SB887,132,2217
803.09
(2m) When a party to an action challenges in state or federal court the
18constitutionality of a statute, facially or as applied, or challenges a statute as
19violating or preempted by federal law, as part of a claim or affirmative defense, the
20assembly, the senate, and the state legislature may intervene at any time in the
21action as a matter of right by serving a motion upon the parties as provided in s.
22801.14.
SB887,195
23Section
195. 806.04 (11) of the statutes is amended to read:
SB887,134,1124
806.04
(11) Parties. When declaratory relief is sought, all persons shall be
25made parties who have or claim any interest which would be affected by the
1declaration, and no declaration may prejudice the right of persons not parties to the
2proceeding. In any proceeding which involves the validity of a municipal ordinance
3or franchise, the municipality shall be made a party, and shall be entitled to be heard.
4If a statute, ordinance or franchise is alleged to be unconstitutional,
or to be in
5violation of or preempted by federal law, the attorney general shall also be served
6with a copy of the proceeding and
, except as provided under this subsection, be
7entitled to be heard.
If a statute is alleged to be unconstitutional, or to be in violation
8of or preempted by federal law, the speaker of the assembly, the president of the
9senate, and the senate majority leader shall also be served with a copy of the
10proceeding, and the assembly, the senate, and the state legislature are entitled to be
11heard. If the assembly, the senate, or the joint committee on legislative organization
12intervenes as provided under s. 803.09 (2m), the assembly shall represent the
13assembly, the senate shall represent the senate, and the joint committee on
14legislative organization shall represent the state. In an action involving the
15constitutionality of a statute, or challenging a statute as violating or preempted by
16federal law, if the joint committee on legislative organization determines at any time
17that the interests of the state will be best represented by special counsel appointed
18by the legislature, it shall appoint special counsel to represent state defendants and
19act instead of the attorney general and the attorney general may not participate in
20the action. Special counsel appointed under this subsection shall have the powers
21of the attorney general with respect to the litigation to which special counsel has been
22appointed. In any proceeding under this section in which the constitutionality,
23construction or application of any provision of ch. 227, or of any statute allowing a
24legislative committee to suspend, or to delay or prevent the adoption of, a rule as
25defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for
1review of administrative rules shall be served with a copy of the petition and, with
2the approval of the joint committee on legislative organization, shall be made a party
3and be entitled to be heard.
In any proceeding under this section in which the
4constitutionality, construction or application of any provision of ch. 13, 20, 111, 227
5or 230 or subch. I, III or IV of ch. 16 or s. 753.075, or of any statute allowing a
6legislative committee to suspend, or to delay or prevent the adoption of, a rule as
7defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on
8legislative organization shall be served with a copy of the petition and the joint
9committee on legislative organization, the senate committee on organization or the
10assembly committee on organization may intervene as a party to the proceedings and
11be heard.
SB887,196
12Section
196. 809.13 of the statutes is amended to read:
SB887,134,17
13809.13 Rule (Intervention). A person who is not a party to an appeal may
14file in the court of appeals a petition to intervene in the appeal. A party may file a
15response to the petition within 11 days after service of the petition. The court may
16grant the petition upon a showing that the petitioner's interest meets the
17requirements of s. 803.09 (1)
or, (2)
, or (2m).
SB887,197
18Section 197
. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the
19statutes is amended to read:
SB887,134,2020
CHAPTER 893
SB887,135,221
SUBCHAPTER VIII
22
CLAIMS AGAINST GOVERNMENTAL
23
BODIES, OFFICERS AND EMPLOYEES
;
24
ACTIONS ALLEGING A STATUTE IS
1UNCONSTITUTIONAL OR
2
OTHERWISE INVALID
SB887,198
3Section
198. 893.825 of the statutes is created to read:
SB887,135,8
4893.825 Actions alleging a statute is unconstitutional or in violation of
5or preempted by federal law. (1) In an action in which a statute is alleged to be
6unconstitutional, or to be in violation of or preempted by federal law, the attorney
7general shall be served with a copy of the proceeding and, except as provided in sub.
8(2), is entitled to represent the state and be heard.
SB887,135,13
9(2) In an action in which a statute is alleged to be unconstitutional, or to be in
10violation of or preempted by federal law, the speaker of the assembly, the president
11of the senate, and the senate majority leader shall also be served with a copy of the
12proceeding and the assembly, the senate, and the joint committee on legislative
13organization are entitled to be heard.
SB887,200
15Section
200.
Nonstatutory provisions.
SB887,135,1916
(1)
Requirements for existing childless adults Medical Assistance
17recipients. Notwithstanding the requirement in s. 49.45 (23b) to begin as soon as
18practicable after October 31, 2018, all of the following apply to the demonstration
19project under s. 49.45 (23) and (23b):
SB887,135,2520
(a) The 48-month eligibility period for current recipients of Medical Assistance
21under s. 49.45 (23) who are not participating in an activity that qualifies as a
22community engagement activity begins no sooner than October 31, 2019, or no
23sooner than the first of the month when the eligibility of a recipient has been
24established, if all beneficiaries who will be subject to the community engagement
25activity requirement have been adequately notified.
SB887,136,2
1(b) The requirement for current recipients of Medical Assistance under s. 49.45
2(23) to complete a health risk assessment applies no sooner than October 31, 2019.
SB887,136,33
(2)
Implementation of childless adult demonstration project.
SB887,136,204
(a) The department of health services shall implement the childless adults
5demonstration project reforms in accordance with s. 49.45 (23b) by no later than
6November 1, 2019. If the department of health services is unable to fully implement
7the project reforms by November 1, 2019, the department may request from the joint
8committee on finance an extension not to exceed 90 days in a written submission that
9includes a report on the progress toward implementation of the project and the
10reason an extension is needed. If the cochairpersons of the joint committee on finance
11do not notify the department of health services within 14 working days after the date
12of the request for an extension under this paragraph that the committee has
13scheduled a meeting for the purpose of reviewing the extension request, the
14extension is considered granted. If, within 14 working days after the date of the
15request for an extension under this paragraph, the cochairpersons of the committee
16notify the department of health services that the committee has scheduled a meeting
17for the purpose of reviewing the extension request, the department may consider the
18extension granted only upon approval by the committee. The department of health
19services may request additional extensions under the procedure under this
20paragraph.
SB887,137,421
(b) If the joint committee on finance determines that the department of health
22services has not complied with the deadline under par. (a), has not made sufficient
23progress in implementing s. 49.45 (23b), or has not complied with s. 20.940 (3) (c) in
24relation to the implementation of s. 49.45 (23b), the joint committee on finance may
25reduce from moneys allocated for state operations or administrative functions the
1department of health services's appropriation or expenditure authority, whichever
2is applicable, or change the authorized level of full-time equivalent positions for the
3department of health services related to the Medical Assistance program. The
4procedures under s. 13.10 do not apply to this paragraph.
SB887,137,105
(3)
Wisconsin healthcare stability plan 2019 payment parameters. 6Notwithstanding
2017 Wisconsin Act 138,
section 11 (1), for the 2019 benefit year,
7the commissioner of insurance shall set as payment parameters for the healthcare
8stability plan under subch. VII of ch. 601 an attachment point of $50,000, a
9coinsurance rate of 50 percent, and a reinsurance cap of $250,000. The commissioner
10of insurance may not adjust the payment parameters for the 2019 benefit year.
SB887,137,1611
(4)
Drug testing and treatment implementation deadline. The department
12of health services shall implement the substance abuse screening, testing, and
13treatment under s. 49.791 by no later than October 1, 2019, and before
14implementation shall comply with s. 20.940 (3) (c) as if the screening, testing, and
15treatment under s. 49.791 is a request approved on the effective date of this
16subsection.
SB887,137,2317
(5)
Requests for appropriation transfers. During the 2018-19 fiscal year, the
18department of workforce development may submit to the joint committee on finance
19one or more requests to transfer moneys from the appropriation account under s.
2020.445 (1) (b) to the appropriation accounts under s. 20.445 (1) (dg) and (e) for the
21purpose of funding the grant programs under ss. 106.13 (3m) and 106.272. If the
22committee approves a request in whole or in part, the committee may transfer
23moneys without making any of the findings required under s. 13.101 (4).
SB887,138,724
(6)
Intervention by assembly, senate, and joint committee on legislative
25organization. The assembly, senate, and joint committee on legislative organization
1may intervene as permitted under s. 803.09 (2m) in any litigation pending in state
2or federal court on the effective date of this subsection. If the joint committee on
3legislative organization intervenes and appoints special counsel to represent state
4defendants as set forth under s. 806.04 (11) or 893.825, the attorney general shall
5notify the court of the substitution of counsel by special counsel appointed by the joint
6committee on legislative organization to represent the state defendants and may not
7participate in the action.
SB887,138,138
(7) WEDC
; staggering of initial terms. Notwithstanding the length of terms
9specified for the members of the board of directors of the Wisconsin Economic
10Development Corporation under s. 238.02 (1), the initial members appointed by the
11speaker and minority leader of the assembly and the majority leader and minority
12leader of the senate beginning on the effective date of this subsection shall be
13appointed for terms expiring as follows:
SB887,138,1514
(a) The terms of 2 members appointed by the speaker of the assembly and 2
15members appointed by the senate majority leader shall expire on October 1, 2020.
SB887,138,1916
(b) The terms of 2 members appointed by the speaker of the assembly, the
17member appointed by the assembly minority leader, 2 members appointed by the
18senate majority leader, and the member appointed by the senate minority leader,
19shall expire on October 1, 2022.
SB887,138,2120
(c) The terms of one member appointed by the speaker of the assembly and one
21member appointed by the senate majority leader shall expire on October 1, 2024.
SB887,139,222
(8)
WEDC; current board members. The members of the board of directors of
23the Wisconsin Economic Development Corporation serving at the pleasure of the
24speaker of the assembly and senate majority leader on the day before the effective
25date of this subsection shall continue to serve at pleasure pending the appointment
1of members under sub. (7
), but may not serve after January 6, 2019, unless appointed
2under sub. (7).
SB887,139,73
(9)
Individual income tax rates. The secretary of administration shall exclude
4from the calculation under s. 16.518 (2) all additional revenue deposited in the
5general fund in the 2018-19 fiscal year that is attributable to an increase in the sales
6and use taxes reported under s. 73.03 (71), as determined by the secretary of
7administration in consultation with the department of revenue.
SB887,139,129
(1)
Settlement funds. Notwithstanding s. 20.001 (3) (c), from the
10appropriation account under s. 20.455 (3) (g), on the effective date of this subsection,
11there is lapsed to the general fund the unencumbered balance of any settlement
12funds in that appropriation account, as determined by the attorney general.
SB887,139,1713
(2)
Office of solicitor general positions. In the schedule under s. 20.005 (3)
14for the appropriation to the department of justice under s. 20.455 (1) (gh), the dollar
15amount for fiscal year 2018-19 is decreased by $320,000 to decrease the authorized
16FTE positions for the department by 1.0 PR solicitor general position and 3.0 PR
17deputy solicitor general positions on January 1, 2019.
SB887,139,2118
(3)
Workforce development; workforce training appropriation decrease. In
19the schedule under s. 20.005 (3) for the appropriation to the department of workforce
20development under s. 20.445 (1) (b), the dollar amount for fiscal year 2018-19 is
21decreased by $7,345,900.
SB887,139,2522
(4)
Department of justice gifts and grants. Notwithstanding s. 20.001 (2) (b),
23any moneys encumbered under the appropriation accounts under s. 20.455 (2) (gb)
24and (3) (g) before the effective date of this subsection may be expended pursuant to
25the terms of the encumbrance.
SB887,202
1Section
202
.
Initial applicability.
SB887,140,52
(1)
Agency publications. The treatment of s. 227.05 with respect to printed
3publications first applies to guidance documents, forms, pamphlets, or other
4informational materials that are printed 60 days after the effective date of this
5subsection.
SB887,140,86
(2)
Group insurance board. The treatment of s. 15.07 (1) (b) 24. first applies
7to a member of the group insurance board who is appointed by the governor on the
8effective date of this subsection.
SB887,140,139
(3)
Gubernatorial approvals of proposed rules. The treatment of ss. 227.135
10(3), 227.185, and 227.24 (1) (e) 1d. and 1g., the renumbering and amendment of s.
11227.135 (2), and the creation of s. 227.135 (2) (a) 2. first apply to a proposed rule or
12emergency rule whose statement of scope is submitted to the legislative reference
13bureau for publication under s. 227.135 (3) on the effective date of this subsection.
SB887,140,1614
(4)
Final decisions in contested cases. The treatment of ss. 227.46 (1) (h), (2),
15(2m), (3) (a) and (8) and 227.47 (1) and (3) first applies to requests for hearings made
16on the effective date of this subsection.
SB887,140,2517
(5)
Pass-through entities. The treatment of ss. 71.05 (6) (a) 14. and (10) (dm),
1871.07 (7) (c), 71.21 (6), 71.36 (1), 71.365 (4m), and 71.775 (3) (a) 4., the renumbering
19and amendment of ss. 71.07 (7) (b) and 71.365 (1), and the creation of ss. 71.07 (7)
20(b) 3. and 71.365 (1) (b) first apply to taxable years beginning on January 1, 2019,
21except that the treatment of ss. 71.05 (6) (a) 14. and (10) (dm), 71.07 (7) (c), 71.21 (6),
2271.36 (1), 71.365 (4m), and 71.775 (3) (a) 4., the renumbering and amendment of ss.
2371.07 (7) (b) and 71.365 (1), and the creation of ss. 71.07 (7) (b) 3. and 71.365 (1) (b)
24first apply to taxable years beginning on January 1, 2018, for tax-option
25corporations.
SB887,141,2
1(6)
Requirements for highway projects. The treatment of ss. 84.54 and 86.51
2first applies to projects let and aid disbursed on the effective date of this subsection.
SB887,203
3Section 203
.
Effective dates. This act takes effect on the day after
4publication, except as follows:
SB887,141,65
(1)
Highway funding transfers. The treatment of s. 20.395 (2) (fq) and
Section 6199 of this act take effect on July 1, 2019.
SB887,141,87
(2)
Requirements for highway projects. The treatment of ss. 84.54 and 86.51
8and
Section 202 (6) of this act take effect on July 1, 2019.
SB887,141,109
(3)
Agency publications. The treatment of s. 227.05 and
Section 202 (1
) takes
10effect on the first day of the 7th month beginning after publication.
SB887,141,1211
(4)
Wisconsin healthcare stability plan. The treatment of s. 601.85 (4) takes
12effect on December 31, 2018.