SB44: Bill Text

SB44, s. 2083 Section 2083. 149.143 (3) (a) of the statutes is amended to read:

SB44,840,14 149.143 (3) (a) If, during a plan year, the department determines that the amounts estimated to be received as a result of the rates and amount set under sub. (2) (a) 2. to 4. and any adjustments in insurer assessments and the provider payment rate under s. 149.144 will not be sufficient to cover plan costs, the department may by rule increase the premium rates set under sub. (2) (a) 2. for the remainder of the plan year, subject to s. 149.146 (2) (b) and the maximum specified in sub. (2) (a) 2., by rule increase the assessments set under sub. (2) (a) 3. for the remainder of the plan year, subject to sub. (1) (b) 2. a. (bm) 1., and by the same rule under which assessments are increased adjust the provider payment rate set under sub. (2) (a) 4. for the remainder of the plan year, subject to sub. (1) (b) 2. b. (bm) 2. and s. 149.142 (1) (b).

SB44, s. 2084 Section 2084. 149.143 (3) (b) of the statutes is amended to read:

SB44,840,22 149.143 (3) (b) If the department increases premium rates and insurer assessments and adjusts the provider payment rate under par. (a) and determines that there will still be a deficit and that premium rates have been increased to the maximum extent allowable under par. (a), the department may further adjust, in equal proportions, assessments set under sub. (2) (a) 3. and the provider payment rate set under sub. (2) (a) 4., without regard to sub. (1) (b) 2. (bm) but subject to s. 149.142 (1) (b).

SB44, s. 2085 Section 2085. 149.144 of the statutes is amended to read:

SB44,841,14 149.144 Adjustments to insurer assessments and provider payment rates for premium and, deductible , and prescription drug copayment reductions. If the moneys transferred to the fund under the appropriation under s. 20.435 (4) (ah) are insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), or the department determines that the moneys transferred or to be transferred to the fund under the appropriation under s. 20.435 (4) (ah) will be insufficient to reimburse the plan for premium reductions under s. 149.165 and deductible reductions under s. 149.14 (5) (a), the The department may shall, by rule, adjust in equal proportions the amount of the assessment set under s. 149.143 (2) (a) 3. and the provider payment rate set under s. 149.143 (2) (a) 4., subject to ss. 149.142 (1) (b) and 149.143 (1) (b) 1. (am), sufficient to reimburse the plan for premium reductions under s. 149.165 and, deductible reductions under s. 149.14 (5) (a). If the department makes the adjustment under this section, the, and any prescription drug copayment reductions under s. 149.14 (5) (e). The department shall notify the commissioner so that the commissioner may levy any increase in insurer assessments.

SB44, s. 2086 Section 2086. 149.145 of the statutes is amended to read:

SB44,842,2 149.145 Program budget. The department, in consultation with the board, shall establish a program budget for each plan year. The program budget shall be based on the provider payment rates specified in s. 149.142 and in the most recent provider contracts that are in effect and on the funding sources specified in s. ss. 149.143 (1) and 149.144, including the methodologies specified in ss. 149.143, 149.144, and 149.146 for determining premium rates, insurer assessments, and provider payment rates. Except as otherwise provided in s. 149.143 (3) (a) and (b) and subject to s. 149.142 (1) (b), from the program budget the department shall derive the actual provider payment rate for a plan year that reflects the providers' proportional share of the plan costs, consistent with ss. 149.143 and 149.144. The department may not implement a program budget established under this section unless it is approved by the board.

SB44, s. 2087 Section 2087. 149.146 (2) (a) of the statutes is amended to read:

SB44,842,8 149.146 (2) (a) Except as specified by the department, the terms of coverage under s. 149.14, including deductible reductions under s. 149.14 (5) (a) and prescription drug copayment reductions under s. 149.14 (5) (e), do not apply to the coverage offered under this section. Premium reductions under s. 149.165 do not apply to the coverage offered under this section.

SB44, s. 2088 Section 2088. 149.16 (1) of the statutes is repealed.

SB44, s. 2089 Section 2089. 149.16 (1m) of the statutes is created to read:

SB44,842,12 149.16 (1m) The plan administrator may be selected by the department in a competitive bidding process.

SB44, s. 2090 Section 2090. 149.16 (4) of the statutes is amended to read:

SB44,842,16 149.16 (4) The If the plan administrator is the fiscal agent under s. 49.45 (2) (b) 2., the plan administrator shall account for costs related to the plan separately from costs related to medical assistance under subch. IV of ch. 49.

SB44, s. 2091 Section 2091. 149.165 (4) of the statutes is amended to read:

SB44,842,21 149.165 (4) The department shall reimburse the plan for premium reductions under sub. (2) and, deductible reductions under s. 149.14 (5) (a) with moneys transferred to the fund, and prescription drug copayment reductions under s. 149.14 (5) (e) from the appropriation account under s. 20.435 (4) (ah) (v).

SB44, s. 2092 Section 2092. 150.963 (3) (e) of the statutes is amended to read:

SB44,843,2 150.963 (3) (e) Accept on behalf of the state and deposit with the state treasurer secretary of administration any grant, gift, or contribution made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend those funds for the purposes of this subchapter.

SB44, s. 2093 Section 2093. 153.05 (8) of the statutes is repealed.

SB44, s. 2094 Section 2094. 153.05 (13) of the statutes is amended to read:

SB44,843,10 153.05 (13) The department may waive the requirement under sub. (1), (5) or (8) or (5) for a health care provider, who requests the waiver and presents evidence to the department that the requirement under sub. (1), (5) or (8) or (5) is burdensome, under standards established by the department by rule. The department shall develop a form for use by a health care provider in submitting a request under this subsection.

SB44, s. 2095 Section 2095. 153.75 (1) (t) of the statutes is amended to read:

SB44,843,14 153.75 (1) (t) Establishing standards for determining under s. 153.05 (13) if a requirement under s. 153.05 (1), (5) or (8) or (5) is burdensome for a health care provider.

SB44, s. 2096 Section 2096. 165.065 (2) of the statutes is amended to read:

SB44,843,23 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

SB44, s. 2097 Section 2097. 165.25 (4) (ar) of the statutes is amended to read:

SB44,844,9 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade and consumer protection in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and ss. 100.01 to 100.025, 100.05, 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

SB44, s. 2098 Section 2098. 165.252 of the statutes is created to read:

SB44,844,15 165.252 Consumer protection matters. The department of justice shall administer ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and may promulgate rules to aid in the administration and enforcement of these sections. The department of justice may appear for the state in any court action relating to these sections.

SB44, s. 2099 Section 2099. 165.30 (3) of the statutes is amended to read:

SB44,844,19 165.30 (3) Collection proceeds. (a) All obligations collected by the department of justice under this section shall be paid to the state treasurer secretary of administration and deposited in the appropriate fund.

SB44,844,24 (b) From the amount of obligations collected by the department of justice under this section, the treasurer secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs).

SB44, s. 2100 Section 2100. 165.755 (1) (a) of the statutes is amended to read:

SB44,845,4 165.755 (1) (a) Except as provided in par. (b), a court shall impose a crime laboratories and drug law enforcement assessment of $5 $7 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

SB44, s. 2101 Section 2101. 165.755 (3) of the statutes is amended to read:

SB44,845,10 165.755 (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44, s. 2102 Section 2102. 165.755 (4) of the statutes is amended to read:

SB44,845,15 165.755 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44, s. 2103 Section 2103. 165.755 (5) of the statutes is amended to read:

SB44,845,22 165.755 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer secretary of administration under this section. If bail is returned, the assessment shall also be returned.

SB44, s. 2104 Section 2104. 165.755 (6) of the statutes is amended to read:

SB44,846,3 165.755 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44, s. 2105 Section 2105. 165.755 (7) of the statutes is amended to read:

SB44,846,7 165.755 (7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer secretary of administration and used as specified in s. 20.455 (2) (kd) and (Lm).

SB44, s. 2106 Section 2106. 165.82 (1) (intro.) of the statutes is amended to read:

SB44,846,11 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35:

SB44, s. 2107 Section 2107. 165.82 (1) (ar) of the statutes is amended to read:

SB44,846,14 165.82 (1) (ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $10 $15.

SB44, s. 2108 Section 2108. 165.82 (1m) of the statutes is created to read:

SB44,846,18 165.82 (1m) The department of justice shall impose a $5 surcharge if a person requests a paper copy of the results of a criminal history search requested under sub. (1).

SB44, s. 2109 Section 2109. 165.90 of the statutes is repealed.

SB44, s. 2110 Section 2110. 165.92 (3) (a) of the statutes is amended to read:

SB44,847,2 165.92 (3) (a) Unless otherwise provided in a joint program plan county proposal under s. 165.90 (2) 16.964 (7) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts of the officer while acting within the scope of his or her employment and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2) (a).

SB44, s. 2111 Section 2111. 166.03 (1) (b) 7. of the statutes is repealed.

SB44, s. 2112 Section 2112. 166.03 (2) (b) 9. of the statutes is repealed.

SB44, s. 2113 Section 2113. 166.03 (8) (f) of the statutes is amended to read:

SB44,847,12 166.03 (8) (f) If the total liability for worker's compensation benefits under par. (d), indemnification under par. (e), and loss from destruction of equipment under sub. (9), incurred in any calendar year exceeds $1 per capita of the sponsor's population, the state shall reimburse the sponsor for the excess. Payment shall be made from the appropriation in s. 20.465 (3) (a) 20.865 (1) (a) on certificate of the adjutant general and, if appropriate, subject to the approval of the attorney general under s. 20.865 (1) (a).

SB44, s. 2114 Section 2114. 167.31 (5) (c) of the statutes is amended to read:

SB44,847,19 167.31 (5) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment under this subsection. If the deposit is forfeited, the amount of the weapons assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the amount of the weapons assessment shall also be returned.

SB44, s. 2115 Section 2115. 167.31 (5) (d) of the statutes is amended to read:

SB44,848,2 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).

SB44, s. 2116 Section 2116. 169.46 (1) (c) of the statutes is amended to read:

SB44,848,9 169.46 (1) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources assessment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources assessment shall also be returned.

SB44, s. 2117 Section 2117. 169.46 (1) (d) of the statutes is amended to read:

SB44,848,16 169.46 (1) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources assessment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the natural resources assessment in the conservation fund.

SB44, s. 2118 Section 2118. 169.46 (2) (c) of the statutes is amended to read:

SB44,848,24 169.46 (2) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the natural resources restitution payment prescribed in this subsection. If the deposit is forfeited, the amount of the natural resources restitution payment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the natural resources restitution payment shall also be returned.

SB44, s. 2119 Section 2119. 169.46 (2) (d) of the statutes is amended to read:

SB44,849,6 169.46 (2) (d) The clerk of the court shall collect and transmit to the county treasurer the natural resources restitution payment and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit the amount of the natural resources restitution payment in the conservation fund.

SB44, s. 2120 Section 2120. 173.40 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

SB44, s. 2121 Section 2121. 182.36 (3) of the statutes is amended to read:

SB44,849,21 182.36 (3) The corporation may enter into contracts with public utilities, including and railroads, for the removal or change in location of the lines of such public utilities and railroads where the same is deemed necessary by the corporation in the construction of the project. Such contracts shall be for the payment of damages caused the utilities and railroads by the relocation of their lines. In the event the corporation and the utility or railroad are unable to reach an agreement, the public service commission in the case of a utility or the department of transportation in the case of a railroad shall direct the manner, location and time allowed for the change in the utility or railroad line and the corporation shall be liable for the reasonable costs of such change. In the event the public utility or railroad fails to comply with the order of the public service commission or department of transportation it shall be liable to the corporation for all damages occasioned by such failure.

SB44, s. 2122 Section 2122. 183.0105 (2) (c) of the statutes is amended to read:

SB44,850,2 183.0105 (2) (c) In the case of a foreign limited liability company, including Including the name of its registered agent and the street address of its registered office, as changed, in its annual report under s. 183.0120. This paragraph also applies to a foreign limited liability company. A change under this paragraph is effective on the date the annual report is filed by the office of the department.

SB44, s. 2123 Section 2123. 183.0109 (1) (a) 4. of the statutes is amended to read:

SB44,850,5 183.0109 (1) (a) 4. A foreign limited liability company's An annual report under s. 183.0120.

SB44, s. 2124 Section 2124. 183.0113 (2) (b) 1m. of the statutes is amended to read:

SB44,850,9 183.0113 (2) (b) 1m. In the case of a foreign limited liability company, the The domestic or foreign limited liability company has, during its most recently completed report year, filed with the department an annual report required by s. 183.0120.

SB44, s. 2125 Section 2125. 183.0114 (1) (v) of the statutes is created to read:

SB44,850,11 183.0114 (1) (v) Annual report of a domestic limited liability company, $25.

SB44, s. 2126 Section 2126. 183.0120 (title) of the statutes is amended to read:

SB44,850,13 183.0120 (title) Annual report for foreign limited liability companies.

SB44, s. 2127 Section 2127. 183.0120 (1) of the statutes is amended to read:

SB44,850,17 183.0120 (1) Each foreign limited liability company registered to transact business in this state and each domestic limited liability company shall file with the department an annual report that includes all of the following information:

SB44,850,20 (a) The name of the domestic or foreign limited liability company and, if a foreign limited liability company, the state or country under whose law it is organized.

SB44,850,22 (b) The address of the domestic or foreign limited liability company's registered office and the name of its registered agent at that office in this state.

SB44,850,24 (c) The address of the domestic or foreign limited liability company's principal office.

SB44,851,2 (d) If management of the domestic or foreign limited liability company is vested in one or more managers, the name and business address of each manager.