SB55-SSA1-SA2,417,24
23134.73 Identification of prisoner making telephone solicitation. (1)
24Definitions. In this section:
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1(a) "Contribution" has the meaning given in s. 440.41 (5).
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(b) "Prisoner" means a prisoner of any public or private correctional or
3detention facility that is located within or outside this state.
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(c) "Solicit" has the meaning given in s. 440.41 (8).
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(d) "Telephone solicitation" means the unsolicited initiation of a telephone
6conversation for any of the following purposes:
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1. To encourage a person to purchase property, goods, or services.
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2. To solicit a contribution from a person.
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3. To conduct an opinion poll or survey.
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10(2) Requirements. A prisoner who makes a telephone solicitation shall do all
11of the following immediately after the person called answers the telephone:
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(a) Identify himself or herself by name.
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(b) State that he or she is a prisoner.
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(c) Inform the person called of the name of the correctional or detention facility
15in which he or she is a prisoner and the city and state in which the facility is located.
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16(3) Territorial application. (a)
Intrastate. This section applies to any
17intrastate telephone solicitation.
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(b)
Interstate. This section applies to any interstate telephone solicitation
19received by a person in this state.
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20(4) Penalties. (a) A prisoner who violates this section may be required to forfeit
21not more than $500.
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(b) If a person who employes a prisoner to engage in telephone solicitation is
23concerned in the commission of a violation of this section as provided under s. 134.99,
24the person may be required to forfeit not more than $10,000.
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1134.95
(2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a
2person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71,
3134.72
, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that
4chapter, the person shall be subject to a supplemental forfeiture not to exceed
5$10,000 for that violation if the conduct by the defendant, for which the fine or
6forfeiture was imposed, was perpetrated against an elderly person or disabled person
7and if any of the factors under s. 100.264 (2) (a), (b)
, or (c) is present.".
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134.71
(12) Applications and forms. The department of agriculture, trade and
11consumer protection
, in consultation with the department of justice, shall develop
12applications and other forms required under subs. (5) (intro.) and (8) (c). The
13department
of agriculture, trade and consumer protection shall print a sufficient
14number of applications and forms to provide to counties and municipalities for
15distribution to pawnbrokers, secondhand article dealers and secondhand jewelry
16dealers at no cost.".
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20136.03 (title)
Duties of the department of agriculture, trade and
21consumer protection justice.
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136.03
(1) (intro.) The department of
agriculture, trade and consumer
24protection of justice shall investigate violations of this chapter and of rules and
1orders issued under s. 136.04. The department
of justice may subpoena persons and
2records to facilitate its investigations, and may enforce compliance with such
3subpoenas as provided in s. 885.12. The department
of justice may
in on behalf of
4the state:
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6136.04 Powers of the department of agriculture, trade and consumer
7protection justice. (1) The department of
agriculture, trade and consumer
8protection justice may adopt such rules as may be required to carry out the purposes
9of this chapter.
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10(2) The department of
agriculture, trade and consumer protection justice after
11public hearing may issue general or special orders to carry out the purposes of this
12chapter and to determine and prohibit unfair trade practices in business or unfair
13methods of competition in business pursuant to s. 100.20 (2) to (4).".
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20146.65 Rural health dental clinics.
(1) From the appropriation under s.
2120.435 (5) (dm), the department shall distribute moneys as follows:
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(a) In state fiscal year 2001-02, not more than $618,000 and in fiscal year
232002-03, not more than $232,000, to the rural health dental clinic located in
24Ladysmith that provides dental services to persons who are developmentally
1disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor,
2Sawyer, and Chippewa.
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(b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year
42002-03, not more than $355,600, to the rural health dental clinic located in
5Menomonie that provides dental services to persons who are developmentally
6disabled or elderly or who have low income, in the counties of Barron, Chippewa,
7Dunn, Pepin, Pierce, Polk, and St. Croix.
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8(2) The department shall also seek federal funding to support the operations
9of the rural health dental clinics under sub. (1).".
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146.83
(1) (b) Receive a copy of the patient's health care records upon payment
13of
reasonable costs fees, as established by rule under sub. (3m).
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146.83
(1) (c) Receive a copy of the health care provider's X-ray reports or have
16the X-rays referred to another health care provider of the patient's choice upon
17payment of
reasonable costs fees, as established by rule under sub. (3m).
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146.83
(3m) The department shall, by rule, prescribe fees that are based on an
20approximation of actual costs. The fees, plus applicable state tax, are the maximum
21amount that a health care provider may charge under sub. (1) (b) for duplicate
22patient health care records and under sub. (1) (c) for duplicate X-ray reports or the
23referral of X-rays to another health care provider of the patient's choice. The rule
1shall also permit the health care provider to charge for actual postage or other actual
2delivery costs.".
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5149.135 Special small employer insurer assessment. (1) In this section:
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(a) "Discontinued individual" means an individual who was covered under the
7health benefit plan subject to ch. 635 that was discontinued by the small employer
8insurer that provided the health benefit plan and who obtained coverage under the
9plan under this chapter after the coverage under the health benefit plan was
10discontinued.
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(b) "Health benefit plan" has the meaning given in s. 632.745 (11).
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(c) "Small employer" has the meaning given in s. 635.02 (7).
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(d) "Small employer insurer" has the meaning given in s. 635.02 (8).
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14(2) (a) Except as provided in sub. (3), a small employer insurer that
15discontinues coverage under a health benefit plan that is subject to ch. 635 shall pay
16a special assessment for each discontinued individual.
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(b) The assessment under this subsection shall be determined by multiplying
18the small employer insurer's number of discontinued individuals by the average cost
19of an eligible person in the year in which the small employer insurer discontinued
20the coverage under the health benefit plan. The average cost of an eligible person
21in the year in which the health benefit plan was discontinued shall be determined
22by deducting from the total costs of the plan under this chapter in that year all
23premiums paid in that year by all persons with coverage under the plan under this
1chapter, and then by dividing that amount by the total number of persons with
2coverage under the plan under this chapter in that year.
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(c) The assessment under this subsection shall also include all costs that are
4incurred by the small employer insurer's discontinued individuals during their first
56 months of coverage under the plan under this chapter and that are attributable to
6preexisting conditions.
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(d) The board shall determine when a small employer insurer must pay the
8assessment under this section.
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9(3) The assessment under sub. (2) does not apply if the small employer insurer
10discontinued coverage under the health benefit plan subject to ch. 635 for any of the
11following reasons:
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(a) The small employer failed to pay premiums or contributions in accordance
13with the terms of the health benefit plan or in a timely manner.
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(b) The small employer performed an act or engaged in a practice that
15constitutes fraud or made an intentional misrepresentation of material fact under
16the terms of the coverage.
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(c) The small employer failed to meet participation or contribution
18requirements under the health benefit plan.".
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149.143
(1) (intro.) The department shall pay or recover the operating costs of
22the plan from the appropriation under s. 20.435 (4) (v) and administrative costs of
23the plan from the appropriation under s. 20.435 (4) (u). For purposes of determining
24premiums, insurer assessments
under s. 149.13, and provider payment rate
1adjustments, the department shall apportion and prioritize responsibility for
2payment or recovery of plan costs from among the moneys constituting the fund as
3follows:
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149.143
(1) (b) 1. a. First, from premiums from eligible persons with coverage
6under s. 149.14 (2) (a) set at 150% of the rate that a standard risk would be charged
7under an individual policy providing substantially the same coverage and
8deductibles as are provided under the plan and from eligible persons with coverage
9under s. 149.14 (2) (b) set in accordance with s. 149.14 (5m), including amounts
10received for premium and deductible subsidies under s. 149.144 and under the
11transfer to the fund from the appropriation account under s. 20.435 (4) (ah),
and from
12premiums collected from eligible persons with coverage under s. 149.146 set in
13accordance with s. 149.146 (2) (b)
, and from 50% of small employer insurer
14assessments under s. 149.135.".
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149.143
(1) (b) 2. a. Fifty percent from insurer assessments
under s. 149.13,
20excluding assessments under s. 149.144
, and from 50% of small employer insurer
21assessments under s. 149.135.".
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4"
Section 2852bb. 157.061 (1) of the statutes is renumbered 157.061 (1c) and
5amended to read:
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157.061
(1c) "Burial" means entombment, inurnment
or, interment
, or
7placement in a mausoleum, vault, crypt, or columbarium.
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157.061
(1b) "Board" means the cemetery board.
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157.061
(1d) "Burial space" means a space that is used or intended to be used
12for the burial of human remains and, when used in reference to the sale, purchase,
13or ownership of a burial space, includes the right to bury human remains in the
14burial space.
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157.061
(1j) "Business representative" has the meaning given in s. 452.01 (3k).
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157.061
(1p) "Cemetery" means a place that is dedicated to and used or
19intended to be used for the final disposition of human remains.
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157.061
(2m) "Cemetery lot" means a grave or 2 or more contiguous graves
and,
22when used in reference to the sale, purchase or ownership of a cemetery lot, includes
23the right to bury human remains in that cemetery lot.
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1157.061
(3) "Cemetery merchandise" means goods associated with the burial
2of human remains, including monuments, markers, nameplates, vases
, and urns,
3and any services that are associated with supplying or delivering those goods or with
4the burial of human remains and that may be lawfully provided by a cemetery
5authority
, including opening and closing of a burial space. The term does not include
6caskets or outer burial containers.