LRBs0185/2
RAC&PJK:wlj:jf
2001 - 2002 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2001 SENATE BILL 81
October 23, 2001 - Offered by Finance.
SB81-SSA1,1,5 1An Act to amend 20.515 (2) (g) and 635.05 (1); and to create 40.98 (6r) of the
2statutes; relating to: a loan from the general fund for the private employer
3health care coverage program, small employer health insurance rates,
4providing an exemption from emergency rule procedures, and making an
5appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB81-SSA1, s. 1 6Section 1. 20.515 (2) (g) of the statutes is amended to read:
SB81-SSA1,1,127 20.515 (2) (g) Private employer health care coverage plan. All moneys received
8under subch. X of ch. 40 from employers who elect to participate in the private
9employer health care coverage program under subch. X of ch. 40, for the costs of
10designing, marketing and contracting for or providing administrative services for
11the program and for lapsing to the general fund the amounts required under s. 40.98
12(6r)
.
SB81-SSA1, s. 2
1Section 2. 40.98 (6r) of the statutes is created to read:
SB81-SSA1,2,82 40.98 (6r) The secretary of administration shall lapse from the appropriation
3account under s. 20.515 (2) (g) to the general fund an amount equal to the amount
4encumbered from the appropriation under s. 20.515 (2) (a) during the 2001-03 fiscal
5biennium that exceeds $211,100 when the secretary of administration, after
6consulting with the board, determines that funds in the appropriation account under
7s. 20.515 (2) (g) are sufficient to make the lapse. The secretary of administration may
8lapse the amounts in installments.
SB81-SSA1, s. 3 9Section 3 . 635.05 (1) of the statutes is amended to read:
SB81-SSA1,2,1410 635.05 (1) Establishing restrictions on premium rates that a small employer
11insurer may charge a small employer such that the premium rates charged to small
12employers with similar case characteristics for the same or similar benefit design
13characteristics do not vary from the midpoint rate for those small employers by more
14than 35% 10% of that midpoint rate.
SB81-SSA1, s. 4 15Section 4 . Nonstatutory provisions.
SB81-SSA1,3,216 (1) Rules related to small employer health insurance rates. Using the
17procedure under section 227.24 of the statutes, the commissioner of insurance may
18promulgate the rules required under section 635.05 (1) of the statutes, as affected by
19this act, for the period before the effective date of the permanent rules required under
20section 635.05 (1) of the statutes, as affected by this act, but not to exceed the period
21authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
22section 227.24 (1) (a), (2) (b), and (3) of the statutes, the commissioner is not required
23to provide evidence that promulgating a rule under this subsection as an emergency
24rule is necessary for the preservation of public peace, health, safety, or welfare and

1is not required to provide a finding of emergency for a rule promulgated under this
2subsection.
SB81-SSA1, s. 5 3Section 5. Nonstatutory provisions.
SB81-SSA1,3,64 (1) Required general fund balance. Section 20.003 (4) of the statutes and 2001
5Wisconsin Act 16
, section 9101 (25j), do not apply to the action of the legislature in
6enacting this act.
SB81-SSA1, s. 6 7Section 6. Appropriation changes.
SB81-SSA1,3,118 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation
9to the department of administration under section 20.515 (2) (a) of the statutes, as
10affected by the acts of 2001, the dollar amount is increased by $850,000 for fiscal year
112001-02 to fulfill the purpose for which the appropriation is made.
SB81-SSA1, s. 7 12Section 7. Initial applicability.
SB81-SSA1,3,1513 (1) Small employer health insurance rates. The treatment of section 635.05
14(1) of the statutes and Section 4 (1) of this act first apply to rates charged under
15policies or plans issued or renewed to small employers on September 1, 2002.
SB81-SSA1, s. 8 16Section 8. Effective dates. This act takes effect on the day after publication,
17except as follows:
SB81-SSA1,3,1918 (1) Small employer health insurance rates. The treatment of section 635.05
19(1) of the statutes takes effect on September 1, 2002.
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