Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,145,18 (b) The motor vehicle is insured as required by s. 121.53, 194.41, or 194.42 and the vehicle is being operated by the owner or with the owner's permission.

AB75-SSA1-SA1,145,21 (c) The motor vehicle is owned by a self-insurer holding a valid certificate of self-insurance under s. 344.16, the self-insurer has made an agreement described in s. 344.30 (4), and the vehicle is being operated with the owner's permission.

AB75-SSA1-SA1,145,24 (d) The owner or operator of the motor vehicle has made a deposit of cash or securities meeting the requirements specified in s. 344.37 (1) and the vehicle is being operated by or with the permission of the person who made the deposit.

AB75-SSA1-SA1,145,25 (e) The motor vehicle is subject to s. 344.51, 344.52, or 344.55.

AB75-SSA1-SA1,146,3 (f) The motor vehicle is owned by or leased to the United States, this or another state, or any county or municipality of this or another state, and the vehicle is being operated with the owner's or lessee's permission.

AB75-SSA1-SA1,146,5 (2) (a) The provisions of ss. 344.34 and 344.36 (2) and (3) shall apply with respect to a bond filed with the secretary under sub. (1) (a).

AB75-SSA1-SA1,146,12 (b) The provisions of s. 344.37 (2) shall apply with respect to a deposit made with the secretary under sub. (1) (d). Any deposit received by the department under sub. (1) (d) shall be maintained in an interest-bearing trust account. All deposits received by the department under sub. (1) (d) shall be held for the benefit of the depositors and potential claimants against the deposits and shall be applied only to the payment of judgments and assignments relating to motor vehicle accidents, following the procedure described in s. 344.20 (2).

AB75-SSA1-SA1,146,16 (3) (a) Except as provided in par. (b), the secretary shall, upon request, consent to the immediate cancellation of any bond filed under sub. (1) (a) or to the return of any deposit of money or securities made under sub. (1) (d) if any of the following apply:

AB75-SSA1-SA1,146,20 1. The owner or operator of a motor vehicle provides proof satisfactory to the department that the owner or operator has in effect a motor vehicle liability policy with respect to the vehicle or provides proof that a different exception under sub. (1) applies with respect to the vehicle.

AB75-SSA1-SA1,146,23 2. The person on whose behalf the bond was filed or deposit made has died, has become permanently incapacitated to operate a motor vehicle, or no longer maintains a valid operator's license.

AB75-SSA1-SA1,146,25 3. The person on whose behalf the bond was filed or deposit made no longer owns any motor vehicle registered with the department.

AB75-SSA1-SA1,147,11 (b) The secretary may not consent to the cancellation of any bond filed under sub. (1) (a) or to the return of any deposit of money or securities made under sub. (1) (d) if any action for damages upon the bond or deposit is then pending or any judgment against the person, for which a claim may be made against the bond or deposit, is then unsatisfied. If a judgment is in excess of the amounts specified in s. 344.33 (2), for purposes of this paragraph the judgment is considered satisfied when payments in the amounts specified in s. 344.33 (2) have been made. An affidavit of the applicant that the applicant satisfies the provisions of this paragraph is sufficient for the department to consent to the cancellation of a bond or to return any deposit, in the absence of evidence in the records of the department contradicting the affidavit.

AB75-SSA1-SA1,147,14 344.64 Fraudulent, false, or invalid proof of insurance. No person may do any of the following for purposes of creating the appearance of satisfying the requirements under s. 344.62 (2):

AB75-SSA1-SA1,147,18 (1) Forge, falsify, counterfeit, or fraudulently alter any proof of insurance, policy of insurance, or other insurance document, or possess any forged, falsified, fictitious, counterfeit, or fraudulently altered proof of insurance, policy of insurance, or other insurance document.

AB75-SSA1-SA1,147,22 (2) Represent that any proof of insurance, policy of insurance, or other insurance document is valid and in effect, knowing or having reason to believe that the proof of insurance, policy of insurance, or other insurance document is not valid or not in effect.

AB75-SSA1-SA1,147,24 344.65 Violations. (1) (a) Any person who violates s. 344.62 (1) may be required to forfeit not more than $500.

AB75-SSA1-SA1,148,2 (b) Except as provided in par. (c), any person who violates s. 344.62 (2) may be required to forfeit $10.

AB75-SSA1-SA1,148,7 (c) No person charged with violating s. 344.62 (2) may be convicted if the person produces proof that he or she was in compliance with s. 344.62 (1) at the time the person was issued a uniform traffic citation for violating s. 344.62 (2). This proof may be produced either at the time of the person's appearance in court in response to the citation or in the office of the traffic officer issuing the citation.

AB75-SSA1-SA1,148,9 (2) Any person who violates s. 344.64 may be required to forfeit not more than $5,000.

AB75-SSA1-SA1,148,16 (3) A traffic officer may not stop or inspect a vehicle solely to determine compliance with s. 344.62 or a local ordinance in conformity therewith. This subsection does not limit the authority of a traffic officer to issue a citation for a violation of s. 344.62 or a local ordinance in conformity therewith observed in the course of a stop or inspection made for other purposes, except that a traffic officer may not take a person into physical custody solely for a violation of s. 344.62 or a local ordinance in conformity therewith.

AB75-SSA1-SA1,148,18 344.66 Rules. The department shall promulgate rules, and prescribe any necessary forms, to implement and administer this subchapter.

AB75-SSA1-SA1,148,21 344.67 Notice. The department shall include with each operator's license issued under ch. 343 notification of the requirements and penalties under this subchapter.".

AB75-SSA1-SA1,148,22 483. Page 1497, line 6: delete lines 6 to 22.

AB75-SSA1-SA1,148,23 484. Page 1503, line 15: delete lines 15 to 20.

AB75-SSA1-SA1,149,3 485. Page 1538, line 1: after "chiropractor" insert "unless the claim for the services related to the copayment, coinsurance, or deductible is reduced by an equal amount".

AB75-SSA1-SA1,149,4 486. Page 1538, line 5: delete "and" and substitute "or".

AB75-SSA1-SA1,149,5 487. Page 1550, line 9: delete lines 9 to 12.

AB75-SSA1-SA1,149,6 488. Page 1555, line 12: delete lines 12 to 15.

AB75-SSA1-SA1,149,7 489. Page 1556, line 20: delete lines 20 to 23.

AB75-SSA1-SA1,149,8 490. Page 1561, line 1: delete lines 1 to 4.

AB75-SSA1-SA1,149,9 491. Page 1592, line 8: delete lines 8 to 12.

AB75-SSA1-SA1,149,10 492. Page 1594, line 2: delete "632.895 (14m)" and substitute "632.885".

AB75-SSA1-SA1,149,11 493. Page 1603, line 14: delete lines 14 to 20.

AB75-SSA1-SA1,149,12 494. Page 1614, line 14: after that line insert:

AB75-SSA1-SA1,149,13 " Section 3197p. 632.885 of the statutes is created to read:

AB75-SSA1-SA1,149,14 632.885 Coverage of dependents. (1) Definitions. In this section:

AB75-SSA1-SA1,149,15 (a) "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

AB75-SSA1-SA1,149,16 (b) "Insured" includes an enrollee.

AB75-SSA1-SA1,149,17 (c) "Self-insured health plan" has the meaning given in s. 632.745 (24).

AB75-SSA1-SA1,149,22 (2) Requirement to offer dependent coverage. (a) Subject to ss. 632.88 and 632.895 (5), every insurer that issues a disability insurance policy, and every self-insured health plan, shall offer and, if so requested by an applicant or an insured, provide coverage for an adult child of the applicant or insured as a dependent of the applicant or insured if the child satisfies all of the following criteria:

AB75-SSA1-SA1,149,23 1. The child is over 17 but less than 27 years of age.

AB75-SSA1-SA1,149,24 2. The child is not married.

AB75-SSA1-SA1,150,5 3. The child is not eligible for coverage under a group health benefit plan, as defined in s. 632.745 (9), that is offered by the child's employer and for which the amount of the child's premium contribution is no greater than the premium amount for his or her coverage as a dependent under this section.

AB75-SSA1-SA1,150,7 (b) Notwithstanding par. (a) 1., the coverage requirement under this section applies to an adult child who satisfies all of the following criteria:

AB75-SSA1-SA1,150,8 1. The child is a full-time student, regardless of age.

AB75-SSA1-SA1,150,9 2. The child satisfies the criteria under par. (a) 2. and 3.

AB75-SSA1-SA1,150,12 3. The child was called to federal active duty in the national guard or in a reserve component of the U.S. armed forces while the child was attending, on a full-time basis, an institution of higher education.

AB75-SSA1-SA1,150,14 4. The child was under the age of 27 years when called to federal active duty under subd. 3.

AB75-SSA1-SA1,150,18 (3) Premium determination. An insurer or self-insured health plan shall determine the premium for coverage of a dependent who is over 18 years of age on the same basis as the premium is determined for coverage of a dependent who is 18 years of age or younger.

AB75-SSA1-SA1,150,22 (4) Documentation of criteria satisfaction. An insurer or self-insured health plan may require that an applicant or insured seeking coverage of a dependent child provide written documentation, initially and annually thereafter, that the dependent child satisfies the criteria for coverage under this section.".

AB75-SSA1-SA1,150,24 495. Page 1617, line 21: delete the material beginning with that line and ending with page 1618, line 9, and substitute:

AB75-SSA1-SA1,150,25 " Section 3198b. 632.895 (15) (a) of the statutes is amended to read:

AB75-SSA1-SA1,151,7 632.895 (15) (a) Subject to pars. (b) and (c), every disability insurance policy, and every self-insured health plan of the state or a county, city, town, village, or school district, that provides coverage for a person as a dependent of the insured because the person is a full-time student, including the coverage under s. 632.885 (2) (b), shall continue to provide dependent coverage for the person if, due to a medically necessary leave of absence, he or she ceases to be a full-time student.

AB75-SSA1-SA1, s. 3198c Section 3198c. 632.895 (15) (c) 5. of the statutes is amended to read:

AB75-SSA1-SA1,151,12 632.895 (15) (c) 5. The Except for a person who has coverage as a dependent under s. 632.885 (2) (b), the person reaches the age at which coverage as a dependent who is a full-time student would otherwise end under the terms and conditions of the policy or plan.".

AB75-SSA1-SA1,151,13 496. Page 1637, line 15: after that line insert:

AB75-SSA1-SA1,151,14 " Section 3203m. 757.05 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,152,3 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility violation under s. 344.62 (2), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.".

AB75-SSA1-SA1,152,4 497. Page 1637, line 15: after that line insert:

AB75-SSA1-SA1,152,5 " Section 3203p. 707.46 (3) of the statutes is renumbered 707.46 (3) (a).

AB75-SSA1-SA1, s. 3203q Section 3203q. 707.46 (3) (b) of the statutes is created to read:

AB75-SSA1-SA1,152,8 707.46 (3) (b) Paragraph (a) does not apply to a contract for, or other instrument evidencing, the purchase of a time-share license.".

AB75-SSA1-SA1,152,9 498. Page 1638, line 1: before that line insert:

AB75-SSA1-SA1,152,10 " Section 3205r. 765.08 (2) of the statutes is amended to read:

AB75-SSA1-SA1,152,14 765.08 (2) The county clerk may, at his or her discretion, issue a marriage license within less than 5 days after application if the applicant pays an additional fee of not more than $10 $25 to cover any increased processing cost incurred by the county. The county clerk shall pay this fee into the county treasury.".

AB75-SSA1-SA1,152,15 499. Page 1648, line 10: after that line insert:

AB75-SSA1-SA1,152,16 " Section 3221d. 799.41 of the statutes is renumbered 799.41 (1).

AB75-SSA1-SA1, s. 3221e Section 3221e. 799.41 (2) of the statutes is created to read:

AB75-SSA1-SA1,152,20 799.41 (2) If the eviction seeks to remove a tenant whose tenancy is terminated as the result of a foreclosure judgment and sale under s. 708.02, the complaint shall identify the action as an eviction of the tenant due to a foreclosure action.".

AB75-SSA1-SA1,152,22 500. Page 1648, line 11: delete the material beginning with that line and ending with page 1649, line 10.

AB75-SSA1-SA1,152,23 501. Page 1649, line 18: after that line insert:

AB75-SSA1-SA1,152,24 " Section 3222g. 802.03 (9) of the statutes is created to read:

AB75-SSA1-SA1,153,3 802.03 (9) Foreclosure. In an action for foreclosure of real property, the complaint may not name a tenant of residential real property as a defendant unless the tenant has a lien or ownership interest in the real property.".

AB75-SSA1-SA1,153,5 502. Page 1649, line 19: delete the material beginning with that line and ending with page 1650, line 2.

AB75-SSA1-SA1,153,6 503. Page 1652, line 10: after that line insert:

AB75-SSA1-SA1,153,7 " Section 3233c. 814.63 (1) (c) of the statutes is amended to read:

AB75-SSA1-SA1,153,14 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a financial responsibility violation under s. 344.62 (2), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m).

AB75-SSA1-SA1, s. 3233e Section 3233e. 814.63 (2) of the statutes is amended to read:

AB75-SSA1-SA1,154,2 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB75-SSA1-SA1, s. 3233r Section 3233r. 814.65 (1) of the statutes is amended to read:

AB75-SSA1-SA1,154,15 814.65 (1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a financial responsibility violation under s. 344.62 (2), or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.".

AB75-SSA1-SA1,154,16 504. Page 1652, line 10: after that line insert:

AB75-SSA1-SA1,154,17 " Section 3232r. 814.61 (5) (intro.) of the statutes is amended to read:

AB75-SSA1-SA1,154,19 814.61 (5) Judgments, writs, executions, liens, warrants, awards, certificates. (intro.) The clerk shall collect a fee of $5 $10 for the following:".

AB75-SSA1-SA1,154,20 505. Page 1653, line 5: after that line insert:

AB75-SSA1-SA1,154,21 " Section 3239m. 814.85 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,155,5 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).".

AB75-SSA1-SA1,155,6 506. Page 1653, line 15: after that line insert:

AB75-SSA1-SA1,155,8 " Section 3240m. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read: