2. Providing that the maximum amount of uninsured or underinsured motorist
coverage available for bodily injury or death suffered by a person not using a motor
vehicle in an accident (such as a pedestrian) is any single limit of uninsured or
underinsured motorist coverage for any vehicle with respect to which the person is
insured at the time of the accident.
3. Providing that the maximum amount of medical payments coverage
available for bodily injury or death suffered by a person not using a motor vehicle in
an accident is any single limit of medical payments coverage for any vehicle with
respect to which the person is insured at the time of the accident.
4. Providing that the limits under the policy for uninsured or underinsured
motorist coverage for bodily injury or death resulting from an accident are reduced
by amounts paid or payable by or on behalf of a person or organization that is legally
responsible for the bodily injury or death; amounts paid or payable under any
worker's compensation law; or amounts paid or payable under any disability benefits
laws.
5. Providing that any coverage under the policy does not apply to a loss
resulting from the use of a motor vehicle that is owned by the named insured or a
spouse or relative of the named insured who lives in the named insured's household,
that is not described in the policy, and that is not covered under the terms of the policy
as a newly acquired or replacement motor vehicle.
Other insurance
Under current law, a care management organization is certified by and
contracts with DHS to administer the Family Care Program, which provides
financial assistance for long-term care to eligible individuals.
This bill requires that, in order to provide family care services, a care
management organization that does not also provide primary or acute medical care
must also obtain a permit from OCI. OCI may issue a permit if, after consulting with
DHS, it finds that: 1) the care management organization has met all requirements
of law, 2) the directors, principal officer, or any controlling person are trustworthy
and competent to engage in the proposed services, and 3) the care management
organization's business plan is consistent with the interests of Family Care Program
enrollees and the public. Under certain circumstances, OCI may revoke or suspend
a permit.
Care management organizations that have a permit are subject to
requirements under the bill similar to requirements in current law applicable to
insurance companies, such as complying with OCI's request for reports, submitting
to examinations and audits, paying the costs of examination, complying with OCI
rules, reporting transactions with affiliates of the care management organization,
and reporting changes in ownership or management of the care management
organization to OCI. A care management organization with a permit must also
deposit an amount determined by DHS, to pay for services on behalf of an insolvent
or financially hazardous care management organization.
The bill also requires that Family Care Program enrollees not be held liable for
any obligations of the care management organization.
Under current law, for each notification or renewal of an insurance agent's
appointment, the insurance company must pay to OCI a fee of not more than $8 for
a resident agent and $24 for a nonresident agent. This bill eliminates the maximum
fee and requires that the fee be paid in an amount, at times, and under procedures,
set by OCI.
Under current law, a fraternal benefit society may provide insurance coverage
only to its members and their spouses and dependent children. The bill authorizes
fraternal benefit societies to provide insurance coverage to the domestic partners of
fraternal members.
Justice and law enforcement
This bill requires a law enforcement agency to collect the following information
concerning motor vehicle stops made in any county having a population of 125,000
or more (populous county) on or after January 1, 2011: 1) the name, address, gender,
and race of the vehicle operator; 2) the reason for the stop; 3) the make and year of
the vehicle; 4) the date, time, and location of the stop; 5) whether a law enforcement
officer conducted a search of the vehicle, operator, or any passenger and, if so,
whether the search was with consent or by other means; 6) the name, address,
gender, and race of any person searched; and 7) the name and badge number of the
officer making the stop.
The information that is collected is not subject to inspection or copying as a
public record, but must be submitted to DOJ. DOJ must then compile and analyze
it, along with any other relevant information, to determine, both for each law
enforcement agency and as an aggregated total for all law enforcement agencies in
populous counties, whether the number of stops and searches involving vehicles
operated or occupied by members of a racial minority are disproportionate compared
to the number of stops and searches involving vehicles operated or occupied solely
by persons who are not members of a racial minority. If DOJ finds that the number
of stops and searches involving racial minorities is disproportionate compared to the
number of stops and searches involving nonminorities, DOJ must then determine
whether it is the result of racial profiling, racial stereotyping, or other race-based
discrimination or selective enforcement. DOJ must prepare an annual report that
summarizes the information submitted to it and describes the methods and
conclusions of its analysis of the information.
Under current law, no person may be appointed as a law enforcement officer
unless the person has been certified by the Law Enforcement Standards Board
(LESB) after completing a training program approved by LESB. This bill requires
additional training on cultural diversity, including sensitivity toward racial and
ethnic differences, to prevent racial profiling, racial stereotyping, or other
race-based discrimination.
Current law allows DOJ to grant compensation to the spouse of a person who
is killed or injured while trying to prevent a crime, trying to detain a criminal, or
trying to assist a crime victim or a law enforcement officer. This bill allows a domestic
partner to receive the same compensation that a spouse receives under current law.
Under current law, DOJ charges firearms dealers an $8 fee to conduct a
firearms restrictions record search, which includes a criminal history search and a
search to determine if the prospective buyer is prohibited from purchasing a firearm
by state law. Forty-eight hours after requesting the search, the dealer may complete
the sale, unless DOJ has informed the dealer that the purchase is prohibited.
This bill increases the fee to $30.
This bill increases from $8 to $13 the crime laboratory and drug enforcement
surcharge a court must assess when imposing a penalty or placing a person on
probation for a violation of state law or a local ordinance.
Under current law, DOJ must impose a fee for a criminal history search that
is not related to criminal justice or to a handgun purchase. The current fee is $2 for
a search requested by a nonprofit organization and $5 for a search requested by a
governmental agency. This bill changes both fees to $7.
Under current law, if a person files a civil action, an action in small claims court,
or a wage garnishment action, or if the person is assessed a civil forfeiture, the person
generally pays a $12 justice information surcharge. Of that amount, $6 is credited
to the consolidated court automation program (CCAP), $5 is credited to the
automated justice information system, and $1 remains in the general fund.
This bill increases the justice information surcharge to $18. Under the bill, $6
is credited to CCAP, $7.50 is credited to the automated justice information system,
$1.50 is credited to the Office of Justice Assistance (OJA) for statistical gathering and
analyses, $2 is credited to DOA for assistance to indigent civil litigants, and $1
remains in the general fund.
Current law requires OJA to provide staff support for oversight and
development of a statewide public safety interoperable communication system. This
bill authorizes OJA to charge state public safety agencies a fee for using the system.
This bill eliminates a grant program, administered by OJA, that provides
funding to law enforcement agencies for digital recording equipment for making
audio or audio and visual recordings of custodial interrogations or for training
personnel to use such equipment.
Under current law, OJA awards grants to counties to provide alternatives to
prosecution and incarceration for criminal offenders who abuse alcohol or drugs.
This bill requires OJA to award a grant of $371,200 in 2010 and in 2011 to the county
with the highest crime rate among counties having a population of 500,000 or more,
upon approval of the county's grant application.
The bill also requires OJA to provide $495,000 in 2010 and in 2011 to the county
that has the highest crime rate among counties having a population of 500,000 or
more to perform presentencing assessments on a portion of the people convicted of
a Class F, G, H, or I felony or a misdemeanor, for the purpose of providing courts
information for sentencing decisions.
local government
Under current law, local levy limits apply to the property tax levies that are
imposed in December 2007 and 2008. Current law prohibits any city, village, town,
or county (political subdivision) from increasing its levy by a percentage that exceeds
its valuation factor, which is the greater of either 2 percent or the percentage change
in the political subdivision's equalized value due to new construction, less
improvements removed, except that for 2007 the levy limit is 3.86 percent. In
addition, the calculation of a political subdivision's levy does not include any tax
increment that is generated by a tax incremental district.
This bill extends the levy limits to the property tax levies that are imposed in
December 2009 and 2010, and increases the 2009 and 2010 limit to the greater of
either 3 percent or the percentage change in the political subdivision's equalized
value due to new construction, less improvements removed. Under the bill, the base
amount of a political subdivision's levy, on which the levy limit is imposed, is the
maximum allowable levy for the immediately preceding year.
This bill authorizes a first class city (presently only Milwaukee) to issue
appropriation bonds on a one-time basis, other than refunding bonds, to pay all or
any part of the city's unfunded prior service liability with respect to an employee
retirement system of the city. An appropriation bond is any bond, note, or other
obligation of a city issued as provided in the bill to evidence the city's obligation to
repay borrowed money that is payable from various sources, including moneys
annually appropriated by the city for debt service due with respect to the
appropriation bonds, proceeds of the sale of the appropriation bonds, and investment
earnings on the appropriated moneys and bond sale proceeds.
Before the city may issue appropriation bonds, however, the city must enact an
ordinance to implement a five-year strategic and financial plan related to the
payment of unfunded employee retirement benefits. The financial plan must provide
that future annual pension liabilities are funded on a current basis and must contain
quantifiable benchmarks to measure compliance with the plan. Annually, the
common council must report to the legislature, DOR, DOA, and the governor on a
number of issues related to the appropriation bonds. If the city does not fully fund
the lower of either the required cost contribution for a particular year or the normal
cost for that year, DOR must reduce and withhold from the city's shared revenue
payments the difference between its required cost contribution and the amount the
city actually contributes to the system for that year. DOR must deposit the withheld
amount into the city's employee retirement system.
The bill states that a first class city is not generally liable for appropriation
bonds, and appropriation bonds are not a debt of the city for any purpose whatsoever.
Appropriation bonds, including the principal and interest payments, are payable
only from amounts that the common council may, from year to year, appropriate.
A similar statute currently applies to a county with a population of 500,000 or
more (presently only Milwaukee county).
This bill requires DOR to impose annually an administrative fee of $150 on each
tax incremental district (TID) or environmental remediation TID (ERTID) for which
DOR authorizes the allocation of a tax increment. The fee is imposed on the
municipality that created the TID or on the municipality or county that created the
ERTID.
Generally, under current law, the governing body of a political subdivision may
enact an ordinance or adopt a resolution declaring itself to be a premier resort area
if at least 40 percent of the equalized assessed value of the taxable property within
the political subdivision is used by tourism-related retailers. A premier resort area
may impose a tax at a rate of 0.5 percent of the gross receipts from the sale, lease,
or rental of goods or services that are subject to the general sales and use tax and are
sold by tourism-related retailers. The proceeds of the tax may be used only to pay
for infrastructure expenses within the premier resort area, including the costs of
purchasing, constructing, or improving parking lots; transportation facilities; sewer
and water facilities; recreational facilities; fire fighting equipment; and police
vehicles.
This bill expands the infrastructure expenses for which the tax proceeds may
be used to include exposition center facilities used primarily for certain specified
activities, including conventions, trade shows, musical or dramatic events, and
educational, cultural, recreational, sporting, and commercial activities.
Under current law, a local governmental unit (which includes a city, village,
town, county, school district, sewerage district, and drainage district) may provide
health and life insurance for employees, officers, and their spouses and dependent
children. Under this bill, such coverage may also be provided for an employee's and
officer's domestic partner and dependent children.
natural resources
Fish, game, and wildlife
Under current law, if a court imposes a fine or forfeiture for a violation of certain
laws regulating hunting, fishing, or trapping, or for a violation of other laws
regulating wild animals, the court must also impose a wildlife violator compact
surcharge of $5. This bill increases the surcharge to $20.
Currently, under the wildlife damage claim program, DNR makes payments to
any eligible person for damage to the person's crops, orchard trees, nursery stock,
apiaries, or livestock caused by certain wild animals. This bill raises the minimum
amount for which a claim may be made from $250 to $500. The bill also lowers the
maximum payment from $15,000 to $10,000 for each claim.
Under current law, DNR and the Lac du Flambeau band of the Lake Superior
Chippewa have an agreement under which the band agrees to limit its treaty-based,
off-reservation rights to fish in exchange for the band being able to issue DNR
fishing licenses and stamps as an agent of DNR. The band retains all of the fees that
the band collects for these fishing licenses and stamps.
For licenses and stamps issued by other DNR agents within the boundaries of
the band's reservation, current law authorizes, but does not require, DNR to make
an annual payment to the band that equals what the band would have received had
it issued those licenses and stamps (reimbursement amount). Current law requires
DNR to annually pay to the band $50,000, which must be used for fishery
management on the reservation. This bill eliminates this mandatory payment.
Instead, the bill requires DNR annually to pay the band the reimbursement
amount or the amount appropriated for that payment, whichever is greater.
Navigable waters
Current law requires DNR to conduct a detailed inspection of each large dam
that is maintained or operated in or across navigable waters. Under this bill, DNR
must classify each dam in this state as a high hazard, significant hazard, or low
hazard dam. DNR must inspect high hazard dams and significant hazard dams once
every ten years. The bill also requires each owner of a large dam, regardless of the
dam's classification, to engage a professional engineer to inspect the owner's dam on
a regular basis. The frequency of the required inspection is based upon the dam's
hazard classification. The bill also provides that the inspection requirements
imposed upon DNR and upon dam owners apply to all large dams, not just those
maintained or operated in or across navigable waters.
Under current law, DNR administers a financial assistance program for
projects that increase dam safety, including projects to maintain, repair, or remove
a dam. DNR may contract public debt for the dam safety program. This bill increases
DNR's bonding authority, the debt service on which is paid from the general fund, to
$8,500,000.
The bill also broadens eligibility for financial assistance under the dam safety
program by authorizing DNR to provide financial assistance to private owners for
the removal of any dam, regardless of size.
The bill increases the cap on financial assistance from $200,000 to $400,000 for
each dam safety project. Current law limits financial assistance for dam safety
projects to 50 percent of the cost of the project except for projects to remove
abandoned dams. This bill provides that any project to remove a dam, whether or
not abandoned, is not subject to the limit.
Current law requires DNR to maintain an inventory of all dams that require
a dam safety project. This bill eliminates this requirement.
Under current law, DNR awards grants to public and private entities for up to
50 percent of the costs of projects to control invasive species and awards contracts
for the creation and support of a statewide lake monitoring network. DNR must
promulgate rules specifying the eligible activities and qualifications for
participation in the statewide lake monitoring network. This bill provides that the
eligible activities must include providing technical assistance to entities that apply
for, or have received, an invasive species grant.
Under current law, with certain exceptions no person may operate a boat in the
waters of this state unless the boat is covered by a certificate of number and a
registration. This bill increases the certificate of number issuance and renewal fees
for most boats other than nonmotorized sailboats.
Other natural resources
Under current law, with one exception, DNR must transfer a decedent's interest
in a boat to his or her surviving spouse upon receipt of the title executed by the
surviving spouse and an affidavit by the spouse that includes specified information.
Under this bill, a domestic partner is provided the same boat transfer privileges as
a surviving spouse.
retirement and group insurance
This bill provides that domestic partners must be treated in the same manner
as spouses with respect to all pension benefits provided to public employees who are
covered under the Wisconsin Retirement System (WRS) and all other benefits
provided to state employees. For purposes of these benefits, a domestic partner is
any individual who is in a relationship with any other individual that satisfies all of
the following:
1. Each individual is at least 18 years old and otherwise competent to enter into
a contract.
2. Neither individual is married to, or in a domestic partnership with, another
individual.
3. The two individuals are not related by blood in any way that would prohibit
marriage under current law.
4. The two individuals consider themselves to be members of each other's
immediate family.
5. The two individuals agree to be responsible for each other's basic living
expenses.
This bill increases the Wisconsin Retirement System (WRS) benefits for
educational support personnel, who are school district employees other than
teachers, librarians, or administrators, in the following ways:
1. Under current law, for coverage under the WRS, an individual must work
at least one-third of what is considered full-time employment, as determined by
rule. For WRS participants, other than teachers, librarians, and administrators,
DETF defines full-time employment as 1,904 hours per year and one-third
employment as 600 hours per year. For teachers, librarians, and administrators,
DETF defines full-time employment as 1,320 hours per year and one-third
employment as 440 hours per year. This bill requires that educational support
personnel and teachers, librarians, and administrators be treated the same, with
full-time employment for educational support personnel set at 1,320 hours per year.
2. Under current law, for early retirement purposes, a WRS participant, other
than a teacher, librarian, or administrator, with at least 0.75 of a year of creditable
service in any annual earnings period is treated as having one year of creditable
service for that annual earnings period. To be eligible for this treatment, the
participant must have earned only a partial year of creditable service in at least five
of the ten annual earnings periods immediately preceding termination. This bill
provides that, for early retirement purposes, a participant's amount of creditable
service in any annual earnings period must be treated as the amount of creditable
service that a teacher, librarian, or administrator would earn for that annual
earnings period. Because DETF defines full-time employment to be 1,320 hours per
year for a teacher, librarian, or administrator, this bill reduces the number of hours
required for early retirement purposes for all other WRS participants, to qualify for
a year of creditable service, from 1,428 hours to 1,320 hours per year.
Current law generally provides that state employee positions may be created
or abolished only by law or in budget deliberations, by JCF, or by the governor with
respect to positions funded with federal revenue. This bill authorizes the secretary
of employee trust funds to create or abolish any position funded from the public
employee trust fund. The secretary must notify the governor and JCF of his or her
proposed action. If, within 14 working days after the notification, the governor
objects or the cochairpersons of JCF notify the secretary that the committee has
scheduled a meeting for the purpose of reviewing the proposed action, the position
changes may be made only upon JCF approval. Otherwise, changes may be made
as proposed by the secretary.
Current law permits GIB to contract with DHS and other public or private
entities for data collection and analysis services related to health maintenance
organizations and insurance companies that provide health insurance to state
employees. This bill permits GIB to contract for any other consulting services related
to plans it offers.
Current law, with important exceptions, prevents GIB from modifying or
expanding group insurance coverage to materially affect the level of premiums paid
by the state or its employees, or the level of benefits to be provided, under any plan.
This bill provides that this restriction does not prevent GIB from encouraging
participation in wellness or disease management programs.
shared revenue
This bill reduces the amount of county and municipal aid payments in 2010 by
1 percent. The reduction in total payments is allocated to counties and
municipalities in proportion to the equalized value of the property located in the
county or municipality. In 2011, and in each subsequent year, the amount of the
county and municipal aid payment that each county and municipality receives is the
same as the amount received in 2010.
Under current law, the public utility aid payment that a municipality receives
may not exceed an amount equal to $300 times the municipality's population.
Beginning in 2009, the maximum payment for a municipality increases annually by
$125 per person. Under this bill, beginning with payments in 2009, the public utility
aid payment that a municipality receives may not exceed an amount equal to $425
times the municipality's population.
Under current law, the public utility aid payment that a county receives may
not exceed an amount equal to $100 times the county's population. Beginning in
2009, the maximum payment for a county increases annually by $25 per person.
Under this bill, beginning with payments in 2009, the public utility aid payment that
a county receives may not exceed an equal to $125 times the county's population.
Under current law, county and municipal aid payments (shared revenue) are
made from the general fund. Under the bill, a portion of the shared revenue
payments are made from the wireless 911 fund.
state government
State building program
This bill makes various changes in state building construction procedures to
grant DOA, the Building Commission, and other state agencies increased authority
to award state building construction contracts notwithstanding current statutory
requirements and without obtaining certain approvals required under current law.
State employment
This bill provides that, if the secretary of administration determines that state
operations may be performed more efficiently and effectively by the reassignment of
employees among executive branch state agencies, the secretary may reassign
employees from one state agency to another state agency. Under the bill, reassigned
employees receive the same salary and fringe benefits they would otherwise receive
and remain employees of the state agency from which they were reassigned for all
purposes, including the payment of their salaries and fringe benefits and continuous
service benefits.
This bill authorizes the secretary of administration to abolish any position in
any executive branch state agency if that position has been vacant for more than 12
months, and to reduce authorized expenditure levels for those executive branch state
agencies by the amounts of salary and fringe benefits for the abolished positions.
This bill creates a Division of Legal Services in DOA, which is authorized to
provide legal services to executive branch state agencies, other than DOJ and DPI.
The bill also creates an unclassified chief legal advisor position in DOA, DATCP,
DCF, DOC, DHS, DNR, DOT, and DWD. The chief legal advisor position is one not
currently in the state civil service system.
This bill authorizes OSER to provide state agencies with any services and
materials and to charge state agencies for the services and materials. Currently,
OSER may charge other state agencies only for employment services and materials.
The bill also requires the secretary of administration, before July 1, 2011, to abolish
all human resources positions in executive branch state agencies, other than the
Board of Regents of the UW System, and authorizes the secretary of administration
to transfer human relations employees from these agencies to OSER.
This bill authorizes the secretary of administration to abolish building
maintenance positions in any executive branch state agency and to transfer
employees holding these positions to DOA.
2005 Wisconsin Act 25, as affected by
2007 Wisconsin Act 5, provides that 13.0
FTE attorney positions in executive branch state agencies are to be eliminated on
June 30, 2009. This bill provides that the secretary of administration must eliminate
up to 13.0 FTE attorney the positions on June 30, 2011.
State finance
This bill requires the secretary of administration to lapse or transfer to the
general fund an amount equal to $160,000,000 during the 2009-11 fiscal biennium.
State agencies in all branches of government, except for the Investment Board and
DETF, are subject to the lapse and transfer provisions. The bill also eliminates
lapses and transfers for the 2009-11 fiscal biennium that were required under
2007
Wisconsin Act 20.
Currently, any time after enactment of the biennial budget act, if the secretary
of administration determines that authorized expenditures will exceed revenues in
the current or forthcoming fiscal year by more than 0.5 percent of estimated general
purpose revenue (GPR) appropriations for that fiscal year, the governor must submit
a bill making recommendations for correcting the imbalance between projected
revenues and authorized expenditures. This bill increases the threshold to 2 percent.
Currently, the secretary of administration may temporarily reallocate moneys
to the general fund from other state funds in an amount not to exceed, at any one
time, five percent of total GPR appropriations for that fiscal year. This bill increases
that percentage to ten percent.
Current statutes contain a rule of proceeding governing legislative action on
certain bills, which provides that no bill affecting GPR may be adopted if the bill
would cause the estimated general fund balance on June 30 of any fiscal year to be
less than a certain amount of the total GPR appropriations for that fiscal year. For
fiscal year 2009-10, the amount is $65,000,000; for fiscal year 2010-11, the amount
is $65,000,000; and for each fiscal year thereafter, the amount is two percent of total
GPR appropriations for that fiscal year.
This bill provides that for fiscal years 2010-11, 2011-12, and 2012-13, the
amount is $130,000,000; and for 2013-14 and each fiscal year thereafter, the amount
is two percent of total GPR appropriations for that fiscal year.
Currently, every fiscal biennium, one-third of state agencies prepare a base
budget review report that contains a description of each programmatic activity of the
state agency; an accounting of all expenditures in the prior three fiscal years and, for
each programmatic activity of the state agency, an accounting of all expenditures,
arranged by revenue source and expenditure category in the last two quarters in
each of the prior three fiscal years. This bill eliminates base budget review reports.
