Amendment ASA1-AB100

AB100-ASA1, s. 4930u Section 4930u. 632.895 (12) of the statutes is created to read:

AB100-ASA1,1830,5 632.895 (12) Hospital services and anesthetics for dental care. (a) Every disability insurance policy, and every self-insured health plan of the state or a county, city, village, town or school district, shall cover hospital services and anesthetics that are provided in conjunction with dental care that is provided to a covered individual in a hospital, if any of the following applies:

AB100-ASA1,1830,6 1. The individual is a child under the age of 5.

AB100-ASA1,1830,8 2. The individual has a chronic disability that meets all of the conditions under s. 230.04 (9r) (a) 2. a., b. and c.

AB100-ASA1,1830,10 3. The individual has a medical condition that requires hospitalization or general anesthesia for dental care.

AB100-ASA1,1830,13 (b) The coverage required under par. (a) may be subject to any limitations, exclusions or cost-sharing provisions that apply generally under the disability insurance policy or self-insured plan.

AB100-ASA1, s. 3474 Section 3474. 632.897 (10) (am) 2. of the statutes is amended to read:

AB100-ASA1,1830,19 632.897 (10) (am) 2. Provide family coverage under the group policy or individual policy for the individual's child, if eligible for coverage, upon application by the individual, the child's other parent, the department of health and family services workforce development or the county designee child support agency under s. 59.53 (5).

AB100-ASA1, s. 4932m Section 4932m. 632.898 (1), (2), (3), (4), (5) and (6) of the statutes are repealed.

AB100-ASA1, s. 4932n Section 4932n. 632.898 (7) of the statutes is renumbered 632.745 (1m) and amended to read:

AB100-ASA1,1831,12 632.745 (1m) (title) Repeal of exception to qualifying coverage. If the federal government enacts legislation providing for a federal income tax exemption for amounts deposited in an a medical savings account established under this section s. 632.898, 1995 stats., and for any interest, dividends or other gain that accrues in the account if redeposited in the account, the commissioner shall conduct a study, to be completed within 4 years after the enactment of the federal legislation, of individuals and groups that had coverage under a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats., and that terminated that coverage in order to enroll in a health benefit plan that was not a high cost-share health plan, as defined in s. 632.898 (1) (c), 1995 stats. If as a result of the study the commissioner determines that s. 632.745 (1) (f) 2. is not necessary for the purpose for which it was intended, the commissioner shall certify that determination to the revisor of statutes. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin administrative register of the determination, the date of the certification and that after 30 days after the date of the certification s. 632.745 sub. (1) (f) 2. is not effective.

AB100-ASA1, s. 4943b Section 4943b. 635.254 (3) of the statutes is repealed.

AB100-ASA1, s. 4943m Section 4943m. 700.38 of the statutes is created to read:

AB100-ASA1,1831,15 700.38 Access to landlocked land. (1) In this section:

AB100-ASA1,1831,16 (a) "Acquiring entity" means any of the following:

AB100-ASA1,1831,17 1. The state or a state agency.

AB100-ASA1,1831,18 2. A local governmental unit.

AB100-ASA1,1831,20 3. An organization that has received a grant or loan from a state agency or a local governmental unit.

AB100-ASA1,1831,21 (b) "Local governmental unit" has the meaning given in s. 30.94 (1) (c).

AB100-ASA1,1831,22 (c) "State agency" has the meaning given in s. 23.175 (1) (b).

AB100-ASA1,1832,2 (2) If an acquiring entity acquires land and, as a result of the acquisition, the owner of land adjacent to the land acquired by the acquiring entity is not permitted any access to the owner's land, the acquiring entity, upon request of the owner, shall provide to the owner a right of access to the owner's land.

AB100-ASA1, s. 3475 Section 3475. 703.16 (6) (e) of the statutes is amended to read:

AB100-ASA1,1832,4 703.16 (6) (e) A lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

AB100-ASA1, s. 3476 Section 3476. 706.11 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,1832,10 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81:

AB100-ASA1, s. 3477 Section 3477. 707.37 (4) (d) of the statutes is amended to read:

AB100-ASA1,1832,12 707.37 (4) (d) A lien under s. 292.31 (8) (i), 144.77 292.41 (6) (d) or 292.81.

AB100-ASA1, s. 3478 Section 3478. 758.19 (3) of the statutes is repealed.

AB100-ASA1, s. 3479 Section 3479. 767.001 (2) (b) of the statutes is amended to read:

AB100-ASA1,1832,17 767.001 (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).

AB100-ASA1, s. 3480 Section 3480. 767.001 (7) of the statutes is repealed.

AB100-ASA1, s. 3481 Section 3481. 767.02 (1) (m) of the statutes is amended to read:

AB100-ASA1,1832,22 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

AB100-ASA1, s. 3482 Section 3482. 767.025 (3) of the statutes is repealed.

AB100-ASA1, s. 3483 Section 3483. 767.025 (4) of the statutes is amended to read:

AB100-ASA1,1833,9 767.025 (4) If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard, regardless of whether it is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify the clerk of circuit court or support collection designee to whom that payments of support or maintenance are payable and the clerk of circuit court or support collection designee to whom, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.

AB100-ASA1, s. 3484 Section 3484. 767.077 (intro.) of the statutes is amended to read:

AB100-ASA1,1833,15 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b. if all of the following apply:

AB100-ASA1, s. 3485 Section 3485. 767.08 (3) of the statutes is amended to read:

AB100-ASA1,1834,2 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee agency under s. 59.53 (5) or the department is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

AB100-ASA1, s. 3486 Section 3486. 767.15 (1) of the statutes is amended to read:

AB100-ASA1,1834,11 767.15 (1) In any 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, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner 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 upon the county child support program designee agency under s. 59.53 (5) of the county in which the action is begun.

AB100-ASA1, s. 3487 Section 3487. 767.25 (1g) of the statutes is amended to read:

AB100-ASA1,1834,16 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5).

AB100-ASA1, s. 3488 Section 3488. 767.25 (4m) (c) 1. of the statutes is amended to read:

AB100-ASA1,1835,8 767.25 (4m) (c) 1. In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include the notice of assignment under this subdivision with a notice of assignment under s. 767.265. The clerk of court department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the clerk department or its designee for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection department or its designee.

AB100-ASA1, s. 3489 Section 3489. 767.25 (4m) (d) 2. of the statutes is amended to read:

AB100-ASA1,1835,12 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county designee child support agency under s. 59.53 (5).

AB100-ASA1, s. 3490 Section 3490. 767.25 (6) (intro.) of the statutes is amended to read:

AB100-ASA1,1835,21 767.25 (6) (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. 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 clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for child support as follows:

AB100-ASA1, s. 3491 Section 3491. 767.25 (6) (a) of the statutes is amended to read:

AB100-ASA1,1836,3 767.25 (6) (a) First, to payment of child support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply child support payments received to payment of child support due within the calendar month during which the payment is received.

AB100-ASA1, s. 3492 Section 3492. 767.261 (intro.) of the statutes is amended to read:

AB100-ASA1,1836,14 767.261 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.25 and maintenance payment orders under s. 767.26. A party ordered to pay family support under this section shall pay simple interest at the rate of 1.5% per month on any amount unpaid, commencing the first day of the 2nd month after the month in which the amount was due. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4) or 815.05 (8) and is paid to the clerk of court or support collection department or its designee under s. 767.29. Except as provided in s. 767.29 (1m), the clerk of court or support collection department or its designee, whichever is appropriate, shall apply all payments received for family support as follows:

AB100-ASA1, s. 3493 Section 3493. 767.261 (1) of the statutes is amended to read:

AB100-ASA1,1836,21 767.261 (1) First, to payment of family support due within the calendar month during which the payment is withheld from income under s. 767.265 or under similar laws of another state. If payment is not made through income withholding, the clerk or support collection department or its designee, whichever is appropriate, shall first apply family support payments received to payment of family support due within the calendar month during which the payment is received.

AB100-ASA1, s. 3494 Section 3494. 767.262 (4) (b) of the statutes is amended to read:

AB100-ASA1,1837,5 767.262 (4) (b) The court may order payment of costs under this section by a county the department or its designee, whichever is appropriate, in an action in which the court finds that the record of payments and arrearages kept by the clerk of court under s. 59.40 (2) (h) or the support collection department or its designee under s. 59.07 (97m) (b) 1. is substantially incorrect and that the clerk of court or support collection department or its designee has failed to correct the record within 30 days after having received information that the court determines is sufficient for making the correction.

AB100-ASA1, s. 4985c Section 4985c. 767.263 of the statutes is amended to read:

AB100-ASA1,1837,19 767.263 Notice of change of employer; change of address; change in ability to pay. Each order for child support, family support or maintenance payments shall include an order that the payer and payee notify the clerk of court or support collection designee, whichever is appropriate, county child support agency under s. 59.53 (5) of any change of address within 10 days of such change. Each order for child support, family support or maintenance payments shall also include an order that the payer notify the clerk of court or support collection designee, county child support agency under s. 59.53 (5) within 10 days, of any change of employer and of any substantial change in the amount of his or her income such that his or her ability to pay child support, family support or maintenance is affected. The order shall also include a statement that clarifies that notification of any substantial change in the amount of the payer's income will not result in a change of the order unless a revision of the order is sought.

AB100-ASA1, s. 3495 Section 3495 . 767.265 (1) of the statutes is amended to read:

AB100-ASA1,1838,11 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3), for support by a spouse under s. 767.02 (1) (f) or for maintenance payments under s. 767.02 (1) (g), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the clerk of court or support collection department or its designee of the county where the action is filed. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

AB100-ASA1, s. 3496 Section 3496 . 767.265 (2r) of the statutes is amended to read:

AB100-ASA1,1838,25 767.265 (2r) Upon entry of each order for child support, maintenance, family support or support by a spouse and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 applies, the court, family court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail to the last-known address of the person from whom the payer receives or will receive money. If the clerk of court or support collection department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, family court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.

AB100-ASA1, s. 3497 Section 3497 . 767.265 (3h) of the statutes is amended to read:

AB100-ASA1,1839,15 767.265 (3h) A person who receives notice of assignment under this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) or similar laws of another state shall withhold the amount specified in the notice from any money that person pays to the payer later than one week after receipt of notice of assignment. Within 5 days after the day the person pays money to the payer, the person shall send the amount withheld to the clerk of court or support collection department or its designee, whichever is appropriate, of the jurisdiction providing notice or, in the case of an amount ordered withheld for health care expenses, to the appropriate health care insurer, provider or plan. Except as provided in sub. (3m), for each payment sent to the clerk of court or support collection department or its designee, the person from whom the payer receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the payer. Section 241.09 does not apply to assignments under this section.

AB100-ASA1, s. 3498 Section 3498 . 767.265 (6) (a) of the statutes is amended to read:

AB100-ASA1,1839,25 767.265 (6) (a) Except as provided in sub. (3m), if after receipt of notice of assignment the person from whom the payer receives money fails to withhold the money or send the money to the clerk of court or support collection department or its designee or the appropriate health care insurer, provider or plan as provided in this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c), the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB100-ASA1, s. 3499 Section 3499 . 767.265 (6) (b) of the statutes is amended to read:

AB100-ASA1,1840,7 767.265 (6) (b) If an employer who receives an assignment under this section or s. 767.23 (1) (L), 767.25 (4m) (c) or 767.51 (3m) (c) fails to notify the clerk of court or support collection department or its designee, whichever is appropriate, within 10 days after an employe is terminated or otherwise temporarily or permanently leaves employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB100-ASA1, s. 3500 Section 3500. 767.265 (7) of the statutes is amended to read:

AB100-ASA1,1840,13 767.265 (7) A person who receives more than one notice of assignment under sub. (3h) may send all money withheld to the clerk of court or support collection department or its designee, whichever is appropriate, in a combined payment, accompanied by any information the clerk of court or support collection department or its designee requires.

AB100-ASA1, s. 3501 Section 3501. 767.267 (1) of the statutes is amended to read:

AB100-ASA1,1841,9 767.267 (1) If the court or the family court commissioner determines that income withholding under s. 767.265 is inapplicable, ineffective or insufficient to ensure payment under an order or stipulation specified in s. 767.265 (1), or that income withholding under s. 767.25 (4m) (c) or 767.51 (3m) (c) is inapplicable, ineffective or insufficient to ensure payment of a child's health care expenses, including payment of health insurance premiums, ordered under s. 767.25 (4m) or 767.51 (3m), the court or family court commissioner may require the payer to identify or establish a deposit account, owned in whole or in part by the payer, that allows for periodic transfers of funds and to file with the financial institution at which the account is located an authorization for transfer from the account to the clerk of court or support collection department or its designee, whichever is appropriate. The authorization shall be provided on a standard form approved by the court and shall specify the frequency and the amount of transfer, sufficient to meet the payer's obligation under the order or stipulation, as required by the court or family court commissioner. The authorization shall include the payer's consent for the financial institution or an officer, employe or agent of the financial institution to disclose information to the court, family court commissioner, clerk of court or support collection county child support agency under s. 59.53 (5), department or department's designee regarding the account for which the payer has executed the authorization for transfer.

AB100-ASA1, s. 3502 Section 3502. 767.267 (2) of the statutes is amended to read:

AB100-ASA1,1841,21 767.267 (2) A financial institution that receives an authorization for transfer under sub. (1) shall transfer the amounts as specified in the authorization or shall transfer the amount available for transfer if at a time of transfer that amount is less than the amount specified in the authorization. The financial institution may accomplish the transfer by any lawful means, including payment by check, subject to the terms of the account. The financial institution may deduct from the payer's account for each transfer its usual fee for such fund transfers. If the account is closed or if no funds are available at a time of transfer, the financial institution shall notify the clerk of court or support collection county child support agency under s. 59.53 (5) or the department or its designee, whichever is appropriate, within 10 days after the date on which the funds should have been transferred.

AB100-ASA1, s. 3503 Section 3503. 767.267 (5) of the statutes is amended to read:

AB100-ASA1,1842,2 767.267 (5) A financial institution or an officer, employe or agent of a financial institution may disclose information to the court, family court commissioner, clerk of court or support collection county child support agency under s. 59.53 (5), department or department's designee concerning an account for which a payer has executed an authorization for transfer under sub. (1).

AB100-ASA1, s. 3504 Section 3504. 767.27 (2m) of the statutes is amended to read:

AB100-ASA1,1842,17 767.27 (2m) In every action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261 and the circumstances specified in s. 767.075 (1) apply, the court shall require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and may require that party to annually furnish a copy of his or her most recently filed state and federal income tax returns to the designee county child support agency under s. 59.53 (5) for the county in which the order was entered. In any action in which the court has ordered a party to pay child support under s. 767.25 or 767.51 or family support under s. 767.261, the court may require the party who is ordered to pay the support to annually furnish the disclosure form required under this section and a copy of his or her most recently filed state and federal income tax returns to the party for whom the support has been awarded. A party who fails to furnish the information as required by the court under this subsection may be proceeded against for contempt of court under ch. 785.

AB100-ASA1, s. 3505 Section 3505. 767.27 (4) of the statutes is amended to read:

AB100-ASA1,1842,23 767.27 (4) Failure by either party timely to file a complete disclosure statement as required by this section shall authorize the court to accept as accurate any information provided in the statement of the other party or obtained under s. 49.22 (2m) by the department or the county child and spousal support agency under s. 59.53 (5).

AB100-ASA1, s. 3506 Section 3506. 767.29 (1) of the statutes is renumbered 767.29 (1) (a) and amended to read:

AB100-ASA1,1843,8 767.29 (1) (a) All orders or judgments providing for temporary or permanent maintenance, child support or family support payments shall direct the payment of all such sums to the clerk of court, or support collection designee in a county that has designated a support collection designee under s. 59.07 (97m), department or its designee for the use of the person for whom the same has been awarded. A party securing an order for temporary maintenance, child support or family support payments shall forthwith file the order, together with all pleadings in the action, with the clerk of court or support collection designee.

AB100-ASA1,1843,19 (c) Except as provided in sub. (1m), the clerk or support collection department or its designee shall disburse the money so received under the judgment or order within 15 days in the manner required by federal regulations and take receipts therefor, unless the clerk or support collection department or its designee is unable to disburse the moneys because they were paid by check or other draft drawn upon an account containing insufficient funds. All moneys received or disbursed under this section shall be entered in a record kept by the clerk or support collection department or its designee, whichever is appropriate, which shall be open to inspection by the department for the administration of the child and spousal support and establishment of paternity program under s. 49.22, the parties to the action and, their attorneys, and the family court commissioner.

AB100-ASA1,1844,8 (e) If the maintenance, child support or family support payments adjudged or ordered to be paid shall are not be paid to the clerk or support collection department or its designee at the time provided in the judgment or order, the clerk or support collection designee county child support agency under s. 59.53 (5) or the family court commissioner of the county shall take such proceedings as he or she considers advisable to secure the payment of the sum including enforcement by contempt proceedings under ch. 785 or by other means. Copies of any order issued to compel the payment shall be mailed to counsel who represented each party when the maintenance, child support or family support payments were awarded. In case any fees of officers in any of the proceedings, including the compensation of the family court commissioner at the rate of $50 per day unless the commissioner is on a salaried basis, is not collected from the person proceeded against, the fees shall be paid out of the county treasury upon the order of the presiding judge and the certificate of the clerk of court or support collection designee department.

AB100-ASA1, s. 3507 Section 3507. 767.29 (1) (b) of the statutes is created to read:

AB100-ASA1,1844,15 767.29 (1) (b) Upon request, after the filing of an order or judgment or the receipt of an interim disbursement order, the clerk of court shall advise the county child support agency under s. 59.53 (5) of the terms of the order or judgment within 2 business days after the filing or receipt. The county child support agency shall, within the time required by federal law, enter the terms of the order or judgment into the statewide support data system, as required by s. 59.53 (5) (b).

AB100-ASA1, s. 3508 Section 3508. 767.29 (1) (d) of the statutes is created to read: