Amendment AA1-ASA1-AB100

AB100-ASA1-AA1,291,18 2. After making the determinations under subd. 1., by rule set premium rates for the new plan year, including the rates under s. 149.146 (2) (b), in the manner specified in sub. (1) (b) 1. a. and c. and such that a rate for coverage under s. 149.14 is not less than 150% nor more than 200% 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.

AB100-ASA1-AA1,291,22 3. By rule set the total insurer assessments under s. 149.13 for the new plan year by estimating and setting the assessments at the amount necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. a. and notify the commissioner of the amount.

AB100-ASA1-AA1,291,25 4. By the same rule as under subd. 3. adjust the provider payment rate for the new plan year by estimating and setting the rate at the level necessary to equal the amounts specified in sub. (1) (b) 1. d. and 2. b. and as provided in s. 149.145.

AB100-ASA1-AA1,292,6 (b) In setting the premium rates under par. (a) 2., the insurer assessment amount under par. (a) 3. and the provider payment rate under par. (a) 4. for the new plan year, the department shall include any increase or decrease necessary to reflect the amount, if any, by which the rates and amount set under par. (a) for the current plan year differed from the rates and amount which would have equaled the amounts specified in sub. (1) (b) in the current plan year.

AB100-ASA1-AA1,292,16 (3) (a) If, during a plan year, the department determines that the amounts estimated to be received as a result of the rates and amount set under sub. (2) (a) 2. to 4. and any adjustments in insurer assessments and the provider payment rate under s. 149.144 will not be sufficient to cover plan costs, the department may by rule increase the premium rates set under sub. (2) (a) 2. for the remainder of the plan year, subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2., by rule increase the assessments set under sub. (2) (a) 3. for the remainder of the plan year, subject to sub. (1) (b) 2. a., and by the same rule under which assessments are increased adjust the provider payment rate set under sub. (2) (a) 4. for the remainder of the plan year, subject to sub. (1) (b) 2. b.

AB100-ASA1-AA1,292,22 (b) If, after increasing premium rates and insurer assessments and adjusting the provider payment rate under par. (a), the department determines that there will still be a deficit and that premium rates have been increased to the maximum extent allowable under par. (a), the department shall further adjust, in equal proportions, assessments set under sub. (2) (a) 3. and the provider payment rate set under sub. (2) (a) 4., without regard to sub. (1) (b) 2.

AB100-ASA1-AA1,293,2 (3m) Subject to s. 149.14 (4m), insurers and providers may recover in the normal course of their respective businesses without time limitation assessments or provider payment rate adjustments used to recoup any deficit incurred under the plan.".

AB100-ASA1-AA1,293,3 897. Page 1357, line 24: delete "discount" and substitute "payment".

AB100-ASA1-AA1,293,4 898. Page 1358, line 2: after that line insert:

AB100-ASA1-AA1,293,5 " Section 3026p. 149.145 of the statutes is created to read:

AB100-ASA1-AA1,293,15 149.145 Program budget. The department, in consultation with the board, shall establish a program budget for each plan year. The program budget shall be based on the provider payment rates specified in s. 149.15 (3) (e) and in the most recent provider contracts that are in effect and on the funding sources specified in s. 149.143 (1), including the methodologies specified in ss. 149.143, 149.144 and 149.146 for determining premium rates, insurer assessments and provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b), from the program budget the department shall derive the actual provider payment rate for a plan year that reflects the providers' proportional share of the plan costs, consistent with ss. 149.143 and 149.144.".

AB100-ASA1-AA1,293,16 899. Page 1358, line 6: after that line insert:

AB100-ASA1-AA1,293,17 " Section 3027r. 149.15 (3) (f) of the statutes is created to read:

AB100-ASA1-AA1,293,19 149.15 (3) (f) Advise the department on the choice of coverage under s. 149.146.".

AB100-ASA1-AA1,293,20 900. Page 1358, line 10: delete lines 10 and 11 and substitute:

AB100-ASA1-AA1,293,21 "149.16 (1) The fiscal agent under s. 49.45 (2) (b) 2. shall administer the plan.

AB100-ASA1-AA1, s. 3031m Section 3031m. 149.20 of the statutes is created to read:

AB100-ASA1-AA1,293,24 149.20 Rule-making in consultation with board. In promulgating any rules under this chapter, the department shall consult with the board.".

AB100-ASA1-AA1,294,1 901. Page 1372, line 7: after that line insert:

AB100-ASA1-AA1,294,2 " Section 3092c. 165.08 of the statutes is amended to read:

AB100-ASA1-AA1,294,12 165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor, except that a civil action prosecuted by the department under s. 165.251 may be compromised or discontinued only with the approval of the person who requested legal representation from the department. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.".

AB100-ASA1-AA1,294,13 902. Page 1372, line 12: after that line insert:

AB100-ASA1-AA1,294,14 " Section 3094g. 165.251 of the statutes is created to read:

AB100-ASA1-AA1,294,15 165.251 Actions to clear title. (1) Definitions. In this section:

AB100-ASA1-AA1,294,17 (a) "Family corporation" means a corporation qualifying under s. 182.001 (1) (a).

AB100-ASA1-AA1,294,19 (b) "Immediate family" means persons related as spouses, as siblings or as parent and child.

AB100-ASA1-AA1,294,21 (c) "Instrument relating to title" includes a deed, mortgage, lien, claim of lien, judgment or lis pendens.

AB100-ASA1-AA1,294,22 (d) "Local public office" has the meaning given in s. 19.42 (7w).

AB100-ASA1-AA1,294,23 (e) "Public office" means local public office or state public office.

AB100-ASA1-AA1,294,24 (f) "Public official" means a person holding a public office.

AB100-ASA1-AA1,295,4 (g) "Qualifying property" means real property owned in whole or in part by a public official, by a member of a public official's immediate family or by a family corporation in which a public official is a shareholder during the period of time public office was held.

AB100-ASA1-AA1,295,5 (h) "State public office" has the meaning given in s. 19.42 (13).

AB100-ASA1-AA1,295,8 (2) Representation upon request. The department of justice may provide legal representation to any person who requests the legal representation and who does all of the following:

AB100-ASA1-AA1,295,11 (a) Claims that title to qualifying property has been clouded by the false, fraudulent or frivolous filing, entry or recordation of any instrument relating to title during the period the affected real property was qualifying property.

AB100-ASA1-AA1,295,13 (b) Claims to be an owner in the qualifying property or a shareholder in a family corporation, if any, that owns the qualifying property.

AB100-ASA1-AA1,295,15 (c) Agrees to the conditional payment of the costs of legal representation under sub. (5).

AB100-ASA1-AA1,295,19 (3) Actions to clear title. If it decides to provide legal representation under sub. (2), the department of justice shall bring the actions that are necessary to clear clouds upon title to qualifying property from false, fraudulent or frivolous filings, entries or recordations of instruments relating to title.

AB100-ASA1-AA1,295,24 (4) Required finding. As part of any action brought under this section, the court shall make a finding of whether the instrument relating to title that is claimed to create a cloud upon the title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property.

AB100-ASA1-AA1,296,8 (5) Conditional payment of costs of representation. Each person making a request under sub. (2) shall, as part of that request, agree to pay the costs of legal representation provided by the department of justice, if the court makes a finding under sub. (4) that the instrument relating to title was filed, entered or recorded with the authorization, consent or approval of the owner of the qualifying property or of any creditor having an interest in the qualifying property. If the court does not make such a finding, the person may not be required to pay any of the costs of the legal representation.

AB100-ASA1-AA1,296,14 (6) If payment required. If, upon the completion of all proceedings, the person who made the request under sub. (2) is subject to conditional payment of the costs of legal representation provided by the department of justice under sub. (5), the department of justice may charge the person an amount not exceeding the total cost of the legal representation provided. All payments collected by the department under this subsection shall be deposited in the general fund.

AB100-ASA1-AA1,296,16 (7) Limitation on representation. The department of justice may represent persons under this section at the trial level only.".

AB100-ASA1-AA1,296,17 903. Page 1374, line 10: after that line insert:

AB100-ASA1-AA1,296,18 " Section 3101g. 165.80 of the statutes is amended to read:

AB100-ASA1-AA1,297,2 165.80 Cooperation with other state departments. For the purpose of coordinating the work of the crime laboratories with the research departments located in the university of Wisconsin, the attorney general and the university of Wisconsin may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university. The university and crime laboratories cooperation council shall act in an advisory capacity to the attorney general.".

AB100-ASA1-AA1,297,3 904. Page 1374, line 10: after that line insert:

AB100-ASA1-AA1,297,5 " Section 3103j. 165.83 (1) (c) of the statutes is renumbered 165.83 (1) (c) (intro.) and amended to read:

AB100-ASA1-AA1,297,6 165.83 (1) (c) (intro.) "Offense" means an any of the following:

AB100-ASA1-AA1,297,8 1. An act which that is committed by a person who has attained the age of 17 and that is a felony, or a misdemeanor or.

AB100-ASA1-AA1,297,10 3. An act that is committed by any person and that is a violation of a city, county, village or town ordinance.

AB100-ASA1-AA1, s. 3103k Section 3103k. 165.83 (1) (c) 2. of the statutes is created to read:

AB100-ASA1-AA1,297,14 165.83 (1) (c) 2. An act that is committed by a person who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB100-ASA1-AA1, s. 3103L Section 3103L. 165.83 (2) (a) 1. of the statutes is amended to read:

AB100-ASA1-AA1,297,17 165.83 (2) (a) 1. For an offense which is a felony or which would be a felony if committed by an adult.

AB100-ASA1-AA1, s. 3103m Section 3103m. 165.83 (2) (a) 2. of the statutes is amended to read:

AB100-ASA1-AA1,298,2 165.83 (2) (a) 2. For an offense which is a misdemeanor , which would be a misdemeanor if committed by an adult or which is a violation of an ordinance involving, and the offense involves burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks.

AB100-ASA1-AA1, s. 3103n Section 3103n. 165.83 (2) (a) 3. of the statutes is amended to read:

AB100-ASA1-AA1,298,5 165.83 (2) (a) 3. For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under subd. 2.".

AB100-ASA1-AA1,298,6 905. Page 1374, line 10: after that line insert:

AB100-ASA1-AA1,298,7 " Section 3110m. 165.85 (2) (f) of the statutes is amended to read:

AB100-ASA1-AA1,298,13 165.85 (2) (f) "Secure detention officer" means any person employed by any political subdivision of the state or by any private entity contracting under s. 938.222 to supervise, control or maintain a secure detention facility or the persons confined in a secure detention facility. "Secure detention officer" includes officers regardless of whether they have been sworn regarding their duties or whether they serve on a full-time basis.".

AB100-ASA1-AA1,298,14 906. Page 1374, line 18: after that line insert:

AB100-ASA1-AA1,298,15 " Section 3116p. 166.20 (1) (a) of the statutes is repealed.

AB100-ASA1-AA1, s. 3116r Section 3116r. 166.20 (2) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,298,18 166.20 (2) (title) Duties of the board division. (intro.) The board division shall:".

AB100-ASA1-AA1,298,19 907. Page 1374, line 22: after that line insert:

AB100-ASA1-AA1,298,20 " Section 3116tc. 166.20 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA1,298,23 166.20 (4) (a) Upon receipt of a notification under sub. (5) (a) 2. or s. 292.11 (2) of the release of a hazardous substance, provide all information contained in the notification to the board division.

AB100-ASA1-AA1, s. 3116td Section 3116td. 166.20 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA1,299,8 166.20 (4) (b) Have the same powers and duties at the time of a release of a hazardous substance as are given to it under s. 292.11, including the investigation of releases of hazardous substances, the repair of any environmental damage which results from the release and the recovery of costs from responsible parties. The department of natural resources may also, at the time of a release of a hazardous substance, identify and recommend to the board division and the committee measures to lessen or mitigate anticipated environmental damage resulting from the release.

AB100-ASA1-AA1, s. 3116tf Section 3116tf. 166.20 (4m) of the statutes is amended to read:

AB100-ASA1-AA1,299,12 166.20 (4m) Cooperation. A state agency or local governmental unit may assist the board division or a committee in the performance of its duties and may enter into an agreement with the board division or a committee.

AB100-ASA1-AA1, s. 3116th Section 3116th. 166.20 (5) (a) 2. of the statutes is amended to read:

AB100-ASA1-AA1,299,19 166.20 (5) (a) 2. All facilities in this state covered under 42 USC 11004 shall comply with the notification requirements of 42 USC 11004. Notification of the department of natural resources of the discharge of a hazardous substance under s. 292.11 (2) shall constitute the notification of the board division required under 42 USC 11004 if the notification contains the information specified in 42 USC 11004 (b) (2) or (c).

AB100-ASA1-AA1, s. 3116tm Section 3116tm. 166.20 (5) (a) 5. of the statutes is amended to read:

AB100-ASA1-AA1,299,25 166.20 (5) (a) 5. The reporting procedures for trade secrets under 42 USC 11042 shall apply to all facilities in this state subject to the requirements under subd. 1., 3. or 4. For the purposes of applying this subdivision to public agencies and private agencies, the board division shall have the powers and duties granted to the administrator of the U.S. environmental protection agency under 42 USC 11042.

AB100-ASA1-AA1, s. 3116ts Section 3116ts. 166.20 (5m) of the statutes is amended to read:

AB100-ASA1-AA1,300,4 166.20 (5m) Furnishing information. If the board division or a committee requests, in writing, information relating to the federal act or to this section, a facility shall furnish the information in the manner requested.".

AB100-ASA1-AA1,300,5 908. Page 1375, line 3: after that line insert:

AB100-ASA1-AA1,300,7 " Section 3117bg. 166.20 (7) (a) (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100-ASA1-AA1,300,10 166.20 (7) (a) (intro.) The division shall establish, by rule, the following fees at levels designed to fund the division's administrative expenses and the grants under s. 166.21:

AB100-ASA1-AA1, s. 3117bm Section 3117bm. 166.20 (7) (b) of the statutes is amended to read:

AB100-ASA1-AA1,300,16 166.20 (7) (b) The operator of a facility subject to the requirements of sub. (5) (a) 1. or 3. shall pay the fees under par. (a). The board division may establish, by rule, a surcharge to be paid by the operator of a facility if the operator fails to pay the fees under par. (a) in a timely manner. The surcharge under this paragraph shall not exceed 20% of the original fee.

AB100-ASA1-AA1, s. 3117bp Section 3117bp. 166.20 (7g) (a) of the statutes is amended to read:

AB100-ASA1-AA1,300,21 166.20 (7g) (a) The board division shall establish, by rule, fees to be paid annually to the department of transportation by persons that are required to file hazardous materials transportation registration statements with the federal department of transportation under 49 USC Appendix 1805 (c).

AB100-ASA1-AA1, s. 3117br Section 3117br. 166.20 (7g) (e) of the statutes is amended to read:

AB100-ASA1-AA1,300,24 166.20 (7g) (e) The board division may, by rule, establish exemptions from the fees under par. (a).

AB100-ASA1-AA1, s. 3117bt Section 3117bt. 166.20 (7m) (a) of the statutes is amended to read:

AB100-ASA1-AA1,301,8 166.20 (7m) (a) An authorized inspector of the board division or the committee for the county in which a facility is located may enter and inspect any facility or any pertinent record relating to the facility at any reasonable time for the purpose of determining whether the facility is complying with this section and rules promulgated under this section. The board division or committee, if requested, shall furnish to the operator of the facility a report setting forth all facts found which relate to compliance with this section and rules promulgated under this section.

AB100-ASA1-AA1, s. 3117bu Section 3117bu. 166.20 (7m) (b) of the statutes is amended to read: