Amendment SA2-SSA1-SB55

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.

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

SB55-SSA1-SA2,426,19 157.061 (8r) "Licensed cemetery authority" means a cemetery authority that is licensed under s. 440.91 (1).

SB55-SSA1-SA2, s. 2852bx Section 2852bx. 157.061 (11r) of the statutes is amended to read:

SB55-SSA1-SA2,427,2 157.061 (11r) "Payment of principal" means the portion of a payment for the purchase of a cemetery lot, cemetery merchandise or a mausoleum burial space that represents the principal amount owed by the purchaser for the cemetery lot, cemetery merchandise or mausoleum burial space, and does not include any portion of the payment that represents any taxes, finance or interest charges, or insurance premiums.

SB55-SSA1-SA2, s. 2852by Section 2852by. 157.061 (14m) of the statutes is created to read:

SB55-SSA1-SA2,427,5 157.061 (14m) "Registered cemetery authority" means a cemetery authority that is registered under s. 440.91 (1m).

SB55-SSA1-SA2, s. 2852da Section 2852da. 157.061 (15) of the statutes is amended to read:

SB55-SSA1-SA2,427,9 157.061 (15) "Religious association" means any church, synagogue, or mosque or any, incorporated college of a religious order, or religious society organized under ch. 187.

SB55-SSA1-SA2, s. 2852dc Section 2852dc. 157.061 (15m) of the statutes is created to read:

SB55-SSA1-SA2,427,12 157.061 (15m) "Religious cemetery authority" means a cemetery authority of a cemetery owned and operated by a religious association.

SB55-SSA1-SA2, s. 2852de Section 2852de. 157.061 (17) of the statutes is amended to read:

SB55-SSA1-SA2,427,16 157.061 (17) "Undeveloped space" means a mausoleum space, columbarium space, or lawn crypt that is not ready for the burial of human remains on the date of the sale of the mausoleum space, columbarium space, or lawn crypt.

SB55-SSA1-SA2, s. 2852dg Section 2852dg. 157.062 (1) of the statutes is amended to read:

SB55-SSA1-SA2,428,2 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

SB55-SSA1-SA2, s. 2852di Section 2852di. 157.062 (2) of the statutes is amended to read:

SB55-SSA1-SA2,428,9 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

SB55-SSA1-SA2, s. 2852dk Section 2852dk. 157.062 (3) of the statutes is amended to read:

SB55-SSA1-SA2,428,16 157.062 (3) Validation. When there shall have been a bona fide attempt to organize a cemetery association, but a failure to record a properly drawn and executed certificate of organization, and it has in good faith bought and platted grounds and conveyed cemetery lots burial spaces and carried on business for over 25 years, the same shall be a body corporate from the date of conveyance to it of real estate, and its transfers and other transactions are validated.

SB55-SSA1-SA2, s. 2852dm Section 2852dm. 157.062 (4) (a) of the statutes is amended to read:

SB55-SSA1-SA2,428,25 157.062 (4) (a) An annual election shall be held during the annual meeting. The annual meeting, and any special meeting described in sub. (2), shall be held at a place in the county chosen by the trustees upon public notice as required by the bylaws. Trustees chosen after the first election shall be proprietors of cemetery lots burial spaces in the cemetery, residents of the state, and hold office for 3 years. Election shall be by ballot and a plurality shall elect. Each owner of one or more cemetery lots burial spaces is entitled to one vote, and one of several owners of a cemetery lot burial space, designated by the majority of them, shall cast the vote.

SB55-SSA1-SA2, s. 2852do Section 2852do. 157.062 (5) of the statutes is amended to read:

SB55-SSA1-SA2,429,7 157.062 (5) Trustees; duties, report. The trustees may fill vacancies for the unexpired term. One shall be chosen president, and they shall appoint a secretary and treasurer, and may require security of the treasurer. The trustees shall manage the affairs and property of the association and control and beautify the cemetery, and may establish regulations for those purposes. The trustees shall make and file written reports as required in s. 157.62 (1) and (2).

SB55-SSA1-SA2, s. 2852dq Section 2852dq. 157.062 (6) (b) of the statutes is amended to read:

SB55-SSA1-SA2,429,23 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble, and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.