SB45: Bill Text

SB45,1291,11 560.875 (1) Annually, the department shall grant to the Great Lakes inter-tribal council the amount appropriated under s. 20.143 (1) (df) (kf) to partially fund a program to provide technical assistance for economic development on Indian reservations if the conditions under subs. (2) and (3) are satisfied.

SB45, s. 3024 Section 3024. 565.02 (4) (g) of the statutes is created to read:

SB45,1291,17 565.02 (4) (g) Establishing a program to provide for additional compensation, above the compensation provided under s. 565.10 (14) (b) 1. or 2., to be paid to retailers who meet certain performance goals identified by the department. Under this program, the total compensation provided to retailers may not exceed 1.0% of the gross revenues from the sale of lottery tickets and lottery shares.

SB45, s. 3025 Section 3025. 565.10 (14) (b) 3m. of the statutes is created to read:

SB45,1291,22 565.10 (14) (b) 3m. The department may, in rules promulgated under s. 565.02 (4) (g), provide for additional compensation, above the compensation provided under subd. 1. or 2., to be paid to retailers who meet certain performance goals identified by the department.

SB45, s. 3026 Section 3026. 569.01 (1m) (d) of the statutes is created to read:

SB45,1292,3 569.01 (1m) (d) Moneys received by the state from Indian tribes pursuant to an Indian gaming compact, except moneys received as direct reimbursements to the department of justice.

SB45, s. 3027 Section 3027. 569.06 of the statutes is amended to read:

SB45,1292,7 569.06 Indian gaming receipts. Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm) as specified under ss. 20.455 (2) (gc) and 20.505 (8) (h) and (hm).

SB45, s. 3028 Section 3028. 600.01 (1) (b) 10. of the statutes is created to read:

SB45,1292,13 600.01 (1) (b) 10. a. Except as provided in subd. 10. b., long-term care services funded by the family care benefit, as defined in s. 46.2805 (4), that are provided by a care management organization that contracts with the department of health and family services under s. 46.284 and enrolls only individuals who are eligible under s. 46.286.

SB45,1292,16 b. The exemption under subd. 10. a. does not apply if the services offered by the care management organization include hospital, physician or other acute health care services.

SB45, s. 3029 Section 3029. 601.31 (1) (k) 6. of the statutes is created to read:

SB45,1292,18 601.31 (1) (k) 6. Domestic mutual insurance holding companies, $100.

SB45, s. 3030 Section 3030. 601.31 (1) (L) 1. of the statutes is repealed.

SB45, s. 3031 Section 3031. 601.31 (1) (m) (intro.) of the statutes is renumbered 601.31 (1) (m) and amended to read:

SB45,1292,25 601.31 (1) (m) For regulating resident intermediaries and nonresident intermediaries, annually after the year in which the initial license is issued, amounts to be set by the commissioner by rule and paid at times and under procedures set by the commissioner, but not to exceed:.

SB45, s. 3032 Section 3032. 601.31 (1) (m) 1. of the statutes is repealed.

SB45, s. 3033 Section 3033. 601.31 (1) (m) 2. of the statutes is repealed.

SB45, s. 3034 Section 3034. 601.31 (1) (m) 3. of the statutes is renumbered 601.31 (1) (mc) and amended to read:

SB45,1293,8 601.31 (1) (mc) Holder For regulating a holder of a license to place business under s. 618.41, annually after the year in which the initial license is issued, an amount to be set by the commissioner by rule and paid at times and under procedures set by the commissioner, but not to exceed $100.

SB45, s. 3035 Section 3035. 601.31 (1) (o) of the statutes is amended to read:

SB45,1293,13 601.31 (1) (o) For examination of an applicant for a license as an insurance intermediary, an amount to be set by the commissioner by rule but not to exceed $50 and not to exceed the reasonably estimated average cost of the examination and investigation of an intermediary.

SB45, s. 3036 Section 3036. 609.23 of the statutes is created to read:

SB45,1293,17 609.23 Point-of-service coverage option. (1) In this section, "point-of-service coverage option" means a health care plan coverage option under which all of the following apply:

SB45,1293,19 (a) An insured may obtain health care services from a provider of his or her choice.

SB45,1293,21 (b) A provider selected under par. (a) is not necessarily a participating provider of the health care plan or a member of the health care plan's network of providers.

SB45,1293,24 (c) The health care plan reimburses a provider selected under par. (a) for the cost of services provided to the insured if the provider is appropriately licensed and the services provided are covered under the health care plan.

SB45,1294,3 (2) Notwithstanding ss. 609.05 (2) and 628.36 (2) (b) 1. and 3., a managed care plan shall offer to its enrollees at least one point-of-service coverage option in each geographic service area of the managed care plan.

SB45, s. 3037 Section 3037. 610.70 (1) (e) of the statutes, as created by 1997 Wisconsin Act 231, is amended to read:

SB45,1294,14 610.70 (1) (e) "Medical care institution" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium, adult family home, assisted living facility, rural medical center, hospice or other place licensed, certified or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09 , 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or under ch. 233 or licensed or certified by a county department under s. 50.032 or 50.033.

SB45, s. 3038 Section 3038. 631.20 (1) of the statutes is renumbered 631.20 (1) (a) and amended to read:

SB45,1294,23 631.20 (1) (a) No form subject to s. 631.01 (1), except as exempted under s. 631.01 (2) to (5) or by rule under par. (b), may be used unless it has been filed with and approved by the commissioner and unless the insurer certifies that the form complies with chs. 600 to 655 and rules promulgated under chs. 600 to 655. It is deemed approved if it is not disapproved within 30 days after filing, or within a 30-day extension of that period ordered by the commissioner prior to the expiration of the first 30 days.

SB45, s. 3039 Section 3039. 631.20 (1) (b) of the statutes is created to read:

SB45,1295,2 631.20 (1) (b) Subject to s. 655.24 (1), the commissioner may by rule exempt certain classes of policy forms from prior filing and approval.

SB45, s. 3040 Section 3040. 631.20 (3) of the statutes is amended to read:

SB45,1295,8 631.20 (3) Subsequent disapproval. Whenever the commissioner finds, after a hearing, that a form approved or deemed to be approved under sub. (1) (a) would be disapproved under sub. (2) if newly filed, the commissioner may order that on or before a date not less than 30 nor more than 90 days after the order the use of the form shall be discontinued or appropriate changes shall be made.

SB45, s. 3041 Section 3041. 631.20 (6) (a) of the statutes is amended to read:

SB45,1295,13 631.20 (6) (a) The penalties under s. 601.64 (3) to (5) may not be imposed against an insurer for using a form that does not comply with a statute or rule if the statute or rule was in effect on the date the form was approved or deemed to be approved under sub. (1) (a).

SB45, s. 3042 Section 3042. 631.20 (6) (b) of the statutes is amended to read:

SB45,1295,18 631.20 (6) (b) Use of a form that does not comply with a statute or rule which takes effect after the date the form was approved or deemed to be approved under sub. (1) (a) is a violation of the statute or rule, and the penalties under s. 601.64 may be imposed against the insurer using the form.

SB45, s. 3043 Section 3043. 631.36 (1) (a) of the statutes is amended to read:

SB45,1295,22 631.36 (1) (a) General. Except as otherwise provided in this section or in other statutes or by rule under par. (c), this section applies to all contracts of insurance based on forms which are subject to filing and approval under s. 631.20 (1) (a).

SB45, s. 3044 Section 3044. 632.745 (6) (a) 2m. of the statutes is created to read:

SB45,1295,24 632.745 (6) (a) 2m. A family care district under s. 46.2895.

SB45, s. 3045 Section 3045. 655.24 (1) of the statutes is amended to read:

SB45,1296,7 655.24 (1) No insurer may enter into or issue any policy of health care liability insurance until its policy form has been submitted to and approved by the commissioner under s. 631.20 (1) (a). The filing of a policy form by any insurer with the commissioner for approval shall constitute, on the part of the insurer, a conclusive and unqualified acceptance of all provisions of this chapter, and an agreement by it to be bound hereby as to any policy issued by it to any health care provider.

SB45, s. 3046 Section 3046. 655.275 (10) of the statutes is amended to read:

SB45,1296,13 655.275 (10) Members' and consultants' expenses. Any Notwithstanding s. 15.09 (6), any person serving on the council and any person consulting with the council under sub. (5) (b) shall be paid $50 for each day's actual attendance at council meetings, plus actual and necessary travel expenses at a rate established by the commissioner by rule.

SB45, s. 3047 Section 3047. 700.24 of the statutes is amended to read:

SB45,1296,21 700.24 Death of a joint tenant; effect of liens. A real estate mortgage, a security interest under ch. 409, or a lien under s. 72.86 (2), 1985 stats., or s. 71.91 (5) (b), ch. 49 or 779 or rules promulgated under s. 46.286 (7) on or against the interest of a joint tenant does not defeat the right of survivorship in the event of the death of such joint tenant, but the surviving joint tenant or tenants take the interest such deceased joint tenant could have transferred prior to death subject to such mortgage, security interest or statutory lien.

SB45, s. 3048 Section 3048. 701.065 (1) (b) 1. of the statutes is amended to read:

SB45,1297,3 701.065 (1) (b) 1. The claim is a claim based on tort, on a marital property agreement that is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income, franchise, sales, withholding, gift or death taxes, or on unemployment compensation contributions due or benefits overpaid,; a claim for funeral or administrative expenses,; a claim of this state under s. 46.27 (7g), 49.496 or 49.682 or rules promulgated under s. 46.286 (7); or a claim of the United States.

SB45, s. 3049 Section 3049. 705.04 (2g) of the statutes is amended to read:

SB45,1297,14 705.04 (2g) Notwithstanding subs. (1) and (2), the department of health and family 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), an amount equal to aid under 49.68, 49.683 or 49.685 that is recoverable under s. 49.682 (2) (a) or, an amount equal to long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of the decedent or the decedent's spouse or an amount equal to the family care benefit under s. 46.286 that is recoverable under rules promulgated under s. 46.286 (7) and that was paid on behalf of the decedent or the decedent's spouse.

SB45, s. 3050 Section 3050. 709.01 (1) of the statutes is amended to read:

SB45,1297,21 709.01 (1) Except as provided in sub. (2), all persons who transfer real property located in this state, including a condominium unit, as defined in s. 703.02 (15), and time-share property, as defined in s. 707.02 (32), but excluding property that has not been inhabited, that includes 1 to 4 dwelling units, as defined in s. 101.61 (1), by sale, exchange or land contract, unless the transfer is exempt from the real estate transfer fee under s. 77.25, shall comply with ss. 709.02 to 709.04 and 709.06.

SB45, s. 3051 Section 3051. 767.075 (1) (c) of the statutes is amended to read:

SB45,1297,25 767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19 or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under s. 49.124 or under ss. 49.141 to 49.161.

SB45, s. 3052 Section 3052. 767.078 (1) (b) (intro.) of the statutes is amended to read:

SB45,1298,4 767.078 (1) (b) (intro.) Except as provided in par. (c) or (d), in a case involving a dependent child, if the child's parent who is absent from the home is not employed, the court shall order that parent to do one or more of the following:

SB45, s. 3053 Section 3053. 767.078 (1) (c) of the statutes is amended to read:

SB45,1298,7 767.078 (1) (c) An order is not required under par. (b) or (d) if the court makes written findings that there is good cause for not issuing the order.

SB45, s. 3054 Section 3054. 767.078 (1) (d) of the statutes is repealed.

SB45, s. 3055 Section 3055. 767.265 (1) of the statutes, as affected by 1997 Wisconsin Act 191, section 411, is amended to read:

SB45,1299,2 767.265 (1) Each order for child support under this chapter, for maintenance payments under s. 767.23 or 767.26, for family support under this chapter, for costs ordered under s. 767.51 (3) or 767.62 (4) (a), for support by a spouse under s. 767.02 (1) (f) or, for maintenance payments under s. 767.02 (1) (g) or for the annual receiving and disbursing fee under s. 767.29 (1) (d), each order for a revision in a judgment or order with respect to child support, maintenance or family support payments under s. 767.32, each stipulation approved by the court or the family court commissioner for child support under this chapter and each order for child or spousal support entered under s. 948.22 (7) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee. The assignment shall be for an amount sufficient to ensure payment under the order or stipulation and to pay any arrearages due at a periodic rate not to exceed 50% of the amount of support due under the order or stipulation so long as the addition of the amount toward arrearages does not leave the party at an income below the poverty line established under 42 USC 9902 (2).

SB45, s. 3056 Section 3056. 767.265 (1m) of the statutes is created to read:

SB45,1299,8 767.265 (1m) If a party's current obligation to pay maintenance, child support, spousal support or family support terminates but the party has an arrearage in the payment of one or more of those payments, the assignment shall continue in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.

SB45, s. 3057 Section 3057. 767.265 (1m) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1299,16 767.265 (1m) If a party's current obligation to pay maintenance, child support, spousal support or, family support or the annual receiving and disbursing fee terminates but the party has an arrearage in the payment of one or more of those payments, the assignment shall continue in effect, in an amount up to the amount of the assignment before the party's current obligation terminated, until the arrearage is paid in full.

SB45, s. 3058 Section 3058. 767.265 (2h) of the statutes is amended to read:

SB45,1300,10 767.265 (2h) If a court-ordered assignment, including the assignment specified under sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or family support payment within 10 days after its due date, within 20 days after the payment's due date the court or, family court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

SB45, s. 3059 Section 3059 . 767.265 (2h) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1301,5 767.265 (2h) If a court-ordered assignment, including the assignment specified under sub. (1) for the payment of any arrearages due, does not require immediately effective withholding and a payer fails to make a required maintenance, child support, spousal support or, family support or annual receiving and disbursing fee payment within 10 days after its due date, within 20 days after the payment's due date the court, family court commissioner or county child support agency under s. 59.53 (5) shall cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and shall send a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. Either party may, within 15 working days after the date of a decision by a family court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

SB45, s. 3060 Section 3060. 767.265 (2m) of the statutes is created to read:

SB45,1301,23 767.265 (2m) An obligation to pay unpaid fees under s. 767.29 (1) (dm) constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108, lottery prizes that are payable in instalments and other money due or to be due in the future to the department or its designee. The county child support agency under s. 59.53 (5) may cause the assignment to go into effect by providing notice of the assignment in the manner provided under sub. (2r) and sending a notice by regular mail to the last-known address of the payer. The notice sent to the payer shall inform the payer that an assignment is in effect and that the payer may, within a 10-day period, by motion request a hearing on the issue of whether the assignment should remain in effect. The court or family court commissioner shall hold a hearing requested under this subsection within 10 working days after the date of the request. If at the hearing the payer establishes that the assignment is not proper because of a mistake of fact, the court or family court commissioner may direct that the assignment be withdrawn. The payer or the county child support agency may, within 15 working days after the date of a decision by a family court commissioner under this subsection, seek review of the decision by the court with jurisdiction over the action.

SB45, s. 3061 Section 3061. 767.265 (2r) of the statutes, as affected by 1997 Wisconsin Act 191, section 414, is amended to read:

SB45,1302,16 767.265 (2r) Upon entry of each order for child support, maintenance, family support or, support by a spouse or the annual receiving and disbursing fee, and upon approval of each stipulation for child support, unless the court finds that income withholding is likely to cause the payer irreparable harm or unless s. 767.267 applies, the court, family court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment by regular mail or by facsimile machine, as defined in s. 134.72 (1) (a), or other electronic means to the last-known address of the person from whom the payer receives or will receive money. The notice shall provide that the amount withheld may not exceed the maximum amount that is subject to garnishment under 15 USC 1673 (b) (2). If the department or its designee, whichever is appropriate, does not receive the money from the person notified, the court, family court commissioner or county child support agency under s. 59.53 (5) shall provide notice of the assignment to any other person from whom the payer receives or will receive money. Notice under this subsection may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment.

SB45, s. 3062 Section 3062. 767.29 (1) (d) (intro.) and 1. of the statutes, as created by 1997 Wisconsin Act 27, are consolidated, renumbered 767.29 (1) (d) and amended to read:

SB45,1303,10 767.29 (1) (d) For receiving and disbursing maintenance, child support or family support payments, and for maintaining the records required under par. (c), the department or its designee shall collect an annual fee of $25 to be paid by each party ordered to make payments. The court or family court commissioner shall order each party ordered to make payments to pay the annual fee under this paragraph at the time of, and in addition to, the first payment to the department or its designee in each year for which payments are ordered. In directing the manner of payment of the annual fee, the court or family court commissioner shall order that the annual fee be withheld from income and sent to the department or its designee, as provided under s. 767.265. All fees collected under this paragraph shall be deposited in the appropriation account under s. 20.445 (3) (ja). At the time of ordering the payment of an annual fee under this paragraph, the court or family court commissioner shall notify each party ordered to make payments of the requirement to pay the annual fee and of the amount of the annual fee. If the annual fee under this section paragraph is not paid when due, the department or its designee may not deduct the annual fee from the maintenance or child or family support payment, but may do any of the following: 1. Move move the court for a remedial sanction under ch. 785.

SB45, s. 3063 Section 3063. 767.29 (1) (d) 2. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

SB45, s. 3064 Section 3064. 767.29 (1) (dm) of the statutes is created to read:

SB45,1304,3 767.29 (1) (dm) The department or its designee may collect any unpaid fees under s. 814.61 (12) (b), 1997 stats., that are shown on the department's automated payment and collection system on December 31, 1998, and shall deposit all fees collected under this paragraph in the appropriation account under s. 20.445 (3) (ja). The department or its designee may collect unpaid fees under this paragraph through income withholding under s. 767.265 (2m). If the department or its designee determines that income withholding is inapplicable, ineffective or insufficient for the collection of any unpaid fees under this paragraph, the department or its designee may move the court for a remedial sanction under ch. 785. The department or its designee may contract with or employ a collection agency or other person for the collection of any unpaid fees under this paragraph and, notwithstanding s. 20.930, may contract with or employ an attorney to appear in any action in state or federal court to enforce the payment obligation. The department or its designee may not deduct the amount of unpaid fees from any maintenance or child or family support payment.

SB45, s. 3065 Section 3065. 775.01 of the statutes is amended to read:

SB45,1304,11 775.01 Actions against state; bond. Upon Except as provided in s. 893.83, upon the refusal of the legislature to allow a claim against the state, the claimant may commence an action against the state by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

SB45, s. 3066 Section 3066. 778.02 of the statutes is amended to read:

SB45,1305,3 778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute and for the penalty assessment imposed by s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or delinquencies the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable enforcement assessment , any applicable consumer information assessment and any applicable domestic abuse assessment. If the defendant is a nonresident of the state, an attachment may issue.

SB45, s. 3067 Section 3067. 778.03 of the statutes is amended to read:

SB45,1305,13 778.03 Complaint to recover forfeited goods. In an action to recover property forfeited by any statute it shall be sufficient to allege in the complaint that the property has been forfeited, specifying the statute, with a demand of judgment for the delivery of the property, or the value thereof and for payment of the penalty assessment imposed by s. 165.87 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer information assessment imposed by s. 100.261 and any applicable domestic abuse assessment imposed by s. 973.055 (1).