Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,677,15 2. A copy of the assignment is attached to the petition.

AB133-ASA1-CA1,677,17 3. The assignment is in writing, is executed by the assignor and is subject to the laws of this state.

AB133-ASA1-CA1,677,20 3m. The contract for the assignment provides that the assignor has the right to cancel the contract until midnight of the 3rd business day after the date on which the assignor entered into the contract.

AB133-ASA1-CA1,677,24 3r. The contract for the assignment provides that the assignor, from the proceeds received from the individual or organization to whom part or all of the lottery prize is assigned, agrees to pay in full any delinquent payments that may be owed by the assignor under subs. (4), (5), (5m) and (5r).

AB133-ASA1-CA1,678,3 4. The assignor attests, by sworn affidavit, that he or she is of sound mind, is not acting under duress and acknowledges that the state will not make any of the assigned lottery prize payments or parts of lottery prize payments to the assignor.

AB133-ASA1-CA1,678,6 5. The assignor, by sworn affidavit, provides the court with an accounting of all claims to, or judgments, liens, security interests, garnishments, assignments or attachments against, all or any part of the lottery prize payments.

AB133-ASA1-CA1,678,8 6. The assignment does not include the amounts of any withholdings specified under sub. (4), (5), (5m) or (5r).

AB133-ASA1-CA1,678,11 7. The assignor provides the court a certification from the administrator that lists the amounts of the lottery prize payments, if any, that the administrator is required to withhold for the assignor under subs. (4), (5), (5m) and (5r).

AB133-ASA1-CA1,678,19 8. The payment that the assignor will receive as compensation for the assignment is at least equal to the present value of the assigned lottery prize payments, discounted at a rate no greater than the weekly prime rate for the week prior to the date on which the court received a copy of the assignment, as reported by the federal reserve board in federal reserve statistical release H. 15, plus 6%. In making the calculation under this subdivision, the court shall subtract from the compensation received by the assignor any required fees or other costs charged the assignor.

AB133-ASA1-CA1,678,23 9. The individual or organization to whom part or all of the lottery prize is assigned specifies in an affidavit that the individual or organization agrees to report and pay any state income or franchise tax that is owed on any income or gain realized from the purchase and subsequent sale or redemption of any lottery prize.

AB133-ASA1-CA1,678,25 (d) Contents of court order. A court order issued under par. (c) shall include all of the following:

AB133-ASA1-CA1,679,2 1. The name of the prizewinner or the name of the assignor, if different from the prizewinner.

AB133-ASA1-CA1,679,4 2. The assignor's social security number if the assignor is an individual, or federal income tax identification number if the assignor is an organization.

AB133-ASA1-CA1,679,6 3. The name of the individual or organization to whom part or all of the lottery prize is assigned.

AB133-ASA1-CA1,679,9 4. The social security number of the individual or the federal income tax identification number of the organization to whom part or all of the lottery prize is assigned.

AB133-ASA1-CA1,679,12 5. If part or all of the lottery prize is assigned to an individual, the citizenship of the individual. If the individual is not a citizen of the United States of America, the order shall include the individual's resident alien number.

AB133-ASA1-CA1,679,14 6. The number of assigned lottery prize payments and the dates on which the assigned lottery prize payments are to be paid.

AB133-ASA1-CA1,679,16 7. The gross amount of each of the lottery prize payments that are subject to withholding for tax purposes and that are assigned.

AB133-ASA1-CA1,679,25 (e) Administration of lottery prize assignment. Upon receipt of a court order issued under par. (c), the individual or organization to whom the lottery prize is assigned shall provide a certified copy of the court order to the administrator. The administrator shall acknowledge receipt of the court order in writing to the individual or organization to whom the lottery prize is assigned and shall make all lottery prize payments according to the terms specified in the court order. The administrator may charge an initial processing fee, in an amount determined by rule, to cover any costs associated with processing the lottery prize payments in accordance with the terms specified in the court order.".

AB133-ASA1-CA1,680,1 1478. Page 1402, line 19: after that line insert:

AB133-ASA1-CA1,680,2 " Section 3025t. 569.01 (1j) of the statutes is created to read:

AB133-ASA1-CA1,680,4 569.01 (1j) "Indian gaming facility" means a facility at which Indian gaming is conducted under an Indian gaming compact.".

AB133-ASA1-CA1,680,5 1479. Page 1402, line 19: after that line insert:

AB133-ASA1-CA1,680,6 " Section 3025w. 565.45 of the statutes is amended to read:

AB133-ASA1-CA1,680,11 565.45 Report on expense limitation. Before January 1, 1992 2002, and every 2 years thereafter, the department shall submit a report to the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), on the effects on the operation of the lottery of the 10% expense limitation under s. 25.75 (3) (b).".

AB133-ASA1-CA1,680,12 1480. Page 1402, line 19: after that line insert:

AB133-ASA1-CA1,680,14 " Section 3025r. 565.30 (5m) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB133-ASA1-CA1,681,4 565.30 (5m) (a) Withholding of child support, spousal support, maintenance or family support. The administrator shall report to the department of workforce development the name, address and social security number of each winner of a lottery prize that is payable in instalments and the name, address and social security number or federal income tax number of the person who has been assigned a lottery prize that is payable in instalments. Upon receipt of the report, the department of workforce development shall certify to the administrator whether any payee or assignee named in the report is obligated to provide child support, spousal support, maintenance or family support under s. 767.02 (1) (f) or (g), 767.10, 767.23, 767.25, 767.26, 767.261, 767.458 (3), 767.465 (2m), 767.477, 767.51 (3), 767.62 (4) (a) or 948.22 (7) or ch. 769 and the amount required to be withheld from the lottery prize under s. 767.265. Subject to par. (b), the administrator shall withhold the certified amount from each payment made to the winner or assignee and remit the certified amount to the department of workforce development.".

AB133-ASA1-CA1,681,5 1481. Page 1402, line 23: after that line insert:

AB133-ASA1-CA1,681,6 " Section 3026h. 569.01 (4) of the statutes is created to read:

AB133-ASA1-CA1,681,8 569.01 (4) "Net win" means the amount wagered at an Indian gaming facility, less the amount paid out in winnings at the Indian gaming facility.

AB133-ASA1-CA1, s. 3026p Section 3026p. 569.02 (5) of the statutes is created to read:

AB133-ASA1-CA1,681,14 569.02 (5) On March 1 annually, for each payment of Indian gaming receipts, as described under s. 569.01 (1m) (d), received by the state from an Indian tribe in the prior calendar year, determine the amount to be transferred under s. 20.505 (8) (hm) to the appropriation account under s. 20.835 (2) (ka) by doing all of the following:

AB133-ASA1-CA1,681,19 (a) Dividing the net win in the prior calendar year at all of the Indian tribe's Indian gaming facilities at which pari-mutuel racing is conducted and at which pari-mutuel racing under ch. 562 was conducted on the effective date of this paragraph .... [revisor inserts date], by the net win in the prior calendar year at all of the Indian tribe's Indian gaming facilities.

AB133-ASA1-CA1,681,22 (b) Multiplying the number calculated under par. (a) by the amount of Indian gaming receipts, as described under s. 569.01 (1m) (d), received by the state from the Indian tribe in the prior calendar year.".

AB133-ASA1-CA1,681,23 1482. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,682,2 " Section 3035m. 610.70 (1) (e) of the statutes, as created by 1997 Wisconsin Act 231, is amended to read:

AB133-ASA1-CA1,682,11 610.70 (1) (e) "Medical care institution" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium, adult family home, assisted living facility, rural medical center, hospice or other place licensed, certified or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.032, 50.033, 50.034, 50.35, 50.52, 50.90, 51.04, 51.08, or 51.09 , 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or under ch. 233 or licensed or certified by a county department under s. 50.032 or 50.033.".

AB133-ASA1-CA1,682,12 1483. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,682,13 " Section 3037c. 628.095 (1) of the statutes is amended to read:

AB133-ASA1-CA1,682,18 628.095 (1) Required on applications. An application for a license issued under this subchapter shall contain the applicant's social security number, if the applicant is a natural person unless the applicant does not have a social security number, or the applicant's federal employer identification number, if the applicant is not a natural person.

AB133-ASA1-CA1, s. 3037d Section 3037d. 628.095 (2) of the statutes is amended to read:

AB133-ASA1-CA1,682,24 628.095 (2) Refusal to issue license. The commissioner may not issue a license, including a temporary license, under this subchapter unless the applicant provides his or her social security number, if the applicant is a natural person unless the applicant does not have a social security number, or provides the applicant's federal tax identification number, if the applicant is not a natural person.

AB133-ASA1-CA1, s. 3037e Section 3037e. 628.095 (3) of the statutes is amended to read:

AB133-ASA1-CA1,683,8 628.095 (3) Required when annual fee paid. At the time that the annual fee is paid under s. 601.31 (1) (m), an intermediary who is a natural person shall provide his or her social security number unless the intermediary does not have a social security number, and an intermediary that is not a natural person shall provide its federal employer identification number, if the social security number or federal employer identification number was not provided on the application for the license or previously when the annual fee was paid.

AB133-ASA1-CA1, s. 3037g Section 3037g. 628.095 (5) of the statutes is created to read:

AB133-ASA1-CA1,683,19 628.095 (5) If applicant or intermediary has no social security number. If an applicant who is a natural person does not have a social security number, the applicant shall provide to the commissioner, along with the application for a license and on a form prescribed by the department of workforce development, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. If an intermediary who is a natural person does not have a social security number, the intermediary shall provide to the commissioner, each time that the annual fee is paid under s. 601.31 (1) (m) and on a form prescribed by the department of workforce development, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number.

AB133-ASA1-CA1, s. 3037j Section 3037j. 628.10 (2) (cr) of the statutes is created to read:

AB133-ASA1-CA1,684,2 628.10 (2) (cr) For providing false information in statement. The commissioner shall revoke the license of an intermediary, including a temporary license under s. 628.09, if the commissioner determines, after a hearing, that the intermediary provided false information in a statement provided under s. 628.095 (5) with the intermediary's application or at the time that the annual fee was paid under s. 601.31 (1) (m).

AB133-ASA1-CA1, s. 3037k Section 3037k. 628.10 (2) (d) of the statutes is amended to read:

AB133-ASA1-CA1,684,14 628.10 (2) (d) For failure to provide social security or number, federal employer identification number or statement. If an intermediary fails to provide a social security number or federal employer identification number as required under s. 628.095 (3) or a statement as required under s. 628.095 (5), the commissioner shall suspend or limit the license of the intermediary, effective the day following the last day on which the annual fee under s. 601.31 (1) (m) may be paid, if the commissioner has given the intermediary reasonable notice of when the fee must be paid to avoid suspension or limitation. If the intermediary provides the social security number or, federal employer identification number or statement within 60 days from the effective date of the suspension, the commissioner shall reinstate the intermediary's license effective as of the date of suspension.".

AB133-ASA1-CA1,684,15 1484. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,684,16 " Section 3036c. 609.10 (title) of the statutes is amended to read:

AB133-ASA1-CA1,684,17 609.10 (title) Standard plan and point-of-service option plan required.

AB133-ASA1-CA1, s. 3036d Section 3036d. 609.10 (1) (a) of the statutes is renumbered 609.10 (1) (am) and amended to read:

AB133-ASA1-CA1,685,2 609.10 (1) (am) Except as provided in subs. (2) to (4), an employer that offers any of its employes a health maintenance organization or a preferred provider plan that provides comprehensive health care services shall also offer the employes a standard plan, as provided in pars. (b) and (c), that provides at least substantially equivalent coverage of health care expenses and a point-of-service option plan, as provided in pars. (b) and (c).

AB133-ASA1-CA1, s. 3036e Section 3036e. 609.10 (1) (ac) of the statutes is created to read:

AB133-ASA1-CA1,685,8 609.10 (1) (ac) In this section, "point-of-service option plan" means a health maintenance organization or preferred provider plan that permits an enrollee to obtain covered health care services from a provider that is not a participating provider of the health maintenance organization or preferred provider plan under all of the following conditions:

AB133-ASA1-CA1,685,10 1. The nonparticipating provider holds a license or certificate that authorizes or qualifies the provider to provide the health care services.

AB133-ASA1-CA1,685,14 2. The health maintenance organization or preferred provider plan is required to pay the nonparticipating provider only the amount that the health maintenance organization or preferred provider plan would pay a participating provider for those health care services.

AB133-ASA1-CA1,685,16 3. The enrollee is responsible for any additional costs or charges related to the coverage.

AB133-ASA1-CA1, s. 3036f Section 3036f. 609.10 (1) (b) of the statutes is amended to read:

AB133-ASA1-CA1,685,19 609.10 (1) (b) At least once annually, the employer shall provide the employes the opportunity to enroll in the health care plans under par. (a) (am).

AB133-ASA1-CA1, s. 3036g Section 3036g. 609.10 (1) (c) of the statutes is amended to read:

AB133-ASA1-CA1,685,25 609.10 (1) (c) The employer shall provide the employes adequate notice of the opportunity to enroll in the health care plans under par. (a) (am) and shall provide the employes complete and understandable information concerning the differences between among the health maintenance organization or preferred provider plan and, the standard plan and the point-of-service option plan.

AB133-ASA1-CA1, s. 3036h Section 3036h. 609.10 (2) of the statutes is amended to read:

AB133-ASA1-CA1,686,5 609.10 (2) If, after providing an opportunity to enroll under sub. (1) (b) and the notice and information under sub. (1) (c), fewer than 25 employes indicate that they wish to enroll in either the standard plan or the point-of-service option plan under sub. (1) (a) (am), the employer need not offer the standard that plan on that occasion.

AB133-ASA1-CA1, s. 3036i Section 3036i. 609.10 (3) of the statutes is renumbered 609.10 (3) (intro.) and amended to read:

AB133-ASA1-CA1,686,9 609.10 (3) (intro.) Subsection (1) does not apply to an employer that employs does any of the following:

AB133-ASA1-CA1,686,10 (a) Employs fewer than 25 full-time employes.

AB133-ASA1-CA1, s. 3036j Section 3036j. 609.10 (3) (b) of the statutes is created to read:

AB133-ASA1-CA1,686,15 609.10 (3) (b) Offers its employes a health maintenance organization or a preferred provider plan only through an insurer that is a cooperative association organized under ss. 185.981 to 185.985 or only through an insurer that is restricted under s. 609.03 (3).

AB133-ASA1-CA1, s. 3036k Section 3036k. 609.10 (6) of the statutes is created to read:

AB133-ASA1-CA1,686,19 609.10 (6) The commissioner shall promulgate rules necessary for the administration of the requirement to offer point-of-service option plans under sub. (1) (am).

AB133-ASA1-CA1, s. 3036n Section 3036n. 609.20 (3) of the statutes is amended to read:

AB133-ASA1-CA1,686,22 609.20 (3) To define substantially equivalent coverage of health care expenses for purposes of s. 609.10 (1) (a) (am).

AB133-ASA1-CA1, s. 3036p Section 3036p. 609.20 (4) of the statutes is amended to read:

AB133-ASA1-CA1,687,7 609.20 (4) To ensure that employes offered a health maintenance organization or a preferred provider plan that provides comprehensive services under s. 609.10 (1) (a) (am) are given adequate notice of the opportunity to enroll, as well as complete and understandable information under s. 609.10 (1) (c) concerning the differences between among the health maintenance organization or preferred provider plan and, the standard plan and the point-of-service option plan, as defined in s. 609.10 (1) (ac), including differences between among providers available and differences resulting from special limitations or requirements imposed by an institutional provider because of its affiliation with a religious organization.".

AB133-ASA1-CA1,687,8 1485. Page 1404, line 15: after that line insert:

AB133-ASA1-CA1,687,9 " Section 3035c. 609.05 (2) of the statutes is amended to read:

AB133-ASA1-CA1,687,13 609.05 (2) Subject to s. 609.22 (4) and (4m), a limited service health organization, preferred provider plan or managed care plan may require an enrollee to designate a primary provider and to obtain health care services from the primary provider when reasonably possible.

AB133-ASA1-CA1, s. 3035f Section 3035f. 609.05 (3) of the statutes is amended to read:

AB133-ASA1-CA1,687,19 609.05 (3) Except as provided in ss. 609.22 (4m), 609.65 and 609.655, a limited service health organization, preferred provider plan or managed care plan may require an enrollee to obtain a referral from the primary provider designated under sub. (2) to another participating provider prior to obtaining health care services from that participating provider.

AB133-ASA1-CA1, s. 3036r Section 3036r. 609.22 (4m) of the statutes is created to read:

AB133-ASA1-CA1,688,5 609.22 (4m) Obstetric and gynecologic services. (a) A managed care plan that provides coverage of obstetric or gynecologic services may not require a female enrollee of the managed care plan to obtain a referral for covered obstetric or gynecologic benefits provided by a participating provider who is a physician licensed under ch. 448 and who specializes in obstetrics and gynecology, regardless of whether the participating provider is the enrollee's primary provider. Notwithstanding sub. (4), the managed care plan may not require the enrollee to obtain a standing referral under the procedure established under sub. (4) (a) for covered obstetric or gynecologic benefits.

AB133-ASA1-CA1,688,6 (b) A managed care plan under par. (a) may not do any of the following:

AB133-ASA1-CA1,688,8 1. Penalize or restrict the coverage of a female enrollee on account of her having obtained obstetric or gynecologic services in the manner provided under par. (a).

AB133-ASA1-CA1,688,11 2. Penalize or restrict the contract of a participating provider on account of his or her having provided obstetric or gynecologic services in the manner provided under par. (a).

AB133-ASA1-CA1,688,14 (c) A managed care plan under par. (a) shall provide written notice of the requirement under par. (a) in every policy or group certificate issued by the managed care plan and during each open enrollment period.".