SB77: Bill Text

SB77, s. 4921 Section 4921. 632.68 (4) (b) of the statutes is amended to read:

SB77,1827,6 632.68 (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, if a natural person, to provide his or her social security number. 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, if a natural person, provides his or her social security number.

SB77, s. 4922 Section 4922. 632.68 (4) (bc) of the statutes is created to read:

SB77,1827,11 632.68 (4) (bc) The commissioner may disclose a social security number obtained under par. (b) only to the department of industry, labor and job development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4923 Section 4923. 632.68 (4) (bm) of the statutes is created to read:

SB77,1827,17 632.68 (4) (bm) The commissioner may not issue a license under this subsection to a natural person who is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4924 Section 4924. 632.68 (4) (c) of the statutes is amended to read:

SB77,1827,23 632.68 (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, if the license holder is a natural person, upon providing his or her social security number if not previously provided on the application for the license or at a previous renewal of the license.

SB77, s. 4925 Section 4925. 632.68 (5) (title) of the statutes is amended to read:

SB77,1828,2 632.68 (5) (title) Viatical settlement broker license; revocation , suspension, limitation or refusal to renew.

SB77, s. 4926 Section 4926. 632.68 (5) of the statutes is renumbered 632.68 (5) (a), and 632.68 (5) (a) (intro.), as renumbered, is amended to read:

SB77,1828,7 632.68 (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:

SB77, s. 4927 Section 4927. 632.68 (5) (b) of the statutes is created to read:

SB77,1828,14 632.68 (5) (b) The commissioner shall suspend, limit or refuse to renew a viatical settlement broker license issued to a natural person if the natural person is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4928 Section 4928. 632.68 (8) of the statutes is amended to read:

SB77,1828,21 632.68 (8) Record keeping. Every licensee under this section shall maintain and make available for inspection by the commissioner records of all viatical settlement transactions. Names and other individual identifying information related to policyholders or certificate holders shall be considered confidential and may not be disclosed by the commissioner, except that the commissioner shall disclose information requested under s. 49.22 (2m) to the person making the request.

SB77, s. 4929 Section 4929. 632.745 (1) (d) of the statutes, as created by 1995 Wisconsin Act 289, is amended to read:

SB77,1829,7 632.745 (1) (d) "Health benefit plan" means any hospital or medical policy or certificate. "Health benefit plan" does not include accident-only, credit accident or health, dental, vision, medicare supplement, medicare replacement, long-term care, disability income or short-term insurance, coverage issued as a supplement to liability insurance, worker's compensation or similar insurance, automobile medical payment insurance, individual conversion policies, specified disease policies, hospital indemnity policies, as defined in s. 632.895 (1) (c), policies or certificates issued under the health insurance risk-sharing plan or an alternative plan under subch. II of ch. 619 149 or other insurance exempted by rule of the commissioner.

SB77, s. 4930 Section 4930. 632.785 (1) (intro.) of the statutes is amended to read:

SB77,1829,15 632.785 (1) (intro.) If an insurer issues one or more of the following or takes any other action based wholly or partially on medical underwriting considerations which is likely to render any person eligible under s. 619.12 149.12 for coverage under subch. II of ch. 619 149, the insurer shall notify all persons affected of the existence of the mandatory health insurance risk-sharing plan under subch. II of ch. 619 149, as well as the eligibility requirements and method of applying for coverage under the plan:

SB77, s. 4931 Section 4931. 632.897 (10) (a) 3. of the statutes is amended to read:

SB77,1829,22 632.897 (10) (a) 3. The fact that the group member or insured does not claim the child as an exemption for federal income tax purposes under 26 USC 151 (c) (1) (B), or as an exemption for state income tax purposes under s. 71.07 (8) (b) or under the laws of another state, if a court order under s. 767.25 (4m) or, 767.51 (3m) or 767.62 (4) (b) or the laws of another state assigns responsibility for the child's health care expenses to the group member or insured.

SB77, s. 4932 Section 4932. 632.897 (10) (am) 2. of the statutes is amended to read:

SB77,1830,3 632.897 (10) (am) 2. Provide family coverage under the group policy or individual policy for the individual's child, if eligible for coverage, upon application by the individual, the child's other parent, the department of health and family services industry, labor and job development or the county designee child support agency under s. 59.53 (5).

SB77, s. 4933 Section 4933. 633.14 (1) (d) of the statutes is created to read:

SB77,1830,5 633.14 (1) (d) Provides his or her social security number.

SB77, s. 4934 Section 4934. 633.14 (2c) of the statutes is created to read:

SB77,1830,10 633.14 (2c) The commissioner may disclose a social security number obtained under sub. (1) (d) only to the department of industry, labor and job development in the administration of s. 49.22, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4935 Section 4935. 633.14 (2m) of the statutes is created to read:

SB77,1830,16 633.14 (2m) Notwithstanding sub. (1), the commissioner may not issue a license under this section if the individual applying for the license is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4936 Section 4936. 633.15 (1m) of the statutes is created to read:

SB77,1830,21 633.15 (1m) Social security numbers. At an annual renewal, an administrator who is a natural person shall provide his or her social security number if the social security number was not previously provided on the application for the license or at a previous renewal of the license.

SB77, s. 4937 Section 4937. 633.15 (2) (a) (title) of the statutes is amended to read:

SB77,1830,24 633.15 (2) (a) (title) Nonpayment of annual renewal fee or failure to provide social security number.

SB77, s. 4938 Section 4938. 633.15 (2) (a) 1. of the statutes is amended to read:

SB77,1831,6 633.15 (2) (a) 1. If an administrator fails to pay the annual renewal fee as provided under sub. (1) or fails to provide a social security number as required under sub. (1m), the commissioner shall suspend the administrator's license effective the day following the last day when the annual renewal fee may be paid, if the commissioner has given the administrator reasonable notice of when the fee must be paid to avoid suspension.

SB77, s. 4939 Section 4939. 633.15 (2) (a) 2. of the statutes is amended to read:

SB77,1831,11 633.15 (2) (a) 2. If an administrator pays the annual renewal fee or provides the social security number within 60 days from the effective date of suspension under subd. 1., the commissioner shall reinstate the administrator's license effective as of the date of suspension.

SB77, s. 4940 Section 4940. 633.15 (2) (a) 3. of the statutes is amended to read:

SB77,1831,15 633.15 (2) (a) 3. If payment is not made or the social security number is not provided within 60 days from the effective date of suspension under subd. 1., the commissioner shall revoke the administrator's license.

SB77, s. 4941 Section 4941. 633.15 (2) (b) 1. (intro.) of the statutes is amended to read:

SB77,1831,19 633.15 (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:

SB77, s. 4942 Section 4942. 633.15 (2) (c) of the statutes is created to read:

SB77,1832,2 633.15 (2) (c) Failure to pay support. The commissioner shall suspend, limit or refuse to renew a license issued under this section to an individual if the individual is delinquent in court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857.

SB77, s. 4943 Section 4943. 635.254 (3) of the statutes is amended to read:

SB77,1832,8 635.254 (3) For an eligible employe who obtains coverage under the health insurance risk-sharing plan under s. 619.12 149.12 (2) (e) 2., an employer under sub. (1) shall pay a premium contribution to the health insurance risk-sharing plan that is equal to the amount that the employer would pay on behalf of the employe for coverage under the plan under this subchapter.

SB77, s. 4944 Section 4944. 701.06 (5) (intro.) of the statutes is amended to read:

SB77,1832,15 701.06 (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:

SB77, s. 4945 Section 4945. 703.16 (6) (e) of the statutes is amended to read:

SB77,1832,17 703.16 (6) (e) A lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

SB77, s. 4946 Section 4946. 706.11 (1) (intro.) of the statutes is amended to read:

SB77,1832,23 706.11 (1) (intro.) Except as provided in sub. (4), when any of the following mortgages has been duly recorded, it shall have priority over all liens upon the mortgaged premises and the buildings and improvements thereon, except tax and special assessment liens filed after the recording of such mortgage and except liens under s. ss. 292.31 (8) (i), 292.41 (6) (d) and 292.81:

SB77, s. 4947 Section 4947. 707.37 (4) (d) of the statutes is amended to read:

SB77,1832,25 707.37 (4) (d) A lien under s. 292.31 (8) (i), 144.77 292.41 (6) (d) or 292.81.

SB77, s. 4948 Section 4948. 751.15 of the statutes is created to read:

SB77,1833,5 751.15 Rules regarding the practice of law. (1) The supreme court is requested to enter into a memorandum of understanding with the department of industry, labor and job development under s. 49.857 and with the department of revenue under s. 73.0301.

SB77,1833,11 (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 to the department of industry, labor and job development, for the purpose of administering s. 49.22, and to the department of revenue, for the purpose of making certifications under s. 73.0301.

SB77,1833,16 (3) (a) The supreme court is requested to promulgate rules that deny, suspend or revoke a license to practice law if the department of industry, labor and job development certifies that the applicant or licensee has failed to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

SB77,1833,19 (b) The supreme court is requested to promulgate rules that deny, suspend or revoke a license to practice law if the department of revenue certifies that the applicant or licensee is liable for delinquent taxes under s. 73.0301.

SB77,1833,22 (c) The supreme court is requested to promulgate rules that deny, suspend or revoke a license to practice law if the applicant or licensee fails to provide the information required under rules promulgated under sub. (2).

SB77, s. 4949 Section 4949. 757.69 (1) (n) of the statutes is created to read:

SB77,1833,25 757.69 (1) (n) Hold hearings, make findings and issue orders under s. 49.856 (4).

SB77, s. 4950 Section 4950. 758.19 (2) (a) of the statutes is renumbered 758.19 (2).

SB77, s. 4951 Section 4951. 758.19 (2) (b) of the statutes is repealed.

SB77, s. 4952 Section 4952. 758.19 (3) of the statutes is repealed.

SB77, s. 4953 Section 4953. 765.09 (2) of the statutes is amended to read:

SB77,1834,8 765.09 (2) No marriage license may be issued unless the application for it is subscribed by the parties intending to intermarry, contains the social security number of each party who has a social security number and is filed with the clerk who issues the marriage license.

SB77, s. 4954 Section 4954. 765.09 (3) of the statutes is amended to read:

SB77,1835,2 765.09 (3) Each party shall present satisfactory, documentary proof of identification and residence and shall swear (or affirm) to the application before the clerk who is to issue the marriage license or the person authorized to accept such applications in the county and state where the party resides. The application shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services directs. The portion of the marriage application form that is collected for statistical purposes only shall indicate that the address of the marriage license applicant may be provided by a county clerk to a law enforcement officer under the conditions specified under s. 765.20 (2). Each applicant under 30 years of age shall exhibit to the clerk a certified copy of a birth certificate, and any applicants shall submit a copy of any judgments or a death certificate affecting the marital status. If such certificate or judgment is unobtainable, other satisfactory documentary proof of the requisite facts therein may be presented in lieu thereof. Whenever the clerk is not satisfied with the documentary proof presented, he or she shall submit the same, for an opinion as to the sufficiency of the proof, to a judge of a court of record in the county of application.

SB77, s. 4955 Section 4955. 765.13 of the statutes is amended to read:

SB77,1835,13 765.13 Form of marriage document. The marriage document shall contain such the social security number of each party, as well as any other informational items as that the department of health and family services determines are necessary and shall agree in the main with the standard form recommended by the federal agency responsible for national vital statistics. It shall contain a notification of the time limits of the authorization to marry, a notation that the issue of the marriage license shall not be deemed to remove or dispense with any legal disability, impediment or prohibition rendering marriage between the parties illegal, and the signature of the county clerk, who shall acquire the information for the marriage document and enter it in its proper place when the marriage license is issued.

SB77, s. 4956 Section 4956. 765.20 (2) of the statutes is amended to read:

SB77,1836,3 765.20 (2) A county clerk may provide the name of a marriage license applicant and, from the portion of the marriage application form that is collected for statistical purposes, as specified under sub. (1), may provide the address of the marriage license applicant to a law enforcement officer, as defined in s. 51.01 (11). A county clerk shall provide the name and, if it is available, the address, to a law enforcement officer who requests, in writing, the name and address for the performance of an investigation or the service of a warrant. A county clerk shall provide information requested under s. 49.22 (2m). If a county clerk has not destroyed the portion of the marriage license application form that is collected for statistical purposes, he or she shall keep the information on the portion confidential, except as authorized under this subsection. If a written request is made by a law enforcement officer under this subsection, the county clerk shall keep the request with the marriage license application form. If the county clerk destroys the marriage license application form, he or she shall also destroy the written request.

SB77, s. 4957 Section 4957. 767.001 (2) (b) of the statutes is amended to read:

SB77,1836,7 767.001 (2) (b) With respect to the department of health and family services or a county agency specified in s. 48.56 (1) or a licensed child welfare agency granted legal custody of a child, the rights and responsibilities specified under s. 48.02 (12).

SB77, s. 4958 Section 4958. 767.001 (7) of the statutes is repealed.

SB77, s. 4959 Section 4959. 767.02 (1) (m) of the statutes is amended to read:

SB77,1836,12 767.02 (1) (m) To enforce or revise an order for support entered under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2).

SB77, s. 4960 Section 4960. 767.025 (3) of the statutes is repealed.

SB77, s. 4961 Section 4961. 767.025 (4) of the statutes is amended to read:

SB77,1836,23 767.025 (4) If a petition, motion or order to show cause for enforcement or modification of a child support, family support or maintenance order is filed and heard, regardless of whether it is filed and heard in a county other than the county in which the original judgment or order was rendered, any judgment or order enforcing or modifying the original judgment or order shall specify the clerk of circuit court or support collection designee to whom that payments of support or maintenance are payable and the clerk of circuit court or support collection designee to whom, and payments of arrearages in support or maintenance, if any, are payable to the department or its designee, whichever is appropriate.

SB77, s. 4962 Section 4962. 767.045 (1) (c) (intro.) of the statutes is amended to read:

SB77,1837,6 767.045 (1) (c) (intro.) The attorney responsible for support enforcement under s. 59.53 (6) (a) may request that the court or family court commissioner appoint a guardian ad litem to bring an action or motion on behalf of a minor who is a nonmarital child whose paternity has not been adjudicated or acknowledged for the purpose of determining the paternity of the child, and the court or family court commissioner shall appoint a guardian ad litem, if any of the following applies:

SB77, s. 4963 Section 4963. 767.077 (intro.) of the statutes is amended to read:

SB77,1837,12 767.077 Support for dependent child. (intro.) The state or its delegate under s. 49.22 (7) shall bring an action for support of a minor child under s. 767.02 (1) (f) or, if appropriate, for paternity determination and child support under s. 767.45 whenever the child's right to support is assigned to the state under s. 46.261, 48.57 (3m) (b) 2., 49.145 (2) (s) or 49.19 (4) (h) 1. b. if all of the following apply:

SB77, s. 4964 Section 4964. 767.078 (1) (a) 1. of the statutes is amended to read:

SB77,1837,16 767.078 (1) (a) 1. Is an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).

SB77, s. 4965 Section 4965. 767.078 (2) of the statutes is amended to read:

SB77,1837,22 767.078 (2) Subsection (1) does not limit the authority of a court to issue an order, other than an order under sub. (1), regarding employment of a parent in an action for modification of a child support order under s. 767.32 or an action in which an order for child support is required under s. 767.25 (1) or, 767.51 (3) or 767.62 (4) (a).