AB40: Bill Text

AB40,1249,22 563.03 (1) "Adult family home" has the meaning given in s. 50.01 (1) (a) or (b).

AB40, s. 3464 Section 3464. 563.05 (3) of the statutes is amended to read:

AB40,1250,2 563.05 (3) The department may promulgate rules specifying the number of business days within which the department must review and make a determination on an application for a permit, as defined in s. 560.41 (2) 227.116 (1g), that is issued under this chapter.

AB40, s. 3465 Section 3465. 565.01 (4d) of the statutes is amended to read:

AB40,1250,5 565.01 (4d) "Minority business" means a business certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 3466 Section 3466. 565.01 (4e) of the statutes is amended to read:

AB40,1250,8 565.01 (4e) "Minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 3467 Section 3467. 601.93 (2) of the statutes is amended to read:

AB40,1250,21 601.93 (2) Every insurer doing a fire insurance business in this state shall, before March 1 in each year, file with the commissioner a statement, showing the amount of premiums upon fire insurance due for the preceding calendar year. Return premiums may be deducted in determining the premium on which the fire department dues are computed. Payments of quarterly installments of the total estimated payment for the then current calendar year under this subsection are due on or before April 15, June 15, September 15 and December 15. On March 1 the insurer shall pay any additional amounts due for the preceding calendar year. Overpayments will be credited on the amount due April 15. The commissioner shall, prior to May 1 each year, report to the department of commerce safety and professional services the amount of dues paid under this subsection and to be paid under s. 101.573 (1).

AB40, s. 3468 Section 3468. 607.02 (1) of the statutes is amended to read:

AB40,1251,3 607.02 (1) Types of policies permitted. Subject to sub. subs. (2) and (3), the life fund may issue to any resident of the state any kind of life insurance with any riders or endorsements thereto that would be filed with the commissioner for issuance by private insurers authorized to do a life insurance business in this state. Coverages may be combined and granted in the same policy by the life fund to the same extent as by a private life insurer.

AB40, s. 3469 Section 3469. 607.02 (3) of the statutes is created to read:

AB40,1251,6 607.02 (3) Closed enrollment. On and after the effective date of this subsection .... [LRB inserts date], all of the following apply:

AB40,1251,8 (a) The life fund may not accept applications for life insurance coverage under the life fund.

AB40,1251,11 (b) Life insurance policies for life insurance coverage under the life fund may be issued only on the basis of applications received before the effective date of this paragraph .... [LRB inserts date].

AB40, s. 3470 Section 3470. 609.805 of the statutes is repealed.

AB40, s. 3471 Section 3471. 610.70 (1) (a) of the statutes is amended to read:

AB40,1251,17 610.70 (1) (a) "Health care provider" means any person licensed, registered, permitted or certified by the department of health services or the department of regulation and licensing safety and professional services to provide health care services, items or supplies in this state.

AB40, s. 3472 Section 3472. 632.10 (1) of the statutes is amended to read:

AB40,1251,22 632.10 (1) "Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of commerce safety and professional services under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

AB40, s. 3473 Section 3473. 632.895 (17) of the statutes is repealed.

AB40, s. 3474 Section 3474. 704.05 (5) (a) 2. of the statutes is amended to read:

AB40,1252,14 704.05 (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. 20.143 (2) 20.490 (7) (h).

AB40, s. 3475 Section 3475. 709.03 (form) C. 8. of the statutes is amended to read:

AB40,1252,16 709.03 (form) - See PDF for table

AB40, s. 3476 Section 3476. 758.19 (4) of the statutes is amended to read:

AB40,1253,10 758.19 (4) The director of state courts may develop, promote, coordinate and implement circuit court automated information systems that are compatible among counties using the moneys appropriated under s. 20.680 (2) (j) and (kg). If the director of state courts provides funding to counties as part of the development and implementation of this system, the director of state courts may provide funding to counties with 1 or 2 circuit court judges for a minicomputer system only up to the level of funding that would have been provided had the county implemented a microcomputer system. In those counties with 1 or 2 circuit court judges, any costs incurred to implement a minicomputer system not funded under this subsection shall be paid by the county. Those counties may use that minicomputer system for county management information needs in addition to the circuit court automated information system use.

AB40, s. 3477 Section 3477. 758.19 (8) (a) (intro.) of the statutes is amended to read:

AB40,1253,16 758.19 (8) (a) (intro.) From the appropriation appropriations under s. 20.625 (1) (c) and (k), the director of state courts shall reimburse counties up to 4 times each year for the actual expenses paid for interpreters required by circuit courts to assist persons with limited English proficiency under s. 885.38 (8) (a) 1. The amount of the maximum hourly reimbursement for court interpreters shall be as follows:

AB40, s. 3478 Section 3478. 767.215 (5) (a) (intro.) of the statutes is amended to read:

AB40,1253,20 767.215 (5) (a) (intro.) When Except as provided in par. (am), when the petition under this section is filed with the court, the party filing the petition shall submit a separate form, furnished by the court, containing all of the following:

AB40, s. 3479 Section 3479. 767.215 (5) (a) 2. of the statutes is amended to read:

AB40,1253,24 767.215 (5) (a) 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife during the marriage and who is a minor.

AB40, s. 3480 Section 3480. 767.215 (5) (am) of the statutes is created to read:

AB40,1254,3 767.215 (5) (am) In an action to determine the paternity of a child, the party who filed the petition shall submit the form under par. (a) within 5 days after paternity is adjudicated.

AB40, s. 3481 Section 3481. 767.215 (5) (b) of the statutes is amended to read:

AB40,1254,9 767.215 (5) (b) A form submitted under this subsection shall be maintained with the confidential information required under s. 767.54 767.127 or maintained separately from the case file. The form may be disclosed only to the parties and their attorneys, a county child support enforcement agency, and any other person authorized by law or court order to have access to the information on the form.

AB40, s. 3482 Section 3482. 767.511 (6) (intro.) of the statutes is amended to read:

AB40,1254,20 767.511 (6) Interest on arrearage. (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. 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 department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:

AB40, s. 3483 Section 3483. 767.521 (intro.) of the statutes is amended to read:

AB40,1255,2 767.521 Action by state for child support. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.001 (1) (f) or for paternity determination and child support under s. 767.80 if the child's right to support is assigned to the state under s. 49.775 (2) (bm), 2009 stats., or s. 48.57 (3m) (b) 2. or (3n) (b) 2., 48.645 (3), 49.145 (2) (s), 49.19 (4) (h) 1. b., or 49.775 49.395 (2) (bm) and all of the following apply:

AB40, s. 3484 Section 3484. 778.25 (1) (a) 5. of the statutes is amended to read:

AB40,1255,8 778.25 (1) (a) 5. Under administrative rules promulgated by the board of regents Board of Regents of the University of Wisconsin System under s. 36.11 (1) (c) or the Board of Trustees of the University of Wisconsin-Madison under s. 37.11 (1m) (c) brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

AB40, s. 3485 Section 3485. 801.50 (5) of the statutes is amended to read:

AB40,1255,16 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by the earned release review commission a program review committee under s. 302.1135 (5) 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.

AB40, s. 3486 Section 3486. 809.30 (1) (c) of the statutes is amended to read:

AB40,1255,22 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.1135 or (9g), 973.19, 973.195, 973.198, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

AB40, s. 3487 Section 3487. 812.30 (9) of the statutes is amended to read:

AB40,1256,3 812.30 (9) "Need-based public assistance" means aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

AB40, s. 3488 Section 3488. 812.44 (4) 2. (form) of the statutes is amended to read:

AB40,1256,10 812.44 (4) 2. (form) You receive aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section s. 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes, or have received these benefits within the past 6 months.

AB40, s. 3489 Section 3489. 812.44 (5) 2. (form) of the statutes is amended to read:

AB40,1256,17 812.44 (5) 2. (form) I receive, am eligible for, or have within 6 months received, aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under section 59.53 (21) of the Wisconsin Statutes, medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or veterans benefits based on need under 38 USC 501 to 562 or section 45.351 (1) of the Wisconsin Statutes.

AB40, s. 3490 Section 3490. 814.29 (1) (d) 1. of the statutes is amended to read:

AB40,1256,24 814.29 (1) (d) 1. That the person is a recipient of means-tested public assistance, including aid to families with dependent children, relief funded by a relief block grant under ch. 49, relief provided by counties under s. 59.53 (21), medical assistance, supplemental security income, food stamps supplemental nutrition assistance program benefits, or benefits received by veterans under s. 45.40 (1m) or under 38 USC 501 to 562.

AB40, s. 3491 Section 3491. 815.18 (3) (o) of the statutes is amended to read:

AB40,1257,1 815.18 (3) (o) Tuition units. Tuition units purchased under s. 14.63 16.64.

AB40, s. 3492 Section 3492. 815.18 (3) (p) of the statutes is amended to read:

AB40,1257,4 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 14.64 16.641.

AB40, s. 3493 Section 3493. 885.237 (2) of the statutes is amended to read:

AB40,1257,13 885.237 (2) Notwithstanding s. 341.04, the fact that an automobile or motor truck having a registered weight of 8,000 pounds or less is located on a highway, as defined in s. 340.01 (22), and is not displaying valid registration plates, a temporary operation plate, or other evidence of registration as provided under s. 341.18 (1) is prima facie evidence, for purposes of ch. 341, that the vehicle is an unregistered or improperly registered vehicle. This subsection does not apply to violations of ordinances enacted under s. 341.65, but this subsection does apply to violations of ordinances enacted under s. 341.65, 2003 stats.

AB40, s. 3494 Section 3494. 887.23 (1) of the statutes is amended to read:

AB40,1258,4 887.23 (1) Who may require. The department of health services, the department of corrections, the state superintendent of public instruction, the Board of Trustees of the University of Wisconsin–Madison, or the board of regents Board of Regents of the University of Wisconsin System may order the deposition of any witness to be taken concerning any institution under his, her or its government or superintendence, or concerning the conduct of any officer or agent thereof, or concerning any matter relating to the interests thereof. Upon presentation of a certified copy of such order to any municipal judge, notary public or court commissioner, the officer shall take the desired deposition in the manner provided for taking depositions to be used in actions. When any officer or agent of any institution is concerned and will be affected by the testimony, 2 days' written notice of the time and place of taking the deposition shall be given him or her. Any party interested may appear in person or by counsel and examine the witness touching the matters mentioned in the order. The deposition, duly certified, shall be delivered to the authority which ordered it.

AB40, s. 3495 Section 3495. 891.45 (1) (b) of the statutes is amended to read:

AB40,1258,9 891.45 (1) (b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 60.553 (2), 61.66 (2), or 62.13 (2e) (b) and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

AB40, s. 3496 Section 3496. 891.453 (1) (c) of the statutes is amended to read:

AB40,1258,13 891.453 (1) (c) "Fire fighter" means a state, county, or municipal fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter took up at least two-thirds of his or her working hours.

AB40, s. 3497 Section 3497. 891.453 (1) (d) of the statutes is amended to read:

AB40,1258,20 891.453 (1) (d) "Law enforcement officer" means any person employed by the state or by a county or a municipality for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances which he or she is employed to enforce. "Law enforcement officer" includes a person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a police officer took up at least two-thirds of his or her working hours.

AB40, s. 3498 Section 3498. 891.455 (1) of the statutes is amended to read:

AB40,1258,25 891.455 (1) In this section, "state, county, or municipal fire fighter" means a fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

AB40, s. 3499 Section 3499. 893.82 (2) (d) 4. of the statutes is created to read:

AB40,1259,3 893.82 (2) (d) 4. An officer, director, employee, or agent of the Board of Trustees of the University of Wisconsin–Madison.

AB40, s. 3500 Section 3500. 893.82 (9) of the statutes is created to read:

AB40,1259,12 893.82 (9) For purposes of this section, any employee of the state of Minnesota performing services for this state pursuant to a valid agreement between this state and the state of Minnesota providing for interchange of employees or services is considered to have the same status an as employee of this state performing the same services for this state, and any employee of this state who performs services for the state of Minnesota pursuant to such an agreement is considered to have the same status as when performing the same services for this state in any action brought under the laws of this state.

AB40, s. 3501 Section 3501. 893.925 (2) (a) of the statutes is amended to read:

AB40,1259,21 893.925 (2) (a) An action to recover damages for mining-related injuries under s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of commerce safety and professional services gives written notice within the time specified in this subsection that a claim has been filed with it under sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.

AB40, s. 3502 Section 3502. 895.07 (13) of the statutes is amended to read:

AB40,1259,25 895.07 (13) Brochure. The department of commerce safety and professional services shall prepare a brochure explaining the process under this section and shall provide that brochure to contractors.

AB40, s. 3503 Section 3503. 895.441 (5) of the statutes is amended to read:

AB40,1260,7 895.441 (5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing safety and professional services, the department of health services, the injured patients and families compensation fund peer review council, or a district attorney is void.

AB40, s. 3504 Section 3504. 895.46 (10) of the statutes is created to read:

AB40,1260,14 895.46 (10) Any employee of the state of Minnesota who is named as a defendant and who is found liable as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services shall be indemnified by this state to the same extent as an employee of this state performing the same services for this state pursuant to this section.

AB40, s. 3505 Section 3505. 895.46 (11) of the statutes is created to read:

AB40,1260,18 895.46 (11) An officer, director, employee, or agent of the Board of Trustees of the University of Wisconsin–Madison is a state officer, employee, or agent for the purposes of this section.

AB40, s. 3506 Section 3506. 895.515 (1) (b) of the statutes is amended to read:

AB40,1260,23 895.515 (1) (b) "Institution of higher education" means an institution within the University of Wisconsin System, the University of Wisconsin–Madison, a technical college, or a private, nonprofit institution of higher education located in this state.

AB40, s. 3507 Section 3507. 895.517 (1) (d) of the statutes is repealed.

AB40, s. 3508 Section 3508. 895.517 (2) of the statutes is amended to read: