AB258: Bill Text

LRB-2069/1

GMM:jld:nwn

2007 - 2008 LEGISLATURE

2007 Assembly BILL 258

April 10, 2007 - Introduced by Representatives Nygren, Moulton, Albers, Ballweg, Davis, Hines, F. Lasee, LeMahieu, Montgomery, Musser, A. Ott, Petersen, Strachota, Tauchen and Vos, cosponsored by Senators Cowles, Roessler and Schultz. Referred to Committee on Insurance.

AB258,1,3 An Act to amend 111.35 (3) (a) (intro.) and 111.35 (3) (b) (intro.) of the statutes; relating to: permitting an employer to offer financial incentives to encourage or discourage employee use of a lawful product.

Analysis by the Legislative Reference Bureau

Current law, subject to certain exceptions, prohibits discrimination in employment based on use or nonuse of a lawful product off the employer's premises during nonworking hours. Current law specifies, however, that it is not employment discrimination based on use or nonuse of a lawful product off the employer's premises during nonworking hours for an employer to offer a policy or plan of life, health, or disability insurance coverage under which the type or price of coverage for an individual who uses a lawful product differs from the type or price of coverage provided for an individual who does not use the lawful product.

This bill specifies that it is not employment discrimination based on use or nonuse of a lawful product off the employer's premises during nonworking hours for an employer to offer financial incentives related to employee health care benefits that are intended to encourage or discourage use of a lawful product.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB258, s. 1 Section 1. 111.35 (3) (a) (intro.) of the statutes is amended to read:

AB258,2,11 111.35 (3) (a) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of use of a lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agency, licensing agency, or other person to offer financial incentives related to employee health care benefits that are intended to discourage use of a lawful product. Those financial incentives may include offering a policy or plan of life, health, or disability insurance coverage under which the type of coverage or the price of coverage for an individual who uses a lawful product off the employer's premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who does not use that lawful product, if all of the following conditions apply:

AB258, s. 2 Section 2. 111.35 (3) (b) (intro.) of the statutes is amended to read:

AB258,2,22 111.35 (3) (b) (intro.) Notwithstanding s. 111.322, it is not employment discrimination because of nonuse of a lawful product off the employer's premises during nonworking hours for an employer, labor organization, employment agency, licensing agency, or other person to offer financial incentives related to employee health care benefits that are intended to encourage use of a lawful product. Those financial incentives may include offering a policy or plan of life, health, or disability insurance coverage under which the type of coverage or the price of coverage for an individual who does not use a lawful product off the employer's premises during nonworking hours differs from the type of coverage or the price of coverage provided for an individual who uses that lawful product, if all of the following conditions apply:

AB258,2,23 (End)