Amendment CSA1-SB40

SB40-CSA1,1175,6 146.997 (1) (c) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health complex or other place licensed or approved by the department of health and family services under s. 49.70, 49.71, 49.72, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-CSA1, s. 2876 Section 2876. 149.11 (2) (a) 1. of the statutes is amended to read:

SB40-CSA1,1175,9 149.11 (2) (a) 1. Insurer assessments under s. 149.13 , paid to the authority under s. 20.145 (5) (g).

SB40-CSA1, s. 2877 Section 2877. 149.11 (2) (a) 3. of the statutes is repealed and recreated to read:

SB40-CSA1,1175,12 149.11 (2) (a) 3. Moneys received from the federal government in high risk pool grants.

SB40-CSA1, s. 2878 Section 2878. 149.11 (2) (b) of the statutes is amended to read:

SB40-CSA1,1175,17 149.11 (2) (b) The authority controls the assets of the fund and shall select regulated financial institutions in this state that receive deposits in which to establish and maintain accounts for assets needed on a current basis. If practicable, the accounts shall earn interest.

SB40-CSA1, s. 2881 Section 2881. 149.12 (2) (f) 2. g. of the statutes is created to read:

SB40-CSA1,1175,20 149.12 (2) (f) 2. g. Benefits under the demonstration project for childless adults under s. 49.45 (23).

SB40-CSA1, s. 2882 Section 2882. 149.12 (2) (g) 3. of the statutes is amended to read:

SB40-CSA1,1175,24 149.12 (2) (g) 3. Services provided under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) the disabled children's long-term support program, as defined in s. 46.011 (1g).

SB40-CSA1, s. 2883 Section 2883. 149.12 (3) (a) of the statutes is amended to read:

SB40-CSA1,1176,6 149.12 (3) (a) Except as provided in pars. (b) and (bm) to (c), no person is eligible for coverage under the plan for whom a premium, deductible, or coinsurance amount is paid or reimbursed by a federal, state, county, or municipal government or agency as of the first day of any term for which a premium amount is paid or reimbursed and as of the day after the last day of any term during which a deductible or coinsurance amount is paid or reimbursed.

SB40-CSA1, s. 2884 Section 2884. 149.12 (3) (c) of the statutes is created to read:

SB40-CSA1,1176,11 149.12 (3) (c) Persons for whom premium costs for health insurance coverage and copayments for certain prescription drugs are paid under the pilot program under s. 49.686 (6) are not ineligible for coverage under the plan by reason of such payments.

SB40-CSA1, s. 2885 Section 2885. 149.13 (3) (a) of the statutes is amended to read:

SB40-CSA1,1176,18 149.13 (3) (a) Each insurer's proportion of participation under sub. (2) shall be determined annually by the commissioner based on annual statements and other reports filed by the insurer with the commissioner. The commissioner shall assess an insurer for the insurer's proportion of participation based on the total assessments estimated by the authority. An insurer shall pay the amount of the assessment directly to the authority.

SB40-CSA1, s. 2892 Section 2892. 149.143 (1) (intro.) of the statutes is amended to read:

SB40-CSA1,1176,25 149.143 (1) Costs excluding subsidies. (intro.) The authority shall pay plan costs, excluding any premium, deductible, and copayment subsidies, first from any federal funds, if any, that are transferred to the fund under s. 20.145 (5) (m) and under s. 149.11 (2) (a) 3. that exceed premium, deductible, and copayment subsidy costs in a policy year. The remainder of the plan costs, excluding premium, deductible, and copayment subsidy costs, shall be paid as follows:

SB40-CSA1, s. 2893 Section 2893. 149.143 (2) (intro.) of the statutes is amended to read:

SB40-CSA1,1177,5 149.143 (2) Subsidy costs. (intro.) The authority shall pay for premium, deductible, and copayment subsidies in a policy year first from any federal funds, if any, that are transferred to the fund under s. 20.145 (5) (m) under s. 149.11 (2) (a) 3. received in that year. The remainder of the subsidy costs shall be paid as follows:

SB40-CSA1, s. 2894h Section 2894h. 149.165 (4) of the statutes is created to read:

SB40-CSA1,1177,19 149.165 (4) If an eligible person who is receiving a premium subsidy under this section as of the implementation date for the demonstration project for childless adults under s. 49.45 (23) voluntarily terminates coverage under the plan and enrolls in the demonstration project for childless adults under s. 49.45 (23), the authority shall transfer to the department of health and family services an amount that is equal to the subsidy amount to which the person would have been entitled under this section on the date on which the person enrolls in the project under s. 49.45 (23) had he or she not terminated coverage under the plan. For as long as the person is enrolled in the project under s. 49.45 (23), the authority shall continue to transfer that subsidy amount to the department of health and family services at the same time intervals as the person would have received the subsidy under this section. The department of health and family services shall credit the amounts transferred under this subsection to the appropriation account under s. 20.435 (4) (jz).

SB40-CSA1, s. 2895h Section 2895h. Subchapter IV of chapter 149 [precedes 149.60] of the statutes is repealed.

SB40-CSA1, s. 2898g Section 2898g. 150.84 (2) of the statutes is amended to read:

SB40-CSA1,1178,3 150.84 (2) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-CSA1, s. 2898h Section 2898h. 153.05 (2r) (intro.) of the statutes, as affected by 2005 Wisconsin Act 228, is amended to read:

SB40-CSA1,1178,14 153.05 (2r) (intro.) Notwithstanding s. 16.75 (1), (2), and (3m), from the appropriation account under s. 20.515 (1) (ut) the department of employee trust funds may expend up to $150,000, and from the appropriation accounts under s. 20.435 (1) (hg) and (hi) the department of health and family services, in its capacity as a public health authority, may expend moneys, to contract with a data organization to perform services under this chapter that are specified for the data organization under sub. (1) (c) or, if s. 153.455 (4) applies, for the department of health and family services to perform or contract for the performance of these services. As condition of the contract under this subsection, all of the following apply:

SB40-CSA1, s. 2898r Section 2898r. 155.01 (6) of the statutes is amended to read:

SB40-CSA1,1178,21 155.01 (6) "Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.

SB40-CSA1, s. 2902 Section 2902. 165.08 of the statutes is amended to read:

SB40-CSA1,1179,5 165.08 Power to compromise. Any civil action prosecuted by the department by direction of any officer, department, board or commission, shall be compromised or discontinued when so directed by such officer, department, board or commission. Any Except as provided in s. 20.931 (7) (b), any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of the governor. In any criminal action prosecuted by the attorney general, the department shall have the same powers with reference to such action as are vested in district attorneys.

SB40-CSA1, s. 2904 Section 2904. 165.25 (11) of the statutes is created to read:

SB40-CSA1,1179,9 165.25 (11) False claims. Diligently investigate possible violations of s. 20.931, and, if the department determines that a person has committed an act that is punishable under s. 20.931, may bring a civil action against that person.

SB40-CSA1, s. 2905 Section 2905. 165.72 (3) of the statutes is amended to read:

SB40-CSA1,1179,14 165.72 (3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under s. 20.455 (2) (e) (m) for information under sub. (2) (a) leading to the arrest and conviction of a person for a violation of ch. 961.

SB40-CSA1, s. 2906 Section 2906. 165.85 (3) (cm) of the statutes is amended to read:

SB40-CSA1,1180,6 165.85 (3) (cm) Decertify law enforcement, tribal law enforcement, jail or secure detention officers who terminate employment or are terminated, who violate or fail to comply with a rule or order of the board relating to curriculum or training, who fail to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or who fail to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings. The board shall establish procedures for decertification in compliance with ch. 227, except that decertification for failure to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or for failure to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings shall be done as provided under sub. (3m) (a).

SB40-CSA1, s. 2907 Section 2907. 165.85 (3m) (a) of the statutes is amended to read:

SB40-CSA1,1180,18 165.85 (3m) (a) As provided in a memorandum of understanding entered into with the department of workforce development children and families under s. 49.857, refuse certification to an individual who applies for certification under this section, refuse recertification to an individual certified under this section or decertify an individual certified under this section if the individual fails to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or if the individual fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.

SB40-CSA1, s. 2908 Section 2908. 165.85 (3m) (b) 1. of the statutes is amended to read:

SB40-CSA1,1181,4 165.85 (3m) (b) 1. Request that an individual provide the board with his or her social security number when he or she applies for certification or recertification under this section. Except as provided in subd. 2., if an individual who is requested by the board to provide his or her social security number under this paragraph does not comply with the board's request, the board shall deny the individual's application for certification or recertification. The board may disclose a social security number provided by an individual under this paragraph only to the department of workforce development children and families as provided in a memorandum of understanding entered into with the department of workforce development children and families under s. 49.857.

SB40-CSA1, s. 2909 Section 2909. 165.85 (3m) (b) 2. of the statutes is amended to read:

SB40-CSA1,1181,12 165.85 (3m) (b) 2. As a condition of applying for certification or recertification, an individual who does not have a social security number shall submit a statement made or subscribed under oath or affirmation to the board that he or she does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or recertification issued in reliance on a false statement submitted under this subdivision is invalid.

SB40-CSA1, s. 2909h Section 2909h. 165.91 (2) of the statutes is renumbered 165.91 (2) (a) and amended to read:

SB40-CSA1,1181,23 165.91 (2) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this section subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under sub. (3) par. (b). The department shall review the use of grant money provided under this section subsection to ensure that the money is used according to the approved plan.

SB40-CSA1, s. 2909j Section 2909j. 165.91 (3) of the statutes is renumbered 165.91 (2) (b) and amended to read:

SB40-CSA1,1182,5 165.91 (2) (b) The department shall develop criteria and procedures for use in administering this section subsection. The department may not consider the grant under sub. (4) when determining grant awards under this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

SB40-CSA1, s. 2909L Section 2909L. 165.91 (4) of the statutes is created to read:

SB40-CSA1,1182,9 165.91 (4) From the appropriation under s. 20.455 (2) (kw) the department shall annually award the Lac Courte Oreilles band of Lake Superior Chippewa Indians $80,000 for tribal law enforcement services.

SB40-CSA1, s. 2913c Section 2913c. 167.10 (3) (c) (intro.) of the statutes is amended to read:

SB40-CSA1,1182,12 167.10 (3) (c) (intro.) A permit under this subsection may be issued only to the following persons:

SB40-CSA1, s. 2913d Section 2913d. 167.10 (3) (c) 6. of the statutes is repealed and recreated to read:

SB40-CSA1,1182,15 167.10 (3) (c) 6. Any individual or group of individuals.

SB40-CSA1, s. 2913e Section 2913e. 167.10 (4) of the statutes is amended to read:

SB40-CSA1,1182,23 167.10 (4) Out-of-state and in-state shipping. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a person outside of this state nonresident person or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2) and (11), common motor carrier, contract motor carrier or private motor carrier.

SB40-CSA1, s. 2914 Section 2914. 169.34 (2) of the statutes is amended to read:

SB40-CSA1,1183,4 169.34 (2) Disclosure of social security numbers. The department of natural resources may not disclose any social security numbers received under sub. (1) to any person except to the department of workforce development children and families for the sole purpose of administering s. 49.22.

SB40-CSA1, s. 2915 Section 2915. 169.34 (3) (a) of the statutes is amended to read:

SB40-CSA1,1183,15 169.34 (3) (a) As provided in the memorandum of understanding required under s. 49.857 (2), the department of natural resources shall deny an application to issue or renew, to suspend if already issued, or to otherwise withhold or restrict a license issued under this chapter if the applicant for or the holder of the license is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or if the applicant or holder fails to comply with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and relating to paternity or child support proceedings.

SB40-CSA1, s. 2916 Section 2916. 170.12 (3m) (a) 1m. of the statutes is amended to read:

SB40-CSA1,1183,22 170.12 (3m) (a) 1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

SB40-CSA1, s. 2917 Section 2917. 170.12 (3m) (b) 2. of the statutes is amended to read:

SB40-CSA1,1184,3 170.12 (3m) (b) 2. The board may disclose information under par. (a) 1. or 2. to the department of workforce development children and families in accordance with a memorandum of understanding under s. 49.857.

SB40-CSA1, s. 2918 Section 2918. 170.12 (8) (b) 1. c. of the statutes is amended to read:

SB40-CSA1,1184,15 170.12 (8) (b) 1. c. In the case of a permit holder who is an individual, the applicant fails to provide his or her social security number, fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the applicant is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose renewal application is denied under this subd. 1. c. is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-CSA1, s. 2919 Section 2919. 170.12 (8) (b) 2. of the statutes is amended to read:

SB40-CSA1,1185,3 170.12 (8) (b) 2. The board shall restrict or suspend a permit issued under this section if the board finds that, in the case of a permit holder who is an individual, the permit holder fails to comply, after appropriate notice, with a subpoena or warrant that is issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and that is related to paternity or child support proceedings or the permit holder is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. A permit holder whose permit is restricted or suspended under this subdivision is entitled to a notice and hearing under s. 49.857 but is not entitled to any other hearing under this section.

SB40-CSA1, s. 2921 Section 2921. 175.40 (6m) (c) 4. of the statutes is created to read:

SB40-CSA1,1185,9 175.40 (6m) (c) 4. By no later than 30 days after the end of each calendar quarter, the department of administration shall submit a report to the joint committee on finance detailing all moneys expended or encumbered from the appropriation account under s. 20.505 (2) (am) during that calendar quarter for costs and judgments under subd. 1. or 2.

SB40-CSA1, s. 2922 Section 2922. 177.265 (1) (intro.) of the statutes is amended to read:

SB40-CSA1,1185,13 177.265 (1) (intro.) At least quarterly, the department of workforce development children and families shall reimburse the administrator, based on information provided by the administrator, for all of the following:

SB40-CSA1, s. 2922u Section 2922u. 185.81 of the statutes is amended to read:

SB40-CSA1,1185,22 185.81 Admission of foreign cooperatives. A foreign cooperative is entitled to all rights, exemptions and privileges of a cooperative organized under this chapter, if it is authorized to do business in this state under ch. 180. Such foreign cooperative may qualify under ch. 180 whether or not formed for profit and whether or not formed with stock. Any such foreign cooperative claiming to be subject to s. 71.26 (1) (a) or 71.45 (1) (a) may be required to furnish the department of revenue with such facts as said department shall deem necessary to establish the foreign cooperative's rights thereunder.

SB40-CSA1, s. 2925 Section 2925. 194.23 (1) of the statutes is amended to read:

SB40-CSA1,1186,7 194.23 (1) No person may operate any motor vehicle as a common motor carrier unless the person first obtains a certificate and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the vehicle, except that no permit is required for the operation of a semitrailer. The department may issue or refuse to issue any certificate. The department may attach to the exercise of the privilege granted by a certificate any terms or conditions which are permitted under this chapter.

SB40-CSA1, s. 2926 Section 2926. 194.34 (1) of the statutes is amended to read:

SB40-CSA1,1186,17 194.34 (1) No person may operate any motor vehicle as a contract motor carrier unless the person first obtains a license and, if required under this chapter, a permit issued by the department, or unless the person is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a, for the operation of the motor vehicle, except that no permit is required for the operation of a semitrailer. The department may refuse to issue any license or may attach to the exercise of the privilege granted by a license any terms or conditions which are permitted under this chapter.

SB40-CSA1, s. 2927 Section 2927. 194.407 of the statutes is created to read:

SB40-CSA1,1186,24 194.407 Unified carrier registration system. (1) The department may participate in and do all things necessary to implement and administer a unified carrier registration system for motor carriers, including private motor carriers, in accordance with 49 USC 13908 and 14504a. The department may, consistent with federal law, establish by rule an annual fee under this section for a motor vehicle that is operated in this state and that is subject to the unified carrier registration system.

SB40-CSA1,1187,3 (2) The department may not administer both an insurance registration system for motor carriers under s. 194.405 and a registration system for motor carriers under this section.

SB40-CSA1,1187,12 (3) The department may use the emergency rules procedure under s. 227.24 to promulgate rules establishing the annual fee specified in sub. (1). Notwithstanding s. 227.24 (1) (c) and (2), these emergency rules may remain in effect until a subsequent rule is promulgated under this subsection or until the date on which permanent rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB40-CSA1, s. 2928 Section 2928. 194.41 (1) of the statutes is amended to read:

SB40-CSA1,1188,19 194.41 (1) No permit or vehicle registration may be issued to a common motor carrier of property, contract motor carrier, or rental company, no permit or vehicle registration may remain in force to operate any motor vehicle under the authority of this chapter, and no vehicle registration may be issued or remain in force for a semitrailer unless the carrier or rental company has on file with the department and in effect an approved certificate for a policy of insurance or other written contract in such form and containing such terms and conditions as may be approved by the department issued by an insurer authorized to do a surety or automobile liability business in this state under which the insurer assumes the liability prescribed by this section with respect to the operation of such motor vehicles. The certificate or other contract is subject to the approval of the department and shall provide that the insurer shall be directly liable for and shall pay all damages for injuries to or for the death of persons or for injuries to or destruction of property that may be recovered against the owner or operator of any such motor vehicles by reason of the negligent operation thereof in such amount as the department may require. Liability may be restricted so as to be inapplicable to damage claims on account of injury to or destruction of property transported, but the department may require, and with respect to a carrier transporting a building, as defined in s. 348.27 (12m) (a) 1., shall require, a certificate or other contract protecting the owner of the property transported by carriers from loss or damage in the amount and under the conditions as the department may require. No permit or vehicle registration may be issued to a common motor carrier of passengers by any motor vehicle, or other carrier of passengers by motor bus, except those registered in accordance with s. 341.26 (2) (a) and (d), and no permit or vehicle registration may remain in force to operate any motor vehicle unless it has on file with the department a like certificate or other contract in the form and containing the terms and conditions as may be approved by the department for the payment of damages for injuries to property and injuries to or for the death of persons, including passengers, in the amounts as the department may require. This subsection does not apply to a motor carrier that is registered by another state under a single-state or unified carrier registration system consistent with the standards under, respectively, 49 USC 14504 or 49 USC 13908 and 14504a.

SB40-CSA1, s. 2929 Section 2929. 196.218 (3) (a) 3. a. of the statutes is amended to read:

SB40-CSA1,1188,25 196.218 (3) (a) 3. a. The amount appropriated under s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.

SB40-CSA1, s. 2929e Section 2929e. 196.218 (3) (a) 4. of the statutes is repealed.

SB40-CSA1, s. 2929g Section 2929g. 196.218 (3) (e) of the statutes is amended to read:

SB40-CSA1,1189,6 196.218 (3) (e) Except as provided in par. (f) and s. 196.196 (2) (d), a A telecommunications provider or other person may not establish a surcharge on customers' bills to collect from customers contributions required under this subsection.