SB21,4573
23Section
4573. 610.70 (1) (a) of the statutes is amended to read:
SB21,1685,224
610.70
(1) (a) "Health care provider" means any person licensed, registered,
25permitted or certified by the department of health services or the department of
1safety and professional services financial institutions and professional standards to
2provide health care services, items or supplies in this state.
SB21,4574
3Section
4574. 610.70 (1) (e) of the statutes is amended to read:
SB21,1685,114
610.70
(1) (e) "Medical care institution" means a facility, as defined in s. 647.01
5(4), or any hospital, nursing home, community-based residential facility, county
6home, county infirmary, county hospital, county mental health center, adult family
7home, assisted living facility, rural medical center, hospice or other place licensed,
8certified or approved by the department of health services under s. 49.70, 49.71,
949.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09
10or a facility under s. 45.50, 51.05, 51.06, or 252.10 or under ch.
36 or 233, or licensed
11or certified by a county department under s. 50.032 or 50.033.
SB21,4575
12Section
4575. 611.29 (1) of the statutes is amended to read:
SB21,1685,2013
611.29
(1) Right to amend articles. A stock corporation may amend its articles
14under ss. 180.0726, 180.1001 to 180.1007, 180.1706, 180.1707 and 180.1708 (4) and
15a mutual may amend its articles under ss. 181.1001, 181.1002 (1), 181.1003,
16181.1005 and 181.1006, except that papers required by those sections to be filed with
17the department of financial institutions
and professional standards shall instead be
18filed with the commissioner. Subject to sub. (3), the stock corporation or mutual may
19amend its articles in any desired respect including substantial changes of its original
20purposes. No amendment may be made contrary to s. 611.12 (1) to (3).
SB21,4576
21Section
4576. 611.72 (1) of the statutes is amended to read:
SB21,1686,222
611.72
(1) General. Subject to this section, ss. 180.1101, 180.1103 to 180.1106,
23180.1706, 180.1707, and 180.1708 (5) apply to the merger of a domestic stock
24insurance corporation or its parent insurance holding corporation, except that
1papers required by those sections to be filed with the department of financial
2institutions
and professional standards shall instead be filed with the commissioner.
SB21,4577
3Section
4577. 611.73 (1) (a) of the statutes is amended to read:
SB21,1686,74
611.73
(1) (a)
In general. Any 2 or more domestic mutuals may merge under
5the procedures of this section and ss. 181.1105 and 181.1106, except that papers
6required by those sections to be filed with the department of financial institutions
7and professional standards shall instead be filed with the commissioner.
SB21,4578
8Section
4578. 611.74 (1) of the statutes is amended to read:
SB21,1686,239
611.74
(1) Plan of dissolution. At least 60 days prior to the submission to
10shareholders or policyholders of any proposed voluntary dissolution of an insurance
11corporation under s. 180.1402 or 181.1401 the plan shall be filed with the
12commissioner. The commissioner may require the submission of additional
13information to establish the financial condition of the corporation or other facts
14relevant to the proposed dissolution. If the shareholders or policyholders adopt the
15resolution to dissolve, the commissioner shall, within 30 days after the adoption of
16the resolution, begin to examine the corporation. The commissioner shall approve
17the dissolution unless, after a hearing, the commissioner finds that it is insolvent or
18may become insolvent in the process of dissolution. Subject to chs. 600 to 645, upon
19approval, the corporation may dissolve under ss. 180.1402 to 180.1408 and 180.1706,
20or ss. 181.1401 to 181.1407, except that papers required by those sections to be filed
21with the department of financial institutions
and professional standards shall
22instead be filed with the commissioner. Upon disapproval, the commissioner shall
23petition the court for liquidation or for rehabilitation under ch. 645.
SB21,4579
24Section
4579. 611.76 (11) of the statutes is amended to read:
SB21,1687,4
1611.76
(11) Security regulation. The filing with the
division of securities 2department of financial institutions and professional standards of a certified copy of
3the plan of conversion as approved by the commissioner constitutes registration
4under s. 551.305 of the securities authorized to be issued thereunder.
SB21,4580
5Section
4580. 613.01 (8) (title) of the statutes is amended to read:
SB21,1687,76
613.01
(8) (title)
Department of financial institutions and professional
7standards.
SB21,4581
8Section
4581. 616.09 (1) (c) 2. of the statutes is amended to read:
SB21,1687,139
616.09
(1) (c) 2. In all actions commenced after May 11, 1980,
but before the
10effective date of this subdivision .... [LRB inserts date], in those provisions of ch. 185
11which apply under subd. 1. to plans authorized under s. 616.06, "department" shall
12be deemed to read "department of financial institutions and commissioner", except
13in s. 185.48, where "department" shall be deemed to read "commissioner".
SB21,4582
14Section
4582. 616.09 (1) (c) 3. of the statutes is created to read:
SB21,1687,1915
616.09
(1) (c) 3. In all actions commenced on or after the effective date of this
16subdivision .... [LRB inserts date], in those provisions of ch. 185 that apply under
17subd. 1. to plans authorized under s. 616.06, "department" shall be deemed to read
18"department of financial institutions and professional standards and commissioner,"
19except in s. 185.48, where "department" shall be deemed to read "commissioner."
SB21,4583
20Section
4583. 616.74 (1) (c) of the statutes is amended to read:
SB21,1688,221
616.74
(1) (c) A certificate from the department of financial institutions
and
22professional standards, if it is a nonprofit corporation, that it has complied with the
23corporation laws of this state; if it is a corporation the stock of which has been or is
24being sold to the general public, a certificate from the
division of securities
1department of financial institutions and professional standards that it has complied
2with the requirements of the securities law of this state.
SB21,4584
3Section
4584. 620.25 (2) of the statutes is amended to read:
SB21,1688,44
620.25
(2) This section does not apply to s.
234.26 235.0277.
SB21,4585
5Section
4585. 626.12 (3) of the statutes is amended to read:
SB21,1688,186
626.12
(3) Physical impairment. Rates or rating plans may not take into
7account the physical impairment of employees. Any employer who applies or
8promotes any oppressive plan of physical examination and rejection of employees or
9applicants for employment shall forfeit the right to experience rating. If the
10department of workforce development office determines that grounds exist for such
11forfeiture
it shall file with the commissioner the office shall provide the employer
12with a certified copy of its findings, which shall automatically suspend any
13experience rating credit for the employer. The
department office shall make the
14determination
as prescribed in
the same manner as the department of workforce
15development makes determinations under ss. 103.005 (5) (b) to (f), (6) to (11), (13) (b)
16to (d)
, and (16), so far as
such subsections those provisions are applicable, subject to
17review under ch. 227. Restoration of an employer to the advantages of experience
18rating shall be by the same procedure.
SB21,4586
19Section
4586. 626.32 (1) (a) of the statutes is amended to read:
SB21,1689,320
626.32
(1) (a)
General. Every insurer writing any insurance specified under
21s. 626.03 shall report its insurance in this state to the bureau at least annually, on
22forms and under rules prescribed by the bureau. The bureau shall file, under rules
23promulgated by the
department of workforce development
office, a record of such
24reports with
that department the office. No
such information
contained in those
25reports may be made public by the bureau or any of its employees except as required
1by law and in accordance with its rules. No
such information
contained in those
2reports may be made public by the
department of workforce development office or
3any of its employees except as authorized by the bureau.
SB21,4587
4Section
4587. 632.10 (1) of the statutes is amended to read:
SB21,1689,95
632.10
(1) "Building and safety standards" means the requirements of chs. 101
6and 145 and of any rule promulgated by the department
of safety and professional
7services of financial institutions and professional standards under ch. 101 or 145,
8and standards of a 1st class city relating to the health and safety of occupants of
9buildings.
SB21,4588
10Section
4588. 632.697 of the statutes is amended to read:
SB21,1689,18
11632.697 Benefits subject to department's right to recover. Death
12benefits payable under a life insurance policy or an annuity are subject to the right
13of the department of health services to recover under s. 46.27 (7g), 49.496, 49.682,
14or 49.849 an amount equal to the medical assistance that is recoverable under s.
1549.496 (3) (a), an amount equal to aid under s. 49.68, 49.683,
or 49.685
, or 49.785 that
16is recoverable under s. 49.682 (2) (a)
or (am), or an amount equal to long-term
17community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c)
181. and that was paid on behalf of the deceased policyholder or annuitant.
SB21,4589
19Section
4589. 632.745 (6) (a) 2. of the statutes is amended to read:
SB21,1689,2320
632.745
(6) (a) 2. A
municipality, as defined in s. 16.70 (8) county, city, village,
21town, school district, board of school directors, sewer district, drainage district,
22technical college district, or any other public or quasi-public corporation, officer,
23board, or other body having the authority to award public contracts.
SB21,4590
24Section
4590. 632.745 (6) (a) 2m. of the statutes is repealed.
SB21,4591
25Section
4591. 632.895 (10) (a) of the statutes is amended to read:
SB21,1690,8
1632.895
(10) (a) Except as provided in par. (b), every disability insurance policy
2and every health care benefits plan provided on a self-insured basis by a county
3board under s. 59.52 (11), by a city or village under s. 66.0137 (4), by a political
4subdivision
or technical college district under s. 66.0137 (4m), by a town under s.
560.23 (25), or by a school district under s. 120.13 (2) shall provide coverage for blood
6lead tests for children under 6 years of age, which shall be conducted in accordance
7with any recommended lead screening methods and intervals contained in any rules
8promulgated by the department of health services under s. 254.158.
SB21,4592
9Section
4592. 644.09 (2) of the statutes is amended to read:
SB21,1691,210
644.09
(2) Amendment of articles. A mutual holding company may amend its
11articles in the manner provided in ss. 181.1001, 181.1002 (1), 181.1003, 181.1005 and
12181.1006, except that papers required by those sections to be filed with the
13department of financial institutions
and professional standards shall instead be filed
14with the commissioner. The articles may be amended in any desired respect,
15including substantial changes of its original purposes, except that no amendment
16may be made that is contrary to sub. (1). In addition to the requirements of s.
17181.1005, the articles of amendment of a mutual holding company shall, if mail
18voting is used, state the number of members voting by mail and the number of such
19members voting for and against the amendment. No amendment may become
20effective until the articles of amendment have been filed with the commissioner. No
21amendment shall affect any existing cause of action in favor of or against such
22mutual holding company, any civil, criminal, administrative or investigatory
23proceeding to which the mutual holding company is a party or the existing rights of
24persons other than members. In the event that the corporate name is changed by
1amendment, no suit brought by or against such mutual holding company under its
2former name shall abate for that reason.
SB21,4593
3Section
4593. 645.47 (1) (a) of the statutes is amended to read:
SB21,1691,174
645.47
(1) (a)
General requirements. The liquidator shall give notice of the
5liquidation order as soon as possible by first class mail and either by telegram or
6telephone to the insurance commissioner of each jurisdiction in which the insurer is
7licensed to do business,
by first class mail and by telephone to the department of
8workforce development of this state if the insurer is or has been an insurer of
9worker's compensation, by first class mail to all insurance agents having a duty
10under s. 645.48, by first class mail to the director of state courts under s. 601.53 (1)
, 11if the insurer does a surety business
, and by first class mail at the last-known
12address to all persons known or reasonably expected from the insurer's records to
13have claims against the insurer, including all policyholders. The liquidator also shall
14publish a class 3 notice, under ch. 985, in a newspaper of general circulation in the
15county in which the liquidation is pending or in Dane County, the last publication to
16be not less than 3 months before the earliest deadline specified in the notice under
17sub. (2).
SB21,4594
18Section
4594. Chapter 648 of the statutes is repealed.
SB21,4595
19Section
4595. 705.04 (2g) of the statutes is amended to read:
SB21,1692,220
705.04
(2g) Notwithstanding subs. (1) and (2), the department of health
21services may collect, from funds of a decedent that are held by the decedent
22immediately before death in a joint account or a P.O.D. account, an amount equal to
23the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal
24to aid under s. 49.68, 49.683,
or 49.685
, or 49.785 that is recoverable under s. 49.682
25(2) (a)
or (am), or an amount equal to long-term community support services under
1s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1. and that was paid on behalf of
2the decedent or the decedent's spouse.
SB21,4596
3Section
4596. 751.12 (5) of the statutes is repealed.
SB21,4597
4Section
4597. 751.20 of the statutes is repealed.
SB21,4598
5Section
4598. 753.061 (5) of the statutes is repealed.
SB21,4599
6Section
4599. 757.84 of the statutes is created to read:
SB21,1692,11
7757.84 Judicial compensation commission. (1) Creation. There is
8created a judicial compensation commission consisting of members appointed by the
9supreme court. Members of the judicial compensation commission shall be
10reimbursed for expenses necessarily incurred as members of the judicial
11compensation commission.
SB21,1692,18
12(2) Review and recommendations. Biennially, the judicial compensation
13commission shall review the salaries of the justices of the supreme court, court of
14appeals judges, and judges of circuit court. Not later than December 1 of each
15even-numbered year, the judicial compensation commission shall submit a written
16report to the governor and the joint committee on employment relations. The report
17shall include recommendations on salaries of the justices of the supreme court, court
18of appeals judges, and judges of circuit court.
SB21,1692,20
19(3) Staff. The director of state courts shall provide staff and support services
20to the judicial compensation commission.
SB21,4600
21Section
4600. 758.13 of the statutes is repealed.
SB21,4601
22Section
4601. 758.19 (5) of the statutes is repealed and recreated to read:
SB21,1692,2523
758.19
(5) From the appropriation under s. 20.625 (1) (cg), the director of state
24courts shall make payments to counties for circuit court costs. The director of state
25courts shall define "circuit court costs" for purposes of this subsection.
SB21,4602
1Section
4602. 758.19 (6) of the statutes is repealed.
SB21,4603
2Section
4603. 758.19 (8) of the statutes is repealed.
SB21,4604
3Section
4604. 766.565 (7) of the statutes is amended to read:
SB21,1693,74
766.565
(7) With respect to consumer credit transactions, the
division of
5banking department of financial institutions and professional standards may
6promulgate rules to interpret this chapter and chs. 421 to 427, consistent with the
7purposes and policies of this chapter and chs. 421 to 427.
SB21,4605
8Section
4605. 767.75 (1f) of the statutes is amended to read:
SB21,1693,189
767.75
(1f) Payment order as assignment of income. A payment order
10constitutes an assignment of all commissions, earnings, salaries, wages, pension
11benefits,
income continuation insurance benefits under s. 40.62, duty disability
12benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable
13in installments, and other money due or to be due in the future to the department
14or its designee. The assignment shall be for an amount sufficient to ensure payment
15under the order, obligation, or stipulation and to pay any arrearages due at a periodic
16rate not to exceed 50% of the amount of support due under the order, obligation, or
17stipulation so long as the addition of the amount toward arrearages does not leave
18the party at an income below the poverty line established under
42 USC 9902 (2).
SB21,4606
19Section
4606. 767.75 (2m) (a) 1. of the statutes is amended to read:
SB21,1693,2520
767.75
(2m) (a) 1. An obligation to pay unpaid fees under s. 767.57 (1e) (b) 1m.
21constitutes an assignment of all commissions, earnings, salaries, wages, pension
22benefits,
income continuation insurance benefits under s. 40.62, duty disability
23benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable
24in installments, and other money due or to be due in the future to the department
25or its designee.
SB21,4607
1Section
4607. 767.75 (2m) (a) 2. of the statutes is amended to read:
SB21,1694,72
767.75
(2m) (a) 2. An obligation to pay unpaid fees under s. 767.57 (1e) (b) 2m.
3constitutes an assignment of all commissions, earnings, salaries, wages, pension
4benefits,
income continuation insurance benefits under s. 40.62, duty disability
5benefits under s. 40.65, benefits under ch. 102 or 108, lottery prizes that are payable
6in installments, and other money due or to be due in the future to the clerk of court
7to whom the fees are owed, or to his or her successor.
SB21,4608
8Section
4608. 778.25 (1) (a) 5. of the statutes is repealed.
SB21,4609
9Section
4609. 779.14 (1) (b) of the statutes is amended to read:
SB21,1694,1310
779.14
(1) (b) With respect to contracts entered into under s. 84.06 (2)
or (2m) 11for highway improvements, any person who has a direct contractual relationship,
12expressed or implied, with the prime contractor to perform, furnish, or procure labor,
13services, materials, plans, or specifications.
SB21,4610
14Section
4610. 779.14 (2) (a) 3. of the statutes is amended to read:
SB21,1694,2015
779.14
(2) (a) 3. With respect to contracts entered into under s. 84.06 (2)
or (2m) 16for highway improvements, failure of the prime contractor to comply with a contract,
17whether express or implied, with a subcontractor, supplier, or service provider of the
18prime contractor for performing, furnishing, or procuring labor, services, materials,
19plans, or specifications for the purpose of making the highway improvement that is
20the subject of the contract with the governmental entity.
SB21,4611
21Section
4611. 813.05 (2) of the statutes is amended to read:
SB21,1695,222
813.05
(2) In an action against an insurance company or fraternal benefit
23society for an injunction or a receiver the
commissioner of insurance department of
24financial institutions and professional standards shall be notified. Mailing a copy
25of such notice addressed to the
commissioner of insurance secretary, or department,
1of financial institutions and professional standards at Madison, Wisconsin, shall be
2sufficient service.
SB21,4612
3Section
4612. 813.16 (7) of the statutes is amended to read:
SB21,1695,114
813.16
(7) If the person seeking the appointment of a receiver under sub. (1)
5is a savings and loan association or savings bank supervised by the
division of
6banking department of financial institutions and professional standards or a
7corporation supervised by the home loan bank board, federal office of thrift
8supervision, federal deposit insurance corporation, or resolution trust corporation,
9the court, unless the opposing party objects, shall appoint an officer of such
10corporation as receiver to act without compensation and to give such bond as the
11court requires.
SB21,4613
12Section
4613. 814.61 (1) (c) 1m. of the statutes is created to read:
SB21,1695,1513
814.61
(1) (c) 1m. An action under s. 767.805 (3) that is brought by the state
14or its delegate or commenced on behalf of the child by an attorney appointed under
15s. 767.407.
SB21,4614
16Section
4614. 814.63 (1) (b) of the statutes is renumbered 814.63 (1).
SB21,4615
17Section
4615. 814.63 (1) (c) of the statutes is repealed.
SB21,4616
18Section
4616. 814.63 (3m) (a) of the statutes is amended to read:
SB21,1695,2419
814.63
(3m) (a) Except as provided in par. (d), if a defendant is required to
20appear in court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the
21court shall impose and collect from the defendant any costs charged to or paid by a
22law enforcement agency for the withdrawal of the defendant's blood if the court finds
23that the defendant violated s. 23.33 (4c), 30.681,
114.09, 346.63, or 350.101, or a local
24ordinance in conformity therewith.
SB21,4617
25Section
4617. 814.63 (5) of the statutes is amended to read:
SB21,1696,5
1814.63
(5) Of the fees received by the clerk under sub. (1)
(b), the county
2treasurer shall pay $17.50 to the secretary of administration for deposit in the
3general fund and shall retain the balance for the use of the county. The secretary of
4administration shall credit $5 of the $17.50 to the appropriation under s. 20.680 (2)
5(j).
SB21,4618
6Section
4618. 814.65 (4m) (a) of the statutes is amended to read:
SB21,1696,127
814.65
(4m) (a) Except as provided in par. (d), if a defendant is required to
8appear in municipal court, in addition to any forfeiture, costs, fees, or surcharges it
9imposes, the municipal court shall impose and collect from the defendant any costs
10charged to or paid by a law enforcement agency for the withdrawal of the defendant's
11blood if the court finds that the defendant violated a local ordinance in conformity
12with s. 23.33 (4c), 30.681,
114.09, 346.63, or 350.101.
SB21,4619
13Section
4619. 814.75 (8r) of the statutes is created to read:
SB21,1696,1414
814.75
(8r) The crime prevention funding board surcharge under s. 973.0455.
SB21,4620
15Section
4620. 814.76 (4m) of the statutes is created to read:
SB21,1696,1616
814.76
(4m) The crime prevention funding board surcharge under s. 973.0455.
SB21,4621
17Section
4621. 814.86 (1) of the statutes is amended to read:
SB21,1696,2418
814.86
(1) Except for an action for a financial responsibility violation under s.
19344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
20under s. 347.48 (2m), the The clerk of circuit court shall charge and collect a $21.50
21justice information system surcharge from any person, including any governmental
22unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am),
23814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system
24surcharge is in addition to the surcharge listed in sub. (1m).