SB40-CSA1,1426,168
645.09
(2) (b)
Final study. The commissioner may include in his or her annual
9report, not later than the 2nd annual report following discharge of the receiver, a
10detailed study of the delinquency proceeding for each insurer subjected to a formal
11proceeding, with an analysis of the problems faced and their solutions. The
12commissioner may also suggest alternative solutions, as well as other material of
13interest, for the purpose of assisting and guiding liquidators or rehabilitators in the
14future. For this purpose the commissioner may appoint a special assistant qualified
15to conduct the study and prepare the analysis, and may determine his or her
16compensation, which shall be paid from the appropriation under s. 20.145 (1) (g)
1.
SB40-CSA1,1426,2418
645.46
(4) Defray all expenses of taking possession of, conserving, conducting,
19liquidating, disposing of
, or otherwise dealing with the business and property of the
20insurer. If the property of the insurer does not contain sufficient cash or liquid assets
21to defray the costs incurred, the liquidator may advance the costs so incurred out of
22the appropriation under s. 20.145 (1) (g)
1. Any amounts so paid shall be deemed
23expense of administration and shall be repaid for the credit of the office of the
24commissioner of insurance out of the first available moneys of the insurer.
SB40-CSA1,1427,4
1647.02
(2) (g) The figure to be used by the provider as the actual or projected
2length of a resident's stay in the facility in the formula in the contract provision
3required under s. 647.05
(9) (1m) (i) and supporting information showing how the
4figure was determined.
SB40-CSA1,1427,106
647.04
(5) Inform the commissioner of any change in the figure used by the
7provider as the actual or projected length of a resident's stay in the facility in the
8formula in the contract provision required under s. 647.05
(9) (1m) (i) within 30 days
9after the change is made and submit supporting information showing how the
10change was determined.
SB40-CSA1, s. 3700
11Section
3700. 647.05 of the statutes is renumbered 647.05 (1m), and 647.05
12(1m) (g), as renumbered, is amended to read:
SB40-CSA1,1427,1613
647.05
(1m) (g) Provides that if a resident dies or the continuing care contract
14is terminated after the first 30 days of occupancy, but within the first 90 days of
15occupancy, the provider will refund at least 90% of the amount computed under
sub.
16(6) par. (f).
SB40-CSA1,1427,2018
647.05
(2m) Subject to s. 49.455, a continuing care contract may require that,
19before a resident applies for medical assistance, the resident must spend on his or
20her care the resources declared for purposes of admission to the facility.
SB40-CSA1,1428,222
655.26
(2) By the 15th day of each month, the board of governors shall report
23the information specified in sub. (1) to the medical examining board for each claim
24paid by the fund
or from the appropriation under s. 20.145 (2) (a) during the previous
1month for damages arising out of the rendering of health care services by a health
2care provider or an employee of a health care provider.
SB40-CSA1,1428,174
655.27
(2) Fund administration and operation. Management of the fund shall
5be vested with the board of governors. The commissioner shall either provide staff
6services necessary for the operation of the fund or, with the approval of the board of
7governors, contract for all or part of these services. Such a contract is subject to ss.
816.753 and 16.765, but is otherwise exempt from subch. IV of ch. 16. The
9commissioner shall adopt rules governing the procedures for creating and
10implementing these contracts before entering into the contracts. At least annually,
11the contractor shall report to the commissioner and to the board of governors
12regarding all expenses incurred and subcontracting arrangements. If the board of
13governors approves, the contractor may hire legal counsel as needed to provide staff
14services. The cost of contracting for staff services shall be funded from the
15appropriation under s. 20.145 (2) (u).
The fund shall pay to the commissioner
16amounts charged for organizational support services, which shall be credited to the
17appropriation account under s. 20.145 (1) (g) 2.
SB40-CSA1,1428,2019
655.27
(3) (a) 5. The supplemental appropriation under s. 20.145 (2) (a) for
20payment of claims.
SB40-CSA1,1429,622
655.27
(3) (am)
Assessments for peer review council. The fund, a mandatory
23health care liability risk-sharing plan established under s. 619.04, and a private
24health care liability insurer shall be assessed, as appropriate, fees sufficient to cover
25the costs of the injured patients and families compensation fund peer review council,
1including costs of administration, for reviewing claims paid by the fund
, or from the
2appropriation under s. 20.145 (2) (a), by the plan, and
by the insurer, respectively,
3under s. 655.275 (5). The fees shall be set by the commissioner by rule, after approval
4by the board of governors, and shall be collected by the commissioner for deposit in
5the fund. The costs of the injured patients and families compensation fund peer
6review council shall be funded from the appropriation under s. 20.145 (2) (um).
SB40-CSA1,1429,108
655.27
(4) (a) Moneys shall be withdrawn from the fund
, or paid from the
9appropriation under s. 20.145 (2) (a), by the commissioner only upon vouchers
10approved and authorized by the board of governors.
SB40-CSA1,1429,1612
655.27
(5) (e) Claims filed against the fund shall be paid in the order received
13within 90 days after filing unless appealed by the fund. If the amounts in the fund
14are not sufficient to pay all of the claims, claims received after the funds are
15exhausted shall be
immediately payable the following year in the order in which they
16were received paid from the appropriation under s. 20.145 (2) (a).
SB40-CSA1, s. 3702L
17Section 3702L. 655.275 (5) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,1429,2418
655.275
(5) (a) (intro.) The council shall review, within one year of the date of
19first payment on the claim, each claim that is paid by the fund
, or from the
20appropriation under s. 20.145 (2) (a), by a mandatory health care liability
21risk-sharing plan established under s. 619.04,
by a private health care liability
22insurer
, or
by a self-insurer for damages arising out of the rendering of medical care
23by a health care provider or an employee of the health care provider and shall make
24recommendations to all of the following:
SB40-CSA1, s. 3703
25Section
3703. 701.06 (5) (intro.) of the statutes is amended to read:
SB40-CSA1,1430,7
1701.06
(5) Claims for public support. (intro.) Notwithstanding any provision
2in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay
3for the public support of a beneficiary under s. 46.10
, 49.345, or 301.12 or the
4beneficiary is legally obligated to pay for the beneficiary's public support or that
5furnished the beneficiary's spouse or minor child under s. 46.10
, 49.345, or 301.12,
6upon application by the appropriate state department or county official, the court
7may:
SB40-CSA1,1430,119
703.02
(10) "Limited common
elements" mean those element" means a common
10elements element identified in a declaration or on a condominium plat as reserved
11for the exclusive use of one or more but less than all of the unit owners.
SB40-CSA1,1430,1713
703.38
(1) Except as otherwise provided in this section
and s. 30.1335, this
14chapter is applicable to all condominiums, whether established before or after
15August 1, 1978. However, with respect to condominiums existing on August 1, 1978,
16the declaration, bylaws or condominium plat need not be amended to comply with
17the requirements of this chapter.
SB40-CSA1,1430,2119
751.15
(1) The supreme court is requested to enter into a memorandum of
20understanding with the department of
workforce development children and families 21under s. 49.857.
SB40-CSA1,1431,723
751.15
(2) The supreme court is requested to promulgate rules that require
24each person who has a social security number, as a condition of membership in the
25state bar, to provide the board of bar examiners with his or her social security
1number, that require each person who does not have a social security number, as a
2condition of membership in the state bar, to provide the board of bar examiners with
3a statement made or subscribed under oath or affirmation on a form prescribed by
4the department of
workforce development children and families that the person does
5not have a social security number, and that prohibit the disclosure of that number
6to any person except the department of
workforce development children and families 7for the purpose of administering s. 49.22.
SB40-CSA1,1431,219
751.15
(3) The supreme court is requested to promulgate rules that deny,
10suspend, restrict or refuse to renew a license to practice law if the applicant or
11licensee fails to provide the information required under rules promulgated under
12sub. (2) or fails to comply, after appropriate notice, with a subpoena or warrant issued
13by the department of
workforce development children and families or a county child
14support agency under s. 59.53 (5) and related to paternity or child support
15proceedings or if the department of
workforce development children and families 16certifies that the applicant or licensee has failed to pay court-ordered payments of
17child or family support, maintenance, birth expenses, medical expenses or other
18expenses related to the support of a child or former spouse. The supreme court is also
19requested to promulgate rules that invalidate a license to practice law if issued in
20reliance upon a statement made or subscribed under oath or affirmation under rules
21promulgated under sub. (2) that is false.
SB40-CSA1,1431,2423
753.06
(2) (a) Kenosha County. The circuit has 7 branches.
Commencing
24August 1, 2009, the circuit has 8 branches.
SB40-CSA1,1432,2
1753.06
(6) (e) Juneau County. The circuit has one branch.
Commencing August
21, 2008, the circuit has 2 branches.
SB40-CSA1,1432,74
757.83
(4) Staff. The judicial commission shall hire an executive director, and
5may hire one staff member, in the unclassified service. The executive director shall
6be a member of the State Bar of Wisconsin and shall provide staff services to the
7judicial commission
and the judicial council.
SB40-CSA1,1432,109
758.13
(1) (a) 7. The
revisor of statutes or an assistant designated by the revisor 10chief of the legislative reference bureau or his or her designee.
SB40-CSA1,1432,1712
758.13
(1) (b) The names of the judicial council members shall be certified to
13the secretary of state by the
executive secretary of the judicial commission judicial
14council attorney. Members shall hold office until their successors have been selected.
15Members shall receive no compensation, but shall be reimbursed from the
16appropriation made by s.
20.665 (1) 20.670 (1) for expenses necessarily incurred by
17members in attending council meetings.
SB40-CSA1,1432,1919
758.13
(3) (g) 1. In this paragraph:
SB40-CSA1,1432,2020
a. "Candidate" has the meaning given in s. 11.01 (1).
SB40-CSA1,1432,2121
b. "Contribution" has the meaning given in s. 11.01 (6).
SB40-CSA1,1432,2222
c. "Local office" has the meaning given in s. 5.02 (9).
SB40-CSA1,1432,2323
d. "State office" has the meaning give in s. 5.02 (23).
SB40-CSA1,1433,324
2. The judicial council may appoint outside of the classified service an attorney,
25who is a member in good standing of the State Bar of Wisconsin, who shall be strictly
1nonpartisan, and who shall not make a contribution to a candidate for state office or
2local office while employed by the judicial council, to provide staff services to the
3council.
SB40-CSA1,1433,95
758.19
(4m) The director of state courts may establish and charge fees for
6electronic filing of court documents under the circuit court automated information
7systems created under this section. The secretary of administration shall credit all
8moneys collected under this subsection to the appropriation account under s. 20.680
9(2) (j).
SB40-CSA1, s. 3709g
10Section 3709g. 758.19 (5) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,1433,1211
758.19
(5) (a) (intro.) In this subsection, "
circuit court costs" means one or more
12of the following costs:
SB40-CSA1,1433,2014
758.19
(5) (a) 3. Witness fees set under s. 814.67 (1) (b) 1. and (c) for witnesses
15called by the
circuit court on its own motion or called by, or subpoenaed at the request
16of, a district attorney, the state public defender or a private attorney appointed under
17s. 977.08. Nothing in this subdivision affects the determination of who is obligated
18to pay for fees set under s. 814.67 (1) (b) 1. and (c) for witnesses called by, or
19subpoenaed at the request of the state public defender or a private attorney
20appointed under s. 977.08.
SB40-CSA1,1434,322
758.19
(5) (a) 4m. Fees for expert witnesses appointed under s. 907.06 by the
23circuit court on its own motion or by the
circuit court at the request of the district
24attorney, the state public defender or a private attorney appointed under s. 977.08
25or by the
circuit court upon agreement of the district attorney, the state public
1defender or a private attorney appointed under s. 977.08. Nothing in this subdivision
2affects the determination of who is obligated to pay fees for an expert witness
3appointed under s. 907.06.
SB40-CSA1,1434,75
758.19
(5) (a) 5. Fees for witnesses or expert witnesses subpoenaed by the
6circuit court at the request of the district attorney, coroner or medical examiner
7under s. 979.06 (1) and (2).
SB40-CSA1,1434,119
758.19
(5) (a) 8. Any other
circuit court costs, except costs related to courtroom
10security, including security personnel, and costs related to rent, utilities,
11maintenance, rehabilitation and construction of
circuit court facilities.
SB40-CSA1,1434,1813
758.19
(5) (am) The director of state courts may create a uniform chart of
14accounts that each county shall be required to use for the recording of all financial
15transactions relating to the operation of circuit courts and may audit the information
16submitted under par. (e). If the director of state courts decides to create a uniform
17chart of accounts, he or she shall consult with the department of revenue regarding
18the creation of that chart.
SB40-CSA1,1435,220
758.19
(5) (e) No later than
July 1, 1994, and no later than July 1 May 15, 2009,
21and no later than May 15 of each year thereafter, each county shall submit to the
22director of state courts, in a format that is established by the director of state courts,
23and in a manner that comports with the uniform chart of accounts under par. (am), 24information regarding the amount of actual
circuit court costs that the county
25incurred in the previous calendar year
for each of the court costs listed in par. (a) 1.
1to 8 and revenues collected or received by the circuit court in the previous calendar
2year.
SB40-CSA1,1435,94
758.19
(5) (f) A county that fails to meet the requirements under par. (e) is not
5eligible for a payment under par. (b) for one
fiscal year
, as defined in s. 237.01 (3),
6after the
July 1 May 15 that the information was not provided, or until the
7information is provided, whichever is earlier. Except as provided in this paragraph
8and par. (g), the information regarding the amount of actual costs reported under par.
9(e) does not affect the amount paid to a county under par. (b).
SB40-CSA1,1435,2411
758.19
(5) (g) Beginning with the submittal of information under par. (e) on
12July 1, 1995, if the director of state courts determines, based on the information
13submitted under par. (e), that the payment made to a county under par. (b) for any
14calendar year exceeds the
circuit court costs incurred by the county for that calendar
15year, the director of state courts shall deduct the difference from the next payment
16under par. (b) made to that county after the director's determination. The difference
17shall be apportioned as provided in par. (c) among the other counties for payment
18under par. (b) to the other counties on that payment date. For purposes of this
19paragraph, the director of state courts shall treat the period beginning on August 13,
201993, and ending on December 31, 1994, as a calendar year and determine from the
21information submitted under par. (e) on July 1, 1994, and July 1, 1995, whether the
22payment to a county under par. (b) on January 1, 1994, exceeds the
circuit court costs
23incurred by the county for the period beginning on August 13, 1993, and ending on
24December 31, 1994.
SB40-CSA1,1436,2
1767.001
(1d) "Department" means the department of
workforce development 2children and families.
SB40-CSA1,1436,64
767.001
(2) (b) With respect to the department
of health and family services 5or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted
6legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).
SB40-CSA1,1436,108
767.205
(2) (a) 3. Whenever aid under s.
46.261, 48.57 (3m) or (3n),
48.645, 949.19
, or 49.45 is provided on behalf of a dependent child or benefits are provided to
10the child's custodial parent under ss. 49.141 to 49.161.
SB40-CSA1,1436,1612
767.205
(2) (a) 4. Whenever aid under s.
46.261, 48.57 (3m) or (3n),
48.645, 1349.19
, or 49.45 has, in the past, been provided on behalf of a dependent child, or
14benefits have, in the past, been provided to the child's custodial parent under ss.
1549.141 to 49.161, and the child's family is eligible for continuing child support
16services under
45 CFR 302.33.
SB40-CSA1,1436,2518
767.217
(1) Notice of pleading or motion. In an action affecting the family in
19which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under
20s.
46.261, 48.645, 49.19, or 49.45, each party shall, either within 20 days after serving
21the opposite party with a motion or pleading requesting the court to order or to
22modify a previous order relating to child support, maintenance, or family support,
23or before filing the motion or pleading in court, serve a copy of the motion or pleading
24on the county child support agency under s. 59.53 (5) of the county in which the action
25is begun.
SB40-CSA1,1437,62
767.407
(1) (c) 1. Aid is provided under s.
46.261, 48.57 (3m) or (3n),
48.645, 349.19, or 49.45 on behalf of the child, or benefits are provided to the child's custodial
4parent under ss. 49.141 to 49.161, but the state and its delegate under s. 49.22 (7)
5are barred by a statute of limitations from commencing an action under s. 767.80 on
6behalf of the child.
SB40-CSA1,1437,208
767.41
(3) (a) If the interest of any child demands it, and if the court finds that
9neither parent is able to care for the child adequately or that neither parent is fit and
10proper to have the care and custody of the child, the court may declare the child to
11be in need of protection or services and transfer legal custody of the child to a relative
12of the child, as defined in s. 48.02 (15), to a county department, as defined under s.
1348.02 (2g),
or to a licensed child welfare agency
, or, in a county having a population
14of 500,000 or more, the department of health and family services. If the court
15transfers legal custody of a child under this subsection, in its order the court shall
16notify the parents of any applicable grounds for termination of parental rights under
17s. 48.415.
If the court transfers legal custody under this section to an agency, the
18court shall also refer the matter to the court intake worker, as defined in s. 48.02 (3),
19who shall conduct an inquiry under s. 48.24 to determine whether a petition should
20be filed under s. 48.13.
SB40-CSA1, s. 3727
21Section
3727
. 767.41 (3) (a) of the statutes, as affected by 2007 Wisconsin Act
22.... (this act), is amended to read: