AB150: Bill Text

****Note: This is reconciled s. 632.72 (1g) (b). This Section has been affected by drafts with the following LRB numbers: -0741/1, -1701/3 and -2153/1.

AB150, s. 7046 Section 7046. 632.72 (2) of the statutes is amended to read:

AB150,2270,20 632.72 (2) An insurer may not impose on the department of health and social services or contract provider, as assignee of a person who is covered under the policy of health and disability insurance and who is eligible for medical benefits under s. 49.02 or 49.046 or for medical assistance under s. 49.45, 49.46, 49.465, 49.468 or 49.47, requirements that are different from those imposed on any other agent or assignee of a person who is covered under the policy of health and disability insurance.

AB150, s. 7047 Section 7047. 632.89 (1) (e) 1. of the statutes is amended to read:

AB150,2271,2 632.89 (1) (e) 1. A program in an outpatient treatment facility, if both are approved by the department of health and social services and, the program is established and maintained according to rules promulgated under s. 51.42 (7) (b) and the facility is certified under s. 51.04.

AB150, s. 7048 Section 7048. 632.895 (3) of the statutes is amended to read:

AB150,2272,2 632.895 (3) Skilled nursing care. Every disability insurance policy filed after November 29, 1979, which provides coverage for hospital care shall provide coverage for at least 30 days for skilled nursing care to patients who enter a licensed skilled nursing care facility. A disability insurance policy, other than a medicare supplement policy or medicare replacement policy, may limit coverage under this subsection to patients who enter a licensed skilled nursing care facility within 24 hours after discharge from a general hospital. The daily rate payable under this subsection to a licensed skilled nursing care facility shall be no less than the maximum daily rate established for skilled nursing care in that facility by the department of health and social services for purposes of reimbursement under the medical assistance program under ss. 49.45 to 49.47 subch. IV of ch. 49. The coverage under this subsection shall apply only to skilled nursing care which is certified as medically necessary by the attending physician and is recertified as medically necessary every 7 days. If the disability insurance policy is other than a medicare supplement policy or medicare replacement policy, coverage under this subsection shall apply only to the continued treatment for the same medical or surgical condition for which the insured had been treated at the hospital prior to entry into the skilled nursing care facility. Coverage under any disability insurance policy governed by this subsection may be subject to a deductible that applies to the hospital care coverage provided by the policy. The coverage under this subsection shall not apply to care which is essentially domiciliary or custodial, or to care which is available to the insured without charge or under a governmental health care program, other than a program provided under ch. 49.

AB150, s. 7049 Section 7049. 645.76 of the statutes is amended to read:

AB150,2272,7 645.76 Disposition of records during and after termination of liquidation. Records of any insurer in the process of liquidation or completely liquidated under this chapter shall be disposed of by the public records and forms board in the same manner as state records under s. 16.61.

AB150, s. 7050 Section 7050. 701.107 (3m) of the statutes is created to read:

AB150,2272,9 701.107 (3m) "Department" means the department of financial institutions.

AB150, s. 7051 Section 7051. 701.107 (4) of the statutes is amended to read:

AB150,2272,13 701.107 (4) "Nonreciprocal state" means a state other than this state and other than a regional state, as defined in s. 221.58 (1) (h), that the commissioner of banking department finds satisfies s. 221.58 (4) (a).

AB150, s. 7052 Section 7052. 701.108 (1) (b) of the statutes is amended to read:

AB150,2272,18 701.108 (1) (b) The bank or bank holding company proposing to obtain the stock of a bank holding company under this section has filed an application with the commissioner of banking department, and the commissioner of banking department does not disapprove the application under sub. (2).

AB150, s. 7053 Section 7053. 701.108 (1) (c) of the statutes is amended to read:

AB150,2273,4 701.108 (1) (c) The commissioner of banking department gives a class 3 notice, under ch. 985, in the official state newspaper, of the application to take an action under this subsection and of the opportunity for a hearing and, if at least 25 residents of this state petition for a hearing within 30 days after the final notice or if the commissioner department on his or her the department's motion calls for a hearing within 30 days after the final notice, the commissioner department holds a public hearing on the application, except that a hearing is not required if the commissioner department finds that an emergency exists and that the proposed action under this subsection is necessary and appropriate to prevent the probable failure of a bank owned by the charitable trust that is closed or in danger of closing.

AB150, s. 7054 Section 7054. 701.108 (1) (d) of the statutes is amended to read:

AB150,2273,8 701.108 (1) (d) The commissioner of banking department is provided a copy of any original application seeking approval by a federal agency of the transaction and of any supplemental material or amendments filed with the application.

AB150, s. 7055 Section 7055. 701.108 (1) (e) of the statutes is amended to read:

AB150,2273,12 701.108 (1) (e) The applicant has paid the commissioner of banking department a fee of $1,000 together with the actual costs incurred by the commissioner department in holding any hearing on the application.

AB150, s. 7056 Section 7056. 701.108 (2) (intro.) of the statutes is amended to read:

AB150,2273,16 701.108 (2) Standards for disapproval. (intro.) The commissioner of banking department may disapprove an application filed under sub. (1) if the commissioner department finds any of the following:

AB150, s. 7057 Section 7057. 701.108 (2) (f) (intro.) of the statutes is amended to read:

AB150,2273,19 701.108 (2) (f) (intro.) The applicant has failed to enter into an agreement prepared by the commissioner department to comply with all of the following:

AB150, s. 7058 Section 7058. 701.108 (2) (i) of the statutes is amended to read:

AB150,2273,22 701.108 (2) (i) The applicant fails to meet any other standards established by rule of the commissioner department.

AB150, s. 7059 Section 7059. 701.108 (3) (b) 2. of the statutes is amended to read:

AB150,2274,3 701.108 (3) (b) 2. A regional state bank holding company, as defined in s. 221.58 (1) (g), that has its principal place of business in a regional state that the commissioner of banking department finds satisfies s. 221.58 (4) (a).

AB150, s. 7060 Section 7060. 701.108 (3m) (b) of the statutes is amended to read:

AB150,2274,9 701.108 (3m) (b) With respect to a bank or bank holding company which obtains the stock of a bank holding company under this section and which has its principal place of business in a regional state, as defined in s. 221.58 (1) (h), par. (a) is satisfied if the commissioner of banking department finds that the statutes of that regional state satisfy s. 221.58 (4) (a).

AB150, s. 7061 Section 7061. 703.10 (2m) of the statutes is amended to read:

AB150,2274,14 703.10 (2m) Limitation on enforcement of certain provisions. No bylaw or rule adopted under a bylaw and no covenant, condition or restriction set forth in a declaration or deed to a unit may be applied to discriminate against an individual in a manner described in s. 101.22 106.04.

AB150, s. 7062 Section 7062. 703.23 (1) of the statutes is amended to read:

AB150,2274,25 703.23 (1) Appointment of resident agent; change in name or address. When any property is submitted to a condominium declaration, the declarant shall appoint a resident agent for the condominium who shall be a citizen and actual resident of the state or corporation duly registered or qualified to do business in the state. The declarant shall file the name and address of the resident agent with the secretary of state department of revenue. The name or address of the resident agent may be changed by the association or other proper authority of the condominium in the same manner and to the same extent that names and addresses of registered agents may be changed by corporations. If the association is incorporated, the registered agent for the association shall be the registered agent for the condominium.

AB150, s. 7063 Section 7063. 703.23 (2) of the statutes is amended to read:

AB150,2275,4 703.23 (2) Index of names and address of resident agents. The secretary of state department of revenue shall keep an index of the names and addresses of resident agents and shall make the information available to the public on request.

AB150, s. 7064 Section 7064. 704.22 (2) of the statutes is amended to read:

AB150,2275,7 704.22 (2) Designation of an agent under sub. (1) shall be in writing and filed with the secretary of state department of revenue.

AB150, s. 7065 Section 7065. 705.04 (2g) of the statutes is created to read:

AB150,2275,13 705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and social services may collect, from funds of a decedent that are held by the decedent immediately before death in a joint account or a P.O.D. account, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a) and that was paid on behalf of the decedent or the decedent's spouse.

AB150, s. 7066 Section 7066. 706.11 (1) (f) of the statutes is amended to read:

AB150,2275,16 706.11 (1) (f) Any mortgage executed to a mortgage banker, as defined in s. 440.71 224.71 (3).

AB150, s. 7067 Section 7067. 709.03 (form) 8. of the statutes is amended to read:

AB150,2275,24 709.03 (form) 8. .... .... .... I am aware of underground fuel storage tanks on the property. (If correct, the owner, by law, must report the location to the department of industry, labor and human relations development at P.O. Box 7969 7970, Madison, Wisconsin, 53707.)

AB150, s. 7068 Section 7068. 751.02 of the statutes is amended to read:

AB150,2276,15 751.02 Employes. The supreme court may authorize the employes it considers necessary for the execution of the functions of the supreme court and the court of appeals and the court reporting functions of the circuit courts and may designate titles, prescribe duties and fix compensation. The chief judge of each judicial administrative district, in cooperation with the court administrator for that judicial district, shall appoint, assign and supervise court reporters serving in each circuit court within the district. Compensation and benefits of employes should be consistent with that paid to state employes in the classified service for services involving similar work and responsibility. Each justice and court of appeals judge may appoint and prescribe the duties of a secretary and a law clerk to assist the justice or judge in the performance of his or her duties. Each circuit judge may appoint a court reporter to serve in the court or branch of court to which he or she was elected or appointed if the reporter is certified as qualified by the director of state courts. A person appointed by the supreme court or a justice or court of appeals judge or a circuit chief judge serves at the pleasure of the court or the justice or judge.

AB150, s. 7069 Section 7069. 753.061 (2d) of the statutes is created to read:

AB150,2276,19 753.061 (2d) The chief judge of the 1st judicial administrative district shall designate one circuit court branch that will primarily handle cases related to possessing, using or threatening to use a firearm.

AB150, s. 7070 Section 7070. 753.061 (3) of the statutes is repealed.

AB150, s. 7071 Section 7071. 753.19 of the statutes is renumbered 753.19 (1).

AB150, s. 7072 Section 7072. 753.19 (2) of the statutes is created to read:

AB150,2277,2 753.19 (2) The county board, in counties whose circuit court has 3 or more branches shall provide not less than one full-time equivalent position for every 3 circuit court branches in the county for judicial assistants. The qualifications and duties of these judicial assistants shall be established by the director of state courts under s. 758.19 (5) (h).

AB150, s. 7073 Section 7073 . 756.04 (2) (am) 1. f. of the statutes is amended to read:

AB150,2277,5 756.04 (2) (am) 1. f. Lists of persons on general relief under ch. 49 and persons on receiving aid to families with dependent children under ch. 49.

****Note: This is reconciled s. 756.04 (2) (am) 1. f. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 7074 Section 7074 . 756.04 (2) (am) 1. f. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,2277,9 756.04 (2) (am) 1. f. Lists of persons receiving aid to families with dependent children under subch. III of ch. 49.

****Note: This is reconciled s. 756.04 (2) (am) 1. f. This Section has been affected by drafts with the following LRB numbers: -0774/2 and -2153/1.

AB150, s. 7075 Section 7075. 756.096 (3) (b) of the statutes is renumbered 756.096 (3) (b) 1. and amended to read:

AB150,2277,14 756.096 (3) (b) 1. A Except as provided in subd. 2., a jury in civil and traffic cases shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion may require a greater number, not to exceed 12.

AB150, s. 7076 Section 7076. 756.096 (3) (b) 2. of the statutes is created to read:

AB150,2277,17 756.096 (3) (b) 2. A jury in cases involving traffic regulations, as defined in s. 345.20 (1) (b), shall consist of 6 persons.

AB150, s. 7077 Section 7077. 757.57 (5) of the statutes is amended to read:

AB150,2278,3 757.57 (5) Except as provided in SCR 71.04 (4), every reporter, upon the request of any party to an action or proceeding, shall make a typewritten transcript, and as many copies thereof as the party requests, of the testimony and proceedings reported by him or her in the action or proceeding, or any part thereof specified by the party, the transcript and each copy thereof to be duly certified by him or her to be a correct transcript thereof. For the transcripts the reporter is entitled to receive the fees prescribed in s. 814.69 (2) (1) (b).

AB150, s. 7078 Section 7078. 757.83 (4) of the statutes is amended to read:

AB150,2278,8 757.83 (4) Staff. The judicial commission shall hire an executive director, and may hire one staff member, in the unclassified service. The executive director shall be a member of the state bar of Wisconsin and shall provide staff services to the judicial commission and the judicial council.

AB150, s. 7079 Section 7079. 758.01 (2) of the statutes is amended to read:

AB150,2278,13 758.01 (2) The supreme court may establish and charge fees for photocopying, microfilm copying, books, generation of copies of documents from optical disk or electronic storage, computer services and other services provided by the state law library. The fees are subject to the cost limitations under ss. 19.35 (3) and 20.908.

AB150, s. 7080 Section 7080. 758.13 (1) of the statutes is amended to read:

AB150,2279,8 758.13 (1) Membership; appointment; terms. There is created a judicial council of 20 21 members as follows: a supreme court justice designated by the supreme court; a court of appeals judge designated by the court of appeals; the director of state courts or his or her designee; 4 circuit judges designated by the judicial conference; the chairpersons of the senate and the assembly committees dealing with judicial affairs or a member of each such committee designated by the respective chairperson; the attorney general or his or her designee; the revisor of statutes or an assistant designated by the revisor; the deans of the law schools of the university of Wisconsin and Marquette university or a member of the respective law school faculties designated by the deans; the state public defender or his or her designee; the president-elect of the state bar of Wisconsin or a member of the board of governors of the state bar designated by the president-elect and 3 additional members thereof selected by the state bar to serve 3-year terms; one district attorney appointed by the governor; and 2 citizens at large appointed by the governor to serve 3-year terms. The names of the members shall be certified to the secretary of state by the executive secretary of the judicial commission. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.645 20.665 (1) for expenses necessarily incurred by them in attending council meetings.

AB150, s. 7081 Section 7081. 758.13 (2) (g) of the statutes is created to read:

AB150,2279,13 758.13 (2) (g) Recommend to the supreme court, legislature and governor any changes in the organization, operation and methods of conducting the business of the courts that will improve the efficiency and effectiveness of the court system and result in cost savings.

AB150, s. 7082 Section 7082. 758.13 (3) (d) of the statutes is repealed.

AB150, s. 7083 Section 7083. 758.19 (4) of the statutes is renumbered 16.971 (9) and amended to read:

AB150,2280,6 16.971 (9) The director of state courts may develop In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote , and coordinate and implement circuit court automated judicial information systems that are compatible among counties and judicial branch agencies using the moneys appropriated under s. 20.680 (2) (j). If the director of state courts provides funding to counties as part of the development and implementation of this system, the director of state courts may provide funding to counties with 1 or 2 circuit court judges for a minicomputer system only up to the level of funding that would have been provided had the county implemented a microcomputer system. In those counties with 1 or 2 circuit court judges, any costs incurred to implement a minicomputer system not funded under this subsection shall be paid by the county. Those counties may use that minicomputer system for county management information needs in addition to the circuit court automated information system use 20.505 (1) (ja).

AB150, s. 7084 Section 7084. 758.19 (4m) of the statutes is created to read:

AB150,2280,10 758.19 (4m) Any equipment that the director of state courts purchases for state employes, including equipment purchased for state-employed court reporters, is the property of the state.

AB150, s. 7085 Section 7085. 758.19 (5) (a) 7. of the statutes is created to read:

AB150,2280,15 758.19 (5) (a) 7. Guardian ad litem compensation under ss. 48.235 (8), 48.996, 55.06 (6) and (9) (b), 767.045 (6), 880.33 (2) (a) 2., 880.331 (8) and 891.39 (1) (b). No guardian ad litem compensation paid under this subdivision may exceed the per hour rate established for time spent in court by private attorneys under s. 977.08 (4m).

AB150, s. 7086 Section 7086. 758.19 (5) (a) 8. of the statutes is created to read:

AB150,2280,19 758.19 (5) (a) 8. Any other court costs, except costs related to courtroom security, including security personnel, and costs related to rent, utilities, maintenance, rehabilitation and construction of court facilities.

AB150, s. 7087 Section 7087. 758.19 (5) (b) (intro.) of the statutes is amended to read:

AB150,2281,2 758.19 (5) (b) (intro.) From the appropriation under s. 20.625 (1) (d), the director of state courts shall make the following payments to counties totaling $6,200,000 on July 1, 1995, or the effective date of this paragraph .... [revisor inserts date], whichever is later, totaling $11,050,100 on January 1, 1996, and totaling $11,050,000 on every July 1 and January 1 thereafter, which the director of state courts shall distribute as follows:

AB150, s. 7088 Section 7088. 758.19 (5) (b) 1. and 2. of the statutes are repealed and recreated to read:

AB150,2281,5 758.19 (5) (b) 1. For each circuit court branch in the county, $32,900.

AB150,2281,8 2. In addition to the payment under subd. 1., for each county with one or less circuit court branches, $5,000 in the 1995-96 fiscal year and $10,000 in each fiscal year thereafter.

AB150, s. 7089 Section 7089. 758.19 (5) (b) 3. of the statutes is repealed and recreated to read:

AB150,2281,13 758.19 (5) (b) 3. In addition to the payment under subd. 1., for each county with more than one circuit court branch, a payment equal to the county's proportion of the state population times the amount remaining after the payments are made under subds. 1. and 2.