This bill authorizes DNR to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project by EPA. The bill provides $17,000,000 in bonding authority for this purpose. The principal and interest on the bonds will be repaid from the environmental fund.
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. 20.370 (7) (br) of the statutes is created to read:
20.370 (7) (br) Principal repayment and interest -- contaminated sediment. From the environmental fund, a sum sufficient to reimburse s. 20.866 (1) (u) for the principal and interest costs incurred in financing projects to remove contaminated sediment under s. 20.866 (2) (ti), to make the payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of obligations incurred in financing those projects, and to make payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a).
****NOTE: This is reconciled s. 20.370 (7) (br). This SECTION has been affected by drafts with the following LRB numbers: -1454 and -1621.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.866 (2) (ti) of the statutes is created to read:
20.866 (2) (ti) Natural resources; contaminated sediment removal. From the capital improvement fund, a sum sufficient for the department of natural resources to fund removal of contaminated sediment under s. 281.87. The state may contract public debt in an amount not to exceed $17,000,000 for this purpose.
SECTION 3. 281.87 of the statutes is created to read:
281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12).
(End)
LRB-1457LRB-1457/3
PJK&CMH:wlj&lmk:pg
2007 - 2008 LEGISLATURE
DOA:......Jablonsky, BB0326 - Procedural terminology codes and detailed explanations for restricting or terminating coverage
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
insurance
Under current law, an insurer may not restrict or terminate coverage for chiropractic treatment under a health insurance policy that covers chiropractic treatment except on the basis of an examination or evaluation by, or the recommendation of, a chiropractor or a peer review committee (independent evaluation). If, on the basis of an independent evaluation, the insurer restricts or terminates a patient's coverage for chiropractic treatment and the patient then becomes liable for payment of the treatment, the insurer must provide to the patient and the treating chiropractor a written statement that includes, among other things, a reasonable explanation of the factual basis for the restriction or termination of coverage. Under this bill, the written statement must provide a detailed, rather than merely reasonable, explanation of the clinical rationale, rather than the factual basis, for the restriction or termination of coverage. The bill also provides that, if an insurer restricts or terminates an insured's coverage for treatment, not limited to chiropractic treatment, and as a result the insured becomes liable for all of the cost of the treatment, the insurer must provide on the explanation of benefits form a detailed explanation of the clinical rationale and the basis in the policy or applicable law for the restriction or termination of coverage.
Current law does not regulate the use of current procedural terminology codes (numbers on a health insurance claim form that indicate the services that a health care provider performed). This bill requires an insurer who changes the current procedural terminology code that the health care provider put on the health insurance claim form to include on the explanation of benefits form the reason for the change and to cite the source for the change.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 632.726 of the statutes is created to read:
632.726 Current procedural terminology code changes. (1) In this section, "current procedural terminology code" means a number established by the American Medical Association that a health care provider puts on a health insurance claim form to describe the services that he or she performed.
(2) If an insurer changes a current procedural terminology code that was submitted by a health care provider on a health insurance claim form, the insurer shall include on the explanation of benefits form the reason for the change to the current procedural terminology code and shall cite on the explanation of benefits form the source for the change.
SECTION 2. 632.857 of the statutes is created to read:
632.857 Explanation required for restriction or termination of coverage. If an insurer restricts or terminates an insured's coverage for the treatment of a condition or complaint and, as a result, the insured becomes liable for payment for all of his or her treatment for the condition or complaint, the insurer shall provide on the explanation of benefits form a detailed explanation of the clinical rationale and of the basis in the policy, plan, or contract or in applicable law for the insurer's restriction or termination of coverage.
SECTION 3. 632.875 (2) (g) of the statutes is amended to read:
632.875 (2) (g) A reasonable detailed explanation of the factual basis clinical rationale and of the basis in the policy, plan, or contract or in applicable law for the insurer's restriction or termination of coverage.
SECTION 9325. Initial applicability; Insurance.
(1) HEALTH INSURANCE; TREATMENT RESTRICTION OR TERMINATION; CLAIM FORMS.
(a) Except as provided in paragraph (b), the treatment of sections 632.726, 632.857, and 632.875 (2) (g) of the statutes first applies to claims for insurance coverage that are submitted to an insurer on the effective date of this paragraph.
(b) If a health insurance policy or plan that is in effect on the effective date of this paragraph contains a provision that is inconsistent with the treatment of section 632.726, 632.857, or 632.875 (2) (g) of the statutes, the treatment of section 632.726, 632.857, or 632.875 (2) (g) of the statutes, whichever is applicable, first applies to that health insurance policy or plan on the date on which it is renewed.
(End)
LRB-1464LRB-1464/3
MES:wlj&kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0327 - Authorize limited Milwaukee Metropolitan Sewerage District use of design-build construction process
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: authorizing the Milwaukee Metropolitan Sewerage District to use the design-build construction process on a limited basis.
Analysis by the Legislative Reference Bureau
local government
Generally, under current law, the Milwaukee Metropolitan Sewerage District (MMSD) is required to award all contracts for all work done and all purchases of supplies and materials to the lowest responsible bidder.
This bill authorizes MMSD to let one contract for public construction using the design-build construction process. The contract is exempted from the lowest-responsible bidder requirement, and may be only for the construction of a deep tunnel pump station. The design-build construction process is defined as a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project. The bill requires MMSD to submit to DNR performance objectives and preliminary designs for the design-build project, rather than the completed plans required under current law.
For further information see the 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. 200.47 (2) (a) of the statutes is amended to read:
200.47 (2) (a) Except for a contract awarded under par. (f) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.0901.
SECTION 2. 200.47 (2) (f) of the statutes is created to read:
200.47 (2) (f) 1. In this paragraph, "design-build construction process" means a project delivery and procurement process for the design, construction, repair, renovation, installation, or demolition of a public works project under which a single entity is responsible for the professional design services and construction services related to the project.
2. The commission may let only one contract under sub. (1) that uses the design-build construction process, and that contract may be let only for a deep tunnel pump station.
3. A contract that is let under sub. (1) and that uses the design-build construction process under subd. 2. does not need to comply with s. 200.49, although the commission shall make an effort to ensure that the goal described in s. 200.49 (3) (a) is met and that the good faith effort described in s. 200.49 (3) (b) is made.
SECTION 3. 281.01 (3e) of the statutes is created to read:
281.01 (3e) "Design-build construction process" has the meaning given in s. 200.47 (2) (f) 1.
SECTION 4. 281.41 (1) (a) of the statutes is amended to read:
281.41 (1) (a) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and any other information concerning maintenance, operation and other details that the department requires, including the information specified under s. 281.35 (5) (a), if applicable. Owners contracting for a system, plant, or extension under the design-build construction process shall submit to the department performance objectives and preliminary designs in a form that is satisfactory to the department, rather than complete plans. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn, a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of the plans for approval, the department or its authorized representative shall notify the owner of the date of receipt.
(End)
LRB-1465LRB-1465/2
RCT:wlj:jf
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0332 - Farmland preservation program changes
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
Under current law, an eligible claimant may recover a certain amount of property taxes paid through the refundable farmland preservation credit. When a tax credit is refundable and the amount of the credit that is otherwise due an eligible claimant exceeds the claimant's tax liability, or there is no outstanding tax liability, the excess amount of the credit is paid to the claimant by check.
Under current law, the land to which a claim for the farmland preservation credit relates must be subject either to a farmland preservation agreement or to an exclusive agricultural use zoning ordinance that is certified by the Land and Water Conservation Board (LWCB). Land that is not subject to exclusive agricultural use zoning may become subject to a farmland preservation agreement only if the county in which the land is located has an agricultural preservation plan that is certified by LWCB. A farmland preservation agreement is between the landowner and DATCP. The agreement commits the owner to keep the land in agricultural use for the duration of the agreement, up to 25 years, although the law allows DATCP or LWCB to release land from an agreement under certain circumstances. Under current law, when land is rezoned from exclusive agricultural use and in some of the circumstances under which land is released from a farmland preservation agreement, DATCP is required to file a lien against the land for the amount of the farmland preservation credit received by the owner during the preceding ten years.
This bill eliminates the requirement that DATCP file a lien against land that is released from a farmland preservation agreement or that is rezoned from exclusive agricultural use. Under this bill, DATCP may not release land from a farmland preservation agreement until the owner pays $100 per acre to this state, except in certain cases, such as the death or disability of the owner. Also under this bill, rezoning of land from exclusive agricultural zoning must be conditioned on payment of $100 per acre of land that is rezoned. Payment is made to the local governmental unit that grants the rezoning.
This bill also provides that DATCP, rather than LWCB, certifies exclusive agricultural use zoning ordinances and county agricultural preservation plans and revisions to the ordinances and plans. DATCP may, but is not required to, grant certification based on a signed statement, by the relevant local governmental unit, that the ordinance or plan meets the requirements for certification.
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. 71.60 (1) (b) of the statutes is amended to read:
71.60 (1) (b) The credit allowed under this subchapter shall be limited to 90% of the first $2,000 of excessive property taxes plus 70% of the 2nd $2,000 of excessive property taxes plus 50% of the 3rd $2,000 of excessive property taxes. The maximum credit shall not exceed $4,200 for any claimant. The credit for any claimant shall be the greater of either the credit as calculated under this subchapter as it exists at the end of the year for which the claim is filed or as it existed on the date on which the farmland became subject to a current agreement under subch. II or III of ch. 91 or under subch. III of ch. 91, 2005 stats., using for such calculations household income and property taxes accrued of the year for which the claim is filed.
SECTION 2. 71.60 (1) (c) 3. of the statutes is amended to read:
71.60 (1) (c) 3. If the claimant or any member of the claimant's household owns farmland which is ineligible for credit under subd. 1. or 2. but was subject to a farmland preservation agreement under subch. III of ch. 91, 2005 stats., on July 1 of the year for which credit is claimed, or the owner had applied for such an agreement before July 1 of such year and the agreement has subsequently been executed, and if the owner has applied by the end of the year in which conversion under s. 91.41, 2005 stats., is first possible for conversion of the agreement to a transition area agreement under subch. II of ch. 91, and the transition area agreement has subsequently been executed, and the farmland is located in a city or village which has a certified exclusive agricultural use zoning ordinance under subch. V of ch. 91 in effect at the close of the year for which credit is claimed, or in a town which is subject to a certified county exclusive agricultural use zoning ordinance under subch. V of ch. 91 in effect at the close of the year for which credit is claimed, the amount of the claim shall be that specified in par. (b).
SECTION 3. 71.60 (1) (c) 5. of the statutes is amended to read:
71.60 (1) (c) 5. If the claimant or any member of the claimant's household owns farmland which is ineligible for credit under subds. 1. to 4. but was subject to a farmland preservation agreement under subch. III of ch. 91, 2005 stats., on July 1 of the year for which credit is claimed, or the owner had applied for such an agreement before July 1 of such year and the agreement has subsequently been executed, and if the owner has applied by the end of the year in which conversion under s. 91.41, 2005 stats., is first possible for conversion of the agreement to an agreement under subch. II of ch. 91, and the agreement under subch. II of ch. 91 has subsequently been executed, the amount of the claim shall be limited to 80% of that specified in par. (b).
SECTION 4. 71.60 (1) (c) 8. of the statutes is amended to read:
71.60 (1) (c) 8. If the farmland is subject to a farmland preservation agreement under subch. III of ch. 91, 2005 stats., on July 1 of the year for which credit is claimed or the claimant had applied for such an agreement before July 1 of such year and the agreement has subsequently been executed, the amount of the claim shall be limited to 50% of that specified in par. (b).
SECTION 5. 91.06 of the statutes is renumbered 91.06 (1) and amended to read:
91.06 (1) CERTIFICATION BY BOARD. The Before the effective date of this subsection .... [revisor inserts date], the board shall review farmland preservation plans and exclusive agricultural use zoning ordinances submitted to it under ss. 91.61 and 91.78 and shall certify to the appropriate zoning authority whether the plans and ordinances meet the standards of subchs. IV and V, respectively. Certifications may be in whole or in part.
SECTION 6. 91.06 (2) and (3) of the statutes are created to read:
91.06 (2) CERTIFICATION OF PLANS. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:
1. The department may certify a county farmland preservation plan or revision to a county farmland preservation plan based on the county certification under s. 91.61 (2) (d).
2. The department may do any of the following before it determines whether to certify a county's farmland preservation plan or revision to a plan:
a. Review the plan or revision for compliance with ss. 91.51 to 91.59.
b. Review and audit the application for certification under s. 91.61 (2).
(b) The department shall grant or deny an application for certification under s. 91.61 (2) in writing no later than the 90th day following receipt of a complete application, unless the county agrees to an extension.
(c) The department may grant an application for certification under s. 91.61 (2) subject to conditions specified by the department in its certification decision. The department may revoke the certification if the county does not make the required changes by a deadline specified by the department.
(d) For the purposes of this chapter and subch. IX of ch. 71, a certified farmland preservation plan does not include a revision to the plan adopted after the effective date of this paragraph .... [revisor inserts date], unless the department certifies the revision under par. (b).
(3) CERTIFICATION OF ORDINANCES. (a) Beginning on the effective date of this paragraph .... [revisor inserts date], all of the following apply:
1. The department may certify an exclusive agricultural use zoning ordinance or revision to an ordinance based on the certification under s. 91.78 (2) (d).
2. The department may do any of the following before it determines whether to certify an exclusive agricultural use zoning ordinance or revision to an ordinance:
a. Review the ordinance or revision for compliance with ss. 91.75 and 91.77.
b. Review and audit the application for certification under s. 91.78 (2).
(b) The department shall grant or deny an application for certification under s. 91.78 (2) in writing no later than the 90th day following receipt of a complete application, unless the county, city, village, or town agrees to an extension.
