SB45: Bill Text

SB45, s. 2267 Section 2267. 149.143 (2) (a) 1. c. of the statutes is amended to read:

SB45,1055,20 149.143 (2) (a) 1. c. If the amount estimated to be received under subd. 1. a. is less than the amount estimated to be received under subd. 1. b., direct the plan administrator to provide to the department, prior to the beginning of the plan year and according to procedures specified by the department, the amount of the difference. The department shall deposit all amounts received under this subd. 1. c. in the appropriation account under s. 20.435 (5) (4) (gh).

SB45, s. 2268 Section 2268. 149.144 of the statutes is amended to read:

SB45,1056,9 149.144 Adjustments to insurer assessments and provider payment rates for premium and deductible reductions. If the moneys under s. 20.435 (5) (4) (ah) are insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), or the department determines that the moneys under s. 20.435 (5) (4) (ah) will be insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), the department shall, by rule, adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to s. 149.143 (1) (b) 1., sufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a). The department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

SB45, s. 2269 Section 2269. 149.146 (1) (a) of the statutes is amended to read:

SB45,1056,14 149.146 (1) (a) Beginning on January 1, 1998, in addition to the coverage required under s. 149.14, the plan shall offer to all eligible persons who are not eligible for medicare a choice of coverage, as described in section 2744 (a) (1) (C), P.L. 104-191. Any such choice of coverage shall be major medical expense coverage.

SB45, s. 2270 Section 2270. 149.146 (1) (b) 2. of the statutes is amended to read:

SB45,1056,24 149.146 (1) (b) 2. An eligible person under par. (a) may elect once each year, at the time and according to procedures established by the department, among the coverages offered under this section and s. 149.14. If an eligible person elects new coverage, any preexisting condition exclusion imposed under the new coverage is met to the extent that the eligible person has been previously and continuously covered under this chapter. No preexisting condition exclusion may be imposed on an eligible person who elects new coverage if the person was an eligible individual when first covered under this chapter and the person remained continuously covered under this chapter up to the time of electing the new coverage.

SB45, s. 2271 Section 2271. 149.146 (2) (am) of the statutes is created to read:

SB45,1057,4 149.146 (2) (am) 1. For all eligible persons with coverage under this section, the deductible shall be $2,500. Expenses used to satisfy the deductible during the last 90 days of a calendar year shall also be applied to satisfy the deductible for the following calendar year.

SB45,1057,8 2. Except as provided in subd. 3., if the covered costs incurred by the eligible person exceed the deductible for major medical expense coverage in a calendar year, the plan shall pay at least 80% of any additional covered costs incurred by the person during the calendar year.

SB45,1057,13 3. If the aggregate of the covered costs not paid by the plan under subd. 2. and the deductible exceeds $3,500 for any eligible person during a calendar year or $7,000 for all eligible persons in a family, the plan shall pay 100% of all covered costs incurred by the eligible person during the calendar year after the payment ceilings under this subdivision are exceeded.

SB45,1057,18 4. Notwithstanding subds. 1. to 3., the department may establish different deductible amounts, a different coinsurance percentage and different covered costs and deductible aggregate amounts from those specified in subds. 1. to 3. in accordance with cost containment provisions established by the department under s. 149.17 (4).

SB45, s. 2272 Section 2272. 149.15 (3) (intro.) of the statutes is amended to read:

SB45,1057,21 149.15 (3) (intro.) The board shall do advise the department on all of the following:

SB45, s. 2273 Section 2273. 149.15 (3) (a) of the statutes is amended to read:

SB45,1057,25 149.15 (3) (a) Establish Establishing procedures under which applicants and participants may have grievances reviewed by an impartial body and reported to the board.

SB45, s. 2274 Section 2274. 149.15 (3) (c) of the statutes is amended to read:

SB45,1058,8 149.15 (3) (c) Collect Determining assessments to be collected from all insurers to provide for claims paid under the plan and for administrative expenses incurred or estimated to be incurred during the period for which the assessment is made. The level of payments shall be established as provided under s. 149.143. Assessment of the insurers shall occur at the end of each calendar year or other fiscal year end established by the board. Assessments are due and payable within 30 days of receipt by the insurer of the assessment notice.

SB45, s. 2275 Section 2275. 149.15 (3) (d) of the statutes is amended to read:

SB45,1058,12 149.15 (3) (d) Develop and implement Developing and implementing a program to publicize the existence of the plan, the eligibility requirements and procedures for enrollment, and to maintain public awareness of the plan.

SB45, s. 2276 Section 2276. 149.15 (3) (e) of the statutes is amended to read:

SB45,1058,16 149.15 (3) (e) Establish Establishing for payment of covered expenses, a payment rate that is 10% less than the charges approved by the plan administrator for reimbursement of covered expenses under s. 149.14 (3).

SB45, s. 2277 Section 2277. 149.15 (3) (f) of the statutes is amended to read:

SB45,1058,19 149.15 (3) (f) Advise the department on the The choice of coverage under s. 149.146.

SB45, s. 2278 Section 2278. 149.165 (4) of the statutes is amended to read:

SB45,1058,23 149.165 (4) The department shall reimburse the plan for premium reductions under sub. (2) and deductible reductions under s. 149.14 (5) (a) with moneys from the appropriation under s. 20.435 (5) (4) (ah).

SB45, s. 2279 Section 2279. 150.84 (2) of the statutes is amended to read:

SB45,1059,6 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB45, s. 2280 Section 2280. 153.05 (6m) of the statutes is amended to read:

SB45,1059,13 153.05 (6m) The department may contract with the group insurance board for the provision of data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance for state employes. The department shall establish contract fees for the provision of the services. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (1) (4) (hg).

SB45, s. 2281 Section 2281. 153.60 (1) of the statutes is amended to read:

SB45,1060,10 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, data base development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (1) (4) (hi) during the fiscal year, the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (1) (4) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg) for the fiscal year, to health care providers who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (4) (hg).

SB45, s. 2282 Section 2282. 153.60 (3) of the statutes is amended to read:

SB45,1060,22 153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (1) (4) (hg) and may be used solely for the purposes of s. 153.05 (6r).

SB45, s. 2283 Section 2283. 153.65 of the statutes is amended to read:

SB45,1061,5 153.65 Provision of special information; user fees. The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section shall be credited to the appropriation under s. 20.435 (1) (4) (hi).

SB45, s. 2284 Section 2284. 155.01 (6) of the statutes is amended to read:

SB45,1061,12 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, or 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB45, s. 2285 Section 2285. 160.255 of the statutes is amended to read:

SB45,1061,18 160.255 Exceptions for private certain sewage systems. (1) In this section, "private exempt sewage system" has the meaning given means a small sewage system, as defined in s. 145.01 (12) (14m), or a sewage system that is in existence on January 1, 2000, and that would be a small sewage system except that its design flow exceeds the maximum design flow specified under s. 145.02 (4) (c).

SB45,1061,22 (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private exempt sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

SB45,1062,2 (3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private exempt sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

SB45,1062,7 (4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private an exempt sewage system.

SB45,1062,11 (5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private an exempt sewage system.

SB45, s. 2286 Section 2286. 165.017 (5) of the statutes is repealed.

SB45, s. 2287 Section 2287. 165.25 (6) (f) of the statutes is created to read:

SB45,1063,3 165.25 (6) (f) Except as provided under ss. 49.49 (6), 100.263, 133.16, 281.98, 283.91 (5), 289.96 (3), 292.99, 293.87 (4), 295.19 (3) (b), 299.95 and 299.97, any money that is received by the department of justice under this subsection as the result of a contract or understanding between the department of justice and another state agency that is approved under s. 16.505 or 16.515 or as part of the biennial budget act shall be credited to the appropriation under s. 20.455 (1) (km). If authority to spend the money that is received by the department of justice under this subsection as the result of a contract or understanding between the department of justice and another state agency is not approved under s. 16.505 or 16.515 or as part of the biennial budget act, the money received shall be paid into the general fund as provided under s. 20.001 (4) or 165.25 (4) (d). An agency that is not enumerated in this section and that does not have a contract or understanding with the department of justice that is approved under s. 16.505 or 16.515 or as part of the biennial budget act may not be charged for legal services provided to that agency by the department of justice.

SB45, s. 2288 Section 2288. 165.76 (1) (a) of the statutes is amended to read:

SB45,1063,9 165.76 (1) (a) Is in prison or, a secured correctional facility, as defined in s. 938.02 (15m), or a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), or on probation, extended supervision, parole, supervision or aftercare supervision on or after August 12, 1993, for any violation of s. 940.225 (1) or (2), 948.02 (1) or (2) or 948.025.

SB45, s. 2289 Section 2289. 165.76 (2) (b) 2. of the statutes is amended to read:

SB45,1063,20 165.76 (2) (b) 2. If the person has been sentenced to prison or placed in a secured correctional facility or, a secured child caring institution or a secured group home, he or she shall provide the specimen under par. (a) at the office of a county sheriff as soon as practicable after release on parole, extended supervision or aftercare supervision, as directed by his or her probation, extended supervision and parole agent or aftercare agent, except that the department of corrections or the county department under s. 46.215, 46.22 or 46.23 operating the secured group home in which the person is placed may require the person to provide the specimen while he or she is in prison or in a the secured correctional facility or a, secured child caring institution or secured group home.

SB45, s. 2290 Section 2290. 165.85 (5m) of the statutes is repealed.

SB45, s. 2291 Section 2291. 165.87 (1) (title) of the statutes is repealed.

SB45, s. 2292 Section 2292. 165.87 (1) (a) of the statutes is renumbered 165.87 and amended to read:

SB45,1064,7 165.87 Law enforcement training fund. Twenty-seven fifty-fifths of all moneys Moneys collected from penalty assessments under this section shall be credited s. 757.05 and transferred to the appropriation account under s. 20.455 (2) (i) and utilized (kp) and (kq) shall be used in accordance with ss. 20.455 (2) and s. 165.85 (5) and (5m). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), and shall constitute the law enforcement training fund.

SB45, s. 2293 Section 2293. 165.87 (1) (b) of the statutes is repealed.

SB45, s. 2294 Section 2294. 165.87 (1) (bn) of the statutes is repealed.

SB45, s. 2295 Section 2295. 165.87 (1) (bp) of the statutes is repealed.

SB45, s. 2296 Section 2296. 165.87 (1) (br) of the statutes is repealed.

SB45, s. 2297 Section 2297. 165.87 (1) (c) of the statutes is repealed.

SB45, s. 2298 Section 2298. 165.87 (2) of the statutes is renumbered 757.05.

SB45, s. 2299 Section 2299. 165.90 (4) (intro.) of the statutes is amended to read:

SB45,1064,20 165.90 (4) (intro.) If the department approves a plan, the department shall certify the program as eligible to receive aid under s. 20.455 (2) (d) and (hn) (kt). Prior to January 15, of the year for which funding is sought, the department shall distribute from the appropriations under s. 20.455 (2) (d) and (hn) (kt) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

SB45, s. 2300 Section 2300. 165.90 (4) (a) of the statutes is amended to read:

SB45,1064,23 165.90 (4) (a) A program may use funds received under s. 20.455 (2) (d) or (hn) (kt) only for law enforcement operations.

SB45, s. 2301 Section 2301. 165.90 (4) (b) of the statutes is amended to read:

SB45,1065,4 165.90 (4) (b) A program shall, prior to the receipt of funds under s. 20.455 (2) (d) or (hn) (kt) for the 2nd and any subsequent year, submit a report to the department regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

SB45, s. 2302 Section 2302. 166.15 (1) (f) of the statutes is amended to read:

SB45,1065,10 166.15 (1) (f) "Nuclear incident" means any sudden or nonsudden release of ionizing radiation, as defined under s. 254.31 (3g), from radioactive waste being stored or disposed of in a waste repository or transported. "Nuclear incident" does not include any release of radiation from radioactive waste being transported under routine operations.

SB45, s. 2303 Section 2303. 166.20 (7g) of the statutes is repealed.

SB45, s. 2304 Section 2304. 168.12 (1) of the statutes is amended to read:

SB45,1065,20 168.12 (1) Except as provided in subs. (1g) and (1r), there is imposed a petroleum inspection fee at the rate of 3 cents per gallon specified in sub. (1e) on all petroleum products that are received by a supplier for sale in this state or for sale for export to this state. The department of revenue shall determine when a petroleum product is received under this subsection in the same manner that it determines under s. 78.07 when motor vehicle fuel is received. The fee shall be paid under s. 168.125 and shall be based on the number of gallons reported under s. 168.125.

SB45, s. 2305 Section 2305. 168.12 (1e) of the statutes is created to read:

SB45,1065,23 168.12 (1e) (a) Except as provided in par. (b), the petroleum inspection fee is 3 cents per gallon.

SB45,1066,6 (b) 1. On or before January 1 of each even-numbered year, beginning with January 1, 2002, the department shall determine the total amount claimed as reimbursement for claims that have been submitted under s. 101.143 (3) and that are unpaid as of the preceding June 30. If that total exceeds $10,000,000, the department shall increase the petroleum inspection fee, effective the following April 1, by the amount per gallon, rounded to the nearest 0.1 cent, that the department estimates will annually generate revenue equal to the amount by which the total of the unpaid claims exceeds $10,000,000.

SB45,1066,15 2. On or before January 1 of each even-numbered year, beginning with January 1, 2002, the department shall determine the unencumbered balance in the petroleum inspection fund as of the preceding June 30. If that balance exceeds $10,000,000 and if no revenue obligations issued under s. 101.143 (9m) are outstanding, the department shall reduce the petroleum inspection fee, effective the following April 1, by the amount per gallon, rounded to the nearest 0.1 cent, that the department estimates will reduce the revenue raised annually by the fee in an amount equal to $5,000,000 or the amount by which that balance exceeds $10,000,000, whichever is greater.

SB45,1066,17 3. The department shall notify the department of revenue of any change in the petroleum inspection fee under this paragraph.

SB45, s. 2306 Section 2306. 170.12 (6) (a) of the statutes is amended to read:

SB45,1066,25 170.12 (6) (a) The boundaries of the location where sunken logs may be raised pursuant to the permit. The area covered by the permit shall be contiguous, shall be contained within a single quarter section and may not exceed 160 acres. A permit may not cover submerged lands that are not contained within Lake Michigan, Lake Superior, Star Lake in Villas County, Boom Lake in Oneida County, Rib Lake in Taylor County or the Fox River. No location may be covered by more than one permit under this section.

SB45, s. 2307 Section 2307. 177.01 (10) of the statutes is renumbered 177.01 (10) (a).

SB45, s. 2308 Section 2308. 177.01 (10) (b) of the statutes is created to read:

SB45,1067,6 177.01 (10) (b) "Intangible property" does not include a credit balance issued to a commercial customer account by a business association in the ordinary course of business, unless the credit balance is property described in s. 177.06 (1) or (2) held by a banking organization or financial organization.

SB45, s. 2309 Section 2309. 195.28 (2) of the statutes is amended to read:

SB45,1067,16 195.28 (2) Installation costs. The cost of any signal or other crossing protection device which is ordered installed under sub. (1) and the cost of installing any such device shall be paid by the department from the appropriations under s. 20.395 (2) (gj), (gr) and (gx). This subsection applies only if, prior to the order under sub. (1), the secretary of transportation or the railroad grade crossings committee has recommended that the office consider improvements to the railroad grade crossing as provided in 1999 Wisconsin Act .... (this act), section 9150 (5), or if, regardless of the recommendation concerning the crossing, the office determines that immediate improvements to the crossing are necessary to protect public safety.

SB45, s. 2310 Section 2310. 196.02 (7m) of the statutes is created to read:

SB45,1067,19 196.02 (7m) Submittal of information. (a) Notwithstanding sub. (4) (a), (b) 3., (6) or (7):

SB45,1067,23 1. The commission may require a telecommunications utility to submit information to the commission only if the commission reduces, to the extent practicable, any burden on the telecommunications utility that results from complying with the requirement.

SB45,1067,25 2. A telecommunications utility is not required to provide any information to the commission unless the commission certifies each of the following: