1999 - 2000 LEGISLATURE

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                                 1999 Ê ASSEMBLY BILLÊ 609Ê 
                                                  Ê

 December 1, 1999 - Introduced by Representatives Pocan, Boyle, Berceau, Black, 
        Bock, Carpenter, Colon, J. Lehman, Miller, Richards, Sinicki, Travis and 
        Young, cosponsored by Senator Risser. Referred to Committee on Insurance.

 Pg1Ln1       An Act to amend 40.02 (20) and 40.55 (1); and to create 40.02 (21c) and 40.02
 Pg1Ln2       (21d) of the statutes; relating to: providing coverage for domestic partners
 Pg1Ln3       under health care coverage plans and long-term care insurance policies offered
 Pg1Ln4       by the group insurance board.
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                                Analysis by the Legislative Reference Bureau

       AB609       
 Under current law, the group insurance board offers health care coverage plans
for state employes, local government employes, school district employes and
annuitants under the Wisconsin retirement system.Ê In addition, the group
insurance board currently offers long-term care insurance policies to state employes
and state annuitants.Ê Under the health care coverage plans, the employes and
annuitants are able to receive coverage for dependents; under the long-term care
insurance policies, the employes and annuitants are able to purchase the policies for
their spouses and parents.
       
This bill provides that domestic partners of employes and annuitants are
eligible to receive coverage under the health care coverage plans offered by the group
insurance board and that state employes and state annuitants are able to purchase
the policies for their domestic partners.Ê 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.Ê Each individual is at least 18 years old and otherwise competent to enter into
      a contract.       
               
2.Ê Neither individual is married to, or in a domestic partnership with, another
      individual.
       
3.Ê The two individuals are not related by blood in any way that would prohibit
        marriage under current law.
    
4.Ê The two individuals consider themselves to be members of each other's
      immediate family.
      
5.Ê 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.
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 ____________________________________________________________________

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        The people of the state of Wisconsin, represented in senate and assembly, do
        enact as follows:

Ê       AB609, s. 1       
 Pg2Ln1              Section 1.Ê 40.02 (20) of the statutes is amended to read:

Ê       AB609, s. 1 - continued       
 Pg2Ln2              40.02 (20)Ê "Dependent" means the spouse, domestic partner, minor child,
 Pg2Ln3       including stepchildren of the current marriage dependent on the employe for support
 Pg2Ln4       and maintenance, or child of any age, including stepchildren of the current marriage,
 Pg2Ln5       if handicapped to an extent requiring continued dependence.Ê For group insurance
 Pg2Ln6       purposes only, the department may promulgate rules with a different definition of
 Pg2Ln7       "dependent" than the one otherwise provided in this subsection for each group
 Pg2Ln8       insurance plan, except that the department may not promulgate a rule excluding
 Pg2Ln9       domestic partners from a group insurance plan that provides coverage for any
 Pg2Ln10       dependent.

Ê       AB609, s. 2       
 Pg2Ln11              Section 2.Ê 40.02 (21c) of the statutes is created to read:

Ê       AB609, s. 2 - continued       
 Pg2Ln12              40.02 (21c)Ê "Domestic partner" means an individual in a domestic partnership.

Ê       AB609, s. 3       
 Pg2Ln13              Section 3.Ê 40.02 (21d) of the statutes is created to read:

Ê       AB609, s. 3 - continued       
 Pg2Ln14              40.02 (21d)Ê "Domestic partnership" means a relationship between 2
 Pg2Ln15       individuals that satisfies all of the following:

Ê       AB609, s. 3 - continued       
 Pg2Ln16              (a)Ê Each individual is at least 18 years old and otherwise competent to enter
 Pg2Ln17       into a contract.

Ê       AB609, s. 3 - continued       
 Pg3Ln1              (b)Ê Neither individual is married to, or in a domestic partnership with, another
 Pg3Ln2       individual.

Ê       AB609, s. 3 - continued       
 Pg3Ln3              (c)Ê The 2 individuals are not related by blood in any way that would prohibit
 Pg3Ln4       marriage under s. 765.03.

Ê       AB609, s. 3 - continued       
 Pg3Ln5              (d)Ê The 2 individuals consider themselves to be members of each other's
 Pg3Ln6       immediate family.

Ê       AB609, s. 3 - continued       
 Pg3Ln7              (e)Ê The 2 individuals agree to be responsible for each other's basic living
 Pg3Ln8       expenses.

Ê       AB609, s. 4       
 Pg3Ln9              Section 4.Ê 40.55 (1) of the statutes is amended to read:

Ê       AB609, s. 4 - continued       
 Pg3Ln10              40.55Ê Long-term care coverage.Ê (1)Ê Except as provided in sub. (5), the state
 Pg3Ln11       shall offer, through the group insurance board, to eligible employes under s. 40.02
 Pg3Ln12       (25) (bm) and to state annuitants long-term care insurance policies which have been
 Pg3Ln13       approved for sale in this state by the office of the commissioner of insurance and
 Pg3Ln14       which have been approved for offering under contracts established by the group
 Pg3Ln15       insurance board if the insurer requests that the policy be offered and the state shall
 Pg3Ln16       also allow an eligible employe or a state annuitant to purchase those policies for his
 Pg3Ln17       or her spouse, domestic partner or parent.

Ê       AB609, s. 5       
 Pg3Ln18              Section 5. Initial applicability.

Ê       AB609, s. 5 - continued       
 Pg3Ln19              (1)Ê This act first applies to coverage under group insurance plans offered by the
 Pg3Ln20       group insurance board on January 1, 2001.

 Pg3Ln21       (End)
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