SB21: Bill Text

SB21,1763,9 (a) Definitions. In this subsection:

SB21,1763,10 1. "Department" means the department of health services.

SB21,1763,13 2. "Family Care Partnership Program" means an integrated health and long-term care program operated under an amendment to the state Medical Assistance plan under 42 USC 1396u-2 and a waiver under 42 USC 4396n (c).

SB21,1763,16 3. "Family care program" means the program under sections 46.2805 to 46.2895 of the statutes that provides the family care benefit as defined in section 46.2805 (4) of the statutes.

SB21,1763,18 4. "Program of all-inclusive care for the elderly" means an integrated health and long-term care program operated under 42 USC 1395eee or 1396u-4.

SB21,1763,23 (b) Waiver request; generally. The department shall request any approval from and shall submit any amendments or waiver requests to the federal department of health and human services that are necessary to implement changes to the family care program, the program of all-inclusive care for the elderly, or the Family Care Partnership Program, including all of the following:

SB21,1764,2 1. Administration by care management organizations of the family care program statewide instead of by geographic region, unless the department allows the care management organization a waiver to administer the family care benefit in a specific geographic region.

SB21,1764,4 2. Addition of any primary and acute health care services selected by the department as a benefit under the family care program.

SB21,1764,7 3. Selection under section 46.284 (2) (bm) of the statutes as a care management organization of any applicant that the department certifies meets the qualifications instead of using the competitive procurement process.

SB21,1764,10 4. Requirement under section 46.286 (3g) of the statutes that an enrollee change care management organizations only during an open enrollment period specified by the department.

SB21,1764,12 5. Prevention of the creation of new long-term care districts and dissolution of existing long-term care districts under section 46.2895 of the statutes.

SB21,1764,14 6. Elimination of the insurance requirements for care management organizations under chapter 648 of the statutes.

SB21,1764,23 (c) Family care in all counties. The department shall request any approval or submit any waiver request necessary to the federal department of health and human services to administer the family care program in every county in the state. If the federal department of health and human services does not disapprove the request, the department shall ensure that the family care program is available to eligible residents of every county in the state by January 1, 2017, or by a date specified by the department, whichever is later. If the department specifies a later date than January 1, 2017, it shall submit a notice of that date to the legislative reference bureau for publication in the Wisconsin Administrative Register.

SB21,1765,3 (d) Waiver request not approved; saving provision. If the federal department of health and human services does not approve of any request or submission of waiver request under paragraph (b ) or (c) the department may administer that portion of the family care program under the applicable provision of sections 46.2805 to 46.2895, 2013 stats.

SB21,1765,10 (e) Other long-term care programs discontinued. If the federal department of health and human services does not disapprove the request to administer the family care program in every county in the state, the department may elect to discontinue enrollment of participants in or administration of any of the programs under sections 46.271, 46.275, 46.277, 46.278, or 46.2785 of the statutes at any time determined by the department that is after the date that the family care program is available to eligible residents of every county in the state under paragraph (c).

SB21,1765,17 (10) Merger of divisions into Medicaid services division. Before March 31, 2016, the department of health services shall submit to the state budget office in the department of administration a report of the final organization of the merger of the division of the department of health services relating to long-term care and the division of the department of health services relating to health care access and accountability into a single division of the department of health services relating to Medicaid services.

SB21,9119 Section 9119. Nonstatutory provisions; Higher Educational Aids Board.

SB21,9120 Section 9120. Nonstatutory provisions; Historical Society.

SB21,9121 Section 9121. Nonstatutory provisions; Housing and Economic Development Authority.

SB21,9122 Section 9122. Nonstatutory provisions; Insurance.

SB21,9123 Section 9123. Nonstatutory provisions; Investment Board.

SB21,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

SB21,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

SB21,9126 Section 9126. Nonstatutory provisions; Justice.

SB21,9127 Section 9127. Nonstatutory provisions; Legislature.

SB21,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.

SB21,9129 Section 9129. Nonstatutory provisions; Local Government.

SB21,1766,10 (1) Crime prevention funding board. Upon the creation of a crime prevention funding board, the initial members of the board specified under section 59.54 (28) (c) of the statutes shall declare that they are serving on the board, or appoint their designees, not later than the first day of the 4th month beginning after a board is created.

SB21,1766,11 (2) Local sports and entertainment district.

SB21,1766,16 (a) Appointment of district board members. Not later than 90 days after the effective date of this paragraph, the governor shall notify the senate of his or her initial appointments to the district board under section 229.859 of the statutes, as created by this act, and not later than 30 days after the governor notifies the senate of the appointments, the senate shall confirm or reject the governor's appointees.

SB21,1766,19 (b) Staggering of terms. Notwithstanding the 7-year terms specified under section 229.859 of the statutes, as created by this act, the initial appointees of the governor under paragraph (a) shall have terms that expire as follows:

SB21,1766,21 1. The terms of 3 members, as determined by the governor, shall expire on July 1, 2020.

SB21,1766,23 2. The terms of 3 members, as determined by the governor, shall expire on July 1, 2021.

SB21,1766,25 3. The terms of 3 members, as determined by the governor, shall expire on July 1, 2022.

SB21,9130 Section 9130. Nonstatutory provisions; Medical College of Wisconsin.

SB21,9131 Section 9131. Nonstatutory provisions; Military Affairs.

SB21,9132 Section 9132. Nonstatutory provisions; Natural Resources.

SB21,1767,11 (1) Relocation of division of forestry headquarters. The department of natural resources shall develop a plan to move the headquarters of the division of forestry from the city of Madison to a northern location in this state. In the plan, the department of natural resources shall provide in detail the costs of relocating the headquarters, a timeline for implementing the relocation, and a list of options for northern locations in this state. The department of natural resources shall complete the plan in time for the plan to be included in the department of natural resources' 2017-19 biennial budget request.

SB21,1767,16 (2) Natural resources council. The individuals who are members of the natural resources board on the day before the effective date of this subsection are the initial members of the natural resources council. An initial member shall serve for a term on the council ending on July 1 of the year in which his or her term on the board would have expired.

SB21,1767,23 (3) Petroleum storage remedial action program revenue obligation retirement. If moneys lapse from the appropriation under section 20.370 (6) (fr) of the statutes at the end of fiscal year 2017, the secretary of administration shall ensure that an amount equal to the amount of the lapse is expended from the appropriation under section 20.370 (7) (dr) of the statutes, no later than December 31, 2017, to pay outstanding principal on variable rate obligations issued under section 292.63 (9m) of the statutes.

SB21,9133 Section 9133. Nonstatutory provisions; Public Defender Board

SB21,1768,5 (1) State public defender Conflicts Office. The state public defender shall establish and administer, as a 2-year pilot program beginning on the effective date of this subsection, a conflicts office to represent clients in conflict of interest cases in Milwaukee County, Waukesha County, and Racine County. The state public defender shall administer the conflicts office within Milwaukee County.

SB21,9134 Section 9134. Nonstatutory provisions; Public Instruction.

SB21,1768,10 (1) Charter school oversight board. Notwithstanding section 15.375 (1) of the statutes, as created by this act, the initial members appointed to the charter school oversight board under section 15.375 (1) (a) of the statutes, as created by this act, shall be appointed as follows:

SB21,1768,13 (a) One member under section 15.375 (1) (a) 1. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018, and one member shall be appointed for a term expiring on May 1, 2019.

SB21,1768,16 (b) One member under section 15.375 (1) (a) 2. a. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2017, and one member shall be appointed for a term expiring on May 1, 2019.

SB21,1768,18 (c) The member under section 15.375 (1) (a) 2. b. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018.

SB21,1768,21 (d) One member under section 15.375 (1) (a) 2. c. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2017, and one member shall be appointed for a term expiring on May 1, 2019.

SB21,1768,23 (e) The member under section 15.375 (1) (a) 2. d. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2020.

SB21,1769,3 (f) One member under section 15.375 (1) (a) 3. of the statutes, as created by this act, shall be appointed for a term expiring on May 1, 2018, and one member shall be appointed for a term expiring on May 1, 2020.

SB21,1769,8 (2) Optional participation in cooperative educational service agencies. Notwithstanding section 116.065 (2) of the statutes, if a school board adopts a resolution to withdraw from a cooperative education service agency under section 116.065 (1) of the statutes, as affected by this act, by no later than 30 days after the effective date of this subsection, the resolution is effective July 1, 2015.

SB21,1769,16 (3) Enrollment in the statewide parental choice program in the 2015-16 school year. Neither the department of public instruction nor a participating private school may require a pupil who was awarded a slot in a participating private school under section 118.60 (3) (ar) of the statutes for the 2015-16 school year or was placed on a waiting list for a slot at a participating private school under section 118.60 (3) (ar) of the statutes for the 2015-16 school year to reapply to attend the private school in the 2015-16 school year under the parental choice program under section 118.60 of the statutes, as affected by this act.

SB21,1769,24 (4) September 2015 payment for incoming choice pupils in the Racine and statewide parental choice programs. The department of public instruction shall base the portion of the September payment under section 118.60 (4) (c) 1. of the statutes made for the 2015-16 school year that is for an incoming choice pupil under section 118.60 (4) (bk) of the statutes, as created by this act, on the amount the department estimates will be paid under section 118.60 (4) (bk) 2. of the statutes, as created by this act, in the 2015-16 school year using the most accurate data available.

SB21,1770,5 (5) Per pupil aid. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2017-19 biennial budget bill, the department of public instruction shall submit information concerning the appropriation under section 20.255 (2) (aq) of the statutes as though the amount of that appropriation for fiscal year 2016-17 was zero.

SB21,9135 Section 9135. Nonstatutory provisions; Public Lands, Board of Commissioners of.

SB21,9136 Section 9136. Nonstatutory provisions; Public Service Commission.

SB21,1770,16 (1) Wind energy health study. From the appropriation account under section 20.155 (1) (g) of the statutes for the 2015-16 fiscal year, the public service commission shall allocate no more than $250,000 to study health issues related to wind energy systems, as defined in section 66.0403 (1) (m) of the statutes. The study may consider, but not replicate, the surveys made by the wind siting council under section 196.378 (4g) (e) of the statutes. No later than the first day of the 13th month beginning after the effective date of this subsection, the commission shall submit a report on the study to the governor and to the legislature in the manner provided under section 13.172 (3) of the statutes.

SB21,9137 Section 9137. Nonstatutory provisions; Revenue.

SB21,9138 Section 9138. Nonstatutory provisions; Safety and Professional Services.

SB21,1770,19 (1) Transfer of prescription drug monitoring program.

SB21,1771,2 (a) Assets and liabilities. The assets and liabilities of the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program become the assets and liabilities of the controlled substances board on the effective date of this paragraph.

SB21,1771,7 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program is transferred to the controlled substances board.

SB21,1771,16 (c) Contracts. All contracts that were entered into by the pharmacy examining board, or by the department of safety and professional services on behalf of the pharmacy examining board, that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program, and that are in effect on the effective date of this paragraph, remain in effect and are transferred to the controlled substances board. The controlled substances board shall carry out any obligations under such a contract until the contract is modified or rescinded by the controlled substances board to the extent allowed under the contract.

SB21,1771,22 (d) Rules and orders. All rules promulgated, and all orders issued, by the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program, and that are in effect on the effective date of this paragraph, remain in effect until their specified expiration date or until modified, amended, rescinded, or repealed by the controlled substances board.

SB21,1772,3 (e) Pending matters. Any matter pending with the pharmacy examining board that the secretary of safety and professional services determines to be primarily related to the prescription drug monitoring program is transferred to the controlled substances board, and all materials submitted to or actions taken by the pharmacy examining board with respect to the pending matter are considered as having been submitted to or taken by the controlled substances board.

SB21,1772,6 (2) Agency name change. Wherever the term "safety and professional services" appears in any 2015 act or in the statutes, as affected by the acts of 2015, the term "financial institutions and professional standards" shall be substituted.

SB21,1772,7 (3) Elimination of the department of safety and professional services.

SB21,1772,11 (a) Assets and liabilities. Except as provided in subsection (4), on the effective date of this paragraph, the assets and liabilities of the department of safety and professional services become the assets and liabilities of the department of financial institutions and professional standards.

SB21,1772,17 (b) Positions and employees. Except as provided in subsection (4 ), on the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of safety and professional services, as determined by the secretary of administration, are transferred to the department of financial institutions and professional standards.

SB21,1772,23 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of financial institutions and professional standards that they enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21,1773,2 (d) Tangible personal property. Except as provided in subsection (4), on the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services is transferred to the department of financial institutions and professional standards.

SB21,1773,9 (e) Pending matters. Except as provided in subsection (4 ), any matter pending with the department of safety and professional services on the effective date of this paragraph is transferred to the department of financial institutions and professional standards. Except as provided in subsection (4 ), all materials submitted to or actions taken by the department of safety and professional services are considered as having been submitted to or taken by the department of financial institutions and professional standards.

SB21,1773,16 (f) Contracts. Except as provided in subsection (4 ), all contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph remain in effect and are transferred to the department of financial institutions and professional standards. The department of financial institutions and professional standards shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1773,24 (g) Rules and orders. Except as provided in subsection (4 ), all rules promulgated by the department of safety and professional services in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of financial institutions and professional standards. Except as provided in subsection (4), all orders issued by the department of safety and professional services in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of financial institutions and professional standards.

SB21,1773,25 (4) Transfer of private on-site wastewater treatment systems.

SB21,1774,5 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, become the assets and liabilities of the department of natural resources.

SB21,1774,11 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees in the classified service of the state civil service holding those positions in the department of safety and professional services with duties that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, are transferred to the department of natural resources.

SB21,1774,17 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under chapter 230 of the statutes in the department of natural resources that they enjoyed in the department of safety and professional services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB21,1774,22 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, is transferred to the department of natural resources.

SB21,1775,6 (e) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, is transferred to the department of natural resources. All materials submitted to or actions taken by the department of safety and professional services that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, are considered as having been submitted to or taken by the department of natural resources.

SB21,1775,13 (f) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect and are transferred to the department of natural resources. The department of natural resources shall carry out any obligations under those contracts unless modified or rescinded by that department to the extent allowed under the contract.

SB21,1775,23 (g) Rules and orders. All rules promulgated by the department of safety and professional services in effect on the effective date of this paragraph that relate to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of natural resources. All orders issued by the department of safety and professional services in effect on the effective date of this paragraph that relate to the regulation of private on-site wastewater treatment systems, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of natural resources.

SB21,1775,24 (5) Transfer of veterinary examining board.

SB21,1776,5 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of safety and professional services primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

SB21,1776,10 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of safety and professional services that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade, and consumer protection.

SB21,1776,18 (c) Contracts. All contracts entered into by the department of safety and professional services in effect on the effective date of this paragraph that are primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

SB21,1777,2 (d) Pending matters. Any matter pending with the department of safety and professional services on the effective date of this paragraph that is primarily related to the functions of the veterinary examining board, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of safety and professional services with respect to the pending matters are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

SB21,1777,8 (e) Fees. All fees for initial licenses, certifications, and other credentials, and for renewals of those licenses, certifications, and other credentials, under chapter 453 of the statutes that are in effect on the day before the effective date of this paragraph shall remain in effect until modified by the department of agriculture, trade and consumer protection under section 89.063 of the statutes, as created by this act.

SB21,9139 Section 9139. Nonstatutory provisions; Secretary of State.