Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,230,17 (6) The department, or an entity with which the department contracts, shall provide to a drug manufacturer that sells drugs for prescribed use in this state documents designed for use by the manufacturer in entering into a rebate agreement with the department or entity that is modeled on the rebate agreement specified under 42 USC 1396r-8. A rebate agreement under this subsection shall include all of the following as requirements:

SB55-SSA1-SA2,230,23 (a) That the manufacturer shall make rebate payments for each prescription drug of the manufacturer that is prescribed for and purchased by persons who meet criteria under sub. (2) (a) and persons who meet criteria under sub. (2) (b) and have paid the deductible under sub. (3) (b) 2. a., to the state treasurer to be credited to the appropriation account under s. 20.435 (4) (j), each calendar quarter or according to a schedule established by the department.

SB55-SSA1-SA2,230,25 (b) That the amount of the rebate payment shall be determined by a method specified in 42 USC 1396r-8 (c).

SB55-SSA1-SA2,231,16 (7) From the appropriation accounts under s. 20.435 (4) (bv) and (j), beginning September 1, 2002, the department shall, under a schedule that is identical to that used by the department for payment of pharmacy provider claims under medical assistance, provide to pharmacies and pharmacists payments for prescription drugs sold by the pharmacies or pharmacists to persons eligible under sub. (2) who have paid the deductible specified under sub. (3) (b) 1. or 2. or who, under sub. (3) (b) 1., are not required to pay a deductible. The payment for each prescription drug under this subsection shall be at the program payment rate, minus any copayment paid by the person under sub. (5) (a) 2. or 4., and plus, if applicable, incentive payments that are similar to those provided under s. 49.45 (8v). The department shall devise and distribute a claim form for use by pharmacies and pharmacists under this subsection and may limit payment under this subsection to those prescription drugs for which payment claims are submitted by pharmacists or pharmacies directly to the department. The department may apply to the program under this section the same utilization and cost control procedures that apply under rules promulgated by the department to medical assistance under subch. IV of ch. 49.

SB55-SSA1-SA2,231,23 (8) The department shall, under methods promulgated by the department by rule, monitor compliance by pharmacies and pharmacists that are certified providers of medical assistance with the requirements of sub. (5) and shall annually report to the legislature under s. 13.172 (2) concerning the compliance. The report shall include information on any pharmacies or pharmacists that discontinue participation as certified providers of medical assistance and the reasons given for the discontinuance.

SB55-SSA1-SA2,231,25 (9) (a) The department shall promulgate rules relating to prohibitions on fraud that are substantially similar to applicable provisions under s. 49.49 (1) (a).

SB55-SSA1-SA2,232,4 (b) A person who is convicted of violating a rule promulgated by the department under par. (a) in connection with that person's furnishing of prescription drugs under this section may be fined not more than $25,000, or imprisoned for not more than 7 years and 6 months, or both.

SB55-SSA1-SA2,232,7 (c) A person other than a person specified in par. (b) who is convicted of violating a rule promulgated by the department under par. (a) may be fined not more than $10,000, or imprisoned for not more than one year, or both.

SB55-SSA1-SA2,232,13 (10) If federal law is amended to provide coverage for prescription drugs for outpatient care as a benefit under medicare or to provide similar coverage under another program, the department shall submit to appropriate standing committees of the legislature under s. 13.172 (3) a report that contains an analysis of the differences between such a federal program and the program under this section and that provides recommendations concerning alignment, if any, of the differences.

SB55-SSA1-SA2,232,17 (11) Except as provided in subs. (8) to (10) and except for the department's rule-making requirements and authority, the department may enter into a contract with an entity to perform the duties and exercise the powers of the department under this section.".

SB55-SSA1-SA2,232,18 868. Page 656, line 10: after that line insert:

SB55-SSA1-SA2,232,19 " Section 1966v. 51.30 (4) (b) 10m. of the statutes is amended to read:

SB55-SSA1-SA2,232,24 51.30 (4) (b) 10m. To the department of justice or a district attorney under s. 980.015 (3) (b), if the treatment records are maintained by an agency with jurisdiction, as defined in s. 980.015 (1) 980.01 (1d), that has control or custody over a person who may meet the criteria for commitment as a sexually violent person under ch. 980.".

SB55-SSA1-SA2,233,1 869. Page 656, line 11: delete lines 11 to 22 and substitute:

SB55-SSA1-SA2,233,2 " Section 1968d. 51.42 (3) (ar) 4m. of the statutes is amended to read:

SB55-SSA1-SA2,233,9 51.42 (3) (ar) 4m. If state, federal, and county funding for alcohol and other drug abuse treatment services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to pregnant women who suffer from alcoholism or alcohol abuse or are drug dependent and that second priority be given to individuals who are 20 years of age were eligible for the medical assistance program under s. 49.46 (1) (a) 5m. but became ineligible for the program solely because they attained the age of 20.

SB55-SSA1-SA2, s. 1968dh Section 1968dh. 51.42 (3) (ar) 4p. of the statutes is created to read:

SB55-SSA1-SA2,233,15 51.42 (3) (ar) 4p. If state, federal, and county funding for mental health services provided under subd. 4. are insufficient to meet the needs of all eligible individuals, ensure that first priority for services is given to individuals who are 20 years of age and were eligible for the medical assistance program under s. 49.46 (1) (a) 5m. but became ineligible for the program solely because they attained the age of 20.".

SB55-SSA1-SA2,233,16 870. Page 665, line 20: after that line insert:

SB55-SSA1-SA2,233,17 " Section 2001r. 59.52 (29) (c) of the statutes is created to read:

SB55-SSA1-SA2,233,21 59.52 (29) (c) If a county enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2002j Section 2002j. 59.57 (1) (b) of the statutes is amended to read:

SB55-SSA1-SA2,234,4 59.57 (1) (b) If a county with a population of 500,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 560.036 (1) (f), a minority business certified by the department of commerce under s. 560.036 (2) and that principally serves minority group members.".

SB55-SSA1-SA2,234,5 871. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,234,6 " Section 2003t. 60.61 (2) (j) of the statutes is created to read:

SB55-SSA1-SA2,234,7 60.61 (2) (j) Authorize burials under s. 157.066.

SB55-SSA1-SA2, s. 2003x Section 2003x. 62.23 (7) (c) of the statutes is amended to read:

SB55-SSA1-SA2,234,21 62.23 (7) (c) Purposes in view. Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air, including access to sunlight for solar collectors and to wind for wind energy systems; to encourage the protection of groundwater resources; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to authorize burials if an ordinance is enacted under s. 157.066; and to preserve burial sites, as defined in s. 157.70 (1) (b). Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such city.".

SB55-SSA1-SA2,234,22 872. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,234,23 " Section 2003s. 60.23 (32) of the statutes is created to read:

SB55-SSA1-SA2,235,5 60.23 (32) Town tax increment powers. If the town is located in a county which does not have any cities or villages, exercise all powers of cities under s. 66.1105. If the town board exercises the powers of a city under s. 66.1105, it is subject to the same duties as a common council under s. 66.1105 and the town is subject to the same duties and liabilities as a city under s. 66.1105.".

SB55-SSA1-SA2,235,6 873. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,235,7 " Section 2003t. 60.47 (7) of the statutes is created to read:

SB55-SSA1-SA2,235,12 60.47 (7) Minority contracting. If a town board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under subs. (2) and (3), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2003up Section 2003up. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

SB55-SSA1-SA2,235,20 61.55 (1) All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901 insofar as said that section may be is applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-SA2,236,4 (2) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

SB55-SSA1-SA2, s. 2003uq Section 2003uq. 61.55 (3) of the statutes is created to read:

SB55-SSA1-SA2,236,9 61.55 (3) If a village board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under sub. (1), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-SA2, s. 2003vp Section 2003vp. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

SB55-SSA1-SA2,236,18 62.15 (1) Contracts; how let; exception for donated materials and labor. (a) All public construction, the estimated cost of which exceeds $15,000, shall be let by contract to the lowest responsible bidder; all. All other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-SA2,236,23 (b) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

SB55-SSA1-SA2, s. 2003vq Section 2003vq. 62.15 (1) (c) of the statutes is created to read:

SB55-SSA1-SA2,237,4 62.15 (1) (c) If a council enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-SA2,237,5 874. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,237,6 " Section 2003v. 60.24 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,237,10 60.24 (3) (a) Nominate individuals for service as election officials to the town board whenever the town board disapproves the nominee of a party committee under s. 7.30 (4) and the names of additional nominees are not available or whenever the town board determines to appoint reserve inspectors under s. 7.30 (1).".

SB55-SSA1-SA2,237,11 875. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,237,12 " Section 2003v. 62.13 (5) (c) of the statutes is amended to read:

SB55-SSA1-SA2,237,20 62.13 (5) (c) A subordinate may be suspended for just cause, as described in par. (em), by the chief or the board as a penalty. The chief shall file a report of such the suspension with the commission immediately upon issuing the suspension. No hearing on such the suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board or before an arbitrator appointed by the Wisconsin employment relations commission, the chief shall be required to file the charges with the board or arbitrator upon which such suspension was based.

SB55-SSA1-SA2, s. 2003vb Section 2003vb. 62.13 (5) (d) of the statutes is amended to read:

SB55-SSA1-SA2,238,6 62.13 (5) (d) Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the president of the board on request and be served as are subpoenas under ch. 885. The board or arbitrator shall render a final decision on the charges no later than 180 days after the date on which the hearing commences.

SB55-SSA1-SA2, s. 2003vd Section 2003vd. 62.13 (5) (e) of the statutes is amended to read:

SB55-SSA1-SA2,238,12 62.13 (5) (e) If the board determines that the charges are not sustained, the accused, if suspended, shall be immediately reinstated and all lost pay restored. If the board determines that the charges are sustained, the accused, by order of the board, may be suspended or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.

SB55-SSA1-SA2, s. 2003vf Section 2003vf. 62.13 (5) (em) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,238,19 62.13 (5) (em) (intro.) No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the board under par. (e), based on charges filed by the board, members of the board, an aggrieved person or the chief under par. (b), unless the board determines whether there is just cause, as described in this paragraph, to sustain the charges. In making its determination, the board or arbitrator shall apply the following standards, to the extent applicable:

SB55-SSA1-SA2, s. 2003vh Section 2003vh. 62.13 (5) (g) of the statutes is amended to read:

SB55-SSA1-SA2,238,23 62.13 (5) (g) Further rules for the administration of this subsection may be made by the board or collectively bargained with the representative of the collective bargaining unit of which subordinates are members.

SB55-SSA1-SA2, s. 2003vj Section 2003vj. 62.13 (5) (i) of the statutes is amended to read:

SB55-SSA1-SA2,239,19 62.13 (5) (i) Any If any person is suspended, reduced, suspended and reduced, or removed by the board, the person or any labor organization that represents such a person may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed or by filing a motion with the circuit court under s. 788.13. Within 5 days after receiving written notice of the appeal, the board or arbitrator shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk's fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive.".

SB55-SSA1-SA2,239,20 876. Page 669, line 18: after that line insert:

SB55-SSA1-SA2,239,21 " Section 2004e. 62.51 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,240,8 62.51 (1) (a) "Public office" means the following positions or their equivalent: city engineer; city comptroller; city purchasing agent; commissioner of building inspection, of city development, of health, or of public works; director of administration, of budget and management, of community development agency, of employee relations, of office of telecommunications, or of safety; emergency management coordinator; employee benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.".

SB55-SSA1-SA2,240,9 877. Page 676, line 9: after that line insert:

SB55-SSA1-SA2,240,10 " Section 2014mn. 66.0137 (4) of the statutes is amended to read:

SB55-SSA1-SA2,240,16 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14) (15), 632.896 , and 767.25 (4m) (d).".

SB55-SSA1-SA2,240,18 878. Page 677, line 19: delete the material beginning with that line and ending with page 678, line 10.

SB55-SSA1-SA2,240,19 879. Page 678, line 16: delete "may" and substitute "may".

SB55-SSA1-SA2,240,20 880. Page 678, line 17: delete "shall".

SB55-SSA1-SA2,240,21 881. Page 678, line 19: delete "states whether".

SB55-SSA1-SA2,240,22 882. Page 678, line 19: delete "in the public interest or".

SB55-SSA1-SA2,240,23 883. Page 678, line 20: delete "is against" and substitute "against".

SB55-SSA1-SA2,241,1 884. Page 678, line 21: delete "in or".

SB55-SSA1-SA2,241,2 885. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,241,3 " Section 2021. 66.0627 (title) of the statutes is amended to read:

SB55-SSA1-SA2,241,4 66.0627 (title) Special charges for current services.

SB55-SSA1-SA2, s. 2022 Section 2022. 66.0627 (2) of the statutes is amended to read:

SB55-SSA1-SA2,241,11 66.0627 (2) Except as provided in sub. (5), the governing body of a city, village or town may impose a special charge against real property for current services that are available, regardless of whether the services are actually rendered, by allocating all or part of the cost of the service to the property that is served or that is eligible to be served. The authority under this section is in addition to any other method provided by law.

SB55-SSA1-SA2, s. 2023 Section 2023. 66.0707 (2) of the statutes is amended to read:

SB55-SSA1-SA2,241,20 66.0707 (2) A city, village or town may impose a special charge under s. 66.0627 against real property in an adjacent city, village or town that is served by current services that are available, regardless of whether the services are actually rendered by the municipality imposing the special charge if the municipality in which the property is located approves the imposition by resolution. The owner of the property is entitled to the use and enjoyment of the service for which the special charge is imposed on the same conditions as the owner of property within the city, village or town.".

SB55-SSA1-SA2,241,21 886. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,241,22 " Section 2020s. 66.0501 (4) of the statutes is amended to read:

SB55-SSA1-SA2,242,3 66.0501 (4) Compatible offices and positions. A volunteer fire fighter, emergency medical technician or first responder in a city, village or town whose annual compensation, including fringe benefits, does not exceed $2,500 the amount specified in s. 946.13 (2) (a) may also hold an elected elective office in that city, village or town.".

SB55-SSA1-SA2,242,4 887. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,242,5 " Section 2019t. 66.0301 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,242,17 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, or regional planning commission, or the Milwaukee County child welfare district under s. 48.562.".

SB55-SSA1-SA2,242,18 888. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,242,19 " Section 2026k. 66.0901 (6) of the statutes is amended to read:

SB55-SSA1-SA2,243,10 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling, or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character, and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency, and ability to perform work, and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid. If one of the conditions a municipality imposes under a contract that is let under this section authorizes preferences or set-asides to minority businesses in the awarding of a contract under this section, the condition shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".