SB887: Bill Text

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SB887,199 Section 199 . 2017 Wisconsin Act 59, section 9145 (4w) is repealed.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