Amendment ASA1-AB40

AB40-ASA1, s. 3459m Section 3459m. 560.9809 of the statutes is renumbered 16.309.

AB40-ASA1, s. 3460m Section 3460m. 560.9810 of the statutes is renumbered 16.310.

AB40-ASA1, s. 3461m Section 3461m. 560.9811 of the statutes is renumbered 16.311, and 16.311 (2), as renumbered, is amended to read:

AB40-ASA1,1366,14 16.311 (2) From the appropriation under s. 20.143 (2) 20.505 (7) (fr), the department may not award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with serious and persistent mental illness. Entities that receive funds awarded by the department under this subsection shall provide the mental health services required under 42 USC 290cc-24. The amount that the department awards to an applying entity may not exceed 50% of the amount of matching funds required under 42 USC 290cc-23.

AB40-ASA1, s. 3462m Section 3462m. 560.9815 of the statutes is renumbered 16.315.

AB40-ASA1, s. 3463 Section 3463. 563.03 (1) of the statutes is amended to read:

AB40-ASA1,1366,17 563.03 (1) "Adult family home" has the meaning given in s. 50.01 (1) (a) or (b).

AB40-ASA1, s. 3464 Section 3464. 563.05 (3) of the statutes is amended to read:

AB40-ASA1,1366,22 563.05 (3) The department may promulgate rules specifying the number of business days within which the department must review and make a determination on an application for a permit, as defined in s. 560.41 (2) 227.116 (1g), that is issued under this chapter.

AB40-ASA1, s. 3465 Section 3465. 565.01 (4d) of the statutes is amended to read:

AB40-ASA1,1366,25 565.01 (4d) "Minority business" means a business certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 3466 Section 3466. 565.01 (4e) of the statutes is amended to read:

AB40-ASA1,1367,3 565.01 (4e) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

AB40-ASA1, s. 3466r Section 3466r. 601.45 (3) of the statutes is amended to read:

AB40-ASA1,1367,10 601.45 (3) Deposit. The commissioner may require any examinee, before or from time to time during an examination, to deposit with the secretary of administration such deposits as the commissioner deems necessary to pay the costs of the examination. Any deposit and any payment made under subs. (1) and (2) shall be credited to the appropriation account under s. 20.145 (1) (g) 1. in the percentage specified in that subdivision.

AB40-ASA1, s. 3467 Section 3467. 601.93 (2) of the statutes is amended to read:

AB40-ASA1,1367,23 601.93 (2) Every insurer doing a fire insurance business in this state shall, before March 1 in each year, file with the commissioner a statement, showing the amount of premiums upon fire insurance due for the preceding calendar year. Return premiums may be deducted in determining the premium on which the fire department dues are computed. Payments of quarterly installments of the total estimated payment for the then current calendar year under this subsection are due on or before April 15, June 15, September 15 and December 15. On March 1 the insurer shall pay any additional amounts due for the preceding calendar year. Overpayments will be credited on the amount due April 15. The commissioner shall, prior to May 1 each year, report to the department of commerce safety and professional services the amount of dues paid under this subsection and to be paid under s. 101.573 (1).

AB40-ASA1, s. 3471 Section 3471. 610.70 (1) (a) of the statutes is amended to read:

AB40-ASA1,1368,4 610.70 (1) (a) "Health care provider" means any person licensed, registered, permitted or certified by the department of health services or the department of regulation and licensing safety and professional services to provide health care services, items or supplies in this state.

AB40-ASA1, s. 3471m Section 3471m. 611.11 (4) (a) of the statutes is amended to read:

AB40-ASA1,1368,7 611.11 (4) (a) In this subsection, "municipality" has the meaning given in s. 345.05 (1) (c), but also includes any transit authority created under s. 66.1039.

AB40-ASA1, s. 3472 Section 3472. 632.10 (1) of the statutes is amended to read:

AB40-ASA1,1368,12 632.10 (1) "Building and safety standards" means the requirements of chs. 101 and 145 and of any rule promulgated by the department of commerce safety and professional services under ch. 101 or 145, and standards of a 1st class city relating to the health and safety of occupants of buildings.

AB40-ASA1, s. 3472ac Section 3472ac. 632.797 (1) (d) of the statutes is created to read:

AB40-ASA1,1368,17 632.797 (1) (d) Except for charging a fee under par. (c), an insurer may not change the rating methodology between community rating and experience rating or otherwise penalize a policyholder or employer for requesting the information under par. (a).

AB40-ASA1, s. 3472b Section 3472b. 632.885 (1) (a) of the statutes is repealed.

AB40-ASA1, s. 3472c Section 3472c. 632.885 (1) (af) of the statutes is created to read:

AB40-ASA1,1368,21 632.885 (1) (af) "Eligible employer-sponsored plan" has the meaning given in 26 USC 5000A (f) (2).

AB40-ASA1, s. 3472d Section 3472d. 632.885 (1) (ar) of the statutes is created to read:

AB40-ASA1,1368,24 632.885 (1) (ar) "Grandfathered health plan" has the meaning given under section 1251 of the Patient Protection and Affordable Care Act (P.L. 111-148).

AB40-ASA1, s. 3472e Section 3472e. 632.885 (1) (at) of the statutes is created to read:

AB40-ASA1,1369,2 632.885 (1) (at) "Health insurance coverage" has the meaning given in 42 USC 300gg-91 (b) (1).

AB40-ASA1, s. 3472f Section 3472f. 632.885 (2) (a) (intro.) of the statutes is renumbered 632.885 (2) (a) and amended to read:

AB40-ASA1,1369,11 632.885 (2) (a) Subject to ss. 632.88 and 632.895 (5), and except as provided in pars. (b) and (c), every insurer that issues a disability insurance policy offers health insurance coverage that provides dependent coverage of children, and every self-insured health plan that provides dependent coverage of children, shall offer and, if so requested by an applicant or an insured, provide coverage for an adult any child of the an applicant or insured as a dependent of the applicant or insured if the child satisfies all of the following criteria: is under the age of 26.

AB40-ASA1, s. 3472g Section 3472g. 632.885 (2) (a) 1. of the statutes is repealed.

AB40-ASA1, s. 3472h Section 3472h. 632.885 (2) (a) 2. of the statutes is repealed.

AB40-ASA1, s. 3472i Section 3472i. 632.885 (2) (a) 3. of the statutes is repealed.

AB40-ASA1, s. 3472j Section 3472j. 632.885 (2) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,1369,18 632.885 (2) (b) (intro.) Notwithstanding par. (a) 1., the Except as provided in par. (c), the coverage requirement under this section applies to an adult child who satisfies all of the following criteria:

AB40-ASA1, s. 3472k Section 3472k. 632.885 (2) (b) 2. of the statutes is repealed.

AB40-ASA1, s. 3472L Section 3472L. 632.885 (2) (c) of the statutes is created to read:

AB40-ASA1,1370,2 632.885 (2) (c) For any policy year or plan year beginning before January 1, 2014, health insurance coverage or a self-insured health plan described in par. (a) that is a grandfathered health plan is required to provide dependent coverage for an adult child described in par. (a) or (b) only if the child is not eligible for coverage under an eligible employer-sponsored plan other than the health insurance coverage or self-insured health plan.

AB40-ASA1, s. 3472m Section 3472m. 632.885 (3) of the statutes is repealed.

AB40-ASA1, s. 3472n Section 3472n. 632.885 (3m) of the statutes is created to read:

AB40-ASA1,1370,6 632.885 (3m) Defining dependent; uniform terms. An insurer or self-insured health plan described in sub. (2) may not do any of the following:

AB40-ASA1,1370,9 (a) Define "dependent" for purposes of eligibility for dependent coverage of children other than in terms of the relationship between a child and an applicant or insured.

AB40-ASA1,1370,12 (b) Vary the terms of coverage under the health insurance coverage or self-insured health plan on the basis of age except for children 26 years of age or older.

AB40-ASA1, s. 3472p Section 3472p. 632.885 (4) of the statutes is repealed.

AB40-ASA1, s. 3474 Section 3474. 704.05 (5) (a) 2. of the statutes is amended to read:

AB40-ASA1,1371,3 704.05 (5) (a) 2. Give the tenant notice, personally or by ordinary mail addressed to the tenant's last-known address, of the landlord's intent to dispose of the personal property by sale or other appropriate means if the property is not repossessed by the tenant. If the tenant fails to repossess the property within 30 days after the date of personal service or the date of the mailing of the notice, the landlord may dispose of the property by private or public sale or any other appropriate means. The landlord may deduct from the proceeds of sale any costs of sale and any storage charges if the landlord has first stored the personalty under subd. 1. If the proceeds minus the costs of sale and minus any storage charges are not claimed within 60 days after the date of the sale of the personalty, the landlord is not accountable to the tenant for any of the proceeds of the sale or the value of the property. The landlord shall send the proceeds of the sale minus the costs of the sale and minus any storage charges to the department of administration for deposit in the appropriation under s. 20.143 (2) 20.505 (7) (h).

AB40-ASA1, s. 3474m Section 3474m. 704.35 of the statutes is repealed.

AB40-ASA1, s. 3475 Section 3475. 709.03 (form) C. 8. of the statutes is amended to read:

AB40-ASA1,1371,6 709.03 (form) - See PDF for table

AB40-ASA1, s. 3475g Section 3475g. 751.20 of the statutes is created to read:

AB40-ASA1,1371,11 751.20 Transfer authority. Notwithstanding s. 20.680 (2) (a) to (ke) and (4) (a) to (h), the supreme court may transfer money from the appropriations under 20.680 (2) (a) to (ke) and (4) (a) to (h) to the appropriation under s. 20.670 (1) (k) for the purposes of the judicial council under s. 758.13.

AB40-ASA1, s. 3477 Section 3477. 758.19 (8) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1372,2 758.19 (8) (a) (intro.) From the appropriation appropriations under s. 20.625 (1) (c) and (k), the director of state courts shall reimburse counties up to 4 times each year for the actual expenses paid for interpreters required by circuit courts to assist persons with limited English proficiency under s. 885.38 (8) (a) 1. The amount of the maximum hourly reimbursement for court interpreters shall be as follows:

AB40-ASA1, s. 3478 Section 3478. 767.215 (5) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,1372,6 767.215 (5) (a) (intro.) When Except as provided in par. (am), when the petition under this section is filed with the court, the party filing the petition shall submit a separate form, furnished by the court, containing all of the following:

AB40-ASA1, s. 3479 Section 3479. 767.215 (5) (a) 2. of the statutes is amended to read:

AB40-ASA1,1372,10 767.215 (5) (a) 2. The name, date of birth, and social security number of each minor child of the parties and of each child who was born to the wife during the marriage and who is a minor.

AB40-ASA1, s. 3480 Section 3480. 767.215 (5) (am) of the statutes is created to read:

AB40-ASA1,1372,14 767.215 (5) (am) In an action to determine the paternity of a child, the party who filed the petition shall submit the form under par. (a) within 5 days after paternity is adjudicated.

AB40-ASA1, s. 3481 Section 3481. 767.215 (5) (b) of the statutes is amended to read:

AB40-ASA1,1372,20 767.215 (5) (b) A form submitted under this subsection shall be maintained with the confidential information required under s. 767.54 767.127 or maintained separately from the case file. The form may be disclosed only to the parties and their attorneys, a county child support enforcement agency, and any other person authorized by law or court order to have access to the information on the form.

AB40-ASA1, s. 3482 Section 3482. 767.511 (6) (intro.) of the statutes is amended to read:

AB40-ASA1,1373,6 767.511 (6) Interest on arrearage. (intro.) A party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:

AB40-ASA1, s. 3484k Section 3484k. 799.01 (1) (c) of the statutes is amended to read:

AB40-ASA1,1373,9 799.01 (1) (c) Replevins. Actions for replevin under ss. 810.01 to 810.13 where the value of the property claimed does not exceed $5,000 $10,000.

AB40-ASA1, s. 3484m Section 3484m. 799.01 (1) (cr) of the statutes is created to read:

AB40-ASA1,1373,13 799.01 (1) (cr) Third-party complaints, personal injury claims, and tort claims. Third-party complaints, personal injury claims, and actions based in tort, where the amount claimed is $5,000 or less.

AB40-ASA1, s. 3484n Section 3484n. 799.01 (1) (d) (intro.) of the statutes is amended to read:

AB40-ASA1,1373,16 799.01 (1) (d) (intro.) Other civil actions where the amount claimed is $5,000 $10,000 or less, if the actions or proceedings are:

AB40-ASA1, s. 3484q Section 3484q. 799.01 (2) of the statutes is amended to read:

AB40-ASA1,1373,21 799.01 (2) Permissive use of small claims procedure. A taxing authority may use the procedure in this chapter in an action to recover a tax from a person liable for that tax where the amount claimed, including interest and penalties, is $5,000 $10,000 or less. This chapter is not the exclusive procedure for those actions.

AB40-ASA1, s. 3485 Section 3485. 801.50 (5) of the statutes is amended to read:

AB40-ASA1,1374,4 801.50 (5) Venue of an action for certiorari to review a probation, extended supervision, or parole revocation, a denial by the earned release review commission a program review committee under s. 302.1135 (5) 302.113 (9g) of a petition for modification of a bifurcated sentence, or a refusal of parole shall be the county in which the relator was last convicted of an offense for which the relator was on probation, extended supervision, or parole or for which the relator is currently incarcerated.

AB40-ASA1, s. 3486 Section 3486. 809.30 (1) (c) of the statutes is amended to read:

AB40-ASA1,1374,10 809.30 (1) (c) "Postconviction relief" means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under ss. 302.113 (7m), 302.1135 or (9g), 973.19, 973.195, 973.198, 974.06, or 974.07 (2). In a ch. 980 case, the term means an appeal or a motion for postcommitment relief under s. 980.038 (4).

AB40-ASA1, s. 3490g Section 3490g. 814.63 (3m) of the statutes is created to read:

AB40-ASA1,1374,17 814.63 (3m) (a) Except as provided in par. (d), if a defendant is required to appear in court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood if the court finds that the defendant violated s. 23.33 (4c), 30.681, 346.63, or 350.101, or a local ordinance in conformity therewith.

AB40-ASA1,1374,22 (b) Except as provided in par. (d), if at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the defendant's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure.

AB40-ASA1,1374,24 (c) The court shall disburse the amounts it collects under this subsection to the law enforcement agency that requested the blood withdrawal.

AB40-ASA1,1375,2 (d) The court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4).

AB40-ASA1, s. 3490r Section 3490r. 814.65 (4m) of the statutes is created to read:

AB40-ASA1,1375,9 814.65 (4m) Blood test fee. (a) Except as provided in par. (d), if a defendant is required to appear in municipal court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the municipal court shall impose and collect from the defendant any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood if the court finds that the defendant violated a local ordinance in conformity with s. 23.33 (4c), 30.681, 346.63, or 350.101.

AB40-ASA1,1375,14 (b) Except as provided in par. (d), if at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the defendant's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure.

AB40-ASA1,1375,16 (c) The court shall disburse the amounts it collects under this subsection to the law enforcement agency that requested the blood withdrawal.

AB40-ASA1,1375,18 (d) The court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4).