2009 Wisconsin Act 28

28,9247 Section 9247. Fiscal changes; Supreme Court.

(1c) Appropriations lapses and reestimates. The chief justice of the supreme court, acting as administrative head of the judicial system, shall take actions during the 2009-11 fiscal biennium to ensure that from general purpose revenue appropriations to the circuit courts under section 20.625 of the statutes, to the court of appeals under section 20.660 of the statutes, and to the supreme court under section 20.680 of the statutes an amount equal to $7,411,400 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

28,9254 Section 9254. Fiscal changes; University of Wisconsin System.

(1j) General operations receipts lapse. Notwithstanding section 20.001 (3) (c) of the statutes, from the appropriation account to the Board of Regents of the University of Wisconsin System under section 20.285 (1) (iz) of the statutes, as affected by this act, there is lapsed to the general fund $49,000,000 in the second fiscal year of the fiscal biennium in which this subsection takes effect.

28,9301 Section 9301. Initial applicability; Administration.

(2) Wisconsin Covenant Scholars Program. The renumbering and amendment of section 39.437 (2) (a) of the statutes and the creation of section 39.437 (2) (a) 2. of the statutes first apply to students who enroll in a public or private, nonprofit, accredited, institution of higher education or in a tribally controlled college in this state in the 2011-12 academic year.

28,9308 Section 9308. Initial applicability; Children and Families.

(2) Fraud investigation recoveries. The treatment of sections 20.437 (2) (g) and 49.197 (2) (title), (b), (c) (intro.), 1., 2., and 3. and (d) of the statutes, the renumbering and amendment of section 49.197 (2) (a) of the statutes, and the creation of section 49.197 (2) (a) 1. of the statutes first apply to moneys recovered by a county department, Wisconsin Works agency, or tribal governing body on the effective date of this subsection.

(2f) Fraud investigation recoveries. The amendment of section 49.197 (2) (c) (by Section 1262m) of the statutes and the creation of section 49.197 (2) (cm) of the statutes first apply to recovery activities that are commenced on the effective date of this subsection.

(3) Child welfare provider rate regulation.

(a) Section 9108 (2) (a) of this act first applies to a contract for the provision of services that is in effect on December 31, 2009, and that contains provisions that are inconsistent with that treatment on the day on which the contract expires or is extended, modified, or renewed, whichever occurs first.

(b) The repeal and recreation of section 49.343 (1g) of the statutes first applies to a contract for the provision of services that is in effect on December 31, 2010, and that contains provisions that are inconsistent with that treatment on the day on which the contract expires or is extended, modified, or renewed, whichever occurs first.

(4) Miscellaneous participation requirements under Wisconsin Works. The treatment of sections 49.147 (3) (c), (4) (as), (av), and (b), (5) (b) 1. (intro.), a., c., d., and e. and 2. and (bs), and (5m) (a) (intro.), 49.148 (1) (c) and (4) (b), 49.151 (1) (intro.) and (b), 49.1515, and 49.153 (1) (a), (b), and (c) of the statutes and the amendment of section 49.148 (1m) (a) and (b) of the statutes first apply to individuals participating in Wisconsin Works on the effective date of this subsection.

(8) Including child support in income. The treatment of section 49.155 (1m) (c) 1. (intro.) (by Section 1155c) (with respect to including child or family support in income), 1g. (with respect to including child or family support in income), and 1h. (by Section 1210) (with respect to including child or family support in income) of the statutes first applies to all of the following:

(a) Initial eligibility determinations and copayment determinations made on October 1, 2009, or on the effective date of this paragraph, whichever is later.

(b) For individuals who, on October 1, 2009, or the effective date of this paragraph, whichever is later, are already receiving a child care subsidy under section 49.155 of the statutes, as affected by this act, continued eligibility determinations made on April 1, 2010.

(8d) Child support pass-through. The treatment of sections 49.145 (2) (s) (by Section 1155c) and 49.775 (2) (bm) (by Section 1369c) of the statutes first applies to moneys received by the department of children and families on the effective date of this subsection.

(9) Arrearages collected. The treatment of section 49.1452 of the statutes first applies to arrearages collected on the effective date of this subsection.

(10i) Wisconsin Works grants for unmarried, pregnant women. The treatment of section 49.148 (1m) (title) and (c) (intro.) and 3. and 49.159 (4) of the statutes, the renumbering and amendment of section 49.148 (1m) (a) and (b) of the statutes, and the creation of section 49.148 (1m) (a) (intro.) and 2. of the statutes first apply to individuals who are determined, on the effective date of this subsection, to be eligible for the Wisconsin Works program under sections 49.141 to 49.161 of the statutes, as affected by this act.

(11) Day care center licensing fees. The treatment of section 48.65 (3) (a) of the statutes first applies to a day care center license issued or continued on the effective date of this subsection.

(12f) Child care provider services unit; collective bargaining. The treatment of sections 63.03 (2) (r) and 111.70 (1) (a) (with respect to a memorandum of understanding regarding municipal employees performing services for the child care provider services unit) and (3p) of the statutes first applies to any employee of a county having a population of 500,000 or more who is covered by a collective bargaining agreement that contains provisions inconsistent with this act on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

28,9309 Section 9309. Initial applicability; Circuit Courts.

(1) Expungement. The treatment of section 973.015 (1) (a) and (c) of the statutes first applies to sentencing orders that occur on the effective date of this subsection.

(3f) Successor asbestos-related liability. The treatment of section 895.61 of the statutes first applies to asbestos claims filed against a successor corporation on the effective date of this subsection and to asbestos claim actions pending against a successor corporation in which a trial has not commenced on the effective date of this subsection.

(4c) The treatment of sections 802.03 (9) and 846.35 (1) (c), (4), and (5) of the statutes, the renumbering of section 799.41 of the statutes, and the creation of section 799.41 (2) of the statutes, first apply to actions commenced on the effective date of this subsection.

28,9311 Section 9311. Initial applicability; Corrections.

(2) Release to extended supervision for medical reasons by department of corrections. The treatment of sections 301.03 (3) (as it relates to a petition filed under section 302.1135 of the statutes, as affected by this act), 302.113 (9g) (a) (intro.), 1., and 2., (b) (intro.), 1., 2., and 3., (c), (cm), (d), (e), (f) (intro.), 1., and 2., (g) 1., 2., and 3., (h), (i), and (j), 302.1135 (title), (1) (a), and (6) (a) (intro.) and (b), 801.50 (5), 911.01 (4) (c) (as it relates to a petition filed under section 302.1135 of the statutes, as affected by this act), 950.04 (1v) (g), (gm), and (nt), 973.01 (7) (as it relates to a petition filed under section 302.1135 of the statutes, as affected by this act), and 977.05 (4) (jm) of the statutes first applies to petitions submitted on the effective date of this subsection.

(4) Sentencing adjustment. The renumbering and amendment of section 302.113 (2) of the statutes, the amendment of sections 301.03 (3), 301.048 (2) (am) 3., 301.21 (1m) (c), 301.21 (2m) (c), 302.045 (3), 302.05 (3) (b), 302.11 (1g) (b) (intro.), 302.11 (1g) (b) 2., 302.11 (1g) (c), 302.11 (1g) (d), 302.11 (1m), 302.11 (7) (c), 302.113 (1), 302.113 (3) (d), 302.113 (7), 302.113 (9) (c), 302.114 (9) (c), 304.01 (title), 304.01 (1), 304.01 (2) (intro.), 304.01 (2) (b), 304.01 (2) (c), 304.01 (2) (d), 304.06 (title), 304.06 (1) (b), 304.06 (1) (c) (intro.), 304.06 (1) (d) 1., 304.06 (1) (d) 2., 304.06 (1) (d) 3m., 304.06 (1) (d) 4., 304.06 (1) (e), 304.06 (1) (eg), 304.06 (1) (em), 304.06 (1) (f), 304.06 (1) (g), 304.06 (1m) (intro.), 304.06 (1q) (b), 304.06 (1q) (c), 304.06 (1x), 304.06 (2m) (d), 304.06 (3), 304.06 (3e), 304.06 (3m), 304.071 (1), 809.30 (1) (c), 911.01 (4) (c), 950.04 (1v) (f), 950.04 (1v) (gm), 973.01 (4), 973.01 (7), 973.01 (8) (a) 2., 973.01 (8) (a) 3., 974.07 (4) (b) and 976.03 (23) (c) of the statutes, and the creation of sections 302.113 (2) (b), 302.113 (3) (e), 302.113 (9h), 304.06 (1) (bg), 304.06 (1) (bn), 304.06 (1) (br), 973.01 (3d), and 973.01 (4m) of the statutes first apply to a person sentenced on December 31, 1999.

(4q) Revocation of extended supervision. The renumbering and amendment of section 302.113 (9) (am) of the statutes and the creation of section 302.113 (9) (am) 2. and 3m. of the statutes first apply to revocations of extended supervision that occur on the effective date of this subsection.

28,9315 Section 9315. Initial applicability; Employee Trust Funds.

(1e) Retirement benefits for educational support personnel employees. The treatment of section 40.22 (2m) (a) of the statutes first applies to creditable service earned by participating employees under the Wisconsin Retirement System for periods of covered employment that begin on the effective date of this subsection.

(1f) Early retirement creditable service calculations for certain part-time employees under the Wisconsin Retirement System. The treatment of section 40.23 (2m) (fm) of the statutes first applies to participants in the Wisconsin Retirement System who are participating employees in the Wisconsin Retirement System on the effective date of this subsection.

(2j) Domestic partner benefits for state employees and annuitants.

(a) Except as provided in paragraph (b), the treatment of sections 40.02 (20), (21c), (21d), and (25) (b) 3., 40.51 (2m), and 40.52 (2) of the statutes first applies to coverage under group insurance plans offered by the group insurance board on January 1, 2010.

(b) If the effective date of this paragraph is on or after August 1, 2010, the treatment of sections 40.02 (20), (21c), (21d), and (25) (b) 3., 40.51 (2m), and 40.52 (2) of the statutes first applies to coverage under group insurance plans offered by the group insurance board on January 1, 2011.

28,9316 Section 9316. Initial applicability; Employment Relations Commission.

(1x) Qualified economic offers. The treatment of section 111.70 (1) (dm), (fm), (nc), and (ne) and (4) (cm) 5s., 6. a. and am., 8p., and 8s. and (m) 6. of the statutes first applies to petitions for arbitration that relate to collective bargaining agreements that cover periods beginning on or after July 1, 2009, and that are filed under section 111.70 (4) (cm) 6. of the statutes, as affected by this act, on the effective date of this subsection.

(2j) Municipal employment relations act. The treatment of section 111.70 (1) (b), (3) (a) 4., and (4) (cm) 5., 7., 7g., 7r. (intro.), and 8m. a., b., and c., (cn), and (d) 2. a. of the statutes first applies to collective bargaining agreements entered into, extended, modified, or renewed, whichever occurs first, on the effective date of this subsection.

28,9317 Section 9317. Initial applicability; Financial Institutions.

(1) Securities fees. The treatment of section 551.614 (2) of the statutes first applies to filings received by the division of securities on the effective date of this subsection.

(2) Securities fees. The treatment of section 551.614 (1) (a) and (b) 1. a. and b. and 2. a. and b. of the statutes first applies to filings received by the division of securities on the effective date of this subsection.

28,9322 Section 9322. Initial applicability; Health Services.

(1) Family care entitlement. The treatment of section 46.286 (3) (c) of the statutes first applies to care management organizations that implement the family care benefit on January 1, 2008.

(2) Inspection fees. The treatment of sections 49.45 (47) (e), 50.03 (5g) (cm), 50.033 (3), 50.034 (10), 50.04 (4) (dm), 50.36 (4), 50.49 (4), and 50.93 (5) of the statutes first applies to enforcement actions taken on the effective date of this subsection.

(3f) Medical assistance services by managed care organizations. The treatment of section 49.45 (24d), (44g), and (50m) of the statutes first applies to contracts between the department of health services and a managed care organization entered into on the effective date of this subsection.

(5f) Mental health institute services. The treatment of section 49.45 (30r) of the statutes first applies to services provided on the effective date of this subsection.

(7) Supplemental security income caretaker supplement.

(a) Arrearages collected. The treatment of section 49.776 of the statutes first applies to arrearages collected on the effective date of this paragraph.

(b) Disregard of child support. The treatment of section 49.775 (2m) of the statutes first applies to eligibility determinations made or reviewed on the effective date of this paragraph.

(9) Relief block grants. The treatment of sections 20.435 (4) (h) (by Section 354), 46.21 (1) (d), 46.215 (1) (d) and (fm), 46.22 (1) (b) 1. d. and h., 46.23 (2) (a), 49.002, 49.01 (3m) and (8j), 49.015 (1) (a) and (c) and (3) (a), 49.02 (1) (intro.), (a), (b), and (c) (intro.), 1., 2., and 4., (1e), and (2) (b) and (f), 49.025, 49.027, 49.031, 49.141 (1) (s), and 49.45 (6y) (am) and (b) of the statutes and the repeal of section 20.435 (4) (bt) of the statutes first apply with respect to assistance or health care services provided on July 1, 2009.

(9c) Patient health care record fees. The treatment of sections 146.81 (1) (q), (r), and (s) and (4), 146.83 (1) (intro.), (a), (b), and (c), (1f), (1g), (1h), (1k), (1m) (a) and (b), and (3m), and 146.84 (2) (a) 1. , (d), (e), and (f) of the statutes first applies to requests to inspect patient health care records and requests for copies of patient health care records that are made on the effective date of this subsection.

28,9323 Section 9323. Initial applicability; Higher Educational Aids Board.

(1q) Reimbursement of veterans and dependents.

(a) Educational assistance reimbursement. The treatment of sections 20.235 (1) (fz), 36.27 (3n) (bm) and (3p) (bm), 38.24 (7) (bm) and (8) (bm), and 39.50 (3m) (title) and (4) of the statutes first applies to a student who is enrolled in the fall 2009 semester.

(b) Fee remission. The treatment of sections 36.27 (3n) (b) (intro.) and (bg) and (3p) (b) and (bg) and 38.24 (7) (b) (intro.) and (bg) and (8) (b) and (bg) of the statutes first applies to a student who is enrolled in the spring 2010 semester.

28,9326 Section 9326. Initial applicability; Insurance.

(1) Agent appointment fees. The treatment of section 601.31 (1) (n) of the statutes first applies to fees for appointments and renewals of appointments paid on the effective date of this subsection.

(3) Modifications at renewal. The treatment of section 632.7497 of the statutes first applies to individual major medical or comprehensive health benefit plans that are renewed on the effective date of this subsection.

(3u) Renewal exception for short-term plans. The treatment of section 632.7495 (5) of the statutes, the renumbering and amendment of section 632.7495 (4) of the statutes, and the creation of section 632.7495 (4) (b), (c), and (d) of the statutes first apply to individual health benefit plans that are short-term plans and that are issued or renewed on the effective date of this subsection.

(4) Preexisting condition exclusions. The treatment of section 632.76 (2) (ac) and (b) of the statutes first applies to individual disability insurance policies that are issued or renewed on the effective date of this subsection.

(6) Motor vehicle insurance coverages. The treatment of sections 62.67, 121.555 (2) (a), 344.55 (1) (intro.), 631.43 (3), and 632.32 (2) (a), (am), (c), (cm), (d), (e), (f), and (g), (4) (title), (intro.), (a) (title), 1., 2., 2m., and 3., (bc), (4m), and (5) (f), (g), (h), (i) , and (j) of the statutes, the repeal of section 632.32 (4) (b) (title) of the statutes, and the renumbering and amendment of section 632.32 (4) (b) of the statutes first apply to motor vehicle insurance policies issued or renewed on the effective date of this subsection.

(6f) Prohibited bases for assessing risk for motor vehicle insurance. The treatment of section 632.355 of the statutes first applies to motor vehicle insurance policies issued or renewed on the effective date of this subsection.

(7) Financial responsibility.

(a) The treatment of section 344.15 (1) of the statutes first applies with respect to accidents occurring on the effective date of this paragraph.

(b) The treatment of sections 344.01 (2) (d) and 344.33 (2) of the statutes first applies to proof of financial responsibility or proof of financial responsibility for the future that is furnished on the effective date of this paragraph.

(8) Payment for health care services.

(a) Subject to paragraph (b), the treatment of section 632.845 of the statutes first applies to claims for payment of health care services that are made on the effective date of this paragraph.

(b) If a health care plan that is in effect on the effective date of this paragraph contains a provision that is inconsistent with the treatment of section 632.845 of the statutes, the treatment of section 632.845 of the statutes first applies to that health care plan on the date on which it is renewed.

(8L) Insurance coverage for autism treatment. The treatment of sections 609.87 and 632.895 (12m) of the statutes first applies to all of the following:

(a) Except as provided in paragraphs (b) and (c), disability insurance policies that are issued or renewed, and self-insured governmental or school district health plans that are established, extended, modified, or renewed, on the first day of the 5th month beginning after publication.

(b) Disability insurance policies covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are issued or renewed on the earlier of the following:

1. The day on which the collective bargaining agreement expires.

2. The day on which the collective bargaining agreement is extended, modified, or renewed.

(c) Self-insured governmental or school district health plans covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are established, extended, modified, or renewed on the earlier of the following:

1. The day on which the collective bargaining agreement expires.

2. The day on which the collective bargaining agreement is extended, modified, or renewed.

(9f) Coverage of contraceptives and dependents. The treatment of sections 40.51 (8) and (8m), 66.0137 (4), 111.91 (2) (n) and (nm), 120.13 (2) (g), 185.981 (4t), 185.983 (1) (intro.), 609.755, 609.805, 632.885, and 632.895 (17) of the statutes first applies to all of the following:

(a) Except as provided in paragraphs (b) and (c), disability insurance policies that are issued or renewed, and governmental or school district self-insured health plans that are established, extended, modified, or renewed, on the effective date of this paragraph.

(b) Disability insurance policies covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are issued or renewed on the earlier of the following:

1. The day on which the collective bargaining agreement expires.

2. The day on which the collective bargaining agreement is extended, modified, or renewed.

(c) Governmental or school district self-insured health plans covering employees who are affected by a collective bargaining agreement containing provisions inconsistent with this act that are established, extended, modified, or renewed on the earlier of the following:

1. The day on which the collective bargaining agreement expires.

2. The day on which the collective bargaining agreement is extended, modified, or renewed.

(9q) Coverage of licensed mental health professionals services. If a group health insurance policy that is in effect on the effective date of this subsection contains a provision that is inconsistent with the treatment of section 632.89 (1) (dm) and (e) 4. of the statutes, the treatment of section 632.89 (1) (dm) and (e) 4. of the statutes first applies to that insurance policy on the date on which it is renewed.

(10q) Coverage of psychologists services. If a group health insurance policy that is in effect on the effective date of this subsection contains a provision that is inconsistent with the treatment of section 632.89 (1) (e) 3. of the statutes, the treatment of section 632.89 (1) (e) 3. of the statutes first applies to that insurance policy on the date on which it is renewed.

28,9330 Section 9330. Initial applicability; Justice.

(1) Crime laboratories and drug law enforcement surcharge. The treatment of section 165.755 (1) (a) of the statutes first applies to violations committed on the effective date of this subsection.

28,9333 Section 9333. Initial applicability; Local Government.