Parts of the Bill:
Compiled by: Jeremy Ryan, Executive Director of Defending Wisconsin PAC
Introduction: This is not a full analysis of the bill. This is an attempt to identify several parts of Senate Bill 11, all parts which will be passed if the budget and repair bill is passed, as I am a concerned citizen. I then explain below the exact quotations copied and pasted from Senate Bill 11 and why they effect you. This does not cover education, which will come in another, separate document, nor does it cover any union related portions of the bill. This covers why any non union citizen of Wisconsin who makes less than $500k a year (and even those who make more) should be concerned. Please feel free to share this document or any portion thereof, I simply ask that you cite it properly and in exchange, get one person to sign the pledge to petition for recall at www.defendingwisconsin.org. Thanks.
1. 13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
So basically they can do crap jobs in building their buildings but because Walker will be gone by the time the structural problems are realized costing us much more money it's ok... No, I don't buy it... Municipalities have ordinances for reasons, this seems like a way to do cheap work at a cheap price... But more than anything it simply shows that he wants the DOA to have full control over absolutely everything!! Not a huge talking point in this provision but another little hidden con...
2. 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 Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, the Wisconsin Economic Development Corporation, 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.
So this basically means Scott Walker can target his enemies with mounds of paperwork and call it non-partisan.
3. 15.07 (4) QUORUM. A majority of the membership of a board constitutes a quorum to do business and, unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board. This subsection does not apply to actions of the government accountability board, the University of Wisconsin Hospitals and Clinics Board, or the school district boundary appeal board as provided in ss. 5.05 16.004 (5) AGENCIES AND EMPLOYEES TO COOPERATE. All state agencies and authorities created under subch. II of ch. 114 or and subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.
Two more to just show how much power he wants to have.
5. 16.896 Sale or contractual operation of state−owned heating, cooling, and power plants. (1) Notwithstanding ss. 13.48 (14) (am) and 16.705 (1), the department may sell any state−owned heating, cooling, and power plant or may contract with a private entity for the operation of any such plant, with or without solicitation of bids, for any amount that the department determines to be in the best interest of the state. Notwithstanding ss. 196.49 and 196.80, no approval or certification of the public service commission is necessary for a public utility to purchase, or contract for the operation of, such a plant, and any such purchase is considered to be in the public interest and to comply with the criteria for certification of a project under s. 196.49 (3) (b).
This is where Governor Walker could legally, if this bill passes, sell our power plants for a single dollar! Scary!!!
6. 49.45 (2m) AUTHORIZATION FOR MODIFICATIONS TO PROGRAMS; STUDY. (a) In this
subsection, “Medical Assistance program” includes any program operated under this
subchapter, demonstration program operated under 42 USC 1315, and program
operated under a waiver of federal law relating to medical assistance that is granted
by the federal department of health and human services.
(b) The department shall study potential changes to the Medical Assistance
state plan and to waivers of federal law relating to medical assistance obtained from
the federal department of health and human services for all of the following
purposes:
1. Increasing the cost effectiveness and efficiency of care and the care delivery
system for Medical Assistance programs.
2. Limiting switching from private health insurance to Medical Assistance
programs.
3. Ensuring the long−term viability and sustainability of Medical Assistance
programs.
4. Advancing the accuracy and reliability of eligibility for Medical Assistance
programs and claims determinations and payments.
5. Improving the health status of individuals who receive benefits under a
Medical Assistance program.
6. Aligning Medical Assistance program benefit recipient and service provider
incentives with health care outcomes.
7. Supporting responsibility and choice of medical assistance recipients.
(c) Subject to par. (d), if the department determines, as a result of the study
under par. (b), that revision of existing statutes or rules would be necessary to
advance a purpose described in par. (b) 1. to 7., the department may promulgate rules
that do any of the following related to Medical Assistance programs:
1. Require cost sharing from program benefit recipients up to the maximum
allowed by federal law or a waiver of federal law.
2. Authorize providers to deny care or services if a program benefit recipient
is unable to share costs, to the extent allowed by federal law or waiver.
3. Modify existing benefits or establish various benefit packages and offer
different packages to different groups of recipients.
4. Revise provider reimbursement models for particular services.
5. Mandate that program benefit recipients enroll in managed care.
6. Restrict or eliminate presumptive eligibility.
7. To the extent permitted by federal law, impose restrictions on providing
benefits to individuals who are not citizens of the United States.
8. Set standards for establishing and verifying eligibility requirements.
9. Develop standards and methodologies to assure accurate eligibility
determinations and redetermine continuing eligibility.
10. Reduce income levels for purposes of determining eligibility to the extent
allowed by federal law or waiver and subject to the limitations under par. (e)
This is way too much power for one man to have over Medical Assistance. Much of the Medicaid is regulated on a state level so federal laws wouldn’t protect from a near elimination. Do people abuse the system? Yes… But there are also many who need it and they would literally die if they had to pay into their Medicaid or were denied treatment because they could not pay in. It is hard enough as it is working with Medical Assistance. There was a time when I was on it myself and although that time is thankfully come and gone, what people don’t realize is it is already a very hard system to work with and needs increases not cuts.
(e) 1. The department shall submit an amendment to the state Medical
Assistance plan or request a waiver of federal laws related to medical assistance, if
necessary, to the extent necessary to implement any rule promulgated under par. (c).
If the federal department of health and human services does not allow the
amendment or does not grant the waiver, the department may not put the rule into
effect or implement the action described in the rule.
2. The department shall request a waiver from the secretary of the federal
department of health and human services to permit the department to have in effect
eligibility standards, methodologies, and procedures under the state Medical
Assistance plan or waivers of federal laws related to medical assistance that are more
restrictive than those in place on March 23, 2010. If the waiver request does not
receive federal approval before December 31, 2011, the department shall reduce
income levels on July 1, 2012, for the purposes of determining eligibility to 133
percent of the federal poverty line for adults who are not pregnant and not disabled,
to the extent permitted under 42 USC 1396a (gg), if the department follows the
procedures under 42 USC 1396a (gg) (3).
(f) Using the procedure under s. 227.24, the department may promulgate a rule
under par. (c) as an emergency rule. Notwithstanding s. 227.24 (1) (a) and (3), the
department is not required to provide evidence that promulgating a rule under par.
(c) 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 par. (c). Notwithstanding s. 227.24 (1) (c) and (2), an emergency
rule promulgated under this paragraph remains in effect until whichever of the
following occurs first:
1. The effective date of the repeal of the emergency rule.
2. The date on which the permanent rule promulgated under par. (c) takes
effect.
Basically this is saying that they will try to get the federal government to comply with any new rules proposed to Medicaid but if they cannot they will make an emergency rule of some sort. And will also make the income levels lower to get on Medicaid. The income levels now are barely enough to cover an independent individual health plan. So basically if your employer doesn’t offer insurance and you cannot get Medicaid because you make too much (which isn’t much) then you better hope you don’t get sick or worse, a terminal illness.
7. 49.45 (8v) INCENTIVE−BASED PHARMACY PAYMENT SYSTEM. The department shall establish a system of payment to pharmacies for legend and over−the−counter drugs provided to recipients of medical assistance that has financial incentives for pharmacists who perform services that result in savings to the medical assistance program. Under this system, the department shall establish a schedule of fees that is designed to ensure that any incentive payments made are equal to or less than the documented savings unless otherwise provided by the department by rule promulgated under sub. (2m) (c). The department may discontinue the system established under this subsection if the department determines, after performance of a study, that payments to pharmacists under the system exceed the documented savings under the system.
The Pharmacy Society made significant contributions to Walkers campaign. Just another way he is paying back who paid him. But notice how they already expect a problem it says they can discontinue it if the payments exceed savings. But since when have pharmacists been the best to choose which medications I do or don’t take?? Isn’t that the doctors job??
8. 49.45 (24r) (a) The department shall implement any waiver granted by the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide family planning, as defined in s. 253.07 (1) (a), under medical assistance to any woman between the ages of 15 and 44 whose family income does not exceed 200% of the poverty line for a family the size of the woman’s family. If the department promulgates a rule under sub. (2m)
(c) 10., this paragraph does not apply to the extent it conflicts with the rule. SECTION 127. 49.45 (24r) (b) of the statutes is amended to read:
49.45 (24r) (b) The department may request an amended waiver from the secretary to permit the department to conduct a demonstration project to provide family planning to any man between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the man’s family. If the amended waiver is granted, the department may implement the waiver. If the department promulgates a rule under sub. (2m) (c) 10., this paragraph does not apply to the extent it conflicts with the rule.
So basically you can get condoms and contraceptives but not if Scott Walker issues a rule as this bill would give him the authority to do. This is a dangerous game for our children and overall society and it is bordering dangerously close to taking away a woman's right to choose. The majority of unwanted children come from lower income classes. The people who cannot afford family planning are the ones who need it the most. I don't mention this to scare people but this is the reality. Do we really want to go back to the days of back alley clothes hanger abortions?? Family planning waivers as they are now are necessary. People are going to have unprotected sex and that's just reality... Restricting family planning is not going to help this, it will only hurt overall society.
9. (a) The authorized FTE positions for the department of children and families are decreased by 1.0 PR position, funded from the appropriation under section 20.437 (3) (k) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the position.
(b) The authorized FTE positions for the department of children and families are decreased by 1.85 GPR positions, funded from the appropriation under section 20.437 (3) (a) of the statutes, for the purpose for which the appropriation is made.
The secretary of administration shall identify the positions. (c) The authorized FTE positions for the department of children and families
are decreased by 0.15 FED position, funded from the appropriation under section
20.437 (3) (n) of the statutes, for the purpose for which the appropriation is made.
The secretary of administration shall identify the position. (a) The authorized FTE positions for the department of corrections are
decreased by 3.0 GPR positions, funded from the appropriation under section 20.410 (1) (a) of the statutes, for the purpose for which the appropriation is made. The secretary of administration shall identify the positions.
(a) The authorized FTE positions for the department of natural resources are
decreased by 1.0 SEG position, funded from the appropriation under section 20.370
(1) (mu) of the statutes, for the purpose for which the appropriation is made. The
secretary of administration shall identify the position.
(b) The authorized FTE positions for the department of natural resources are
decreased by 2.0 SEG positions, funded from the appropriation under section 20.370
(8) (mu) of the statutes, for the purpose for which the appropriation is made. The
secretary of administration shall identify the positions.
This shows a pattern of cuts in Children and Families, Corrections, and Natural Resources. Cuts in manpower, for offices that could already use more.
10. SECTION 63. 20.866 (2) (xf) of the statutes is amended to read:
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 $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.
This basically shows that the state will take out a loan for $474,000,000 to cover $309,000,000 in debt. Didn’t they say this bill was supposed to help our debt rather than pile on more?? Well we all knew it was a lie, here is the proof.