Amendment ASA1-AB100

AB100-ASA1, s. 3380 Section 3380. 569.015 of the statutes is created to read:

AB100-ASA1,1797,24 569.015 Indian gaming. (1) The secretary of administration shall appoint a director of Indian gaming, who shall advise the secretary on matters relating to Indian gaming and who shall assist the department in performing the functions of the department under this chapter. The director of Indian gaming shall serve at the pleasure of the secretary of administration.

AB100-ASA1,1798,4 (2) The secretary of administration shall appoint an attorney, whose duties shall include advising the secretary of administration and the governor on any Indian gaming compacts that may be entered into under s. 14.035. The attorney shall serve at the pleasure of the secretary of administration.

AB100-ASA1, s. 3381 Section 3381. 569.02 (intro.) of the statutes is amended to read:

AB100-ASA1,1798,8 569.02 (title) Indian gaming; general duties of board. (intro.) Under the direction of the board secretary of administration, the separate subunit established in the board under s. 561.14 director of Indian gaming shall do all of the following:

AB100-ASA1, s. 3382 Section 3382. 569.03 of the statutes is created to read:

AB100-ASA1,1798,11 569.03 Indian gaming security. The department may do any of the following:

AB100-ASA1,1798,13 (1) Provide all of the security services for the Indian gaming operations under this chapter.

AB100-ASA1,1798,15 (2) Monitor the regulatory compliance of Indian gaming operations under this chapter and under any Indian gaming compact entered into under s. 14.035.

AB100-ASA1,1798,16 (3) Audit the Indian gaming operations under this chapter.

AB100-ASA1,1798,17 (4) Investigate suspected violations of this chapter.

AB100-ASA1,1798,19 (5) Report suspected gaming-related criminal activity to the division of criminal investigation in the department of justice for investigation by that division.

AB100-ASA1,1798,22 (6) If the division of criminal investigation in the department of justice chooses not to investigate a report under sub. (5), coordinate an investigation of the suspected criminal activity with local law enforcement officials and district attorneys.

AB100-ASA1, s. 3383 Section 3383. 569.04 (1) of the statutes is amended to read:

AB100-ASA1,1799,3 569.04 (1) In accordance with an Indian gaming compact or with the regulations of or an agreement with the national Indian gaming commission, the board department shall certify and conduct background investigations of a person proposing to be an Indian gaming vendor and of employes of Indian tribes who are engaged in the conduct of gaming.

AB100-ASA1, s. 3384 Section 3384. 569.04 (2) of the statutes is amended to read:

AB100-ASA1,1799,11 569.04 (2) The board department shall require the persons who are subject to the background investigations under sub. (1) to be photographed and fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. Notwithstanding ss. 111.321, 111.322 and 111.335, the department of justice may submit the fingerprint cards to the federal bureau of investigation for the purpose of verifying the identity of the persons fingerprinted and obtaining records of their criminal arrests and convictions.

AB100-ASA1, s. 3385 Section 3385. 569.06 of the statutes is amended to read:

AB100-ASA1,1799,15 569.06 Indian gaming receipts. Indian gaming receipts shall be credited to the appropriation accounts under ss. 20.197 (1) (h) and 20.455 (2) (gc) and 20.505 (8) (h) as specified under ss. 20.197 (1) (h) and 20.455 (2) (gc) and 20.505 (8) (h).

AB100-ASA1, s. 3386 Section 3386. 600.01 (1) (b) 8. of the statutes is amended to read:

AB100-ASA1,1799,21 600.01 (1) (b) 8. Guarantees of the Wisconsin housing and economic development authority Housing and Economic Development Authority under ss. 234.67, 234.68, 234.69, 234.765, 234.82, s. 234.68, 1995 stats., s. 234.69, 1995 stats., s. 234.765, 1995 stats., s. 234.82, 1995 stats., s. 234.87, 1995 stats., and ss. 234.67, 234.83, 234.84, 234.87 234.88, 234.90, 234.905, 234.907 and 234.91.

AB100-ASA1, s. 3387 Section 3387. 601.41 (1) of the statutes is amended to read:

AB100-ASA1,1800,2 601.41 (1) Duties. The commissioner shall administer and enforce chs. 153 and 600 to 655 and ss. 59.52 (11) (c), 66.184 and 120.13 (2) (b) to (g) and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB100-ASA1, s. 3388 Section 3388 . 601.41 (1) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,1800,8 601.41 (1) Duties. The commissioner shall administer and enforce chs. 600 to 655 and ss. 59.52 (11) (c), 66.184 and, 120.13 (2) (b) to (g), 149.13 and 149.144 and shall act as promptly as possible under the circumstances on all matters placed before the commissioner.

AB100-ASA1, s. 3389 Section 3389. 601.415 (12) of the statutes is created to read:

AB100-ASA1,1800,13 601.415 (12) Health insurance risk-sharing plan. The commissioner shall perform the duties specified to be performed by the commissioner in ss. 149.13 and 149.144. The commissioner, or his or her designee, shall serve as a member of the board under s. 149.15.

AB100-ASA1, s. 3390 Section 3390. 601.429 of the statutes is repealed.

AB100-ASA1, s. 3391 Section 3391. 601.64 (1) of the statutes is amended to read:

AB100-ASA1,1800,22 601.64 (1) Injunctions and restraining orders. The commissioner may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction or by temporary restraining order any violation of chs. 600 to 655, s. 149.13 or 149.144, any rule promulgated under chs. 600 to 655 or any order issued under s. 601.41 (4). Except as provided in s. 641.20, the commissioner need not show irreparable harm or lack of an adequate remedy at law in an action commenced under this subsection.

AB100-ASA1, s. 3392 Section 3392. 601.64 (3) (a) of the statutes is amended to read:

AB100-ASA1,1801,2 601.64 (3) (a) Restitutionary forfeiture. Whoever violates an effective order issued under s. 601.41 (4) or, any insurance statute or rule or s. 149.13 or 149.144 shall forfeit to the state twice the amount of any profit gained from the violation, in addition to any other forfeiture or penalty imposed.

AB100-ASA1, s. 3393 Section 3393. 601.64 (3) (c) of the statutes is amended to read:

AB100-ASA1,1801,10 601.64 (3) (c) Forfeiture for violation of statute or rule. Whoever violates an insurance statute or rule or s. 149.13 or 149.144, intentionally aids a person in violating an insurance statute or rule or s. 149.13 or 149.144 or knowingly permits a person over whom he or she has authority to violate an insurance statute or rule or s. 149.13 or 149.144 shall forfeit to the state not more than $1,000 for each violation. If the statute or rule imposes a duty to make a report to the commissioner, each week of delay in complying with the duty is a new violation.

AB100-ASA1, s. 3394 Section 3394. 601.64 (4) of the statutes is amended to read:

AB100-ASA1,1801,18 601.64 (4) Criminal penalty. Whoever intentionally violates or intentionally permits any person over whom he or she has authority to violate or intentionally aids any person in violating any insurance statute or rule of this state , s. 149.13 or 149.144 or any effective order issued under s. 601.41 (4) may, unless a specific penalty is provided elsewhere in the statutes, be fined not more than $10,000 if a corporation or if a natural person be fined not more than $5,000 or imprisoned for not to exceed 3 years or both. Intent has the meaning expressed under s. 939.23.

AB100-ASA1, s. 4804c Section 4804c. 609.78 of the statutes is created to read:

AB100-ASA1,1801,23 609.78 Coverage of procedures involving a bone, joint, muscle or tissue and intraoral splint therapy devices. Health maintenance organizations, limited service health organizations and preferred provider plans are subject to s. 632.895 (11).

AB100-ASA1, s. 4804e Section 4804e. 609.79 of the statutes is created to read:

AB100-ASA1,1802,3 609.79 Coverage of hospital services and anesthetics for dental care. Health maintenance organizations, limited service health organizations and preferred provider plans are subject to s. 632.895 (12).

AB100-ASA1, s. 3395 Section 3395. 613.03 (3) of the statutes is amended to read:

AB100-ASA1,1802,9 613.03 (3) Applicability of insurance laws. Except as otherwise specifically provided, service insurance corporations organized or operating under this chapter are subject to subch. II of ch. 619 and ss. 610.01, 610.11, 610.21, 610.23 and 610.24 and chs. 600, 601, 609, 617, 620, 623, 625, 627, 628, 631, 632, 635 and 645 and to no other insurance laws.

AB100-ASA1, s. 3396 Section 3396. 613.03 (4) of the statutes is created to read:

AB100-ASA1,1802,12 613.03 (4) Mandatory health insurance risk-sharing plan. Service insurance corporations organized or operating under this chapter are subject to ch. 149.

AB100-ASA1, s. 3397 Section 3397. 614.05 (1) of the statutes is amended to read:

AB100-ASA1,1802,15 614.05 (1) Chapters 611 and 619. No section of ch. 611 or subch. I of ch. 619 applies to fraternals unless it is specifically made applicable by this chapter.

AB100-ASA1, s. 3398 Section 3398. Subchapter I of chapter 619 [precedes 619.001] of the statutes is renumbered chapter 619 [precedes 619.001].

AB100-ASA1, s. 3399 Section 3399. Subchapter I (title) of chapter 619 [precedes 619.01] of the statutes is repealed.

AB100-ASA1, s. 3400 Section 3400. Subchapter II (title) of chapter 619 [precedes 619.10] of the statutes is repealed.

AB100-ASA1, s. 3401 Section 3401. 619.10 (intro.) of the statutes is renumbered 149.10 (intro.) and amended to read:

AB100-ASA1,1802,24 149.10 Definitions. (intro.) In this subchapter chapter:

AB100-ASA1, s. 3402 Section 3402. 619.10 (1) of the statutes is repealed.

AB100-ASA1, s. 3403 Section 3403. 619.10 (1m) of the statutes is repealed.

AB100-ASA1, s. 3404 Section 3404. 619.10 (2) of the statutes is renumbered 149.10 (2) and amended to read:

AB100-ASA1,1803,5 149.10 (2) "Board" means the board of governors established under s. 619.15 149.15.

AB100-ASA1, s. 4817b Section 4817b. 619.10 (2c) of the statutes is created to read:

AB100-ASA1,1803,8 619.10 (2c) "Church plan" has the meaning given in section 3 (33) of the federal Employee Retirement Income Security Act of 1974.

AB100-ASA1, s. 4817bm Section 4817bm. 619.10 (2c) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 149.10 (2c).

AB100-ASA1, s. 4817c Section 4817c. 619.10 (2j) of the statutes is created to read:

AB100-ASA1,1803,13 619.10 (2j) (a) Except as provided in par. (b), "creditable coverage" means coverage under any of the following:

AB100-ASA1,1803,14 1. A group health plan.

AB100-ASA1,1803,15 2. Health insurance.

AB100-ASA1,1803,16 3. Part A or part B of title XVIII of the federal Social Security Act.

AB100-ASA1,1803,18 4. Title XIX of the federal Social Security Act, except for coverage consisting solely of benefits under section 1928 of that act.

AB100-ASA1,1803,19 5. Chapter 55 of title 10 of the United States Code.

AB100-ASA1,1803,21 6. A medical care program of the federal Indian health service or of an American Indian tribal organization.

AB100-ASA1,1803,22 7. A state health benefits risk pool.

AB100-ASA1,1803,23 8. A health plan offered under chapter 89 of title 5 of the United States Code.

AB100-ASA1,1803,24 9. A public health plan.

AB100-ASA1,1804,2 10. A health coverage plan under section 5 (e) of the federal Peace Corps Act, 22 USC 2504 (e).

AB100-ASA1,1804,4 (b) "Creditable coverage" does not include coverage consisting solely of coverage of excepted benefits, as defined in section 2791 (c) of P.L. 104-191.

AB100-ASA1, s. 4817cm Section 4817cm. 619.10 (2j) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 149.10 (2j).

AB100-ASA1, s. 4817m Section 4817m. 619.10 (2t) of the statutes is created to read:

AB100-ASA1,1804,9 619.10 (2t) "Eligible individual" means an individual for whom all of the following apply:

AB100-ASA1,1804,11 (a) The aggregate of the individual's periods of creditable coverage is 18 months or more.

AB100-ASA1,1804,14 (b) The individual's most recent period of creditable coverage was under a group health plan, governmental plan, federal governmental plan or church plan, or under any health insurance offered in connection with any of those plans.

AB100-ASA1,1804,18 (c) The individual does not have creditable coverage and is not eligible for coverage under a group health plan, part A or part B of title XVIII of the federal Social Security Act or a state plan under title XIX of the federal Social Security Act or any successor program.

AB100-ASA1,1804,21 (d) The individual's most recent period of creditable coverage was not terminated for any reason related to fraud or intentional misrepresentation of material fact or a failure to pay premiums.

AB100-ASA1,1804,24 (e) If the individual was offered the option of continuation coverage under a federal continuation provision or similar state program, the individual elected the continuation coverage.

AB100-ASA1,1804,25 (f) The individual has exhausted any continuation coverage under par. (e).

AB100-ASA1, s. 4817mm Section 4817mm. 619.10 (2t) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 149.10 (2t).

AB100-ASA1, s. 3405 Section 3405. 619.10 (3) of the statutes is renumbered 149.10 (3) and amended to read:

AB100-ASA1,1805,7 149.10 (3) "Eligible person" means a resident of this state who qualifies under s. 619.12 149.12 whether or not the person is legally responsible for the payment of medical expenses incurred on the person's behalf.

AB100-ASA1, s. 4818c Section 4818c. 619.10 (3c) of the statutes is created to read:

AB100-ASA1,1805,9 619.10 (3c) "Federal continuation provision" means any of the following:

AB100-ASA1,1805,11 (a) Section 4980B of the Internal Revenue Code of 1986, except for section 4980B (f) (1) of that code insofar as it relates to pediatric vaccines.

AB100-ASA1,1805,13 (b) Part 6 of subtitle B of title I of the federal Employee Retirement Income Security Act of 1974, except for section 609 of that act.

AB100-ASA1,1805,14 (c) Title XXII of P.L. 104-191.

AB100-ASA1, s. 4818cm Section 4818cm. 619.10 (3c) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 149.10 (3c).