5) of the statutes is amended to read:

SB40-ASA1,1507,22 647.04 (5) Inform the commissioner of any change in the figure used by the provider as the actual or projected length of a resident's stay in the facility in the formula in the contract provision required under s. 647.05 (9) (1m) (i) within 30 days after the change is made and submit supporting information showing how the change was determined.

SB40-ASA1, s. 2825 Section 2825. 647.05 of the statutes is renumbered 647.05 (1m), and 647.05 (1m) (g), as renumbered, is amended to read:

SB40-ASA1,1508,4 647.05 (1m) (g) Provides that if a resident dies or the continuing care contract is terminated after the first 30 days of occupancy, but within the first 90 days of occupancy, the provider will refund at least 90% of the amount computed under sub. (6) par. (f).

SB40-ASA1, s. 2826 Section 2826. 647.05 (2m) of the statutes is created to read:

SB40-ASA1,1508,8 647.05 (2m) Subject to s. 49.455, a continuing care contract may require that, before a resident applies for medical assistance, the resident must spend on his or her care the resources declared for purposes of admission to the facility.

SB40-ASA1, s. 2827 Section 2827. 655.27 (2) of the statutes is amended to read:

SB40-ASA1,1508,23 655.27 (2) Fund administration and operation. Management of the fund shall be vested with the board of governors. The commissioner shall either provide staff services necessary for the operation of the fund or, with the approval of the board of governors, contract for all or part of these services. Such a contract is subject to ss. 16.753 and 16.765, but is otherwise exempt from subch. IV of ch. 16. The commissioner shall adopt rules governing the procedures for creating and implementing these contracts before entering into the contracts. At least annually, the contractor shall report to the commissioner and to the board of governors regarding all expenses incurred and subcontracting arrangements. If the board of governors approves, the contractor may hire legal counsel as needed to provide staff services. The cost of contracting for staff services shall be funded from the appropriation under s. 20.145 (2) (u). The fund shall pay to the commissioner amounts charged for organizational support services, which shall be credited to the appropriation account under s. 20.145 (1) (g) 2.

SB40-ASA1, s. 2828 Section 2828. 701.06 (5) (intro.) of the statutes is amended to read:

SB40-ASA1,1509,7 701.06 (5) Claims for public support. (intro.) Notwithstanding any provision in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10, 49.345, or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or that furnished the beneficiary's spouse or minor child under s. 46.10, 49.345, or 301.12, upon application by the appropriate state department or county official, the court may:

SB40-ASA1, s. 3703g Section 3703g. 703.02 (10) of the statutes is amended to read:

SB40-ASA1,1509,11 703.02 (10) "Limited common elements" mean those element" means a common elements element identified in a declaration or on a condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners.

SB40-ASA1, s. 3703r Section 3703r. 703.38 (1) of the statutes is amended to read:

SB40-ASA1,1509,17 703.38 (1) Except as otherwise provided in this section and s. 30.1335, this chapter is applicable to all condominiums, whether established before or after August 1, 1978. However, with respect to condominiums existing on August 1, 1978, the declaration, bylaws or condominium plat need not be amended to comply with the requirements of this chapter.

SB40-ASA1, s. 2829 Section 2829. 751.15 (1) of the statutes is amended to read:

SB40-ASA1,1509,21 751.15 (1) The supreme court is requested to enter into a memorandum of understanding with the department of workforce development children and families under s. 49.857.

SB40-ASA1, s. 2830 Section 2830. 751.15 (2) of the statutes is amended to read:

SB40-ASA1,1510,7 751.15 (2) The supreme court is requested to promulgate rules that require each person who has a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number, that require each person who does not have a social security number, as a condition of membership in the state bar, to provide the board of bar examiners with a statement made or subscribed under oath or affirmation on a form prescribed by the department of workforce development children and families that the person does not have a social security number, and that prohibit the disclosure of that number to any person except the department of workforce development children and families for the purpose of administering s. 49.22.

SB40-ASA1, s. 2831 Section 2831. 751.15 (3) of the statutes is amended to read:

SB40-ASA1,1510,21 751.15 (3) The supreme court is requested to promulgate rules that deny, suspend, restrict or refuse to renew a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or if the department of workforce development children and families certifies that the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse. The supreme court is also requested to promulgate rules that invalidate a license to practice law if issued in reliance upon a statement made or subscribed under oath or affirmation under rules promulgated under sub. (2) that is false.

SB40-ASA1, s. 3707e Section 3707e. 757.83 (4) of the statutes is amended to read:

SB40-ASA1,1511,2 757.83 (4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the State Bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

SB40-ASA1, s. 3707p Section 3707p. 758.13 (1) (a) 7. of the statutes is amended to read:

SB40-ASA1,1511,5 758.13 (1) (a) 7. The revisor of statutes or an assistant designated by the revisor chief of the legislative reference bureau or his or her designee.

SB40-ASA1, s. 3707r Section 3707r. 758.13 (1) (b) of the statutes is amended to read:

SB40-ASA1,1511,12 758.13 (1) (b) The names of the judicial council members shall be certified to the secretary of state by the executive secretary of the judicial commission judicial council attorney. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.665 (1) 20.670 (1) for expenses necessarily incurred by members in attending council meetings.

SB40-ASA1, s. 3707s Section 3707s. 758.13 (3) (g) of the statutes is created to read:

SB40-ASA1,1511,14 758.13 (3) (g) 1. In this paragraph:

SB40-ASA1,1511,15 a. "Candidate" has the meaning given in s. 11.01 (1).

SB40-ASA1,1511,16 b. "Contribution" has the meaning given in s. 11.01 (6).

SB40-ASA1,1511,17 c. "Local office" has the meaning given in s. 5.02 (9).

SB40-ASA1,1511,18 d. "State office" has the meaning give in s. 5.02 (23).

SB40-ASA1,1511,23 2. The judicial council may appoint outside of the classified service an attorney, who is a member in good standing of the State Bar of Wisconsin, who shall be strictly nonpartisan, and who shall not make a contribution to a candidate for state office or local office while employed by the judicial council, to provide staff services to the council.

SB40-ASA1, s. 2832 Section 2832. 758.19 (4m) of the statutes is created to read:

SB40-ASA1,1512,5 758.19 (4m) The director of state courts may establish and charge fees for electronic filing of court documents under the circuit court automated information systems created under this section. The secretary of administration shall credit all moneys collected under this subsection to the appropriation account under s. 20.680 (2) (j).

SB40-ASA1, s. 3709g Section 3709g. 758.19 (5) (a) (intro.) of the statutes is amended to read:

SB40-ASA1,1512,7 758.19 (5) (a) (intro.) In this subsection, ":

SB40-ASA1,1512,8 1d. "Circuit court costs" means one or more of the following costs:

SB40-ASA1, s. 3709m Section 3709m. 758.19 (5) (a) 1. and 2. of the statutes are renumbered 758.19 (5) (a) 1d. a. and b.

SB40-ASA1, s. 3709p Section 3709p. 758.19 (5) (a) 1g., 1m. and 1r. of the statutes are created to read:

SB40-ASA1,1512,15 758.19 (5) (a) 1g. "Judicial officer need" means the total need for judicial officers as calculated by the director of state courts using the weighted caseload formula based on case filings in the previous calendar year.

SB40-ASA1,1512,17 1m. "Judicial officers" means circuit court commissioners and circuit court judges.

SB40-ASA1,1512,20 1r. "Weighted caseload formula" means the formula utilized by the director of state courts to determine the number of cases filed in a calendar year and the judicial officer time needed to process those cases.

SB40-ASA1, s. 3710m Section 3710m. 758.19 (5) (a) 3. of the statutes is renumbered 758.19 (5) (a) 1d. c. and amended to read:

SB40-ASA1,1513,4 758.19 (5) (a) 1d. c. Witness fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by the circuit court on its own motion or called by, or subpoenaed at the request of, a district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay for fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by, or subpoenaed at the request of the state public defender or a private attorney appointed under s. 977.08.

SB40-ASA1, s. 3711m Section 3711m. 758.19 (5) (a) 4m. of the statutes is renumbered 758.19 (5) (a) 1d. d. and amended to read:

SB40-ASA1,1513,13 758.19 (5) (a) 1d. d. Fees for expert witnesses appointed under s. 907.06 by the circuit court on its own motion or by the circuit court at the request of the district attorney, the state public defender or a private attorney appointed under s. 977.08 or by the circuit court upon agreement of the district attorney, the state public defender or a private attorney appointed under s. 977.08. Nothing in this subdivision affects the determination of who is obligated to pay fees for an expert witness appointed under s. 907.06.

SB40-ASA1, s. 3712m Section 3712m. 758.19 (5) (a) 5. of the statutes is renumbered 758.19 (5) (a) 1d. e. and amended to read:

SB40-ASA1,1513,18 758.19 (5) (a) 1d. e. Fees for witnesses or expert witnesses subpoenaed by the circuit court at the request of the district attorney, coroner or medical examiner under s. 979.06 (1) and (2).

SB40-ASA1, s. 3712p Section 3712p. 758.19 (5) (a) 6. of the statutes is renumbered 758.19 (5) (a) 1d. f.

SB40-ASA1, s. 3713m Section 3713m. 758.19 (5) (a) 8. of the statutes is renumbered 758.19 (5) (a) 1d. g. and amended to read:

SB40-ASA1,1513,25 758.19 (5) (a) 1d. g. Any other circuit court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of circuit court facilities.

SB40-ASA1, s. 2833 Section 2833. 758.19 (5) (am) of the statutes is created to read:

SB40-ASA1,1514,7 758.19 (5) (am) The director of state courts may create a uniform chart of accounts that each county shall be required to use for the recording of all financial transactions relating to the operation of circuit courts and may audit the information submitted under par. (e). If the director of state courts decides to create a uniform chart of accounts, he or she shall consult with the department of revenue regarding the creation of that chart.

SB40-ASA1, s. 2834 Section 2834. 758.19 (5) (b) (intro.) of the statutes is amended to read:

SB40-ASA1,1514,12 758.19 (5) (b) (intro.) From the appropriation appropriations under s. 20.625 (1) (d) and (q), the director of state courts shall make payments to counties totaling $9,369,800 within 30 days after October 29, 1999, and on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

SB40-ASA1, s. 3715m Section 3715m. 758.19 (5) (b) 1., 2. and 3. of the statutes are repealed and recreated to read:

SB40-ASA1,1514,18 758.19 (5) (b) 1. A payment determined by dividing the number of circuit court branches in the county by the total number of circuit court branches in the state and multiplying that result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1,1514,21 2. A payment determined by dividing the judicial officer need for the county by the total judicial need for all counties and multiplying the result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1,1515,2 3. A payment determined by dividing the total amount of circuit court fees, fines, forfeitures, and surcharges collected by the county in the previous calendar year by the total amount of circuit court fees, fines, forfeitures, and surcharges collected by all counties in the previous calendar year and multiplying that result by an amount equal to one-third of the total amount appropriated under s. 20.625 (1) (d) and (q).

SB40-ASA1, s. 2835 Section 2835. 758.19 (5) (d) of the statutes is repealed.

SB40-ASA1, s. 2836 Section 2836. 758.19 (5) (e) of the statutes is amended to read:

SB40-ASA1,1515,12 758.19 (5) (e) No later than July 1, 1994, and no later than July 1 May 15, 2009, and no later than May 15 of each year thereafter, each county shall submit to the director of state courts, in a format that is established by the director of state courts, and in a manner that comports with the uniform chart of accounts under par. (am), information regarding the amount of actual circuit court costs that the county incurred in the previous calendar year for each of the court costs listed in par. (a) 1. to 8 and revenues collected or received by the circuit court in the previous calendar year.

SB40-ASA1, s. 2837 Section 2837. 758.19 (5) (f) of the statutes is amended to read:

SB40-ASA1,1515,19 758.19 (5) (f) A county that fails to meet the requirements under par. (e) is not eligible for a payment under par. (b) for one fiscal year, as defined in s. 237.01 (3), after the July 1 May 15 that the information was not provided, or until the information is provided, whichever is earlier. Except as provided in this paragraph and par. (g), the information regarding the amount of actual costs reported under par. (e) does not affect the amount paid to a county under par. (b).

SB40-ASA1, s. 2838 Section 2838. 758.19 (5) (g) of the statutes is amended to read:

SB40-ASA1,1516,9 758.19 (5) (g) Beginning with the submittal of information under par. (e) on July 1, 1995, if the director of state courts determines, based on the information submitted under par. (e), that the payment made to a county under par. (b) for any calendar year exceeds the circuit court costs incurred by the county for that calendar year, the director of state courts shall deduct the difference from the next payment under par. (b) made to that county after the director's determination. The difference shall be apportioned as provided in par. (c) among the other counties for payment under par. (b) to the other counties on that payment date. For purposes of this paragraph, the director of state courts shall treat the period beginning on August 13, 1993, and ending on December 31, 1994, as a calendar year and determine from the information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the payment to a county under par. (b) on January 1, 1994, exceeds the circuit court costs incurred by the county for the period beginning on August 13, 1993, and ending on December 31, 1994.

SB40-ASA1, s. 2839 Section 2839. 767.001 (1d) of the statutes is amended to read:

SB40-ASA1,1516,12 767.001 (1d) "Department" means the department of workforce development children and families.

SB40-ASA1, s. 2840 Section 2840. 767.001 (2) (b) of the statutes is amended to read:

SB40-ASA1,1516,16 767.001 (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).

SB40-ASA1, s. 2841 Section 2841. 767.205 (2) (a) 3. of the statutes is amended to read:

SB40-ASA1,1516,20 767.205 (2) (a) 3. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under ss. 49.141 to 49.161.

SB40-ASA1, s. 2842 Section 2842. 767.205 (2) (a) 4. of the statutes is amended to read:

SB40-ASA1,1517,2 767.205 (2) (a) 4. Whenever aid under s. 46.261, 48.57 (3m) or (3n), 48.645, 49.19, or 49.45 has, in the past, been provided on behalf of a dependent child, 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.

SB40-ASA1, s. 2843 Section 2843. 767.217 (1) of the statutes is amended to read:

SB40-ASA1,1517,11 767.217 (1) Notice of pleading or motion. In an 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, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving the opposite party with a motion or pleading requesting the court 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 on the county child support agency under s. 59.53 (5) of the county in which the action is begun.

SB40-ASA1, s. 2844 Section 2844. 767.407 (1) (c) 1. of the statutes is amended to read: