(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall be transferred to the department of children and families.
(e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any such contractual obligations unless modified or rescinded by the department of children and families to the extent allowed under the contract.
(f) Rules and orders. All rules promulgated by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.
(2) AGENCY NAME CHANGE.
(a) Wherever the term "health and family services" appears in the statutes, as affected by the acts of 2007, the term "health services" is substituted.
(b) Beginning on July 1, 2008, the department of health services has the powers and duties granted or assigned the department of health and family services by SECTIONS 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect. Beginning on July 1, 2008, the secretary of health services has the powers and duties granted or assigned the secretary of health and family services by SECTIONS 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect.
SECTION 9154. Nonstatutory provisions; Workforce Development.
(1) TRANSFER TO THE DEPARTMENT OF CHILDREN AND FAMILIES.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of workforce development that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.
(b) Employee transfers.
1. The classified positions, and incumbent employees holding positions, in the department of workforce development relating primarily to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, are transferred to the department of children and families.
2. The classified positions, and incumbent employees holding positions, in the department of workforce development relating primarily to general administration and program support that the secretary of administration determines should be transferred are transferred to the department of children and families. Upon determination of these employees, the secretary of workforce development shall, in conjunction with the secretary of health and family services, by October 1, 2007, and submit a plan to the secretary of administration requesting the transfer of moneys between the general purpose revenue appropriations for the departments of workforce development and health and family services and the department of children and families, between the program revenue appropriations for the departments of workforce development and health and family services and the department of children and families, between the program revenue-service appropriations for the departments of workforce development and health and family services and the department of children and families, between the appropriations of given segregated funds for the departments of workforce development and health and family services and the department of children and families, and between the federal revenue appropriations for the departments of workforce development and health and family services and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.
(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of workforce development immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of workforce development that is primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, shall be transferred to the department of children and families.
(e) Contracts. All contracts entered into by the department of workforce development in effect on the effective date of this paragraph that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any such contractual obligations unless modified or rescinded by the department of children and families to the extent allowed under the contract.
(f) Rules and orders. All rules promulgated by the department of workforce development that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of workforce development that are primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.
(g) Pending matters. Any matter pending with the department of workforce development on the effective date of this paragraph that is primarily related to the functions of the bureau of Wisconsin Works and child support and the child care section of the bureau of workforce programs, as determined by the secretary of administration, is transferred to the department of children and families and all materials submitted to or actions taken by the department of workforce development with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.
SECTION 9155. Nonstatutory provisions; Other.
(1m) INDIAN CHILD HIGH-COST OUT-OF-HOME CARE PLACEMENT FUNDING. Notwithstanding section 16.54 (12) (b) of the statutes, as affected by SECTION 40 of this act, and section 48.567 (1) and (2) of the statutes, as created by this act in fiscal year 2008-09 the department of children and families may expend not more than $500,000 in moneys received in fiscal year 2006-07 or 2007-08 and credited to the appropriation accounts under section 20.437 (3) (mm) or (mp) of the statutes, as created by this act, less any moneys expended under section 9121 (1m) of this act for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts. The department of children and families may expend moneys under this subsection only if that department determines in light of overall child welfare needs and after paying federal disallowances under section 20.437 (3) (mm) of the statutes, as created by this act, that there are sufficient moneys in the appropriation accounts under section 20.437 (3) (mm) and (mp) of the statutes, as created by this act, to expend for that purpose.
****NOTE: This is reconciled SECTION 9155 (1m). This SECTION has been affected by drafts with the following LRB numbers: -1221 and -1261.
SECTION 9455. Effective dates; Other.
(1) CREATION OF DEPARTMENT OF CHILDREN AND FAMILIES. The repeal of sections 13.83 (4) (a) 9., 20.435 (3) (fp), 20.435 (3) (m), 20.435 (3) (ma), 20.435 (3) (mb), 20.435 (3) (mc), 20.435 (3) (md), 20.435 (3) (n), 20.435 (3) (na), 20.435 (3) (nL), 46.03 (7) (c), 46.03 (7) (e), 46.03 (29), 46.16 (2), 46.16 (2m), 46.16 (2s), 46.515 (1) (a), 46.515 (1) (c), 46.766, 48.985 (5), 103.005 (17) and 103.005 (18) of the statutes, and the renumbering of sections 15.195 (4) (a), 15.195 (4) (b), 15.195 (4) (c), 15.195 (4) (d), 15.195 (4) (dg), 15.195 (4) (e), 15.195 (4) (em), 15.195 (4) (f), 15.195 (4) (fm), 15.195 (4) (g), 15.197 (24) (a) 1., 15.197 (24) (a) 2., 15.197 (24) (a) 3., 15.197 (24) (a) 4., 15.197 (24) (a) 5., 15.197 (24) (a) 6., 15.197 (24) (a) 7., 15.197 (24) (b), 15.197 (24) (c), 20.435 (3) (title), 20.435 (3) (cf), 20.435 (3) (cw), 20.435 (3) (cx), 20.435 (3) (da), 20.435 (3) (dd), 20.435 (3) (dg), 20.435 (3) (gx), 20.435 (3) (i), 20.435 (3) (jb), 20.435 (3) (jj), 20.435 (3) (jm), 20.435 (3) (kw), 20.435 (3) (kx), 20.435 (3) (mw), 20.435 (3) (mx), 20.435 (3) (pm), 20.445 (3) (title), 20.445 (3) (a), 20.445 (3) (b), 20.445 (3) (cm), 20.445 (3) (cr), 20.445 (3) (dz), 20.445 (3) (i), 20.445 (3) (ja), 20.445 (3) (jb), 20.445 (3) (jL), 20.445 (3) (k), 20.455 (3) (kb), 20.445 (3) (kp), 20.445 (3) (kx), 20.445 (3) (L), 20.445 (3) (ma), 20.445 (3) (me), 20.445 (3) (n), 20.445 (3) (na), 20.445 (3) (nL), 20.445 (3) (pz), 20.445 (3) (q), 20.445 (3) (qm), 20.445 (3) (s), 46.023, 46.03 (7) (cm), 46.03 (7) (d), 46.03 (7) (f), 46.03 (7) (h), 46.03 (39), 46.22 (1) (b) 1. f., 46.261 (title), 46.261 (1), 46.261 (2) (title), 46.261 (2) (a) (intro.), 46.261 (2) (b), 46.261 (3), 46.30 (title), 46.30 (1), 46.30 (2), 46.30 (3) (title), 46.30 (3) (a) (intro.), 46.30 (3) (a) 1., 46.30 (3) (a) 2., 46.30 (3) (a) 3., 46.30 (3) (a) 4., 46.30 (3) (a) 5., 46.30 (3) (a) 6., 46.30 (3) (a) 7., 46.30 (3) (b), 46.30 (4) (title), 46.30 (4) (b), 46.30 (4) (c), 46.30 (4) (d), 46.30 (5), 46.45 (2) (b), 46.481 (1) (title), 46.481 (1) (b), 46.481 (3), 46.51 (title), 46.51 (3), 46.51 (4), 46.51 (5), 46.515 (title), 46.515 (1) (intro.), 46.515 (1) (b) (intro.), 46.515 (1) (b) 1. (intro.), 46.515 (1) (b) 1. a., 46.515 (1) (b) 1. b., 46.515 (1) (b) 2., 46.515 (1) (cm), 46.515 (1) (d), 46.515 (1) (e), 46.515 (1) (f), 46.515 (1) (g), 46.515 (1) (h), 46.515 (1) (i), 46.515 (1) (j), 46.515 (3), 46.515 (4), 46.515 (6) (intro.), 46.515 (6) (a), 46.515 (6) (b), 46.515 (6) (c), 46.515 (6) (d) (title), 46.515 (6) (d) 1., 46.515 (6) (e), 46.515 (6g), 46.515 (6r), 46.515 (7), 46.515 (8), 46.75 (title), 46.75 (1), 46.75 (2) (title), 46.75 (2) (b), 46.75 (3), 46.76 (intro.), 46.76 (1), 46.76 (2), 46.95 (title), 46.95 (1), 46.95 (2) (title), 46.95 (2) (b), 46.95 (2) (c), 46.95 (2) (d), 46.95 (2) (e), 46.95 (2) (f) 1., 46.95 (2) (f) 5., 46.95 (2) (f) 6., 46.95 (2) (f) 7., 46.95 (2) (f) 8., 46.95 (2) (f) 9., 46.95 (2) (f) 10., 46.95 (2m), 46.95 (3), 46.95 (4), 46.99 (title), 46.99 (1), 46.99 (2) (title), 46.99 (2) (a) 1., 46.99 (2) (a) 2., 46.99 (2) (a) 3., 46.99 (2) (a) 4., 46.99 (2) (a) 5., 46.99 (2) (b), 46.99 (3), 46.995 (title), 46.995 (2), 46.995 (3), 46.995 (4m), 46.997 (title), 46.997 (1), 46.997 (2) (title), 46.997 (2) (c), 46.997 (2) (d), 46.997 (2) (e), 46.997 (3), 253.06 (title), 253.06 (1), 253.06 (3), 253.06 (3m), 253.06 (4), 253.06 (5) (title), 253.06 (5) (a), 253.06 (5) (b), 253.06 (5) (c), 253.06 (5) (d), 253.06 (5) (f), 253.06 (6), 253.06 (7) and 253.06 (8) of the statutes, the renumbering and amendment of sections 15.195 (4) (intro.), 15.195 (4) (dr), 15.197 (16), 15.197 (24) (a) (intro.), 15.197 (24) (d), 20.435 (1) (ac), 20.435 (1) (gr), 20.435 (3) (a), 20.435 (3) (bc), 20.435 (3) (cd), 20.435 (3) (eg), 20.435 (3) (f), 20.435 (3) (hh), 20.435 (3) (j), 20.435 (3) (kc), 20.435 (3) (kd), 20.435 (3) (ky), 20.435 (3) (kz), 20.435 (3) (me), 20.435 (3) (pd), 20.435 (5) (ab), 20.435 (5) (dn), 20.435 (5) (em), 20.445 (3) (mc), 20.445 (3) (md), 20.445 (3) (mm), 20.445 (3) (pv), 20.445 (3) (r), 46.014 (4), 46.03 (7g), 46.03 (7m), 46.037, 46.24, 46.247, 46.261 (2) (a) 1., 46.261 (2) (a) 2., 46.261 (2) (a) 3., 46.261 (2) (a) 4., 46.30 (3) (a) 8., 46.30 (4) (a), 46.40 (1) (b), 46.40 (1) (c), 46.40 (3), 46.40 (7m), 46.45 (2) (a), 46.45 (2) (am), 46.45 (2) (c), 46.46 (1m), 46.481 (intro.), 46.481 (1) (a), 46.51 (1), 46.515 (1) (b) 1. c., 46.515 (2), 46.515 (5), 46.515 (6) (d) 2., 46.515 (6m), 46.75 (2) (a), 46.77, 46.95 (2) (a), 46.95 (2) (f) (intro.), 46.99 (2) (a) (intro.), 46.995 (1m), 46.997 (2) (a), 46.997 (2) (b), 46.997 (4), 49.32 (11), 49.852 (1), 49.858 (1), 49.86, 253.06 (2) and 253.06 (5) (e) of the statutes, and the amendment of sections 6.47 (1) (ag), 7.08 (10), 13.101 (6) (a) (by SECTION 3), 13.63 (1) (am), 13.63 (1) (b), 13.64 (2), 13.64 (2m), 13.83 (3) (f) (intro.), 14.18, 15.155 (5), 16.54 (12) (b) (by SECTION 40), 16.54 (12) (d) (by SECTION 41), 16.75 (6) (bm), 16.957 (3) (a), 16.964 (12) (c) 10., 16.964 (12) (e) 1., 16.964 (14) (a), 19.55 (2) (b), 19.55 (2) (d), 20.001 (2) (e), 20.001 (5), 20.410 (3) (ko), 20.435 (7) (b), 20.435 (7) (bc), 20.435 (7) (o), 20.435 (8) (mb) (by SECTION 100), 20.435 (8) (mm) (by SECTION 101), 20.505 (4) (kp), 20.835 (2) (kf), 20.907 (5) (e) 6., 20.921 (2) (a), 20.923 (6) (bd), 20.9275 (2) (intro.), 25.68 (1), 25.68 (3), 29.024 (2g) (am), 29.024 (2g) (c), 29.024 (2g) (d) 1., 29.024 (2r) (am), 29.229 (5m) (a), 29.229 (5m) (b), 29.229 (5m) (c), 35.86 (1), 38.04 (21) (intro.), 45.20 (2) (d) 2. b., 45.33 (2) (b) 1. b., 45.42 (6) (b), 46.001, 46.011 (intro.), 46.016, 46.02, 46.03 (4) (b), 46.03 (7) (a), 46.03 (7) (bm), 46.03 (18) (a) (by SECTION 183), 46.03 (18) (am), 46.03 (20) (a), 46.03 (22) (title), 46.03 (22) (a), 46.03 (22) (b), 46.03 (22) (c), 46.03 (22) (d), 46.03 (22) (e), 46.031 (3) (a), 46.034 (1), 46.036 (1), 46.036 (4) (a), 46.036 (4) (c) (by SECTION 198), 46.043 (1), 46.10 (14) (b), 46.16 (1), 46.16 (3), 46.16 (7), 46.17 (1), 46.206 (1) (a), 46.206 (2), 46.21 (5) (b), 46.215 (1) (d), 46.215 (1) (j), 46.215 (1p), 46.215 (2) (a) 2., 46.215 (2) (b), 46.215 (2) (c) 2., 46.215 (3), 46.22 (1) (b) 1. b., 46.22 (1) (b) 2. (intro.), 46.22 (1) (b) 2. c., 46.22 (1) (b) 2. e., 46.22 (1) (b) 2. g., 46.22 (1) (b) 3. (intro.), 46.22 (1) (b) 3. d., 46.22 (1) (c) 8. f., 46.22 (1) (d), 46.22 (1) (dp), 46.22 (1) (e) 1., 46.22 (1) (e) 2., 46.22 (1) (e) 3. a., 46.22 (1) (e) 3. b., 46.22 (2g) (d), 46.22 (3m) (b) 12., 46.22 (3m) (b) 17. b., 46.23 (3) (a), 46.23 (3) (am) 4., 46.23 (3) (ed), 46.23 (5) (a) 1., 46.23 (5) (a) 2., 46.23 (5) (b), 46.23 (5) (c) 1., 46.23 (5) (c) 2., 46.23 (5) (n) 1., 46.23 (5) (n) 2., 46.23 (5m) (c), 46.23 (6) (a) (intro.), 46.23 (6) (a) 3., 46.28 (1) (f), 46.40 (1) (a), 46.40 (1) (d), 46.40 (2) (by SECTION 288), 46.45 (3) (a), 46.46 (1), 46.46 (2), 46.49 (title), 46.49 (1), 46.495 (1) (d), 48.02 (4), 48.06 (4), 48.275 (2) (d) 2., 48.30 (6) (b), 48.31 (7) (b), 48.33 (4m) (intro.), 48.33 (4m) (b), 48.357 (5m) (a), 48.36 (1) (a), 48.36 (1) (b), 48.36 (2), 48.361 (2) (c), 48.362 (4) (c), 48.363 (1) (c), 48.363 (2), subchapter XI (title) of chapter 48, 48.48 (12) (a), 48.48 (17) (c) (intro.), 48.48 (17) (c) 3., 48.48 (17) (d), 48.543 (1) (intro.), 48.543 (2), 48.547 (2), 48.55 (1), 48.561 (3) (a) 1., 48.561 (3) (b), 48.57 (1) (g), 48.57 (3) (a) 3. (intro.), 48.57 (3) (b), 48.57 (3m) (am) (intro.), 48.57 (3n) (am) (intro.), 48.57 (3p) (b) 1., 48.57 (3p) (b) 2., 48.57 (3p) (b) 3., 48.57 (3p) (c) 1., 48.57 (3p) (c) 2., 48.57 (3p) (c) 2m., 48.57 (3p) (c) 3., 48.57 (3p) (d), 48.57 (3p) (e) (intro.), 48.57 (3p) (fm) 1., 48.57 (3p) (fm) 1m., 48.57 (3p) (fm) 2., 48.57 (3p) (fm) 2m., 48.57 (3p) (g) (intro.), 48.57 (3p) (g) 3., 48.57 (3p) (h) 2., 48.57 (3p) (h) 3. (intro.), 48.57 (3p) (h) 4., 48.57 (3p) (i), 48.57 (3p) (j), 48.60 (3), 48.62 (5) (d), 48.627 (2) (c), 48.627 (2c), 48.627 (2m), 48.627 (2s) (intro.), 48.627 (3) (f), 48.627 (4), 48.64 (1), 48.651 (1) (intro.), 48.651 (1) (a), 48.651 (1) (b), 48.651 (2m), 48.658, 48.66 (1) (a), 48.66 (2m) (a) 1., 48.66 (2m) (a) 2., 48.66 (2m) (am) 2., 48.66 (2m) (b), 48.66 (2m) (c), 48.66 (2m) (cm), 48.675 (3) (intro.), 48.685 (2) (am) 5., 48.685 (2) (b) 1. e., 48.685 (5c) (a), 48.685 (8), 48.715 (6), 48.745 (5), 48.75 (1m), 48.78 (2) (h), 48.839 (1) (d), 48.839 (1) (e), 48.93 (1d), 48.98 (2) (d), 48.981 (7) (dm), 48.981 (8) (a), 48.981 (8) (d) 1., 48.982 (2) (g) (intro.), 48.985 (1), 48.985 (2), 48.985 (4), 48.989 (1) (a), 48.989 (1) (b), chapter 49 (title), 49.001 (9), subchapter III (title) of chapter 49, 49.11 (1), 49.11 (2), 49.138 (1m) (intro.), 49.143 (2) (b), 49.147 (6) (c), 49.147 (6) (cm) 1., 49.155 (1g) (b), 49.155 (1g) (c) (by SECTION 526), 49.155 (1g) (d), 49.1635 (1), 49.175 (1) (intro.), 49.175 (1) (ze) (title), 49.175 (1) (ze) 10m. (by SECTION 531), 49.175 (1) (zh) (by SECTION 532), 49.175 (2) (c), 49.177, 49.19 (1) (a) 2. b., 49.19 (10) (a), 49.19 (10) (d), 49.19 (11) (a) 1. a., 49.19 (11s) (d), 49.195 (3r), 49.197 (1m), 49.197 (4), 49.22 (6) (by SECTION 543), 49.22 (7), 49.24 (1) (by SECTION 545), 49.26 (1) (d), 49.275, 49.32 (1) (a), 49.32 (1) (b), 49.32 (1) (c), 49.32 (9) (a), 49.32 (12), 49.325 (1) (a), 49.325 (2), 49.325 (2g) (a), 49.325 (2g) (c), 49.325 (2r) (a) 1., 49.325 (2r) (a) 2., 49.325 (3) (a), 49.34 (1), 49.34 (2), 49.34 (4) (a), 49.34 (4) (c), 49.34 (5m) (a) 1., 49.34 (5m) (b) 1., 49.34 (5m) (b) 2., 49.35 (1) (a), 49.35 (1) (b), 49.35 (2), 49.36 (2) (by SECTION 578), 49.45 (6m) (br) 1. (by SECTION 579), 49.45 (40), 49.475 (6), 49.48 (1m), 49.48 (2), 49.48 (3), 49.775 (2) (bm), 49.78 (4), 49.78 (5), 49.78 (7), 49.81 (intro.), 49.82 (1), 49.83, 49.845 (1), 49.845 (2), 49.845 (3), 49.845 (4), 49.85 (1), 49.85 (2) (b), 49.85 (3) (b) (intro.), 49.85 (3) (b) 1., 49.85 (3) (b) 2., 49.85 (3) (b) 3., 49.85 (3) (b) 4., 49.85 (3) (b) 5., 49.85 (4) (b), 49.85 (5), 49.852 (2) (intro.), 49.852 (2) (c), 49.852 (3), 49.852 (4) (a), 49.852 (4) (b), 49.852 (4) (c), 49.852 (4) (d), 49.853 (1) (b), 49.854 (1) (a), 49.854 (11) (b), 49.855 (1), 49.855 (3), 49.855 (4) (a), 49.855 (4) (b), 49.855 (4m) (b), 49.855 (4m) (c), 49.855 (5), 49.856 (1) (b), 49.857 (1) (f), 49.857 (2) (a), 49.857 (2) (b) (intro.), 49.857 (2) (b) 2. (intro.), 49.857 (2) (b) 2. a., 49.857 (2) (b) 3. c., 49.857 (2) (b) 5., 49.857 (3) (a) (intro.), 49.857 (3) (a) 4., 49.857 (3) (ac) 1., 49.857 (3) (ac) 2., 49.857 (3) (ac) 3., 49.857 (3) (am) (intro.), 49.857 (3) (am) 4., 49.857 (3) (ar) 1., 49.857 (3) (ar) 2., 49.857 (3) (ar) 3., 49.857 (3) (b) (intro.), 49.857 (3) (bm), 49.857 (3) (c) (intro.), 49.857 (3) (d) 1., 49.857 (3) (d) 2., 49.857 (4), 49.858 (2) (intro.), 49.858 (3), 49.89 (2), 49.89 (6), 49.89 (7) (d) 2., 49.895 (3) (a), 49.90 (2), 49.90 (2g), 49.90 (4), 50.01 (1g) (b), 50.498 (1m), 51.032 (1m), 51.30 (4) (b) 27., 51.42 (3) (as) 1., 51.437 (4rm) (a), 59.22 (2) (c) 2., 59.40 (2) (p), 59.52 (4) (a) 18., 59.53 (3), 59.53 (5) (a) (by SECTION 674), 59.53 (5) (b), 59.69 (15) (intro.), 59.69 (15) (c), 59.69 (15) (d), 59.69 (15) (e), 59.69 (15) (f), 59.69 (15) (h), 60.63 (intro.), 60.63 (4), 60.63 (5), 60.63 (6), 60.63 (7), 60.63 (9), 62.23 (7) (i) (intro.), 62.23 (7) (i) 3., 62.23 (7) (i) 4., 62.23 (7) (i) 5., 62.23 (7) (i) 6., 62.23 (7) (i) 8., 66.1017 (1) (a), 69.14 (1) (cm), 69.15 (3) (b) 3., 69.20 (3) (f), 71.93 (1) (a) 2., 71.93 (1) (a) 4., 73.03 (50) (c), 73.03 (50m), 73.0301 (1) (d) 2., 73.0301 (1) (e), 73.0301 (2) (c) 1. am., 73.0301 (2) (c) 2., 77.61 (5) (b) 11., 85.24 (4) (b), 85.24 (4) (c), 93.135 (1m) (a), 93.135 (2), 93.135 (3), 101.02 (20) (e) 1., 101.02 (21) (b), 101.02 (21) (c), 101.02 (21) (d), 101.02 (21) (e) 1., 102.27 (2) (a), 115.315, 115.347 (1), 115.347 (2), 115.347 (3), 115.365 (2) (intro.), 115.368 (2) (intro.), 115.812 (1), 118.125 (2) (i), 118.19 (1r) (a), 118.19 (1r) (b), 118.19 (10) (g), 120.125 (4) (h), 120.13 (14), 134.43 (3m), 138.09 (1m) (b) 2. b., 138.09 (1m) (c) 1., 138.09 (3) (am) 3., 138.09 (4) (b), 138.12 (3) (d) 2. b., 138.12 (3) (e) 1., 138.12 (4) (b) 6., 138.12 (5) (am) 1. c., 138.12 (5) (am) 2., 146.40 (4d) (am), 146.51 (1m), 146.51 (2), 146.51 (3), 146.52 (1m), 165.85 (3) (cm), 165.85 (3m) (a), 165.85 (3m) (b) 1., 165.85 (3m) (b) 2., 169.34 (2), 169.34 (3) (a), 170.12 (3m) (a) 1m., 170.12 (3m) (b) 2., 170.12 (8) (b) 1. c., 170.12 (8) (b) 2., 177.265 (1) (intro.), 196.218 (5) (d) 2., 217.05 (1m) (b) 2., 217.05 (1m) (c) 1., 217.06 (6), 217.09 (1m), 218.0114 (20) (c), 218.0114 (21e) (a), 218.0114 (21e) (c), 218.0114 (21g) (b) 2., 218.0114 (21g) (c), 218.0116 (1g) (a), 218.0116 (1m) (a) 3., 218.0116 (1m) (b), 218.02 (2) (a) 2. b., 218.02 (2) (a) 3., 218.02 (3) (e), 218.02 (6) (b), 218.02 (9) (a) 2., 218.04 (3) (a) 2. b., 218.04 (3) (a) 3., 218.04 (4) (am) 3., 218.04 (5) (am), 218.05 (3) (am) 2. b., 218.05 (3) (am) 3., 218.05 (4) (c) 3., 218.05 (11) (c), 218.05 (12) (am), 218.11 (2) (am) 3., 218.11 (2) (am) 4., 218.11 (6m) (a), 218.12 (2) (am) 2., 218.12 (2) (am) 3., 218.12 (3m) (a), 218.21 (2f) (a), 218.21 (2m) (b), 218.22 (3m) (a), 218.31 (1f) (a), 218.31 (1m) (b), 218.32 (3m) (a), 218.41 (2) (am) 2., 218.41 (2) (am) 3., 218.41 (3m) (a), 218.51 (3) (am) 2., 218.51 (3) (am) 3., 218.51 (4m) (a), 224.40 (2), 224.40 (3) (b), 224.40 (3) (c), 224.72 (2) (c) 2. b., 224.72 (2) (d) 1., 224.72 (7m) (c), 224.77 (6), 224.927 (2), 224.95 (1) (c), 227.43 (1) (by), 227.43 (2) (d), 227.43 (3) (d), 227.43 (4) (d), 227.54, 230.08 (2) (e) 6., 230.08 (2) (tv), 230.13 (3) (a), 230.147 (1), 230.147 (2), 236.335, 250.041 (1m), 250.041 (2), 250.041 (3), 252.12 (2) (c) 1. (intro.), 252.241 (1m), 253.15 (2) (by SECTION 846), 253.15 (6) (by SECTION 847), 253.15 (7) (e) (by SECTION 848), 253.15 (8), 254.115 (1m), 291.15 (2) (d), 299.07 (1) (am) 1., 299.07 (1) (b) 2., 299.08 (1) (am) 1., 299.08 (1) (b) 1., 299.08 (2), 301.12 (14) (b), 301.12 (14) (g), 301.26 (4) (c), 301.37 (1), 301.45 (7) (a), 301.45 (9), 302.372 (2) (b), 341.51 (4) (an), 341.51 (4g) (b), 341.51 (4m) (a), 342.06 (1) (eg), 342.06 (1) (eh), 343.14 (2) (br) (by SECTION 870), 343.14 (2j) (by SECTION 871), 343.305 (6) (e) 2. am., 343.305 (6) (e) 3. b., 343.345, 343.50 (8) (b) (by SECTION 875), 343.61 (2) (a) 1m., 343.61 (2) (b), 343.62 (2) (am), 343.62 (2) (b), 343.66 (2), 349.19, 440.03 (11m) (am), 440.03 (11m) (c), 440.03 (12m), 440.13 (1) (b), 440.13 (2) (a), 440.13 (2) (b), 440.43 (5), 440.44 (10), 440.92 (6) (d), 551.32 (1) (bm) 2. b., 551.32 (1) (bs) 1., 551.34 (1m) (a) 3., 551.34 (1m) (b), 560.9806 (1) (a) 3., 562.05 (1e), 562.05 (5) (a) 9., 562.05 (8) (d), 562.05 (8m) (a), 562.06 (3), 563.28 (1), 563.28 (2), 565.30 (5) (by SECTION 903), 565.30 (5m) (a), 628.095 (4) (a), 628.095 (5), 628.097 (1m), 628.10 (2) (c), 632.68 (2) (b) 3m., 632.68 (2) (bc) 1., 632.68 (2) (bm) 1., 632.68 (2) (e), 632.68 (3) (b) 1., 632.68 (4) (b), 632.68 (4) (bc) 1., 632.68 (4) (bm) 1., 632.68 (4) (c), 632.68 (5) (b) 1., 632.897 (10) (am) 2., 633.14 (1) (e), 633.14 (2c) (a), 633.14 (2m) (a), 633.15 (1m), 633.15 (2) (c), 701.06 (5) (intro.), 751.15 (1), 751.15 (2), 751.15 (3), 767.001 (1d), 767.001 (2) (b), 767.205 (2) (a) 3., 767.205 (2) (a) 4., 767.217 (1), 767.407 (1) (c) 1., 767.41 (3) (a) (by SECTION 935), 767.451 (7) (by SECTION 936), 767.521 (intro.), 767.55 (3) (a) 2., 767.57 (1e) (a) (by SECTION 939), 767.57 (1e) (b) 1m., 767.57 (1m) (c), 767.57 (2), 767.57 (4), 767.59 (1c) (a) (intro.), 767.59 (1f) (b) 4., 767.59 (2) (c), 767.59 (2s), 767.87 (2m), 767.87 (6) (a), 769.201 (7), 769.31 (1), 809.105 (13), 813.12 (5) (b), 813.122 (6) (b), 814.75 (22m), 814.76 (15m), 814.80 (11), 859.07 (2) (a) (intro.), 859.07 (2) (a) 2., 859.15, 885.01 (5) (by SECTION 961), 895.45 (1) (a), 895.4803, 895.485 (4) (a), 905.15 (1), 938.02 (6), 938.02 (7), 938.02 (17), 938.06 (1) (b), 938.06 (4), 938.22 (1) (a), 938.22 (2) (a), 938.22 (7) (a), 938.22 (7) (b), 938.30 (6) (b), 938.31 (7) (b), 938.355 (2b), 938.357 (4) (a), 938.357 (4) (b) 2., 938.357 (4) (c) 1., 938.357 (4) (c) 2., 938.357 (5m) (a), 938.36 (1) (b), 938.363 (1) (c), 938.396 (2g) (b), 938.538 (6), 938.547 (2), 938.548, 938.57 (3) (a) (intro.), 938.57 (3) (a) 3., 938.57 (3) (b), 938.78 (2) (h), 948.22 (4) (b), 948.31 (1) (a) 2., 973.05 (2m) (r), 973.055 (3), 977.06 (4) (bm), 978.05 (4m) and 995.67 (1) (a) of the statutes, the repeal and recreation of section 20.435 (1) (gm) of the statutes, and the creation of sections 13.83 (3) (f) 2m., 15.20, 15.205 (title), 15.207 (title), 20.437 (intro.), 20.437 (1) (b), 20.437 (1) (gg), 20.437 (1) (m), 20.437 (1) (ma), 20.437 (1) (mb), 20.437 (1) (mc), 20.437 (1) (md), 20.437 (1) (n), 20.437 (1) (na), 20.437 (1) (nL), 20.437 (1) (o), 20.437 (2), 20.437 (3), 20.923 (4) (f) 2d., 46.10 (14) (g), 48.01 (1) (h), 48.02 (16), 48.47 (intro.), 48.47 (3), 48.47 (4), 48.47 (7) (title), 48.48 (2b), 48.48 (4), 48.48 (17) (am), 48.48 (18), 48.563, 48.565, 48.567, 48.568, 48.569, 48.576, 48.578, 48.743, 49.27, 49.273, 49.32 (1) (am), 49.32 (2) (d), 49.32 (11m), 49.34 (5m) (em), 49.345, 49.852 (1c), 49.855 (2r), 49.857 (1) (cf), 49.858 (1) (a), 49.86 (1), 230.08 (2) (e) 2m. and 301.46 (4) (a) 10m. and SECTIONS 9121 (1) (a), (c), (d), (e), (f), (2), and 9154 (1) (a), (c), (d), (e), (f), and (g) and 9155 (1m) of this act take effect on July 1, 2008.
****NOTE: This is reconciled SECTION 9455 (1). This SECTION has been affected by drafts with the following LRB numbers: -0003, -0242, -0243, -0258, -0260, -0261, -0267, -0486, -0728, -0766, -0905, -1181, -1221, -1261, -1270, -1313, -1501, -1508, -1523, -1589, -1590, and -1676.
(End)
LRB-1270LRB-1270/3
GMM:wlj&jd:rs
2007 - 2008 LEGISLATURE
DOA:......Rhodes, BB0261 - Home visiting services
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS administers a child abuse and neglect prevention program under which DHFS awards grants to counties and Indian tribes that offer voluntary home visitation services to first-time parents who are eligible for Medical Assistance. Current law requires DHFS to determine the amount of a grant awarded to a county or an Indian tribe in excess of the statutory minimum grant amount of $10,000 based on the number of births that are funded by Medical Assistance in that county or the reservation of that Indian tribe in proportion to the number of those births in all of the counties and the reservations of all of the Indian tribes to which grants are awarded. Currently, no more than six rural counties, three urban counties, and two Indian tribes may be selected to participate in the program.
This bill requires the Department of Children and Families (DCF) to determine the amount of a grant in excess of the statutory minimum based simply on the number of births that are funded by Medical Assistance in a county or a reservation of an Indian tribe without regard to the number of those births in other counties and reservations. The bill also eliminates the caps on the number of counties and Indian tribes that may be selected to participate in the program.
In addition, the bill directs DCF to award grants to applying county departments of human services or social services (county departments), local health departments, Indian tribes, private nonprofit agencies, and local partnerships consisting of two or more county departments, local health departments, Indian tribes, and private nonprofit agencies (organizations) for the provision to all first-time parents in the community served by the organization of one-time, voluntary home visits. The purposes of the home visits are to provide those parents with basic information about infant health and nutrition, the care, safety, and development of infants, and emergency services for infants and with information about shaken baby syndrome and impacted babies; to identify the needs of those parents; and to provide those parents with referrals to programs, services, and other resources that may meet those needs. Under this bill, any information concerning an individual who is offered a home visit or provided with a referral is confidential, unless disclosure of the information is required or permitted under the child abuse and neglect reporting law, the use or disclosure of the information is connected to the administration of the program, or the individual consents to the use or disclosure of the information.
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. 20.437 (2) (ab) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
20.437 (2) (ab) Child abuse and neglect prevention and universal home visitation grants. The amounts in the schedule for child abuse and neglect prevention grants under s. 48.983 and for universal home visitation grants under s. 48.984.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: This is reconciled s. 20.437 (2) (ab). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 2. 48.983 (1) (i) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 48.483 (1) (i). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 3. 48.983 (1) (j) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 48.983 (1) (j). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 4. 48.983 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
48.983 (2) FUNDS PROVIDED. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.437 (2) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.
SECTION 5. 48.983 (3) (title) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 48.983 (3) (title). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 6. 48.983 (3) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.
****NOTE: This is reconciled s. 48.983 (3) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 7. 48.983 (3) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is renumbered 48.983 (3) and amended to read:
48.983 (3) JOINT APPLICATION PERMITTED. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.
****NOTE: This is reconciled s. 48.983 (3). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 8. 48.984 of the statutes is created to read:
48.984 Universal home visitation services. (1) DEFINITIONS. In this section:
(a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.
(b) "Indian tribe" means a federally recognized American Indian tribe or band in this state.
(c) "Local health department" has the meaning given in s. 250.01 (4).
(d) "Local partnership" means any combination of 2 or more county departments, local health departments, Indian tribes, and private nonprofit agencies that have agreed to implement jointly a program of universal home visitation services under this section.
(e) "Organization" means a county department, local health department, Indian tribe, private nonprofit agency, or local partnership.
(f) "Private nonprofit agency" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).
(2) AWARDING OF GRANTS. From the appropriation account under s. 20.437 (2) (ab), the department shall award grants to applying organizations for the provision of the home visitation services specified in sub. (3) (a). The department shall determine the amount of a grant awarded to an organization based on the number of first-time births in the community served by the organization. The department shall provide competitive application procedures for selecting organizations to receive grants under this subsection and shall establish a method for ranking applicants based on the quality of their applications. The department shall require a grant recipient to provide matching funds or in-kind contributions as determined by the department and shall ensure that a grant recipient does not use any grant moneys awarded to supplant any other moneys used by the grant recipient at the time of the awarding of the grant to provide home visitation services.
(3) PURPOSES OF GRANTS. (a) Universal home visitation services. An organization that receives a grant under sub. (2) shall use the grant moneys awarded to provide a one-time visit to all first-time parents in the community served by the organization for the purposes of providing those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants and with the information relating to shaken baby syndrome and impacted babies required under s. 253.15 (6); identifying the needs of those parents; and providing those parents with referrals to programs, services, and other resources that may meet those needs. An organization may visit a first-time parent only if the parent or, if the parent is a child, his or her parent, guardian, or legal custodian consents to the visit. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may make or threaten to make such a report based on a refusal of a person to receive a home visit under this paragraph.
(b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.
(4) CONFIDENTIALITY. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.
(b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.
(5) NOTIFICATION OF PARENT PRIOR TO MAKING ABUSE OR NEGLECT REPORT. If a person who is providing home visitation services under sub. (3) (a) determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, the department to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).
(6) INFORMATIONAL MATERIALS. Any informational materials about the home visitation services provided under sub. (3) (a) that are distributed to a person who is offered or who is receiving those services shall state the sources of funding for the services.
SECTION 9. 253.15 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
253.15 (2) INFORMATIONAL MATERIALS. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. or 2., to all organizations that are providing home visitation services under s. 48.984 (3) (a), and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.
****NOTE: This is reconciled s. 253.15 (2). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 10. 253.15 (6) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
253.15 (6) INFORMATION TO HOME VISITATION OR CARE COORDINATION SERVICES RECIPIENTS. A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2., an organization that is providing home visitation services under s. 48.984 (3) (a), and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.
****NOTE: This is reconciled s. 253.15 (6). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 11. 253.15 (7) (e) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2., an organization that is providing home visitation services under s. 48.984 (3) (a), and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is are immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).
****NOTE: This is reconciled s. 253.15 (7) (e). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261 and LRB-1270.
SECTION 9455. Effective dates; Other.
(1) HOME VISITATION SERVICES. The amendment of sections 20.437 (2) (ab), 48.983 (2), and 253.15 (2) (by SECTION 9), (6) (by SECTION 10), and (7) (e) (by SECTION 11) of the statutes, the repeal of section 48.983 (1) (i) and (j) and (3) (title) and (a) of the statutes, the renumbering and amendment of section 48.983 (3) (b) of the statutes, and the creation of section 48.984 of the statutes take effect on January 1, 2009.
(End)
LRB-1272LRB-1272/5
PJK:lmk&cs:rs
2007 - 2008 LEGISLATURE
DOA:......Pink, BB0266 - Healthy Wisconsin Authority
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: creating a Healthy Wisconsin Authority and making an appropriation.
Analysis by the Legislative Reference Bureau
Insurance
This bill creates the Healthy Wisconsin Authority (HWA). An authority is a public body corporate and politic with a board of directors that is created by state law but that is not a state agency. The board of directors of HWA consists of the commissioner of insurance, or the commissioner's designee, as a nonvoting member and 13 other members who will serve four-year terms, including a majority party senator and a majority party representative to the assembly, appointed by the senate majority leader and the speaker of the assembly, respectively, and a minority party senator and a minority party representative to the assembly, appointed by the senate minority leader and the assembly minority leader, respectively. Nine other members are nominated by the governor and appointed with the advice and consent of the senate and consist of a health care provider and representatives of a health insurance company, a small employer, Wisconsin labor unions, health benefit purchasing cooperatives, and the public interest. The board must appoint an executive director, who may not be a member of the board.
Because HWA is not a state agency, numerous laws that apply to state agencies do not apply to HWA. However, HWA is treated like a state agency in the following respects, among others: 1) it is generally subject to the open records and open meetings laws; 2) it is treated like a state agency for purposes of the law regulating lobbying; 3) it is subject to state purchasing requirements and must use a competitive bid or proposal process whenever contracting for services; 4) it is exempt from income tax, sales and use tax, and property taxes; 5) the Code of Ethics for Public Officials and Employees covers HWA; 6) it is to be treated as a state agency for all purposes under the Wisconsin Retirement System; and 7) it is subject to auditing by the Legislative Audit Bureau.
HWA is unlike a state agency in many other ways, including: 1) it may approve its own budget without going through the state budgetary process; 2) its employees are not state employees, are not included in the state system of personnel management, and are hired outside the state hiring system; and 3) it is not subject to statutory rule-making procedures, including requirements for legislative review of proposed rules. Unlike most authorities under current law, HWA may not issue bonds.
HWA must study options and develop recommendations for implementing a reinsurance program to provide reinsurance to groups or individuals, or both, in the state for catastrophic claims under group or individual, or both, health insurance policies. By September 15, 2008, HWA must submit a report to the secretary of administration with its recommendations for implementing the reinsurance program. HWA must develop and administer any reinsurance program for which legislation is enacted that authorizes or requires HWA to do so. HWA may contract with a vendor to administer any reinsurance program that is implemented, and must contract with an independent entity for annual program and financial evaluations of an implemented reinsurance program. HWA may make recommendations to the governor on the impact of allowing health benefit purchasing cooperatives to participate in any implemented reinsurance program and on proposals to reduce health insurance premiums for American Indian tribes and bands in the state and other sectors of the group health insurance market. HWA may explore other ways to lower health care costs, including considering options for comprehensive health care reform. The bill also appropriates initial and operating costs to HWA from the health care quality fund, which is created in the bill and funded with moneys obtained from an increase in cigarette and other tobacco products taxes and certain other sources.
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. 13.172 (1) of the statutes is amended to read:
13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, or 234, or 238.
SECTION 2. 13.48 (13) (a) of the statutes is amended to read:
13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Healthy Wisconsin Authority, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
SECTION 3. 13.62 (2) of the statutes is amended to read:
13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, or 237, or 238, except that the term does not include a council or committee of the legislature.
