2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
This bill requires DHFS to levy, enforce, and collect an assessment on health maintenance organizations (HMOs) that contract with DHFS to provide health care to recipients of Medical Assistance (MA) or Badger Care. The assessment is 6 percent of each HMO's annual gross revenues, based on statements that each HMO must file with OCI annually by March 1. Under the bill, the first assessment is due on March 31, 2006. The assessments must be deposited into the MA trust fund. In addition, the bill requires DHFS to distribute, from the MA trust fund, moneys in each fiscal year to supplement MA payments to HMOs that provide services to MA recipients and Badger Care payments to HMOs that provide services to Badger Care recipients, to assist in meeting increasing costs, more intense use of services by MA and Badger Care recipients, and other reimbursement needs that DHFS identifies. DHFS must establish procedures and requirements for levying the assessment.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 25.77 (4) of the statutes is created to read:
25.77 (4) All moneys received under s. 49.45 (2) (a) 26. from assessments on health maintenance organizations.
SECTION 2. 49.45 (2) (a) 26. of the statutes is created to read:
49.45 (2) (a) 26. a. Impose on each health maintenance organization, as defined in s. 609.01 (2), with a contract under sub. (2) (b) 2. to provide health care to recipients of Medical Assistance or Badger Care, for the privilege of doing business in this state, an annual assessment of 6 percent of the health maintenance organization's gross revenues for the current calendar year. The assessment shall be deposited into the Medical Assistance trust fund. Each health maintenance organization subject to this subdivision shall file with the office of the commissioner of insurance annually, by March 1, a statement of the gross revenues for the health maintenance organization for the immediately preceding calendar year. If a health maintenance organization fails to file such a report by March 1, the department may withhold payment under this section until the report is filed. The department shall determine the amount of each health maintenance organization's assessment, based on the statement that the health maintenance organization files with the office of the commissioner of insurance. Each health maintenance organization shall pay one-fourth of the total assessment quarterly. For 2007 and every year thereafter, on March 31 payment is due based on estimated gross revenues for the health maintenance organization for the period January 1 to March 31 of that year, and the department may adjust the payment amount to ensure that payments made for the previous calendar year equaled an assessment of 6 percent of the health maintenance organization's actual gross revenues for the immediately preceding calendar year; on June 30 payment is due based on actual gross revenues for the health maintenance organization for the period January 1 to March 31 of that year; on September 30 payment is due based on actual gross revenues for the health maintenance organization for the period April 1 to June 30 of that year; and on December 31 payment is due based on actual gross revenues for the health maintenance organization for the period July 1 to September 30 of that year.
b. Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to (7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this subdivision, except that the amount of any assessment collected under subd. 26. a. shall be deposited into the Medical Assistance trust fund.
c. The department shall levy, enforce, and collect the assessment under this subdivision and shall develop and distribute forms necessary for levying and collection.
d. The department shall establish procedures and requirements for levying the assessment under this subdivision.
e. An affected health maintenance organization may contest an action by the department of health and family services under this subdivision by submitting a written request for a hearing to the division of hearings and appeals in the department of administration within 30 days after the date of the action by the department of health and family services.
f. Any order or determination made by the division of hearing and appeals in the department of administration under a hearing as specified in subd. 26. e. is subject to judicial review as prescribed under ch. 227.
SECTION 9121. Nonstatutory provisions; health and family services.
(1) SCHEDULE OF ASSESSMENTS ON HEALTH MAINTENANCE ORGANIZATIONS WITH MEDICAL ASSISTANCE CONTRACTS. Notwithstanding the schedule for payment of assessments specified in section 49.45 (2) (a) 26. a. of the statutes, as created by this act, payments of assessments on a health maintenance organization with a contract to provide health care to Medical Assistance and Badger Care recipients in 2006 shall be made as follows:
(a) On March 31, 2006, payment based on the health maintenance organization's estimated gross revenues for the period of January 1, 2006, to March 31, 2006, is due.
(b) On June 30, 2006, payment based on the health maintenance organization's actual gross revenues for the period of January 1, 2006, to March 31, 2006, is due.
(c) On September 30, 2006, payment based on the health maintenance organization's actual gross revenues for the period of April 1, 2006, to June 30, 2006, is due.
(d) On December 31, 2006, payment based on the health maintenance organization's actual gross revenues for the period of July 1, 2006, to September 30, 2006, is due.
SECTION 9321. Initial applicability; health and family services.
(1) ASSESSMENTS ON HEALTH MAINTENANCE ORGANIZATIONS. The treatment of section 49.45 (2) (a) 26. of the statutes first applies to annual statements for 2006 that are due on March 1, 2007.
(End)
LRB-1115LRB-1115/2
GMM:jld&wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0296 - Foster care rates
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: foster care rates.
Analysis by the Legislative Reference Bureau
health and human services
Children
Current law specifies age-related basic maintenance rates that are paid to a foster parent for the care and maintenance of a child. Currently, those rates are $302 for a child under five years of age, $329 for a child 5 to 11 years of age, $375 for a child 12 to 14 years of age, and $391 for a child 15 years of age or over. This bill increases those rates, beginning on January 1, 2006, to $317 for a child under five years of age, $345 for a child 5 to 11 years of age, $394 for a child 12 to 14 years of age, and $411 for a child 15 years of age or over, and beginning on January 1, 2007, to $332 for a child under five years of age, $362 for a child 5 to 11 years of age, $413 for a child 12 to 14 years of age, and $430 for a child 15 years of age or over.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 48.62 (4) of the statutes is amended to read:
48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2000, the age-related rates are: $299 for children aged 4 and under; $326 for children aged 5 to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning on January 1, 2001, the age-related rates are: $302 for children aged 4 and under; $329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children aged 15 to 17 2006, the age-related rates are $317 for a child under 5 years of age; $345 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411 for a child 15 years of age or over. Beginning on January 1, 2007, the age- related rates are to $332 for a child under five years of age; $362 for a child 5 to 11 years of age; $423 for a child 12 to 14 years of age; and $430 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home, and initial clothing allowances according to rules promulgated by the department.
(End)
LRB-1118LRB-1118/P1
CMH:jld:jf
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0291 - Justice information system surcharge increase
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Courts and procedure
Circuit courts
Under current law, the clerk of circuit court must charge a justice information system surcharge from persons who must pay certain specified fees such as fees for the commencement of a civil action, for a third-party complaint, for an appeal from a municipal court or for review of an administrative decision, or for a garnishment, wage earner, small claims, or forfeiture action. Under current law the surcharge is $9, two-ninths of which is credited to a state program revenue appropriation for the development and operation of automated justice information systems and six-ninths of which is credited to a state program revenue appropriation for the operation of circuit court automated information systems.
This bill increases the surcharge to $12, five-twelfths of which is credited to the state program revenue appropriation for the development and operation of automated justice information systems and one-half of which is credited to the state program revenue appropriation for the operation of circuit court automated information systems.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.505 (1) (ja) of the statutes is amended to read:
20.505 (1) (ja) Justice information systems. The amounts in the schedule for the development and operation of automated justice information systems under s. 16.971 (9). Two-ninths Five-twelfths of the moneys received under s. 814.86 (1) shall be credited to this appropriation account.
SECTION 2. 20.680 (2) (j) of the statutes is amended to read:
20.680 (2) (j) Court information systems. All moneys received under ss. 814.61, 814.62, and 814.63 that are required to be credited to this appropriation account under those sections and six-ninths one-half of the moneys received under s. 814.86 (1) for the operation of circuit court automated information systems under s. 758.19 (4).
SECTION 3. 814.86 (1) of the statutes is amended to read:
814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 $12 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
(End)
LRB-1192LRB-1192/2
ARG:jld:jf
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0300 - Habitual traffic offenders
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: traffic violations for purposes of determining whether a person is a habitual traffic offender.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, DOT must revoke a person's motor vehicle operating privilege for five years upon receipt of a record of conviction that brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender. A person is a habitual traffic offender if the person, within a five-year period, has accumulated at least four convictions of specified offenses of a more serious nature or at least 12 convictions of moving violations of traffic regulations or of specified crimes related to the operation of a motor vehicle. For purposes of the habitual traffic offender law, the term "traffic regulation" means traffic-related provisions for which the penalty is a forfeiture (a civil offense), but the term "moving violation" is not defined. Two years after a habitual traffic offender's operating privilege is revoked, the person is eligible for an occupational license. A repeat habitual traffic offender is a person who has obtained an occupational license after having his or her operating privilege revoked as a habitual traffic offender and who is convicted of certain offenses, including moving violations of traffic regulations, within specified time periods after obtaining the occupational license.
This bill replaces the phrase "moving violations of ... traffic regulations" with the phrase "violations of ch. 346", and eliminates the reference to convictions of specified crimes related to the operation of a motor vehicle, in the definition of habitual traffic offender. Accordingly, a habitual traffic offender is a person who, within a five-year period, has accumulated at least four convictions of specified offenses of a more serious nature or at least 12 convictions of violations of law, punishable by either civil or criminal penalty, classified under the chapter of the statutes designated for rules of the road.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 351.02 (1) (b) of the statutes is amended to read:
351.02 (1) (b) Twelve or more convictions of moving violations of ch. 346, including violations under par. (a), of traffic regulations or of crimes in the operation of a motor vehicle which are required to be reported under s. 343.28 or 345.37 (5).
SECTION 2. 351.02 (1) (f) of the statutes is amended to read:
351.02 (1) (f) The department may, by rule, exempt specific moving violations of ch. 346 from being counted under par. (b) if the department determines that the violation is a petty offense, except that the department may not exempt any violation for which the department assigns demerit points under s. 343.32 (2) or rules promulgated thereunder.
SECTION 3. 351.02 (2) of the statutes is repealed.
SECTION 9348. Initial applicability; transportation.
(1) HABITUAL TRAFFIC OFFENDERS. The treatment of section 351.02 (1) (b) and (f) and (2) of the statutes first applies to violations for which reports of conviction are received by the department of transportation on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of revocation of operating privileges by the department of transportation or review by a court.
(End)
LRB-1212LRB-1212/1
MJL:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Percy, BB0301 - Additional money for Forward Wisconsin
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Economic development
This bill makes Forward Wisconsin, Inc., ineligible to spend $1,000,000 of appropriated money in the 2006-07 fiscal year unless DOA certifies that it has raised $2,000,000 in private donations.
