Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,442,17 2. Accept for enrollment under such coverage any eligible individual who applies for enrollment during the period in which the individual first becomes eligible to enroll under the terms of the group health benefit plan.

AB100-ASA1-AA1,442,19 3. Place no restriction on an eligible individual under par. (b) that is inconsistent with s. 632.746 or 632.748.

AB100-ASA1-AA1,442,22 (b) For purposes of this section, whether an individual is an "eligible individual" in relation to a small employer shall be determined in accordance with all of the following:

AB100-ASA1-AA1,442,24 1. The terms of the group health benefit plan under which the individual is applying for enrollment.

AB100-ASA1-AA1,443,3 2. Rules of the small employer insurer offering the group health benefit plan under which the individual is applying for enrollment, which rules must apply uniformly in this state to small employers in the small group market.

AB100-ASA1-AA1,443,5 3. All state laws that apply to small employer insurers and the small group market.

AB100-ASA1-AA1,443,7 (2) (a) A small employer insurer that offers a group health benefit plan in the small group market through a network plan may do any of the following:

AB100-ASA1-AA1,443,9 1. Limit the small employers that may apply for such coverage to those with eligible individuals who reside, live or work in the service area of the network plan.

AB100-ASA1-AA1,443,12 2. Within the service area of the network plan, deny such coverage to small employers if the small employer insurer demonstrates to the commissioner all of the following:

AB100-ASA1-AA1,443,15 a. That the insurer does not have the capacity to deliver services adequately to enrollees of any additional groups because of its obligations to existing group contract holders and enrollees.

AB100-ASA1-AA1,443,19 b. That the insurer is applying this subdivision uniformly to all small employers without regard to the claims experience of those small employers or their employes or employes' dependents or any other health status-related factor of those employes or their dependents.

AB100-ASA1-AA1,443,22 (b) A small employer insurer that denies coverage under par. (a) 2. in any service area may not offer coverage in the small group market in that service area for 180 days after the date on which the coverage was denied.

AB100-ASA1-AA1,444,2 (3) (a) A small employer insurer that offers a group health benefit plan in the small group market may deny small employers coverage under such a plan in the small group market if the small employer insurer demonstrates to the commissioner all of the following:

AB100-ASA1-AA1,444,4 1. That the insurer does not have the financial reserves necessary to underwrite additional coverage.

AB100-ASA1-AA1,444,9 2. That the insurer is applying this paragraph uniformly to all small employers in the small group market in the state in accordance with applicable state law and without regard to the claims experience of those small employers or their employes or employes' dependents or any other health status-related factor of those employes or their dependents.

AB100-ASA1-AA1,444,14 (b) A small employer insurer that denies coverage under par. (a) may not offer a group health benefit plan in the small group market in the state for 180 days after the date on which the coverage was denied or until the insurer demonstrates to the commissioner that the insurer has sufficient financial reserves to underwrite additional coverage, whichever is later.

AB100-ASA1-AA1,444,17 (4) Subsection (1) shall not be construed to preclude a small employer insurer from establishing, for the offering of a group health benefit plan in the small group market, any of the following:

AB100-ASA1-AA1,444,20 (a) Rules or requirements relating to the minimum level or amount of small employer contribution toward the premium for the enrollment of participants and beneficiaries.

AB100-ASA1-AA1,444,23 (b) Rules or requirements relating to the minimum number or percentage of participants or beneficiaries that must be enrolled in relation to a specified number or percentage of eligible individuals or employes of a small employer.

AB100-ASA1-AA1,444,25 (5) Subsection (1) does not apply to a group health benefit plan offered by a small employer insurer in the small group market if all of the following apply:

AB100-ASA1-AA1,445,2 (a) The group health benefit plan is offered in the small group market only through one or more bona fide associations.

AB100-ASA1-AA1,445,6 (b) The small employer insurer offering the group health benefit plan makes the coverage available to all members of a bona fide association regardless of any health status-related factors of the members or individuals eligible for coverage through the members.

AB100-ASA1-AA1,445,9 (c) The small employer insurer offering the group health benefit plan complies with any rules of the commissioner that are reasonably designed to prevent the use of an association for risk segmentation.

AB100-ASA1-AA1,445,12 (6) The commissioner may by rule permit an exception to sub. (1) with respect to a small employer for which coverage is nonrenewed or discontinued for a reason specified under s. 632.749 (2) (a) or (b).

AB100-ASA1-AA1, s. 4937m Section 4937m. Subchapter II of chapter 635 [precedes 635.20] of the statutes, as affected by 1995 Wisconsin Act 289, is repealed.".

AB100-ASA1-AA1,445,15 1215. Page 1831, line 10: after that line insert:

AB100-ASA1-AA1,445,16 " Section 4946d. 706.13 (1) of the statutes is amended to read:

AB100-ASA1-AA1,446,2 706.13 (1) In addition to any criminal penalty or civil remedy provided by law, any person who submits for filing, entering in the judgment and lien docket or recording, any lien, claim of lien, lis pendens, writ of attachment , financing statement or any other instrument relating to a security interest in or the title in to real or personal property, knowing and who knows or should have known that the contents or any part of the contents to be of the instrument are false, a sham or frivolous, is liable in tort to any person interested in the property whose title is thereby impaired, for punitive damages of $1,000 plus any actual damages caused by the filing, entering or recording.".

AB100-ASA1-AA1,446,3 1216. Page 1831, line 12: after that line insert:

AB100-ASA1-AA1,446,4 " Section 4948m. 753.06 (8) (e) of the statutes is amended to read:

AB100-ASA1-AA1,446,6 753.06 (8) (e) Oconto county. The circuit has one branch. Commencing August 1, 1998, the circuit has 2 branches.".

AB100-ASA1-AA1,446,7 1217. Page 1831, line 12: after that line insert:

AB100-ASA1-AA1,446,8 " Section 4951g. 757.48 (1) (b) of the statutes is amended to read:

AB100-ASA1-AA1,447,2 757.48 (1) (b) The guardian ad litem shall be allowed reasonable compensation for his or her services such as is customarily charged by attorneys in this state for comparable services. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b). When a court appoints a guardian ad litem for a person with a developmental disability, the court shall require the guardian ad litem, as a condition of accepting the appointment, to submit a written detailed statement of the services he or she plans to provide for the developmentally disabled person. In addition, as a condition of receipt of compensation from a county, a guardian ad litem shall provide an accounting of the services he or she did provide to the developmentally disabled person on a form that the circuit court develops and provides to the guardian ad litem. If a court-appointed guardian ad litem is required to submit an accounting of the services he or she provided to a person with a development disability, the guardian of that person with a development disability shall have the right to review and comment to the court on the accounting statement before the court approves the payment of compensation to the guardian ad litem. If the attorney of record is also the guardian ad litem, the attorney shall be entitled only to attorney fees and shall receive no compensation for services as guardian ad litem.".

AB100-ASA1-AA1,447,4 1218. Page 1832, line 15: delete that line and substitute "48.57 (3m) (b) 2. or, 49.145 (2) (s), 49.19 (4) (h) 1. b. or 49.775 (2) (bm) if all of the following apply:".

AB100-ASA1-AA1,447,5 1219. Page 1878, line 5: after that line insert:

AB100-ASA1-AA1,447,6 " Section 5165b. 799.24 (1) of the statutes is amended to read:

AB100-ASA1-AA1,447,14 799.24 (1) Entry of judgment or order; notice of entry thereof. When a judgment or an order is rendered, the judge, court commissioner or clerk of circuit court shall immediately enter it in the court record and note the date thereof which shall be the date of entry of judgment or order. The clerk of circuit court, except in municipal and county forfeiture actions, shall mail a notice of entry of judgment to the parties or their attorneys at their last-known address within 5 days of its entry. Upon payment of the exact amount of the fee prescribed in s. 814.62 (3) (c), the clerk of circuit court shall enter the judgment in the judgment and lien docket.".

AB100-ASA1-AA1,447,15 1220. Page 1878, line 5: after that line insert:

AB100-ASA1-AA1,447,17 " Section 5165c. Subchapter IX (title) of chapter 779 [precedes 779.80] of the statutes is amended to read:

AB100-ASA1-AA1,447,18 CHAPTER 779

AB100-ASA1-AA1,447,21 SUBCHAPTER IX HOSPITAL Health care provider LIENS

AB100-ASA1-AA1, s. 5165e Section 5165e. 779.80 (title) of the statutes is amended to read:

AB100-ASA1-AA1,447,23 779.80 (title) Hospital Health care provider liens.

AB100-ASA1-AA1, s. 5165g Section 5165g. 779.80 (1) of the statutes is renumbered 779.80 (1m) and amended to read:

AB100-ASA1-AA1,448,7 779.80 (1m) Every corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state shall have health care provider has a lien for services rendered, by way of treatment, care or maintenance, to any person who has sustained personal injuries as a result of the negligence, wrongful act or any tort of any other person.

AB100-ASA1-AA1, s. 5165i Section 5165i. 779.80 (1b) of the statutes is created to read:

AB100-ASA1-AA1,448,9 779.80 (1b) In this section, "health care provider" means all of the following:

AB100-ASA1-AA1,448,11 (a) A corporation, association or other organization operating as a charitable institution and maintaining a hospital in this state.

AB100-ASA1-AA1,448,12 (b) A chiropractor licensed under ch. 446.

AB100-ASA1-AA1, s. 5165k Section 5165k. 779.80 (2) of the statutes is amended to read:

AB100-ASA1-AA1,448,19 779.80 (2) Such lien shall attach to any and The lien under this section attaches to all rights of action, suits, claims, demands and upon any judgment, award or determination, and upon the proceeds of any settlement which such the injured person, or legal representatives might have against any such other person for damages on account of such the injuries, for the amount of the reasonable and necessary charges of such hospital the health care provider.

AB100-ASA1-AA1, s. 5165m Section 5165m. 779.80 (3) (intro.) of the statutes is renumbered 779.80 (3) (ae) and amended to read:

AB100-ASA1-AA1,449,10 779.80 (3) (ae) No such lien shall be A lien under this section is not effective unless the health care provider files a written notice containing under this paragraph. The notice shall contain the name and address of the injured person, the date and location of the event causing such the injuries, the name and location address of the hospital health care provider, and if ascertainable by reasonable diligence, the names and addresses of the persons alleged to be liable for damages sustained by such the injured person ,. The notice shall be filed in the office of the clerk of circuit court in the county in which such the injuries have occurred, or in the county in which such hospital the health care provider is located, or in the county in which suit for recovery of such damages is pending,. The notice shall be filed prior to the payment of any moneys to such the injured person or legal representatives, but in no event later than 60 days after discharge of such injured person from the hospital the date that the health care provider last provided services to the injured person for the injuries.

AB100-ASA1-AA1, s. 5165o Section 5165o. 779.80 (3) (a) of the statutes is renumbered 779.80 (3) (am) and amended to read:

AB100-ASA1-AA1,449,17 779.80 (3) (am) The clerk of circuit court shall enter all hospital liens created under this section in the judgment and lien docket, including the name of the injured person, the date of the event causing the injury and the name of the hospital or other institution health care provider making the claim. The clerk of circuit court shall receive the fee prescribed in s. 814.61 (5) for entering each lien.

AB100-ASA1-AA1, s. 5165q Section 5165q. 779.80 (3) (b) and (c) of the statutes are amended to read:

AB100-ASA1-AA1,450,2 779.80 (3) (b) Within 10 days after filing of the notice of lien under par. (ae), the hospital health care provider shall send by certified mail or registered mail or serve personally a copy of such the notice with the date of filing thereof to or upon the injured person and the person alleged to be liable for damages sustained by such the injured person, if ascertained by reasonable diligence. If such hospital the health care provider fails to give notice if the name and address of the person injured or the person allegedly liable for the injury are known or should be known, the lien shall be is void.

AB100-ASA1-AA1,450,6 (c) The hospital health care provider shall also serve a copy of such the notice under par. (ae), as provided in par. (b), to any insurer which that has insured such the person alleged to be liable for the injury against such liability, if the name and address may be ascertained by reasonable diligence.

AB100-ASA1-AA1, s. 5165s Section 5165s. 779.80 (4) of the statutes is amended to read:

AB100-ASA1-AA1,450,13 779.80 (4) After filing and service of the notice of lien, no release of any judgment, claim or demand by the injured person shall be is valid as against such the lien under this section, and the person making any payment to such the injured person or legal representatives as compensation for the injuries sustained shall, for a period of one year from after the date of such the payment, remain liable to the hospital health care provider for the amount of such the lien.

AB100-ASA1-AA1, s. 5165u Section 5165u. 779.80 (5) of the statutes is amended to read:

AB100-ASA1-AA1,450,22 779.80 (5) Such lien shall The lien under this section does not in any way prejudice or interfere with any lien or contract which that may be made by such the injured person or legal representatives with any attorney or attorneys for legal services rendered with respect to the claim of the injured person or legal representatives against the person alleged to be liable for such the injury. Said lien shall also be subservient to actual Actual taxable court costs, and actual disbursements made by the attorney in prosecuting the court action have priority over the lien under this section.

AB100-ASA1-AA1, s. 5165x Section 5165x. 779.80 (6) of the statutes is amended to read:

AB100-ASA1-AA1,451,3 779.80 (6) No hospital is A health care provider is not entitled to any lien under this section if the person injured is eligible for compensation under ch. 102 or any other worker's compensation act.".

AB100-ASA1-AA1,451,4 1221. Page 1882, line 9: after that line insert:

AB100-ASA1-AA1,451,5 " Section 5175g. 806.10 (1) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,451,10 806.10 (1) (intro.) At the time of entry of a judgment directing in whole or in part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b), the clerk of circuit court shall enter the judgment in the judgment and lien docket, arranged alphabetically, including all of the following:

AB100-ASA1-AA1, s. 5175m Section 5175m. 806.10 (3) of the statutes is amended to read:

AB100-ASA1-AA1,451,15 806.10 (3) Every clerk of circuit court who enters a judgment or decree and enters upon the judgment and lien docket a date or time other than that of its actual entry or neglects to enter the same at the proper time shall be liable in treble damages to the party injured.".

AB100-ASA1-AA1,451,16 1222. Page 1884, line 21: after that line insert:

AB100-ASA1-AA1,451,17 " Section 5194m. 814.65 (1) of the statutes is amended to read:

AB100-ASA1-AA1,452,2 814.65 (1) Court costs. In a municipal court action, except an action for violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 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 $15 fee received by the judge under this subsection, the municipal treasurer shall pay monthly one-third $5 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.".

AB100-ASA1-AA1,452,3 1223. Page 1886, line 5: after that line insert:

AB100-ASA1-AA1,452,5 " Section 5200f. 846.04 of the statutes is renumbered 846.04 (1) and amended to read:

AB100-ASA1-AA1,452,13 846.04 (1) The plaintiff may, in the complaint, demand judgment for any deficiency that may remain due the plaintiff after sale of the mortgaged premises against every party who is personally liable for the debt secured by the mortgage. Judgment may be rendered for any deficiency remaining after applying the proceeds of sale to the amount due. The judgment for deficiency shall be ordered in the original judgment and separately rendered against the party liable on or after the confirmation of sale. The judgment for deficiency shall be entered in the judgment and lien docket and, except as provided in subs. (2) and (3), enforced as in other cases.

AB100-ASA1-AA1, s. 5200g Section 5200g. 846.04 (2) of the statutes is created to read:

AB100-ASA1-AA1,452,19 846.04 (2) Except as provided in sub. (3), if a mortgage foreclosure deficiency judgment is entered on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 10 years after the date on which the mortgage foreclosure deficiency judgment is entered or be barred.

AB100-ASA1-AA1, s. 5200h Section 5200h. 846.04 (3) of the statutes is created to read:

AB100-ASA1-AA1,453,5 846.04 (3) If a mortgage foreclosure deficiency judgment was entered before January 1, 1989, on property devoted primarily to agricultural use, as defined in s. 91.01 (5), an action on the deficiency judgment shall be commenced within 2 years after the effective date of this subsection .... [revisor inserts date], or be barred. Not later than 60 days prior to 2 years after the effective date of this subsection.... [revisor inserts date], the clerk of each circuit court in which a mortgage foreclosure deficiency judgment on property devoted primarily to agricultural use, as defined in s. 91.01 (5), was entered before January 1, 1989, and remains unsatisfied, shall do all of the following:

AB100-ASA1-AA1,453,11 (a) Publish a notice as a class 1 notice under ch. 985, in the official newspaper of the county where the mortgage foreclosure deficiency judgment was entered, stating that the party holding the mortgage foreclosure deficiency judgment is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.

AB100-ASA1-AA1,453,16 (b) Notify by certified mail the primary plaintiff in the action for the mortgage foreclosure deficiency judgment that the plaintiff is required to commence an action on the deficiency judgment prior to 2 years after the effective date of this paragraph .... [revisor inserts date], or be barred from any further action on that deficiency judgment.".

AB100-ASA1-AA1,453,17 1224. Page 1890, line 17: after that line insert:

AB100-ASA1-AA1,453,18 " Section 5217g. 893.40 of the statutes is amended to read:

AB100-ASA1-AA1,453,22 893.40 Action on judgment or decree; court of record. An Except as provided in s. 846.04 (2) and (3), action upon a judgment or decree of a court of record of any state or of the United States shall be commenced within 20 years after the judgment or decree is entered or be barred.".

AB100-ASA1-AA1,453,23 1225. Page 1893, line 3: after that line insert:

AB100-ASA1-AA1,453,24 " Section 5225m. 895.483 (1) of the statutes is amended to read:

AB100-ASA1-AA1,454,6 895.483 (1) A regional emergency response team, a member of such a team, and a local agency, as defined in s. 166.22 (1) (c), that contracts with the state emergency response board division of emergency management in the department of military affairs for the provision of a regional emergency response team, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 166.215 (1).".

AB100-ASA1-AA1,454,7 1226. Page 1893, line 10: after that line insert: