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22(3) The permittee has the rights provided under s. 601.62. The commissioner
23may serve upon the permittee notice of hearing under the procedures under s. 601.62
24simultaneously with service of the order under sub. (1).
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25(4) The commissioner may keep proceedings under this section confidential.
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1648.65 Enrollee immunity. (1)
Immunity. An enrollee of a care management
2organization is not liable for health care, service, equipment, or supply charges that
3are covered under the care management organization's contract with the
4department.
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5(2) Prohibited recovery attempts. No person may bill, charge, collect a deposit
6from, seek compensation from, file or threaten to file with a credit reporting agency
7with respect to, or have any recourse against an enrollee or any person acting on the
8enrollee's behalf, for any health care, service, equipment, or supply charges for which
9the enrollee or person acting on his or her behalf is not liable under sub. (1).
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10(3) Immunity not affected. The immunity of an enrollee under subs. (1) and
11(2) is not affected by any of the following:
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(a) A breach or default on an agreement by the care management organization
13or the failure of any person to compensate the provider.
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(b) The insolvency of the care management organization or any person
15contracting with the care management organization or the commencement or the
16existence of conditions permitting the commencement of insolvency, delinquency, or
17bankruptcy proceedings involving the care management organization or other
18person, regardless of whether the care management organization or other person has
19agreed to compensate, directly or indirectly, the provider for health care, services,
20equipment, or supplies for which the enrollee is not liable under sub. (1)
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(c) The inability of the provider or other person who is owed compensation for
22health care, services, equipment, or supplies to obtain compensation from the care
23management organization.
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1648.75 Insolvency funding. (1) Deposit required. A permittee shall deposit
2an amount established by the contract with the department, and not less than
3$250,000, using the procedures under. s. 601.13.
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4(2) Release of deposit. A deposit under this section may be released only with
5the approval of the commissioner, after consulting with the department, by the
6procedures under s. 601.13 (10) and only in one of the following circumstances:
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(a) To pay an assessment under sub. (3).
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(b) To pay creditors of the permittee according to the priority determined by the
9department if the permittee is insolvent, dissolves, or is subject to an insolvency
10proceeding, including a bankruptcy proceeding.
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11(3) Assessment. The department may assess an amount from each permittee's
12deposit for the purpose of funding arrangements for, or to pay expenses related to,
13services for enrollees of an insolvent or financially hazardous permittee. The
14department's assessment shall be allocated to each permittee's deposit in an amount
15that reflects the permittee's proportionate share of projected enrollment in the
16department's annual contracting period. The commissioner may authorize release,
17and the department of administration shall pay to the department the assessed
18amount for the purposes of this subsection.
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19(4) Restoration. A permittee shall restore its deposit that is subject to an
20assessment under sub. (3) within 30 days after the assessment, unless the office,
21after consulting with the department, authorizes a longer period, which shall not
22exceed 2 years.
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23(5) Recovery. The department may recover, and may file a claim or bring civil
24action to recover, from the insolvent or financially hazardous permittee any amount
1that the department assesses and pays under sub. (3). Any amount recovered shall
2be restored to each permittee's deposit in the same proportion as the assessment.
AB75, s. 3200
3Section
3200. 700.19 (2m) of the statutes is created to read:
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700.19
(2m) Domestic partners. If persons named as owners in a document
5of title, transferees in an instrument of transfer, or buyers in a bill of sale are
6described in the document, instrument, or bill of sale as domestic partners under ch.
7770, or are in fact domestic partners under ch. 770, they are joint tenants, unless the
8intent to create a tenancy in common is expressed in the document, instrument, or
9bill of sale.
AB75, s. 3201
10Section
3201. 704.05 (5) (a) 2. of the statutes is amended to read:
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704.05
(5) (a) 2. Give the tenant notice, personally or by ordinary mail
12addressed to the tenant's last-known address, of the landlord's intent to dispose of
13the personal property by sale or other appropriate means if the property is not
14repossessed by the tenant. If the tenant fails to repossess the property within 30 days
15after the date of personal service or the date of the mailing of the notice, the landlord
16may dispose of the property by private or public sale or any other appropriate means.
17The landlord may deduct from the proceeds of sale any costs of sale and any storage
18charges if the landlord has first stored the personalty under subd. 1. If the proceeds
19minus the costs of sale and minus any storage charges are not claimed within 60 days
20after the date of the sale of the personalty, the landlord is not accountable to the
21tenant for any of the proceeds of the sale or the value of the property. The landlord
22shall send the proceeds of the sale minus the costs of the sale and minus any storage
23charges to the department of
administration commerce for deposit in the
24appropriation under s. 20.143 (2) (h).
AB75, s. 3202
25Section
3202. 704.31 (3) of the statutes is amended to read:
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1704.31
(3) This section does not apply to a lease to which a local professional
2baseball park district created under subch. III of ch. 229
, the Wisconsin Quality
3Home Care Authority, or the Fox River Navigational System Authority is a party.
AB75, s. 3203
4Section
3203. 709.03 (form) C. 25m. of the statutes is created to read:
AB75, s. 3204
6Section
3204. 757.05 (1) (a) of the statutes is amended to read:
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757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
8state law or for a violation of a municipal or county ordinance except for a violation
9of s. 101.123 (2)
(a), (am) 1., (ar), (bm), (br), or (bv) or
(5) (2m), or for a first violation
10of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person
11who committed the violation had a blood alcohol concentration of 0.08 or more but
12less than 0.1 at the time of the violation, or for a violation of state laws or municipal
13or county ordinances involving nonmoving traffic violations, violations under s.
14343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be
15imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent
16of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
17surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine
18or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced
19in proportion to the suspension.
AB75, s. 3205
1Section
3205. 758.19 (8) (a) (intro.) of the statutes is amended to read:
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758.19
(8) (a) (intro.) From the appropriation under s. 20.625 (1) (c), the
3director of state courts shall reimburse counties up to 4 times each year for the actual
4expenses paid for interpreters required by circuit courts to assist persons with
5limited English proficiency under s. 885.38 (8) (a) 1.
The amount of the
6reimbursement for mileage shall be 20 cents per mile going and returning from his
7or her residence if within the state; or, if without the state, from the point where he
8or she crosses the state boundary to the place of attendance, and returning by the
9usually traveled route between such points. The amount of the maximum hourly
10reimbursement for court interpreters shall be as follows:
AB75, s. 3206
11Section
3206. 767.205 (2) (a) 3. of the statutes is amended to read:
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767.205
(2) (a) 3. Whenever aid under s.
48.57 (3m) or (3n), 48.645, 49.19, or
1349.45 is provided on behalf of a dependent child or benefits are provided to the child's
14custodial parent under ss. 49.141 to 49.161.