Amendment ASA1-AB40

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 of the statutes is repealed.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AB40-ASA1, s. 3472m Section 3472m. 632.885 (3) of the statutes is repealed.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AB40-ASA1, s. 3472p Section 3472p. 632.885 (4) of the statutes is repealed.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).

AB40-ASA1, s. 3491 Section 3491. 815.18 (3) (o) of the statutes is amended to read:

AB40-ASA1,1375,20 815.18 (3) (o) Tuition units. Tuition units purchased under s. 14.63 16.64.

AB40-ASA1, s. 3492 Section 3492. 815.18 (3) (p) of the statutes is amended to read:

AB40-ASA1,1375,23 815.18 (3) (p) College savings accounts. An interest in a college savings account under s. 14.64 16.641.

AB40-ASA1, s. 3492m Section 3492m. 846.35 of the statutes is repealed.

AB40-ASA1, s. 3495 Section 3495. 891.45 (1) (b) of the statutes is amended to read:

AB40-ASA1,1376,4 891.45 (1) (b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 60.553 (2), 61.66 (2), or 62.13 (2e) (b) and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

AB40-ASA1, s. 3496 Section 3496. 891.453 (1) (c) of the statutes is amended to read:

AB40-ASA1,1376,8 891.453 (1) (c) "Fire fighter" means a state, county, or municipal fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter took up at least two-thirds of his or her working hours.

AB40-ASA1, s. 3497 Section 3497. 891.453 (1) (d) of the statutes is amended to read:

AB40-ASA1,1376,15 891.453 (1) (d) "Law enforcement officer" means any person employed by the state or by a county or a municipality for the purpose of detecting and preventing crime and enforcing laws or ordinances, who is authorized to make arrests for violations of the laws or ordinances which he or she is employed to enforce. "Law enforcement officer" includes a person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a police officer took up at least two-thirds of his or her working hours.

AB40-ASA1, s. 3498 Section 3498. 891.455 (1) of the statutes is amended to read:

AB40-ASA1,1376,20 891.455 (1) In this section, "state, county, or municipal fire fighter" means a fire fighter who is covered under s. 891.45 and any person under s. 60.553, 61.66, or 62.13 (2e) whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

AB40-ASA1, s. 3500 Section 3500. 893.82 (9) of the statutes is created to read:

AB40-ASA1,1377,4 893.82 (9) For purposes of this section, any employee of the state of Minnesota performing services for this state pursuant to a valid agreement between this state and the state of Minnesota providing for interchange of employees or services is considered to have the same status an as employee of this state performing the same services for this state, and any employee of this state who performs services for the state of Minnesota pursuant to such an agreement is considered to have the same status as when performing the same services for this state in any action brought under the laws of this state.

AB40-ASA1, s. 3501 Section 3501. 893.925 (2) (a) of the statutes is amended to read:

AB40-ASA1,1377,13 893.925 (2) (a) An action to recover damages for mining-related injuries under s. 107.32 shall be brought within 3 years of the date on which the death or injury occurs unless the department of commerce safety and professional services gives written notice within the time specified in this subsection that a claim has been filed with it under sub. (1), in which case an action based on the claim may be brought against the person to whom the notice is given within one year after the final resolution, including any appeal, of the claim or within the time specified in this subsection, whichever is longer.

AB40-ASA1, s. 3502 Section 3502. 895.07 (13) of the statutes is amended to read:

AB40-ASA1,1377,17 895.07 (13) Brochure. The department of commerce safety and professional services shall prepare a brochure explaining the process under this section and shall provide that brochure to contractors.

AB40-ASA1, s. 3503 Section 3503. 895.441 (5) of the statutes is amended to read:

AB40-ASA1,1377,24 895.441 (5) Silence agreements. Any provision in a contract or agreement relating to the settlement of any claim by a patient against a therapist that limits or eliminates the right of the patient to disclose sexual contact by the therapist to a subsequent therapist, the department of regulation and licensing safety and professional services, the department of health services, the injured patients and families compensation fund peer review council, or a district attorney is void.

AB40-ASA1, s. 3503g Section 3503g. 895.453 of the statutes is created to read:

AB40-ASA1,1378,2 895.453 Payments of chiropractic services from attorney contingency fees. (1) In this section:

AB40-ASA1,1378,3 (a) "Chiropractor" means a person licensed under ch. 446.

AB40-ASA1,1378,6 (b) "Motor vehicle" means a vehicle, including a combination of 2 or more vehicles or an articulated vehicle, which is self-propelled, except a vehicle operated exclusively on a rail.

AB40-ASA1,1378,10 (2) Notwithstanding s. 803.03, if all of the following conditions exist, fees for chiropractic services provided to an injured person shall be paid out of the amount of fees due to his or her attorney under the contingency fee arrangement made between the person and the attorney:

AB40-ASA1,1378,11 (a) The person is injured as the result of a motor vehicle accident.

AB40-ASA1,1378,13 (b) The services were provided by a chiropractor because of the injuries arising from the motor vehicle accident.

AB40-ASA1,1378,15 (c) The person is represented by an attorney under a contingency fee arrangement.

AB40-ASA1,1378,17 (d) The person receives an amount under a settlement agreement that is less than his or her damages.

AB40-ASA1,1378,20 (e) Prior to the person's acceptance of the settlement agreement, the chiropractor has not been paid for his or her services and has provided written notification to the person's attorney of the services that were provided to the person.

AB40-ASA1,1379,2 (3) Except as provided in sub. (4), if the conditions under sub. (2) are met, the distribution of the amount due under the contingency fee arrangement shall be allocated on a pro rata basis between the person's attorney and each chiropractor who provided services, based on the percentage obtained by comparing the outstanding fees owed to the attorney and each chiropractor to the aggregate outstanding attorney and chiropractic fees.

AB40-ASA1,1379,3 (4) This section does not apply if any of the following exist:

AB40-ASA1,1379,5 (a) The chiropractor is eligible for payment for the services provided to the person under any health insurance contract or self-insured health plan.

AB40-ASA1,1379,8 (b) The chiropractor is eligible for payment for the services provided to the person under any governmental health plan or program, including Medicaid or Medicare.

AB40-ASA1, s. 3504 Section 3504. 895.46 (10) of the statutes is created to read:

AB40-ASA1,1379,15 895.46 (10) Any employee of the state of Minnesota who is named as a defendant and who is found liable as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services shall be indemnified by this state to the same extent as an employee of this state performing the same services for this state pursuant to this section.

AB40-ASA1, s. 3508m Section 3508m. 895.527 (1m) of the statutes is created to read:

AB40-ASA1,1379,18 895.527 (1m) For purposes of this section, a bird hunting preserve licensed under s. 169.19 shall be considered a sport shooting range.