AB68: Bill Text

AB68,1580,2 633.09 (4) (b) 2. To a an employee benefit plan policyholder for payment to a principal, the funds belonging to the principal.

AB68,1580,3 3. To an insured employee, the funds belonging to the insured employee.

AB68,3001 Section 3001 . 633.11 of the statutes is amended to read:

AB68,1580,10 633.11 Claim adjustment compensation. If an administrator adjusts or settles claims under a an employee benefit plan, the commission, fees or charges that the principal pays the administrator may not be based on the employee benefit plan's loss experience. This section does not prohibit compensation based on the number or amount of premiums or charges collected, or the number or amount of claims paid or processed by the administrator.

AB68,3002 Section 3002 . 633.12 (1) (intro.), (b) and (c) of the statutes are amended to read:

AB68,1580,17 633.12 (1) (intro.) An administrator shall prepare sufficient copies of a written notice approved in advance by the principal for distribution to all insureds insured employees of the principal and either shall distribute the copies to the insureds insured employees or shall provide the copies to the principal for distribution to the insureds insured employees. The written notice shall contain all of the following:

AB68,1580,19 (b) An explanation of the respective rights and responsibilities of the administrator, the principal and the insureds insured employees.

AB68,1580,21 (c) A statement of the extent to which the employee benefit plan is insured or self-insured, and an explanation of the terms “insured" and “self-insured".

AB68,3003 Section 3003 . 633.13 (1) and (3) of the statutes are amended to read:

AB68,1581,2 633.13 (1) General. Except as provided in sub. (2), a person may not perform, offer to perform or advertise any service as an administrator or a pharmacy benefit manager unless the person has obtained a license under s. 633.14. A pharmacy benefit manager that also performs services as an administrator need only obtain an administrator license under s. 633.14.

AB68,1581,7 (3) Responsibilities of principal. A principal may not use the services of an administrator unless the administrator furnishes proof of licensure under s. 633.14 or exemption under sub. (2). An insurer or a self-insured health plan may not use the services of a pharmacy benefit manager unless the pharmacy benefit manager furnishes proof of licensure under s. 633.14.

AB68,3004 Section 3004 . 633.14 (2) (intro.) and (c) 1. and 3. and (3) of the statutes are amended to read:

AB68,1581,12 633.14 (2) (intro.) The commissioner shall issue a license to act as an administrator or pharmacy benefit manager to a corporation, limited liability company or partnership that does all of the following:

AB68,1581,16 (c) 1. That the corporation, limited liability company or partnership intends in good faith to act as an administrator or pharmacy benefit manager through individuals designated under subd. 3. in compliance with applicable laws of this state and rules and orders of the commissioner.

AB68,1581,21 3. That for each employee benefit plan or prescription drug benefit to be administered, the corporation, limited liability company or partnership has designated or will designate an individual in the corporation, limited liability company or partnership to directly administer the employee benefit plan or prescription drug benefit.

AB68,1581,25 (3) The commissioner shall promulgate rules establishing the specifications that a bond supplied by an administrator or pharmacy benefit manager under sub. (1) (b) or (2) (b) must satisfy to guarantee faithful performance of the administrator or pharmacy benefit manager.

AB68,3005 Section 3005. 633.15 (1) (a), (1m), and (2) (a) 1., 2. and 3. and (b) 1. of the statutes are amended to read:

AB68,1582,5 633.15 (1) (a) Payment. An administrator or pharmacy benefit manager shall pay the annual renewal fee under s. 601.31 (1) (w) for each annual renewal of a license by the date specified by a schedule established under par. (b).

AB68,1582,17 (1m) Social security number, federal employer identification number or statement. At an annual renewal, an administrator or pharmacy benefit manager 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 or pharmacy benefit manager 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 children and families, a statement made or subscribed under oath or affirmation that the administrator does not have a social security number.

AB68,1582,25 (2) (a) 1. If an administrator or pharmacy benefit manager fails to pay the annual renewal fee as provided under sub. (1) or fails to provide a social security number, federal employer identification number or statement made or subscribed under oath or affirmation as required under sub. (1m), the commissioner shall suspend the administrator's or pharmacy benefit manager's license effective the day following the last day when the annual renewal fee may be paid, if the commissioner has given the administrator or pharmacy benefit manager reasonable notice of when the fee must be paid to avoid suspension.

AB68,1583,6 2. If, within 60 days from the effective date of suspension under subd. 1., an administrator or pharmacy benefit manager pays the annual renewal fee or provides the social security number, federal employer identification number or statement made or subscribed under oath or affirmation, or both if the suspension was based upon a failure to do both, the commissioner shall reinstate the administrator's or pharmacy benefit manager's license effective as of the date of suspension.

AB68,1583,11 3. If payment is not made or the social security number, federal employer identification number or statement made or subscribed under oath or affirmation is not provided within 60 days from the effective date of suspension under subd. 1., the commissioner shall revoke the administrator's or pharmacy benefit manager's license.

AB68,1583,14 (b) 1. Except as provided in pars. (c) to (e), the commissioner may revoke, suspend or limit the license of an administrator or pharmacy benefit manager after a hearing if the commissioner makes any of the following findings:

AB68,1583,16 a. That the administrator or pharmacy benefit manager is unqualified to perform the responsibilities of an administrator or pharmacy benefit manager.

AB68,1583,18 b. That the administrator or pharmacy benefit manager has repeatedly or knowingly violated an applicable law, rule or order of the commissioner.

AB68,1583,23 c. That If the licensee is an administrator, that the administrator's methods or practices in administering a an employee benefit plan endanger the interests of insureds insured employees or the public, or that the financial resources of the administrator are inadequate to safeguard the interests of insureds insured employees or the public.

AB68,3006 Section 3006 . 633.15 (2) (b) 1. d. of the statutes is created to read:

AB68,1584,5 633.15 (2) (b) 1. d. If the licensee is a pharmacy benefit manager, that the pharmacy benefit manager's methods or practices in administering a prescription drug benefit endanger the interests of enrollees or the public, or that the financial resources of the pharmacy benefit manager are inadequate to safeguard the interests of enrollees or the public.

AB68,3007 Section 3007 . 633.15 (2) (b) 2. of the statutes is amended to read:

AB68,1584,10 633.15 (2) (b) 2. A person whose license has been revoked under subd. 1. may apply for a new license under s. 633.14 only after the expiration of 5 years from the date of the order revoking the administrator's or pharmacy benefit manager's license, unless the order specifies a lesser period.

AB68,3008 Section 3008 . 633.15 (2) (f) of the statutes is created to read:

AB68,1584,15 633.15 (2) (f) The commissioner, after ordering a suspension or revocation under this subsection, may allow a pharmacy benefit manager to continue to provide services for the purpose of providing continuity of care in prescription drug benefits to existing enrollees.

AB68,3009 Section 3009 . 633.16 of the statutes is amended to read:

AB68,1584,19 633.16 Regulation. Nothing in this chapter gives the commissioner the authority to impose requirements on a an employee benefit plan that is exempt from state law under 29 USC 1144 (b).

AB68,3010 Section 3010 . 700.19 (2) of the statutes is amended to read:

AB68,1585,3 700.19 (2) Husband and wife Spouses. If persons named as owners in a document of title, transferees in an instrument of transfer, or buyers in a bill of sale are described in the document, instrument, or bill of sale as husband and wife married to each other, or are in fact husband and wife married to each other, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument, or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.

AB68,3011 Section 3011. 704.07 (2) (bm) 1. of the statutes is repealed.

AB68,3012 Section 3012. 704.07 (2) (bm) 3. of the statutes is amended to read:

AB68,1585,7 704.07 (2) (bm) 3. The violation presents a significant threat to the prospective tenant's health or safety.

AB68,3013 Section 3013. 704.17 (3m) of the statutes is repealed.

AB68,3014 Section 3014. 704.17 (5) (a) of the statutes is renumbered 704.17 (5) and amended to read:

AB68,1585,13 704.17 (5) Contrary provision in the lease. Except as provided in par. (b), provisions Provisions in the lease or rental agreement for termination contrary to this section are invalid except in leases for more than one year.

AB68,3015 Section 3015. 704.17 (5) (b) of the statutes is repealed.

AB68,3016 Section 3016. 704.19 (2) (b) 2. of the statutes is amended to read:

AB68,1585,20 704.19 (2) (b) 2. Notwithstanding subd. 1., nothing in this section prevents termination of a tenancy before the end of a rental period because of an imminent threat of serious physical harm, as provided in s. 704.16, or for criminal activity or drug-related criminal activity, nonpayment of rent, or breach of any other condition of the tenancy, as provided in s. 704.17.

AB68,3017 Section 3017 . 705.01 (4) of the statutes is amended to read:

AB68,1586,2 705.01 (4) “Joint account" means an account, other than a marital account, payable on request to one or more of 2 or more parties whether or not mention is made of any right of survivorship. “Joint account" also means any account established with the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties.

AB68,3018 Section 3018 . 705.01 (4m) of the statutes is amended to read:

AB68,1586,9 705.01 (4m) “Marital account" means an account established without the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties and which is designated as a marital account. An account established by those parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint account.

AB68,3019 Section 3019 . 706.09 (1) (e) of the statutes is amended to read:

AB68,1586,17 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of an interest in real estate, if the recorded conveyance purporting to transfer the homestead states that the person executing it is single, unmarried , or widowed a surviving spouse or fails to indicate the marital status of the transferor, and if the conveyance has, in either case, appeared of record for 5 years. This paragraph does not apply to the interest of a married person who is described of record as a holder in joint tenancy or of marital property with that transferor.

AB68,3020 Section 3020. 753.06 (4) (a) of the statutes is amended to read:

AB68,1586,19 753.06 (4) (a) Calumet County. The circuit has one branch 2 branches.

AB68,3021 Section 3021. 753.06 (7) (e) of the statutes is amended to read:

AB68,1586,21 753.06 (7) (e) Jackson County. The circuit has one branch 2 branches.

AB68,3022 Section 3022. 753.06 (9) (g) of the statutes is amended to read:

AB68,1586,23 753.06 (9) (g) Marathon County. The circuit has 5 6 branches.

AB68,3023 Section 3023. 753.06 (10) (f) of the statutes is amended to read:

AB68,1586,25 753.06 (10) (f) Dunn County. The circuit has 2 3 branches.

AB68,3024 Section 3024. 757.69 (1) (j) of the statutes is amended to read:

AB68,1587,3 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or, 813.123 , or 813.124.

AB68,3025 Section 3025 . 757.69 (1m) (g) of the statutes is amended to read:

AB68,1587,5 757.69 (1m) (g) Make any dispositional order under s. 938.34 (4d), (4h), or (4m).

AB68,3026 Section 3026 . 757.69 (1m) (g) of the statutes, as affected by 2021 Wisconsin Act .... (this act), is amended to read:

AB68,1587,8 757.69 (1m) (g) Make any dispositional order under s. 938.34 (4d) or (4m).

AB68,3027 Section 3027 . 765.001 (2) of the statutes is amended to read:

AB68,1588,2 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

AB68,3028 Section 3028 . 765.01 of the statutes is amended to read:

AB68,1588,7 765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife spouse to each other.

AB68,3029 Section 3029 . 765.02 (3) of the statutes is created to read:

AB68,1588,10 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

AB68,3030 Section 3030 . 765.03 (1) of the statutes is amended to read:

AB68,1588,22 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife spouse living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where if either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile or that the 2 parties are otherwise permanently biologically incapable of producing a child together. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

AB68,3031 Section 3031 . 765.16 (1m) (intro.) of the statutes is amended to read:

AB68,1589,4 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each takes the other as husband and wife his or her spouse, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. The following are authorized to be officiating persons:

AB68,3032 Section 3032 . 765.16 (1m) (c) of the statutes is amended to read:

AB68,1589,9 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they take each takes the other as husband and wife his or her spouse, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of the parties may belong.

AB68,3033 Section 3033 . 765.23 of the statutes is amended to read:

AB68,1589,25 765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized in a county other than the county prescribed in s. 765.12, or more than 30 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife a married couple, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.

AB68,3034 Section 3034. 765.24 of the statutes is amended to read:

AB68,1590,15 765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife spouse with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife a married couple, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife spouse was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they the parties shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife a married couple in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of any children born during such subsequent marriage shall be considered as the marital issue children of both parents parties.

AB68,3035 Section 3035 . 765.30 (3) (a) of the statutes is amended to read:

AB68,1590,25 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provided; or unless the parties to such marriage declare that they take each takes the other as husband and wife his or her spouse; or without the presence of 2 competent adult witnesses; or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 30 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person; or solemnizes a marriage in a county other than the county prescribed in s. 765.12.

AB68,3036 Section 3036. 766.587 (7) (form) 9. of the statutes is amended to read:

AB68,1591,6 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986, OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER.

AB68,1591,8 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

AB68,1591,9 (Pursuant to Section 766.587, Wisconsin Statutes)

AB68,1591,11 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).