SB77: Bill Text

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).

SB77, s. 4966 Section 4966. 767.08 (3) of the statutes is amended to read:

SB77,1838,8 767.08 (3) If the state or any subdivision thereof furnishes public aid to a spouse or dependent child for support and maintenance and the spouse, person with legal custody or nonlegally responsible relative fails or refuses to institute an appropriate court action under this chapter to provide for the same, the person in charge of county welfare activities, the county child support program designee agency under s. 59.53 (5) or the department is a real party in interest under s. 767.075 and shall initiate an action under this section, for the purpose of obtaining support and maintenance. Any attorney employed by the state or any subdivision thereof may initiate an action under this section. The title of the action shall be "In re the support or maintenance of A.B. (Child)".

SB77, s. 4967 Section 4967. 767.085 (1) (b) of the statutes is amended to read:

SB77,1838,12 767.085 (1) (b) The name and, birthdate and social security number of each minor child of the parties and each other child born to the wife during the marriage, and whether the wife is pregnant.

SB77, s. 4968 Section 4968. 767.15 (1) of the statutes is amended to read:

SB77,1838,21 767.15 (1) In any action affecting the family in which either party is a recipient of benefits under ss. 49.141 to 49.161 or aid under s. 46.261, 49.19 or 49.45, each party shall, either within 20 days after making service on the opposite party of any motion or pleading requesting the court or family court commissioner to order, or to modify a previous order, relating to child support, maintenance or family support, or before filing the motion or pleading in court, serve a copy of the motion or pleading upon the county child support program designee agency under s. 59.53 (5) of the county in which the action is begun.

SB77, s. 4969 Section 4969. 767.25 (1g) of the statutes is amended to read:

SB77,1839,2 767.25 (1g) In determining child support payments, the court may consider all relevant financial information or other information relevant to the parent's earning capacity, including information reported under s. 49.22 (2m) to the department, or the county child and spousal support agency, under s. 49.22 (2m) 59.53 (5).

SB77, s. 4970 Section 4970. 767.25 (4) of the statutes is amended to read:

SB77,1839,7 767.25 (4) The court shall order either party or both to pay for the support of any child of the parties who is less than 18 years old, or any child of the parties who is less than 19 years old and if the child is pursuing an accredited course of instruction leading to the acquisition of a high school diploma or its equivalent.

SB77, s. 4971 Section 4971. 767.25 (4m) (c) 1. of the statutes is amended to read:

SB77,1839,24 767.25 (4m) (c) 1. In directing the manner of payment of a child's health care expenses, the court may order that payment, including payment for health insurance premiums, be withheld from income and sent to the appropriate health care insurer, provider or plan, as provided in s. 767.265 (3h), or sent to the clerk of court or support collection department or its designee, whichever is appropriate, for disbursement to the person for whom the payment has been awarded if that person is not a health care insurer, provider or plan. If the court orders income withholding and assignment for the payment of health care expenses, the court shall send notice of assignment in the manner provided under s. 767.265 (2r) and may include the notice of assignment under this subdivision with a notice of assignment under s. 767.265. The clerk of court department or its designee, whichever is appropriate, shall keep a record of all moneys received and disbursed by the clerk department or its designee for health care expenses that are directed to be paid to the clerk and the support collection designee shall keep a record of all moneys received and disbursed by the support collection designee for health care expenses that are directed to be paid to the support collection department or its designee.

SB77, s. 4972 Section 4972. 767.25 (4m) (d) 2. of the statutes is amended to read:

SB77,1840,3 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county designee child support agency under s. 59.53 (5).

SB77, s. 4973 Section 4973 . 767.25 (4m) (d) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1840,9 767.25 (4m) (d) 2. Provide family coverage of health care expenses for the child, if eligible for coverage, upon application by the parent, the child's other parent, the department or the county child support agency under s. 59.53 (5), or upon receiving a notice under par. (f) 1.