Insurance
The health insurance risk-sharing plan (HIRSP) under current law provides
major medical health insurance coverage for persons who are covered under
medicare because they are disabled, persons who have tested positive for the human
immunodeficiency virus (HIV) and persons who have been refused coverage, or
coverage at an affordable price, in the private health insurance market because of
their mental or physical health conditions. Responsibility for administering HIRSP
is split between the office of the commissioner of insurance (OCI) and a board of
governors, which includes the commissioner of insurance or a designated
representative from OCI. Claims, other than those in excess of premiums, are paid
by premiums collected from persons with coverage under HIRSP. Administrative
expenses of HIRSP, including claims in excess of premiums, are paid out of the health
insurance risk-sharing fund, which is derived from assessments paid by health
insurers. The commissioner determines each health insurer's annual assessment
and the schedule of premiums. Covered persons with annual household incomes
below $20,000 pay reduced premiums and deductibles through a subsidy program
administered by the board and funded with general purpose revenue and certain
assessments and penalties paid by health insurers.
This bill transfers responsibility for administering HIRSP to the department
of health and family services (DHFS) and the board and makes a number of changes
to the program. Under the bill, the commissioner continues to determine each
insurer's share of the assessments that provide funding for HIRSP and to impose
assessments for certain insurer actions that make a person eligible for coverage
under HIRSP. The secretary of health and family services, or his or her
representative, as well as the commissioner, or his or her representative, are
members of the board, and the secretary, or his or her representative, serves as
chairperson of the board. Payment of claims, as well as other administrative duties,
is performed by the same fiscal agent that pays claims under the medical assistance
(MA) program. While under current law covered expenses under HIRSP are the
usual and customary charges, reduced by 10%, for specified services, after the
transfer occurs the covered expenses are the amounts that are paid for those services
under MA. Under the bill, services and articles covered under HIRSP must be
provided by persons who are certified to provide services or articles under MA.
Reduced premiums and deductibles for covered persons with incomes below $20,000
continue to be subsidized, but DHFS may recover from the estate of a deceased
person who had coverage under HIRSP the amount of any subsidies that are paid on
behalf of the person after the transfer to DHFS occurs.
Local government
Under the current tax incremental financing (TIF) program, a city or village
may create a tax incremental district (TID) in part of its territory to foster
development if at least 50% of the area to be included in the TID is blighted, in need
of rehabilitation or suitable for industrial sites. Before a city or village may create
a TID, several steps are required. These steps include public hearings, preparation
and adoption of a proposed project plan for the TID, approval of the proposed project
plan by the city or village and the creation of a joint review board to review the
proposal. The joint review board, which is made up of representatives of the
overlying taxing jurisdictions of the proposed TID, must approve the project plan or
the TID may not be created.
This bill creates a mechanism, very similar to the TIF program, for financing
the "eligible costs" incurred by a city, village, town or county (political subdivision)
for environmental remediation (ER) of property that is owned by the political
subdivision. If the remediated property is transferred to another person and is then
subject to property taxation, ER tax incremental financing may be used to allocate
some of the property taxes that are levied on the property to the political subdivision
to pay for the costs of remediation.
"Eligible costs" are capital costs, financing costs and administrative and
professional service costs for the removal, containment or monitoring of, or the
restoration of soil or groundwater affected by, environmental pollution. Eligible
costs are reduced by any amounts received from persons responsible for the
discharge of a hazardous substance on the property to pay remediation costs and by
the amount of net gain on the sale of the property by the political subdivision.
If development on the remediated parcel increases the value of the property
above the base value, an "ER value increment" is created. That portion of taxes
collected on the ER value increment in excess of the base value is called an "ER tax
increment". The ER tax increment is placed in a special fund that may be used by
the political subdivision only to pay back the eligible costs of the ER, instead of being
distributed to the overlying taxing jurisdictions that have the authority to levy
property taxes on the remediated parcel of property. The ER tax increment must be
paid into the special fund until all of the political subdivision's eligible costs are paid
or until 17 years after the ERTID of the property has been certified by the
department of revenue (DOR), whichever comes first.
In calculating shared revenue payments, "full valuation" includes these
increments for municipalities and counties that create the district but not for the
other units of government in the district, and "local general purpose taxes" includes
the portion of these increments collected for a municipality or county that is
attributable to the municipality's or county's own levy. Shared revenue payments
decrease as full valuation increases, and those payments increase as local general
purpose taxes increase.
The bill also provides that the equalized valuation of a school district is reduced
by the amount of an ER value increment on a parcel of property that is certified by
DOR under the bill. In certain cases the result of such a reduction is additional state
aid to the school district.
Under current law, the state or any city, village, town, county, school district,
metropolitan sewerage district, regional planning commission and several other
units of local government may enter into a cooperative agreement or contract with
other such entities and with federally recognized Indian tribes or bands in this state
for the receipt or furnishing of services or the joint exercise of any power or duty
required or authorized by law. Such contracts may provide for creation of a
commission and letting of contracts. A commission that is created under current law
may finance the acquisition, development, remodeling, construction and equipment
of land, buildings and facilities for a regional project by issuing revenue bonds or by
borrowing or issuing municipal bonds.
This bill authorizes a local governmental unit in the Wisconsin Dells area to
enter into a cooperative agreement or contract with another such unit under these
current law provisions to establish a commission to jointly create a premier resort
center. Such a center is one or more related structures owned, operated or leased by
a governmental unit and used primarily for, or to support, cultural events or
commercial activities, but not primarily for recreational or sporting activities. The
governmental units that participate in the establishment of a commission may
finance a premier resort center by issuing, either jointly or separately, revenue
bonds. The governmental units that constitute the commission may also impose,
separately, a sales tax on food and beverages and may issue "Class B" liquor licenses,
which authorize the retail sale of alcohol beverages, in excess of the quotas that
otherwise apply to the governmental units.
Under the bill, the interest income generated by revenue bonds issued by a
governmental unit or units to finance a premier resort center is exempt from income
taxation (see also Taxation).
Current law establishes a local professional baseball park district (a "baseball
district") for each county with a population exceeding 500,000 (currently, only
Milwaukee County). All counties contiguous to the county with a population
exceeding 500,000 are included in the baseball district's jurisdiction. Among other
powers, a baseball district has the power to acquire, construct, equip, maintain,
improve, operate and manage baseball park facilities as revenue-generating
enterprises. Current law authorizes the department of administration (DOA) to
provide certain services to a baseball district, for compensation to be agreed upon
between DOA and the district, including engineering, architectural, project
management and other building construction services. Similarly, current law
authorizes the building commission to serve as financial consultant to assist and
coordinate the issuance of the bonds of a baseball district. A baseball district is
authorized to levy a sales tax of 0.1% within the baseball district's jurisdiction to fund
its activities. This tax is collected by DOR, which retains a percentage of the sales
taxes collected for the district (3% for the first 2 years and 1.5% thereafter) to cover
the costs of administering the tax.
This bill validates all actions taken by DOA or the building commission before
the day on which this bill becomes law to provide services that directly benefit a
baseball district, including services provided before the creation of the baseball
district. A baseball district that directly benefits from these services is liable for the
fair market value of those services, as determined by the secretary of administration,
regardless of whether the baseball district was in existence at the time that the
services were provided or whether the baseball district authorized the provision of
those services. If the secretary of administration determines that a baseball district
is liable for services and that the liability remains unpaid, the bill requires the
secretary of administration to certify to DOR the amount of the unpaid liability. The
bill requires the amount certified to be transferred from the sales tax moneys
collected by DOR for the baseball district to a specified DOA appropriation account
and the capital improvement fund in payment of the liability. These transfers may
be made in a lump sum or in instalments, as specified in the certification.
Under current law, a person who becomes a member of a paid city fire
department must become a member of that city's fire fighters relief association,
which gives relief to the sick and disabled members of the association and their
families. Such a person is required to pay an initiation fee of not more than $50 and
annual dues. This bill deletes the $50 cap on the initiation fee.
Also under current law, a retired fire fighter who continues to be a member of,
and pay dues to, his or her association is not allowed to be an officer in the association.
This bill allows such a person to become an officer of the association.
Natural resources
Fish, game and wildlife
This bill authorizes the department of natural resources (DNR) to determine
who may issue each type of fish and game license, permit and stamp. DNR may issue
them directly and may appoint one or more county clerks or other persons as issuing
agents. Under current law, DNR must issue all types of fish and game licenses,
permits and stamps. Also under current law, with certain limited exceptions, if a
county clerk issues a type of fish and game license or stamp, all county clerks must
do so.
The bill also prohibits county clerks from appointing agents to issue fish and
game licenses and stamps. Under current law, county clerks may make these
appointments.
The bill allows DNR to charge a fee for releasing the names, addresses and
telephone numbers of persons to whom fish and game licenses, permits and stamps
have been issued. Under current law, DNR must release this information for free.
Under this bill, if DNR and the Lac du Flambeau band of the Lake Superior
Chippewa have in effect an agreement under which the band agrees to limit its
treaty-based, off-reservation rights to fish, the band may elect to issue fishing
licenses and stamps that are equivalent to fishing licenses or stamps issued by DNR.
These licenses and stamps include resident and nonresident annual and 2-day
licenses and inland waters trout stamps. If the band chooses to issue any of these
licenses or the trout stamps, it must collect the same fee as DNR charges. Although
the licenses or stamps may be used wherever a DNR license or stamp is valid, they
may be issued only on the Lac du Flambeau reservation.
If the agreement described above is in effect, the bill authorizes the band to
issue DNR fishing licenses and the DNR trout stamp and to retain the fees that the
band collects for these licenses and stamps and authorizes DNR to pay the band an
amount equal to the amount that DNR collects from its agents who issue DNR fishing
licenses and trout stamps on the reservation.
The band must use the fees that it collects for its own and for DNR fishing
licenses and stamps and any payment from DNR for these licenses and trout stamps
for fishery management on the reservation.
Under current law, DNR must sell any wild animals or carcasses that are seized
in violation of the fish and game laws and that are not destroyed by DNR. This bill
allows DNR to distribute for free seized carcasses to programs that provide food to
low-income persons or to the elderly. The bill also specifically allows DNR to sell
seized animals and carcasses to certain businesses licensed by DNR, such as bait
dealers, wholesale fish dealers and taxidermists. Under the bill, these businesses
may resell the seized animals or carcasses. Resale is prohibited under current law
except by eating establishments to their customers.
Under current law, DNR may limit the total number of certain types of fish and
game that are harvested by establishing a system for issuing a limited number of
permits. Under this bill, DNR may establish a permitting system for harvesting
sturgeon, either by hook and line or by spearing or by both.
With certain exceptions, under current law any person born after January 1,
1973, must successfully complete a hunter education and safety course administered
by DNR in order to be issued a license that authorizes hunting, either by firearm or
by bow and arrow or by both. This bill requires DNR to include 2 components in the
course: one in firearm safety and one in bow hunting safety. Under the bill, a person
may take only the bow hunting safety component. However, if a person successfully
completes only the bow hunting safety component, the person may only be issued a
license authorizing hunting by bow and arrow.
Recreation
Under current law, DNR charges a fee for admission to certain areas of state
parks, state forests and certain other recreation properties that it operates. Under
this bill, a person paying an admission fee must also pay an issuing fee. The bill
reduces the base admission fees so that the total amount that a person pays for
admission is no more than the amount that the person pays under current law. The
bill authorizes DNR to appoint agents to collect admission and issuing fees. Under
the bill, the agents may retain a portion of the issuing fees to compensate them for
providing this service.
Under current law, DNR administers a registration program for snowmobiles
and all-terrain vehicles (ATVs). Under this bill, if DNR and the Lac du Flambeau
band of the Lake Superior Chippewa have in effect an agreement under which the
band agrees to limit its treaty-based, off-reservation rights to fish, the band may
elect to establish a registration program for snowmobiles or ATVs. If the band
chooses to register these vehicles, it must collect the same registration fees as DNR
charges, and the registration certificates must be valid for the same length of time
as the DNR certificates. Although the registration certificates are valid for operation
of the vehicles in the state wherever the DNR certificates are valid, the certificates
may be issued only on the Lac du Flambeau reservation. The band must use the
snowmobile and ATV registration fees that it collects for activities and facilities
related to snowmobiling and ATVs respectively.
Forestry and endangered resources
This bill authorizes DNR to award grants to owners of private forest land that
is not used commercially to produce timber for the purpose of developing and
implementing land management plans. The bill requires that the plans incorporate
certain practices that will protect and enhance the natural resources on the forest
land.
This bill requires DNR to award grants to cities, villages, towns, counties and
fire fighting organizations for fire fighting services. The grants may pay up to 50%
of the cost of acquiring fire fighting supplies, equipment and vehicles. Only entities
that agree to assist DNR in fighting forest fires are eligible for these grants.
This bill appropriates moneys received by the state from the sale or lease of
resources, such as timber, from land located in the state natural areas system to fund
the endangered resources program. The purposes of the endangered resources
program are to improve habitats for endangered or threatened species and to provide
wildlife management services.
Under current law, DNR may charge a fee for providing information to 3rd
parties under the natural heritage inventory program, under which natural areas
and endangered animals and plants are inventoried and monitored. The fee is
deposited in the conservation fund. This bill appropriates revenues from these fees
to fund the endangered resources program and the natural heritage inventory
program.
Other natural resources
Current law prohibits trespassing. Generally, a person is guilty of trespassing
if he or she does any of the following: 1) enters or remains on any land of another after
having been notified (by "no trespassing" signs or otherwise) not to enter or remain
on the land; or 2) enters enclosed, cultivated or undeveloped land of another, or any
land of another that is occupied by a structure used for agricultural purposes,
without the express or implied consent of the owner or occupant, except that, with
respect to undeveloped private land that abuts a parcel of land that is owned by the
United States, this state or a local governmental unit, a person is guilty of
trespassing only if he or she enters or remains on such land after having been notified
(by "no trespassing" signs or otherwise) not to enter or remain on the land. A person
who is found guilty of trespassing is subject to a forfeiture (civil penalty) of not more
than $1,000.
This bill reduces the penalty for trespassing to a forfeiture of not more than
$500. The bill also provides that, with respect to undeveloped private land that abuts
a parcel of land that is either leased by the United States, this state or a local
governmental unit or subject to a public access requirement, a person is guilty of
trespassing only if he or she enters or remains on such land after having been notified
(by "no trespassing" signs or otherwise) not to enter or remain on the land. Under
the bill, a public access requirement is any requirement under a federal, state or local
law that land to which the law applies must be open to public access, including a
requirement that the public have access only for specified purposes (such as
hunting).
Under current law, DNR provides state funding for recreational boating
projects. The Wisconsin waterways commission determines which projects receive
funding. This bill authorizes DNR, with the approval of the Wisconsin waterways
commission, to pay 100% of the costs of acquiring land for and constructing a harbor
of refuge along the Lake Superior shoreline.
Under current law, DNR provides state funding to construct recreational
boating facilities. This bill requires that DNR do all the following:
1. Provide up to $1,200,000 to Adams County for boat launching facilities and
a harbor of refuge on Petenwell Lake.
2. Provide up to $750,000 to Fond du Lac County for boat launching facilities
at Columbia County Park on Lake Winnebago.
3. Provide up to $700,000 to Calumet County to complete Stockbridge Harbor
on Lake Winnebago.
4. Spend up to $500,000 to construct breakwater structures in Lake Winnebago
at the entrance to High Cliff State Park harbor for boater safety.
This bill requires DNR and the department of transportation to jointly develop
a plan to landscape highways in the state, with priority given to southern Wisconsin.
Under current law, DNR is appropriated moneys from the conservation fund to
enable it to receive intra-departmental moneys from vehicle and equipment pools
and spend these moneys for the operation, maintenance, replacement and purchase
of vehicles and equipment. This bill amends this provision to cover information
technology pools. The bill also requires DNR to submit a report to the department
of administration (DOA) no later than January 1, 1998, detailing DNR's proposed
expenditures from this appropriation necessary to conform to any information
technology guidelines and standards established by DOA. In addition, current law
allows a department to expend general purpose revenue from certain specified
appropriations in an amount equal to the depreciated value of equipment financed
under these appropriations. This bill adds the DNR vehicle and equipment pool
appropriation to the list of specified appropriations, so that DNR may expend general
purpose revenue from this appropriation equal to the amount of the depreciated
value of vehicles and equipment financed by the appropriation.
occupational regulation
Under current law, the department of regulation and licensing (DORL) or an
attached examining board or affiliated credentialing board may not issue certain
occupational and professional credentials if an applicant has been arrested for a
pending charge or been convicted, and the circumstances of the charge or conviction
are substantially related to the occupation or profession. This bill provides specific
statutory authority that allows DORL to conduct an investigation to determine
whether an applicant satisfies any of the eligibility requirements for a credential,
including not having such an arrest or conviction record. In addition, DORL may
require an applicant to provide any information that is necessary for the
investigation or to complete forms provided by the federal bureau of investigation
(FBI) or department of justice (DOJ) for the purpose of obtaining information about
his or her arrest or conviction record. DORL must charge an applicant for any fees,
costs or expenses incurred in conducting its investigation.
This bill changes the fees for initial and renewal credentials issued by DORL
or a board for each of the professions, occupations and businesses that DORL or a
board regulates, except for renewal credentials for charitable organizations,
professional geologists, occupational therapy assistants, physical therapists and
social workers.
Current law does not specify a renewal credential fee for real estate business
entity licenses. This bill imposes a renewal credential fee of $70.
Retirement and group insurance
Under current law, all pension plan benefits provided by the department of
employe trust funds (DETF), any retirement system of a 1st class city (currently, only
the city of Milwaukee) and any retirement system established by a county
government (currently, only Milwaukee County) are generally not assignable or
subject to execution, levy, attachment, garnishment or other legal process. This bill
makes any monthly annuity payment by DETF, any retirement system of a 1st class
city or any retirement system established by a county government assignable and
subject to execution, levy, attachment, garnishment and other legal processes that
relate to child support and family or other maintenance support. In addition, the bill
authorizes the department of industry, labor and job development (DILJD) to direct
DETF, any retirement system of a 1st class city, any retirement system established
by a county government or any private pension plan to withhold from any lump sum
payment that may be paid to a person an amount owed by the person for delinquent
support.
Under current law, with one exception, individual personal information in the
records of DETF may not be disclosed.
This bill provides that individual medical information in the records of DETF
may be disclosed only under one of the following conditions:
1. When a disability application or health insurance claim denial is appealed.
2. Under a court order or an order of a hearing examiner duly obtained after
notice to DETF and upon a showing to the court or the hearing examiner that the
information is relevant to a pending court or administrative action.
3. Upon written request, to the employer of a person who applies for a disability
annuity or duty disability benefit or who files a claim for income continuation
insurance or, if the person is a state employe, to the department of administration
for the purpose of managing the state employes' worker's compensation program.
The only individual medical information that may be disclosed is information
contained in the medical records of the person and any documentation submitted to
DETF pursuant to certain applications for disability benefits.
4. Upon written request, to a participant in the Wisconsin retirement system
or his or her designee, but only if the participant's or his or her designee's access to
the individual medical information is not otherwise restricted by law. The only
individual medical information that may be disclosed by DETF is that specifically
identified in the written request.
State government
District attorneys
Under current law, this state pays for the salaries and various benefits for
district attorneys, deputy district attorneys and assistant district attorneys. Among
their other duties, district attorneys may, if the attorney general has declined to do
so, bring a petition under the sexually violent person commitment law seeking the
commitment for involuntary treatment of a person found to be a sexually violent
person.
This bill specifies that 4 assistant district attorney project positions (one each
in Brown, Dane, Marathon and Milwaukee counties) shall be used until June 30,
1999, to provide assistant district attorneys who will file and prosecute petitions
anywhere in this state under the sexually violent person commitment law. The bill
also requires district attorneys to maintain, during the period ending on June 30,
1999, records of the time spent on cases brought under the sexually violent person
commitment law and to report that information to the department of administration
(DOA).
