SB40: Bill Text

SB40,69,18 13.94 (4) (b) In performing audits of family long-term care districts under s. 46.2895, Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement or other handling of appropriations made by state law.

SB40, s. 20 Section 20. 13.95 (intro.) of the statutes is amended to read:

SB40,70,6 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB40, s. 21 Section 21. 14.18 of the statutes is amended to read:

SB40,70,12 14.18 Assistance from department of workforce development children and families. The governor may enter into a cooperative arrangement with the department of workforce development children and families under which the department assists the governor in providing temporary assistance for needy families under 42 USC 601 et. seq.

SB40, s. 22 Section 22. 14.83 of the statutes is amended to read:

SB40,70,21 14.83 Interstate insurance receivership commission. There is created an interstate insurance receivership commission as specified in s. 601.59 (3). The member of the commission representing this state shall be the commissioner of insurance or his or her designated representative. The commission member shall serve without compensation but shall be reimbursed from the appropriation under s. 20.145 (1) (g) 1. for actual and necessary expenses incurred in the performance of his or her duties. The commission has the powers and duties granted and imposed under s. 601.59.

SB40, s. 23 Section 23. 14.90 (3) of the statutes is repealed.

SB40, s. 24 Section 24. 15.01 (2) of the statutes is amended to read:

SB40,71,9 15.01 (2) "Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the Wisconsin waterways commission which shall consist of 5 members and the parole earned release review commission which shall consist of 8 members. A Wisconsin group created for participation in a continuing interstate body, or the interstate body itself, shall be known as a "commission", but is not a commission for purposes of s. 15.06. The parole earned release review commission created under s. 15.145 (1) shall be known as a "commission", but is not a commission for purposes of s. 15.06. The sentencing commission created under s. 15.105 (27) shall be known as a "commission" but is not a commission for purposes of s. 15.06 (1) to (4m), (7), and (9).

SB40, s. 25 Section 25. 15.01 (6) of the statutes is amended to read:

SB40,71,21 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration, the office of the Wisconsin Covenant Scholars Program in the department of administration, and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

SB40, s. 26 Section 26. 15.02 (3) (c) 1. of the statutes is amended to read:

SB40,72,6 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance in the department of administration, the office of the Wisconsin Covenant Scholars Program in the department of administration, and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance in the department of administration, the director of the office of the Wisconsin Covenant Scholars Program in the department of administration, and the director of credit unions have the meaning of "administrator" under this subdivision.

SB40, s. 27 Section 27. 15.04 (4) of the statutes is created to read:

SB40,72,10 15.04 (4) Legal services. If a department or independent agency is authorized or required to employ or retain an attorney, the department or independent agency may do so only in the following ways:

SB40,72,11 (a) Employ an attorney in a position authorized under s. 16.505.

SB40,72,13 (b) Contract with the department of administration for legal services under s. 16.004 (15).

SB40,72,15 (c) Allow the department of justice to furnish legal services if the department of justice is required by law to furnish the services.

SB40,72,18 (d) 1. Allow the division of hearings and appeals created under s. 15.103 (1) to furnish legal services if the division of hearings and appeals is required or authorized by law to furnish the services.

SB40,72,21 2. Contract under s. 227.43 (1m) for contested case hearing services with the division of hearings and appeals if the department or independent agency is not prohibited by law to do so.

SB40,72,23 (e) Employ or retain any attorney who is not a state employee, subject to s. 20.930.

SB40, s. 28 Section 28. 15.06 (6) of the statutes is amended to read:

SB40,73,4 15.06 (6) Quorum. A majority of the membership of a commission constitutes a quorum to do business, except that vacancies shall not prevent a commission from doing business. This subsection does not apply to the parole earned release review commission.

SB40, s. 29 Section 29. 15.07 (2) (k) of the statutes is created to read:

SB40,73,10 15.07 (2) (k) The secretary of health and family services, or his or her designee, shall serve as chairperson of the health care quality and patient safety council and shall appoint chairpersons for subcommittees on patient care, consumer interest and privacy, public health, and statewide health information exchange and interoperability.

SB40, s. 30 Section 30. 15.07 (2) (m) of the statutes is created to read:

SB40,73,13 15.07 (2) (m) The member appointed under s. 15.345 (6) (a) shall serve as chairperson of the managed forest land board.

SB40, s. 31 Section 31. 15.103 (1g) of the statutes is created to read:

SB40,73,17 15.103 (1g) Division of legal services. There is created in the department of administration a division of legal services. The administrator of the division shall be appointed by the secretary of administration in the unclassified service.

SB40, s. 32 Section 32. 15.104 of the statutes is created to read:

SB40,73,22 15.104 Same; offices. (1) Office of the Wisconsin Covenant Scholars Program. There is created an office of the Wisconsin Covenant Scholars Program in the department of administration. The director of the office shall be appointed by the secretary of administration.

SB40, s. 33 Section 33. 15.105 (19) of the statutes is renumbered 15.105 (19) (a).

SB40, s. 34 Section 34. 15.105 (19) (b) of the statutes is created to read:

SB40,74,2 15.105 (19) (b) There is created in the office of justice assistance a bureau of criminal justice research.

SB40, s. 35 Section 35. 15.105 (27) of the statutes is repealed.

SB40, s. 36 Section 36. 15.107 (18) of the statutes is created to read:

SB40,74,7 15.107 (18) Truth-in-sentencing phase ii council. (a) Creation. There is created in the department of administration a council called the truth-in-sentencing phase II council that shall consist of the following members:

SB40,74,8 1. The state public defender or his or her designee.

SB40,74,11 2. One majority party member and one minority party member from each house of the legislature, appointed as are the members of standing committees in their respective houses.

SB40,74,12 3. One district attorney appointed by the governor.

SB40,74,13 4. Three individuals, appointed by the governor.

SB40,74,14 5. One representative of crime victims, appointed by the governor.

SB40,74,15 6. One circuit judge, appointed by the supreme court.

SB40,74,18 (b) Officers. The governor shall designate annually one of the members of the council as chairperson. The council may elect officers other than a chairperson from among its members as its work requires.

SB40,74,25 (c) Reimbursement and compensation. Members of the council shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. An officer or employee of the state shall be reimbursed by the agency that pays the member's salary. Members who are full-time state officers or employees shall receive no compensation for their services. Other members shall be paid $25 per day, in addition to their actual and necessary expenses, for each day on which they are actually and necessarily engaged in the performance of their duties.

SB40,75,1 (d) Sunset. This subsection does not apply after January 31, 2008.

SB40, s. 37 Section 37. 15.145 (1) of the statutes is amended to read:

SB40,75,9 15.145 (1) Parole Earned release review commission. There is created in the department of corrections a parole an earned release review commission consisting of 8 members. Members shall have knowledge of or experience in corrections or criminal justice. The members shall include a chairperson who is nominated by the governor, and with the advice and consent of the senate appointed, for a 2-year term expiring March 1 of the odd-numbered years, subject to removal under s. 17.07 (3m), and the remaining members in the classified service appointed by the chairperson.

SB40, s. 38 Section 38. 15.155 (5) of the statutes is amended to read:

SB40,75,24 15.155 (5) Small business regulatory review board. There is created a small business regulatory review board, attached to the department of commerce under s. 15.03. The board shall consist of a representative of the department of administration; a representative of the department of agriculture, trade and consumer protection; a representative of the department of children and families; a representative of the department of commerce; a representative of the department of health and family services; a representative of the department of natural resources; a representative of the department of regulation and licensing; a representative of the department of revenue; a representative of the department of workforce development; 6 representatives of small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year terms; and the chairpersons of one senate and one assembly committee concerned with small businesses, appointed as are members of standing committees. The representatives of the departments shall be selected by the secretary of that department.

SB40, s. 39 Section 39. 15.195 (4) (intro.) of the statutes is renumbered 15.205 (4) (intro.) and amended to read:

SB40,76,6 15.205 (4) Child abuse and neglect prevention board. (intro.) There is created a child abuse and neglect prevention board which is attached to the department of health and family services children and families under s. 15.03. The board shall consist of 20 members as follows:

SB40, s. 40 Section 40. 15.195 (4) (a) of the statutes is renumbered 15.205 (4) (a).

SB40, s. 41 Section 41. 15.195 (4) (b) of the statutes is renumbered 15.205 (4) (b).

SB40, s. 42 Section 42. 15.195 (4) (c) of the statutes is renumbered 15.205 (4) (c).

SB40, s. 43 Section 43. 15.195 (4) (d) of the statutes is renumbered 15.205 (4) (d).

SB40, s. 44 Section 44. 15.195 (4) (dg) of the statutes is renumbered 15.205 (4) (dg).

SB40, s. 45 Section 45. 15.195 (4) (dr) of the statutes is renumbered 15.205 (4) (dr) and amended to read:

SB40,76,15 15.205 (4) (dr) The secretary of workforce development children and families or his or her designee.

SB40, s. 46 Section 46. 15.195 (4) (e) of the statutes is renumbered 15.205 (4) (e).

SB40, s. 47 Section 47. 15.195 (4) (em) of the statutes is renumbered 15.205 (4) (em).

SB40, s. 48 Section 48. 15.195 (4) (f) of the statutes is renumbered 15.205 (4) (f).

SB40, s. 49 Section 49. 15.195 (4) (fm) of the statutes is renumbered 15.205 (4) (fm).

SB40, s. 50 Section 50. 15.195 (4) (g) of the statutes is renumbered 15.205 (4) (g).

SB40, s. 51 Section 51. 15.197 (6) of the statutes is created to read:

SB40,77,2 15.197 (6) Health care quality and patient safety council. There is created a health care quality and patient safety council, attached to the department of health and family services under s. 15.03. The health care quality and patient safety council shall consist of the following members that, except for the members specified in pars. (a) to (c), are appointed by the governor for 2-year terms:

SB40,77,3 (a) The secretary of administration or his or her designee.

SB40,77,4 (b) The secretary of health and family services or his or her designee.

SB40,77,5 (c) The secretary of employee trust funds or his or her designee.

SB40,77,6 (d) An employer who purchases health care for employees.

SB40,77,7 (e) A representative of the Wisconsin Health and Hospital Association.

SB40,77,8 (f) A physician, as defined in s. 448.01 (5).

SB40,77,9 (g) A representative of the health insurance industry.

SB40,77,10 (h) A representative of a major health care provider system.

SB40,77,11 (i) A health care consumer advocate.

SB40, s. 52 Section 52. 15.197 (11n) of the statutes is renumbered 15.107 (7), and 15.107 (7) (ag), as renumbered, is amended to read:

SB40,77,16 15.107 (7) (ag) There is created a council on developmental disabilities, attached to the department of health and family services administration under s. 15.03.

SB40, s. 53 Section 53. 15.197 (16) of the statutes is renumbered 15.207 (16) and amended to read:

SB40,78,2 15.207 (16) Council on domestic abuse. There is created in the department of health and family services children and families a council on domestic abuse. The council shall consist of 13 members appointed for staggered 3-year terms. Of those 13 members, 9 shall be nominated by the governor and appointed with the advice and consent of the senate, and one each shall be designated by the speaker of the assembly, the senate majority leader and the minority leader in each house of the legislature and appointed by the governor. Persons appointed shall have a recognized interest in and knowledge of the problems and treatment of victims of domestic abuse.

SB40, s. 54 Section 54. 15.197 (24) (a) (intro.) of the statutes is renumbered 15.207 (24) (a) (intro.) and amended to read:

SB40,78,7 15.207 (24) (a) (intro.) There is created a Milwaukee child welfare partnership council, attached to the department of health and family services children and families under s. 15.03. The council shall consist of the following members:

SB40, s. 55 Section 55. 15.197 (24) (a) 1. of the statutes is renumbered 15.207 (24) (a) 1.

SB40, s. 56 Section 56. 15.197 (24) (a) 2. of the statutes is renumbered 15.207 (24) (a) 2.

SB40, s. 57 Section 57. 15.197 (24) (a) 3. of the statutes is renumbered 15.207 (24) (a) 3.

SB40, s. 58 Section 58. 15.197 (24) (a) 4. of the statutes is renumbered 15.207 (24) (a) 4.

SB40, s. 59 Section 59. 15.197 (24) (a) 5. of the statutes is renumbered 15.207 (24) (a) 5.