AB68: Bill Text

AB68,1772,25 (1) Circuit courts designated to begin operation in 2021. The circuit court branches added in s. 753.06 (4) (a), (7) (e), (9) (g), and (10) (f), are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (1) to begin operation on August 1, 2021.

AB68,9108 Section 9108. Nonstatutory provisions; Corrections.

AB68,1773,13 (1) Earned release program; report. No later than the first day of the 12th month beginning after the effective date of this subsection, the department of corrections shall submit a report to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3). The department shall report on the aging and elderly population of inmates in Wisconsin prisons, the costs of health care and other accommodations for that population, and trends and projections for the aging and elderly population and associated costs. The department shall also report on the feasibility, including costs and projected savings, of establishing and operating a state run facility for elderly inmates, the feasibility for adopting electronic monitoring as an alternative to incarceration for elderly inmates, and the possibility for eligibility for medical assistance for individuals who would qualify for alternatives to incarceration.

AB68,1773,18 (2) Earned release program; rules. The department of corrections shall update its administrative rules to implement earned release for completion of a vocational readiness training program under s. 302.05 (3), including specification of the eligibility criteria for persons sentenced before the effective date of this subsection to participate in the program.

AB68,1774,2 (3) Conditions of supervision. No later than July 1, 2022, the department of corrections shall review the efficacy of its standard conditions and rules of supervision, and shall provide a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts. The report shall include the number of violations reported for each condition and rule and a comparison of the department of correction's standard conditions and rules of supervision to conditions and rules of supervision in other states.

AB68,1774,13 (4) Earned compliance credit. A person who is serving a sentence for a violation other than a crime specified in ch. 940 or s. 948.02, 948.025, 948.03, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, or 948.095 and who is in custody upon revocation of extended supervision or parole on the effective date of this subsection may petition the department to be given credit under s. 973.156. Upon proper verification of the facts alleged in the petition, s. 973.156 shall be applied retroactively to the person. If the department is unable to determine whether credit should be given, or otherwise refuses to award retroactive credit, the person may petition the sentencing court for relief. This subsection applies regardless of the date the person was sentenced. A person who is required to register under s. 301.45 is not eligible to receive credit under this subsection.

AB68,1774,14 (5) Reports on risk assessment and training.

AB68,1774,24 (a) The department of corrections shall conduct a review of the department's evidence-based risk assessment tool and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this paragraph. The department shall include in the report a review of the available alternatives to the current risk assessment tool and the costs and savings that would result from the use of alternatives. The department shall include in its review the efficacy of an evidence-based risk assessment tool that uses ongoing or recurring evaluations of an individual's ability to meet the conditions of supervision.

AB68,1775,7 (b) The department of corrections shall conduct a review of the department's training of community supervision officers and shall submit a report to the governor, the chief clerk of each house of the legislature for distribution to the appropriate standing committees in the manner provided under s. 13.172 (3), and the director of state courts no later than the first day of the 12th month beginning after the effective date of this paragraph. The department shall include in its report an evaluation of best practices and outcomes of training models used in other states.

AB68,1775,13 (6) Secured juvenile facilities; terminology change. All rules promulgated by the department of corrections in effect on the effective date of this subsection that are related to Type-1 juvenile correctional facilities, as determined by the secretary of administration, remain in effect and apply to any secured residential care center for children and youth operated by the department of corrections until their specified expiration dates or until amended or repealed by the department of corrections.

AB68,1775,17 (7) Sentence adjustment for youthful offenders. No later than the first day of the 6th month beginning after the effective date of this subsection, the department of corrections shall provide written notice under s. 973.018 (3) (a) to all youthful offenders who have served at least 14 years of their terms of imprisonment.

AB68,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

AB68,9110 Section 9110. Nonstatutory provisions; District Attorneys.

AB68,9111 Section 9111. Nonstatutory provisions; Educational Communications Board.

AB68,9112 Section 9112. Nonstatutory provisions; Elections Commission.

AB68,1776,2 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 9th month beginning after the effective date of this subsection.

AB68,1776,17 (2) Report on voter registration information integration. No later than July 1, 2023, the elections commission shall report to the appropriate standing committees of the legislature, in the manner specified in s. 13.172 (3), and to the governor its progress in initially implementing a system to ensure the complete and continuous registration of all eligible electors in this state, specifically including the operability and utility of information integration with the department of transportation and the feasibility and desirability of integrating public information maintained by other state agencies and by technical colleges with the commission's registration information to enhance the completeness and accuracy of the information. At a minimum, the report shall contain an assessment of the feasibility and desirability of the integration of registration information with information maintained by the departments of health services, children and families, workforce development, revenue, safety and professional services, and natural resources; the University of Wisconsin System; and the technical college system board, as well as the technical colleges within each technical college district.

AB68,9113 Section 9113. Nonstatutory provisions; Employee Trust Funds.

AB68,1776,22 (1) Incumbent internal auditor. The individual holding the position of internal auditor in the department of employee trust funds on the day before the effective date of this subsection shall continue to serve in that position until an internal auditor is appointed under s. 15.165 (5).

AB68,1777,2 (2) Incumbent staff. Individuals holding positions as staff internal auditors in the department of employee trust funds on the day before the effective date of this subsection shall continue to serve in those positions until staff are appointed under s. 40.03 (1) (dm).

AB68,1777,4 (3) Termination of Wisconsin retirement board and teachers retirement board.

AB68,1777,5 (a) Transfer of orders, pending matters, contracts, and property.

AB68,1777,9 1. `Orders.' All orders issued by the Wisconsin retirement board and the teachers retirement board that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until modified or rescinded by the employee trust funds board.

AB68,1777,14 2. `Pending matters.' Any matter pending with the Wisconsin retirement board or the teachers retirement board on the effective date of this subdivision is transferred to the employee trust funds board and, with respect to the pending matter, are considered as having been submitted to or taken by the employee trust funds board.

AB68,1777,20 3. `Contracts.' All contracts entered into by the Wisconsin retirement board or the teachers retirement board in effect on the effective date of this subdivision remain in effect and are transferred to the employee trust funds board. The employee trust funds board shall carry out any obligations under such a contract until the contract is modified or rescinded by the employee trust funds board to the extent allowed under the contract.

AB68,1777,23 4. `Tangible personal property.' On the effective date of this subdivision, all tangible personal property, including records, of the Wisconsin retirement board and the teachers retirement board is transferred to the employee trust funds board.

AB68,1777,24 (b) Interim employee trust funds board membership terms.

AB68,1778,4 1. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member appointed under. s. 15.165 (3) (a) 4., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2022.

AB68,1778,8 2. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed under s. 15.165 (3) (b) 7. or 8., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2022.

AB68,1778,12 3. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member appointed under s. 15.165 (3) (b) 1., 2., 4., 5., or 8., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2022.

AB68,1778,16 4. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member elected under s. 15.165 (3) (a) 7., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2023.

AB68,1778,20 5. Notwithstanding s. 15.16 (1) (cm) 1., the employee trust funds board member appointed under s. 15.165 (3) (a) 3. or 5., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2023.

AB68,1778,24 6. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed under s. 15.16 (1) (b), 2019 stats., but not under s. 15.16 (1) (b) 1. to 3., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2024.

AB68,1779,4 7. Notwithstanding the term limits set forth in s. 15.16 (1) (intro.), 2019 stats., and s. 15.16 (1) (cm) (intro.), and notwithstanding s. 15.16 (1) (cm) 3., the employee trust funds board member appointed under s. 15.16 (1) (c), 2019 stats., shall continue to serve on the employee trust funds board until April 30, 2024.

AB68,1779,8 8. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed or elected under s. 15.165 (3) (a) 1. or 2., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2025.

AB68,1779,12 9. Notwithstanding s. 15.16 (1) (cm) 2., the employee trust funds board member appointed under s. 15.165 (3) (b) 3., 6., or 7., 2019 stats., who is a member on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2025.

AB68,1779,16 10. Notwithstanding the term limits set forth in s. 15.16 (1) (intro.), 2019 stats., and s. 15.16 (1) (cm) (intro.), the members elected under s. 15.16 (1) (d) and (f), 2019 stats., who are members on the effective date of this subdivision shall continue to serve on the employee trust funds board until April 30, 2026.

AB68,1779,17 (4) Transfer of oversight of group disability benefit insurance plans.

AB68,1779,22 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the group insurance board that is primarily related to the group income continuation insurance plan or long-term disability insurance plan, as determined by the secretary of employee trust funds, is transferred to the employee trust funds board.

AB68,1780,4 (b) Contracts. All contracts entered into by the group insurance board in effect on the effective date of this paragraph that are primarily related to the group income continuation insurance plan or long-term disability insurance plan, as determined by the secretary of employee trust funds, remain in effect and are transferred to the employee trust funds board. The employee trust funds board shall carry out any obligations under those contracts unless modified or rescinded by the employee trust funds board to the extent allowed under the contract.

AB68,1780,9 (c) Rules. All rules promulgated by the secretary of employee trust funds and approved by the group insurance board in effect on the effective date of this paragraph that are primarily related to the group income continuation insurance plan or long-term disability insurance plan remain in effect until their specified expiration dates or until amended or repealed by the employee trust funds board.

AB68,1780,16 (d) Pending matters. Any matter pending with the group insurance board on the effective date of this paragraph that is primarily related to the group income continuation insurance plan or long-term disability insurance plan, as determined by the secretary of employee trust funds, is transferred to the employee trust funds board. All materials submitted to or actions taken by the group insurance board with respect to the pending matter are considered as having been submitted to or taken by the employee trust funds board.

AB68,1780,24 (5) Actuarial study by group insurance board. The group insurance board, in consultation with the actuary selected under s. 40.03 (1) (d) to perform actuarial services for group health insurance plans offered by the group insurance board, shall conduct a study of the potential costs and savings to school districts and current plan participants if all Wisconsin school districts are required to participate in a group health insurance plan offered by the group insurance board. No later than June 30, 2022, the group insurance board shall submit a written report of the study to the governor and the joint committee on finance.

AB68,9114 Section 9114. Nonstatutory provisions; Employment Relations Commission.

AB68,9115 Section 9115. Nonstatutory provisions; Ethics Commission.

AB68,1781,11 (1) Temporary lobbying surcharge. With regard to lobbying for the 2021-22 legislative session, a person who files the principal registration form under s. 13.64 or the authorization statement under s. 13.65 shall pay to the ethics commission, in addition to the fees under s. 13.75 (1g) (b) and (d), a $55 surcharge for each such filing. If the fees have not been paid prior to the effective date of this subsection, the surcharge shall be submitted with the fees. If the fees have been paid prior to the effective date of this subsection, the surcharge shall be paid at the time and in the manner determined by the ethics commission.

AB68,9116 Section 9116. Nonstatutory provisions; Financial Institutions.

AB68,1781,13 (1) Student loan servicers; implementation.

AB68,1781,17 (a) No later than October 1, 2021, the department of financial institutions shall determine whether it can fully implement the provisions created in this act as subch. V of ch. 224 by October 1, 2021, and shall provide notice of this determination to the legislative reference bureau by that date.

AB68,1781,24 (b) If the notice of the department of financial institutions under par. (a) states that the department cannot fully implement the provisions created in this act as subch. V of ch. 224 by October 1, 2021, the department shall provide notice to the legislative reference bureau of the date on which the provisions created in this act as subch. V of ch. 224 will be fully implemented, which date may not be later than January 1, 2023, and the legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies this date.

AB68,1782,5 (2) Small business retirement savings board; staggered terms. Notwithstanding the length of terms specified for the members of the small business retirement savings board under s. 15.185 (4) (b), the members appointed under s. 15.185 (4) (a) 3., 4., 6., and 8. shall be appointed for initial terms expiring on May 1, 2023.

AB68,1782,6 (3) Children's savings and investment program.

AB68,1782,10 (a) The department of financial institutions shall collaborate with one or more philanthropic organizations to develop a statewide children's savings and investment program, funded and administered by the philanthropic organization or organizations.

AB68,1782,13 (b) The program under par. (a) shall allow the balance of an account established under the program to be transferred to a college savings account established under s. 224.50, consistent with any contribution limits or requirements under s. 224.50.

AB68,9117 Section 9117. Nonstatutory provisions; Governor.

AB68,9118 Section 9118. Nonstatutory provisions; Health and Educational Facilities Authority.

AB68,9119 Section 9119. Nonstatutory provisions; Health Services.

AB68,1783,2 (1) Childless adults demonstration project. The department of health services shall submit any necessary request to the federal department of health and human services for a state plan amendment or waiver of federal Medicaid law or to modify or withdraw from any waiver of federal Medicaid law relating to the childless adults demonstration project under s. 49.45 (23), 2019 stats., to reflect the incorporation of recipients of Medical Assistance under the demonstration project into the BadgerCare Plus program under s. 49.471 and the termination of the demonstration project. The department of health services may submit a request to the federal department of health and human services to modify or withdraw from the waiver granted under s. 49.45 (23) (g), 2019 stats.

AB68,1783,3 (2) Coverage of group physical therapy under medical assistance.

AB68,1783,8 (a) The department of health services shall promulgate rules to include group physical therapy as a covered service for recipients of medical assistance under s. DHS 107.16, Wis. Admin. Code. The department of health services shall submit in proposed form the rules required under this paragraph to the legislative council staff under s. 227.15 (1) no later than July 1, 2022.

AB68,1783,17 (b) The department of health services may promulgate emergency rules under s. 227.24 to implement par. (a). Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under this paragraph remain in effect until the first day of the 25th month beginning after the effective date of the emergency rule, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the department of health services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB68,1783,23 (3) Use of cost report data for rate setting. For purposes of determining payments for a facility under s. 49.45 (6m) (am), the department of health services may use data other than data from calendar year 2020 or calendar year 2021 if the department of health services determines that calendar year 2020 or calendar year 2021 are not appropriate bases for prospective rate setting due to fluctuations in costs caused by the COVID-19 pandemic.

AB68,1784,3 (4) Centralized drug repository. The department of health services shall study and implement a centralized physical drug repository program under s. 255.056.

AB68,1784,10 (5) Community-based psychosocial services. The department of health services may promulgate rules, including amending rules promulgated under s. 49.45 (30e) (b), update Medical Assistance program policies, and request any state plan amendment or waiver of federal Medicaid law from the federal government necessary to provide reimbursement to providers who are not county-based providers for psychosocial services provided to Medical Assistance recipients under s. 49.45 (30e).

AB68,1784,18 (6) Medical assistance reimbursement rate increase for direct care in personal care agencies. The department of health services shall increase the Medical Assistance rates paid for direct care to agencies that provide personal care services by a budgeted sum of $15,000,000, as the state share of payments, and the matching federal share of payments, in fiscal year 2021-22, and by a budgeted sum of $15,000,000, as the state share of payments, and the matching federal share of payments, in fiscal year 2022-23, to support staff in those agencies who perform direct care.

AB68,1784,19 (7) Direct support professional training pilot program.

AB68,1784,25 (a) In the 2021-23 biennium, the department of health services shall develop and implement a pilot program to provide person-centered direct support professional training to achieve consistent standards of health care practice. The department shall provide identified standards of practice that allow health care providers the flexibility to apply the standards of practice to their existing training while also meeting the needs of patients in both community and facility settings.

AB68,1785,2 (b) Any training developed and implemented under par. (a) shall be consistent with state and federal requirements.

AB68,1785,5 (c) The department of health services shall collaborate with the department of workforce development, the Wisconsin technical college system, and health care providers in developing and implementing the pilot program under this section.

AB68,1785,7 (d) The department of health services shall develop a career plan that describes the steps that lead to potential certification as a nurse aide.

AB68,1785,11 (8) Tailored caregiver assessment and referral pilot program. During fiscal year 2021-22, the department of health services shall conduct a one-year tailored caregiver assessment and referral pilot program as described in the September 2020 report of the governor's task force on caregiving.

AB68,1785,13 (9) Statewide minimum rate band for home and community-based long-term care supports.

AB68,1785,16 (a) The department of health services shall develop a statewide minimum rate band for home and community-based long-term care supports to establish equitable and sustainable minimum rates.

AB68,1785,18 (b) The department of health services shall include in its 2023-25 budget request a proposal to implement the rate band developed under par. (a).

AB68,1786,18 (10) Option to purchase publicly administered coverage. During the 2021-23 fiscal biennium, the department of health services, the office of the commissioner of insurance, or the department of health services in consultation with the office of the commissioner of insurance shall conduct an analysis and actuarial study of the creation of an option for individuals to purchase health coverage that is publicly provided or administered. The analysis under this subsection shall incorporate input from a variety of persons and entities, including consumers, that have an interest in health insurance and health coverage, including Medical Assistance program coverage, and an analysis of any other health care affordability initiatives. If the department of health services or the office of the commissioner of insurance determines that the option to purchase public coverage or any other health care affordability initiatives are feasible, the department or office may submit to the federal government any requests for a waiver of federal law or other federal approval necessary to implement the public coverage option or any other health care affordability initiatives. If the department of health services or office of the commissioner of insurance obtains the necessary federal approval or determines that no federal approval is necessary and if the department or office continues to determine that the option to purchase public coverage or any other health care affordability initiative is feasible, the department or office shall implement the option to purchase public coverage or other health care affordability initiative by January 1, 2025, or earlier if possible, except that if the commissioner of insurance determines the provisions of title I of the federal Patient Protection and Affordable Care Act, P.L. 111-148, are no longer enforceable, the department or office shall implement the public option or other affordability initiatives by January 1, 2022, or as soon as possible.

AB68,1787,2 (11) Medical Assistance reimbursement for direct care. From the increase in reimbursement paid by the department of health services under the Medical Assistance program to nursing facilities and to intermediate care facilities for persons with an intellectual disability, increase by $15,000,000 as the state share of payments, plus the matching federal share of payments, in fiscal year 2021-22 and by $15,000,000 as the state share of payments, plus the matching federal share of payments, in fiscal year 2022-23 payments to support the staff in those facilities who perform direct care to residents.

AB68,1787,9 (12) Home care provider registry. The department of health services shall conduct a one-year pilot program to create a home care provider registry that supports home and community-based long-term care support programs, clients that pay for home care privately, independent care workers, and vendors of the care service industry. The department of health services shall use a software platform for the registry and shall select a vendor for the software platform using its competitive request-for-proposals procedures.

AB68,1787,14 (13) Initial training for guardians. The grantee selected under s. 46.977 to administer and conduct training shall, no later than one year after the effective date of this subsection and in coordination with the department of health services, develop the content for the initial training to be provided to guardians under s. 54.26 and implement the program.

AB68,1787,20 (14) Surgical quality improvement grant. From the appropriation under s. 20.435 (1) (b), the department of health services may award a onetime grant of $335,000 in fiscal year 2021-22 to support surgical quality improvement activities. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health services may transfer moneys appropriated for the purpose described under this subsection from fiscal year 2021-22 to fiscal year 2022-23.

AB68,1788,3 (15) Health information exchange. From the appropriation under s. 20.435 (1) (b), the department of health services shall provide a grant of $655,000 in fiscal year 2021-22 and a grant of $655,000 in fiscal year 2022-23 to support health information exchange activities. The department of health services may not encumber moneys from the appropriation under s. 20.435 (1) (b) for a grant under this subsection after June 30, 2023. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may transfer moneys appropriated for the purpose described under this subsection between fiscal years.

AB68,1788,6 (16) Spinal cord injury council; initial appointments. Notwithstanding the length of terms specified for the members of the spinal cord injury council under s. 15.197 (20) (a) (intro.), initial appointments to the council shall be made as follows:

AB68,1788,9 (a) The members appointed under s. 15.197 (20) (a) 1., 3., 5., and 7., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2024.

AB68,1788,12 (b) The members appointed under s. 15.197 (20) (a) 2., 4., 6., and 8., or in lieu of those members under s. 15.197 (20) (b), shall be appointed for terms expiring on July 1, 2025.

AB68,1788,19 (17) Black women's health. The department of health services shall award a grant of $500,000 in fiscal year 2021-22 and a grant of $500,000 in fiscal year 2022-23 to an entity to connect and convene efforts between state agencies, public and private sector organizations, and community organizations to support a statewide public health strategy to advance Black women's health. The department of health services may award the grants from the appropriation under s. 20.435 (1) (b).

AB68,1789,2 (18) Crisis urgent care and observation center emergency rules. The department of health services may promulgate rules allowed under s. 51.036 related to crisis urgent care and observation centers as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the department of health services is not required to provide evidence that promulgating a rule under this subsection 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 subsection.

AB68,1789,8 (19) Addiction treatment platform. From the appropriation under s. 20.435 (5) (a), the department of health services shall contract in fiscal year 2022-23 for the development of a substance use disorder treatment platform that allows for the comparison of substance use disorder treatment programs in the state. The department of health services may expend no more than $300,000 in fiscal year 2022-23 under this subsection.

AB68,9120 Section 9120. Nonstatutory provisions; Higher Educational Aids Board.