Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,434,10 632.89 (5) (b) Exclusion Certain health care plans. This subsection section does not apply to a health care plan offered by a limited service health organization, as defined in s. 609.01 (3), or by a preferred provider plan, as defined in s. 609.01 (4), that is not a managed care plan, as defined in s. 609.01 (3c).

AB1-SSA1-SA2, s. 509pr Section 509pr. 632.89 (2m) of the statutes is renumbered 632.89 (4m).

AB1-SSA1-SA2, s. 509ps Section 509ps. 632.89 (3) of the statutes is created to read:

AB1-SSA1-SA2,434,17 632.89 (3) Equal coverage requirement. (a) Group plans. A group health benefit plan or a self-insured health plan that provides coverage for the treatment of nervous and mental disorders and alcoholism and other drug abuse problems shall provide the same coverage for that treatment that it provides for the treatment of physical conditions.

AB1-SSA1-SA2,434,21 (b) Individual plans. If an individual health benefit plan provides coverage for the treatment of nervous or mental disorders or alcoholism or other drug abuse problems, the individual health benefit plan shall provide the same coverage for that treatment that it provides for the treatment of physical conditions.

AB1-SSA1-SA2,435,2 (c) All coverage components. The requirements under this subsection apply to all coverage-related components, including rates; exclusions and limitations; deductibles; copayments; coinsurance; annual and lifetime payment limits; out-of-pocket limits; out-of-network charges; day, visit, or appointment limits; duration or frequency of coverage; and medical necessity definitions.

AB1-SSA1-SA2, s. 509pt Section 509pt. 632.89 (3m) of the statutes is repealed.

AB1-SSA1-SA2, s. 509pu Section 509pu. 632.89 (5) (title) of the statutes is amended to read:

AB1-SSA1-SA2,435,5 632.89 (5) (title) Medicare exclusion Exclusions.

AB1-SSA1-SA2, s. 509pv Section 509pv. 632.89 (5) of the statutes is renumbered 632.89 (5) (a).

AB1-SSA1-SA2, s. 509pw Section 509pw. 632.89 (5) (a) (title) of the statutes is created to read:

AB1-SSA1-SA2,435,8 632.89 (5) (a) (title) Medicare.

AB1-SSA1-SA2, s. 509sf Section 509sf. 632.895 (15) of the statutes is created to read:

AB1-SSA1-SA2,435,10 632.895 (15) Contraceptive articles and services. (a) In this subsection:

AB1-SSA1-SA2,435,11 1. "Contraceptive article" means any of the following:

AB1-SSA1-SA2,435,19 a. A drug, medicine, mixture, preparation, instrument, article, or device of any nature that is approved by the federal food and drug administration for use to prevent a pregnancy, that is prescribed by a licensed health care provider for use to prevent a pregnancy, and that may not be obtained without a prescription from a licensed health care provider. "Contraceptive article" does not include any drug, medicine, mixture, preparation, instrument, article, or device of any nature prescribed for use in terminating the pregnancy of a woman who is known by the prescribing licensed health care provider to be pregnant.

AB1-SSA1-SA2,435,21 b. A hormonal compound that is taken orally and that is approved by the federal food and drug administration for use to prevent a pregnancy.

AB1-SSA1-SA2,435,23 2. "Religious employer" means an entity that satisfies all of the following criteria:

AB1-SSA1-SA2,435,24 a. The inculcation of religious values is the purpose of the entity.

AB1-SSA1-SA2,436,2 b. The entity employs primarily persons who share the religious tenets of the entity.

AB1-SSA1-SA2,436,4 c. The entity serves primarily persons who share the religious tenets of the entity.

AB1-SSA1-SA2,436,6 d. The entity is exempt from filing a federal annual information return under section 6033 (a) (2) (A) (i) and (iii) and (C) (i) of the Internal Revenue Code.

AB1-SSA1-SA2,436,10 (b) Every disability insurance policy, and every self-insured health plan of a county, city, village, or school district, that provides coverage of outpatient health care services, preventive treatments and services, or prescription drugs and devices shall provide coverage for all of the following:

AB1-SSA1-SA2,436,11 1. Contraceptive articles.

AB1-SSA1-SA2,436,13 2. Medical services, including counseling and physical examinations, for the prescription or use of a contraceptive article or of a procedure to prevent a pregnancy.

AB1-SSA1-SA2,436,14 3. Medical procedures performed to prevent a pregnancy.

AB1-SSA1-SA2,436,17 (c) Coverage under this subsection may be subject to exclusions or limitations, including copayments and deductibles, that apply generally to the benefits that are provided under the policy or self-insured health plan.

AB1-SSA1-SA2,436,18 (d) This subsection does not apply to any of the following:

AB1-SSA1-SA2,436,19 1. A disability insurance policy that covers only certain specified diseases.

AB1-SSA1-SA2,436,22 2. A health care plan offered by a limited service health organization, as defined in s. 609.01 (3), or by a preferred provider plan, as defined in s. 609.01 (4), that is not a managed care plan, as defined in s. 609.01 (3c).

AB1-SSA1-SA2,436,24 3. A medicare replacement policy, a medicare supplement policy, or a long-term care insurance policy.

AB1-SSA1-SA2,437,8 4. A disability insurance policy that is issued to a religious employer, if the religious employer requests that the insurer issuing the policy not provide the coverage specified in par. (b) 1. to 3. on the basis that the articles and services covered are contrary to the religious employer's religious tenets. A religious employer that makes a request under this subdivision shall provide written notice to a prospective insured under the policy, prior to that person's coverage under the policy, that specifies the articles and services under par. (b) 1. to 3. that will not be covered on the basis of the employer's request.".

AB1-SSA1-SA2,437,9 464. Page 221, line 25: after that line insert:

AB1-SSA1-SA2,437,10 " Section 509r. 635.05 (1) of the statutes is amended to read:

AB1-SSA1-SA2,437,15 635.05 (1) Establishing restrictions on premium rates that a small employer insurer may charge a small employer such that the premium rates charged to small employers with similar case characteristics for the same or similar benefit design characteristics do not vary from the midpoint rate for those small employers by more than 35% 10% of that midpoint rate.".

AB1-SSA1-SA2,437,16 465. Page 221, line 25: after that line insert:

AB1-SSA1-SA2,437,17 " Section 509m. 641.12 (1) of the statutes is amended to read:

AB1-SSA1-SA2,438,10 641.12 (1) The expenses of every examination of the affairs of any employee welfare fund required to register under this chapter, including any appraisal of real property, shall be borne and paid by the employee welfare fund so examined but the commissioner may in his or her discretion remit in whole or in part such charges upon showing of extreme financial hardship. For any such examination by the commissioner or a deputy commissioner personally, the charge made shall be only for necessary traveling expenses and other actual expenses. In all other cases the expenses of examination shall also include reimbursement for the compensation paid for the services of persons employed by the commissioner or by the commissioner's authority to make the examination or appraisal. All charges incurred by or on behalf of the commissioner, including necessary traveling and other actual expenses, as duly audited and paid to the person or persons making the examination or appraisal, shall be presented to the trustees of the employee welfare fund so examined in the form of a copy of the itemized bill therefor as certified and approved by the commissioner or a deputy commissioner. Upon receiving the certified copy the trustees shall pay the amount thereof to the commissioner to be paid by the commissioner into the state treasury.".

AB1-SSA1-SA2,438,11 466. Page 222, line 15: after that line insert:

AB1-SSA1-SA2,438,12 " Section 511bg. 704.90 (9) of the statutes is amended to read:

AB1-SSA1-SA2,438,15 704.90 (9) Rules. The department of agriculture, trade and consumer protection justice may promulgate rules necessary to carry out the purposes of this section.

AB1-SSA1-SA2, s. 511br Section 511br. 704.90 (11) (title) of the statutes is amended to read:

AB1-SSA1-SA2,438,18 704.90 (11) (title) Duties of the department of agriculture, trade and consumer protection justice.

AB1-SSA1-SA2, s. 511bz Section 511bz. 704.90 (11) (a) of the statutes is amended to read:

AB1-SSA1-SA2,438,24 704.90 (11) (a) Except as provided in par. (c), the department of agriculture, trade and consumer protection justice shall investigate alleged violations of this section and rules promulgated under sub. (9). To facilitate its investigations, the department may subpoena persons and records and may enforce compliance with the subpoenas as provided in s. 885.12.

AB1-SSA1-SA2, s. 511h Section 511h. 707.49 (4) of the statutes is amended to read:

AB1-SSA1-SA2,439,10 707.49 (4) Surety bond and other options. Instead of placing deposits in an escrow account, a developer may obtain a surety bond issued by a company authorized to do business in this state, an irrevocable letter of credit or a similar arrangement, in an amount which at all times is not less than the amount of the deposits otherwise subject to the escrow requirements of this section. The bond, letter of credit or similar arrangement shall be filed with the department of agriculture, trade and consumer protection justice and made payable to the department of agriculture, trade and consumer protection justice for the benefit of aggrieved parties.

AB1-SSA1-SA2, s. 511k Section 511k. 707.57 (2) of the statutes is amended to read:

AB1-SSA1-SA2,439,20 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

AB1-SSA1-SA2,439,23 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

AB1-SSA1-SA2, s. 511p Section 511p. 707.57 (3) of the statutes is amended to read:

AB1-SSA1-SA2,440,5 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.".

AB1-SSA1-SA2,440,6 467. Page 222, line 23: after that line insert:

AB1-SSA1-SA2,440,8 " Section 512n. 757.05 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, section 3774, is amended to read:

AB1-SSA1-SA2,440,18 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations, headlamp violations under s. 347.065 (1), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.".

AB1-SSA1-SA2,440,19 468. Page 222, line 23: after that line insert:

AB1-SSA1-SA2,440,20 " Section 512f. 755.01 (4) of the statutes is amended to read:

AB1-SSA1-SA2,441,14 755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. The Upon entering into or discontinuing such an agreement, the contracting municipalities shall notify each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.02 (3e) when the joint court is created. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.02 (3e).".

AB1-SSA1-SA2,441,15 469. Page 222, line 23: after that line insert:

AB1-SSA1-SA2,441,17 " Section 512m. 758.19 (7) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,442,5 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the department of electronic government secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.".

AB1-SSA1-SA2,442,6 470. Page 223, line 5: after that line insert:

AB1-SSA1-SA2,442,7 " Section 514c. 767.11 (8) (b) 2. of the statutes is amended to read:

AB1-SSA1-SA2,442,9 767.11 (8) (b) 2. Interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).

AB1-SSA1-SA2, s. 514f Section 514f. 767.11 (10) (e) 2. of the statutes is amended to read:

AB1-SSA1-SA2,442,12 767.11 (10) (e) 2. There is evidence of interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).

AB1-SSA1-SA2, s. 514h Section 514h. 767.24 (1m) (b) of the statutes is amended to read:

AB1-SSA1-SA2,442,20 767.24 (1m) (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.

AB1-SSA1-SA2, s. 514k Section 514k. 767.24 (1m) (c) of the statutes is amended to read:

AB1-SSA1-SA2,443,3 767.24 (1m) (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.

AB1-SSA1-SA2, s. 514m Section 514m. 767.24 (1m) (o) of the statutes is amended to read:

AB1-SSA1-SA2,443,9 767.24 (1m) (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

AB1-SSA1-SA2, s. 514p Section 514p. 767.24 (2) (b) 2. c. of the statutes is amended to read:

AB1-SSA1-SA2,443,18 767.24 (2) (b) 2. c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required.

AB1-SSA1-SA2, s. 514s Section 514s. 767.24 (5) (i) of the statutes is amended to read:

AB1-SSA1-SA2,443,21 767.24 (5) (i) Whether there is evidence of interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).".

AB1-SSA1-SA2,443,22 471. Page 223, line 13: after that line insert:

AB1-SSA1-SA2,443,23 " Section 516m. 779.97 (5) (a) 1. of the statutes is amended to read:

AB1-SSA1-SA2,444,2 779.97 (5) (a) 1. For a lien on real estate , $10 or an amendment to a lien on real estate, a fee equal to the fee under s. 59.43 (2) (ag).".

AB1-SSA1-SA2,444,3 472. Page 223, line 13: after that line insert:

AB1-SSA1-SA2,444,4 " Section 516g. 779.41 (1m) of the statutes is amended to read:

AB1-SSA1-SA2,444,8 779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.

AB1-SSA1-SA2, s. 516n Section 516n. 779.93 (title) of the statutes is amended to read:

AB1-SSA1-SA2,444,11 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB1-SSA1-SA2, s. 516p Section 516p. 779.93 (1) of the statutes is amended to read:

AB1-SSA1-SA2,444,17 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

AB1-SSA1-SA2, s. 516r Section 516r. 779.93 (2) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,444,21 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:".

AB1-SSA1-SA2,444,22 473. Page 224, line 10: after that line insert: