Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,418,6 (d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:

SB55-SSA1-SA2,418,7 1. To encourage a person to purchase property, goods, or services.

SB55-SSA1-SA2,418,8 2. To solicit a contribution from a person.

SB55-SSA1-SA2,418,9 3. To conduct an opinion poll or survey.

SB55-SSA1-SA2,418,11 (2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:

SB55-SSA1-SA2,418,12 (a) Identify himself or herself by name.

SB55-SSA1-SA2,418,13 (b) State that he or she is a prisoner.

SB55-SSA1-SA2,418,15 (c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.

SB55-SSA1-SA2,418,17 (3) Territorial application. (a) Intrastate. This section applies to any intrastate telephone solicitation.

SB55-SSA1-SA2,418,19 (b) Interstate. This section applies to any interstate telephone solicitation received by a person in this state.

SB55-SSA1-SA2,418,21 (4) Penalties. (a) A prisoner who violates this section may be required to forfeit not more than $500.

SB55-SSA1-SA2,418,24 (b) If a person who employes a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under s. 134.99, the person may be required to forfeit not more than $10,000.

SB55-SSA1-SA2, s. 2826p Section 2826p. 134.95 (2) of the statutes is amended to read:

SB55-SSA1-SA2,419,7 134.95 (2) Supplemental forfeiture. If a fine or a forfeiture is imposed on a person for a violation under s. 100.171, 100.173, 100.174, 100.175, 100.177, 134.71, 134.72, 134.73, or 134.87 or ch. 136 or a rule promulgated under these sections or that chapter, the person shall be subject to a supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the defendant, for which the fine or forfeiture was imposed, was perpetrated against an elderly person or disabled person and if any of the factors under s. 100.264 (2) (a), (b), or (c) is present.".

SB55-SSA1-SA2,419,8 1101. Page 940, line 4: after that line insert:

SB55-SSA1-SA2,419,9 " Section 2817m. 134.71 (12) of the statutes is amended to read:

SB55-SSA1-SA2,419,16 134.71 (12) Applications and forms. The department of agriculture, trade and consumer protection, in consultation with the department of justice, shall develop applications and other forms required under subs. (5) (intro.) and (8) (c). The department of agriculture, trade and consumer protection shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.".

SB55-SSA1-SA2,419,17 1102. Page 940, line 5: delete lines 5 to 10.

SB55-SSA1-SA2,419,18 1103. Page 940, line 10: after that line insert:

SB55-SSA1-SA2,419,19 " Section 2828g. 136.03 (title) of the statutes is amended to read:

SB55-SSA1-SA2,419,21 136.03 (title) Duties of the department of agriculture, trade and consumer protection justice.

SB55-SSA1-SA2, s. 2828j Section 2828j. 136.03 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,420,4 136.03 (1) (intro.) The department of agriculture, trade and consumer protection of justice shall investigate violations of this chapter and of rules and orders issued under s. 136.04. The department of justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12. The department of justice may in on behalf of the state:

SB55-SSA1-SA2, s. 2828m Section 2828m. 136.04 of the statutes is amended to read:

SB55-SSA1-SA2,420,9 136.04 Powers of the department of agriculture, trade and consumer protection justice. (1) The department of agriculture, trade and consumer protection justice may adopt such rules as may be required to carry out the purposes of this chapter.

SB55-SSA1-SA2,420,13 (2) The department of agriculture, trade and consumer protection justice after public hearing may issue general or special orders to carry out the purposes of this chapter and to determine and prohibit unfair trade practices in business or unfair methods of competition in business pursuant to s. 100.20 (2) to (4).".

SB55-SSA1-SA2,420,14 1104. Page 942, line 16: delete "34" and substitute " 40.5".

SB55-SSA1-SA2,420,15 1105. Page 942, line 18: delete "68" and substitute " 81".

SB55-SSA1-SA2,420,17 1106. Page 944, line 15: delete the material beginning with that line and ending with page 945, line 8.

SB55-SSA1-SA2,420,18 1107. Page 946, line 7: delete lines 7 to 13 and substitute:

SB55-SSA1-SA2,420,19 " Section 2850bc. 146.65 of the statutes is created to read:

SB55-SSA1-SA2,420,21 146.65 Rural health dental clinics. (1) From the appropriation under s. 20.435 (5) (dm), the department shall distribute moneys as follows:

SB55-SSA1-SA2,421,2 (a) In state fiscal year 2001-02, not more than $618,000 and in fiscal year 2002-03, not more than $232,000, to the rural health dental clinic located in Ladysmith that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Rusk, Price, Taylor, Sawyer, and Chippewa.

SB55-SSA1-SA2,421,7 (b) In fiscal year 2001-02, not more than $294,500 and in state fiscal year 2002-03, not more than $355,600, to the rural health dental clinic located in Menomonie that provides dental services to persons who are developmentally disabled or elderly or who have low income, in the counties of Barron, Chippewa, Dunn, Pepin, Pierce, Polk, and St. Croix.

SB55-SSA1-SA2,421,9 (2) The department shall also seek federal funding to support the operations of the rural health dental clinics under sub. (1).".

SB55-SSA1-SA2,421,10 1108. Page 946, line 13: after that line insert:

SB55-SSA1-SA2,421,11 " Section 2850bg. 146.83 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,421,13 146.83 (1) (b) Receive a copy of the patient's health care records upon payment of reasonable costs fees, as established by rule under sub. (3m).

SB55-SSA1-SA2, s. 2850bh Section 2850bh. 146.83 (1) (c) of the statutes is amended to read:

SB55-SSA1-SA2,421,17 146.83 (1) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of reasonable costs fees, as established by rule under sub. (3m).

SB55-SSA1-SA2, s. 2850bi Section 2850bi. 146.83 (3m) of the statutes is created to read:

SB55-SSA1-SA2,422,2 146.83 (3m) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable state tax, are the maximum amount that a health care provider may charge under sub. (1) (b) for duplicate patient health care records and under sub. (1) (c) for duplicate X-ray reports or the referral of X-rays to another health care provider of the patient's choice. The rule shall also permit the health care provider to charge for actual postage or other actual delivery costs.".

SB55-SSA1-SA2,422,3 1109. Page 946, line 25: after that line insert:

SB55-SSA1-SA2,422,4 " Section 2850dm. 149.135 of the statutes is created to read:

SB55-SSA1-SA2,422,5 149.135 Special small employer insurer assessment. (1) In this section:

SB55-SSA1-SA2,422,10 (a) "Discontinued individual" means an individual who was covered under the health benefit plan subject to ch. 635 that was discontinued by the small employer insurer that provided the health benefit plan and who obtained coverage under the plan under this chapter after the coverage under the health benefit plan was discontinued.

SB55-SSA1-SA2,422,11 (b) "Health benefit plan" has the meaning given in s. 632.745 (11).

SB55-SSA1-SA2,422,12 (c) "Small employer" has the meaning given in s. 635.02 (7).

SB55-SSA1-SA2,422,13 (d) "Small employer insurer" has the meaning given in s. 635.02 (8).

SB55-SSA1-SA2,422,16 (2) (a) Except as provided in sub. (3), a small employer insurer that discontinues coverage under a health benefit plan that is subject to ch. 635 shall pay a special assessment for each discontinued individual.

SB55-SSA1-SA2,423,2 (b) The assessment under this subsection shall be determined by multiplying the small employer insurer's number of discontinued individuals by the average cost of an eligible person in the year in which the small employer insurer discontinued the coverage under the health benefit plan. The average cost of an eligible person in the year in which the health benefit plan was discontinued shall be determined by deducting from the total costs of the plan under this chapter in that year all premiums paid in that year by all persons with coverage under the plan under this chapter, and then by dividing that amount by the total number of persons with coverage under the plan under this chapter in that year.

SB55-SSA1-SA2,423,6 (c) The assessment under this subsection shall also include all costs that are incurred by the small employer insurer's discontinued individuals during their first 6 months of coverage under the plan under this chapter and that are attributable to preexisting conditions.

SB55-SSA1-SA2,423,8 (d) The board shall determine when a small employer insurer must pay the assessment under this section.

SB55-SSA1-SA2,423,11 (3) The assessment under sub. (2) does not apply if the small employer insurer discontinued coverage under the health benefit plan subject to ch. 635 for any of the following reasons:

SB55-SSA1-SA2,423,13 (a) The small employer failed to pay premiums or contributions in accordance with the terms of the health benefit plan or in a timely manner.

SB55-SSA1-SA2,423,16 (b) The small employer performed an act or engaged in a practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of the coverage.

SB55-SSA1-SA2,423,18 (c) The small employer failed to meet participation or contribution requirements under the health benefit plan.".

SB55-SSA1-SA2,423,19 1110. Page 948, line 20: after that line insert:

SB55-SSA1-SA2,423,20 " Section 2850Ldc. 149.143 (1) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,424,3 149.143 (1) (intro.) The department shall pay or recover the operating costs of the plan from the appropriation under s. 20.435 (4) (v) and administrative costs of the plan from the appropriation under s. 20.435 (4) (u). For purposes of determining premiums, insurer assessments under s. 149.13, and provider payment rate adjustments, the department shall apportion and prioritize responsibility for payment or recovery of plan costs from among the moneys constituting the fund as follows:

SB55-SSA1-SA2, s. 2850Ldm Section 2850Ldm. 149.143 (1) (b) 1. a. of the statutes is amended to read:

SB55-SSA1-SA2,424,14 149.143 (1) (b) 1. a. First, from premiums from eligible persons with coverage under s. 149.14 (2) (a) set at 150% of the rate that a standard risk would be charged under an individual policy providing substantially the same coverage and deductibles as are provided under the plan and from eligible persons with coverage under s. 149.14 (2) (b) set in accordance with s. 149.14 (5m), including amounts received for premium and deductible subsidies under s. 149.144 and under the transfer to the fund from the appropriation account under s. 20.435 (4) (ah), and from premiums collected from eligible persons with coverage under s. 149.146 set in accordance with s. 149.146 (2) (b), and from 50% of small employer insurer assessments under s. 149.135.".

SB55-SSA1-SA2,424,16 1111. Page 948, line 23: delete "assessments, excluding" and substitute "assessments under s. 149.13, excluding".

SB55-SSA1-SA2,424,17 1112. Page 949, line 2: after that line insert:

SB55-SSA1-SA2,424,18 " Section 2850Lem. 149.143 (1) (b) 2. a. of the statutes is amended to read:

SB55-SSA1-SA2,424,21 149.143 (1) (b) 2. a. Fifty percent from insurer assessments under s. 149.13, excluding assessments under s. 149.144, and from 50% of small employer insurer assessments under s. 149.135.".

SB55-SSA1-SA2,424,23 1113. Page 950, line 17: delete "assessments," and substitute "assessments under s. 149.13,".

SB55-SSA1-SA2,425,2 1114. Page 951, line 25: delete "assessments," and substitute "assessments under s. 149.13,".

SB55-SSA1-SA2,425,3 1115. Page 957, line 3: after that line insert:

SB55-SSA1-SA2,425,5 " Section 2852bb. 157.061 (1) of the statutes is renumbered 157.061 (1c) and amended to read:

SB55-SSA1-SA2,425,7 157.061 (1c) "Burial" means entombment, inurnment or, interment, or placement in a mausoleum, vault, crypt, or columbarium.

SB55-SSA1-SA2, s. 2852bd Section 2852bd. 157.061 (1b) of the statutes is created to read:

SB55-SSA1-SA2,425,9 157.061 (1b) "Board" means the cemetery board.

SB55-SSA1-SA2, s. 2852bf Section 2852bf. 157.061 (1d) of the statutes is created to read:

SB55-SSA1-SA2,425,14 157.061 (1d) "Burial space" means a space that is used or intended to be used for the burial of human remains and, when used in reference to the sale, purchase, or ownership of a burial space, includes the right to bury human remains in the burial space.

SB55-SSA1-SA2, s. 2852bh Section 2852bh. 157.061 (1j) of the statutes is created to read:

SB55-SSA1-SA2,425,16 157.061 (1j) "Business representative" has the meaning given in s. 452.01 (3k).

SB55-SSA1-SA2, s. 2852bj Section 2852bj. 157.061 (1p) of the statutes is created to read:

SB55-SSA1-SA2,425,19 157.061 (1p) "Cemetery" means a place that is dedicated to and used or intended to be used for the final disposition of human remains.

SB55-SSA1-SA2, s. 2852bL Section 2852bL. 157.061 (2m) of the statutes is amended to read:

SB55-SSA1-SA2,425,23 157.061 (2m) "Cemetery lot" means a grave or 2 or more contiguous graves and, when used in reference to the sale, purchase or ownership of a cemetery lot, includes the right to bury human remains in that cemetery lot.

SB55-SSA1-SA2, s. 2852bn Section 2852bn. 157.061 (3) of the statutes is amended to read:

SB55-SSA1-SA2,426,6 157.061 (3) "Cemetery merchandise" means goods associated with the burial of human remains, including monuments, markers, nameplates, vases, and urns, and any services that are associated with supplying or delivering those goods or with the burial of human remains and that may be lawfully provided by a cemetery authority, including opening and closing of a burial space. The term does not include caskets or outer burial containers.

SB55-SSA1-SA2, s. 2852bp Section 2852bp. 157.061 (3g) of the statutes is created to read:

SB55-SSA1-SA2,426,9 157.061 (3g) "Columbarium" means a building, structure, or part of a building or structure that is used or intended to be used for the inurnment of cremains.

SB55-SSA1-SA2, s. 2852br Section 2852br. 157.061 (3r) of the statutes is created to read:

SB55-SSA1-SA2,426,12 157.061 (3r) "Columbarium space" means a niche, crypt, or specific place in a columbarium that contains or is intended to contain cremains.

SB55-SSA1-SA2, s. 2852bt Section 2852bt. 157.061 (8g) of the statutes is created to read:

SB55-SSA1-SA2,426,16 157.061 (8g) "Lawn crypt" means an interment space in chambers that are preplaced at either a single depth or multiple depths and that are located primarily underground.