Under current law, a court imposes a crime laboratories and drug law
enforcement assessment when it sentences a person, places a person on probation,
or, in most cases, imposes a forfeiture. This bill increases the assessment from $5 to
$7.
This bill increases the filing fees in court of appeals and supreme court appeals
from $150 to $195.
Under current law, district attorneys and deputy and assistant district
attorneys are state employees. DOA, through its State Prosecutors Office, provides
personnel, budget, and other types of management assistance to district attorney
offices. With respect to individual cases, however, district attorneys have near-total
discretion in deciding what cases to pursue and how to prosecute them. In working
on those cases, a district attorney may request assistance from prosecutors in other
counties, who may then serve in the same capacity as the district attorney who
requested their assistance.
This bill creates a State Prosecutors Board, which is attached to DOA. The
board consists of eight district attorneys selected by the governor who must: 1) adopt
advisory guidelines for district attorneys to use in determining when criminal cases
should be prosecuted or diverted for nonprosecutorial programs; 2) issue rules
regarding the temporary assignment of district attorneys, deputy district attorneys,
and assistant district attorneys to other counties; 3) hire and assign prosecutors for
temporary placement in district attorney offices throughout the state; and 4)
supervise the State Prosecutors Office.
crimes
Current law requires the Sentencing Commission to collect and disseminate
information about sentencing practices in criminal cases and to develop advisory
sentencing guidelines for felonies to promote public safety, to reflect changes in
sentencing practices, and to preserve the integrity of the criminal justice and
correctional systems. (As of the date of this bill's introduction, however, the
Sentencing Commission has not adopted any sentencing guidelines.) When a court
sentences a person who, on or after February 1, 2003, committed a felony, the court
must consider any advisory sentencing guidelines that the Sentencing Commission
develops for that offense. If the Sentencing Commission has not adopted guidelines,
the court must consider any temporary advisory sentencing guidelines that were
developed by the Criminal Penalties Study Committee (CPSC) for that offense. The
court, however, is not required to make a sentencing decision that is consistent with
applicable guidelines, and a defendant may not appeal a court's sentencing decision
based on the court's decision to depart from a guideline.
Under this bill, by January 1, 2004, the Sentencing Commission must analyze
whether the temporary sentencing guidelines adopted by the CPSC are adequately
promoting public safety in a cost-effective manner, promoting consistency in
sentencing practices, and preserving the integrity of the criminal justice and
correctional systems. If the commission determines that the temporary guidelines
are not adequately promoting these objectives, it must adopt mandatory sentencing
guidelines for felonies and any other crimes for which a person may be sentenced to
a state prison, other than those for which the penalty is life imprisonment. The
mandatory sentencing guidelines for an offense must assign suggested ranges of
punishment based upon the combination of offense and defendant characteristics in
each case, but the range of punishment must be consistent with the penalty provided
for that crime under current law.
If the commission adopts a mandatory sentencing guideline for a crime, a court,
in sentencing a person convicted of that crime, must impose a sentence of the kind
and within the range described in the guideline unless the court finds that there is
an aggravating or mitigating factor that warrants a different sentence. In addition,
the prohibition on appeals based on a departure from an advisory guideline does not
apply to a departure from a mandatory guideline.
In addition, this bill requires the Sentencing Commission to adopt advisory
guidelines regarding the use of alternatives to incarceration. It also detaches the
commission from DOA and attaches it to DOC.
Under current law, DOJ makes crime victim compensation awards to victims
of certain crimes. In addition, when sentencing a person convicted of a crime, a judge
may order the person to make restitution to the victim of the crime. If a person is
ordered to make restitution to a victim of his or her crime, and the victim also
received a crime victim compensation award for that crime, DOJ is entitled to be
reimbursed from the restitution payments the amount it previously awarded to the
crime victim.
This bill provides that restitution that is paid to DOJ as reimbursement for
crime victim compensation awards must be used to fund other crime victim
compensation awards. The bill also eliminates restrictions that prevent state funds
from being used to pay certain parts of crime victim awards. Under this bill, either
state or federal funding may be used to pay for any part of an award.
This bill appropriates funds derived from restitution paid in drug crime cases
to DOJ for the purchase of drugs in investigating other drug crimes.
Education
Primary and secondary education
Current law requires DPI, DOA, and the Legislative Fiscal Bureau to certify to
JCF by May 15 of each year an estimate of the amount of general equalization aid
needed, in combination with the amounts distributed to schools as categorical aids
and the school levy tax credit, to fund two-thirds of statewide school costs
(two-thirds funding). This bill eliminates two-thirds funding.
Current law requires DPI to develop a high school graduation examination.
Beginning on September 1, 2005, a school board or charter school may not grant a
pupil a high school diploma unless the pupil satisfies criteria set by the school board
or charter school, including the pupil's score on the high school graduation
examination. This bill eliminates the high school graduation examination
requirement and the requirement that DPI develop a high school graduation
examination.
The current state school aid formula is designed to equalize school district tax
bases and thus minimize the differences among the abilities of school districts to
raise revenue for educational programs. The formula establishes three guaranteed
tax bases, known as guaranteed valuations, that apply to three different levels of
expenditure. The primary guaranteed valuation applies to those costs that do not
exceed the primary ceiling cost per pupil of $1,000. The secondary guaranteed
valuation applies to per pupil costs that exceed the primary ceiling. The tertiary
guaranteed valuation applies to per pupil costs that exceed the secondary ceiling.
The percentage of a school district's state-aided costs at each level of expenditure is
equal to the net guaranteed valuation (the difference between the applicable
guaranteed valuation and the equalized value of taxable property in the school
district) divided by the applicable guaranteed valuation.
Under the school aid formula, the aid generated at the primary level is reduced
by aid generated at the secondary and tertiary levels but each school district is
guaranteed aid for its primary costs. This bill eliminates this guarantee of aid for
primary costs for a school district whose secondary or tertiary equalized valuation
exceeds its secondary or tertiary guaranteed valuation.
Under current law, annually the state pays to each private school participating
in the Milwaukee Parental Choice Program (MPCP) the lesser of the following for
each pupil attending the school under MPCP:
1. The private school's cost per pupil that is related to educational
programming.
2. The sum of the amount paid per pupil under the MPCP in the previous school
year plus the amount of revenue increase per pupil allowed under the school district
revenue limits.
Under this bill, the state pays to each participating private school the lesser of
the following:
1. The private school's cost per pupil that is related to educational
programming.
2. The amount paid per pupil under the MPCP in the previous school year
increased by the percentage change in the amount of general school aid over the
previous school year.
Under current law, annually the state pays to each independent charter school
(a charter school established by the city of Milwaukee, the University of
Wisconsin-Milwaukee, the University of Wisconsin-Parkside, or the Milwaukee
Area Technical College), for each pupil attending the charter school, the sum of the
amount paid per pupil in the previous school year plus the amount of revenue
increase per pupil allowed under the school district revenue limits.
Under this bill, annually the state pays to each independent charter school, for
each pupil attending the school, the sum of the amount paid per pupil in the previous
school year and the amount of increase in the per pupil payment under the MPCP.
The amount paid per pupil may not be less than the amount paid per pupil in the
previous school year.
Current law generally limits the increase in the total amount of revenue per
pupil that a school district may receive from general school aids and property taxes
in a school year to the amount of revenue increase allowed per pupil in the previous
school year increased by the percentage change in the consumer price index. School
districts with revenues per pupil that are below their revenue ceiling are exempt
from the revenue limits. This bill increases the revenue ceiling from $6,900 to $7,400
in the 2003-04 school year and to $7,800 in the 2004-05 school year.
This bill distributes a portion of general school aid from the transportation
fund.
Currently, school district professional employees are required to be placed in a
collective bargaining unit that is separate from the units of other school district
employees. This bill eliminates this requirement.
This bill reduces the number of vocational education consultants that DPI must
to employ from 11 to 5.5.
Under current law, DPI pays each school district, each county children with
disabilities education board (CCDEB), and each technical college district $100 for
each pupil who completes a DPI-approved course in driver education. This bill
provides that, if the amount appropriated is more than enough to provide $100 per
pupil, DPI must distribute the balance to eligible school districts, CCDEBs, and
technical college districts on a prorated basis.
This bill pays a portion of state aid to public library systems from the universal
service fund.
Higher education
Current law prohibits the Board of Regents (board) of the UW System from
increasing resident undergraduate tuition beyond an amount sufficient to fund
certain specified functions.
This bill prohibits the board from increasing resident undergraduate tuition for
a student enrolled at UW-Madison or UW-Milwaukee by more than $350 a semester
in the 2003-04 and the 2004-05 academic years and for a student enrolled at any
other UW System institution by more than $250 a semester in the 2003-04 and the
2004-05 academic years. For example, if tuition for resident undergraduates at the
UW-Madison in the 2002-03 academic year is $2,000 per semester, tuition in the
2003-04 academic year may not exceed $2,350 per semester.
Generally, current law allows a UW System student who has been a bona fide
Wisconsin resident for the 12 months preceding the beginning of a semester or
session for which the student registers to pay resident, as opposed to nonresident,
tuition.
This bill allows an alien who is not a legal permanent resident of the United
States to pay resident, as opposed to nonresident, tuition if: 1) he or she graduated
from a Wisconsin high school or received a high school graduation equivalency from
Wisconsin; 2) was continuously present in Wisconsin for at least one year following
the first day of attending a Wisconsin high school; and 3) enrolls in a UW System
institution and provides the institution with an affidavit stating that he or she has
filed or will file an application for permanent residency with the Immigration and
Naturalization Service as soon as the person is eligible to do so.
Under current law, the board awards grants, known as Lawton grants, to
minority undergraduates enrolled in the UW System and awards grants to minority
and disadvantaged graduate students enrolled in the UW System, and the Higher
Educational Aids Board (HEAB) awards grants to undergraduates enrolled in
nonprofit public institutions of higher education or tribally controlled colleges in this
state. This bill supplements funding for these grant programs from moneys received
by the UW System for auxiliary enterprises.
Current law directs the Wisconsin Technical College System (WTCS) Board to
award grants to district boards to develop or expand programs in occupational areas
in which there is a high demand for workers and to add sections in courses in which
student demand exceeds capacity. This bill eliminates both of these programs.
This bill authorizes the WTCS Board to award grants to district boards to
expand health care education programs.
Other educational and cultural agencies
Under current law, the Technology for Educational Achievement in Wisconsin
(TEACH) Board, which is attached to DOA for administrative purposes, administers
certain educational technology programs, including programs under which the
TEACH Board awards educational technology block grants to school districts and
juvenile secured correctional facilities; awards educational technology training and
technical assistance grants to cooperative educational service agencies (CESAs) and
to consortia of school districts, charter school sponsors, juvenile secured correctional
facilities, public library boards, and CESAs; provides educational technology
infrastructure financial assistance to school districts, charter school sponsors, and
public library boards; and provides subsidized telecommunications access (an
Internet data line or a video link) to various educational agencies.
This bill eliminates the TEACH Board and the position of executive director of
the TEACH Board and transfers the TEACH Board's duties to DPI. The bill also
eliminates educational technology block grants, educational technology training and
technical assistance grants, and educational technology infrastructure financial
assistance, other than forgiveness of loans previously provided. In addition, the bill
permits a public museum located in this state that is accredited by the American
Association of Museums or an educational center that is affiliated with such a
museum to receive a subsidy for telecommunications access. The bill eliminates an
annual grant of $175,000 to the Racine Unified School District for training teachers
and pupils in computers.
Under current law, the Higher Educational Aids Board (HEAB) administers
various student financial aid programs for state residents attending institutions of
higher education, including Wisconsin higher education grants, talent incentive
grants, tuition grants, handicapped student grants, Indian student assistance
grants, minority undergraduate retention grants, teacher education loans, minority
teacher loans, health education loans, nursing student loans, and academic
excellence scholarships. HEAB also administers contracts with the Medical College
of Wisconsin and the Marquette University School of Dentistry under which a per
capita amount is paid to those institutions for each state resident enrolled at those
institutions and a tuition reciprocity agreement with the state of Minnesota. This
bill, effective on July 1, 2004, eliminates HEAB and the executive secretary and
deputy executive secretary positions in HEAB and transfers the duties of HEAB to
the Board of Regents of the UW System. The bill also eliminates a cap of $1,800 for
an academic year on the amount of a Wisconsin higher education grant.
Under current law, HEAB must disburse $11,670 in each fiscal year for each
Wisconsin resident who is enrolled as a full-time doctor of dental surgery (D.D.S.)
student at the Marquette University School of Dentistry. Current law caps the
number of Wisconsin residents who may be so funded at 160. Current law also caps
the tuition that the Marquette University School of Dentistry may assess a
Wisconsin resident at an amount that is no more than the difference between $11,670
and the tuition assessed a nonresident.
This bill eliminates the amount that must be disbursed for each Wisconsin
resident who is enrolled as a full-time D.D.S. student at the Marquette University
School of Dentistry, the cap on the number of Wisconsin residents who may be so
funded, and the cap on the tuition that the Marquette University School of Dentistry
may assess a Wisconsin resident.
Current law appropriates to the Medical College of Wisconsin (Medical
College), general purpose revenues for medical education, training, and research.
From that appropriation, $10,091 must be disbursed in each fiscal year for each
Wisconsin resident who is paying full tuition in pursuit of a doctor of medicine (M.D.)
degree from the Medical College, except that, if the amount appropriated is
insufficient to pay $10,091 per student, the payments must be disbursed on a
prorated basis for each eligible student. Current law caps the number of Wisconsin
residents who may be so funded. Current law also caps the tuition that the Medical
College may assess a Wisconsin resident at an amount that is no more than the
difference between $10,091 and the tuition assessed a nonresident.
This bill eliminates the amount that must be disbursed for each Wisconsin
resident who is paying full tuition in pursuit of an M.D. degree from the Medical
College, the cap on the number of Wisconsin residents who may be so funded, and the
cap on the tuition that the Medical College may assess a Wisconsin resident.
Employment
Under the Municipal Employment Relations Act (MERA), if a dispute relating
to a proposed collective bargaining agreement has not been settled after a reasonable
period of negotiation and after mediation by the Wisconsin Employment Relations
Commission (WERC), either party, or the parties jointly, may petition WERC to
initiate compulsory, final, and binding arbitration with respect to any dispute
relating to wages, hours, and conditions of employment. If WERC determines that
an impasse exists and that arbitration is required, WERC must submit to the parties
a list of seven arbitrators, from which the parties alternately strike names until one
arbitrator is left. As an alternative to a single arbitrator, an arbitration panel may
be formed that consists of one person selected by each party and one person selected
by WERC, or a single arbitrator may be randomly selected from a list of seven names
submitted by WERC. Under current law, an arbitrator or arbitration panel must
adopt the final offer of one of the parties on all disputed issues, which is then
incorporated into the collective bargaining agreement.
This process, however, does not apply to a dispute over economic issues
involving a collective bargaining unit consisting of school district professional
employees if WERC determines that the employer has submitted a qualified
economic offer (QEO). Under current law, a QEO consists of a proposal to maintain
the employees' existing fringe benefits, and the employer's contribution thereto, and
to provide for an annual average salary increase having a cost to the employer at
least equal to 2.1% of the existing total compensation and fringe benefit costs for the
employees in the collective bargaining unit plus certain fringe benefit savings.
Currently, in school districts, MERA requires that the parties engage in good
faith bargaining on all matters related to wages, hours, and conditions of
employment. This bill requires the employer to bargain collectively with respect to
education policy, but also provides that no dispute relating to an education policy
issue is subject to interest arbitration unless all parties to the dispute agree to make
such an issue subject to interest arbitration. If the employer, however, makes a
proposal that provides that employee compensation or performance expectations are
linked with pupil academic performance, the labor organization may include in its
single final offer for purposes of interest arbitration any proposal to meet the
performance expectations, including a proposal affecting education policy.
Under MERA, in reaching a decision, the arbitrator or arbitration panel must
give weight to many factors, including the lawful authority of the municipal
employer, the stipulations of the parties, the interest and welfare of the public, and
the financial ability of the unit of government to meet the costs of the proposed
agreement, comparison of wages, hours, and conditions of employment with those of
other public and private sector employees, the cost of living, the overall
compensation and benefits that the employees currently receive, and other similar
factors. But, under current law, the arbitrator must give greater weight to economic
conditions in the jurisdiction of the employer and the greatest weight to any state law
or directive that places expenditure or revenue limitations on an employer.
This bill eliminates the authorization for the arbitrator or arbitration panel to
give any weight to economic conditions in the jurisdiction of the employer or to any
state law or directive that places expenditure or revenue limitations on an employer
and, instead, requires that the arbitrator or arbitration panel simply considers these
as factors. In addition, with respect to a school district, the bill provides that the
arbitrator or arbitration panel must use as a factor a determination as to which
party's proposal best provides for a fundamental right to an equal opportunity for a
sound basic education under article X, section 3, of the Wisconsin Constitution.
Under current law, a person alleging discrimination in employment may file a
complaint with DWD seeking such action as will effectuate the purpose of the law
prohibiting employment discrimination (Fair Employment Law), including the
payment of back pay, reinstatement of the employee, and the payment of
compensation in lieu of reinstatement, but may not bring a civil action in circuit court
seeking that action. This bill permits a person alleging discrimination in
employment to bring a civil action in circuit court seeking such action as will
effectuate the purpose of the Fair Employment Law.
Under current law, an employee who believes that his or her employer has
violated the Family and Medical Leave Law may file a complaint with DWD seeking
action to remedy the violation, including an order requiring the employer to provide
the requested leave, to reinstate the employee, to provide back pay, and to pay
reasonable actual attorney fees. Current law also permits an employee to bring an
action in circuit court to recover damages caused by a violation of the Family and
Medical Leave Law, but only after completion of an administrative proceeding
concerning the violation. This bill eliminates the requirement that an
administrative proceeding first be completed before an employee may bring an action
in circuit court for a violation of the Family and Medical Leave Law.
Under current law, when DWD receives a complaint alleging discrimination in
employment, housing, or the equal enjoyment of a public place of accommodation or
a complaint alleging a violation of the Family and Medical Leave Law, DWD must
investigate the complaint to determine whether there is probable cause to believe
that the discrimination or violation occurred. Under current DWD rules, if DWD
finds that there is no probable cause to believe that the discrimination or violation
occurred, the complainant may request a hearing on the issue by a hearing examiner.
This bill eliminates the right to a hearing on the issue of probable cause and instead
provides for a review by a hearing examiner based solely of DWD's record of the
complaint.
Under current law, the Wisconsin Conservation Corps (WCC) employs young
adults to work on conservation and human services activities. The WCC Program
is administered by the WCC Board, which may delegate its administrative
responsibilities to the executive secretary of the board. This bill eliminates the WCC,
the WCC Board, and the position of executive secretary of the WCC Board and,
instead, requires DWD to award grants to community-based nonprofit
organizations for youth employment projects that provide employment for youths 14
years of age or over, but less than 22 years of age; that encourage and develop
employment and life skills, discipline, and cooperation in project participants by
providing meaningful work experiences and training and educational opportunities
for those participants; that pay not less than the minimum wage; and that either
conserve, develop, enhance, or maintain the natural resources of this state or
promote the social well-being of children, the elderly, persons with disabilities, and
persons with low incomes, or both.
Under current law, the Governor's Work-Based Learning Board (GWBLB) is
required to plan, coordinate, administer, and implement certain youth
apprenticeship, school-to-work, and work-based learning programs and other
employment and education programs that the governor may, by executive order,
assign to the GWBLB. This bill eliminates the GWBLB and transfers administration
of the employment and education programs currently administered by the GWBLB
to DWD. The bill also creates the Governor's Work-Based Learning Council and
directs the council to oversee the planning, coordination, administration, and
implementation by DWD of those programs.
Under current law, the Wisconsin Service Corps employs young adults to work
on community service activities that address the social, health, and economic needs
of communities within Milwaukee County. This bill eliminates the Wisconsin
Service Corps.
Current law requires DWD to provide a Trade Masters Pilot Program to
recognize advanced training and postapprenticeship achievements in three trades,
crafts, or businesses, one of which must be in the industrial sector, one in the
construction sector, and one in the service sector of the economy. This bill eliminates
the program.
Current law requires DWD to administer an Employment Transit Assistance
Program under which DWD conducts projects, or awards grants to local public bodies
and mass transit systems to conduct projects, to improve access to jobs that are
located in outlying suburban and sparsely populated and developed areas that are
not adequately served by a mass transit system. This bill eliminates certain
requirements that currently apply to the program, including requirements that all
jobs accessed by the program must pay at least $4 per hour, that fares charged under
the program may not exceed $2 per one-way trip, and that employers of employees
participating in the program must pay at least 50% of the cost per one-way trip for
those employees.
Environment
Water quality
Under the Clean Water Fund Program, Wisconsin makes loans at subsidized
interest rates for projects to control water pollution, including sewage treatment
plants. This bill sets the present value of the Clean Water Fund Program subsidies
that may be provided during the 2003-05 biennium at $92,400,000. The bill also
increases the revenue bonding authority for the Clean Water Fund Program by
$259,670,000.
Under the Safe Drinking Water Loan Program, Wisconsin makes loans at
subsidized interest rates to local governmental units for projects to construct or
modify public water systems. This bill sets the present value of the Safe Drinking
Water Loan Program subsidies that may be provided during the 2003-05 biennium
at $12,800,000.
Under current law, DNR provides financial assistance for measures to reduce
water pollution from nonpoint (diffuse) sources. This bill increases the general
obligation bonding authority for nonpoint source financial assistance by $9,546,800.
Under current law, DNR also provides financial assistance for the management
of urban storm water runoff and for flood control projects. This bill increases the
general obligation bonding authority for these programs by $4,700,000.
Hazardous substances and environmental cleanup
Under the Brownfields Grant Program, the Department of Commerce awards
grants for the redevelopment of brownfields and remediation activities associated
with that redevelopment. Brownfields are abandoned, idle, or underused industrial
or commercial facilities or sites the expansion or redevelopment of which is adversely
affected by actual or perceived environmental contamination. Also under current
law, DNR awards grants to local governmental units for investigating environmental
contamination; to municipalities for conducting cleanups of brownfields; and to local
governmental units for brownfields remediation projects that have long-term public
benefits, including the preservation of green space.
This bill eliminates the Brownfields Grant Program administered by the
Department of Commerce and the grant programs related to brownfields
administered by DNR. The bill establishes a new Brownfields Grant Program, under
which DNR awards grants to local governmental units and private entities to
determine the existence and extent of environmental contamination in brownfields
and to remove or contain environmental contamination and restore the environment
at brownfields.
Under current law, the Department of Commerce administers a program
(commonly called PECFA) to reimburse owners of petroleum product storage tanks
for a portion of the costs of cleaning up discharges from those tanks. This bill
increases the revenue bonding authority for PECFA by $115,000,000.
Under the Land Recycling Loan Program, Wisconsin makes loans to political
subdivisions for projects to remedy environmental contamination at sites owned by
the political subdivisions where the environmental contamination has affected, or
threatens to affect, groundwater or surface water. The loans are subsidized, so that
recipients are not required to pay interest. This bill sets the present value of the
Land Recycling Loan Program subsidies that may be provided during the 2003-05
biennium at $12,000,000.
Current law authorizes DNR to conduct or fund activities to remedy
environmental contamination in some situations. This bill increases the authorized
general obligation bonding authority to finance those activities by $6,000,000.
Other environment
Current law authorizes DNR to establish fees for inspecting nonresidential
asbestos demolition and renovation projects that DNR regulates. The fees may not
exceed $210 per project. This bill increases the maximum fees to $450 or $750,
depending on the size of the project. The bill also authorizes DNR to charge
separately for the costs it incurs for laboratory testing for these projects.
Under current law, the Waste Facility Siting Board (WFSB) oversees
negotiations and arbitration between local governments and persons who want to
establish or expand landfills. This bill eliminates the authority of WFSB to appoint
an executive director. The bill requires the Division of Hearings and Appeals,
attached to DOA for administrative purposes, to provide staff to assist WFSB in
performing its duties.
Gambling
Currently, the administrator of the Lottery Division of DOR may determine
whether lottery functions should be performed by DOR or by persons under contract
with DOA. Current law, however, prohibits contracting out the entire management
and operations of the state lottery and specifically prohibits contracting out financial
auditing and security monitoring services. This bill authorizes the administrator to
determine whether any lottery functions, other than procurement and financial
auditing services, should be performed by persons under contract with DOA.
The bill also creates a process whereby the governor, upon the request of DOR,
may create positions funded from lottery revenues in DOR to perform services
relating to the state lottery that are not performed by one or more persons under
contract with DOA.
Current law regulating procurement for the state lottery requires separate bids
to provide instant lottery ticket services and supplies and on-line services and
supplies for the state lottery. This bill eliminates the requirement of separate bids.
Currently, all revenue received by the state under Indian Gaming compacts
funds gaming law enforcement, the Indian gaming operations of the Division of
Gaming in DOA, and a variety of specified programs.
This bill requires that only the first $24,352,500 received in any fiscal year
under these compacts be used for these programs. Receipts that exceed this amount
are available for other purposes under the bill, except that not more than
$112,000,000 may be made available during the 2003-04 fiscal year and not more
than $125,000,000 may be made available during any fiscal year thereafter.
Health and human services
Public assistance
Under administrative rules promulgated by DHFS, persons with family
incomes at or above 300% of the federal poverty line must contribute a certain
percentage of their family incomes for the cost of their medical treatment before
assistance will be provided under the Chronic Disease Aids Program, which provides
financial assistance for the cost of medical care for the treatment of chronic kidney
disease, cystic fibrosis, and hemophilia to persons with those conditions. This bill
increases by 0.25% the percentage of family income that a family must contribute
under the rules. In addition, the bill requires DHFS to promulgate rules requiring
persons with family incomes at or above 200% of the federal poverty line to contribute
a certain percentage of their family incomes for the cost of their medical treatment
before assistance will be provided under the program.
The administrative rules currently require a person receiving benefits under
the program to pay a $5 copayment for a generic prescription drug and a $10
copayment for a brand name prescription drug for which a pharmacy directly bills
the program. The bill changes the copayment amount for a brand name prescription
drug to $15.
The bill makes three additional changes to the Chronic Disease Aids Program.
The bill authorizes DHFS to use managed care methods of cost containment;
eliminates the requirement that the rates paid by DHFS for services provided for the
treatment of chronic kidney disease be equal to the allowable charges under the
federal Medicare program and prohibits a provider from billing a patient for any
difference between the amount that the state pays and the provider's charge for the
service; and provides that a person may not receive benefits under the program
unless, before applying, the person applies for benefits under other health care
coverage programs for which he or she reasonably may be eligible.
