AB40: Bill Text

AB40,972,14 202.22 (6) Professional employer group registration. Except as provided in sub. (7) (b), 2 or more professional employer organizations that are part of a professional employer group may register under this section or renew a registration by providing the information required under sub. (2), (4), or (5) on a combined or consolidated basis, paying the initial credential registration or renewal fee determined by the department under s. 440.03 (9) (a) 202.08, and guaranteeing each other's obligations. If a professional employer group provides a combined or consolidated financial statement under sub. (2) (f) 1. that includes the financial condition of entities that are not part of the professional employer group, the controlling person controlling the professional employer group shall guarantee the obligations of the professional employer organizations in the professional employer group.

AB40,2246 Section 2246. 461.02 (7) of the statutes is renumbered 202.22 (7), and 202.22 (7) (a), (b) and (c), as renumbered, are amended to read:

AB40,972,23 202.22 (7) (a) The department shall by rule provide for registration of a professional employer organization or professional employer group on acceptance by the department of a registration form, financial statement, or any other information or documentation required under sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095 or 202.26 in the form of an electronic record, as defined in s. 137.11 (7) and, if a signature is required, on acceptance of an electronic signature, as defined in s. 137.11 (8).

AB40,973,7 (b) The department may by rule provide for registration of a professional employer organization or professional employer group without compliance with sub. (2), (4), (5), or (6), s. 461.03 202.23, or rules promulgated under s. 461.06 202.095 or 202.26 on acceptance by the department of assurance, provided by a bonded, independent, and qualified assurance organization that has been approved by the department, that provides assurance satisfactory to the department that the professional employer organization or professional employer group is qualified to operate as a professional employer organization or a professional employer group in this state.

AB40,973,15 (c) This subsection does not limit the authority of the department to require a professional employer organization or professional employer group to register as provided in sub. (2), (4), (5), or (6), to maintain proof of financial capability as required under s. 461.03 202.23, or to comply with this chapter and the rules promulgated under s. 461.06 202.095 or 202.26; to investigate an applicant or registrant and deny registration or renewal registration under sub. (8), or to investigate an applicant, registrant. or controlling person and take disciplinary action under s. 461.05 202.06.

AB40,2247 Section 2247. 461.02 (8) of the statutes is renumbered 202.22 (8) and amended to read:

AB40,974,3 202.22 (8) Issuance of registration. The department shall investigate each applicant or registrant who submits to the department an application for registration or registration renewal under this section, together with the applicable registration or registration renewal fee, to determine whether the applicant or registrant is qualified for registration or for renewal registration. Except as provided in s. 440.12 and 440.13 ss. 202.03 and 202.035, the department shall issue a registration or renewal registration if, after completing the investigation, the department determines that the applicant or registrant meets the applicable requirements under this chapter and rules promulgated under s. 461.06 202.095 or 202.26 for issuance or renewal of a registration and is satisfied that the applicant or registrant will comply with this chapter and those rules.

AB40,2248 Section 2248. 461.02 (9) of the statutes is renumbered 202.22 (9).

AB40,2249 Section 2249. 461.03 of the statutes is renumbered 202.23 and amended to read:

AB40,974,9 202.23 Financial capability. Except as provided in s. 461.02 202.22 (5) (e) or (7) (b), a professional employer organization or professional employer group shall maintain one of the following:

AB40,974,23 (1) Working capital requirement. Working capital, as defined by generally accepted accounting principals, of not less than $100,000, as shown in the financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6). If a professional employer organization or professional employer group has less than $100,000 in working capital, the department may issue a registration or renewal registration contingent on the registrant meeting the working capital requirement of this subsection no later than 180 days after the issuance of the registration or renewal registration. During the period of contingent registration, the registrant shall submit quarterly financial statements to the department accompanied by an attestation by the chief executive officer of the registrant that all wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, and other amounts that are payable to or with respect to an employee of the registrant performing services for a client were paid by the registrant when due.

AB40,975,19 (2) Alternative commitment. A bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than $100,000 or, if the financial statement submitted to the department under s. 461.02 202.22 (2) (f) 1., (4), or (6) indicates a deficit in working capital, a bond, certificate of deposit, escrow account, or irrevocable letter of credit in an amount that is not less than $100,000 plus an amount that is sufficient to cover that deficit. The commitment described in this subsection shall be in a form approved by the department, shall be held in a depository designated by the department, and shall secure the payment by the professional employer organization or professional employer group of any wages, salaries, employee benefits, worker's compensation insurance premiums, payroll taxes, unemployment insurance contributions, or other amounts that are payable to or with respect to an employee performing services for a client if the professional employer organization or professional employer group does not make those payments when due. The commitment shall be established in favor of or be made payable to the department, for the benefit of the state and any employee to whom or with respect to whom the professional employer organization or professional employer group does not make a payment described in this subsection when due. The professional employer organization or professional employer group shall file with the department any agreement, instrument, or other document that is necessary to enforce the commitment against the professional employer organization or professional employer group, or against any relevant 3rd party, or both.

AB40,2250 Section 2250. 461.04 of the statutes is renumbered 202.24, and 202.24 (3), as renumbered, is amended to read:

AB40,976,2 202.24 (3) Licensing. Nothing in this chapter subchapter or in any contract for the provision of the nontemporary, ongoing workforce of a client may be construed to affect or impair any federal, state, or local licensing, registration, or certification requirement that is applicable to a client or to an employee performing services for a client.

AB40,2251 Section 2251. 461.05 of the statutes is repealed.

AB40,2252 Section 2252. 461.06 of the statutes is renumbered 202.26, and 202.26 (intro.), (1) and (3), as renumbered, are amended to read:

AB40,976,8 202.26 Rules. (intro.) The rules the department shall promulgate rules to promulgates under s. 202.095 that implement this chapter. Those rules subchapter shall include rules providing for all of the following:

AB40,976,10 (1) Alternative registration of professional employer organizations under s. 461.02 202.22 (7) (a) and (b).

AB40,976,12 (3) Minimum requirements for issuance or renewal of a registration under s. 461.02 202.22 (8).

AB40,2253 Section 2253. 461.10 of the statutes is renumbered 202.29 and amended to read:

AB40,976,16 202.29 Short title. This chapter subchapter shall be known as the "Wisconsin Professional Employer Organizations Act."

AB40,2254 Section 2254. 562.025 (1) (intro.) of the statutes is amended to read:

AB40,976,24 562.025 (1) (intro.) No employee in the division of gaming who performs any duty related to racing or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:

AB40,2255 Section 2255. 563.05 (5) (intro.) of the statutes is amended to read:

AB40,977,7 563.05 (5) (intro.) No employee in the division of gaming who performs any duty related to bingo or raffles or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of administration and no member of such a person's immediate family, as defined in s. 19.42 (7), may, while that person is employed or serves in such a capacity or for 2 years following the termination of his or her employment with the department after having served in such a capacity, do any of the following:

AB40,2256 Section 2256. Chapter 564 of the statutes is repealed.

AB40,2257 Section 2257. 565.01 (4n) of the statutes is created to read:

AB40,977,10 565.01 (4n) "Personal representative" has the meaning given in s. 851.23.

AB40,2258 Section 2258. 565.05 (1) (intro.) of the statutes is amended to read:

AB40,977,14 565.05 (1) (intro.) No employee in the lottery division of the department or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of revenue may do any of the following:

AB40,2259 Section 2259. 565.05 (1) (a) of the statutes is amended to read:

AB40,977,19 565.05 (1) (a) Have a direct or indirect interest in, or be employed by, any vendor while serving as an employee in the lottery division of the department or as the executive assistant or as secretary or, deputy secretary, or assistant deputy secretary of revenue or for 2 years following the person's termination of service.

AB40,2260 Section 2260. 565.17 (5) (a) of the statutes is amended to read:

AB40,977,24 565.17 (5) (a) No employee in the lottery division of the department or the executive assistant or the secretary or, deputy secretary, or assistant deputy secretary of revenue and no member of such a person's immediate family, as defined in s. 19.42 (7), may purchase a lottery ticket or lottery share.

AB40,2261 Section 2261. 565.30 (1) of the statutes is renumbered 565.30 (1) (a) and amended to read:

AB40,978,8 565.30 (1) (a) The administrator shall direct the payment of a prize, in the form elected under s. 565.28, if applicable, to the holder of the winning lottery ticket or lottery share or to a person designated under sub. (2), except that a prize may be paid to another person under a court order or, upon the death of a prize winner, any prize money that has not been paid shall be paid to the prize winner's estate of a deceased prize winner.

AB40,978,12 (e) The department, administrator, state and any contractor for materials, equipment or services of the game in which the prize is won are discharged of all liability upon payment of the prize to the holder of a winning lottery ticket or lottery share.

AB40,2262 Section 2262. 565.30 (1) (b) of the statutes is created to read:

AB40,978,20 565.30 (1) (b) If prize money, other than prize money from a multijurisdictional lottery, is being paid in the form of an annuity to a person at the time of his or her death, and if the personal representative of the deceased person's estate petitions the administrator within 18 months after the effective date of this paragraph .... [LRB inserts date], or within 18 months after the date of death of the person, whichever is later, to have the remaining prize money paid in the form of a lump sum, the administrator shall direct that the payment be made as a lump sum.

AB40,2263 Section 2263. 565.30 (1) (c) of the statutes is created to read:

AB40,979,3 565.30 (1) (c) If prize money, other than prize money from a multijurisdictional lottery, is being paid in the form of an annuity to a person, other than a prize winner, and if the person petitions the administrator within 18 months after the effective date of this paragraph .... [LRB inserts date], or within 18 months after the date of the receipt of the first annuity payment by the person, whichever is later, to have the remaining prize money paid in the form of a lump sum, the administrator shall direct that the payment be made in a lump sum.

AB40,2264 Section 2264. 565.30 (1) (d) of the statutes is created to read:

AB40,979,6 565.30 (1) (d) The administrator shall establish a procedure for submitting petitions under pars. (b) and (c).

AB40,2265 Section 2265. 601.415 (10) of the statutes is amended to read:

AB40,979,9 601.415 (10) Petroleum product storage remedial action program rules. The commissioner shall promulgate the rules required under s. 101.143 292.63 (1m).

AB40,2266 Section 2266. 632.697 of the statutes is created to read:

AB40,979,18 632.697 Benefits subject to department's right to recover. Death benefits payable under a life insurance policy or an annuity are subject to the right of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682, or 49.849 an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 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 deceased policyholder or annuitant.

AB40,2267 Section 2267. 635.02 (7) (b) 3. of the statutes is amended to read:

AB40,979,23 635.02 (7) (b) 3. A professional employer organization, as defined in s. 461.01 202.21 (5), or a professional employer group, as defined in s. 461.01 202.21 (4), that provides health care benefits to more than 50 employees performing services for a client, as defined in s. 461.01 202.21 (2).

AB40,2268 Section 2268. 700.24 of the statutes is amended to read:

AB40,980,7 700.24 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), or 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.

AB40,2269 Section 2269. 701.065 (1) (b) 1. of the statutes is amended to read:

AB40,980,15 701.065 (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) 49.849; or a claim of the United States.

AB40,2270 Section 2270. 701.065 (5) of the statutes is created to read:

AB40,980,18 701.065 (5) Claims of department of health services. (a) Definitions. In this subsection:

AB40,980,19 1. "Department" means the department of health services.

AB40,980,20 2. "Long-term care program" has the meaning given in s. 49.496 (1) (bk).

AB40,981,6 (b) Living trusts. 1. Notwithstanding sub. (1) (a), if a settlor of a living trust, or if the predeceased spouse of a settlor of a living trust, at any time received any services provided as a benefit under a long-term care program, medical assistance under subch. IV of ch. 49, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, the trustee shall provide written notice to the department by registered or certified mail, within 30 days after the death of the settlor and before any property held in the trust is distributed. The notice shall include demographic information about the settlor and the settlor's predeceased spouse, if any, information about how to file a claim, a copy of the trust document, and documentation supporting the value of the trust on the settlor's date of death.

AB40,981,17 2. After the death of a settlor who, or whose predeceased spouse, received services, medical assistance, long-term community support services, or aid described in subd. 1., the department may recover under s. 46.27 (7g), 49.496, 49.682, or 49.849, from property held in the living trust immediately before the settlor's death, an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal to aid under s. 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 settlor or the settlor's predeceased spouse. The deadline for the department to file a claim for recovery under this subdivision shall be the date that is 4 months after the date of the trustee's notice under subd. 1.

AB40,981,25 3. Within 90 days after receipt of a claim for recovery from the department, a trustee under subd. 1. shall pay to the department any amount that the department may recover under subd. 2. If the trustee distributes property from the trust before the department makes a claim to the trustee for the recovery of any amount specified in subd. 2., the trustee shall provide the department with information about the distributed property and to whom it was distributed or transferred. The department is entitled to recover any amounts specified in subd. 2. from the persons to whom the property was distributed or transferred.

AB40,982,9 (c) Special needs or pooled trusts. 1. Notwithstanding sub. (1) (a), within 30 days after the death of a beneficiary under a trust described in 42 USC 1396p (d) (4) (A) or (C), the trustee shall provide written notice to the department by registered or certified mail. The notice shall include demographic information about the decedent, information about how to file a claim, a copy of the trust document, and documentation supporting the value of the decedent's property held in the trust on the decedent's date of death. Within 90 days after receipt of a claim from the department, the trustee shall repay the department for any medical assistance paid on behalf of the decedent, as required under the terms of the trust.

AB40,982,15 2. If a trustee under subd. 1. fails to comply with the notice and repayment requirements under subd. 1., the trustee is personally liable to the department for any costs the department incurs in recovering medical assistance amounts paid on behalf of the decedent from property distributed from the trust before any repayment is made and for any recoverable amounts that the department is unable to recover from persons to whom the property was distributed.

AB40,982,20 3. After the death of a beneficiary under a trust described in 42 USC 1396p (d) (4) (C), the trustee may retain up to 30 percent of the balance in the decedent's account, unless the trustee fails to comply with the notice and repayment requirements under subd. 1., in which case the trustee may not retain any of the balance in the decedent's account.

AB40,2271 Section 2271. 705.04 (2g) of the statutes is amended to read:

AB40,983,6 705.04 (2g) Notwithstanding subs. (1) and (2), the department of health 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 s. 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.

AB40,2272 Section 2272. 710.01 of the statutes is amended to read:

AB40,983,14 710.01 Aliens may acquire lands. Subject to the limitations of s. 710.02 an An alien may acquire and hold lands or any right thereto or interest therein by purchase, devise, or descent, and the alien may convey, mortgage, and devise the same; and if the alien shall die intestate the same shall descend to the alien's heirs; and in all cases such lands shall be held, conveyed, mortgaged, or devised or shall descend in like manner and with like effect as if such alien were a native citizen of the state or of the United States.

AB40,2273 Section 2273. 710.02 of the statutes is repealed.

AB40,2274 Section 2274. 710.03 of the statutes is amended to read:

AB40,983,21 710.03 Provision not retroactive. The title to any lands conveyed before May 3, 1887, or any lands which nonresident aliens may hold under s. 710.02, 2011 stats., conveyed since that date and before the effective date of this section .... [LRB inserts date], shall not be questioned nor in any manner affected by reason of the alienage of any person from or through whom such title may have been derived.

AB40,2275 Section 2275. 766.55 (2) (bm) of the statutes is created to read:

AB40,984,3 766.55 (2) (bm) An obligation incurred by a spouse that is recoverable under s. 46.27 (7g), 49.496, 49.682, or 49.849 may be satisfied from all property that was the property of that spouse immediately before that spouse's death and from all property that was marital property at any time within 5 years before that spouse applied for public assistance, as defined in s. 49.849 (1) (e), or while that spouse was eligible for public assistance, as defined in s. 49.849 (1) (e).

AB40,2276 Section 2276. 767.511 (6) (intro.) of the statutes is amended to read:

AB40,984,15 767.511 (6) Interest on arrearage. (intro.) A Subject to sub. (6m), a party ordered to pay child support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If Subject to sub. (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this subsection is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m) and except as required under federal statutes or regulations, the department or its designee shall apply all payments received for child support as follows:

AB40,2277 Section 2277. 767.511 (6m) of the statutes is created to read:

AB40,984,25 767.511 (6m) Pilot program on interest rate. The department may conduct a pilot program under which the interest that accrues on the amounts in arrears specified in sub. (6) and in s. 767.531 shall be at the rate of 0.5 percent per month instead of 1 percent per month. If the department conducts a pilot program under this subsection, the program may begin at any time after December 31, 2013, but shall end on June 30, 2015, and the new rate shall apply to interest that accrues during that time. At the end of the pilot program, if any, the interest rate shall revert to 1 percent per month, unless the department of administration approves the continuation of the lower rate.

AB40,2278 Section 2278. 767.531 (intro.) of the statutes is amended to read:

AB40,985,13 767.531 Family support. (intro.) The court may make a financial order designated "family support" as a substitute for child support orders under s. 767.511 and maintenance payment orders under s. 767.56. A Subject to s. 767.511 (6m), a party ordered to pay family support under this section shall pay simple interest at the rate of 1% per month on any amount in arrears that is equal to or greater than the amount of child support due in one month. If Subject to s. 767.511 (6m), if the party no longer has a current obligation to pay child support, interest at the rate of 1% per month shall accrue on the total amount of child support in arrears, if any. Interest under this section is in lieu of interest computed under s. 807.01 (4), 814.04 (4), or 815.05 (8) and is paid to the department or its designee under s. 767.57. Except as provided in s. 767.57 (1m), the department or its designee shall apply all payments received for family support as follows:

AB40,2279 Section 2279. 767.57 (1m) (intro.) of the statutes is amended to read:

AB40,985,21 767.57 (1m) Overpayment. (intro.) Notwithstanding ss. 767.511 (6) and 767.531, if If the department or its designee receives support or maintenance money that exceeds the amount due in the month in which it is received and the department or its designee determines that the excess amount is for support or maintenance due in a succeeding month, the department or its designee may hold the amount of overpayment that does not exceed the amount due in the next month for disbursement in the next month if any of the following applies:

AB40,2280 Section 2280. 788.01 of the statutes is amended to read:

AB40,986,7 788.01 Arbitration clauses in contracts enforceable. A provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part of the contract, or an agreement in writing between 2 or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable and enforceable except upon such grounds as exist at law or in equity for the revocation of any contract. This chapter shall not apply to contracts between employers and employees, or between employers and associations of employees, except as provided in s. 111.10, nor to agreements to arbitrate disputes under s. 101.143 292.63 (6s) or 230.44 (4) (bm).

AB40,2281 Section 2281. 813.12 (8) (a) of the statutes, as affected by 2011 Wisconsin Act 266, is amended to read:

AB40,986,15 813.12 (8) (a) Whoever knowingly violates a temporary restraining order or injunction issued under sub. (3) or (4) shall be fined not more than $10,000 or imprisoned for not more than 9 months or both, and may be subject to an order under s. 813.129 (1) (b). If the court issues an order under s. 813.129 (1) (b), the court shall report the violation to the department of corrections immediately upon the person's conviction.

AB40,2282 Section 2282. 813.125 (7) of the statutes, as affected by 2011 Wisconsin Act 266, is amended to read:

AB40,986,23 813.125 (7) Penalty. Whoever violates a temporary restraining order or injunction issued under this section shall be fined not more than $10,000 or imprisoned not more than 90 days 9 months or both, and may be subject to an order under s. 813.129 (1) (b). If the court issues an order under s. 813.129 (1) (b), the court shall report the violation to the department of corrections immediately upon the person's conviction.

AB40,2283 Section 2283. 813.129 (1) of the statutes, as created by 2011 Wisconsin Act 266, is repealed and recreated to read:

AB40,987,2 813.129 (1) A court may order a person to submit to global positioning system tracking if any of the following occurs:

AB40,987,4 (a) In a jurisdiction that has established a program under sub. (6), the court issues a temporary restraining order or injunction under s. 813.12 or 813.125.