Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,505,9 8. The court determines that the interest rate on the loan does not exceed the weekly prime rate for the week prior to the date on which the court received a copy of the contract, 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 individual or organization making the loan any required fees or other costs charged the prize winner.

AB133-ASA1-AA2,505,11 (d) Contents of court order. A court order issued under par. (c) shall include all of the following:

AB133-ASA1-AA2,505,12 1. The name of the prize winner.

AB133-ASA1-AA2,505,15 2. The prize winner's social security number if the prize winner is an individual, or federal income tax identification number if the prize winner is an organization.

AB133-ASA1-AA2,505,17 3. The name of the individual or organization that is making the loan to the prize winner.

AB133-ASA1-AA2,505,19 4. The social security number of the individual or the federal income tax identification number of the organization that is making the loan to the prize winner.

AB133-ASA1-AA2,505,22 5. If an individual is making the loan to the prize winner, 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-AA2,506,5 (e) Administration. Upon receipt of a court order issued under par. (c), the individual or organization making the loan 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 making the loan 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-AA2, s. 3025pp Section 3025pp. 565.30 (6r) of the statutes is created to read:

AB133-ASA1-AA2,506,9 565.30 (6r) Voluntary assignment of lottery prize. (a) Definition. In this subsection, "assignor" means a lottery prizewinner or a person who has the right to assign all or part of a lottery prize.

AB133-ASA1-AA2,506,12 (b) Voluntary assignment. An assignor may make a voluntary assignment of a lottery prize or part of a lottery prize only pursuant to a court order issued under this subsection.

AB133-ASA1-AA2,506,18 (c) Judicial process for assignment. Any assignor who intends to voluntarily assign part or all of a lottery prize to any individual or organization shall petition the circuit court of the county in which the assignor resides or the circuit court of Dane County for a court order confirming the assignment. The circuit court of the county in which the assignor resides or the circuit court of Dane County shall issue an order confirming the assignment only if all of the following occur:

AB133-ASA1-AA2,506,19 1. The assignor is represented by independent legal counsel.

AB133-ASA1-AA2,506,20 2. A copy of the assignment is attached to the petition.

AB133-ASA1-AA2,506,22 3. The assignment is in writing, is executed by the assignor and is subject to the laws of this state.

AB133-ASA1-AA2,506,25 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-AA2,507,4 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-AA2,507,7 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-AA2,507,10 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-AA2,507,12 6. The assignment does not include the amounts of any withholdings specified under sub. (4), (5), (5m) or (5r).

AB133-ASA1-AA2,507,15 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-AA2,507,23 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-AA2,508,2 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-AA2,508,4 (d) Contents of court order. A court order issued under par. (c) shall include all of the following:

AB133-ASA1-AA2,508,6 1. The name of the prizewinner or the name of the assignor, if different from the prizewinner.

AB133-ASA1-AA2,508,8 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-AA2,508,10 3. The name of the individual or organization to whom part or all of the lottery prize is assigned.

AB133-ASA1-AA2,508,13 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-AA2,508,16 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-AA2,508,18 6. The number of assigned lottery prize payments and the dates on which the assigned lottery prize payments are to be paid.

AB133-ASA1-AA2,508,20 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-AA2,509,4 (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-AA2,509,5 990. Page 1404, line 15: after that line insert:

AB133-ASA1-AA2,509,7 " Section 3035m. 610.70 (1) (e) of the statutes, as created by 1997 Wisconsin Act 231, is amended to read:

AB133-ASA1-AA2,509,16 610.70 (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-AA2,509,17 991. Page 1404, line 15: after that line insert:

AB133-ASA1-AA2,509,18 " Section 3036f. 609.795 of the statutes is created to read:

AB133-ASA1-AA2,509,21 609.795 Prohibiting denial of payment for certain procedures. Limited service health organizations, preferred provider plans and managed care plans are subject to s. 632.872.".

AB133-ASA1-AA2,509,22 992. Page 1405, line 24: after that line insert:

AB133-ASA1-AA2,509,23 " Section 3044b. 632.89 (2) (a) 2. of the statutes is amended to read:

AB133-ASA1-AA2,510,4 632.89 (2) (a) 2. Except as provided in pars. (b) to (e), coverage of conditions under subd. 1. by a policy may be subject to exclusions or limitations, including deductibles and copayments, that are generally applicable to other conditions covered under the policy.

AB133-ASA1-AA2, s. 3044c Section 3044c. 632.89 (2) (b) 1. of the statutes is amended to read:

AB133-ASA1-AA2,510,12 632.89 (2) (b) 1. Except as provided in subd. 2., if a group or blanket disability insurance policy issued by an insurer provides coverage of inpatient hospital treatment or outpatient treatment or both, the policy shall provide coverage in every policy year as provided in pars. (c) to (dm), as appropriate, except that the total coverage under the policy for a policy year need not exceed $7,000 or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), the equivalent benefits measured in services rendered.

AB133-ASA1-AA2, s. 3044e Section 3044e. 632.89 (2) (c) 2. b. of the statutes is amended to read:

AB133-ASA1-AA2,510,19 632.89 (2) (c) 2. b. Seven thousand dollars minus a copayment of up to 10% any applicable cost sharing at the level charged under the policy for inpatient hospital services or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), $6,300 or the equivalent benefits measured in services rendered or, if the policy does not use cost sharing, $6,300 in equivalent benefits measured in services rendered.

AB133-ASA1-AA2, s. 3044ht Section 3044ht. 632.89 (2) (d) 2. of the statutes is amended to read:

AB133-ASA1-AA2,511,2 632.89 (2) (d) 2. Except as provided in par. (b), a policy under subd. 1. shall provide coverage in every policy year for not less than $2,000 minus a copayment of up to 10% any applicable cost sharing at the level charged under the policy for outpatient services or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), $1,800 or the equivalent benefits measured in services rendered or, if the policy does not use cost sharing, $1,800 in equivalent benefits measured in services rendered.

AB133-ASA1-AA2, s. 3044i Section 3044i. 632.89 (2) (dm) 2. of the statutes is amended to read:

AB133-ASA1-AA2,511,10 632.89 (2) (dm) 2. Except as provided in par. (b), a policy under subd. 1. shall provide coverage in every policy year for not less than $3,000 minus a copayment of up to 10% any applicable cost sharing at the level charged under the policy for transitional treatment arrangements or, if the coverage is provided by a health maintenance organization, as defined in s. 609.01 (2), $2,700 or the equivalent benefits measured in services rendered or, if the policy does not use cost sharing, $2,700 in equivalent benefits measured in services rendered.".

AB133-ASA1-AA2,511,11 993. Page 1405, line 24: after that line insert:

AB133-ASA1-AA2,511,12 " Section 3044d. 632.872 of the statutes is created to read:

AB133-ASA1-AA2,511,14 632.872 Prohibiting denial of payment for certain procedures. (1) In this section:

AB133-ASA1-AA2,511,15 (a) "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).

AB133-ASA1-AA2,511,17 (b) "Medicare Part B" means the federal supplementary medical insurance program under 42 USC 1395j to 1395w-2.

AB133-ASA1-AA2,511,22 (2) An insurer may not deny payment under a disability insurance policy or group certificate for a medical or surgical service or procedure on the basis that the service or procedure is an integral component of a 2nd medical or surgical service or procedure unless, under medicare Part B, payment for the first service or procedure is included in the payment for the 2nd service or procedure.".

AB133-ASA1-AA2,511,23 994. Page 1406, line 3: after that line insert:

AB133-ASA1-AA2,511,24 " Section 3044r. 635.20 of the statutes is created to read:

AB133-ASA1-AA2,512,5 635.20 Coverage of health insurance mandates. (1) Notwithstanding ss. 632.85, 632.87 (2), (3), (4) and (5), 632.89 and 632.895 (2), (3), (4), (5), (5m), (6), (7), (8), (9), (10), (11), (12) and (13), and subject to sub. (2), a small employer insurer may offer a small employer one or more group health benefit plans that do not include one or more of the following coverages:

AB133-ASA1-AA2,512,7 (a). Coverage related to treatment of an emergency medical condition, as required under s. 632.85.

AB133-ASA1-AA2,512,9 (b) Coverage of vision care provided by an optometrist, as required under s. 632.87 (2).

AB133-ASA1-AA2,512,10 (c) Coverage of chiropractic services, as required under s. 632.87 (3).

AB133-ASA1-AA2,512,12 (d) Coverage of the diagnosis and treatment of a condition by a dentist, as required under s. 632.87 (4).

AB133-ASA1-AA2,512,14 (e) Coverage of Papanicolaou tests performed by a nurse practitioner, as required under s. 632.87 (5).

AB133-ASA1-AA2,512,16 (f) Coverage of the treatment of alcoholism and nervous and mental disorders, as required under s. 632.89.

AB133-ASA1-AA2,512,17 (g) Coverage of home care, as required under s. 632.895 (2).

AB133-ASA1-AA2,512,18 (h) Coverage of skilled nursing care, as required under s. 632.895 (3).

AB133-ASA1-AA2,512,19 (i) Coverage of kidney disease treatment, as required under s. 632.895 (4).

AB133-ASA1-AA2,512,20 (j) Coverage for a newly born child, as required under s. 632.895 (5).

AB133-ASA1-AA2,512,21 (k) Coverage for a child of a covered child, as required under s. 632.895 (5m).

AB133-ASA1-AA2,512,22 (L) Coverage of diabetes treatment, as required under s. 632.895 (6).

AB133-ASA1-AA2,512,23 (m) Maternity coverage, as required under s. 632.895 (7).

AB133-ASA1-AA2,512,24 (n) Coverage of mammograms, as required under s. 632.895 (8).

AB133-ASA1-AA2,513,2 (o) Coverage of prescription medication for the treatment of human immunodeficiency virus infection, as required under s. 632.895 (9).

AB133-ASA1-AA2,513,3 (p) Coverage of blood lead tests for children, as required under s. 632.895 (10).

AB133-ASA1-AA2,513,5 (q) Coverage of treatment for the correction of temporomandibular disorders, as required under s. 632.895 (11).

AB133-ASA1-AA2,513,7 (r) Coverage related to hospital or ambulatory surgery center charges and anesthetics associated with dental care, as required under s. 632.895 (12).

AB133-ASA1-AA2,513,9 (s) Coverage of breast reconstruction incident to a mastectomy, as required under s. 632.895 (13).

AB133-ASA1-AA2,513,11 (2) A small employer insurer shall offer to a small employer at least one group health benefit plan that includes all of the coverages specified in sub. (1).

AB133-ASA1-AA2, s. 3044s Section 3044s. 635.20 of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.".

AB133-ASA1-AA2,513,14 995. Page 1407, line 7: after that line insert:

AB133-ASA1-AA2,513,15 " Section 3048m. 704.90 (5) (b) 1. b. of the statutes is repealed.

AB133-ASA1-AA2, s. 3048p Section 3048p. 704.90 (6) (a) 4. of the statutes is amended to read:

AB133-ASA1-AA2,513,19 704.90 (6) (a) 4. An advertisement of the sale is published once a week for 2 consecutive weeks in a newspaper of general circulation where the self-service storage facility is located.

AB133-ASA1-AA2, s. 3048t Section 3048t. 704.90 (6) (a) 5. a. of the statutes is amended to read:

AB133-ASA1-AA2,513,23 704.90 (6) (a) 5. a. A brief and general description of the personal property reasonably adequate to permit its identification, as provided in the notices notice under sub. (5) (b) 2.

AB133-ASA1-AA2, s. 3048w Section 3048w. 704.90 (6) (a) 6. of the statutes is amended to read:

AB133-ASA1-AA2,514,2 704.90 (6) (a) 6. The sale takes place not sooner than 15 days after the first publication under subd. 4.".

AB133-ASA1-AA2,514,3 996. Page 1407, line 18: after that line insert:

AB133-ASA1-AA2,514,4 " Section 3049m. 753.06 (8) (g) of the statutes is amended to read: