Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,278,21 (c) In addition to the disclosures required under s. 635.11, before the issuance or renewal of a group health benefit plan to a small employer in this state on or between the dates specified by rule under sub. (5) (b), a small employer insurer that chooses to participate in the program under this section shall disclose to the small employer all of the following:

AB1-ASA1-AA1,278,24 1. The small employer insurer's current threshold level of covered benefits under sub. (2) (a), the covered benefits to which the threshold level applies, and the calendar years to which the threshold level applies.

AB1-ASA1-AA1,279,3 2. The amount of the total premium that is attributable to coverage for the small employer insurer's threshold level of covered benefits and 20% of covered benefits in excess of that threshold level.

AB1-ASA1-AA1,279,5 3. The amount of the total premium that is the premium amount established by rule under sub. (5) (a).

AB1-ASA1-AA1,279,18 (4) Provider discounts. (a) The commissioner shall promulgate a rule determined by the board that establishes provider discount rates for charges for covered services provided to insureds under group health benefit plans that are issued or renewed to small employers in this state on or between the dates specified by rule under sub. (5) (b). The rule may provide for higher provider discount rates for covered benefits under group health benefit plans that are issued by small employer insurers that specify higher threshold levels under sub. (2) (a). The rule shall provide that a provider's charges for which a small employer insurer seeks reimbursement shall be discounted in the same proportion that the provider's charges bears to the total amount of provider charges for which the small employer insurer seeks reimbursement. The provider discount rates under this paragraph apply only to services for which the commissioner provides reimbursement under sub. (2) (c).

AB1-ASA1-AA1,279,24 (b) Except for copayments, coinsurance, or deductibles required or authorized under a group health benefit plan, a provider of a covered service, drug, or device shall accept as payment in full for the covered service, drug, or device the discounted payment rate under par. (a) and may not bill the insured under the group health benefit plan who receives the service, drug, or device for any amount by which the charge is reduced under par. (a).

AB1-ASA1-AA1,280,2 (5) Rules. The commissioner shall promulgate rules developed by the board for the operation of this section, including rules that do all of the following:

AB1-ASA1-AA1,280,9 (a) Establish and periodically adjust the premium amounts that must be charged to small employers under sub. (3) (c) 3. by small employer insurers that choose to participate in the program under this section. The premium amounts under sub. (3) (c) 3. shall be based on an actuarily sound charge per covered individual that is calculated to generate sufficient moneys, in conjunction with provider discounts under sub. (4), to cover the reimbursements required under sub. (2) (c).

AB1-ASA1-AA1,280,11 (b) Specify the dates that apply in sub. (3) (a), subject to the dates specified in par. (c) and sub. (2) (c).

AB1-ASA1-AA1,280,14 (c) Specify the dates by which a small employer insurer must forward to the board the premiums established under par. (a). The first date by which the premiums must be forwarded to the board may not be later than July 1, 2003.

AB1-ASA1-AA1,280,17 (d) Specify the procedures that small employer insurers must use for collecting, segregating, holding in trust, and forwarding to the board the premiums established under par. (a).

AB1-ASA1-AA1,280,21 (e) Specify the procedures that small employer insurers must use for obtaining reimbursement under sub. (2) (c), including requirements for documenting the payment of covered benefits for determining whether a small employer insurer has paid its threshold level of covered benefits.".

AB1-ASA1-AA1,280,22 260. Page 225, line 3: after that line insert:

AB1-ASA1-AA1,280,23 " Section 522n. 895.25 of the statutes is created to read:

AB1-ASA1-AA1,281,5 895.25 Multiple-form requirement. If any person is required to submit a form to a state agency, as defined in s. 20.001 (1), or a political subdivision of the state, that is composed of multiple-part, carbonless copies, that requirement is met if the person submits the number of copies required without using multiple-part, carbonless paper.".

AB1-ASA1-AA1,281,6 261. Page 225, line 22: after that line insert:

AB1-ASA1-AA1,281,7 " Section 529j. 938.295 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,281,19 938.295 (2) (a) If there is probable cause to believe that the juvenile has committed the alleged offense and if there is reason to doubt the juvenile's competency to proceed, or upon entry of a plea under s. 938.30 (4) (c) the court shall order the juvenile to be examined by a psychiatrist or licensed psychologist. The expenses of an cost of the examination, if approved by the court, shall be paid by the county of the court ordering the examination, and the county may recover that cost from the juvenile's parent or guardian as provided in par. (c). Evaluation shall be made on an outpatient basis unless the juvenile presents a substantial risk of physical harm to the juvenile or others; or the juvenile, parent, or guardian, and legal counsel or guardian ad litem, consent to an inpatient evaluation. Any inpatient evaluation shall be for a specified period that is no longer than is necessary to complete the evaluation.

AB1-ASA1-AA1, s. 529k Section 529k. 938.295 (2) (c) of the statutes is created to read:

AB1-ASA1-AA1,282,4 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may recover a reasonable contribution toward that cost from the juvenile's parent or guardian, based on the ability of the parent or guardian to pay. If the examination is provided or otherwise funded by the county department under s. 46.215, 46.22, or 46.23, the county department shall collect the contribution of the parent or guardian as provided in s. 301.03 (18). If the examination is provided or otherwise funded by the county department under s. 51.42 or 51.437, the county department shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).".

AB1-ASA1-AA1,282,5 262. Page 226, line 10: after that line insert:

AB1-ASA1-AA1,282,6 " Section 531g. 938.34 (15m) (am) of the statutes is amended to read:

AB1-ASA1-AA1,282,13 938.34 (15m) (am) Except as provided in par. (bm), if the juvenile is adjudicated delinquent on the basis of any violation, or the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the juvenile report under s. 301.45.

AB1-ASA1-AA1, s. 531r Section 531r. 938.345 (3) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-AA1,282,23 938.345 (3) (a) (intro.) If the court finds that a juvenile is in need of protection or services on the basis of a violation, or the solicitation, conspiracy , or attempt to commit a violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the juvenile to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the juvenile report under s. 301.45. In determining whether it would be in the interest of public protection to have the juvenile report under s. 301.45, the court may consider any of the following:".

AB1-ASA1-AA1,282,24 263. Page 227, line 4: after that line insert:

AB1-ASA1-AA1,283,2 " Section 533g. 938.355 (4m) of the statutes is renumbered 938.355 (4m) (a) and amended to read:

AB1-ASA1-AA1,283,8 938.355 (4m) (a) A juvenile who has been adjudged delinquent may, on attaining 17 years of age, petition the court to expunge the court's record of the juvenile's adjudication. The Subject to par. (b), the court may expunge the court's record of the juvenile's adjudication if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expungement.

AB1-ASA1-AA1, s. 533r Section 533r. 938.355 (4m) (b) of the statutes is created to read:

AB1-ASA1-AA1,283,15 938.355 (4m) (b) The court shall expunge the court's record of a juvenile's adjudication if it was the juvenile's first adjudication based on a violation of s. 942.08 (2) (b) or (c) and if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order. Notwithstanding s. 938.396 (2) (a), the court shall notify the department promptly of any expungement under this paragraph.".

AB1-ASA1-AA1,283,16 264. Page 228, line 3: after that line insert:

AB1-ASA1-AA1,283,17 " Section 535m. 939.24 (2) of the statutes is amended to read:

AB1-ASA1-AA1,283,20 939.24 (2) Except as provided in ss. 940.285, 940.29 and, 940.295, and 943.76, if criminal recklessness is an element of a crime in chs. 939 to 951, the recklessness is indicated by the term "reckless" or "recklessly".".

AB1-ASA1-AA1,283,21 265. Page 255, line 2: after that line insert:

AB1-ASA1-AA1,283,22 " Section 700d. 942.08 (1) (b) of the statutes is amended to read:

AB1-ASA1-AA1,284,3 942.08 (1) (b) "Private place" means a place where a person may reasonably expect to be safe from surveillance being observed without his or her knowledge and consent.

AB1-ASA1-AA1, s. 700j Section 700j. 942.08 (2) of the statutes is renumbered 942.08 (2) (intro.) and amended to read:

AB1-ASA1-AA1,284,7 942.08 (2) (intro.) Whoever knowingly does any of the following is guilty of a Class A misdemeanor:

AB1-ASA1-AA1,284,11 (a) Knowingly installs a surveillance device in any private place, or uses a surveillance device that has been installed in a private place, with the intent to observe any nude or partially nude person without the consent of the person observed is guilty of a Class A misdemeanor.

AB1-ASA1-AA1, s. 700q Section 700q. 942.08 (2) (b) of the statutes is created to read:

AB1-ASA1-AA1,284,16 942.08 (2) (b) For the purpose of sexual arousal or gratification and without the consent of any person who is present in the private place, looks into a private place that is or is part of a public accommodation, as defined in s. 134.48 (1) (b), and in which a person may reasonably be expected to be nude or partially nude.

AB1-ASA1-AA1, s. 700w Section 700w. 942.08 (2) (c) of the statutes is created to read:

AB1-ASA1-AA1,284,22 942.08 (2) (c) Enters private property without the consent of any person present on the property and, for the purpose of sexual arousal or gratification, with the intent to intrude upon or interfere with the privacy of another, and without the consent of any person who is present in the dwelling, looks into the dwelling of another.".

AB1-ASA1-AA1,284,23 266. Page 271, line 8: after that line insert:

AB1-ASA1-AA1,285,2 " Section 810g. 943.76 (1) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 943.76 (1) (intro.) and amended to read:

AB1-ASA1-AA1,285,3 943.76 (1) (intro.) In this section, "livestock":

AB1-ASA1-AA1,285,6 (a) "Livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (a), poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.

AB1-ASA1-AA1, s. 810k Section 810k. 943.76 (1) (b) of the statutes is created to read:

AB1-ASA1-AA1,285,8 943.76 (1) (b) "Paratuberculosis" has the meaning given in s. 95.001 (1) (c).

AB1-ASA1-AA1, s. 810n Section 810n. 943.76 (1) (c) of the statutes is created to read:

AB1-ASA1-AA1,285,12 943.76 (1) (c) "Reckless conduct" means conduct which creates a substantial risk of an animal's death or a substantial risk of bodily harm to an animal if the actor is aware of that risk.".

AB1-ASA1-AA1,285,13 267. Page 271, line 8: after that line insert:

AB1-ASA1-AA1,285,15 " Section 810d. 943.76 (1) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-AA1,285,18 943.76 (1) In this section, "livestock" means cattle, horses, swine, sheep, goats, farm-raised deer, as defined in s. 95.001 (1) (a), poultry, and other animals used or to be used in the production of food, fiber, or other commercial products.".

AB1-ASA1-AA1,285,19 268. Page 271, line 18: after that line insert:

AB1-ASA1-AA1,285,20 " Section 812m. 943.76 (3) of the statutes is created to read:

AB1-ASA1-AA1,285,23 943.76 (3) (a) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into livestock without the consent of the owner of the livestock is guilty of a Class A misdemeanor.

AB1-ASA1-AA1,286,3 (b) Whoever, through reckless conduct, introduces a contagious or infectious disease other than paratuberculosis into wild deer without the consent of the department of natural resources is guilty of a Class A misdemeanor.

AB1-ASA1-AA1,286,8 (c) This subsection does not apply if the actor's conduct is undertaken pursuant to a directive issued by the department of agriculture, trade and consumer protection or an agreement between the actor and the department of agriculture, trade and consumer protection, if the purpose of the directive or the agreement is to prevent or control the spread of the disease.".

AB1-ASA1-AA1,286,9 269. Page 271, line 18: after that line insert:

AB1-ASA1-AA1,286,10 " Section 812t. 943.76 (4) of the statutes is created to read:

AB1-ASA1-AA1,286,13 943.76 (4) (a) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class D felony if one of the following applies:

AB1-ASA1-AA1,286,15 1. The owner of the livestock is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.

AB1-ASA1-AA1,286,18 2. The owner of the livestock is unaware of the threat, but if the owner were apprised of the threat, it would be reasonable for the owner to believe that the actor would attempt to carry out the threat.

AB1-ASA1-AA1,286,21 (b) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class D felony if one of the following applies:

AB1-ASA1-AA1,286,23 1. The department of natural resources is aware of the threat and reasonably believes that the actor will attempt to carry out the threat.

AB1-ASA1-AA1,287,3 2. The department of natural resources is unaware of the threat, but if the department were apprised of the threat, it would be reasonable for the department to believe that the actor would attempt to carry out the threat.

AB1-ASA1-AA1, s. 812u Section 812u. 943.76 (4) (a) (intro.) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-AA1,287,9 943.76 (4) (a) (intro.) Whoever intentionally threatens to introduce a contagious or infectious disease into livestock located in this state without the consent of the owner of the livestock is guilty of a Class D H felony if one of the following applies:

AB1-ASA1-AA1, s. 812v Section 812v. 943.76 (4) (b) (intro.) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-AA1,287,15 943.76 (4) (b) (intro.) Whoever intentionally threatens to introduce a contagious or infectious disease into wild deer located in this state without the consent of the department of natural resources is guilty of a Class D H felony if one of the following applies:".

AB1-ASA1-AA1,287,16 270. Page 327, line 10: after that line insert:

AB1-ASA1-AA1,287,17 " Section 1108m. 971.17 (1m) (b) 1m. of the statutes is amended to read:

AB1-ASA1-AA1,288,2 971.17 (1m) (b) 1m. Except as provided in subd. 2m., if the defendant under sub. (1) is found not guilty by reason of mental disease or defect for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the defendant to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the defendant report under s. 301.45.".

AB1-ASA1-AA1,288,3 271. Page 332, line 23: after that line insert:

AB1-ASA1-AA1,288,5 " Section 1134f. 973.015 (1) of the statutes is renumbered 973.015 (1) (a) and amended to read:

AB1-ASA1-AA1,288,11 973.015 (1) (a) When Subject to par. (b), when a person is under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition.

AB1-ASA1-AA1, s. 1134m Section 1134m. 973.015 (1) (b) of the statutes is created to read:

AB1-ASA1-AA1,288,16 973.015 (1) (b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of s. 942.08 (2) (b) or (c) and the person was under the age of 18 when he or she committed it.

AB1-ASA1-AA1, s. 1134t Section 1134t. 973.015 (2) of the statutes is amended to read:

AB1-ASA1-AA1,289,2 973.015 (2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.".

AB1-ASA1-AA1,289,4 272. Page 338, line 22: delete the material beginning with that line and ending on page 339, line 4, and substitute:

AB1-ASA1-AA1,289,10 "(10m) Required findings of fact. (a) Except as provided in par. (b), the court shall make explicit findings of fact in open court and on the record to support each element of its sentencing decision, including its decision as to whether to impose a bifurcated sentence under s. 973.01 or to place a person on probation and its decision as to the length of a bifurcated sentence, including the length of each component of the bifurcated sentence, the amount of a fine, and the length of a term of probation.

AB1-ASA1-AA1,289,13 (b) If the court determines that is not in the interest of the defendant to make the finding of fact required under par. (a) in the defendant's presence, the court shall make the findings of fact in writing and include the written findings in the record.".

AB1-ASA1-AA1,289,14 273. Page 339, line 13: after that line insert:

AB1-ASA1-AA1,289,15 " Section 1140m. 973.048 (1m) of the statutes is amended to read:

AB1-ASA1-AA1,289,22 973.048 (1m) Except as provided in sub. (2m), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, under ch. 940, 944, or 948 or ss. 942.08 or 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.".

AB1-ASA1-AA1,289,23 274. Page 345, line 19: after that line insert:

AB1-ASA1-AA1,289,24 " Section 1151r. 979.012 of the statutes is created to read: