Wisconsin Legislature: 59,9109

(2) Wisconsin Works controlled substance screening and testing.

(a) Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under section 49.162 (7) of the statutes for the period before the effective date of the permanent rule promulgated under section 49.162 (7) of the statutes but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (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.

(b) The department of children and families shall present the statement of scope of any emergency rules promulgated under paragraph (a ) to the governor for approval under section 227.135 (2) of the statutes no later than the 120th day after the effective date of this paragraph.

(3t) Rate-based service contracts. If on the effective date of this subsection, the amount accumulated by a provider, as defined in section 49.34 (5m) (a) 1. of the statutes, from all contract periods ending before that date for all rate-based services, as defined in section 49.34 (5m) (a) 2. of the statutes, provided by the provider exceeds 10 percent of the provider's total contract amount for all rate-based services in the year before the effective date of this subsection, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. If the department of children and families under section 49.34 (5m) of the statutes determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department of children and families may seek to recover funds after the 6-month period has expired. The department of children and families shall commence any audit or fiscal review under this subsection within 6 years after the end of the contract period.

(3w) Work participation rate.

(a) The department of children and families shall submit reports to the joint committee on finance that detail performance on work participation rate targets in the temporary assistance for needy families program, progress made on any compliance programs with the federal department of health and human services, and the appeals process for any penalties applied to the state under the temporary assistance for needy families program that are related to work participation rate requirements. The department of children and families shall submit the reports no later than September 15, 2017, March 16, 2018, September 14, 2018, and March 15, 2019.

(b) On or before October 1, 2018, the department of children and families shall present to the joint committee on finance for its approval a plan to improve work participation rates in the temporary assistance for needy families program. The department may incorporate into the plan a request for a waiver under Section 1115 of the Social Security Act. If the cochairpersons of the joint committee on finance do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date the plan was submitted, the department shall implement the plan. If, within 14 working days after the date the plan was submitted, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not implement the plan unless the committee approves or modifies the plan. If the committee modifies the plan, the department may implement the plan only as modified by the committee.

59,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

59,9108 Section 9108. Nonstatutory provisions; Corrections.

(2t) Rate-based service contracts. If on the effective date of this subsection, the amount accumulated by a provider, as defined in section 301.08 (2) (em) 1. a. of the statutes, from all contract periods ending before that date for all rate-based services, as defined in section 301.08 (2) (em) 1. b. of the statutes, provided by the provider exceeds 10 percent of the provider's total contract amount for all rate-based services in the year before the effective date of this subsection, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. If the department of corrections under section 301.08 (2) (em) of the statutes determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department of corrections may seek to recover funds after the 6-month period has expired. The department of corrections shall commence any audit or fiscal review under this subsection within 6 years after the end of the contract period.

(2w) Report on body-worn cameras by correctional officers. By July 1, 2018, the department of corrections shall submit a report to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes that does all of the following:

(a) Identifies each institution at which body-worn cameras are being used.

(b) Indicates how many body-worn cameras are being used at each institution under paragraph (a).

(c) Compares the number of staff and inmate assaults reported in restrictive housing since body-worn cameras started being used to the number of staff and inmate assaults reported in restricted housing before body-worn cameras started being used.

(8w) Alcohol abuse treatment program.

(a) The department of corrections shall design an alcohol abuse treatment program to provide intensive treatment in conjunction with a work release model that allows inmates to work in individual job placements. The department shall develop community job placements that are appropriately matched to each inmate's employment and educational skills and shall provide or arrange for appropriate transportation to and from job sites.

(b) The department of corrections shall submit as part of its 2019-21 agency budget request a request for staffing and funding for the program under paragraph (a) and any statutory changes that may be necessary to provide sentencing modifications to coordinate the program.

(c) Five years after the program under paragraph (a) begins operation, the department of corrections shall submit to the governor and the appropriate standing committees of the legislature under section 13.172 (3) of the statutes an evidence-based evaluation of the program's impact on inmates' long-term recovery from alcohol abuse problems and recidivism into the criminal justice system.

(22t) Report on serious mental illness among department of corrections inmates. By July 1, 2018, the department of corrections shall submit to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes a report on serious mental illness among department of corrections inmates, which shall include all of the following:

(a) The average number of inmates with a serious mental illness in each department of corrections institution.

(b) The average number of inmates with a serious mental illness in each department of corrections institution restrictive housing unit.

(c) The department of corrections' compliance status or alternative policies related to each of the U.S. department of justice's recommendations related to the use of restrictive housing for inmates with a serious mental illness.

(d) An estimate of what additional resources, if any, are necessary to address serious mental illness within the department of corrections inmate population.

(31t) Department of corrections inmate work opportunities.

(a) By December 31, 2017, the department of corrections shall submit to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes a report on department of corrections inmate work opportunities, which shall include all of the following:

1. A survey of existing work release programs at each department of corrections institution and the estimated number of inmates who participate in those programs at each department of corrections institution.

2. The estimated number of department of corrections inmates who continue to work after release from incarceration at a job at which he or she began working as an inmate in a work release program.

3. The costs assessed by the department of corrections on each department of corrections work release participant.

(b) By December 31, 2017, the department of corrections shall submit to the appropriate standing committees of the legislature under section 13.172 (3) of the statutes a plan to increase employment opportunity incentives for department of corrections inmates.

59,9109 Section 9109. Nonstatutory provisions; Court of Appeals.

59,9110 Section 9110. Nonstatutory provisions; District Attorneys.

59,9111 Section 9111. Nonstatutory provisions; Educational Approval Board.

(1p) Temporary attachment of educational approval board to department of safety and professional services.

(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the technical college system board primarily related to the functions of the educational approval board, as determined by the secretary of administration, become the assets and liabilities of the department of safety and professional services.

(b) Positions and employees.

1. On the effective date of this subdivision, all FTE positions, and the incumbent employees holding those positions, in the technical college system board performing duties primarily related to the functions of the educational approval board, as determined by the secretary of administration, are transferred to the department of safety and professional services.

2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the technical college system board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.

(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the technical college system board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of safety and professional services.

(d) Contracts. All contracts entered into by the technical college system board in effect on the effective date of this paragraph that are primarily related to the functions of the educational approval board, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

(e) Pending matters. Any matter pending with the technical college system board that is primarily related to the functions of the educational approval board, as determined by the secretary of administration, is transferred to the department of safety and professional services. All materials submitted to or actions taken by the technical college system board with respect to the pending matter are considered as having been submitted to or taken by the department of safety and professional services.

(1q) Elimination of educational approval board and transfer of functions.

(a) Definition. In this subsection, “board” means the educational approval board.

(b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the board become the assets and liabilities of the department of safety and professional services.

(bm) Positions and employees.

1. On the effective date of this subdivision, all FTE positions , and the incumbent employees holding those positions, in the board are transferred to the department of safety and professional services.

2. Employees transferred under subdivision 1. have all the rights and the same status under chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee transferred under subdivision 1. who has attained permanent status in class is required to serve a probationary period.

(c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the board is transferred to the department of safety and professional services.

(d) Contracts. All contracts entered into by the board in effect on the effective date of this paragraph remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under those contracts unless modified or rescinded by the department to the extent allowed under the contract.

(e) Rules and orders.

1. All rules promulgated by the board in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services.

2. All orders issued by the board in effect on the effective date of this subdivision remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

(f) Pending matters. Any matter pending with the board on the effective date of this paragraph is transferred to the department of safety and professional services. All materials submitted to or actions taken by the board are considered as having been submitted to or taken by the department of safety and professional services.

59,9112 Section 9112. Nonstatutory provisions; Educational Communications Board.

59,9113 Section 9113. Nonstatutory provisions; Elections Commission.

(1) Depletion of federal Help America Vote Act funding for eligible election administration costs. During fiscal year 2018-19, the elections commission shall spend all available funds in the appropriation account under section 20.510 (1) (x) of the statutes prior to spending any funds appropriated to the elections commission under section 20.510 (1) (a) of the statutes for the purpose of replacing election administration funding received from the federal government under the federal Help America Vote Act, Public Law 107-252. The elections commission may spend moneys appropriated under section 20.510 (1) (x) of the statutes only on election administration costs permissible under the federal Help America Vote Act, Public Law 107-252.

59,9114 Section 9114. Nonstatutory provisions; Employee Trust Funds.

(1c) Consumer-driven health plan educational campaign.

(a) The department of employee trust funds shall develop a plan to conduct a consumer-driven health plan educational campaign before and during the annual enrollment period under the state health insurance plan for the 2019 calendar year. The educational campaign shall provide all of the following information:

1. The advantages of high-deductible health plans and health savings accounts.

2. Examples of individuals or families that may benefit from high-deductible health plans and health savings accounts.

3. Any consumer-driven health plan design changes or initiatives approved by the group insurance board for implementation by the department of employee trust funds.

(b) No later than January 1, 2018, the department of employee trust funds shall submit the plan developed under paragraph (a), along with a request for any funding needed to conduct the educational campaign described under paragraph (a), to the joint committee on finance under section 13.10 of the statutes. The department of employee trust funds may not conduct the educational campaign unless the committee approves the plan.

(1t) Group insurance board plan for state program reserves.

(a) No later than March 1, 2018, the group insurance board shall submit to the joint committee on finance for review a plan that includes all of the following:

1. The amount of state program reserves as of December 31, 2017.

2. The amount of state program reserves that will be used during calendar year 2018 to reduce state program costs.

3. A projection of 2018 year-end state program reserves prepared by the group insurance board's consulting actuary.

4. The group insurance board's planned utilization of state program reserves in calendar year 2019.

(b) If, within 21 working days after the date on which the group insurance board submitted the plan described under paragraph (a), the cochairpersons of the joint committee on finance do not notify the group insurance board that the joint committee on finance has scheduled a meeting for the purpose of reviewing the plan, the group insurance board may implement the plan. If, within 21 working days after the date on which the group insurance board submitted the plan, the cochairpersons of the joint committee on finance notify the group insurance board that the joint committee on finance has scheduled a meeting for the purpose of reviewing the plan, the group insurance board may implement the plan only upon approval of the joint committee on finance.

(2p) Group insurance board; group health program reserves.

(a) During the 2017-19 fiscal biennium, the group insurance board shall use $68,800,000 of the state group health program reserves established under section 40.03 (6) of the statutes to reduce state group health program costs.

(b) During the 2017-19 fiscal biennium, the group insurance board shall review its policies related to maintaining reserves for fully insured health plans. In conducting this review, the group insurance board shall review at least all of the following:

1. The history of changes in the participation of fully insured health plans in the group health insurance program.

2. The number of members affected by the discontinuation of fully insured health plans from year to year.

3. The dollar amount of claims or premiums associated with members that are affected by the discontinuation of fully insured health plans from year to year.

(2w) State employee group health program savings. The group insurance board shall attempt to ensure that state employee group health program costs, paid from general purpose revenues, are reduced by $63,900,000 during the 2017-19 fiscal biennium. The reductions shall be achieved through a combination of the following:

(a) Savings resulting from negotiations with insurers who provide health care coverage to state employees.

(b) Utilization of state group health program reserves.

(d) Additional utilization of state group health program reserves during 2018 and 2019 if the group insurance board revises its reserve policy.

(e) Health care plan design changes, with a focus on consumer-driven health care, provided that the changes do not increase total employee premium costs under the lowest tier plans under section 40.51 (6) of the statutes by more than 10 percent during 2018 and 2019. The costs include health insurance premiums, co-pays, deductibles, coinsurance, and out-of-pocket expenditures.

(f) Any other state employee health program or health care plan changes, provided that they do not increase total employee health insurance premium costs under the lowest tier plans under section 40.51 (6) of the statutes by more than 10 percent during 2018 and 2019. The costs include health insurance premiums, co-pays, deductibles, coinsurance, and out-of-pocket expenditures.

59,9115 Section 9115. Nonstatutory provisions; Employment Relations Commission.

(1) Elimination of offices of commissioner. On the effective date of this subsection, the 3 offices of commissioner at the Employment Relations Commission are eliminated.

59,9116 Section 9116. Nonstatutory provisions; Ethics Commission.

59,9117 Section 9117. Nonstatutory provisions; Financial Institutions.

59,9118 Section 9118. Nonstatutory provisions; Governor.

59,9119 Section 9119. Nonstatutory provisions; Health and Educational Facilities Authority.

59,9120 Section 9120. Nonstatutory provisions; Health Services.