SB40: Bill Text

SB40,1380,7 230.08 (2) (of) The executive staff director of the sentencing commission bureau of criminal justice research.

SB40, s. 3012 Section 3012. 230.08 (2) (pd) of the statutes is amended to read:

SB40,1380,10 230.08 (2) (pd) The chairperson of the parole earned release review commission.

SB40, s. 3013 Section 3013. 230.08 (2) (tv) of the statutes is amended to read:

SB40,1380,14 230.08 (2) (tv) The director of the office of urban development in the department of health and family services children and families, appointed under s. 48.48 (16m).

SB40, s. 3014 Section 3014. 230.08 (2) (yc) of the statutes is created to read:

SB40,1380,18 230.08 (2) (yc) Two persons employed by the department of commerce engaged in advertising, marketing, and promotional activities within the United States for economic development of, and business recruitment to, this state.

SB40, s. 3015 Section 3015. 230.12 (3) (e) 1. of the statutes is amended to read:

SB40,1381,18 230.12 (3) (e) 1. The director, after receiving recommendations from the board of regents, shall submit to the joint committee on employment relations a proposal for adjusting compensation and employee benefits for employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d) who are not included in a collective bargaining unit under subch. V or VI of ch. 111 for which a representative is certified. The proposal shall include the salary ranges and adjustments to the salary ranges for the university senior executive salary groups 1 and 2 established under s. 20.923 (4g). The proposal shall be based upon the competitive ability of the board of regents to recruit and retain qualified faculty and academic staff, data collected as to rates of pay for comparable work in other public services, universities and commercial and industrial establishments, recommendations of the board of regents and any special studies carried on as to the need for any changes in compensation and employee benefits to cover each year of the biennium. The proposal shall also take proper account of prevailing pay rates, costs and standards of living and the state's employment policies. The proposal for such pay adjustments may contain recommendations for across-the-board pay adjustments, merit or other adjustments and employee benefit improvements. Paragraph (b) and sub. (1) (bf) shall apply to the process for approval of all pay adjustments for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The proposal as approved by the joint committee on employment relations and the governor shall be based upon a percentage of the budgeted salary base for such employees under ss. 20.923 (4g), (5) and (6) (m) and 230.08 (2) (d). The amount included in the proposal for merit and adjustments other than across-the-board pay adjustments is available for discretionary use by the board of regents.

SB40, s. 3016 Section 3016. 230.13 (3) (a) of the statutes is amended to read:

SB40,1381,25 230.13 (3) (a) The director and the administrator shall provide to the department of workforce development children and families or a county child support agency under s. 59.53 (5) information requested under s. 49.22 (2m) that would otherwise be closed to the public under this section. Information provided under this paragraph may only include an individual's name and address, an individual's employer and financial information related to an individual.

SB40, s. 3017 Section 3017. 230.147 (1) of the statutes is amended to read:

SB40,1382,11 230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5), in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development children and families.

SB40, s. 3018 Section 3018. 230.147 (2) of the statutes is amended to read:

SB40,1382,22 230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19, or benefits under s. 49.147 (3) to (5), to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19, or benefits under s. 49.147 (3) to (5) in this state in the previous fiscal year to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of workforce development children and families.

SB40, s. 3019 Section 3019. 230.35 (2d) (e) of the statutes is amended to read:

SB40,1383,2 230.35 (2d) (e) For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this subsection shall apply unless otherwise provided in a collective bargaining agreement.

SB40, s. 3020 Section 3020. 230.35 (3) (e) 6. of the statutes is amended to read:

SB40,1383,7 230.35 (3) (e) 6. For employees who are included in a collective bargaining unit for which a representative is recognized or certified under subch. V or VI of ch. 111, this paragraph shall apply unless otherwise provided in a collective bargaining agreement.

SB40, s. 3021 Section 3021. 230.88 (2) (b) of the statutes is amended to read:

SB40,1383,17 230.88 (2) (b) No collective bargaining agreement supersedes the rights of an employee under this subchapter. However, nothing in this subchapter affects any right of an employee to pursue a grievance procedure under a collective bargaining agreement under subch. V or VI of ch. 111, and if the division of equal rights determines that a grievance arising under such a collective bargaining agreement involves the same parties and matters as a complaint under s. 230.85, it shall order the arbitrator's final award on the merits conclusive as to the rights of the parties to the complaint, on those matters determined in the arbitration which were at issue and upon which the determination necessarily depended.

SB40, s. 3022 Section 3022. 231.03 (intro.) of the statutes is amended to read:

SB40,1383,22 231.03 Powers. (intro.) The authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, subject to s. 231.035, the authority may:

SB40, s. 3023 Section 3023. 231.035 of the statutes is created to read:

SB40,1384,7 231.035 Approval by secretary of health and family services. Beginning on the effective date of this section .... [revisor inserts date], the authority shall inform the secretary of health and family services of any health facility or participating health institution that seeks financial assistance under s. 231.03. The authority may not provide any financial assistance to such a health facility or participating health institution unless the secretary of health and family services determines, under s. 146.76, that the health facility or participating health institution demonstrates progress in improving medical information systems technology.

SB40, s. 3024 Section 3024. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

SB40,1384,12 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (a) to (h) 560.605 (2m) (c), 2005 stats., s. 560.605 (2m) (d), 2005 stats., s. 560.605 (2m) (e), 2005 stats., and s. 560.605 (2m) (a), (b), and (f) to (h).

SB40, s. 3025 Section 3025. 234.165 (2) (c) (intro.) of the statutes, as affected by 2005 Wisconsin Act 25, is amended to read:

SB40,1384,17 234.165 (2) (c) (intro.) Surplus Except as provided in sub. (3), surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

SB40, s. 3026 Section 3026 . 234.165 (2) (c) (intro.) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1384,22 234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:

SB40, s. 3027 Section 3027. 234.165 (3) of the statutes is created to read:

SB40,1385,3 234.165 (3) For the purpose of housing grants and loans under s. 560.9803 and housing grants under s. 560.9805, in fiscal year 2007-08 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section and in fiscal year 2008-09 the authority shall transfer to the department of commerce $2,000,000 of its actual surplus under this section.

SB40, s. 3028 Section 3028. 234.165 (3) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is repealed.

SB40, s. 3029 Section 3029. 236.335 of the statutes is amended to read:

SB40,1385,14 236.335 Prohibited subdividing; forfeit. No lot or parcel in a recorded plat may be divided, or used if so divided, for purposes of sale or building development if the resulting lots or parcels do not conform to this chapter, to any applicable ordinance of the approving authority or to the rules of the department of workforce development commerce under s. 236.13. Any person making or causing such a division to be made shall forfeit not less than $100 nor more than $500 to the approving authority, or to the state if there is a violation of this chapter or the rules of the department of workforce development commerce.

SB40, s. 3030 Section 3030. Chapter 238 of the statutes is created to read:

SB40,1385,17 Chapter 238 Healthy Wisconsin Authority

SB40,1385,18 238.01 Definitions. In this chapter:

SB40,1385,19 (1) "Authority" means the Healthy Wisconsin Authority.

SB40,1385,20 (2) "Board" means the board of directors of the authority.

SB40,1385,22 (3) "Health benefit purchasing cooperative" means a cooperative under s. 185.99.

SB40,1385,23 (4) "Small group market" has the meaning given in s. 632.745 (26).

SB40,1386,3 238.05 Creation and organization of authority. (1) There is created a public body corporate and politic to be known as the "Healthy Wisconsin Authority." The board of directors of the authority shall consist of the commissioner of insurance, or his or her designee, as a nonvoting member, and the following 13 members, who shall serve 4-year terms:

SB40,1386,4 (a) One majority party senator appointed by the senate majority leader.

SB40,1386,5 (b) One minority party senator appointed by the senate minority leader.

SB40,1386,7 (c) One majority party representative to the assembly appointed by the speaker of the assembly.

SB40,1386,9 (d) One minority party representative to the assembly appointed by the assembly minority leader.

SB40,1386,11 (e) Nine nominees of the governor, appointed with the advice and consent of the senate, consisting of all of the following:

SB40,1386,12 1. One health care provider.

SB40,1386,14 2. One representative of a Wisconsin health insurance company that offers coverage in the small group market.

SB40,1386,15 3. One representative of a Wisconsin small employer.

SB40,1386,16 4. One representative of Wisconsin labor unions.

SB40,1386,17 5. One representative of health benefit purchasing cooperatives.

SB40,1386,18 6. Four other members who represent the public interest.

SB40,1386,25 (2) Each member of the board shall hold office until a successor is appointed and qualified unless the member vacates or is removed from his or her office. A member who serves as a result of holding another office or position vacates his or her office as a member when he or she vacates the other office or position. A member who ceases to qualify for office vacates his or her office. A vacancy on the board shall be filled in the same manner as the original appointment to the board for the remainder of the unexpired term, if any.

SB40,1387,2 (3) Annually, the governor shall appoint one member as chairperson, and the members of the board may elect other officers as they consider appropriate.

SB40,1387,15 (4) The board shall appoint an executive director. The executive director shall not be a member of the board and shall serve at the pleasure of the board. The authority may delegate by resolution to one or more of its members or its executive director any powers and duties that it considers proper. The executive director shall receive such compensation as may be determined by the board. The executive director or other person designated by resolution of the board shall keep a record of the proceedings of the authority and shall be custodian of all books, documents, and papers filed with the authority, the minute book or journal of the authority, and its official seal. The executive director or other person may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under the official seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates.

SB40,1387,20 (5) A majority of the members of the board constitutes a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, notwithstanding the existence of any vacancies. Action may be taken by the board upon a vote of a majority of the members present. Meetings of the members of the board may be held anywhere within or without the state.

SB40,1387,24 (6) A member of the board may not be compensated for his or her services but shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, including travel expenses, subject to uniform travel schedule amounts approved under s. 20.916 (8).

SB40,1388,4 (7) No cause of action may arise against and no civil liability may be imposed upon a member or executive director of the authority for any act or omission in the performance of his or her powers and duties under this chapter, unless the person asserting liability proves that the act or omission constitutes willful misconduct.

SB40,1388,8 238.10 Powers of authority. (1) Except as restricted under sub. (2), the authority shall have all the powers necessary or convenient to carry out the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, the authority may:

SB40,1388,10 (a) Adopt, amend, and repeal bylaws and policies and procedures for the regulation of its affairs and the conduct of its business.

SB40,1388,11 (b) Have a seal and alter the seal at pleasure.

SB40,1388,12 (c) Maintain an office.

SB40,1388,13 (d) Sue and be sued.

SB40,1388,15 (e) Accept gifts, grants, loans, or other contributions from private or public sources.

SB40,1388,17 (f) Establish the authority's annual budget and monitor the fiscal management of the authority.

SB40,1388,19 (g) Execute contracts and other instruments, including contracts for any professional services required for the authority.

SB40,1388,21 (h) Employ any officers, agents, and employees that it may require and determine their qualifications and compensation.

SB40,1388,22 (i) Procure liability insurance.

SB40,1388,23 (2) The authority may not issue bonds.

SB40,1388,25 238.15 Catastrophic health care reinsurance program. (1) In addition to all other duties under this chapter, the authority shall do all of the following:

SB40,1389,4 (a) Study options and develop recommendations for implementing a reinsurance program to provide reinsurance to groups or individuals, or both, in this state for catastrophic claims under group or individual, or both, health insurance policies.

SB40,1389,7 (b) No later than September 15, 2008, submit to the secretary of administration a report with its recommendations for implementing a reinsurance program described in par. (a).

SB40,1389,9 (c) Develop and administer a reinsurance program in accordance with any legislation enacted that requires or authorizes the authority to do so.

SB40,1389,11 (2) (a) In developing its recommendations for a reinsurance program under sub. (1), the authority shall do all of the following:

SB40,1389,12 1. Develop guidelines for defining high-cost claims and attachment points.

SB40,1389,14 2. Set premiums to be paid for the reinsurance coverage, based on the number of covered lives included in the reinsurance pool.

SB40,1389,15 3. Set coinsurance rates for claims paid.

SB40,1389,16 4. Design all other program features.

SB40,1389,17 (b) The authority may do all of the following:

SB40,1389,20 1. Consider the impact of, and make recommendations to the governor on, allowing health benefit purchasing cooperatives to participate in a reinsurance program implemental under this section.

SB40,1389,24 2. Evaluate the challenges faced by American Indian tribes and bands in this state and other sectors of the group health insurance market and make recommendations to the governor on proposals to reduce health insurance premiums for the tribes and bands and other sectors.

SB40,1390,3 3. Explore other ways to lower health care costs and to increase access to and improve the quality of health care, including considering options for comprehensive health care reform.

SB40,1390,7 (3) The authority may contract with a vendor to administer any reinsurance program implemented under this section, including the performance of such responsibilities as estimating reinsurance premiums, paying claims, customer service, and day-to-day administration.

SB40,1390,19 238.20 Annual evaluations. Annually, after implementation of any reinsurance program under this section, the authority shall contract with an independent entity to conduct an evaluation of the program and a financial audit of the most recent fiscal year ending before the audit. The program evaluation shall include a review of best practices that may impact appropriate use of health care and disease management. The authority shall make any necessary adjustments or improvements if, as a result of the evaluation or audit, problems or deficiencies are determined to exist. After each evaluation and audit, the authority shall explore the feasibility of expanding the program to cover more state residents. The authority shall submit to the governor a report of the results of each evaluation and audit no later than January 1 of the year beginning after the year in which the evaluation and audit are conducted.

SB40, s. 3031 Section 3031. 250.041 (1m) of the statutes is amended to read:

SB40,1391,4 250.041 (1m) If an individual who applies for or to renew a registration, license, certification, approval, permit or certificate under sub. (1) does not have a social security number, the individual, as a condition of obtaining the registration, license, certification, approval, permit or certificate, shall submit a statement made or subscribed under oath or affirmation to the department 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 registration, license, certification, approval, permit or certificate issued or renewed in reliance upon a false statement submitted under this subsection is invalid.