LRB-3688/2
RAC:wlj&jld:jf
2001 - 2002 LEGISLATURE
January 14, 2002 - Introduced by Representatives Pocan, Boyle, Carpenter,
Berceau, Black, Bock, Colon, J. Lehman, Miller, Richards, Sinicki, Travis
and Young, cosponsored by Senators Risser, Burke and George. Referred to
Committee on Insurance.
AB720,1,4
1An Act to amend 40.02 (20) and 40.55 (1); and
to create 40.02 (21c) and 40.02
2(21d) of the statutes;
relating to: providing coverage for domestic partners
3under health care coverage plans and long-term care insurance policies offered
4by the group insurance board.
Analysis by the Legislative Reference Bureau
Under current law, the group insurance board offers health care coverage plans
for state employees, local government employees, school district employees, and
annuitants under the Wisconsin retirement system. In addition, the group
insurance board currently offers long-term care insurance policies to state
employees and state annuitants. Under the health care coverage plans, the
employees and annuitants are able to receive coverage for dependents; under the
long-term care insurance policies, the employees and annuitants are able to
purchase the policies for their spouses and parents and their spouse's parents.
This bill provides that domestic partners of employees and annuitants are
eligible to receive coverage under the health care coverage plans offered by the group
insurance board and that state employees and state annuitants are able to purchase
the policies for their domestic partners. Under the bill, a domestic partner is defined
as any individual who is in a relationship with any other individual that satisfies all
of the following:
1. Each individual is at least 18 years old and otherwise competent to enter into
a contract.
2. Neither individual is married to, or in a domestic partnership with, another
individual.
3. The two individuals are not related by blood in any way that would prohibit
marriage under current law.
4. The two individuals consider themselves to be members of each other's
immediate family.
5. The two individuals agree to be responsible for each other's basic living
expenses.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB720, s. 1
1Section
1. 40.02 (20) of the statutes is amended to read:
AB720,2,112
40.02
(20) "Dependent" means the spouse,
domestic partner, minor child,
3including stepchildren of the current marriage
or children of a domestic partner 4dependent on the employee for support and maintenance, or child of any age,
5including stepchildren of the current marriage
or children of a domestic partner, if
6handicapped to an extent requiring continued dependence. For group insurance
7purposes only, the department may promulgate rules with a different definition of
8"dependent" than the one otherwise provided in this subsection for each group
9insurance plan
, except that the department may not promulgate a rule excluding
10domestic partners or their children from a group insurance plan that provides
11coverage for any dependent.
AB720, s. 2
12Section
2. 40.02 (21c) of the statutes is created to read:
AB720,2,1313
40.02
(21c) "Domestic partner" means an individual in a domestic partnership.
AB720, s. 3
14Section
3. 40.02 (21d) of the statutes is created to read:
AB720,2,1615
40.02
(21d) "Domestic partnership" means a relationship between 2
16individuals that satisfies all of the following:
AB720,3,2
1(a)
Each individual is at least 18 years old and otherwise competent to enter
2into a contract.
AB720,3,43
(b)
Neither individual is married to, or in a domestic partnership with, another
4individual.
AB720,3,65
(c) The 2 individuals are not related by blood in any way that would prohibit
6marriage under s. 765.03.
AB720,3,87
(d) The 2 individuals consider themselves to be members of each other's
8immediate family.
AB720,3,109
(e) The 2 individuals agree to be responsible for each other's basic living
10expenses.
AB720, s. 4
11Section
4. 40.55 (1) of the statutes is amended to read:
AB720,3,19
1240.55 Long-term care coverage. (1) Except as provided in sub. (5), the state
13shall offer, through the group insurance board, to eligible employees under s. 40.02
14(25) (bm) and to state annuitants long-term care insurance policies which have been
15approved for sale in this state by the office of the commissioner of insurance and
16which have been approved for offering under contracts established by the group
17insurance board if the insurer requests that the policy be offered
, and the state shall
18also allow an eligible employee or a state annuitant to purchase those policies for his
19or her spouse
, domestic partner, or parent
or spouse's or domestic partner's parent.
AB720,3,2221
(1) This act first applies to coverage under group insurance plans offered by the
22group insurance board on January 1, 2003.
