Amendment SA1-SSA1-SB40

SB40-SSA1-SA1,235,8 509. Page 1268, line 4: after that line insert:

SB40-SSA1-SA1,235,10 " Section 2911b. 166.215 (1) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1-SA1,235,24 166.215 (1) Beginning July 1, 2001, the division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the highest standards for a hazardous materials responder in 29 CFR 1910.120 (q) (6) (iv) and National Fire Protection Association standards NFPA 471 and 472. Regional emergency response teams shall have at least one member that is trained in each of the appropriate specialty areas under National Fire Protection Association standard NFPA 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (u) (dd).".

SB40-SSA1-SA1,236,1 510. Page 1268, line 17: after that line insert:

SB40-SSA1-SA1,236,3 " Section 2912b. 166.215 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1-SA1,236,15 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (x) (dr). Reimbursement is available under s. 20.465 (3) (x) (dr) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.".

SB40-SSA1-SA1,236,16 511. Page 1269, line 5: after that line insert:

SB40-SSA1-SA1,236,18 " Section 2913b. 166.22 (3m) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1-SA1,237,6 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (x) (dr). Reimbursement is available under s. 20.465 (3) (x) (dr) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.".

SB40-SSA1-SA1,237,7 512. Page 1271, line 5: delete lines 5 to 8.

SB40-SSA1-SA1,237,8 513. Page 1274, line 9: after that line insert:

SB40-SSA1-SA1,237,9 " Section 2922u. 185.81 of the statutes is amended to read:

SB40-SSA1-SA1,237,17 185.81 Admission of foreign cooperatives. A foreign cooperative is entitled to all rights, exemptions and privileges of a cooperative organized under this chapter, if it is authorized to do business in this state under ch. 180. Such foreign cooperative may qualify under ch. 180 whether or not formed for profit and whether or not formed with stock. Any such foreign cooperative claiming to be subject to s. 71.26 (1) (a) or 71.45 (1) (a) may be required to furnish the department of revenue with such facts as said department shall deem necessary to establish the foreign cooperative's rights thereunder.".

SB40-SSA1-SA1,237,19 514. Page 1276, line 22: delete the material beginning with that line and ending with page 1277, line 7.

SB40-SSA1-SA1,237,20 515. Page 1278, line 11: after that line insert:

SB40-SSA1-SA1,237,21 " Section 2929v. 196.218 (5) (a) 6. of the statutes is amended to read:

SB40-SSA1-SA1,237,24 196.218 (5) (a) 6. To pay the department of administration for telecommunications services provided under s. 16.972 (1) to the campuses of the University of Wisconsin System at River Falls, Stout, Superior and Whitewater.".

SB40-SSA1-SA1,238,1 516. Page 1279, line 13: delete lines 13 to 20.

SB40-SSA1-SA1,238,2 517. Page 1299, line 20: after that line insert:

SB40-SSA1-SA1,238,3 " Section 2997b. 227.01 (13) (zx) of the statutes is created to read:

SB40-SSA1-SA1,238,6 227.01 (13) (zx) Determines a fee under s. 440.03 (9) for an initial credential for which no examination is required, for a reciprocal credential, or for a credential renewal.".

SB40-SSA1-SA1,238,7 518. Page 1309, line 21: after that line insert:

SB40-SSA1-SA1,238,8 " Section 3003. 230.01 (3) of the statutes is amended to read:

SB40-SSA1-SA1,238,10 230.01 (3) Nothing in this chapter shall be construed to either infringe upon or supersede the rights guaranteed state employees under subch. V or VI of ch. 111.".

SB40-SSA1-SA1,238,11 519. Page 1310, line 4: before "or 279" insert "260,".

SB40-SSA1-SA1,238,12 520. Page 1310, line 7: after that line insert:

SB40-SSA1-SA1,238,13 " Section 3005. 230.046 (10) (a) of the statutes is amended to read:

SB40-SSA1-SA1,238,15 230.046 (10) (a) Conduct off-the-job employee development and training programs relating to functions under this chapter or subch. V or VI of ch. 111.".

SB40-SSA1-SA1,238,16 521. Page 1310, line 9: delete "14" and substitute " 15".

SB40-SSA1-SA1,238,17 522. Page 1310, line 18: after that line insert:

SB40-SSA1-SA1,238,18 " Section 3012. 230.08 (2) (pd) of the statutes is amended to read:

SB40-SSA1-SA1,238,20 230.08 (2) (pd) The chairperson of the parole earned release review commission.".

SB40-SSA1-SA1,238,21 523. Page 1311, line 4: after that line insert:

SB40-SSA1-SA1,238,22 " Section 3015. 230.12 (3) (e) 1. of the statutes is amended to read:

SB40-SSA1-SA1,239,24 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.".

SB40-SSA1-SA1,240,1 524. Page 1312, line 8: after that line insert:

SB40-SSA1-SA1,240,2 " Section 3019. 230.35 (2d) (e) of the statutes is amended to read:

SB40-SSA1-SA1,240,6 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB40-SSA1-SA1, s. 3020 Section 3020. 230.35 (3) (e) 6. of the statutes is amended to read:

SB40-SSA1-SA1,240,11 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

SB40-SSA1-SA1, s. 3021 Section 3021. 230.88 (2) (b) of the statutes is amended to read:

SB40-SSA1-SA1,240,21 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.".

SB40-SSA1-SA1,240,22 525. Page 1316, line 1: delete "$2,000,000" and substitute "$2,025,000".

SB40-SSA1-SA1,240,23 526. Page 1318, line 3: after that line insert:

SB40-SSA1-SA1,240,24 " Section 3033r. 250.15 (2) (c) of the statutes is amended to read:

SB40-SSA1-SA1,241,3 250.15 (2) (c) From the appropriation under s. 20.435 (5) (fh), the department shall award $25,000 $50,000 in each fiscal year as a grant to HealthNet of Janesville, Inc.".

SB40-SSA1-SA1,241,4 527. Page 1326, line 2: after that line insert:

SB40-SSA1-SA1,241,5 " Section 3066h. 254.715 of the statutes is created to read:

SB40-SSA1-SA1,241,9 254.715 Restaurants serving fish. (1) A restaurant or temporary restaurant may serve fish taken from the wild to the individual who caught the fish, or to his or her guests, without obtaining a permit under s. 29.541 (1) (b) if all of the following conditions are satisfied:

SB40-SSA1-SA1,241,10 (a) The fish are legally taken.

SB40-SSA1-SA1,241,13 (b) While the fish are at the restaurant and before the fish are prepared for eating, they are stored in a cooler, which may be a portable cooler, that does not contain any other food.

SB40-SSA1-SA1,241,15 (c) The area where the fish are prepared for eating is washed and sanitized before and after preparation of the fish.

SB40-SSA1-SA1,241,17 (d) All items used to prepare and serve the fish are washed in a dishwasher after such use.

SB40-SSA1-SA1,241,19 (2) A restaurant or temporary restaurant may make a pecuniary profit from preparing and serving fish as provided under sub. (1).".

SB40-SSA1-SA1,241,20 528. Page 1326, line 3: delete lines 3 to 19.

SB40-SSA1-SA1,241,21 529. Page 1327, line 2: after that line insert:

SB40-SSA1-SA1,241,22 " Section 3069b. Chapter 260 of the statutes is created to read:

SB40-SSA1-SA1,241,23 Chapter 260

SB40-SSA1-SA1,241,24 Healthy Wisconsin Plan

SB40-SSA1-SA1,242,1 260.01 Definitions. In this chapter, except as otherwise provided:

SB40-SSA1-SA1,242,2 (1) "Authority" means the Healthy Wisconsin Authority.

SB40-SSA1-SA1,242,3 (2) "Board" means the board of trustees of the authority.

SB40-SSA1-SA1,242,8 (3) "Health care network" means a provider-driven, coordinated group of health care providers comprised of primary care physicians, medical specialists, physician assistants, nurses, clinics, one or more hospitals, and other health care providers and facilities, including providers and facilities that specialize in mental health services and alcohol or other drug abuse treatment.

SB40-SSA1-SA1,242,12 (4) "Medical inflation" means changes in the consumer price index for all consumers, U.S. city average, for the medical care group, including medical care commodities and medical care services, as determined by the U.S. department of labor.

SB40-SSA1-SA1,242,13 (5) "Plan" means the Healthy Wisconsin Plan.

SB40-SSA1-SA1,242,22 (6) "Primary care provider" means a health care provider who is identified as the key professional responsible for coordinating all medical care for a given participant, including referral to a specialist. "Primary care provider" includes general practice physicians, family practitioners, internists, pediatricians, obstetricians and gynecologists, advanced practice nurses, certified nurse midwives, and physician assistants. "Primary care provider" may also include a specialist who is treating a person with a chronic medical condition or special health care needs for which regular treatment by a specialist is medically necessary or a specialist who is treating a disabled person.

SB40-SSA1-SA1,243,7 260.05 Creation and organization of authority. (1) Creation and membership of board. There is created a public body corporate and politic to be known as the "Healthy Wisconsin Authority." The nonvoting members of the board shall consist of the secretary of employee trust funds and 4 representatives from the advisory committee under s. 260.49 who are health care personnel and administrators, selected by the advisory committee. The secretary of employee trust funds shall serve as the initial chairperson of the board until such time as the board elects a chairperson from its voting membership. The board shall also consist of the following voting members, nominated by the governor and with the advice and consent of the senate appointed, for staggered 6-year terms:

SB40-SSA1-SA1,243,9 (a) Four members selected from a list of names submitted by statewide labor or union coalitions. One of these members shall be a public employee.

SB40-SSA1-SA1,243,12 (b) Four members selected from a list of names submitted by statewide business and employer organizations. One of these members shall be a public employer.

SB40-SSA1-SA1,243,14 (c) One member selected from a list of names submitted by statewide public school teacher labor organizations.

SB40-SSA1-SA1,243,16 (d) One member selected from a list of names submitted by statewide small business organizations.

SB40-SSA1-SA1,243,18 (e) Two members who are farmers, selected from a list of names submitted by statewide general farm organizations.

SB40-SSA1-SA1,243,19 (f) One member who is a self-employed person.

SB40-SSA1-SA1,243,21 (g) Three members selected from a list of names submitted by statewide health care consumer organizations.

SB40-SSA1-SA1,243,23 (2) Terms of office; vacancies; quorum; business. (a) The terms of all members of the board shall expire on July 1.

SB40-SSA1-SA1,244,5 (b) Each member of the board shall hold office until a successor is appointed and qualified unless the member vacates or is removed from his or her office. A member who serves as a result of holding another office or position vacates his or her office as a member when he or she vacates the other office or position. A member who ceases to qualify for office vacates his or her office. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

SB40-SSA1-SA1,244,10 (c) A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the members present. Meetings of the members of the board may be held anywhere within or without the state.

SB40-SSA1-SA1,244,14 (3) Board member responsibility as trustee. Each member of the board shall be responsible for taking care that the highest level of independence and judgment is exercised at all times in administering the plan and overseeing the individuals and organizations selected to implement the plan.

SB40-SSA1-SA1,244,15 (4) Duties. The board shall:

SB40-SSA1-SA1,244,19 (a) Establish and administer a health care system in this state that ensures that all eligible persons have access to high quality, timely, and affordable health care. In establishing and administering the health care system, except as otherwise provided by law, the board shall seek to attain all of the following goals:

SB40-SSA1-SA1,244,21 1. Every resident of this state shall have access to affordable, comprehensive health care services.

SB40-SSA1-SA1,244,23 2. Health care reform shall maintain and improve choice of health care providers and high quality health care services in this state.

SB40-SSA1-SA1,244,25 3. Health care reform shall implement cost containment strategies that retain and assure affordable coverage for all residents of this state.

SB40-SSA1-SA1,245,1 (b) Establish, fund, and manage the plan as provided in this chapter.

SB40-SSA1-SA1,245,5 (c) Appoint an executive director, who shall serve at the pleasure of the board. The board may delegate to one or more of its members or its executive director any powers and duties the board considers proper. The executive director shall receive such compensation as may be determined by the board.

SB40-SSA1-SA1,245,9 (d) Provide for mechanisms to enroll every eligible resident in this state under the plan. Contracts entered into by the board with providers shall include provisions to enroll all eligible persons at the point of service, and outreach programs to assure every eligible person becomes enrolled in the plan.

SB40-SSA1-SA1,245,11 (e) Create a program for consumer protection and a process to resolve disputes with providers.

SB40-SSA1-SA1,245,15 (f) Establish an independent and binding appeals process for resolving disputes over eligibility and other determinations made by the board. Any person who is adversely affected by a board eligibility determination or any other determination is entitled to judicial review of the determination.

SB40-SSA1-SA1,245,17 (g) Submit an annual report on its activities to the governor and chief clerk of each house of the legislature, for distribution under s. 13.172 (2).