Amendment JR1 SA1-SB11

SB11-SA1,12,6 " Section 129d. 49.45 (27) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,12,11 49.45 (27) Eligibility of aliens. A person who is not a U.S. citizen or an alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law may not receive medical assistance benefits except as provided under 8 USC 1255a (h) (3) or 42 USC 1396b (v), unless otherwise provided by the department by rule promulgated under sub. (2m) (c).".

SB11-SA1,12,12 30. Page 54, line 24: after that line insert:

SB11-SA1,12,14 " Section 130d. 49.45 (39) (b) 1. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,13,25 49.45 (39) (b) 1. `Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides , unless otherwise provided by the department by rule promulgated under sub. (2m) (c), and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing provides, unless otherwise provided by the department by rule promulgated under sub. (2m) (c), and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.".

SB11-SA1,14,1 31. Page 55, line 2: after that line insert:

SB11-SA1,14,3 " Section 131d. 49.46 (1) (n) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.".

SB11-SA1,14,4 32. Page 55, line 7: after that line insert:

SB11-SA1,14,6 " Section 132d. 49.46 (2) (a) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,14,10 49.46 (2) (a) (intro.) Except as provided in par. (be) and unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following federally mandated benefits:".

SB11-SA1,14,11 33. Page 55, line 12: after that line insert:

SB11-SA1,14,13 " Section 133d. 49.46 (2) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,14,17 49.46 (2) (b) (intro.) Except as provided in pars. (be) and (dc) and unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following services:".

SB11-SA1,14,18 34. Page 55, line 20: after that line insert:

SB11-SA1,14,20 " Section 134d. 49.465 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,15,3 49.465 (2) (intro.) Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), a A pregnant woman is eligible for medical assistance benefits, as provided under sub. (3), during the period beginning on the day on which a qualified provider determines, on the basis of preliminary information, that the woman's family income does not exceed the highest level for eligibility for benefits under s. 49.46 (1) or 49.47 (4) (am) or (c) 1. and ending as follows:".

SB11-SA1,15,4 35. Page 55, line 25: after that line insert:

SB11-SA1,15,6 " Section 135d. 49.47 (4) (a) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,15,10 49.47 (4) (a) (intro.) Unless otherwise provided by the department by rule under s. 49.45 (2m) (c), any Any individual who meets the limitations on income and resources under pars. (b) to (c) and who complies with pars. (cm) and (cr) shall be eligible for medical assistance under this section if such individual is:".

SB11-SA1,15,11 36. Page 56, line 13: after that line insert:

SB11-SA1,15,13 " Section 138d. 49.47 (5) (c) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.".

SB11-SA1,15,14 37. Page 56, line 17: after that line insert:

SB11-SA1,15,16 " Section 139d. 49.47 (6) (a) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,15,19 49.47 (6) (a) (intro.) Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the The department shall audit and pay charges to certified providers for medical assistance on behalf of the following:".

SB11-SA1,15,20 38. Page 56, line 21: after that line insert:

SB11-SA1,15,22 " Section 140d. 49.471 (13) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.".

SB11-SA1,15,23 39. Page 57, line 2: after that line insert:

SB11-SA1,16,2 " Section 141d. 49.472 (3) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,16,6 49.472 (3) Eligibility. (intro.) Except as provided in sub. (6) (a) and unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), an individual is eligible for and shall receive medical assistance under this section if all of the following conditions are met:".

SB11-SA1,16,7 40. Page 57, line 8: after that line insert:

SB11-SA1,16,9 " Section 142d. 49.472 (4) (b) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,16,14 49.472 (4) (b) (intro.) The department may waive monthly premiums that are calculated to be below $10 per month. Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), the The department may not assess a monthly premium for any individual whose income level, after adding the individual's earned income and unearned income, is below 150% of the poverty line.".

SB11-SA1,16,15 41. Page 57, line 14: after that line insert:

SB11-SA1,16,17 " Section 143d. 49.473 (2) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,16,22 49.473 (2) (intro.) Unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c), a A woman is eligible for medical assistance as provided under sub. (5) if, after applying to the department or a county department, the department or a county department determines that she meets all of the following requirements:".

SB11-SA1,16,23 42. Page 57, line 21: after that line insert:

SB11-SA1,17,2 " Section 144d. 49.473 (5) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

SB11-SA1,17,8 49.473 (5) The department shall audit and pay, from the appropriation accounts under s. 20.435 (4) (b) and (o), allowable charges to a provider who is certified under s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who meets the requirements under sub. (2) for all benefits and services specified under s. 49.46 (2), unless otherwise provided by the department by rule promulgated under s. 49.45 (2m) (c).".

SB11-SA1,17,10 43. Page 58, line 15: delete "half of all actuarially required" and substitute "all employee required".

SB11-SA1,17,11 44. Page 58, line 17: delete "actuarially".

SB11-SA1,17,12 45. Page 60, line 5: after that line insert:

SB11-SA1,17,13 " Section 151d. 66.0509 (1m) of the statutes is created to read:

SB11-SA1,17,17 66.0509 (1m) (a) A local governmental unit, as defined in s. 66.0131 (1) (a), that does not have a civil service system on the effective date of this subsection .... [LRB inserts date], shall establish a grievance system not later than the first day of the 4th month beginning after the effective date of this subsection .... [LRB inserts date].

SB11-SA1,17,22 (b) To comply with the grievance system that is required under par. (a), a local governmental unit may establish either a civil service system under any provision authorized by law, to the greatest extent practicable, if no specific provision for the creation of a civil service system applies to that local governmental unit, or establish a grievance procedure as described under par. (d).

SB11-SA1,18,3 (c) Any civil service system that is established under any provision of law, and any grievance procedure that is created under this subsection, shall contain at least all of the following provisions:

SB11-SA1,18,4 1. A grievance procedure that addresses employee terminations.

SB11-SA1,18,5 2. Employee discipline.

SB11-SA1,18,6 3. Workplace safety.

SB11-SA1,18,8 (d) If a local governmental unit creates a grievance procedure under this subsection, the procedure shall contain at least all of the following elements:

SB11-SA1,18,10 1. A written document specifying the process that a grievant and an employer must follow.

SB11-SA1,18,11 2. A hearing before an impartial hearing officer.

SB11-SA1,18,13 3. An appeal process in which the highest level of appeal is the governing body of the local governmental unit.

SB11-SA1,18,18 (e) If an employee of a local governmental unit is covered by a civil service system on the effective date of this subsection .... [LRB inserts date], and if that system contains provisions that address the provisions specified in par. (c), the provisions that apply to the employee under his or her existing civil service system continue to apply to that employee.".

SB11-SA1,18,19 46. Page 60, line 16: after that line insert:

SB11-SA1,18,21 " Section 153g. 66.1105 (2) (k) of the statutes is renumbered 66.1105 (2) (k) 1. and amended to read:

SB11-SA1,19,8 66.1105 (2) (k) 1. "Tax incremental district" means a contiguous geographic area within a city defined and created by resolution of the local legislative body, consisting solely of whole units of property as are assessed for general property tax purposes, other than railroad rights-of-way, rivers or highways. Railroad rights-of-way, rivers or highways may be included in a tax incremental district only if they are continuously bounded on either side, or on both sides, by whole units of property as are assessed for general property tax purposes which are in the tax incremental district. "Tax incremental district" does not include any area identified as a wetland on a map under s. 23.32, except for an area identified on such a map that has been converted in compliance with state law so that it is no longer a wetland and except as provided in subd. 2.

SB11-SA1, s. 153m Section 153m. 66.1105 (2) (k) 2. of the statutes is created to read:

SB11-SA1,19,14 66.1105 (2) (k) 2. For an area that is identified as a wetland on a map under s. 23.32 and that is within the boundaries of a tax incremental district or is part of a tax incremental district parcel, the area shall be considered part of the tax incremental district for determining the applicability of exemptions from or compliance with water quality standards that are applicable to wetlands.".

SB11-SA1,19,15 47. Page 60, line 17: after that line insert:

SB11-SA1,19,17 " Section 154m. 71.05 (6) (b) 47. of the statutes, as created by 2011 Wisconsin Act 5, is amended to read:

SB11-SA1,20,12 71.05 (6) (b) 47. An amount equal to the increase in the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year, multiplied by $4,000 for a business with gross receipts of no greater than $5,000,000 in the taxable year or $2,000 for a business with gross receipts greater than $5,000,000 in the taxable year. For purposes of this subdivision, the increase in the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year is determined by subtracting from the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year, as determined by computing the average employee count from the taxpayer's quarterly unemployment insurance reports or other information as required by the department for the taxable year, the number of full-time equivalent employees employed by the taxpayer in this state during the immediately preceding taxable year, as determined by computing the average employee count from the taxpayer's quarterly unemployment insurance reports or other information as required by the department for the immediately preceding taxable year. No person may claim a deduction under this subdivision if the person may claim a credit deduction under this subchapter based on the person relocating the person's business from another state to this state and in an amount equal to the person's tax liability. The department shall promulgate rules to administer this subdivision.".

SB11-SA1,20,13 48. Page 109, line 17: after that line insert:

SB11-SA1,20,14 " Section 325m. 230.08 (2) (e) 7. of the statutes is amended to read:

SB11-SA1,20,15 230.08 (2) (e) 7. Justice — 3 5.".

SB11-SA1,20,16 49. Page 113, line 9: delete lines 9 to 16.

SB11-SA1,20,18 50. Page 124, line 3: delete the material beginning with "In addition" and ending with "of 2011." on line 6.

SB11-SA1,20,19 51. Page 125, line 5: after that line insert:

SB11-SA1,21,6 "(cq) The department of employee trust funds may not expend any moneys from the appropriation under section 20.515 (1) (d) of the statutes, as created by this act, for funding the cost of the study under this subsection unless the department submits a spending plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented and moneys may be expended as proposed by the department. If, within 14 days after the date of the department's submittal of the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the plan, moneys may be expended only after the plan has been approved by the committee.".

SB11-SA1,21,7 52. Page 127, line 22: after that line insert:

SB11-SA1,21,8 " Section 9129. Nonstatutory provisions; Justice.

SB11-SA1,21,9 (1) Position increases and decreases.

SB11-SA1,21,13 (a) The authorized FTE positions for the department of justice are decreased by 1.0 GPR position, funded from the appropriation under section 20.455 (1) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

SB11-SA1,21,17 (b) The authorized FTE positions for the department of justice are decreased by 1.0 GPR position, funded from the appropriation under section 20.455 (3) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.

SB11-SA1,21,20 (c) The authorized FTE positions for the department of justice are increased by 1.0 GPR position, funded from the appropriation under section 20.455 (1) (a) of the statutes, to provide for an additional unclassified division administrator.

SB11-SA1,21,23 (d) The authorized FTE positions for the department of justice are increased by 1.0 GPR positions, funded from the appropriation under section 20.455 (3) (a) of the statutes, to provide for an additional unclassified division administrator.".

SB11-SA1,21,24 53. Page 138, line 21: after that line insert:

SB11-SA1,22,9 "(8r) Increase in Medical Assistance appropriation for capitation payments. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $42,700,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to pay capitation payments to care management organizations and other entities that provide services to medical assistance recipients under a managed care system for services provided in June 2011, to individuals enrolled in care management organizations and managed care systems.".

SB11-SA1,22,10 54. Page 142, line 20: after that line insert:

SB11-SA1,22,13 "(2e) Grievance procedure; collective bargaining. The treatment of section 66.0509 (1m) of the statutes first applies on the first day of the 4th month beginning after the effective date of this subsection.".

SB11-SA1,22,14 55. Page 144, line 3: after that line insert:

SB11-SA1,22,15 " Section 9421.1 Effective dates; Health Services.

SB11-SA1,23,4 (1q) Medical Assistance program changes. The treatment of sections 49.45 (8) (b) (by Section 115d), (8) (c) (by Section 116d), (8r) (by Section 117d), (8v) (by Section 118d), (18) (ac) (by Section 119d), (18) (ag) (intro.) (by Section 120d), (18) (b) (intro.) (by Section 121d), (18) (d) (by Section 122d), (23) (a) (by Section 123d), (23) (b) (by Section 124d), (24g) (c) (by Section 125d), (24r) (a) (by Section 126d), (24r) (b) (by Section 127d), (25g) (c) (by Section 128d), (27) (by Section 129d), and (39) (b) 1. (by Section 130d), 49.46 (2) (a) (intro.) (by Section 132d) and (2) (b) (intro.) (by Section 133d), 49.465 (2) (intro.) (by Section 134d), 49.47 (4) (a) (intro.) (by Section 135d) and (6) (a) (intro.) (by Section139d), 49.472 (3) (intro.) (by Section 141d) and (4) (b) (intro.) (by Section 142d), 49.473 (2) (intro.) (by Section 143d) and (5) (by Section 144d) of the statutes and the repeal of sections 49.45 (2m), (3) (n), and (6m) (n), 49.46 (1) (n), 49.47 (5) (c), and 49.471 (13) of the statutes take effect on January 1, 2015.".

SB11-SA1,23,5 (End)