AB768: Bill Text

AB768, s. 583 Section 583. 632.68 (3) (title) of the statutes is amended to read:

AB768,270,8 632.68 (3) (title) Viatical settlement provider license; revocation or refusal to renew.

AB768, s. 584 Section 584. 632.68 (3) of the statutes is renumbered 632.68 (3) (a), and 632.68 (3) (a) (intro.), as renumbered, is amended to read:

AB768,270,13 632.68 (3) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement provider license if, after a hearing, the commissioner finds any of the following:

AB768, s. 585 Section 585. 632.68 (3) (b) of the statutes is created to read:

AB768,270,17 632.68 (3) (b) The commissioner shall revoke or refuse to renew a viatical settlement provider license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768, s. 586 Section 586. 632.68 (4) (b) of the statutes is amended to read:

AB768,271,2 632.68 (4) (b) A person may apply to the commissioner for a viatical settlement broker license on a form prescribed by the commissioner for that purpose. The application form shall require the applicant to provide the applicant's social security number, if the applicant is a natural person, or the applicant's federal employer identification number, if the applicant is not a natural person. The fee specified in s. 601.31 (1) (mr) shall accompany the application. The commissioner may not issue a license under this subsection unless the applicant provides his or her social security number or its federal employer identification number, whichever is applicable.

AB768, s. 587 Section 587. 632.68 (4) (bc) of the statutes is created to read:

AB768,271,6 632.68 (4) (bc) The commissioner may disclose a social security number or federal employer identification number received under par. (b) or (c) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 588 Section 588. 632.68 (4) (bm) of the statutes is created to read:

AB768,271,10 632.68 (4) (bm) The commissioner may not issue a license under this subsection if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 589 Section 589. 632.68 (4) (c) of the statutes is amended to read:

AB768,271,16 632.68 (4) (c) Except as provided in sub. (5), a license issued under this subsection shall be renewed annually on the anniversary date upon payment of the fee specified in s. 601.31 (1) (ms) and upon providing the licensee's social security number or federal employer identification number, as applicable, if not previously provided on the application for the license or at a previous renewal of the license.

AB768, s. 590 Section 590. 632.68 (5) (title) of the statutes is amended to read:

AB768,271,19 632.68 (5) (title) Viatical settlement broker license; revocation or refusal to renew.

AB768, s. 591 Section 591. 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

AB768,271,24 632.68 (5) (a) (intro.) The Except as provided in par. (b), the commissioner may revoke, suspend or refuse to renew a viatical settlement broker license if, after a hearing, the commissioner finds any of the following:

AB768, s. 592 Section 592. 632.68 (5) (b) of the statutes is created to read:

AB768,272,3 632.68 (5) (b) The commissioner shall revoke or refuse to renew a viatical settlement broker license if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768, s. 593 Section 593. 632.7495 (1) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,272,10 632.7495 (1) (a) Except as provided in subs. (2) and (3) to (4) and notwithstanding s. 631.36 (2) to (4m), an insurer that provides individual health benefit plan coverage shall renew such coverage or continue such coverage in force at the option of the insured individual and, if applicable, the association through which the individual has coverage.

AB768, s. 594 Section 594. 632.7495 (4) of the statutes is created to read:

AB768,272,14 632.7495 (4) Notwithstanding subs. (1) and (2) and s. 631.36 (4), an insurer is not required to renew individual health benefit plan coverage that is marketed and designed to provide short-term coverage as a bridge between coverages.

AB768, s. 595 Section 595. 632.897 (4) (d) (intro.) of the statutes is amended to read:

AB768,272,23 632.897 (4) (d) (intro.) This subsection does not require individual coverage to be offered by an insurer offering group policies only. This subsection does not require an insurer to issue, or continue in force, an individual conversion policy covering a terminated insured or his or her spouse or dependent if benefits provided or available to the covered person under subds. 1. to 3., together with the converted policy's benefits, would result in overinsurance according to the insurer's standards for overinsurance, and these standards have been filed with and approved by the commissioner prior to use:

AB768, s. 596 Section 596. 633.14 (1) (d) of the statutes is created to read:

AB768,272,25 633.14 (1) (d) Provides his or her social security number.

AB768, s. 597 Section 597. 633.14 (2) (d) of the statutes is created to read:

AB768,273,2 633.14 (2) (d) Provides its federal employer identification number.

AB768, s. 598 Section 598. 633.14 (2c) of the statutes is created to read:

AB768,273,6 633.14 (2c) The commissioner may disclose any information received under sub. (1) (d) or (2) (d) or s. 633.15 (1m) to the department of revenue for the purpose of requesting certifications under s. 73.0301.

AB768, s. 599 Section 599. 633.14 (2m) of the statutes is created to read:

AB768,273,10 633.14 (2m) Notwithstanding subs. (1) and (2), the commissioner may not issue a license under this section if the department of revenue certifies under s. 73.0301 that the applicant is liable for delinquent taxes.

AB768, s. 600 Section 600. 633.15 (1m) of the statutes is created to read:

AB768,273,20 633.15 (1m) Social security or federal employer identification number. At an annual renewal, an administrator shall provide his or her social security number, if the administrator is an individual, or its federal employer identification number, if the administrator is a corporation, limited liability company or partnership, if the social security number or federal employer identification number was not previously provided on the application for the license or at a previous renewal of the license. The commissioner shall refuse to renew a license if the licensee fails to provide a social security number or federal employer identification number as required in this subsection.

AB768, s. 601 Section 601. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

AB768,273,24 633.15 (2) (b) 1. (intro.) The Except as provided in par. (c), the commissioner may revoke, suspend or limit the license of an administrator after a hearing if the commissioner makes any of the following findings:

AB768, s. 602 Section 602. 633.15 (2) (c) of the statutes is created to read:

AB768,274,3 633.15 (2) (c) For liability for delinquent taxes. The commissioner shall revoke or refuse to renew a license issued under s. 633.14 if the department of revenue certifies under s. 73.0301 that the licensee is liable for delinquent taxes.

AB768, s. 603 Section 603. 701.06 (5) (intro.) of the statutes is amended to read:

AB768,274,10 701.06 (5) Claims for public support. (intro.) Notwithstanding any provision in the creating instrument or subs. (1) and (2), if the settlor is legally obligated to pay for the public support of a beneficiary under s. 46.10 or 301.12 or the beneficiary is legally obligated to pay for the beneficiary's public support or that furnished the beneficiary's spouse or minor child under s. 46.10 or 301.12, upon application by the appropriate state department or county official, the court may:

AB768, s. 604 Section 604. 751.15 of the statutes is created to read:

AB768,274,14 751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of revenue under s. 73.0301.

AB768,274,19 (2) The supreme court is requested to promulgate rules that require each person, as a condition of membership in the state bar, to provide the board of bar examiners with his or her social security number and that prohibit the disclosure of that number to any person except the department of revenue for the sole purpose of making certifications under s. 73.0301.

AB768,274,24 (3) The supreme court is requested to promulgate rules that deny an application for a license to practice law or revoke a license to practice law already issued if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2) or if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301.

AB768, s. 605 Section 605. 753.075 (3) (a) of the statutes is amended to read:

AB768,275,18 753.075 (3) (a) Temporary reserve judges shall receive a per diem of $205 $255.66. Commencing August 1, 1993, temporary reserve judges shall receive a per diem of $225. Commencing August 2, 1994, and every August 2 thereafter 1998, the per diem for temporary reserve judges shall be increased by the same percentage increase as the total percentage increase in authorized for circuit court judges' salaries authorized during the preceding 12-month period ending on August 1. While serving outside the county in which they reside temporary reserve judges shall also receive actual and necessary expenses incurred in the discharge of judicial duties. This per diem compensation is not subject to s. 40.26 but the combined amount of this compensation and any other judicial compensation together with retirement annuities under the Wisconsin retirement system, the Milwaukee county retirement fund and other state, county, municipal, or other Wisconsin governmental retirement funds received by him or her during any one calendar year shall not exceed the yearly compensation of a circuit judge. The per diem compensation and actual and necessary expenses shall be paid from the appropriation under s. 20.625 (1) (a) when the judge is assigned to a circuit court and from the appropriation under s. 20.660 (1) (a) when the judge is assigned to the court of appeals.

AB768, s. 606 Section 606. 767.32 (1) (b) 4. of the statutes is amended to read:

AB768,275,25 767.32 (1) (b) 4. A difference between the amount of child support ordered by the court to be paid by the payer and the amount that the payer would have been required to pay based on the percentage standard established by the department under s. 49.22 (9) if the court did not use the percentage standard in determining the child support payments and did not provide the information required under s. 46.10 (14) (d), 301.12 (14) (d), 767.25 (1n) or 767.51 (5d), whichever is appropriate.

AB768, s. 607 Section 607. 767.32 (2r) of the statutes is amended to read:

AB768,276,5 767.32 (2r) If the court revises a judgment or order providing for child support that was entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2), the court shall determine child support in the manner provided in s. 46.10 (14) or 301.12 (14), whichever is applicable.

AB768, s. 608 Section 608. 767.32 (2s) of the statutes is amended to read:

AB768,276,11 767.32 (2s) In an action under sub. (1), the court may not approve a stipulation for the revision of a judgment or order with respect to an amount of child support or family support unless the stipulation provides for payment of an amount of child support or family support that is determined in the manner required under s. 46.10 (14), 301.12 (14), 767.25 or 767.51, whichever is appropriate.

AB768, s. 609 Section 609. 779.14 (1) (title) of the statutes is created to read:

AB768,276,13 779.14 (1) (title) Definition.

AB768, s. 610 Section 610. 779.14 (1e) (title) of the statutes is created to read:

AB768,276,16 779.14 (1e) (title) Contract requirements regarding duties of prime contractor.

AB768, s. 611 Section 611. 779.14 (1e) (b) of the statutes is created to read:

AB768,276,22 779.14 (1e) (b) All contracts that are in excess of $30,000, as indexed under sub. (1s), and that are for the performance of labor or furnishing materials for a public improvement or public work shall contain a provision under which the prime contractor agrees, to the extent practicable, to maintain a list of all subcontractors and suppliers performing labor or furnishing materials under the contract.

AB768, s. 612 Section 612. 779.14 (1m) (title) of the statutes is created to read:

AB768,276,24 779.14 (1m) (title) Payment and performance assurance requirements.

AB768, s. 613 Section 613. 779.14 (1m) (a) of the statutes, as affected by 1997 Wisconsin Acts 27 and 39, is renumbered 779.14 (1e) (a) and amended to read:

AB768,277,12 779.14 (1e) (a) All contracts with the state involving $2,500 or more and all other contracts involving $500 $10,000 or more for the performance of labor or furnishing materials when the same pertains to any public improvement or public work shall contain a provision for the payment by the prime contractor of all claims for labor performed and materials furnished, used or consumed in making the public improvement or performing the public work, including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker's compensation insurance and contributions for unemployment insurance.

AB768, s. 614 Section 614. 779.14 (1m) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is repealed.

AB768, s. 615 Section 615. 779.14 (1m) (b) 1m. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 779.14 (1m) (f) and amended to read:

AB768,277,19 779.14 (1m) (f) (title) Direct purchase contracts. The bonding requirement under subd. 1. does Paragraphs (c) and (d) do not apply to a contract for the direct purchase of materials by the state or by a local unit of government.

AB768, s. 616 Section 616. 779.14 (1m) (b) 2. of the statutes is renumbered 779.14 (1m) (e) 2., and 779.14 (1m) (e) 2. (intro.) and b., as renumbered, are amended to read:

AB768,277,24 779.14 (1m) (e) 2. (intro.) The A bond required under par. (c) or (d) shall carry a penalty of not less than the contract price, and shall be conditioned for all of the following:

AB768,278,4 b. The payment to every person, including every subcontractor or supplier, of all claims that are entitled to payment for labor performed and materials furnished for the purpose of making the public improvement or performing the public work as provided in the contract and this subsection sub. (1e) (a).

AB768, s. 617 Section 617. 779.14 (1m) (b) 3. of the statutes is renumbered 779.14 (1m) (e) 3. and amended to read:

AB768,278,12 779.14 (1m) (e) 3. The A bond required under par. (c) shall be approved for the state by the state official authorized to enter the contract,. A bond required under par. (d) shall be approved for a county by its corporation counsel, for a city by its mayor, for a village by its president, for a town by its chairperson, for a school district by its president and for any other public board or body by the presiding officer thereof.

AB768, s. 618 Section 618. 779.14 (1m) (b) 4. of the statutes is renumbered 779.14 (1m) (e) 4. and amended to read:

AB768,278,17 779.14 (1m) (e) 4. No assignment, modification or change of the contract, change in the work covered thereby or extension of time for the completion of the contract may release the sureties on the a bond required under par. (c) or (d).

AB768, s. 619 Section 619. 779.14 (1m) (b) 5. of the statutes is renumbered 779.14 (1m) (e) 5. and amended to read:

AB768,278,23 779.14 (1m) (e) 5. Neither the invitation for bids nor the person having power to approve the prime contractor's bond may require that the a bond required under par. (c) or (d) be furnished by a specified surety company or through a specified agent or broker.

AB768, s. 620 Section 620. 779.14 (1m) (c) and (d) of the statutes are created to read:

AB768,279,3 779.14 (1m) (c) State contracts. The following requirements apply to contracts with the state for the performance of labor or furnishing materials for a public improvement or public work:

AB768,279,5 1. In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), but not exceeding $100,000, as indexed under sub. (1s):

AB768,279,8 a. The contract shall include a provision which allows the state to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors.

AB768,279,13 b. The contract shall comply with written standards established by the department of administration. Written standards established under this subd. 1. b. shall include criteria for determining whether the contract requires payment or performance assurances and, if so, what payment or performance assurances are required.

AB768,279,15 2. In the case of a contract with a contract price exceeding $100,000, as indexed under sub. (1s), but not exceeding $250,000, as indexed under sub. (1s):

AB768,279,18 a. The contract shall include a provision which allows the state to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors.

AB768,280,6 b. The contract shall require the prime contractor to provide a payment and performance bond meeting the requirements of par. (e), unless the department of administration allows the prime contractor to substitute a different payment assurance for the payment and performance bond. The department of administration may allow a prime contractor to substitute a different payment and performance assurance for the payment and performance bond only after the contract has been awarded and only if the substituted payment and performance assurance is for an amount at least equal to the contract price and is in the form of a bond, an irrevocable letter of credit, an escrow account or other type of instrument acceptable to the department of administration. The department of administration shall establish written standards under this subd. 2. b. governing when a different payment and performance assurance may be substituted for a payment and performance bond under par. (e).

AB768,280,9 3. In the case of a contract with a contract price exceeding $250,000, as indexed under sub. (1s), the contract shall require the prime contractor to obtain a payment and performance bond meeting the requirements under par. (e).

AB768,280,12 (d) Local government contracts. The following requirements apply to contracts, other than contracts with the state, for the performance of labor or furnishing materials for a public improvement or public work:

AB768,280,14 1. In the case of a contract with a contract price exceeding $10,000, as indexed under sub. (1s), but not exceeding $50,000, as indexed under sub. (1s):

AB768,280,18 a. The contract shall include a provision which allows the governmental body that is authorized to enter into the contract to make direct payment to subcontractors or to pay the prime contractor with checks that are made payable to the prime contractor and to one or more subcontractors.

AB768,280,23 b. The contract shall comply with written standards established by the public body authorized to enter into the contract. Written standards established under this subd. 1. b. shall include criteria for determining whether the contract requires payment or performance assurances and, if so, what payment or performance assurances are required.