2009 Wisconsin Act 28

9. Reducing fee-for-service payments to health care providers in cases in which a patient, who receives medical assistance benefits, is readmitted to a hospital within 30 days of release from a hospital following treatment for the same condition, or following a preventable, adverse event.

10. Prohibiting inclusion of a provision in a contract between the department of health services and a managed care organization that would allow any managed care organization, or an agency with which the managed care organization contracts, to withhold, as confidential, proprietary, or a trade secret, information on provider payment rates pertaining to medical assistance recipients and modifying section 19.36 (5) of the statutes to specify that, in that subsection, information on provider payment rates is not a trade secret.

(b) The report under paragraph (a) shall include a discussion of all of the following for each proposal under paragraph (a) 5. to 10.:

1. The potential effect on improving the quality of care for medical assistance recipients.

2. The estimated savings that may result by implementation.

3. The feasibility of implementation.

(11q) Joint committee on finance review of medical assistance spending plan. The department of health services shall by August 1, 2009, submit a plan to the joint committee on finance for administering the Medical Assistance Program under subchapter IV of chapter 49 of the statutes and the prescription drug assistance program for the elderly under section 49.688 of the statutes in the 2009-11 fiscal biennium within the funding appropriated for these programs under this act. The plan shall include a description of the measures the department intends to implement to realize cost efficiencies and cost reductions in the Medical Assistance Program and the prescription drug assistance program for the elderly. The plan shall include an estimate of savings in state and federal expenditures, by fiscal year, for each component of the plan and for the plan as a whole. The department may implement the plan unless the committee, by September 1, 2009, approves an alternative plan for administering the Medical Assistance Program and the prescription drug assistance program for the elderly within the funding appropriated for these programs under this act. If the committee meets to review the department's plan and approves an alternative plan by September 1, 2009, the department shall implement the alternative plan.

(12u) Employment and training activities. The department of health services shall work with Portage, Adams, Wood, and Milwaukee counties to modify the employment and training program under section 49.79 (9) of the statutes in those counties for the purpose of increasing the amount of federal funding that the state receives under the program.

28,9125 Section 9125. Nonstatutory provisions; Housing and Economic Development Authority.

(1f) Grant to Household Abuse Victims Emergency Network of the city of Merrill. Notwithstanding section 234.165 (2) (c) (intro.) of the statutes, the Wisconsin Housing and Economic Development Authority shall pay, in fiscal year 2009-10, a grant in the amount of $25,000 from its actual surplus under section 234.165 of the statutes and, in fiscal year 2010-11, a grant in the amount of $25,000 from its actual surplus under section 234.165 of the statutes to the Household Abuse Victims Emergency Network of the city of Merrill for the purpose of renovating a domestic abuse shelter serving Langlade, Lincoln, Taylor, Vilas, and Oneida counties.

28,9126 Section 9126. Nonstatutory provisions; Insurance.

(1) Rules for uniform application. The commissioner of insurance shall submit in proposed form the rules required under section 601.41 (10) (a) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 12th month beginning after the effective date of this subsection.

28,9130 Section 9130. Nonstatutory provisions; Justice.

(1q) Request to investigate income maintenance fraud. It is requested that the department of justice investigate whether county administrative fraud was committed before May 1, 2009, in connection with the administration of any income maintenance program, as defined in section 49.78 (1) (b) of the statutes, in Milwaukee County.

28,9131 Section 9131. Nonstatutory provisions; Legislature.

(2f) Audit of Milwaukee child welfare program.

(a) Performance evaluation audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the programs administered by the bureau of Milwaukee child welfare in the department of children and families. If the committee directs the legislative audit bureau to conduct the audit, the audit shall address all of the following:

1. The timeliness of the bureau in investigating allegations of child abuse or neglect.

2. The effectiveness of the out-of-home care and in-home safety services provided by the bureau in achieving safety and permanence for children, including the effectiveness of the bureau in coordinating its services.

3. The effectiveness of the bureau in achieving the performance standards required under an agreement entered into to settle Jeanine B. et al. v. James Doyle et al., No. 93-C-547 (E.D. Wis.).

(b) Financial audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a financial audit of the bureau of Milwaukee child welfare in the department of children and families. If the committee directs the legislative audit bureau to conduct the audit, the audit shall address the funding of the programs administered by the bureau and the appropriateness of the expenditures made by the bureau and by contractors of the bureau. If conducted, the audit shall also address issues concerning turnover, qualifications, training, workloads, and salaries of the staff of the bureau.

(cm) Report. If an audit is conducted under paragraph (a) or (b), the legislative audit bureau shall file a report of the audit as described in section 13.94 (1) of the statutes by July 1, 2010.

(2g) Pension study. The joint survey committee on retirement systems is requested to study the impact of increasing the initial amount of the normal form annuity under section 40.23 (2m) (b) of the statues from 65 percent to 70 percent of the participant's final average earnings for participants whose formula rate is determined under section 40.23 (2m) (e) 3. of the statutes and to report its findings to the legislature before July 1, 2010.

(3q) Out-of-state travel by employees of legislative service agencies. During the 2009-11 fiscal biennium, no employee of the legislative reference bureau, the legislative fiscal bureau, the legislative audit bureau, the legislative technology services bureau, and the legislative council staff may be reimbursed for any out-of-state travel expenses without the written approval of the senate committee on organization and the speaker of the assembly.

28,9133 Section 9133. Nonstatutory provisions; Local Government.

(1) Levy limits. The repeal of 2007 Wisconsin Act 20, sections 1878d and 9441 (6n), applies notwithstanding section 990.03 of the statutes.

28,9136 Section 9136. Nonstatutory provisions; Military Affairs.

(1x) Disaster aid report. The department of military affairs, before expending any amount in excess of $1,347,000 from the appropriation under section 20.465 (3) (e) of the statutes during either fiscal year of the 2009-11 biennium, shall submit a report to the joint committee on finance indicating the amount of required additional funding necessary to match federal disaster aid, when the required match funding will be needed, and if any potential funding source in lieu of general purpose revenue may be used to provide the required match.

(2c) Emergency rule; military family financial aid. Using the procedure under section 227.24 of the statutes, the department of military affairs shall promulgate the rules described under section 321.45 (2) of the statutes, as created by this act, for the period before the permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of military affairs 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 the rules promulgated under this subsection.

28,9137 Section 9137. Nonstatutory provisions; Natural Resources.

(1) Clean water fund bonding amounts.

(a) In this subsection, "federal economic stimulus funds" means federal moneys received by the state, pursuant to federal legislation enacted during the 111th Congress for the purpose of reviving the economy of the United States.

(b) Notwithstanding the authority of this state to contract public debt for the purposes of the clean water fund program in the total amount specified under section 20.866 (2) (tc) of the statutes, as affected by this act, the state may not obligate, in fiscal years 2009-10 and 2010-11, a total amount exceeding $697,643,200 unless the department of administration first takes into account any federal economic stimulus funds received for purposes of the clean water fund program.

(1q) Grant for recycling bins. In fiscal year 2010-11, the department of natural resources shall provide a grant of $46,000 from the appropriation under section 20.370 (6) (bu) of the statutes, as affected by this act, to the Town of Wrightstown in Brown County to purchase recycling bins. The department shall allocate the grant under this subsection before calculating grants under section 287.23 of the statutes for fiscal year 2010-11.

(2) Hazardous waste fee emergency rules. The department of natural resources may promulgate the rule required under section 289.67 (2) (de) of the statutes, as created by this act, using the procedure under section 227.24 of the statutes before promulgating a permanent rule. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, an emergency rule promulgated under this subsection remains in effect until July 1, 2011, or the date on which the permanent rule takes effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection 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 subsection.

(2i) Report on concentrated animal feeding operation fees. The standing committee of each house of the legislature with jurisdiction over agricultural matters shall report to the presiding officer of each house of the legislature in the manner provided under section 13.172 (2) of the statutes, no later than July 1, 2010, recommendations for legislation imposing fees on a person who applies for a permit under section 283.31 of the statutes for a concentrated animal feeding operation.

(3c) Nonresident boat sticker rules. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules under section 30.527 (4) (c) of the statutes, as created by this act, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection 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 subsection.

(3u) Diesel truck idling, federal moneys. When expending any federal moneys received under P.L. 111-5 for diesel emission reduction activities, the department of natural resources shall, to the extent permitted under federal law, give priority to diesel truck idling reduction activities for motor carriers eligible for grants under section 560.125 (4) of the statutes, as affected by this act.

(3w) Ballast water grants. If the amount credited to the appropriation under section 20.370 (4) (aj) of the statutes, as created by this act, in the 2009-11 fiscal biennium exceeds the amount required by the department of natural resources to administer and enforce section 283.35 (1m) of the statutes, as created by this act, the department of natural resources shall award grants from the balance of funds in that appropriation to one or more persons for research and development projects relating to the treatment of ballast water for protection against invasive species. A grant awarded under this subsection may cover the full amount of the costs of a project. Each person who receives a grant under this subsection shall submit a report to the department of natural resources that contains the results or findings of the research or development activities conducted with the grant funds.

(4c) Recycling and renewable energy fund revenues. If the revenues deposited in the recycling and renewable energy fund exceed the amounts estimated during the deliberations on this act, the department of natural resources shall, no later than March 1, 2011, submit a request to the joint committee on finance for a corresponding increase in the amount appropriated for fiscal year 2010-11 under section 20.370 (6) (bu) of the statutes for recycling grants for local recycling programs.

(4u) Public shooting range. From the appropriation under section 20.370 (5) (ar) of the statutes, as affected by this act, the department of natural resources shall provide $50,000 in fiscal year 2009-10 to Eau Claire County for the development of a public shooting range on the county's property. The county need not provide any matching funds.

(5q) Flood mitigation assessment. In fiscal year 2009-10, the department of natural resources shall provide a grant of $19,000 from the appropriation account under section 20.370 (6) (dq), as affected by this act, to the Village of Bagley in Grant County to assess and survey storm sewer and flood mitigation projects.

(6f) Fire suppression grant. From the appropriation under section 20.370 (5) (by) of the statutes, the department of natural resources in fiscal year 2009-10 shall award a grant of $108,000 under the fire suppression aid program established under section 26.145 of the statutes to the village of Plum City for the Plum City-Township of Union Fire Department. Notwithstanding section 26.145 (1) of the statutes, the village of Plum City need not provide any matching funding or in-kind contributions. Notwithstanding section 26.145 (2) (b) of the statutes, the village of Plum City need not have entered an agreement with the department of natural resources to assist the department in suppression of forest fires.

(6i) Lake Koshkonong study. In fiscal year 2009-10, the department shall provide a grant of $100,000 from the appropriations under section 20.370 (6) (ac) of the statutes, as created by this act, and section 20.370 (6) (dq) of the statutes, as affected by this act, to the Rock-Koshkonong public inland lake protection and rehabilitation district for a comprehensive study of options and structures to preserve wetlands, shoreline, fish and wildlife habitat, and the navigability of Lake Koshkonong.

(6q) Positions at service centers. The authorized FTE positions for the department of natural resources are increased by 1.26 FED positions on April 1, 2010, to be funded from the appropriation under section 20.370 (9) (mz) of the statutes, for the purpose of staffing walk-in service centers operated by the department of natural resources.

(6x) Snowmobile rail crossing. From the appropriation under section 20.370 (3) (aq) of the statutes, as affected by this act, the department of natural resources shall provide $10,000 in fiscal year 2009-10 to Oneida County for a snowmobile rail crossing project located on STH 47 in Oneida County.

28,9139 Section 9139. Nonstatutory provisions; Public Instruction.

(1j) Calculation of state aid; 2009-11 fiscal biennium. (a) Notwithstanding sections 121.07 and 121.08 of the statutes, as affected by this act, the department of public instruction shall calculate state aid to school districts under section 121.08 of the statutes for the 2009-10 fiscal year using the sum of the amount appropriated under section 20.255 (2) (ac) of the statutes and the amount appropriated under section 20.255 (2) (p) of the statutes, as created by 2009 Wisconsin Act 11.

(b) Notwithstanding section 121.08 of the statutes, in calculating the net general school aid payment for each school district in the 2009-10 and 2010-11 fiscal years, the department of public instruction shall run the school aid formula twice, the 2nd time as if an additional $147,001,900 were appropriated in each fiscal year under section 20.255 (2) (ac) of the statutes, as affected by this act, and section 20.255 (2) (p) of the statutes, as created by 2009 Wisconsin Act 11. For each school district, the department shall compute the percentage reduction in general school aid under the first aid run as compared to the 2nd aid run. The department shall then make the following adjustments to the net general school aid calculated under the first aid run for the following described school districts :

1. For each school district that satisfies the following criteria, the department shall multiply its net general school aid payment, as determined using the 2nd aid run, by 10 percent , and reduce the school district's net general school aid payment under the first aid run by the result :

a. The school district's percentage reduction in general school aid under paragraph (b) (intro.) is between 0.0 percent and 0.9 percent.

b. The school district's equalized valuation per member is greater than the statewide average equalized valuation per member.

c. Less than 35 percent of the school district's membership is eligible for a free or reduced-price lunch under 42 USC 1758 (b).

2. The department shall determine the total amount of net general school aid reductions for all school districts under subdivision 1. and distribute that amount to school districts for which the percentage reduction in general school aid under paragraph (b) (intro.) is greater than 10 percent by decreasing each such school district's percentage of aid reduction in the following manner:

a. List those school districts in descending order of percentage of aid reduction under paragraph (b) (intro.).

b. Decrease the percentage of aid reduction of the school district with the greatest percentage of aid reduction to that of the school district with the 2nd greatest percentage of aid reduction.

c. If there are sufficient funds, decrease the percentage of aid reduction of the 2 school districts under subdivision 2. b., which now have identical percentages of aid reduction, to that of the school district with the 3rd greatest percentage of aid reduction.

d. Continue down the list of school districts, decreasing the percentage of aid reduction of the school districts with the greatest percentage of aid reduction to that of the school district with the next greatest percentage of aid reduction until the total amount to be distributed to school districts under this subdivision is depleted. If the total amount to be distributed is insufficient to complete any individual reduction, the department shall nevertheless decrease the percentage of aid reduction of the school districts with the greatest percentage of aid reduction to as close as possible to that of the school district with the next greatest percentage of aid reduction.

(2c) Environmental education consultant. The authorized FTE positions for the department of public instruction are increased by 1.0 SEG position, to be funded from the appropriation under section 20.255 (1) (q) of the statutes, as created by this act, for an environmental education consultant.

(2q) Open enrollment program; limits. Notwithstanding section 118.51 (16) of the statutes, no school district located in whole or in part in Milwaukee County may receive more in additional state aid in the 2009-10 school year as a result of accepting pupils who reside in the Milwaukee Public Schools under the open enrollment program than the school district received in additional state aid in the 2008-09 school year as a result of accepting pupils who reside in the Milwaukee Public Schools under the open enrollment program.

(2x) Energy efficiency measures; rules. Using the procedure under section 227.24 of the statutes, the department of public instruction may promulgate the rules required under section 121.91 (4) (o) 1. of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under that section but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of public instruction 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.

(3) Milwaukee Parental Choice Program fees; rules. By the first day of the 3rd month beginning after the effective date of this subsection, using the procedure under section 227.24 of the statutes, the department of public instruction shall promulgate a rule specifying the amount of the fee under section 119.23 (2) (a) 3. of the statutes, as affected by this act, for the period before the effective date of the permanent rule promulgated specifying the fee but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of public instruction 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.

(4) Milwaukee Parental Choice Program fees; fees for the 2009-10 school year. Notwithstanding section 119.23 (2) (a) 3. of the statutes, as affected by this act, each private school participating in the program under section 119.23 of the statutes in the 2009-10 school year shall pay the fee required under section 119.23 (2) (a) 3. of the statutes, as affected by this act, no later than 30 days after the effective date of the rule promulgated under subsection (3).

(4r) Milwaukee parental choice program teacher credentials; emergency rules.

(a) The department of public instruction shall submit in proposed form the rules required under section 119.23 (2) (a) 6. c. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

(b) Using the procedure under section 227.24 of the statutes, the department of public instruction may promulgate rules required under section 119.23 (2) (a) 6. c. of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department 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.

(5i) Global Academy. From the appropriation account under section 20.255 (2) (er) of the statutes, as created by this act, in the 2009-10 fiscal year the department of public instruction shall award a $50,000 grant to the consortium of 7 school districts in Dane County known as the Global Academy to support planning and development.

(5x) Future budget request proposing a driver education grant program. In submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget act, the department of public instruction shall include a proposal for a driver education grant program and proposed administrative rules for the program.

(6i) Distance learning. From the appropriation account under section 20.255 (2) (es) of the statutes, as created by this act, in the 2009-10 fiscal year the department of public instruction shall award a $50,000 grant to the Chequamegon School District for a distance learning lab.

(7u) First class city school district; construction projects. The board of school directors in charge of the public schools of a 1st class city shall ensure that at least 30 percent of the number of full-time equivalent employees hired to work on school district construction projects funded in whole or in part with federal economic stimulus funds , as defined in s. 16.705 (9) (a) of the statutes, as created by this act, or by a federal interest rate subsidy on bonds, reside within the community development block grant area located in the 1st class city, as determined by the board of school directors.

(9i) School District Grants. From the appropriation under section 20.255 (2) (de) of the statutes, as created by this act, in the 2009-10 fiscal year the department of public instruction shall pay $60,000 to each of the following school districts for the specified purposes:

(a) Pepin Area, for technology improvements and technology to install a distance learning lab.

(b) Cochrane-Fountain City, for transportation, class-size reduction, and comprehensive education.

(c) Plum City, for transportation and specialized instruction.

28,9141 Section 9141. Nonstatutory provisions; Public Service Commission.

(1j) Initial members of 911 council. Notwithstanding the length of terms specified for the members of the 911 council under section 15.793 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

(a) The members specified under section 15.793 (1) (a) 1., 2., 3., and 4. of the statutes, as created by this act, and one member specified under section 15.793 (1) (a) 5. of the statutes, as created by this act, for terms expiring on July 1, 2013.

(b) One member specified under section 15.793 (1) (a) 5. of the statutes, as created by this act, one member specified under section 15.793 (1) (a) 7. of the statutes, as created by this act, and the members specified under section 15.793 (1) (a) 6., 8., and 9. of the statutes, as created by this act, for terms expiring on July 1, 2014.

(c) One member specified under section 15.793 (1) (a) 7. of the statutes, as created by this act, and the members specified under section 15.793 (1) (a) 10., 11., 12., and 13. of the statutes, as created by this act, for terms expiring on July 1, 2015.

(2j) Enhanced 911 program position. The authorized FTE positions for the public service commission are increased by 1.0 SEG position, to be funded from the appropriation under section 20.155 (3) (r) of the statutes, as created by this act, for the purpose of administering the requirements of section 256.35 (3g) of the statutes, as created by this act.

28,9142 Section 9142. Nonstatutory provisions; Regulation and Licensing.

(1) Medical board support. The secretary of regulation and licensing shall form a dedicated work unit in the department of regulation and licensing to support the work of the medical examining board and the affiliated credentialing boards attached to the medical examining board by performing all aspects of credential processing, examination, and complaint investigation, for any credential issued or renewed under chapter 448 of the statutes.

(1f) Chiropractic radiological technicians; exemptions from certain certification requirements. Notwithstanding section 446.025 of the statutes, as created by this act, the chiropractic examining board shall grant a certificate under section 446.025 (2) of the statutes, as created by this act, to an individual who before the first day of the 13th month beginning after the effective date of this subsection provides sufficient evidence to the chiropractic examining board that the individual satisfies the requirements for delegation of X-ray services under section 446.02 (7) of the statutes and continues to perform delegated X-ray services under the supervision of a chiropractor licensed under chapter 446 of the statutes on the effective date of this subsection and at the time the individual seeks an exemption from the certification requirements under this subsection.

(1g) Chiropractic technicians; exemptions from certain certification requirements. Notwithstanding section 446.026 of the statutes, as created by this act, the chiropractic examining board shall grant a certificate under section 446.026 (2) of the statutes, as created by this act, to an individual who before the first day of the 13th month beginning after the effective date of this subsection provides sufficient evidence to the chiropractic examining board that the individual satisfies the requirements for delegation of adjunctive services under section 446.02 (7) of the statutes and continues to perform delegated adjunctive services under the supervision of a chiropractor licensed under chapter 446 of the statutes on the effective date of this subsection and at the time the individual seeks an exemption from the certification requirements under this subsection.

(2u) Initial credential fee; medical examining board. Notwithstanding section 440.05 (1) (a) of the statutes, as affected by this act, for the 2009-11 fiscal biennium, the initial credential fee for credentials issued under chapter 448 of the statutes shall be $75.

28,9143 Section 9143. Nonstatutory provisions; Revenue.

(1q) Emergency rules concerning withholding and willful misclassification by certain contractors. The department of revenue may promulgate emergency rules under section 227.24 of the statutes relating to the withholding requirements under section 71.64 (6m) of the statutes, as created by this act, and to define "willful misclassification," as that concept is used in section 71.65 (6) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of revenue 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.

(2) Internal revenue code update. Changes to the Internal Revenue Code made by Public Law 110-458 apply to the Internal Revenue Code definitions in chapter 71 of the statutes at the time that the changes first apply for federal tax purposes.

(2q) Expenditure restraint program.