1. The person is employed under a contract involving the furnishing of more than personal services.
2. The person is customarily engaged in an independently established trade, business or profession providing the same type of services to more than one employer and the person's services to an employer are not compensated for on a payroll of that employer.
3. The person is a patient or inmate of a hospital, home or institution and performs services in the hospital, home or institution.
(d) "Employer" means any person doing business or operating an organization in this state and employing at least 2 employes, except that for a person operating a farm business the person must employ at least one employe. "Employer" does not include an employer as defined in s. 40.02 (28).
(e) "Health care coverage program" means the health care coverage program established under sub. (2) (a).
(f) "Insurer" has the meaning given in s. 600.03 (27).
(g) "Nontherapeutic abortion" means an abortion that is not directly and medically necessary to prevent the death of the woman.
(2) (a) 1. The department shall design an actuarially sound health care coverage program for employers that includes more than one group health care coverage plan and that provides coverage beginning not later than January 1, 2001. The health care coverage program shall be known as the "Private Employer Health Care Purchasing Alliance". In designing the health care coverage program, the department shall consult with the office of the commissioner of insurance and may consult with the departments of commerce and health and family services. The health care coverage program may not be implemented until it is approved by the board.
2. The department shall solicit and accept bids and make every reasonable effort to enter into a contract for the administration of the health care coverage plans under the program, based on criteria established by the board. If the department has not entered into a contract for the administration of the health care coverage plans under the program for coverage to begin before January 1, 2001, the department shall submit a report to the cochairpersons of the joint committee on finance specifying the department's reasons for not entering into a contract. After submitting the report to the cochairpersons of the joint committee on finance, the department shall provide all administrative services necessary for the provision of the health care coverage plans under the program. During the period that the department is providing the administrative services, the department shall continue to make every reasonable effort to contract for the administration of the health care coverage plans under the program.
3. The administrator selected under subd. 2., or the department if no administrator has been selected under subd. 2., shall enter into contracts with insurers who are to provide health care coverage under the health care coverage program.
4. The department shall solicit and accept bids and shall enter into a contract for marketing the health care coverage program.
5. The department shall maintain a toll-free telephone number to provide information on the health care coverage program.
(b) Every health care coverage plan under the health care coverage program is subject to the provisions of chs. 600 to 646 that apply to group health benefit plans, as defined in s. 632.745 (9), to the same extent as any other group health benefit plan, as defined in s. 632.745 (9).
(bm) No health care coverage plan under the health care coverage program may provide coverage of a nontherapeutic abortion except by an optional rider or supplemental coverage provision that is offered and provided on an individual basis and for which an additional, separate premium or charge is paid by the individual to be covered under the rider or supplemental coverage provision. Only funds attributable to premiums or charges paid for coverage under the rider or supplemental coverage provision may be used for the payment of any claim, and related administrative expenses, that relates to a nontherapeutic abortion. Such funds may not be used for the payment of any claim or administrative expenses that relate to any other type of coverage provided by the insurer under the health care coverage plan. Nothing in this paragraph requires an insurer or an employer to offer or provide coverage of an abortion under a health care coverage plan under the health care coverage program.
(c) The health care coverage program established under par. (a), or any health care coverage plan included in the program, may not be combined with any health care coverage plan under subch. IV.
(d) All insurance rates for health care coverage under the program shall be published annually in a single publication that is made available to employers and employes. The rates may be listed by county or by any other regional factor that the board considers appropriate.
(e) All plans under the health care coverage program shall have an enrollment period that is established by the board.
(f) 1. If the department has selected an administrator under par. (a) 2., the administrator shall charge employers who participate in the health care coverage program a fee to cover the cost of administrative services for the health care coverage program. The administrator shall reimburse the department for the expenses incurred by the department in designing, marketing and contracting for administrative services for the program. All moneys received by the department under this subdivision shall be credited to the appropriation account under s. 20.515 (2) (g).
2. If the department has not selected an administrator under par. (a) 2., the department shall charge employers who participate in the health care coverage program a fee to cover the costs incurred by the department in designing, marketing and providing administrative services for the health care coverage program. All moneys received by the department under this subdivision shall be credited to the appropriation account under s. 20.515 (2) (g).
(g) The department may not sell any health care coverage under the health care coverage program to an employer or enroll any employe in the health care coverage program, but the department shall make information about the program available to employers on a statewide basis.
(3) Any employer who participates in the health care coverage program shall do all of the following:
(a) Offer health care coverage under one or more plans to all of its permanent employes who have a normal work week of 30 or more hours and may offer health care coverage under one or more plans to any of its other employes.
(b) Provide health care coverage under one or more plans to at least 50% of its permanent employes who have a normal work week of 30 or more hours and who do not otherwise receive health care coverage as a dependent under any other plan that is not offered by the employer or a percentage of such employes specified by the board, whichever percentage is greater.
(c) Pay for each employe at least 50% but not more than 100% of the lowest premium rate that would be available to the employer for that employe's coverage under the health care coverage program.
(d) Make premium payments for the health care coverage of its employes in the manner specified by the board.
(4) Any employer that provides health care coverage for its employes under the program and that voluntarily terminates coverage under the program is not eligible to participate in the program for at least 3 years from the date that coverage is terminated.
(5) Any insurer that offers a health care coverage plan under the health care coverage program shall provide coverage under the plan to any employer that applies for coverage, and to all of the employer's employes who elect coverage under the health care coverage plan, without regard to the health condition or claims experience of any individual who would be covered under the health care coverage plan if all of the following apply:
(a) The employer agrees to pay the premium required for coverage under the health care coverage plan.
(b) The employer agrees to comply with all provisions of the health care coverage plan that apply generally to a policyholder or an insured without regard to health condition or claims experience.
(6) (a) Health care coverage under the health care coverage program may only be sold by insurance agents licensed under ch. 628.
(b) An insurance agent may not sell any health care coverage under the health care coverage program on behalf of an insurer unless he or she is employed by the insurer or has a contract with the insurer to sell the health care coverage on behalf of the insurer.
(c) The board shall set, and may adjust as often as semiannually, the commission rate for the sale of a policy under the health care coverage program. The rate shall be based on the average commission rate that insurance agents are paid in the state for the sale of comparable health insurance policies at the time that the rate is set or adjusted.
(d) An insurer shall specify on the first page of any policy sold under the health care coverage program the amount of the commission paid to the insurance agent.
(7) (a) Annually, on or before December 31, the board shall submit a report to the appropriate standing committees under s. 13.172 (3) and to the governor on the operation of the health care coverage program. The report shall specify the number of employers and employes participating in the health care coverage program, calculate the costs of the health care coverage program to employers and their employes and include recommendations for improving the health care coverage program.
(b) No later than January 1, 2008, the board shall submit a report to the appropriate standing committees under s. 13.172 (3) and to the governor that offers recommendations as to whether the department should continue to be involved in the design, marketing and contracting for administrative services for the health care coverage program. If the board recommends that the department not be involved in the performance of these functions, the board shall submit proposed legislation eliminating the department's involvement in the performance of these functions to the appropriate standing committees under s. 13.172 (3) at the time that the board submits its report.
9,944yr
Section 944yr. Subchapter X of chapter 40 [precedes 40.98] of the statutes, as created by 1999 Wisconsin Act .... (this act), section 944ym, is repealed.
9,944yt
Section 944yt. 41.11 (4m) of the statutes is created to read:
41.11 (4m) Access to customer information; fees. (a) Notwithstanding s. 19.35, the department may refuse to reveal names, addresses and related demographic information maintained on any list that the department has compiled of persons who have requested information about travel opportunities in the state. The department may not refuse to reveal such information to representatives of the news media.
(b) Notwithstanding s. 19.71, if the department provides information from a list of persons requesting travel information, the department may charge the person requesting the information a fee to recover the department's actual costs of compiling and providing the information. The department may reduce or waive the fee under this subsection if the department determines that the reduction or waiver is in the public interest.
9,945am
Section 945am. 41.17 (2) of the statutes is amended to read:
41.17 (2) Eligibility. Any public or private organization not organized or incorporated for profit, including a tribal organization of a federally recognized American Indian tribe or band in this state, and any elected governing body of a federally recognized American Indian tribe or band in this state may apply to the department for joint effort marketing funds under this section. Prior to applying for such funds, each prospective applicant shall have submitted, at the time and in the manner provided by departmental rule, a plan and budget specifying the media to be used, the market to be approached, the facilities and attractions to be promoted and the applicant's estimated expenditures and receipts for the various projects within the plan. If such plan is coordinated with the statewide marketing strategy, the department shall approve it and the submitting organization or governing body shall be eligible to apply for joint effort marketing funds under this section.
9,945ar
Section 945ar. 41.17 (3) (intro.) of the statutes is amended to read:
41.17 (3) Written agreements. (intro.) Each joint effort marketing project shall be implemented by a written agreement between the department and the applicant organization, which or governing body. The agreement shall specify at a minimum:
9,945b
Section 945b. 41.17 (4) (a) of the statutes is amended to read:
41.17 (4) (a) No state funds may be released for a project which that is not included within an advertising plan and budget submitted by an eligible organization or governing body and approved by the department.
9,945c
Section 945c. 41.17 (5) of the statutes is created to read:
41.17 (5) Funding source. Subject to the 50% limitation under s. 20.380 (1) (b) and the proportional expenditure requirements under s. 20.380 (1) (b) and (kg), the department shall expend, from the appropriations under s. 20.380 (1) (b) and (kg), at least $1,130,000 in the aggregate in each fiscal year in joint effort marketing funds under this section.
9,945d
Section 945d. 41.41 (7) (cm) of the statutes is created to read:
41.41 (7) (cm) Acquire development rights in land any portion of which is approved by the department for inclusion in the Kickapoo valley reserve. Purchases under this paragraph are subject to the approval of the governor under s. 20.914 (1).
9,945dc
Section 945dc. 42.035 of the statutes is created to read:
42.035 Treatment of certain state fair park board employes. Notwithstanding s. 230.08 (2) (pm), those employes holding positions in the classified service at the state fair park board on the effective date of this section .... [revisor inserts date], who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the state fair park board, those protections afforded employes in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff or reduction in base pay. Those employes of the state fair park board on the effective date of this section .... [revisor inserts date], who have not achieved permanent status in class in any position at the state fair park board on that date are eligible to receive the protections, privileges and rights preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the position that they hold on that date.
9,945dd
Section 945dd. 43.17 (9) (a) of the statutes is amended to read:
43.17 (9) (a) All contracts for public construction
, the estimated cost of which exceeds $5,000, made by a federated public library system whose territory lies within 2 or more counties or by a federated public library system whose territory lies within a single county with a population of at least 500,000 shall be let by the public library system board to the lowest responsible bidder in accordance with s. 62.15 (1) to (11) and (14). For purposes of this section, the system board possesses the powers conferred by s. 62.15 on the board of public works and the common council. All contracts made under this section shall be made in the name of the federated public library system and shall be executed by the system board president and such other board officer as the system board designates.
9,945de
Section 945de. 43.24 (1) (intro.) of the statutes is amended to read:
43.24 (1) (intro.) Each public library system shall be paid state aid for the operation and maintenance of the system. The Except as provided in pars. (b) and (c), the amount paid to each system shall be determined as follows:
9,945dh
Section 945dh. 43.24 (1) (a) of the statutes is repealed and recreated to read:
43.24 (1) (a) 1. Determine the percentage change in the total amount appropriated under s. 20.255 (3) (e) between the previous fiscal year and the current fiscal year.
2. Multiply the amount of state aid received by the system in the previous fiscal year by the sum of 1.0 and the result under subd. 1. expressed as a decimal.
9,945dp
Section 945dp. 43.24 (1) (b) of the statutes is repealed and recreated to read:
43.24 (1) (b) If the territory of a public library system is altered, the department shall adjust the aid paid to that system under par. (a). The department shall promulgate rules establishing the method the department will use to make the adjustment.
9,945dt
Section 945dt. 43.24 (1) (c) of the statutes is repealed and recreated to read:
43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:
1. Multiply the system's percentage of the state's population by the product of the amount appropriated under s. 20.255 (3) (e) and 0.85.
2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under s. 20.255 (3) (e) and 0.075.
3. Divide the sum of the payments to the municipalities and counties in the system under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, by the total of all payments under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, and multiply the result by the product of the amount appropriated under s. 20.255 (3) (e) and 0.075.
9,945e
Section 945e. 44.015 (6) of the statutes is renumbered 44.015 (10).
9,945f
Section 945f. 44.015 (7) of the statutes is created to read:
44.015 (7) Contract with the Wisconsin History Foundation, Inc., for the purpose of administering the historical society's membership program.
9,945g
Section 945g. 44.02 (28) of the statutes is created to read:
44.02 (28) In the 1999-2001 fiscal biennium, pay the amount appropriated under s. 20.245 (3) (c) to the city of Neenah to restore the Neenah city clock tower if the city of Neenah contributes matching funds of at least $25,000.
9,945m
Section 945m. 44.08 of the statutes is repealed.
9,945s
Section 945s. 44.16 of the statutes is amended to read:
44.16 Historic sites foundation
Circus World Museum Foundation. (1) The historical society may enter into a lease agreement with the historic sites foundation, inc. Circus World Museum Foundation, Inc., for the purpose of operating Circus World Museum, located in Baraboo, Wisconsin. The lease agreement shall not include any provision for the payment of a percentage of gross admissions income at Circus World Museum to the historical society.
(2) Upon request of the board of directors of the
historic sites foundation, inc. Circus World Museum Foundation, Inc., the governor may nominate, and with the advice and consent of the senate appoint, one member of the board of directors to serve at the pleasure of the governor.
9,946
Section
946. 44.20 (1) of the statutes is amended to read:
44.20
(1) The historical society shall operate and maintain the historic sites known as Stonefield Village, Pendarvis, Villa Louis, Old Wade House, Madeline Island, Old World Wisconsin
, H.H. Bennett Studios and, if the First Capitol state park has been transferred to the historical society under
1993 Wisconsin Act 16, section
9142 (1e), First Capitol.
9,946g
Section 946g. 44.34 (13) of the statutes is created to read:
44.34 (13) Produce a CD-ROM about the restoration of the state capitol.
9,946m
Section 946m. 44.49 of the statutes is created to read:
44.49 Heritage trust program. (1)
Purpose. The legislature determines that the provision of assistance by the state under this section and the awarding of grants to the Wisconsin Trust for Historic Preservation under this section serve a statewide public purpose by assisting in the protection, restoration and rehabilitation of property located in this state that is significant in the history, prehistory, architecture, archaeology or culture of this state, its rural and urban communities or the nation.
(2) Definitions. In this section:
(a) "Local governmental unit" has the meaning given in s. 16.97 (7).
(b) "Trust" means the Wisconsin Trust for Historic Preservation.
(3) Grants to governmental units and nonprofit organizations. (a) From the appropriation under s. 20.866 (2) (zfm), the state historical society shall award grants to state agencies, local governmental units and nonprofit organizations for historic preservation. A grant recipient shall provide matching funds equal to 25% of the amount of the grant, except that the state historical society may require a recipient to provide matching funds equal to a higher percentage.
(b) The state historical society shall ensure that all grant recipients under par. (a) comply with the standards for rehabilitation in
36 CFR 67.7.
(c) The state historical society may award up to $1,000,000 in grants under par. (a) in the 2000-01 fiscal year and up to $1,500,000 in grants under par. (a) in each of the 9 succeeding fiscal years, except that if the state historical society awards less than the maximum amount allowed in any fiscal year the maximum amount allowed in the succeeding fiscal year is increased by an amount equal to the difference between the amount awarded in the current fiscal year and the maximum amount allowed in the current fiscal year.
(4) Grants to the trust. (a) Subject to par. (b), the state historical society annually shall award a grant to the trust from the appropriation under s. 20.866 (2) (zfm). In the 2000-01 fiscal year, the amount of the grant shall be $1,000,000. In each of the 9 succeeding fiscal years, the amount of the grant shall be $500,000.
(b) The state historical society may award a grant under par. (a) only if the following conditions are satisfied:
1. The bylaws of the trust state that the purpose of the trust is to develop and support statewide initiatives promoting historic preservation and that, if the trust dissolves, the trust shall in good faith take all reasonable measures to ensure that all moneys paid to the trust under this subsection revert to the state.