SB70: Bill Text

SB70,3121 Section 3121 . 655.002 (1) (em) of the statutes is amended to read:

SB70,1633,8 655.002 (1) (em) Any organization or enterprise not specified under par. (d) or (e) that is organized and operated in this state for the primary purpose of providing the medical services of physicians or nurse anesthetists advanced practice registered nurses.

SB70,3122 Section 3122 . 655.002 (2) (a) of the statutes is amended to read:

SB70,1633,13 655.002 (2) (a) A physician or nurse anesthetist advanced practice registered nurse for whom this state is a principal place of practice but who practices his or her profession fewer than 241 hours in a fiscal year, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession.

SB70,3123 Section 3123 . 655.002 (2) (b) of the statutes is amended to read:

SB70,1633,21 655.002 (2) (b) Except as provided in sub. (1) (b), a physician or nurse anesthetist advanced practice registered nurse for whom this state is not a principal place of practice, for a fiscal year, or a portion of a fiscal year, during which he or she practices his or her profession in this state. For a health care provider who elects to be subject to this chapter under this paragraph, this chapter applies only to claims arising out of practice that is in this state and that is outside the scope of an exemption under s. 655.003 (1) or (3).

SB70,3124 Section 3124 . 655.003 (1) of the statutes is amended to read:

SB70,1634,2 655.003 (1) A physician or a nurse anesthetist an advanced practice registered nurse who is a state, county or municipal employee, or federal employee or contractor covered under the federal tort claims act, as amended, and who is acting within the scope of his or her employment or contractual duties.

SB70,3125 Section 3125 . 655.003 (3) of the statutes is amended to read:

SB70,1634,10 655.003 (3) Except for a physician or nurse anesthetist an advanced practice registered nurse who meets the criteria under s. 146.89 (5) (a), a physician or a nurse anesthetist an advanced practice registered nurse who provides professional services under the conditions described in s. 146.89, with respect to those professional services provided by the physician or nurse anesthetist advanced practice registered nurse for which he or she is covered by s. 165.25 and considered an agent of the department, as provided in s. 165.25 (6) (b).

SB70,3126 Section 3126 . 655.005 (2) (a) of the statutes is amended to read:

SB70,1634,16 655.005 (2) (a) An employee of a health care provider if the employee is a physician or a nurse anesthetist an advanced practice registered nurse or is a health care practitioner who is providing health care services that are not in collaboration with a physician under s. 441.15 (2) (b) or under the direction and supervision of a physician or nurse anesthetist advanced practice registered nurse.

SB70,3127 Section 3127 . 655.005 (2) (b) of the statutes is amended to read:

SB70,1635,2 655.005 (2) (b) A service corporation organized under s. 180.1903 by health care professionals, as defined under s. 180.1901 (1m), if the board of governors determines that it is not the primary purpose of the service corporation to provide the medical services of physicians or nurse anesthetists advanced practice registered nurses. The board of governors may not determine under this paragraph that it is not the primary purpose of a service corporation to provide the medical services of physicians or nurse anesthetists advanced practice registered nurses unless more than 50 percent of the shareholders of the service corporation are neither physicians nor nurse anesthetists advanced practice registered nurses.

SB70,3128 Section 3128 . 655.23 (5m) of the statutes is amended to read:

SB70,1635,7 655.23 (5m) The limits set forth in sub. (4) shall apply to any joint liability of a physician or nurse anesthetist an advanced practice registered nurse and his or her corporation, partnership, or other organization or enterprise under s. 655.002 (1) (d), (e), or (em).

SB70,3129 Section 3129 . 655.27 (3) (a) 4. of the statutes is amended to read:

SB70,1635,12 655.27 (3) (a) 4. For a health care provider described in s. 655.002 (1) (d), (e), (em), or (f), risk factors and past and prospective loss and expense experience attributable to employees of that health care provider other than employees licensed as a physician or nurse anesthetist an advanced practice registered nurse.

SB70,3130 Section 3130 . 655.27 (3) (b) 2m. of the statutes is amended to read:

SB70,1635,19 655.27 (3) (b) 2m. In addition to the fees and payment classifications described under subds. 1. and 2., the commissioner, after approval by the board of governors, may establish a separate payment classification for physicians satisfying s. 655.002 (1) (b) and a separate fee for nurse anesthetists advanced practice registered nurses satisfying s. 655.002 (1) (b) which take into account the loss experience of health care providers for whom Michigan is a principal place of practice.

SB70,3131 Section 3131 . 655.275 (2) of the statutes is amended to read:

SB70,1636,6 655.275 (2) Appointment. The board of governors shall appoint the members of the council. Section 15.09, except s. 15.09 (4) and (8), does not apply to the council. The board of governors shall designate the chairperson, who shall be a physician, the vice chairperson, and the secretary of the council and the terms to be served by council members. The council shall consist of 5 or 7 persons, not more than 3 of whom are physicians who are licensed and in good standing to practice medicine in this state and one of whom is a nurse anesthetist an advanced practice registered nurse who is licensed and in good standing to practice nursing in this state. The chairperson or another peer review council member designated by the chairperson shall serve as an ex officio nonvoting member of the medical examining board and may attend meetings of the medical examining board, as appropriate.

SB70,3132 Section 3132 . 655.275 (5) (b) 2. of the statutes is amended to read:

SB70,1636,10 655.275 (5) (b) 2. If a claim was paid for damages arising out of the rendering of care by a nurse anesthetist an advanced practice registered nurse, with at least one nurse anesthetist advanced practice registered nurse.

SB70,3133 Section 3133 . 700.19 (2) of the statutes is amended to read:

SB70,1636,19 700.19 (2) Husband and wife Spouses. If persons named as owners in a document of title, transferees in an instrument of transfer, or buyers in a bill of sale are described in the document, instrument, or bill of sale as husband and wife married to each other, or are in fact husband and wife married to each other, they are joint tenants, unless the intent to create a tenancy in common is expressed in the document, instrument, or bill of sale. This subsection applies to property acquired before January 1, 1986, and, if ch. 766 does not apply when the property is acquired, to property acquired on or after January 1, 1986.

SB70,3134 Section 3134 . 704.05 (2) of the statutes is amended to read:

SB70,1637,5 704.05 (2) Possession of tenant and access by landlord. Until the expiration date specified in the lease, or the termination of a periodic tenancy or tenancy at will, and so long as the tenant is not in default, the tenant has the right to exclusive possession of the premises, except as hereafter provided. The landlord may upon advance notice and at reasonable times inspect the premises, allow a city, village, town, or county inspector access for an inspection, make repairs, and show the premises to prospective tenants or purchasers; and if the tenant is absent from the premises and the landlord reasonably believes that entry is necessary to preserve or protect the premises, the landlord may enter without notice and with such force as appears necessary.

SB70,3135 Section 3135. 704.07 (2) (bm) 1. of the statutes is repealed.

SB70,3136 Section 3136. 704.07 (2) (bm) 3. of the statutes is amended to read:

SB70,1637,9 704.07 (2) (bm) 3. The violation presents a significant threat to the prospective tenant's health or safety.

SB70,3137 Section 3137. 704.07 (5) of the statutes is repealed.

SB70,3138 Section 3138 . 705.01 (4) of the statutes is amended to read:

SB70,1637,17 705.01 (4) “Joint account" means an account, other than a marital account, payable on request to one or more of 2 or more parties whether or not mention is made of any right of survivorship. “Joint account" also means any account established with the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties.

SB70,3139 Section 3139 . 705.01 (4m) of the statutes is amended to read:

SB70,1637,24 705.01 (4m) “Marital account" means an account established without the right of survivorship on or after January 1, 1986, by 2 parties who claim to be husband and wife married to each other, which is payable on request to either or both of the parties and which is designated as a marital account. An account established by those parties with the right of survivorship under s. 766.58 (3) (f) or 766.60 is a joint account.

SB70,3140 Section 3140 . 706.09 (1) (e) of the statutes is amended to read:

SB70,1638,7 706.09 (1) (e) Marital interests. Homestead of the spouse of any transferor of an interest in real estate, if the recorded conveyance purporting to transfer the homestead states that the person executing it is single, unmarried , or widowed a surviving spouse or fails to indicate the marital status of the transferor, and if the conveyance has, in either case, appeared of record for 5 years. This paragraph does not apply to the interest of a married person who is described of record as a holder in joint tenancy or of marital property with that transferor.

SB70,3141 Section 3141. 753.06 (4) (c) of the statutes is amended to read:

SB70,1638,9 753.06 (4) (c) Manitowoc County. The circuit has 3 4 branches.

SB70,3142 Section 3142. 753.06 (4) (dm) of the statutes is amended to read:

SB70,1638,11 753.06 (4) (dm) Waushara County. The circuit has one branch 2 branches.

SB70,3143 Section 3143. 753.06 (7) (ag) of the statutes is amended to read:

SB70,1638,13 753.06 (7) (ag) Adams County. The circuit has one branch 2 branches.

SB70,3144 Section 3144. 753.06 (7) (ar) of the statutes is amended to read:

SB70,1638,15 753.06 (7) (ar) Clark County. The circuit has one branch 2 branches.

SB70,3145 Section 3145. 753.06 (9) (L) of the statutes is amended to read:

SB70,1638,17 753.06 (9) (L) Vilas County. The circuit has one branch 2 branches.

SB70,3146 Section 3146. 753.06 (9) (m) of the statutes is amended to read:

SB70,1638,19 753.06 (9) (m) Wood County. The circuit has 3 4 branches.

SB70,3147 Section 3147. 753.06 (10) (g) of the statutes is amended to read:

SB70,1638,21 753.06 (10) (g) Eau Claire County. The circuit has 5 6 branches.

SB70,3148 Section 3148. 753.06 (10) (L) of the statutes is amended to read:

SB70,1638,23 753.06 (10) (L) Sawyer County. The circuit has one branch 2 branches.

SB70,3149 Section 3149. 756.04 (2) (b) of the statutes is amended to read:

SB70,1639,17 756.04 (2) (b) Each year, on a date agreed upon with the office of the director of state courts, the department of transportation shall compile a list that includes the name, address, county, date of birth, race, gender, identification number and renewal date of each person residing in the state who is licensed as a motor vehicle operator under ch. 343 or who has received an identification card under s. 343.50 or 343.51, and social security number, as permitted by law and any record sharing agreement between the department of transportation and the office of the director of state courts. The office of the director of state courts shall establish the format of the list by agreement with the department of transportation. The department of transportation shall transmit the list without charge to the office of the director of state courts, without charge. and to the clerks of court for the district courts of the United States within this state. If the department of transportation does not have a record sharing agreement with the clerk of court for a district court that requires the clerk of court to keep prospective jurors' identification numbers, renewal dates, and social security numbers confidential and secure from unauthorized access, the department of transportation shall redact that information from the list the department of transportation transmits to the clerk of court.

SB70,3150 Section 3150 . 757.02 (5) of the statutes is amended to read:

SB70,1639,23 757.02 (5) Except for retired judges appointed under s. 753.075, each supreme court justice, court of appeals judge and circuit court judge included under ch. 40 shall accrue sick leave at the rate established under s. 230.35 (2) for the purpose of credits under s. 40.05 (4) (b) and for premium payment determinations under s. 40.05 (4) and (5).

SB70,3151 Section 3151. 758.19 (5) (j) of the statutes is created to read:

SB70,1640,4 758.19 (5) (j) Notwithstanding par. (b), the director of state courts shall make payments from the appropriation under s. 20.625 (1) (d) to counties to reimburse counties for circuit court costs related to implementing the use of pretrial risk assessments.

SB70,3152 Section 3152 . 765.001 (2) of the statutes is amended to read:

SB70,1640,23 765.001 (2) Intent. It is the intent of chs. 765 to 768 to promote the stability and best interests of marriage and the family. It is the intent of the legislature to recognize the valuable contributions of both spouses during the marriage and at termination of the marriage by dissolution or death. Marriage is the institution that is the foundation of the family and of society. Its stability is basic to morality and civilization, and of vital interest to society and the state. The consequences of the marriage contract are more significant to society than those of other contracts, and the public interest must be taken into account always. The seriousness of marriage makes adequate premarital counseling and education for family living highly desirable and courses thereon are urged upon all persons contemplating marriage. The impairment or dissolution of the marriage relation generally results in injury to the public wholly apart from the effect upon the parties immediately concerned. Under the laws of this state, marriage is a legal relationship between 2 equal persons, a husband and wife, who owe to each other mutual responsibility and support. Each spouse has an equal obligation in accordance with his or her ability to contribute money or services or both which are necessary for the adequate support and maintenance of his or her minor children and of the other spouse. No spouse may be presumed primarily liable for support expenses under this subsection.

SB70,3153 Section 3153 . 765.01 of the statutes is amended to read:

SB70,1641,4 765.01 A civil contract. Marriage, so far as its validity at law is concerned, is a civil contract, to which the consent of the parties capable in law of contracting is essential, and which creates the legal status of husband and wife spouse to each other.

SB70,3154 Section 3154 . 765.02 (3) of the statutes is created to read:

SB70,1641,7 765.02 (3) Marriage may be contracted between persons of the same sex or different sexes.

SB70,3155 Section 3155 . 765.03 (1) of the statutes is amended to read:

SB70,1641,19 765.03 (1) No marriage shall be contracted while either of the parties has a husband or wife spouse living, nor between persons who are nearer of kin than 2nd cousins except that marriage may be contracted between first cousins where the female has attained the age of 55 years or where if either party, at the time of application for a marriage license, submits an affidavit signed by a physician stating that either party is permanently sterile or that the 2 parties are otherwise permanently biologically incapable of producing a child together. Relationship under this section shall be computed by the rule of the civil law, whether the parties to the marriage are of the half or of the whole blood. A marriage may not be contracted if either party has such want of understanding as renders him or her incapable of assenting to marriage.

SB70,3156 Section 3156. 765.16 (1m) (intro.) of the statutes is amended to read:

SB70,1642,5 765.16 (1m) (intro.) Marriage may be validly solemnized and contracted in this state only after a marriage license has been issued therefor, and only by the mutual declarations of the 2 parties to be joined in marriage that they take each takes the other as husband and wife his or her spouse, made before an authorized officiating person and in the presence of at least 2 competent adult witnesses other than the officiating person. If one of the parties is serving on active duty in the U.S. armed forces or in forces incorporated in the U.S. armed forces, in a reserve unit of the U.S. armed forces, or in the national guard, the presence of only one competent adult witness other than the officiating person is required. The following are authorized to be officiating persons:

SB70,3157 Section 3157 . 765.16 (1m) (c) of the statutes is amended to read:

SB70,1642,10 765.16 (1m) (c) The 2 parties themselves, by mutual declarations that they take each takes the other as husband and wife his or her spouse, in accordance with the customs, rules, and regulations of any religious society, denomination, or sect to which either of the parties may belong.

SB70,3158 Section 3158. 765.23 of the statutes is amended to read:

SB70,1642,25 765.23 Immaterial irregularities otherwise. No marriage hereafter contracted shall be void either by reason of the marriage license having been issued by a county clerk not having jurisdiction to issue the same; or by reason of any informality or irregularity of form in the application for the marriage license or in the marriage license itself, or the incompetency of the witnesses to such marriage; or because the marriage may have been solemnized more than 60 days after the date of the marriage license, if the marriage is in other respects lawful and is consummated with the full belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. Where a marriage has been celebrated in one of the forms provided for in s. 765.16 (1m), and the parties thereto have immediately thereafter assumed the habit and repute of husband and wife a married couple, and having continued the same uninterruptedly thereafter for the period of one year, or until the death of either of them, it shall be deemed that a marriage license has been issued as required by ss. 765.05 to 765.24 and 767.803.

SB70,3159 Section 3159. 765.24 of the statutes is amended to read:

SB70,1643,15 765.24 Removal of impediments to subsequent marriage. If a person during the lifetime of a husband or wife spouse with whom the marriage is in force, enters into a subsequent marriage contract in accordance with s. 765.16, and the parties thereto live together thereafter as husband and wife a married couple, and such subsequent marriage contract was entered into by one of the parties in good faith, in the full belief that the former husband or wife spouse was dead, or that the former marriage had been annulled, or dissolved by a divorce, or without knowledge of such former marriage, they the parties shall, after the impediment to their marriage has been removed by the death or divorce of the other party to such former marriage, if they continue to live together as husband and wife a married couple in good faith on the part of one of them, be held to have been legally married from and after the removal of such impediment and the issue of any children born during such subsequent marriage shall be considered as the marital issue children of both parents parties.

SB70,3160 Section 3160. 765.30 (3) (a) of the statutes is amended to read:

SB70,1643,24 765.30 (3) (a) Penalty for unlawful solemnization of marriage. Any officiating person who solemnizes a marriage unless the contracting parties have first obtained a proper marriage license as heretofore provided; or unless the parties to such marriage declare that they take each takes the other as husband and wife his or her spouse; or without the presence of competent adult witnesses as required under s. 765.16 (1m); or solemnizes a marriage knowing of any legal impediment thereto; or solemnizes a marriage more than 60 days after the date of the marriage license; or falsely certifies to the date of a marriage solemnized by the officiating person.

SB70,3161 Section 3161 . 766.587 (7) (form) 9. of the statutes is amended to read:

SB70,1644,5 766.587 (7) (form) 9. BOTH SPOUSES MUST SIGN THIS AGREEMENT. IF SIGNED BEFORE JANUARY 1, 1986, IT IS EFFECTIVE ON JANUARY 1, 1986, OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER. IF SIGNED ON OR AFTER JANUARY 1, 1986, IT IS EFFECTIVE ON THE DATE SIGNED OR THE DATE THE PARTIES MARRY, WHICHEVER IS LATER.

SB70,1644,7 STATUTORY INDIVIDUAL PROPERTY CLASSIFICATION AGREEMENT

SB70,1644,8 (Pursuant to Section 766.587, Wisconsin Statutes)

SB70,1644,10 This agreement is made and entered into by .... and ...., (husband and wife who are married) (who intend to marry) (strike one).

SB70,1644,14 The parties to this agreement agree to classify all their property, including property owned by them now and property acquired before January 1, 1987, as the individual property of the owning spouse, and agree that ownership of their property shall be determined as if it were December 31, 1985.

SB70,1644,15 This agreement terminates on January 1, 1987.

SB70,1644,16 Signature .... Date ....

SB70,1644,17 Print Name Here: ....

SB70,1644,18 Address: ....

SB70,1644,19 Signature .... Date ....