SB887: Bill Text

SB887,127,4 (h) The department shall grant a petition if the department concludes, on the basis of secondary documentation or other corroborating information, that it is more likely than not that the name, date of birth, and U.S. citizenship provided in the application is correct.

SB887,183 Section 183 . 343.50 (1) (c) of the statutes is renumbered 343.50 (1) (c) 1. and amended to read:

SB887,127,13 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an identification card, and shall issue a receipt to an applicant requesting an identification card under sub. (5) (a) 3., which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7) or (8), the receipt shall include the marking specified in sub. (3) (b).

SB887,184 Section 184 . 343.50 (1) (c) 2. of the statutes is created to read:

SB887,127,16 343.50 (1) (c) 2. If the department issues a receipt to an applicant petitioning the department under s. 343.165 (8), all of the following apply:

SB887,128,11 a. The department shall issue the receipt not later than the 6th working day after the person made the petition and shall deliver the receipt by 1st class mail, except that if a petition is filed or revived within 7 days before or 2 days after a statewide election the department shall issue a receipt not later than 24 hours after the petition is filed or revived and shall deliver the receipt by overnight or next-day mail. The department shall issue a new receipt to the person not later than 10 days before the expiration date of the prior receipt, and having a date of issuance that is the same as the expiration date of the prior receipt. The department shall issue no receipt to a person after the denial of a petition under s. 343.165 (8), unless the person revives an investigation. The department shall continue to reissue identification card receipts to a person unless the department cancels the identification card receipt upon the circumstances specified in sub. (10), upon the issuance of an operator's license or identification card to the person, upon the person's request, upon the denial of the application, upon return to the department of a receipt as nondeliverable, upon the person's failure to contact the department to discuss the petition for a period of 180 days or more, or whenever the department receives information that prohibits issuance of an identification card under sub. (1) (c). The department shall require the person to take a photograph prior to reissuing an identification card receipt if the photograph of the person on file with the department is 8 or more years old.

SB887,128,21 b. An identification card receipt issued under this subdivision shall constitute a temporary identification card while the application is being processed under s. 343.165 (8) and shall be valid for a period not to exceed the period specified in sub. (1) (c). The department shall clearly mark the receipt “FOR VOTING PURPOSES ONLY" as validated for use for voting as provided in ss. 5.02 (6m) (d) and 6.79 (2) (a). A receipt issued under this subsection shall contain the information specified under s. 343.17 (3), including the date of issuance, the expiration date, the name and signature of the person to whom it was issued, and, except as authorized in sub. (4g), a photograph of the individual to whom it was issued, and may contain such further information as the department deems necessary.

SB887,128,24 c. The department shall issue a replacement identification card receipt under subd 1. a. upon request of the person to whom it is issued if the receipt is lost or destroyed.

SB887,129,6 d. Notwithstanding subd. 2. a., the department shall cancel or refuse to issue an identification card receipt under this subsection upon the circumstances specified in sub. (10), upon the issuance of an operator's license or identification card to the person, upon the person's request, upon the denial of the application, upon return to the department of a receipt as nondeliverable, or whenever the department receives information that prohibits issuance of an identification card under subd. 1.

SB887,129,13 e. Whenever any person, after receiving an identification card receipt under this subdivision, moves from the address named in the application or in the receipt issued to him or her or is notified by the local authorities or by the postal authorities that the address so named has been changed, the person shall, within 30 days, notify the department of his or her change of address. Upon receiving a notice of change of address, the department shall promptly issue a new receipt under subd. 2. a. showing the correct address and having the expiration date of the prior receipt.

SB887,185 Section 185 . 343.50 (3) (b) of the statutes is amended to read:

SB887,129,18 343.50 (3) (b) If an identification card is issued based upon the exception specified in s. 343.165 (7) or (8), the card shall, in addition to any other required legend or design, be of the design specified under s. 343.17 (3) (a) 14. and include a marking similar or identical to the marking described in s. 343.03 (3r).

SB887,186 Section 186 . 343.50 (3) (c) of the statutes is created to read:

SB887,130,5 343.50 (3) (c) 1. Notwithstanding par. (a), the department may issue an identification card bearing a name other than the name that appears on a supporting document if the person provides evidence acceptable to the department that the person has used the name in a manner that qualifies the name as being legally changed under the common law of Wisconsin, including evidence of the person's prior name, changed name, the length of time the person has consistently and continuously used the changed name, an affirmation that the person no longer uses the prior name, and an affirmation that the person did not change his or her name for a dishonest or fraudulent purpose or to the injury of any other person. The department shall mark an identification card issued under this subdivision in the manner described in s. 343.03 (3r).

SB887,130,8 2. Notwithstanding par. (a), the department shall approve a name change requested by a person who cannot provide supporting documentation of a lawful change of name but who does one of the following:

SB887,130,11 a. Provides proof of identity in the new name, and the department receives from the federal social security administration evidence or confirmation of the name change.

SB887,130,13 b. Applies for an identification card and provides an affidavit declaring all facts required under subd. 1. to prove a name change under the common law of Wisconsin.

SB887,187 Section 187 . 601.83 (1) (a) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

SB887,131,4 601.83 (1) (a) Subject to par. (b), the The commissioner shall administer a state-based reinsurance program known as the healthcare stability plan in accordance with the specific terms and conditions approved by the federal department of health and human services dated July 29, 2018. Before December 31, 2023, the commissioner may not request from the federal department of health and human services a modification, suspension, withdrawal, or termination of the waiver under 42 USC 18052 under which the healthcare stability plan under this subchapter operates unless legislation has been enacted specifically directing the modification, suspension, withdrawal, or termination. Before December 31, 2023, the commissioner may request renewal, without substantive change, of the waiver under 42 USC 18052 under which the health care stability plan operates in accordance with s. 20.940 (4) unless legislation has been enacted that is contrary to such a renewal request. The commissioner shall comply with applicable timing in and requirements of s. 20.940.

SB887,188 Section 188 . 601.83 (1) (b) of the statutes, as created by 2017 Wisconsin Act 138, is repealed.

SB887,189 Section 189 . 601.83 (1) (g) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

SB887,131,21 601.83 (1) (g) The commissioner may promulgate any rules necessary to implement the healthcare stability plan under this section, except that any rules promulgated under this paragraph shall seek to maximize federal funding for the healthcare stability plan and shall comply with this section and with the approval by the federal department of health and human services dated July 29, 2018. The commissioner may promulgate rules necessary to implement this section as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. An emergency rule promulgated by the commissioner under this paragraph before January 1, 2019, remains in effect until it is superseded by a subsequent permanent rule.

SB887,190 Section 190 . 601.83 (1) (h) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

SB887,132,5 601.83 (1) (h) In 2019 and in each subsequent year, the commissioner may expend no more than $200,000,000 from all revenue sources for the healthcare stability plan under this section, unless the joint committee on finance under s. 13.10 has increased this amount upon request by the commissioner. The commissioner shall ensure that sufficient funds are available for the healthcare stability plan under this section to operate as described in the approval of the federal department of health and human services dated July 29, 2018.

SB887,191 Section 191 . 601.83 (1) (i) of the statutes is created to read:

SB887,132,10 601.83 (1) (i) The commissioner shall complete and submit any reports, provide any information, and participate in any oversight activities required by the federal department of health and human services to implement and maintain the healthcare stability plan under this subchapter.

SB887,192 Section 192 . 601.85 (4) of the statutes, as created by 2017 Wisconsin Act 138, is repealed.

SB887,193 Section 193 . 801.50 (3) (b) of the statutes is amended to read:

SB887,132,15 801.50 (3) (b) All actions relating to the validity or invalidly of a rule or guidance document shall be venued as provided in s. 227.40 (1).

SB887,194 Section 194. 803.09 (2m) of the statutes is created to read:

SB887,132,22 803.09 (2m) When a party to an action challenges in state or federal court the constitutionality of a statute, facially or as applied, or challenges a statute as violating or preempted by federal law, as part of a claim or affirmative defense, the assembly, the senate, and the state legislature may intervene at any time in the action as a matter of right by serving a motion upon the parties as provided in s. 801.14.

SB887,195 Section 195. 806.04 (11) of the statutes is amended to read:

SB887,134,11 806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the attorney general shall also be served with a copy of the proceeding and, except as provided under this subsection, be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the state. In an action involving the constitutionality of a statute, or challenging a statute as violating or preempted by federal law, if the joint committee on legislative organization determines at any time that the interests of the state will be best represented by special counsel appointed by the legislature, it shall appoint special counsel to represent state defendants and act instead of the attorney general and the attorney general may not participate in the action. Special counsel appointed under this subsection shall have the powers of the attorney general with respect to the litigation to which special counsel has been appointed. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction or application of any provision of ch. 13, 20, 111, 227 or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization or the assembly committee on organization may intervene as a party to the proceedings and be heard.

SB887,196 Section 196. 809.13 of the statutes is amended to read:

SB887,134,17 809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1) or, (2), or (2m).

SB887,197 Section 197 . Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

SB887,134,20 CHAPTER 893

SB887,135,2 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS AND EMPLOYEES; ACTIONS ALLEGING A STATUTE IS UNCONSTITUTIONAL OR OTHERWISE INVALID

SB887,198 Section 198. 893.825 of the statutes is created to read:

SB887,135,8 893.825 Actions alleging a statute is unconstitutional or in violation of or preempted by federal law. (1) In an action in which a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the attorney general shall be served with a copy of the proceeding and, except as provided in sub. (2), is entitled to represent the state and be heard.

SB887,135,13 (2) In an action in which a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding and the assembly, the senate, and the joint committee on legislative organization are entitled to be heard.

SB887,199 Section 199 . 2017 Wisconsin Act 59, section 9145 (4w) is repealed.

SB887,200 Section 200. Nonstatutory provisions.

SB887,135,19 (1) Requirements for existing childless adults Medical Assistance recipients. Notwithstanding the requirement in s. 49.45 (23b) to begin as soon as practicable after October 31, 2018, all of the following apply to the demonstration project under s. 49.45 (23) and (23b):

SB887,135,25 (a) The 48-month eligibility period for current recipients of Medical Assistance under s. 49.45 (23) who are not participating in an activity that qualifies as a community engagement activity begins no sooner than October 31, 2019, or no sooner than the first of the month when the eligibility of a recipient has been established, if all beneficiaries who will be subject to the community engagement activity requirement have been adequately notified.

SB887,136,2 (b) The requirement for current recipients of Medical Assistance under s. 49.45 (23) to complete a health risk assessment applies no sooner than October 31, 2019.

SB887,136,3 (2) Implementation of childless adult demonstration project.

SB887,136,20 (a) The department of health services shall implement the childless adults demonstration project reforms in accordance with s. 49.45 (23b) by no later than November 1, 2019. If the department of health services is unable to fully implement the project reforms by November 1, 2019, the department may request from the joint committee on finance an extension not to exceed 90 days in a written submission that includes a report on the progress toward implementation of the project and the reason an extension is needed. If the cochairpersons of the joint committee on finance do not notify the department of health services within 14 working days after the date of the request for an extension under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the extension request, the extension is considered granted. If, within 14 working days after the date of the request for an extension under this paragraph, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the extension request, the department may consider the extension granted only upon approval by the committee. The department of health services may request additional extensions under the procedure under this paragraph.

SB887,137,4 (b) If the joint committee on finance determines that the department of health services has not complied with the deadline under par. (a), has not made sufficient progress in implementing s. 49.45 (23b), or has not complied with s. 20.940 (3) (c) in relation to the implementation of s. 49.45 (23b), the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the department of health services's appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the department of health services related to the Medical Assistance program. The procedures under s. 13.10 do not apply to this paragraph.

SB887,137,10 (3) Wisconsin healthcare stability plan 2019 payment parameters. Notwithstanding 2017 Wisconsin Act 138, section 11 (1), for the 2019 benefit year, the commissioner of insurance shall set as payment parameters for the healthcare stability plan under subch. VII of ch. 601 an attachment point of $50,000, a coinsurance rate of 50 percent, and a reinsurance cap of $250,000. The commissioner of insurance may not adjust the payment parameters for the 2019 benefit year.

SB887,137,16 (4) Drug testing and treatment implementation deadline. The department of health services shall implement the substance abuse screening, testing, and treatment under s. 49.791 by no later than October 1, 2019, and before implementation shall comply with s. 20.940 (3) (c) as if the screening, testing, and treatment under s. 49.791 is a request approved on the effective date of this subsection.

SB887,137,23 (5) Requests for appropriation transfers. During the 2018-19 fiscal year, the department of workforce development may submit to the joint committee on finance one or more requests to transfer moneys from the appropriation account under s. 20.445 (1) (b) to the appropriation accounts under s. 20.445 (1) (dg) and (e) for the purpose of funding the grant programs under ss. 106.13 (3m) and 106.272. If the committee approves a request in whole or in part, the committee may transfer moneys without making any of the findings required under s. 13.101 (4).

SB887,138,7 (6) Intervention by assembly, senate, and joint committee on legislative organization. The assembly, senate, and joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) in any litigation pending in state or federal court on the effective date of this subsection. If the joint committee on legislative organization intervenes and appoints special counsel to represent state defendants as set forth under s. 806.04 (11) or 893.825, the attorney general shall notify the court of the substitution of counsel by special counsel appointed by the joint committee on legislative organization to represent the state defendants and may not participate in the action.

SB887,138,13 (7) WEDC; staggering of initial terms. Notwithstanding the length of terms specified for the members of the board of directors of the Wisconsin Economic Development Corporation under s. 238.02 (1), the initial members appointed by the speaker and minority leader of the assembly and the majority leader and minority leader of the senate beginning on the effective date of this subsection shall be appointed for terms expiring as follows:

SB887,138,15 (a) The terms of 2 members appointed by the speaker of the assembly and 2 members appointed by the senate majority leader shall expire on October 1, 2020.

SB887,138,19 (b) The terms of 2 members appointed by the speaker of the assembly, the member appointed by the assembly minority leader, 2 members appointed by the senate majority leader, and the member appointed by the senate minority leader, shall expire on October 1, 2022.

SB887,138,21 (c) The terms of one member appointed by the speaker of the assembly and one member appointed by the senate majority leader shall expire on October 1, 2024.

SB887,139,2 (8) WEDC; current board members. The members of the board of directors of the Wisconsin Economic Development Corporation serving at the pleasure of the speaker of the assembly and senate majority leader on the day before the effective date of this subsection shall continue to serve at pleasure pending the appointment of members under sub. (7 ), but may not serve after January 6, 2019, unless appointed under sub. (7).

SB887,139,7 (9) Individual income tax rates. The secretary of administration shall exclude from the calculation under s. 16.518 (2) all additional revenue deposited in the general fund in the 2018-19 fiscal year that is attributable to an increase in the sales and use taxes reported under s. 73.03 (71), as determined by the secretary of administration in consultation with the department of revenue.

SB887,201 Section 201. Fiscal changes.

SB887,139,12 (1) Settlement funds. Notwithstanding s. 20.001 (3) (c), from the appropriation account under s. 20.455 (3) (g), on the effective date of this subsection, there is lapsed to the general fund the unencumbered balance of any settlement funds in that appropriation account, as determined by the attorney general.

SB887,139,17 (2) Office of solicitor general positions. In the schedule under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (1) (gh), the dollar amount for fiscal year 2018-19 is decreased by $320,000 to decrease the authorized FTE positions for the department by 1.0 PR solicitor general position and 3.0 PR deputy solicitor general positions on January 1, 2019.

SB887,139,21 (3) Workforce development; workforce training appropriation decrease. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (b), the dollar amount for fiscal year 2018-19 is decreased by $7,345,900.

SB887,139,25 (4) Department of justice gifts and grants. Notwithstanding s. 20.001 (2) (b), any moneys encumbered under the appropriation accounts under s. 20.455 (2) (gb) and (3) (g) before the effective date of this subsection may be expended pursuant to the terms of the encumbrance.

SB887,202 Section 202 . Initial applicability.

SB887,140,5 (1) Agency publications. The treatment of s. 227.05 with respect to printed publications first applies to guidance documents, forms, pamphlets, or other informational materials that are printed 60 days after the effective date of this subsection.

SB887,140,8 (2) Group insurance board. The treatment of s. 15.07 (1) (b) 24. first applies to a member of the group insurance board who is appointed by the governor on the effective date of this subsection.

SB887,140,13 (3) Gubernatorial approvals of proposed rules. The treatment of ss. 227.135 (3), 227.185, and 227.24 (1) (e) 1d. and 1g., the renumbering and amendment of s. 227.135 (2), and the creation of s. 227.135 (2) (a) 2. first apply to a proposed rule or emergency rule whose statement of scope is submitted to the legislative reference bureau for publication under s. 227.135 (3) on the effective date of this subsection.

SB887,140,16 (4) Final decisions in contested cases. The treatment of ss. 227.46 (1) (h), (2), (2m), (3) (a) and (8) and 227.47 (1) and (3) first applies to requests for hearings made on the effective date of this subsection.

SB887,140,25 (5) Pass-through entities. The treatment of ss. 71.05 (6) (a) 14. and (10) (dm), 71.07 (7) (c), 71.21 (6), 71.36 (1), 71.365 (4m), and 71.775 (3) (a) 4., the renumbering and amendment of ss. 71.07 (7) (b) and 71.365 (1), and the creation of ss. 71.07 (7) (b) 3. and 71.365 (1) (b) first apply to taxable years beginning on January 1, 2019, except that the treatment of ss. 71.05 (6) (a) 14. and (10) (dm), 71.07 (7) (c), 71.21 (6), 71.36 (1), 71.365 (4m), and 71.775 (3) (a) 4., the renumbering and amendment of ss. 71.07 (7) (b) and 71.365 (1), and the creation of ss. 71.07 (7) (b) 3. and 71.365 (1) (b) first apply to taxable years beginning on January 1, 2018, for tax-option corporations.

SB887,141,2 (6) Requirements for highway projects. The treatment of ss. 84.54 and 86.51 first applies to projects let and aid disbursed on the effective date of this subsection.

SB887,203 Section 203 . Effective dates. This act takes effect on the day after publication, except as follows:

SB887,141,6 (1) Highway funding transfers. The treatment of s. 20.395 (2) (fq) and Section 199 of this act take effect on July 1, 2019.

SB887,141,8 (2) Requirements for highway projects. The treatment of ss. 84.54 and 86.51 and Section 202 (6) of this act take effect on July 1, 2019.

SB887,141,10 (3) Agency publications. The treatment of s. 227.05 and Section 202 (1 ) takes effect on the first day of the 7th month beginning after publication.

SB887,141,12 (4) Wisconsin healthcare stability plan. The treatment of s. 601.85 (4) takes effect on December 31, 2018.

SB887,141,13 (End)