This bill requires counties to pay the following costs by providing funds to DHS,
rather than by paying the costs directly: 1) the nonfederal share of services the
county provides without state funding under the disabled children's long-term
support program; 2) the nonfederal share of benefits provided under the Birth to 3
waiver program; 3) the administration costs for the Birth to 3 waiver program; and
4) the administration costs for services the county provides without state funding
under the disabled children's long-term support program for a participant enrolled
after January 1, 2011.
Under current law, DHS reimburses certain hospitals for hospital care provided
under MA to MA recipients and makes supplemental payments to certain hospitals.
This bill eliminates the supplemental payments from the MA program to essential
access city hospitals.
Certain services related to screenings, home health, reproductive health,
mental health, physical and psychosocial rehabilitation, and other services (covered
services) are among services that are covered under MA. Currently DHS may make
MA payment adjustments to a county department for covered services. DHS then
may decrease a county's allocation of community aids moneys by the amount of MA
payment adjustments paid from general purpose revenue by DHS.
This bill creates a second procedure under which DHS may make payments to
county departments for covered services. Under this procedure, county departments
must submit, annually, certified cost reports to DHS for covered services. DHS must
base the amount of a claim for federal MA funds on the certified cost reports the
county departments submit. For those covered services, under this procedure, DHS
must pay county departments a percentage, as established in the state's most recent
biennial budget, of the federal funds claimed. This bill allows DHS to also pay local
health departments under the second payment procedure.
Currently, DHS makes payments to providers of MA health services and other
payments related to MA out of various appropriation accounts, including a general
purpose revenue (GPR) appropriation account; a program revenue (PR)
appropriation account containing moneys from MA cost sharing, penalty
assessments, and the pharmacy benefits purchasing pool; and the MA trust fund.
This bill creates a PR appropriation account into which moneys received from
provider refunds, third party liability payments, drug rebates, audit recoveries, and
other collections related to expenditures from the GPR appropriation account, the
MA cost-sharing appropriation account, and the MA trust fund for the MA program,
regardless of the fiscal year in which the expenditure was made, are deposited. DHS
may expend the moneys in this PR appropriation account for the same purposes it
expends moneys from the GPR appropriation account for the MA program.
Health
Under current law, DHS administers the Senior Care program, which provides
assistance to the elderly in the purchase of prescription drugs. To be eligible for
Senior Care, a person must be a resident of the state, be at least 65 years of age, not
be a recipient of prescription drug coverage through MA, have a household income
that does not exceed 240 percent of the federal poverty line, and pay a program
enrollment fee. This bill adds as a requirement for eligibility for Senior Care that
the person must apply for and, if eligible, enroll in Medicare Part D, which is a federal
prescription drug assistance program.
Under current law, in certain counties, a person who meets certain functional
and financial criteria and who is either a frail elder or an adult with a physical
disability or a developmental disability is eligible for community-based services
through Family Care, a medical assistance waiver program known as Family Care
Partnership, the Program of All-Inclusive Care for the Elderly (PACE), or a
self-directed supports options program (known as IRIS). In a county where Family
Care, Family Care Partnership, PACE, or IRIS is available, this bill caps enrollment
in an available program at the number of participants in that program on a specific
date for the 2011-13 biennium. This bill also prohibits the expansion of Family Care
to counties in which the program is not available on July 1, 2011, during the 2011-13
biennium, unless DHS determines that the expansion is cost-effective.
Under current law, DHS provides funding for family planning services,
including maintaining a state plan for community-based family planning programs
and specific annual grants. This bill eliminates this family planning services
funding.
Under current law, DHS regulates various types of long-term care providers,
including one- and two-bed adult family homes. This bill eliminates the
requirement that DHS regulate one- and two-bed adult family homes and the
requirement that DHS certify one- and two-bed adult family homes in order for
these homes to provide services to a person who is a recipient of Family Care, a
community-based long-term care MA waiver program, or supplemental security
income.
Under current law, the fees that a health care provider may charge for copies
of patient health care records are set by statute. This bill eliminates statutory fees
for copies of patient health care records and requires that DHS promulgate rules to
establish maximum fees that a health care provider may charge for copies of patient
health care records under certain circumstances.
This bill authorizes DHS to set fees by administrative rule for testing infants
for congenital disorders.
Other health and human services
Under current law, a county with a population of less than 500,000 must
establish a county department of social services and may establish a county
department of human services. A county with a population of 500,000 or more must
establish both a department of social services and a department of human services.
Two or more counties that are contiguous and that each have a population of less than
500,000 may combine to form a department of social services or a department of
human services on a multicounty basis.
This bill authorizes two or more counties to combine to form a department of
social services or a department of human services on a multicounty basis, regardless
of whether they are contiguous and regardless of population.
Current law requires DCF to establish a pilot program under which not more
than four counties and, in Milwaukee County, one licensed child welfare agency
(agency) may employ alternative responses to a report of suspected or threatened
child abuse or neglect. This bill eliminates those caps on the number of county
agencies that may participate in the pilot program.
insurance
Current law requires health insurance policies and self-insured governmental
and school district health plans to cover the cost of contraceptives prescribed by a
health care provider and of outpatient consultations, examinations, procedures, and
medical services that are necessary to prescribe, administer, maintain, or remove a
contraceptive. This bill eliminates these requirements.
The state life insurance fund (fund), administered by OCI, may issue any type
of life insurance policy, with a limit not exceeding $10,000, to any state resident. This
bill prohibits the fund from issuing any life insurance policies on or after the date on
which this bill becomes a law except for policies issued on the basis of applications
that were received before that date.
justice
Under current law, the Office of Justice Assistance (OJA) makes grants to
counties that establish programs to provide alternatives to prosecuting and
incarcerating criminal offenders who abuse alcohol or other drugs. This bill requires
counties that receive these grants to provide a 25 percent funding match.
Under current law, the OJA provides, in each fiscal year, a $20,000 grant to each
of 14 child advocacy centers within the state for education, training, medical advice,
and quality assurance. This bill reduces that amount to $17,000 in each fiscal year.
Under current law, when a person is convicted of a crime or, if a person was
charged with a crime but the criminal charge was amended to a civil offense, when
a court finds that the person committed the civil offense, the person pays a crime
victim and witness assistance surcharge. DOJ uses a percentage of the surcharge
to provide grants for sexual assault victim services. This bill specifies that DOJ may
use some of the surcharge funds to pay the costs of administering the grant program.
local government
Under current law, local levy limits are applied to the property tax levies that
were imposed in December 2010. 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 3 percent or the percentage
change in the political subdivision's equalized value due to new construction, less
improvements removed.
This bill extends the levy limits to the property tax levies that will be imposed
in December 2011 and 2012, and changes the limit to the greater of either zero
percent or the percentage change in the political subdivision's equalized value due
to new construction, less improvements removed.
Also under current law, the base amount of a political subdivision's levy in any
year is the maximum allowable levy for the immediately preceding year. Under this
bill, the maximum base amount of a political subdivision's levy is limited to its actual
levy for the immediately preceding year.
This bill also requires a political subdivision to reduce its levy limit if the
amount of its levy in the current year for its payment of debt service for debt issued
before July 1, 2005, is less than its levy for that purpose in the previous year. The
amount of the levy reduction is the amount by which its levy for such debt service was
reduced.
Generally under current law a village with a population of at least 5,000 is
required to provide police protection services by creating its own police department,
by contracting for police protection services with a political subdivision, or by
creating a joint police department with another city, village, or town (municipality).
Also under current law, in general, a village with a population of at least 5,500 is
required to provide fire protection services by methods that are similar to the way
in which it provides police services.
Current law also authorizes any village to provide police and fire protection
services (protection services) in one of two additional ways. The first way is by using
a combined protective services department, which had to have been created before
January 1, 1987, and in which the same person may be required to perform police
protection and fire protection duties (protection duties). The second way is by
requiring persons in a police department or fire department, alone or in combination
with persons designated as police officers or fire fighters, to perform protection
duties, subject to the limitation that those persons were required to perform those
duties before January 1, 1987.
Generally under current law, 2nd, 3rd, and 4th class cities (presently all cities
other than Milwaukee) with populations of at least 4,000 must have police
departments and fire departments, and may have joint departments with other
municipalities.
Under a decision of the Wisconsin Supreme Court, Local Union No. 487,
IAFF-CIO, v. City of Eau Claire, 147 Wis. 2d 519 (1989), cities may not create
combined protective services departments or require persons in a police department
or fire department, alone or in combination with persons designated as police officers
or fire fighters, to perform protection duties.
This bill authorizes 2nd, 3rd, and 4th class cities, and towns, to provide
protection services in the same two additional ways that villages may do so. The bill
also removes the limitations on villages relating to the creation of a department, and
the requirement relating to the performance of duties, before January 1, 1987.
If a city creates a combined protective services department, the city must create
a chief of the department and must abolish the offices of chief of police and fire chief,
which offices are required under current law. The chief of a combined protective
services department has the same authority as the chief of police and fire chief.
Under current law, to participate in a public library system a municipal, county,
or joint public library (local library) or a county must meet a maintenance of effort
requirement, which relates to the amount of financial support provided to the local
library or by the county for library services over the previous three years. This bill
repeals these maintenance of effort requirements.
This bill authorizes a county board to direct its clerk of courts to operate a
self-help center in the county courthouse to provide individuals with information
regarding the court system, including small claims and family law proceedings,
where to obtain legal advice and forms, and how to represent oneself in court. A
self-help center may be staffed by county employees or volunteers, although no staff
member may provide legal advice to self-help center patrons. The bill also
authorizes a county to impose a fee on individuals who use the services provided by
a self-help center.
Natural resources
Stewardship
Current law authorizes the state to incur public debt by issuing bonds for
certain conservation activities under the stewardship program, which DNR
administers. The state may authorize bonds to acquire state land or easements that
are under the jurisdiction of DNR for areas such as state forests and state parks and
the Lower Wisconsin State Riverway. Also, DNR may issue bonds to award grants
or state aid to certain governmental units and to nonprofit conservation
organizations in order to acquire lands, easements, or development rights.
This bill limits acquisitions of land, easements, and other rights or interests in
land under the stewardship program to only acquisitions of land in fee simple, as
opposed to just an easement or development rights, and acquisitions of certain
easements for forestry purposes (forestry easements), easements for state trails or
the Ice Age Trail, and easements that are necessary to provide access to lands or
waters that are required to be open to the public and for which there is no public
access or limited public access. Under the bill, an easement acquired for a state trail,
for the Ice Age Trail, or to provide access to land or a body of water may not be more
than five acres in size.
The bill requires a city, village, town, or county to adopt a nonbinding resolution
that either supports or opposes a proposed acquisition of land or easement, except
for forestry easements, and requires DNR to consider the resolution in determining
whether to approve the acquisition.
Under current law, lands, and certain easements on lands, acquired under the
stewardship program must be open to the public for nature-based outdoor activities
such as hunting, fishing, hiking, and cross-country skiing, unless the DNR board
determines that the land may be closed to protect public safety or a unique animal
or plant community or to accommodate usership patterns such as conflicts between
these types of activities. This bill eliminates the accommodation of usership patterns
as a reason for prohibiting public access with respect to lands, or easements on lands,
that are not acquired for a state trail or the Ice Age Trail and that are acquired after
the bill becomes law.
Under current law, if a land acquisition or development project under the
stewardship program costs more than $750,000, DNR cannot obligate money from
the stewardship fund for that activity until DNR gives to JCF written notice of the
proposed activity and JCF reviews the obligation under its passive review process.
This bill decreases the $750,000 threshold to $250,000.
Under current law, the acquisition costs to be used in calculating the amount
of a grant under the stewardship program equal the fair market value of the land
being acquired plus any other acquisition costs if the land has been owned by the
person conveying the land for three years or more. If the land has been owned for
one year or more but less than three years, the acquisition costs equal the sum of the
current owner's acquisition price and an annual adjustment increase (adjusted
price). If the land has been owned for less than one year, the acquisition costs equal
the current owner's acquisition price.
Under this bill, the acquisition costs for land that has been owned for one year
or more but less than three years equal the adjusted price or the current fair market
value, whichever is lower. The acquisition costs for land that has been owned for less
than one year equal the current owner's acquisition price or the current fair market
value of the land, whichever is lower.
Other natural resources
Under current law, land that DNR purchases is not subject to property taxes.
Instead, DNR makes annual payments to municipalities for each parcel of land that
the DNR has purchased in those municipalities. This bill eliminates those payments
for land purchased after the bill's effective date.
Under current law, DNR administers a financial assistance program for
projects that increase dam safety and may contract public debt to fund the program.
This bill increases DNR's bonding authority for the program, the debt service on
which is paid from the general fund, by $4,000,000.
Also, under this program, dam owners, including municipalities, generally are
eligible to receive a grant only if DNR has issued a directive to the owner to take
action to increase the dam's safety and the dam owner requests the grant within six
months after having received the directive. This bill eliminates the deadline for
making a grant request under the grant program.
Under current law, a person who owns a snowmobile that is not registered in
this state or that is exempt from registration must display on the snowmobile a trail
use sticker issued by DNR. Current law also requires DNR to calculate an amount
equal to the number of those trail use stickers issued by DNR in the previous fiscal
year multiplied by $15 and to credit this amount to an appropriation for aids to
counties for activities such as trail development and maintenance. This bill
increases the amount by which DNR must multiply the number of trail use stickers
to $32 for purposes of determining the amount to be credited to the appropriation.
occupational regulation
Under current law, DRL directly administers the regulation of real estate
practice in Wisconsin. DRL's duties and powers include issuing licenses to real estate
brokers and sales persons; approving forms for use in real estate practice;
promulgating rules regulating real estate practice; and conducting investigations,
holding hearings, and making findings regarding an alleged violation of real estate
law. Currently, the real estate board (board) conducts disciplinary proceedings and
may discipline licensees. The board also reviews and comments on administrative
rules relating to real estate practice that DRL proposes and advises the secretary of
regulation and licensing regarding real estate practice among other powers.
This bill eliminates the board, creates the Real Estate Examining Board, and
transfers most of DRL's duties and powers regulating real estate practice to the
examining board.
Current law defines the practice of pharmacy to include making therapeutic
alternate drug selections, if made in accordance with written guidelines or
procedures established by a hospital's pharmacy and therapeutics committee and
approved by the hospital's medical staff and approved for a patient by the patient's
physician or advanced practice nurse prescriber.
The bill requires that therapeutic alternate drug selections may also be made
by a skilled nursing facility or an intermediate care facility for persons with mental
retardation. The bill deletes the requirement that the written guidelines or
procedures be approved by the hospital's medical staff and the patient's physician or
advanced practice nurse prescriber.
Under current law, DRL, and various boards in DRL, administers Wisconsin's
professional credentialing laws. DRL is charged with ensuring the safe and
competent practice by credentialed professionals in Wisconsin, such as doctors,
nurses, cosmetologists, real estate agents, and veterinarians. This bill changes
DRL's name to the Department of Safety and Professional Services (DSPS).
Retirement and group insurance
Currently, the Group Insurance Board (GIB) must offer to state employees and
annuitants long-term care insurance policies that have been approved for offering
under contracts established by GIB if an insurance company requests that the policy
be offered. This bill eliminates the authority of an insurance company to require GIB
to offer its long-term care insurance policy.
This bill specifies that the Health Insurance Risk-Sharing Plan Authority
(HIRSPA) is not required to pay employer contributions for any benefits related to
the sick leave conversion program or the supplemental health insurance premium
credit program, which are administered by DETF. Employees of HIRSPA are not
eligible for these programs.
Shared revenue
This bill reduces the total amount of county and municipal aid payments
beginning in 2012. The total amount of the reduction for all counties is $36,500,000
and the total amount of the reduction for all municipalities is $59,500,000. The
reductions are allocated, generally, based on population and limited for each county
and municipality to the lesser of a percentage of the entity's property value or 50
percent of the entity's county and municipal aid payment in 2011.
Under current law, a municipality may receive an expenditure restraint
payment if its municipal budget has not increased from the previous year by more
than the sum of an inflation factor and a valuation factor. The valuation factor is,
generally, 60 percent of the change in the municipality's property value resulting
from new construction. The inflation factor is the average annual percentage change
in the U.S. Consumer Price Index, but not less than 3 percent. Under this bill, the
inflation factor cannot be less than zero.
State government
State finance
This bill requires the secretary of administration to lapse to the general fund
from the unencumbered balances of general purpose revenue (GPR) and program
revenue appropriations to executive branch state agencies, other than sum sufficient
appropriations and appropriations of federal revenues, an amount equal to
$145,000,000 in the 2011-13 fiscal biennium and $145,000,000 in the 2013-15 fiscal
biennium, subject to a 14-day passive review process by JCF. Under the bill, all
executive branch state agencies, except for the UW System with respect to its
program revenue appropriations, are subject to the lapse provisions. The bill further
requires the secretary to make additional lapses to the general fund from GPR and
program revenue appropriations to most executive branch state agencies and the
courts during the 2011-13 and 2013-15 fiscal biennia.
The bill requires the cochairpersons of the Joint Committee on Legislative
Organization to take actions during the 2011-13 and 2013-15 fiscal biennia to
ensure that from GPR appropriations to the legislature an amount equal to
$9,232,200 is lapsed from sum certain appropriation accounts or is subtracted from
the expenditure estimates for any other types of appropriations, or both, during each
fiscal biennium.
This bill authorizes the building commission to contract before July 1, 2013, up
to $364,300,000 in state public debt to refund any unpaid indebtedness used to
finance tax-supported or self-amortizing facilities.
Current statutes contain a rule of proceeding governing legislative action on
certain bills. Generally, the rule provides that no bill directly or indirectly 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 each of fiscal years 2011-12 and 2012-13, the
amount is $65,000,000. For each fiscal year thereafter, the amount is 2 percent of
total GPR appropriations for that fiscal year.
This bill changes the amount for each of fiscal years 2013-14 and 2014-15 to
$65,000,000. For 2015-16 and each fiscal year thereafter, the amount remains at 2
percent of total GPR appropriations for that fiscal year.
Currently, the statutes contain a rule of proceeding that limits the increase in
moneys that may be appropriated from GPR during a fiscal biennium, based on
changes in the state's aggregate personal income. This bill repeals this provision.
Currently, the College Savings Program Board, which is attached to the Office
of the State Treasurer, administers the EdVest program, which is a college savings
plan established to enable families to contribute moneys to accounts for the college
expenses of dependents. This bill attaches the College Savings Program Board to
DOA, as well as requires DOA to administer the other college savings program,
which is closed to new participants and currently administered by the state
treasurer.
Under current law, the local government pooled-investment fund (fund)
consists of moneys placed in the state investment fund by local governmental units.
The state treasurer has several duties relating to the fund, which include prescribing
the mechanisms and procedures for deposits and withdrawals into and from the
fund. This bill transfers these duties to DOA.
State employment
This bill authorizes the secretary of administration to abolish any full-time
equivalent position at any executive branch state agency if the position is vacant and
the secretary determines that filling the position is not required for the state agency
to carry out its duties and exercise its powers.
State building program
Currently, with limited exceptions, each state agency, including the UW
System, must submit for approval of the Building Commission any contract for the
engineering, design, construction, reconstruction, remodeling, or expansion of a
building, structure, or facility if the project cost exceeds $150,000. Currently, DOA
manages all engineering, design, and construction work for state agencies, including
the UW System and, with limited exceptions, must provide public notice of proposed
work and let contracts to the lowest responsible bidder. Plans and specifications for
all work on UW projects are subject to approval of DOA. DOA may assess and collect
from state agencies, including the UW System, a construction project management
fee to cover its costs in managing each project. With limited exceptions, each
engineering, design, or construction contract for a state building, structure, or
facility is subject to approval of DOA and, if the contract involves an expenditure of
more than $60,000, the approval of the governor.
This bill deletes DOA's and the governor's responsibility for managing and
approving plans, specifications, and contracts for, any building, structure, or facility
to be constructed, reconstructed, remodeled, or expanded for the University of
Wisconsin-Madison authority created in this bill if the project is funded entirely
from sources other than state general purpose revenue or general fund supported
bonding. The bill also deletes the requirement for approval of the Building
Commission on any such project if the cost does not exceed $500,000. Under the bill,
the requirements that currently apply to DOA do not apply to the authority with
respect to any such project, and DOA may not assess the authority for its
construction management services.
State procurement
Current law generally authorizes state agencies to purchase materials,
supplies, or equipment under certain circumstances. With some exceptions,
purchases for which the estimated cost exceeds $25,000 require bids to be invited or
proposals to be solicited. This bill increases that $25,000 threshold to $50,000.
Under current law, DOA must generally approve and monitor contractual
services that agencies purchase. No agency may purchase contractual services that
involve an estimated expenditure of more than $25,000 without first conducting a
uniform cost-benefit analysis; each agency entering into a contract must submit to
DOA justification for the contract, and DOA must be satisfied that the justification
conforms to current law before approving the contract; and the Office of State
Employment Relations must review contracts to ensure that the purchasing agency
properly uses the services of state employees, to evaluate the feasibility of using
limited term appointments prior to entering into a contract, and to ensure that the
contract does not conflict with any collective bargaining agreement covering state
employees. This bill repeals these provisions.
Under current law, a state agency purchasing equipment that consumes
energy, such as equipment to provide heating, lighting, ventilation, cooling, or
refrigeration, must meet certain energy efficiency standards. This bill exempts from
the standards purchases that cost $5,000 or less per unit.
This bill requires DOA to maintain a list of parties who have violated a state
procurement contract or a statutory provision governing state procurement. Any
party on the list is ineligible to be a party to a state contract unless DOA, after
determining that the party complies with the statutory provisions and has adequate
safeguards to prevent future contractual or statutory violations, removes the party
from the list.
This bill also defines the University of Wisconsin-Madison authority created
in this bill, as a state agency for state procurement purposes except that the bill
provides the authority the authority to enter into contracts for items not commonly
purchased by entities other than universities and allows the authority to be party to
purchasing agreements with other higher education institutions.
Other state government
Currently, eligible candidates for the office of justice of the supreme court may
receive state grants funded from general purpose revenue, which is provided to the
democracy trust fund when individual income tax filers designate $2 to be deposited
into the fund. If the designations for the fund do not generate sufficient revenue for
all candidates to receive full grants, the deficiency is paid from a general purpose
revenue (GPR) appropriation. An eligible candidate for the office of justice of the
supreme court may also receive supplemental grants from the fund under certain
circumstances. This bill deletes the GPR supplement to the democracy trust fund;
if there are insufficient moneys available to pay the full amounts of grants to which
candidates are entitled, the grants are prorated. The bill also deletes the
supplemental grants. The bill permits candidates who accept grants to also accept
additional private contributions in an amount sufficient to cover any deficiency in
the public grants to which they would otherwise be entitled.
Current law creates the Office of Energy Independence (OEI) in DOA to work
on and facilitate initiatives regarding the state's energy independence, bioindustry
and biorefineries, renewable energy markets, alternative energy research, and
motor vehicle fuels that blend gasoline and certain biofuels. This bill eliminates OEI,
requires DOA to develop and implement a cost-effective, balanced, reliable, and
environmentally responsible energy strategy to promote economic growth, and
requires DOA, whenever feasible and cost-effective, to encourage, rather than
require, state agencies to take certain actions regarding hybrid-electric motor
vehicles and using gasohol and other alternative fuels.
Under current law, DOA must require that, by 2015, state agencies collectively
reduce the usage of gasoline by at least 50 percent below the total used in 2006 and
reduce the usage of diesel fuel by at least 25 percent below the total used in 2006.
Under this bill, DOA must encourage, rather than require, that, by 2015, state
agencies collectively reduce the usage of gasoline by at least 20 percent below the
total used in 2006 and reduce the usage of diesel fuel by at least 10 percent below the
total used in 2006. The bill also eliminates a requirement for DOA to submit an
annual report to the legislature regarding the state's usage of hybrid-electric motor
vehicles and gasohol and alternative fuels.
