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 Medical Assistance, 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.
Currently, DHS administers community-based, long-term care programs
including: the Family Care program which provides long-term care to frail elders
or adults with physical or developmental disabilities in certain counties; the
self-directed services option known as IRIS; the Community Options Program
(COP); and the Family Care Partnership Program (FCPP) and the Program of
All-Inclusive Care for the Elderly (PACE). In addition to long-term care services,
FCPP and PACE also provide primary and acute health care services.
Family Care currently operates under a waiver of federal Medicaid law and is
funded jointly by the federal government and the state MA program. A care
management organization (CMO) enrolls individuals in the Family Care program
and administers the Family Care benefit under a contract with DHS. DHS may
contract with a county, a long-term care district, a governing body of a tribe or band
or the Great Lakes Inter-Tribal Council, a joint association of those entities, or a
private organization to be a CMO.
The bill requires DHS to obtain the necessary federal approval to implement
changes to Family Care, FCPP, and PACE including all of the following changes:
eliminating long-term care districts; allowing DHS to add primary and acute health
care services to the Family Care benefit, allowing CMOs to provide services
statewide and not only in a specified geographic area; allowing DHS to contract with
any applicants that it certifies as meeting the requirements to be a CMO and
eliminates the requirement that DHS solicit proposals for contracts; generally
allowing Family Care enrollees to switch CMOs only in an open enrollment period;
and requiring administration of Family Care statewide. The bill eliminates the
separate IRIS program but specifies that individuals may self-direct their services
within the Family Care program. The bill also eliminates the requirement that
CMOs obtain a permit from OCI but specifies that when the Family Care program
begins to operate statewide CMOs are insurers and may be regulated as insurance
by OCI. Once Family Care operates statewide, DHS is allowed to discontinue
enrollment in certain other long-term care programs as specified in the bill.
Resource centers currently provide information and referral services among
other functions, including determining eligibility and assisting individuals to enroll
in a CMO. Currently, resource centers are required to provide all services specified
by law. The bill allows DHS to contract with a resource center or a private entity for
some or all of the services. The bill also eliminates the requirement that a resource
center has a governing board and eliminates the requirement to create long-term
care advisory committees.
COP is one of the programs that DHS may discontinue once Family Care is
available. The bill also creates a Children's Community Options Program
(Children's COP) that provides long-term community support services to
individuals up to age 22 who have a disability. Children who seek services are
assessed for Children's COP and a county department or private nonprofit agency
will create a case plan and arrange for services. The bill requires DHS to create a
scale for assessment of a fee for Children's COP based on ability to pay. DHS seeks
a waiver of federal Medicaid law to obtain federal funding for Children's COP. The
bill eliminates the Family Support Program.
Under current law, DHS must, after the start of each fiscal year, estimate the
total amount of its expenditures for department operations for that fiscal year. Based
on that estimate, DHS assesses certain health care providers for the estimated total
amount, less certain amounts received for administrative purposes. This bill
eliminates the authorization for DHS to charge assessments to health care
providers.
Other health and human services
The bill transfers oversight of restaurants, lodging, and recreation from DHS,
which currently regulates those areas, to DATCP. In addition, the bill transfers
oversight of tattooing, body piercing, and tanning from DHS to the new Department
of Financial Institutions and Professional standards.
Under current law, for cases in which the payee is receiving services under
DCF's child and spousal support and establishment of paternity and medical support
liability program or in which the state is a real party in interest as specified under
current law, DCF must certify to DOR, for purposes of collection through intercepting
state income tax refunds, delinquent payments of child support, family support,
maintenance, past support, medical expenses, birth expenses, and centralized
receipt and disbursement fees, which must be paid annually by persons who are
obligated to pay support or maintenance. This bill provides that DCF must also, at
least annually, certify to DOR delinquent payments of centralized receipt and
disbursement fees that are owed by all other persons not already subject to the
certifications.
Under current law, if a person who owes child support under a court order is
delinquent in the payment of support, the amount of the delinquent support is
entered on the statewide support lien docket and becomes a lien in favor of the DCF.
DCF may enforce the lien by sending a notice of levy to a financial institution at
which the person has an account. DCF may also send to a financial institution a
request from another state to enforce a child support lien in favor of the other state.
Under this bill, in addition to sending child support to another state to enforce the
other state's lien in response to a request sent by DCF, a financial institution is
required to honor a notice of levy or request to enforce a lien in favor of another state
that it receives directly from the other state.
Under current law, DWD assists individuals with disabilities in gaining
employment through its vocational rehabilitation (VR) program, which is funded
through a combination of state and federal matching dollars. In addition, DWD
receives certain moneys from the federal government as reimbursement for the fact
that individuals who gain employment with assistance from the VR program no
longer receive certain benefits from social security. DWD must allocate $600,000 of
those reimbursement dollars and, using the moneys so allocated, make grants to
independent living centers for providing nonresidential services to severely disabled
individuals. Also under current law, DHS must make general purpose revenue
(GPR)-funded grants to independent living centers for providing nonresidential
services to severely disabled individuals. An independent living center, in order to
receive a grant from either DWD or DHS, must comply with certain requirements
under state and federal law. Also, under federal law, states may receive financial
assistance for purposes including providing, expanding, and improving independent
living services.
This bill, instead of requiring that DWD allocate $600,000 in social security
reimbursement funds to provide these grants, requires DWD to transfer $600,000 of
those moneys to DHS and allows DHS to provide grants using those moneys, as well
as the federal independent living center financial assistance moneys.
Insurance
Under current law, a local governmental unit may insure its property in the
local government property insurance fund (fund), which is managed by the
commissioner of insurance and provides protection for the property insured in the
fund against fire and extended coverage perils. The bill provides that no new
coverage may be issued under the fund on or after July 1, 2015; no coverage may be
renewed after December 31, 2015; no coverage may extend beyond December 31,
2016; all claims must be filed by July 1, 2017, or they will not be covered under the
fund; and any moneys remaining after all fund operations cease will be distributed
among the local governmental units that were insured on July 1, 2015.
Justice
This bill requires DOJ to provide grants to state agencies, local units of
government, and private organizations to support the investigation, prosecution, or
prevention of crime; to enhance public safety; to facilitate information sharing
among jurisdictions and among agencies; to support crime victims; and to reduce
recidivism and crime. DOJ must consult with local law enforcement, district
attorneys, the secretary of corrections, the director of state courts, and the public
defender to develop a strategic plan for the grants.
This bill transfers, from DOA to DOJ, the state prosecutor office, which
provides administrative and legal support to district attorneys statewide.
The bill allows the attorney general to appoint, in the unclassified service of the
state civil service system, a solicitor general and up to three deputy solicitors general
and to assign assistant attorneys general to assist the solicitor general.
Under the bill, DOJ transfers a portion of the moneys it receives from a crime
laboratory surcharge and from a deoxyribonucleic acid analysis surcharge paid by
persons who commit certain offenses to the appropriation account that pays for crime
laboratory equipment.
local government
This bill creates a sports and entertainment district (district) with powers and
duties to facilitate the construction of a basketball arena, as well as other sports and
entertainment facilities (facilities), in a county with a population of more than
500,000 that has a first class city (collectively, local units) in which a professional
basketball team's home arena is currently located. Generally, the district is governed
by a board of nine members nominated by the governor and confirmed by of the
senate. Also under the bill, the county executive and mayor of a local unit may each
appoint one additional member to the board if the local unit provides funding to the
district.
Board members must be Wisconsin residents, have executive and managerial
experience, and may not be elective office holders or candidates for elective office.
The district may not incur debt or impose taxes and may operate and manage the
basketball arena and other facilities. The bill permits the Bradley Center Sports and
Entertainment Corporation, which currently owns the Bradley Center, to transfer
the ownership and debt of the Bradley Center to the district.
The bill authorizes the state to issue or contract $220,000,000 in appropriation
obligations to be used as a grant to assist a district in the construction of facilities,
including the acquisition or lease of property. Under the bill, the state may only
provide such a grant if the district has secured additional funding for the project in
an amount at least equal to $300,000,000.
Any lease between the team and the district for the use of the facilities must
provide that, if the team fails to fulfill its obligations under the lease, the team will
pay the state an amount that is sufficient to pay off the appropriation obligations.
Generally under current law, if a municipality (a city, village, or town) changes
its boundaries or its name, or if it changes status, the municipality must file a
certified copy of the change with the secretary of state. Depending on the type of
municipal action taken, the secretary of state may be required to notify other state
agencies and may be required to issue a certificate of incorporation to the
municipality. Under this bill, certified copies of such changes, and related
certificates of incorporation changes, must be filed with, and issued by, the secretary
of DOA.
Under current law, a person who is convicted of a crime is generally ordered to
pay various surcharges that fund a variety of programs related to criminal justice.
The bill creates a surcharge of $20 for each felony and misdemeanor that the clerk
of court forwards to the county treasurer, for retention in a crime prevention fund.
Moneys from the fund are distributed as grants at the direction of a crime prevention
funding board (CPFB).
Under the bill, a CPFB is created in every county whose treasurer receives
funds from the surcharge. Each CPFB consists of seven members, who serve for a
term that is determined by the CPFB: the presiding judge of the circuit court, or his
or her designee; the district attorney, or his or her designee; the sheriff, or his or her
designee; the county executive, county administrator, or county board chairperson,
or his or her designee; the chief elected official of the city, village, or town with the
largest population in the county, or his or her designee; a person chosen by a majority
vote of the top law enforcement officials of the departments that are located in the
county; and a person chosen by the county's public defender's office. Members of a
CPFB may be reimbursed for expenses but may not receive any other compensation.
A CPFB may solicit grant applications from certain specified entities and may
award grants to such entities. At least one-half of the funds must go to one or more
private, nonprofit organizations that has as its primary purpose preventing crime,
providing a funding source for crime prevention programs, encouraging the public
to report crime, or assisting law enforcement agencies in the apprehension of
criminal offenders. A CPFB may direct that the rest of the funds be distributed to
a law enforcement agency that has a crime prevention fund, if the contribution is
credited to the crime prevention fund and is used for crime prevention purposes.
The bill requires that a CPFB and any entity that receives a grant from a CPFB
must submit an annual report to certain specified entities detailing the amounts
spent, the purposes for which the grants were spent, and contact information for the
entity and the entity's leaders. The reports must be distributed to the clerk of court
for the county that distributed the funds, the county board, and the governing bodies
of the cities, villages, and towns in the county.
Under current law, DOR may enter into debt collection agreements with the
courts and local units of government. This bill specifies that a county board may
enter into a debt collection agreement with DOR.
Under current law, a city, village, town, or county (political subdivision) may
establish a lean program to increase the value of the goods and services the political
subdivision provides with the fewest possible resources and may contract with a
business to help the political subdivision in establishing its lean program. This bill
repeals the lean program for political subdivisions.
This bill directs each municipal clerk to, no later than October 15 of each year
following the year of a federal decennial census, transmit to the county clerk a report
confirming the boundaries of the municipality and each ward within the
municipality. Under the bill, the report must be accompanied by a map showing the
municipal and ward boundaries and a list of the census block numbers of which the
municipality and each ward within the municipality are comprised.
The bill also directs each county clerk to biennially transmit to the Legislative
Technology Services Bureau (LTSB), in an electronic format approved by LTSB, a
report confirming the boundaries of each municipality and each ward and
supervisory district within the county. Upon receipt of the information from each
county clerk at each reporting interval, LTSB must reconcile and compile the
information received into a statewide data base consisting of municipal boundary
information for the entire state.
military affairs
This bill creates an Office of Continuity of Government (office) in DOA. The bill
requires the office to consult with the administrator of the Division of Emergency
Management in DMA to establish and administer a program to ensure the continuity
of government operations during a disaster. The office must establish and help
administer a continuity of operations plan for each agency or other body in the
executive branch of state government, unless the office delegates that responsibility
to the state agency.
natural resources
Governance
Under current law, the Natural Resources Board (board) is the policy-making
entity for DNR. The board approves DNR's rules, sells land, and appoints high-level
staff. This bill transfers this authority from the board to the secretary of natural
resources and changes the board to a council, which is an advisory body.
Forestry
This bill requires DNR to develop a plan to move the headquarters of the
Division of Forestry from the city of Madison to a northern Wisconsin location,
including a description of the costs of relocating the headquarters, a timeline for
implementing the relocation, and a list of location options.
Under current law, DNR is required to award cost-sharing urban forestry
grants to local governments and certain other entities for activities relating to trees
and tree projects in urban areas (cost-sharing urban forestry grants). DNR may also
award urban forestry grants (discretionary urban forestry grants) to certain entities
for cost relating to trees that have been damaged by storms. This bill eliminates
DNR's authority to award discretionary urban forestry grants. The bill also limits
the purposes for which DNR may award cost-sharing urban forestry grants.
Under the Managed Forest Land Program administered by DNR, the owner of
a parcel of land designated as managed forest land (MFL) makes an annual acreage
share payment that is lower than, and in lieu of, the property taxes that normally
would be payable on the land. In exchange, the owner must comply with the terms
of a management plan approved by DNR.
This bill provides that, if timber cutting is required under the terms of an MFL
management plan, the owner is not required to obtain DNR approval of the cutting
if prior notice is provided to DNR by a cooperating forester.
Other natural resources
Current law authorizes the state to incur public debt for certain conservation
activities under the Warren Knowles-Gaylord Nelson Stewardship 2000 Program
(stewardship program), which is administered by DNR. The state may incur this
debt to acquire land for the state for conservation purposes and for property
development activities and may award grants to others to acquire lands for these
purposes.
The stewardship program consists of five subprograms. This bill prohibits
DNR from obligating amounts under the land acquisition subprogram beginning in
fiscal year 2015-16 if the general fund annual debt service under the stewardship
program exceeds $54,305,700.
Current law requires DNR to set aside certain amounts under the property
development and local assistance subprogram to be obligated for the purpose of
infrastructure improvements to the Kettle Moraine Springs fish hatchery. This bill
requires DNR to set aside an additional $7,000,000 in fiscal year 2016-17 and an
additional $7,000,000 in fiscal year 2017-18 for this purpose.
Current law authorizes DNR to contract public debt to fund a dam safety
program. DNR has bonding authority for the program of up to $17,500,000, the debt
service on which is paid from the general fund. DNR also has additional bonding
authority under the program of up to $6,600,000, the debt service on which is paid
from the conservation fund. This bill increases DNR's bonding authority, the debt
service on which is paid from the general fund, by $4,000,000.
This bill increases certain fees for vehicle admission receipts, which a vehicle
must display to enter any state park or certain other properties under the
jurisdiction of DNR. This bill also increases the nightly fees for use of a campsite in
a state park, state forest, or other lands under the jurisdiction of DNR.
Under current law, DNR administers various grant and financial assistance
programs. This bill eliminates the following:
1. A program that provides annual grants to nonprofit corporations for certain
urban open space objectives.
2. A program that provides grants to nonprofit corporations that conduct
activities related to the ice age trail.
3. Funding for interpretive programming at the Northern Great Lakes Center.
4. Two programs that provide grants to nonprofit corporations to conduct
various conservation activities.
5. Funding for the operational costs of the Florence Wild Rivers Interpretive
Center.
6. A program to award contracts to nonprofit corporations to assist nonprofit
river management organizations.
7. A program to award contracts to nonprofit corporations for lake classification
and management projects.
8. Funding to repair the Fox River navigational system.
9. A program to award grants to counties to fund a percentage of the salary of
a professional forester.
10. Funding for a forestry and fire prevention study.
11. A program to provide grants certification for master logger certification or
logger safety training.
12. A program to award grants to a nonprofit organization to provide education
on hunting, fishing, and trapping and to establish programs to recruit persons to
engage in those activities.
13. A program to award grants to promote the safe operation of all-terrain
vehicles.
Retirement and group insurance
Currently, state employees may receive health care coverage under Group
Insurance Board plans and qualify for employer contributions toward the payment
of their health insurance premiums depending on the number of hours they are
employed during the year. This bill permits state employees to be paid an annual
stipend of $2,000 in lieu of health insurance coverage.
This bill increases the terms of appointed members of the Group Insurance
Board from two years to four years, expiring on May 1 of the odd-numbered years.
safety and professional services
Elimination of DSPS
Under current law, DSPS and the various boards and councils attached to
DSPS regulate professional licensure and buildings and safety in Wisconsin.
Effective January 1, 2016, this bill eliminates DSPS and transfers all of its functions
to DFIPS. The bill attaches to DFIPS the various boards and councils attached to
DSPS under current law.
Professional licensure
Under current law, the licensure period for most credentials issued by DSPS or
a credentialing board under DSPS is two years, with renewal dates in either the
odd-numbered or even-numbered year.
This bill instead provides that the licensure period for most credentials is four
years, staggered so that the actual renewal dates for credential holders who have
even-numbered birth years are two years apart from the renewal dates for
credential holders who have odd-numbered birth years. The bill also provides that
the change from two-year to four-year credential periods may be phased in over
time.
Under current law, the Veterinary Examining Board (board) regulates the
practice of veterinarians and veterinary technicians in Wisconsin. Currently, the
board is under the umbrella of DSPS. This bill transfers the board to the DATCP.
Current law requires the Pharmacy Examining Board (PEB) to establish by
rule and administer a prescription drug monitoring program (PDMP). The PDMP
requires pharmacies and physicians or other practitioners to generate a record
documenting each dispensing of a prescription drug by the pharmacy or practitioner
that is covered by the PDMP, generally a controlled substance or other drug the PEB
identifies as having a substantial potential for abuse. Among other requirements,
the pharmacy or practitioner must deliver records generated under the PDMP to the
PEB. This bill transfers the PDMP to the Controlled Substances Board (CSB),
which, like the PEB, is attached to DSPS.
The bill also adds all of the following members to the current membership of the
CSB:
1. The chairperson of the Medical Examining Board or his or her designee.
2. The chairperson of the Dentistry Examining Board or his or her designee.
3. The chairperson of the Board of Nursing or his or her designee.
The bill also specifies that the PEB may disclose a record generated under the
PDMP to law enforcement agencies, including under circumstances indicating
suspicious or critically dangerous conduct or practices of a pharmacy, pharmacist,
practitioner, or patient.
Current law further requires the PEB to specify by rule the discipline for failure
to comply with the PDMP. Under the bill, those rules must permit the board to refer
to the appropriate board for discipline, or the appropriate law enforcement agency
for investigation and possible prosecution, a pharmacist, pharmacy, or practitioner
that fails to comply with the PDMP.
Buildings and safety
This bill transfers DSPS's responsibilities with respect to administration of the
laws regulating private on-site wastewater treatment systems (POWTS) to DNR
and eliminates a program to provide grants to individuals and businesses who are
served by failing POWTS.
This bill further transfers $21,000,000 from the petroleum inspection fund to
the transportation fund in each year of the fiscal biennium.
state government
State finance
This bill increases the amount of state public debt to refund any unpaid
indebtedness used to finance tax-supported or self-amortizing facilities from
$3,785,000,000 to $5,285,000,000.
The bill extends into the 2016-17 fiscal year a lapse requirement imposed for
most state agencies during the 2013-15 fiscal biennium. Under the bill, the
secretary of administration must lapse moneys to the general fund from executive
branch state agency general purpose revenue and program revenue appropriations.
