Amendment JR1 ASA1-AB11

LRBs0082/1

RAC/CMH/TJD:cjs:rs

January 2011 Special Session

2011 - 2012 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 11

February 22, 2011 - Offered by Representatives Grigsby, Mason, Shilling and Pocan.

AB11-ASA1,1,4 An Act ...; relating to: state finances, collective bargaining for public employees, compensation and fringe benefits of public employees, the state civil service system, the Medical Assistance program, sale of certain facilities, granting bonding authority, and making an appropriation.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB11-ASA1, s. 1 Section 1. 20.515 (1) (ut) of the statutes is amended to read:

AB11-ASA1,1,10 20.515 (1) (ut) Health insurance data collection and analysis and other consulting services contracts. From the public employee trust fund, the amounts in the schedule for the costs of contracting for insurance data collection and analysis services under ss. 40.03 (6) (j) and 153.05 (2r) and other consulting services contracts under s. 40.03 (6) (j).

AB11-ASA1, s. 2 Section 2. 20.866 (2) (xf) of the statutes is amended to read:

AB11-ASA1,2,11 20.866 (2) (xf) Building commission; refunding tax-supported and self-amortizing general obligation debt incurred before July 1, 2011. From the capital improvement fund, a sum sufficient to refund the whole or any part of any unpaid indebtedness used to finance tax-supported or self-amortizing facilities. The state may contract public debt in an amount not to exceed $309,000,000 $474,000,000 for this purpose. Such indebtedness shall be construed to include any premium and interest payable with respect thereto. Debt incurred by this paragraph shall be incurred before July 1, 2011, and shall be repaid under the appropriations providing for the retirement of public debt incurred for tax-supported and self-amortizing facilities in proportional amounts to the purposes for which the debt was refinanced.

AB11-ASA1, s. 3 Section 3. 40.03 (6) (c) of the statutes is amended to read:

AB11-ASA1,2,24 40.03 (6) (c) Shall not enter into any agreements to modify or expand group insurance coverage in a manner which conflicts with this chapter or rules of the department or materially affects the level of premiums required to be paid by the state or its employees, or the level of benefits to be provided, under any group insurance coverage. This restriction shall not be construed to prevent modifications required by law, prohibit the group insurance board from modifying the standard plan to establish a more cost effective benefit plan design or providing optional insurance coverages as alternatives to the standard insurance coverage when any excess of required premium over the premium for the standard coverage is paid by the employee, prohibit the group insurance board from encouraging participation in wellness or disease management programs, or prohibit the group insurance board from providing other plans as authorized under par. (b).

AB11-ASA1, s. 4 Section 4. 40.03 (6) (j) of the statutes is amended to read:

AB11-ASA1,3,5 40.03 (6) (j) May contract with the department of health services and may contract with other public or private entities for data collection and analysis services related to health maintenance organizations and insurance companies that provide health insurance to state employees, as well as for any other consulting services related to plans offered by the group insurance board.

AB11-ASA1, s. 5 Section 5. 40.04 (2) (a) of the statutes is amended to read:

AB11-ASA1,3,12 40.04 (2) (a) An administrative account shall be maintained within the fund from which administrative costs of the department shall be paid, except charges for services performed by the investment board, costs of medical and vocational evaluations used in determinations of eligibility for benefits under ss. 40.61, 40.63 and 40.65 and costs of contracting for insurance data collection and analysis services and other consulting services under s. 40.03 (6) (j).

AB11-ASA1, s. 6 Section 6. 40.04 (2) (e) of the statutes is amended to read:

AB11-ASA1,3,16 40.04 (2) (e) The costs of contracting for insurance data collection and analysis services and other consulting services under s. 40.03 (6) (j) shall be paid from the appropriation under s. 20.515 (1) (ut).

AB11-ASA1, s. 7 Section 7. 40.23 (2m) (e) 2. of the statutes is amended to read:

AB11-ASA1,3,23 40.23 (2m) (e) 2. For each participant for creditable service as an elected official or as an executive participating employee that is performed before January 1, 2000, 2.165%; for such creditable service that is performed on or after January 1, 2000, but before the effective date of this subdivision .... [LRB inserts date], 2%; and for such creditable service that is performed on or after the effective date of this subdivision .... [LRB inserts date], 1.6%.

AB11-ASA1, s. 8 Section 8. 49.175 (1) (zh) of the statutes is amended to read:

AB11-ASA1,4,4 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $6,664,200 in fiscal year 2009-10 and $6,664,200 $43,664,200 in fiscal year 2010-2011.

AB11-ASA1, s. 9 Section 9. 71.05 (6) (b) 47. of the statutes, as created by 2011 Wisconsin Act 5, is amended to read:

AB11-ASA1,4,25 71.05 (6) (b) 47. An amount equal to the increase in the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year, multiplied by $4,000 for a business with gross receipts of no greater than $5,000,000 in the taxable year or $2,000 for a business with gross receipts greater than $5,000,000 in the taxable year. For purposes of this subdivision, the increase in the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year is determined by subtracting from the number of full-time equivalent employees employed by the taxpayer in this state during the taxable year, as determined by computing the average employee count from the taxpayer's quarterly unemployment insurance reports or other information as required by the department for the taxable year, the number of full-time equivalent employees employed by the taxpayer in this state during the immediately preceding taxable year, as determined by computing the average employee count from the taxpayer's quarterly unemployment insurance reports or other information as required by the department for the immediately preceding taxable year. No person may claim a deduction under this subdivision if the person may claim a credit deduction under this subchapter based on the person relocating the person's business from another state to this state and in an amount equal to the person's tax liability. The department shall promulgate rules to administer this subdivision.

AB11-ASA1, s. 10 Section 10. 2009 Wisconsin Act 28, section 9222 (1d) is repealed.

AB11-ASA1, s. 9101 Section 9101. Nonstatutory provisions; Administration.

AB11-ASA1,5,6 (1) Tax reciprocity payments, Minnesota. From the appropriation account under section 20.855 (4) (c) of the statutes, the secretary of administration shall make the payment due the state of Minnesota under the tax reciprocity agreement, as it relates to taxable year 2009, plus interest, no later than June 30, 2011.

AB11-ASA1, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB11-ASA1,5,15 (1) Allocation of certain excess reserves in the public employee trust fund to reduce employer health insurance costs during 2011. Notwithstanding any action of the group insurance board under section 40.03 (6) (d) of the statutes, from reserve accounts established under section 20.515 (1) (r) of the statutes for group health insurance and pharmacy benefits for state employees, the secretary of employee trust funds shall allocate an amount equal to $28,000,000 to reduce employer costs for providing group health insurance for state employees for the period beginning on July 1, 2011, and ending on December 31, 2011.

AB11-ASA1,5,19 (2) Agreements to modify group insurance coverage for state employees. Section 40.03 (6) (c) of the statutes shall not apply to any agreements entered into by the group insurance board to modify group insurance coverage for the 2012 and 2013 calendar years.

AB11-ASA1,6,4 (3) Reductions in health care premium costs for health care coverage during 2012 calendar year. The group insurance board shall design health care coverage plans for the 2012 calendar year that, after adjusting for any inflationary increase in health benefit costs, as determined by the group insurance board, reduces the average premium cost of plans offered in the tier with the lowest employee premium cost under section 40.51 (6) of the statutes by at least 5 percent from the cost of such plans offered during the 2011 calendar year. The group insurance board shall include copayments in the health care coverage plans for the 2012 calendar year and may require health risk assessments for state employees and participation in wellness or disease management programs.

AB11-ASA1,6,13 (4) Audit of dependent eligibility under benefit programs. If the department of employee trust funds determines that an audit of benefit programs administered by the department is necessary for the purpose of verifying the eligibility of dependents covered under the benefit programs, the department shall submit a written request to the secretary of administration to expend an amount not exceeding $700,000 from the appropriation account under section 20.515 (1) (w) of the statutes for the 2011-12 fiscal year to fund the cost of the audit. If the secretary of administration approves the request, the department of employee trust funds may proceed with the audit.

AB11-ASA1, s. 9155 Section 9155. Nonstatutory provisions; Other.

AB11-ASA1,6,16 (1) Section 20.003 (4) shall not apply to the actions of the legislature in enacting this act.

AB11-ASA1,7,2 (2) Employee savings for 2010-11 fiscal year. Before March 15, 2011, the secretary of administration shall negotiate with representatives of employees in collective bargaining units under subchapter V of chapter 111 of the statutes to require employees to pay for the remainder of the 2010-11 fiscal year an additional $27,891,400 in either employee required contributions under the Wisconsin retirement system or health insurance premiums, or both. The $27,891,400 amount shall be reduced by any additional amount that the secretary of administration requires nonrepresented employees to pay for the remainder of the 2010-11 fiscal in either employee required contributions under the Wisconsin retirement system or health insurance premiums, or both.

AB11-ASA1, s. 9208 Section 9208. Fiscal changes; Children and Families.

AB11-ASA1,7,9 (1) Temporary Assistance for Needy Families block grant funds. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of children and families under section 20.437 (2) (md) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $37,000,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to support an increase in the earned income tax credit.

AB11-ASA1,7,10 (2) Income augmentation lapse.

AB11-ASA1,7,15 (a) Notwithstanding section 20.001 (3) (c) of the statutes, there is lapsed to the general fund from the appropriation account to the department of children and families under section 20.437 (1) (kx) of the statutes, as affected by the acts of 2011, $2,011,200 in the second fiscal year of the fiscal biennium in which this subsection takes effect.

AB11-ASA1,7,18 (b) Notwithstanding 2007 Wisconsin Act 20, section 9201 (1c) (a), the secretary of administration shall apply the lapse under paragraph (a) to the lapse requirement for the 2009-11 fiscal biennium under 2007 Wisconsin Act 20, section 9201 (1c) (a).

AB11-ASA1, s. 9211 Section 9211. Fiscal changes; Corrections.

AB11-ASA1,7,25 (1) Adult correctional services. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (a) of the statutes, as affected by the acts of 2011, the dollar amount is increased by $19,537,900 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase funding for the purpose for which the appropriation is made.

AB11-ASA1,8,1 (2) Transfers.

AB11-ASA1,8,5 (a) There is transferred from the appropriation account under section 20.410 (1) (f) of the statutes to the appropriation account under section 20.410 (1) (a) of the statutes $5,362,500 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

AB11-ASA1,8,9 (b) There is transferred from the appropriation account under section 20.410 (1) (ab) of the statutes to the appropriation account under section 20.410 (1) (a) of the statutes $2,825,300 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

AB11-ASA1,8,13 (c) There is transferred from the appropriation account under section 20.410 (2) (a) of the statutes to the appropriation account under section 20.410 (1) (a) of the statutes $100,200 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

AB11-ASA1,8,17 (d) There is transferred from the appropriation account under section 20.410 (3) (cg) of the statutes to the appropriation account under section 20.410 (1) (a) of the statutes $71,000 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

AB11-ASA1,8,21 (e) There is transferred from the appropriation account under section 20.410 (1) (bm) of the statutes to the appropriation account under section 20.410 (1) (a) of the statutes $10,700 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

AB11-ASA1,8,25 (f) There is transferred from the appropriation account under section 20.410 (3) (a) of the statutes to the appropriation account under section 20.410 (1) (a) of the statutes $36,600 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.

AB11-ASA1,9,4 (g) There is transferred from the appropriation account under section 20.410 (3) (cg) of the statutes to the appropriation account under section 20.410 (1) (b) of the statutes $2,138,400 in the second fiscal year of the fiscal biennium in which this paragraph takes effect.