Amendment ASA1-AB40

AB40-ASA1,1296,8 a. Develop a proposal, which shall be followed by the office, for the dispensation of the plan's cash assets after all financial obligations of the plan and authority are satisfied. To the extent feasible and practical, the proposal shall provide for the return of any remaining equity to the source from which derived, including insurers, providers, and covered persons. The proposal shall provide for alternative dispensations in the event that returning any remaining equity is not feasible or practical, such as using remaining cash assets in support of activities providing an indirect benefit to the insurers, providers, and covered persons.

AB40-ASA1,1296,10 b. Dispose of the noncash assets of the authority as soon as possible after the administrative offices of the authority are closed.

AB40-ASA1,1296,14 c. Make any other decisions and take any other actions necessary to effectively wind up the operations and affairs of the authority and plan and transfer responsibility to the office. All actions taken by the board must be consistent with the purpose of, and may not endanger the solvency of, the plan.

AB40-ASA1,1296,16 8. `Transfer to the office.' On the date that is 60 days after the date coverage under the plan terminates under subdivision 1. b., all of the following shall occur:

AB40-ASA1,1296,25 a. Administrative responsibility for the dissolution of the plan is transferred to the office. The commissioner shall take any action necessary or advisable to wind up the affairs of the plan in accordance with the proposal developed by the board under subdivision 7. a. and shall notify the legislative audit bureau when the windup is completed and provide to the legislative audit bureau the final financial statements of the plan. For purposes of chapter 177 of the statutes, as affected by this act, the dissolution, and winding up of the affairs, of the plan shall be considered a dissolution of an insurer in accordance with section 645.44 of the statutes, except that a court order of dissolution is not required to effect the dissolution of the plan.

AB40-ASA1,1297,3 b. All remaining cash assets of the plan, including the balance in the Health Insurance Risk-Sharing Plan fund, are transferred to the appropriation account under section 20.145 (5) (g) of the statutes, as created by this act.

AB40-ASA1,1297,5 c. All tangible personal property, including records, of the authority not already disposed of by the board is transferred to the office.

AB40-ASA1,1297,11 d. All contracts and agreements entered into by the board that are in effect are transferred to the office. The office shall carry out any contractual obligations under such a contract or agreement until the contract or agreement terminates or is modified or rescinded by the office to the extent allowed under the contract or agreement. The office may enter into such other contracts as are necessary to carry out the dissolution of the plan.

AB40-ASA1,1297,16 e. Any matters pending with the authority or plan, including grievances and independent reviews, payment claims, subrogation claims, drug rebate claims, and legal actions or causes of action, are transferred to the office and all materials submitted to and actions taken by the office with respect to a pending matter are considered as having been submitted to or taken by the authority or plan.

AB40-ASA1,1297,17 9. `Health Insurance Risk-Sharing Plan advisory committee.'

AB40-ASA1,1297,21 a. There is created, 60 days after the date coverage under the plan terminates under subdivision 1. b., a Health Insurance Risk-Sharing Plan advisory committee consisting of the commissioner, or his or her designee, and the other 13 members of the board holding office on the date the advisory committee is created.

AB40-ASA1,1297,24 b. If a vacancy occurs on the Health Insurance Risk-Sharing Plan advisory committee, the governor shall appoint a successor, who must meet the same qualifications and criteria as the member who is being replaced.

AB40-ASA1,1298,4 c. The Health Insurance Risk-Sharing Plan advisory committee shall advise and assist the office with its duties under subdivision 8. related to the dissolution and winding up of the plan. The office shall staff and provide funding for the Health Insurance Risk-Sharing Plan advisory committee.

AB40-ASA1,1298,7 d. The Health Insurance Risk-Sharing Plan advisory committee shall terminate 60 days after the final audit of the plan is conducted by the legislative audit bureau under subdivision 11. b.

AB40-ASA1,1298,8 10. `Dissolution notice, claims, and updates.'

AB40-ASA1,1298,18 a. On behalf of the commissioner, the authority shall provide notice of the plan's dissolution to all persons known, or reasonably expected from the plan's records, to have claims against the plan, including all covered persons. The notice shall be sent by first class mail to the last-known addresses at least 60 days before the date on which coverage terminates under subdivision 1. b. Notice to potential claimants of the plan shall require the claimants to file their claims, together with proofs of claims, within 90 days after the date on which coverage terminates under subdivision 1. b. The notice shall be consistent with any relevant terms of the policies under the plan and contracts and with section 645.47 (1) (a) of the statutes. The notice shall serve as final notice consistent with section 645.47 (3) of the statutes.

AB40-ASA1,1299,4 b. Proofs of all claims must be filed with the office in the form provided by the office consistent with the proof of claim, as applicable, under section 645.62 of the statutes, on or before the last day for filing specified in the notice. For good cause shown, the office shall permit a claimant to make a late filing if the existence of the claim was not known to the claimant and the claimant files the claim within 30 days after learning of the claim, but not more than 210 days after the date on which coverage terminates under subdivision 1. b. Any such late claim that would have been payable under the policy under the plan if it had been filed timely and that was not covered by a succeeding insurer shall be permitted unless the claimant had actual notice of the termination of the plan or the notice was mailed to the claimant by first class mail at least 10 days before the insured event occurred.

AB40-ASA1,1299,7 c. The commissioner shall provide periodic updates to the Health Insurance Risk-Sharing Plan advisory committee under subdivision 9. regarding the plan's dissolution, including, at a minimum, information about expenses and claims paid.

AB40-ASA1,1299,8 11. `Audits.' The legislative audit bureau shall do all of the following:

AB40-ASA1,1299,10 a. Conduct its annual audit of the plan under section 13.94 (1) (dh) of the statutes for calendar year 2013 by June 30, 2014.

AB40-ASA1,1299,13 b. Complete a final audit of the plan, after the termination of the plan in 2014, within 90 days after the office provides the final financial statements of the plan under subdivision 8. a.

AB40-ASA1,1299,18 c. File copies of the reports of both audits with the distributees specified in section 13.94 (1) (b) of the statutes. The costs of the audits shall be paid from the funds of the authority or from the appropriation under section 20.145 (5) (g) or (k) of the statutes, as created by this act, or from any combination of those payment sources.

AB40-ASA1,1299,19 (1m) Medicare supplement and replacement policy issuance.

AB40-ASA1,1299,20 (a) Definitions. In this subsection:

AB40-ASA1,1299,21 1. "Medicare" has the meaning given in section 149.10 (7) of the statutes.

AB40-ASA1,1299,23 2. "Medicare replacement policy" has the meaning given in section 600.03 (28p) of the statutes.

AB40-ASA1,1299,25 3. "Medicare supplement policy" has the meaning given in section 600.03 (28r) of the statutes.

AB40-ASA1,1300,2 4. "Plan" means the Health Insurance Risk-Sharing Plan under subchapter II of chapter 149 of the statutes.

AB40-ASA1,1300,3 (b) Time-limited guaranteed issue.

AB40-ASA1,1300,6 1. An insurer offering a Medicare supplement policy or a Medicare replacement policy in this state shall provide coverage under the policy to any individual who satisfies all of the following:

AB40-ASA1,1300,7 a. The individual is eligible for Medicare.

AB40-ASA1,1300,8 b. The individual had coverage under the plan.

AB40-ASA1,1300,10 c. The individual's coverage under the plan terminated on the date specified in subsection (1L) (b) 1. b.

AB40-ASA1,1300,12 d. The individual applies for coverage under the policy before the date that is 63 days after the date specified in subsection (1L) (b) 1. b.

AB40-ASA1,1300,13 e. The individual pays the premium for the coverage under the policy.

AB40-ASA1,1300,16 2. An insurer under subdivision 1. may not deny coverage to any individual who satisfies the criteria under subdivision 1. a. to e. on the basis of health status, receipt of health care, claims experience, or medical condition, including disability.

AB40-ASA1,1300,22 (c) Notice of requirement. In addition to the requirement under subsection (1L) (b) 1. b. to provide notice to the insurers described in paragraph (b) 1. of the date on which coverage under the plan terminates, within 60 days after the effective date of this paragraph the Health Insurance Risk-Sharing Plan Authority under subchapter III of chapter 149 of the statutes shall provide notice to the insurers described in paragraph (b) 1. of the requirement under this subsection.

AB40-ASA1,9123 Section 9123. Nonstatutory provisions; Investment Board.

AB40-ASA1,9124 Section 9124. Nonstatutory provisions; Joint Committee on Finance.

AB40-ASA1,1301,14 (1L) Out-of-home care for youths with individualized education programs. Of the amounts appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes, $945,700 is allocated in fiscal year 2014-15 to supplement the appropriation accounts under sections 20.410 (3) (cd) and 20.437 (1) (b), (cx), and (dd) of the statutes for the purpose of providing funding for the out-of-home care of persons who are 18 years of age or older, but under 21 years of age, who were in out-of-home care prior to attaining 18 years of age, who are full-time students in good academic standing at a secondary school or its vocational or technical equivalent, and for whom an individualized education program under section 115.787 of the statutes is in effect. The joint committee on finance may supplement those appropriation accounts from that allocation if legislation is enacted authorizing those persons to continue in out-of-home care under an order of the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes or under a voluntary agreement.

AB40-ASA1,9125 Section 9125. Nonstatutory provisions; Judicial Commission.

AB40-ASA1,9126 Section 9126. Nonstatutory provisions; Justice.

AB40-ASA1,1301,17 (1) Biological specimen; legislative study and rules.

AB40-ASA1,1301,22 (am) Joint legislative council study. The joint legislative council is requested to review all misdemeanor and felony provisions in statutes to determine if penalties are appropriate and if violations are outdated. The joint legislative council shall report any findings, conclusions, and recommendations by February 1, 2014, to the chief clerk of the senate and the chief clerk of the assembly.

AB40-ASA1,1302,2 (b) Rules. The department of justice may, in rules it promulgates under section 165.76 of the statutes, as affected by this act, bring the method to obtain or to submit a biological specimen in conformity with the act of Congress known as the Katie Sepich Enhanced DNA Collection Act of 2012 (HR-6014) to apply for nonsupplanting grant funding under that act.

AB40-ASA1,1302,3 (2) Youth diversion grant reductions.

AB40-ASA1,1302,7 (a) Notwithstanding the amount specified under section 165.987 (1) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (1) of the statutes, as affected by this act, by $85,900 in each of fiscal years 2013-14 and 2014-15.

AB40-ASA1,1302,11 (b) Notwithstanding the amount specified under section 165.987 (2) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated under section 165.987 (2) of the statutes, as affected by this act, by $18,400 in each of fiscal years 2013-14 and 2014-15.

AB40-ASA1,1302,19 (c) Notwithstanding the amounts specified under section 165.987 (3) of the statutes, as affected by this act, the department of justice shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.455 (2) (cr) and (kj) of the statutes, as affected by this act, by $25,650 in each of fiscal years 2013-14 and 2014-15 and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.455 (2) (kj) of the statutes, as affected by this act, by $18,100 in each of fiscal years 2013-14 and 2014-15.

AB40-ASA1,9127 Section 9127. Nonstatutory provisions; Legislature.

AB40-ASA1,1303,2 (1i) Rural schools task force. The joint legislative council is requested to establish a rural schools task force by August 1, 2013, to identify funding challenges faced by rural school districts, particularly with respect to transportation and technology issues. If established, the task force shall develop a long-term plan to address these issues, especially in the context of declining enrollments, and an aging population, and submit a report to the joint legislative council by April 1, 2014.

AB40-ASA1,1303,4 (1q) Statements of scope of proposed rules published prior to effective date of 2011 Wisconsin Act 21.

AB40-ASA1,1303,12 (a) Notwithstanding section 227.14 (4m) of the statutes, as affected by this act, if an agency's statement of the scope of a proposed rule under section 227.135 of the statutes was published in the Wisconsin Administrative Register prior to June 8, 2011, the notice required under section 227.14 (4m) of the statutes, as affected by this act, need not include an identifying number for the statement of scope for the proposed rule or the date of approval of the statement of scope for the proposed rule by the individual or body with policy-making powers over the subject matter of the proposed rule under section 227.135 (2) of the statutes.

AB40-ASA1,1303,19 (b) Notwithstanding section 227.19 (2) of the statutes, as affected by this act, if an agency's statement of the scope of a proposed rule under section 227.135 of the statutes was published in the Wisconsin Administrative Register prior to June 8, 2011, the agency shall include in its notice under section 227.19 (2) of the statutes, as affected by this act, a statement of the date and issue number of the the register in which the statement of scope for the proposed rule was published, in lieu of a statement of the governor's date of approval of the proposed rule.

AB40-ASA1,1303,25 (1r) Refunds for advance payments for printed Wisconsin administrative code and register. Notwithstanding section 35.93 (7), 2011 stats., upon request, the department of administration shall refund to any person the pro rata share of any advance payment made by that person for printed copies of the Wisconsin administrative code or Wisconsin administrative register that were to be delivered to the person on or after the effective date of this subsection.

AB40-ASA1,1304,8 (1z) Joint legislative council study on the use of global positioning systems and electronic monitoring. The joint legislative council is requested to conduct a study on the effective and efficient use of global positioning systems and electronic monitoring technology for correctional purposes and for monitoring persons subject to a temporary restraining order or injunction under s. 813.12 or 813.125. If the joint legislative council conducts the study, it shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by June 30, 2015.

AB40-ASA1,1304,14 (2q) Legislative audit bureau analysis related to department of transportation engineering consultants. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct an analysis of the processes used by the department of transportation for the selection of consultants for transportation engineering services, the oversight of consultant work, and the payment of consultants for services.

AB40-ASA1,9128 Section 9128. Nonstatutory provisions; Lieutenant Governor.

AB40-ASA1,9129 Section 9129. Nonstatutory provisions; Local Government.

AB40-ASA1,1304,21 (1e) Crime prevention funding board. Upon the creation of a crime prevention funding board, the initial members of the board specified under section 59.54 (28) (c) of the statutes, as created by this act, shall declare that they are serving on the board, or appoint their designees, not later than the first day of the 4th month beginning after a board is created.

AB40-ASA1,9130 Section 9130. Nonstatutory provisions; Medical College of Wisconsin.

AB40-ASA1,9131 Section 9131. Nonstatutory provisions; Military Affairs.

AB40-ASA1,9132 Section 9132. Nonstatutory provisions; Natural Resources.

AB40-ASA1,1305,5 (1c) Environmental repair fee. Notwithstanding section 25.46 (7) of the statutes, of the fees imposed under section 289.67 of the statutes that are allocated under section 25.46 (7) of the statutes for environmental management, $650,000 in fiscal year 2013-14 and $1,300,000 in fiscal year 2014-15 are instead allocated for nonpoint source water pollution abatement.

AB40-ASA1,1305,10 (1L) Report concerning natural minor sources. No later than March 1, 2015, the department of natural resources shall submit a report to the joint committee on finance and to the standing committees of the assembly and senate with jurisdiction over environmental matters on the progress that the department has made in implementing section 285.60 (6) (c) 1. of the statutes, as created by this act.

AB40-ASA1,1305,20 (2) Bonus deer hunting permit fee rules. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 29.040 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1306,2 (2i) Payments to certain towns. In fiscal year 2013-14, the secretary of natural resources shall distribute $2,500,000 from the appropriation account under section 20.370 (1) (mv) of the statutes, as affected by this act, to towns that were eligible to receive national forest income payments under section 59.25 (3) (rm), 2011 stats., during the 2012-13 fiscal year. The secretary shall distribute the moneys to the towns according to the criteria required for the distribution of national forest income payments under section 59.25 (3) (rm), 2011 stats.

AB40-ASA1,1306,13 (3) Deer management assistance program. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under section 29.020 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until June 30, 2015, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of natural resources is not required to provide evidence that promulgating rules under this subsection as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for rules promulgated under this subsection.

AB40-ASA1,1306,24 (3e) Walleye production grants and contracts. The department of natural resources may promulgate emergency rules under section 227.24 of the statutes implementing sections 29.739 and 29.740 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until June 30, 2016, or the date on which permanent rules take 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40-ASA1,1307,5 (3i) MacKenzie Environmental Education Center. The department of natural resources shall expend $239,000 in fiscal year 2013-14 from the appropriation account under section 20.370 (9) (mu) of the statutes for the continuation of school-based environmental education services at the MacKenzie Environmental Education Center from August 15, 2013, to August 15, 2014.

AB40-ASA1,1307,9 (4c) Fish hatchery infrastructure project. Not later than June 30, 2014, the department of natural resources shall submit a report to the joint committee on finance that describes the need for renovation of the Kettle Moraine Springs fish hatchery. The report shall include all of the following:

AB40-ASA1,1307,12 (a) A statement about whether private aquaculture facilities or other entities are able to meet the department's fish stocking needs in an economically feasible manner.

AB40-ASA1,1307,15 (b) A description of all proposed expenditures for the renovation of the Kettle Moraine Springs fish hatchery and how those expenditures minimize the requirement to contract state debt.

AB40-ASA1,1307,16 (4d) Sporting heritage grants.

AB40-ASA1,1307,21 (a) In addition to the requirements under section 29.605 (3) of the statutes, as created by this act, a nonprofit organization is eligible to receive a grant under section 29.605 (1) of the statutes, as created by this act, during fiscal biennium 2013-15 only if the nonprofit organization submits an application to the department of natural resources within 30 days after the effective date of this paragraph.

AB40-ASA1,1308,2 (b) 1. There is created a committee to review grant applications submitted to the department of natural resources under section 29.605 of the statutes, as created by this act, in fiscal year 2013-14 and to submit a recommendation to the secretary of natural resources on which applicant should receive the grant. The committee shall consist of the following members:

AB40-ASA1,1308,4 a. Three members appointed by the chairperson of the sporting heritage council.

AB40-ASA1,1308,6 b. The chairperson of the standing committee of the assembly with jurisdiction over natural resources matters.

AB40-ASA1,1308,8 c. The chairperson of the standing committee of the senate with jurisdiction over natural resources matters.

AB40-ASA1,1308,12 2. The committee shall submit its recommendation to the secretary of natural resources as required under subdivision 1. not later than 50 days after the effective date of this subdivision. The committee terminates upon submission of that recommendation.

AB40-ASA1,1308,15 3. The department of natural resources shall award the grant under section 29.605 of the statutes, as created by this act, for fiscal biennium 2013-15 not later than 60 days after the effective date of this subdivision.

AB40-ASA1,1308,16 (4e) Milwaukee shoreline.

AB40-ASA1,1308,17 (a) The state declares all of the following:

AB40-ASA1,1308,24 1. That if any part of the shoreline established under section 30.2038 of the statutes, as created by this act, is located on any part of the lake bed of Lake Michigan, the ceding of that lake bed by the city of Milwaukee to a private party under the agreement described in section 30.2038 (1) (a) of the statutes, as created by this act, was necessary to foster the public purposes for which the lake bed was ceded to the city of Milwaukee, as affirmed by the Wisconsin supreme court in City of Milwaukee v. State of Wisconsin, 193 Wis. 423 (1927).

AB40-ASA1,1309,6 2. That the public purposes for which the lake bed was ceded as described in subdivision 1. were to construct a park and boulevard, to establish and maintain breakwaters, bulkheads, piers, wharves, warehouses, transfer sheds, railway tracks, airports, and other harbor facilities, and for other purposes that are not inconsistent with the improvement of navigation and fisheries in Lake Michigan and its tributaries and determined by the city of Milwaukee to be expedient.

AB40-ASA1,1309,8 (b) The declaration under paragraph (a) is made in lieu of, and has the same effect as, a final judgment entered by a court under chapter 841 of the statutes.

AB40-ASA1,1309,12 (c) The department of natural resources is not required to prepare a report under section 13.097 (2) of the statutes with regard to the establishment of the shoreline of Lake Michigan under section 30.2038 of the statutes, as created by this act.

AB40-ASA1,1309,23 (4j) Private fish farm capacity study. The department of natural resources shall study the capacity of private fish farms to rear fish for stocking in the waters of this state for the purpose of maintaining and improving fish populations. In conducting the study under this subsection, the department of natural resources shall consult with the department of administration, the department of agriculture, trade, and consumer protection, the Wisconsin Economic Development Corporation, the Wisconsin Aquaculture Association, Inc., and the University of Wisconsin–Extension. No later than June 30, 2014, the department of natural resources shall complete the study and submit a report of the study results to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes.

AB40-ASA1,1309,24 (4q) Fish farm studies and rules.