Wisconsin Legislature: 58,9104

58,9102 Section 9102. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

(1) Submission of plan. The department of agriculture, trade and consumer protection and the Wisconsin Economic Development Corporation shall jointly submit to the cochairpersons of the joint committee on finance a proposal for allocating $5,000,000 over five years to pursue an increase in dairy, meat, poultry, fish, crop, and other agricultural product exports by 25 percent over their 2021 levels by 2026.

(2) Hemp program report. The department of agriculture, trade and consumer protection shall study options for resolving the deficit in the hemp program under s. 94.55, including modifying fees, relinquishing operations to the U.S. department of agriculture, and restructuring program operations. No later than March 30, 2022, the department shall report to the cochairpersons of the joint committee on finance the department's recommendations for resolving the hemp program deficit.

58,9104 Section 9104. Nonstatutory provisions; Building Commission.

(1) Authorized State Building Program. For the fiscal years beginning on July 1, 2021, and ending on June 30, 2023, the Authorized State Building Program is as follows: - See PDF for table

(2) Programs previously authorized. In addition to the projects and financing authority enumerated in sub. (1), the building and financing authority enumerated in the previous state building program is continued in the 2021-23 fiscal biennium.

(3) Loans. During the 2021-23 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in s. 20.001 (1), for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized in sub. (1 ).

(4) 2015-17 Authorized State Building Program changes.

(a) In 2015 Wisconsin Act 55, section 9104 (1) (c) 1. a., under projects financed by existing general fund supported borrowing, the dollar amount for the 2015-17 Authorized State Building Program project identified as “Central Wisconsin Center — life safety renovations Buildings 1 and 6 — Madison” is increased from $4,868,000 to $15,808,000 and the appropriate totals are adjusted accordingly.

(b) In 2015 Wisconsin Act 55, 9104 (1) (c) 1g. a., as created in 2019 Wisconsin Act 9, section 9104 (4) (a), under projects financed by general fund supported borrowing, the 2015-17 Authorized State Building Program project identified as “Central Wisconsin Center — Building 6 life safety remodel — Madison” is amended to read “Central Wisconsin Center — life safety renovations Buildings 1 and 6 — Madison” and the dollar amount is decreased from $10,940,000 to $4,840,400 and the appropriate totals are adjusted accordingly.

(c) In 2015 Wisconsin Act 55, 9104 (1) (c) 1r. a., as created in 2019 Wisconsin Act 9, section 9104 (4) (a), under projects financed by program revenue, the 2015-17 Authorized State Building Program project identified as “Central Wisconsin Center — Building 6 life safety remodel — Madison” is amended to read “Central Wisconsin Center — life safety renovations Buildings 1 and 6 — Madison” and the dollar amount is increased from $1,500,000 to $1,800,000 and the appropriate totals are adjusted accordingly.

(5) 2017-19 Authorized State Building Program changes.

(a) In 2017 Wisconsin Act 59, section 9104 (1) (i) 1. b., under projects financed by general fund supported borrowing, the 2017-19 Authorized State Building Program project identified as “Wisconsin Veterans Home at King — food service system upgrades” is amended to read “Wisconsin Veterans Home at King — central services kitchen upgrade” and the dollar amount is increased from $2,450,300 to $4,086,200 and the appropriate totals are adjusted accordingly.

(b) In 2017 Wisconsin Act 59, section 9104 (1) (i) 2. a., under projects financed by program revenue supported borrowing, the 2017-19 Authorized State Building Program project identified as “Wisconsin Veterans Home at King — food service system upgrades” is amended to read “Wisconsin Veterans Home at King — central services kitchen upgrade” and the dollar amount is increased from $4,550,700 to $7,588,800 and the appropriate totals are adjusted accordingly.

(c) In 2017 Wisconsin Act 59, section 9104 (1) (i) 1. c., under projects financed by general fund supported borrowing, the 2017-19 Authorized State Building Program project identified as “Wisconsin Veterans Home at King — water improvements” is amended to read “Wisconsin Veterans Home at King — domestic water treatment” and the dollar amount is increased from $833,700 to $2,234,700 and the appropriate totals are adjusted accordingly.

(d) In 2017 Wisconsin Act 59, section 9104 (1) (c) 1. em., as created by 2017 Wisconsin Act 185, under projects financed by general fund supported borrowing, the amount authorized for the project identified as “Type 1 juvenile correctional facilities — statewide” is increased by $4,000,000, and the appropriate totals are adjusted accordingly, for the purpose of project planning, development, and design, site selection, and land and property acquisition for a new Type 1 juvenile correctional facility in Milwaukee County.

(6) 2019-21 Authorized State Building Program changes.

(a) In 2019 Wisconsin Act 9, section 9104 (1) (c) 1. b., under projects financed by general fund supported borrowing, the dollar amount for the 2019-21 Authorized State Building Program project identified as “Stanley Correctional Institution — new health services unit — Stanley” is increased from $10,633,000 to $14,126,000 and the appropriate totals are adjusted accordingly.

(b) In 2019 Wisconsin Act 9, section 9104 (1) (g) 1. a., under projects financed by general fund supported borrowing, the 2019-21 Authorized State Building Program project identified as “Wisconsin Educational Services Program for the Deaf and Hard of Hearing — comprehensive code upgrades — Pewaukee” is amended to read “Wisconsin Educational Services Program for the Deaf and Hard of Hearing — New Huff Hall Dormitory — Delavan” and the dollar amount is increased from $7,388,300 to $25,000,000 and the appropriate totals are adjusted accordingly.

(7) University of Wisconsin System minor facility renewal program; Groups 1 and 2 projects.

(a) Group 1. The amounts specified under sub. (1 ) (h) 1. a. and 2. a. shall be expended for the following projects:

1. UW–Parkside — heating and chilling plant boilers 3 and 4 replacement.

2. UW–Madison — multi-building fire alarm system renovation, phases X to XI.

3. UW–Madison — multi-building fire protection system renovations.

4. UW–Madison — multi-building fire suppression system renovations.

5. UW–Milwaukee — Great Lakes Research Facility dock wall restoration.

6. UW–Superior — sports and activity fields redevelopment.

7. UW–Madison — armory and gymnasium exterior envelope repair and replacement.

8. UW–Platteville — Williams Fieldhouse HVAC and electrical system replacements.

(b) Group 2. The amounts specified under sub. (1 ) (h) 1. d. and 2. b. shall be expended for the following projects:

1. UW–Oshkosh — Harrington Hall HVAC system replacement.

2. UW–Madison — multi-building elevator modernization and replacements.

3. UW–Madison — multi-building AAALAC accreditation repairs.

4. UW–Superior — Barstow Science Laboratory and Applied Research renovation.

5. UW–Stout — Jarvis Hall Technology Wing Laboratory infrastructure renovation.

6. UW–Stout — Hanson, Keith, Milnes, and Chinnock Halls restroom renovations.

7. UW–Oshkosh — multi-building historic homes renovation.

(8) Beyond Vision; VisABILITY Center. Notwithstanding s. 13.48 (46p) (b), the building commission cannot make a grant to Wiscraft, Inc., for the purchase and renovation of the VisABILITY Center, as enumerated in sub. (1) (i), under s. 13.48 (46p), unless the department of administration has reviewed and approved plans for the project. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.

(9) Incourage Community Foundation. Notwithstanding s. 13.48 (20m) (d) 2., the building commission cannot make a grant to the Incourage Community Foundation, Inc., for the redevelopment of the former Daily Tribune building in the city of Wisconsin Rapids into an economic and community hub under s. 13.48 (20m) (d), unless the department of administration has reviewed and approved plans for the project. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.

(10) Museum of nature and culture. Notwithstanding s. 13.48 (42m) (b), the building commission cannot make a grant to Historic Haymarket Milwaukee, LLC, for the construction of a museum of nature and culture, as enumerated in sub. (1) (j), under s. 13.48 (42m), unless the department of administration has reviewed and approved plans for the project. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.

(11) Wisconsin History Museum. From the appropriation under s. 20.867 (2) (r), the building commission may expend up to $4,000,000 for project planning, development, design, site selection, and land and property acquisition for the Wisconsin History Museum enumerated in 2019 Wisconsin Act 9, section 9104 (1) (i).

(12) Psychiatric and behavioral health beds. Notwithstanding s. 13.48 (20t) (b), the building commission cannot make a grant to an organization for renovation of an existing mental health facility in Marathon County, as enumerated in sub. (1 ) (k), under s. 13.48 (20t), unless the department of administration has reviewed and approved plans for the project. Notwithstanding ss. 16.85 (1) and 16.855 (1m), the department of administration cannot supervise any services or work or let any contract for the project. Section 16.87 does not apply to the project.

(13) Grant for psychiatric beds.

(a) The legislature finds and determines that expanding psychiatric bed capacity as described in par. (b ) would greatly benefit state residents by expanding access to timely inpatient mental health treatment and services and allowing public financial resources to be better distributed to more effectively improve delivery of mental health services. It is therefore in the public interest, and it is the public policy of this state, to assist the health system described under par. (b) in expanding psychiatric bed capacity.

(b) In fiscal year 2021-22, the building commission shall award a grant in the amount of $15,000,000 to a health system that applies to the commission and meets all of the following criteria:

1. The health system has a hospital that is located in Eau Claire County, south of the Chippewa River, and northeast of the intersection of STH 37 and USH 12 and has a hospital in Chippewa County.

2. The health system agrees to expand psychiatric bed capacity by 22 beds between the Eau Claire County hospital and the Chippewa County hospital. A hospital shall give preference in admissions to fill beds added under this subdivision to individuals who meet the criteria for emergency detention under s. 51.15 and who are from Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark, Douglas, Dunn, Eau Claire, Iron, Jackson, La Crosse, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Price, Rusk, Sawyer, St. Croix, Taylor, Trempealeau, Vilas, Washburn, or Wood Counties.

3. The health system identifies measures that it believes will serve the needs of area residents with mental health needs, especially, as a critical component of the measures, in reducing the burden on the Winnebago Mental Health Institute.

4. The health system agrees to annually report to the legislature, in the manner described under s. 13.172 (2), the services provided with the resources funded by the grant awarded under this subsection, including the number of individuals diverted from the Winnebago Mental Health Institute.

5. The health system recognizes that it is liable to repay the grant funds to the state if it fails to continue to maintain the expanded services and number of expanded psychiatric beds available. The amount the health system is liable for repayment is reduced proportionately each year for 10 years of continuing expanded services as described under par. (c).

1. Maintains an agreed upon number of beds for acceptance of admissions for emergency detention under s. 51.15. The health system is considered to be in compliance with this subdivision if at least half of the expanded psychiatric beds under par. (b) 2. are available for individuals who are initially admitted under an emergency detention under s. 51.15.

2. Enters into a contract with, at minimum, two-thirds of the counties specified in par. (b ) 2. in which at least one of the hospitals agrees to do all of the following:

a. Be the primary receiver for individuals under an emergency detention under s. 51.15 for the county.

b. Accept for admission under an emergency detention individuals regardless of payment source.

c. Accept any individual subject to an emergency detention from the county unless all psychiatric beds added under par. (b) 2. are filled. The hospital may set its payment rate based on the acuity of the individual being detained.

d. Ensure the county department is the secondary payer after any other coverage the individual has is exhausted.

(d) Notwithstanding s. 150.93, any hospital that expands psychiatric bed capacity under this subsection may increase its approved bed capacity.

(14) Transfer to the state building trust fund. There is transferred from the general fund to the state building trust fund $15,000,000 in fiscal year 2021-22.

58,9106 Section 9106. Nonstatutory provisions; Children and Families.

(1) Adoption recruitment services for children with special needs. In each year of the 2021-23 fiscal biennium, the department of children and families shall provide $300,000 from the appropriations under s. 20.437 (1) (cx) and (mx) to the Wendy's Wonderful Kids program at the Children's Hospital of Wisconsin to recruit adoptive placements for children with special needs in a county with a population of 750,000 or more.

58,9107 Section 9107. Nonstatutory provisions; Circuit Courts.

(1) Circuit courts designated to begin operation in 2021. The circuit court branches added in s. 753.06 (4) (a), (7) (e), (9) (g), and (10) (f), are the additional branches authorized to be added and allocated by the director of state courts under s. 753.0605 (1) to begin operation on August 1, 2021.

58,9119 Section 9119. Nonstatutory provisions; Health Services.

(1) Position transfer to the department of administration.

(a) Employee transfer. On the effective date of this paragraph, 1.0 FTE position classified as equal opportunity specialist—senior in the department of health services and the incumbent employee holding that position is transferred to the department of administration.

(b) Employee status. An employee transferred under par. (a) has all the rights and the same status under ch. 230 in the department of administration that the employee enjoyed in the department of health services before the transfer. Notwithstanding s. 230.28 (4), no employee transferred under par. (a) who has attained permanent status in class is required to serve a probationary period.

(2) Surgical quality improvement grant. From the appropriation under s. 20.435 (1) (b), the department of health services may award a onetime grant of $335,000 in fiscal year 2021-22 to support surgical quality improvement activities. Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department of health services may transfer moneys appropriated for the purpose described under this subsection from fiscal year 2021-22 to fiscal year 2022-23.

(3) Grants for employer blood drives.

(a) Definitions. In this subsection:

1. “Blood donation” means the voluntary and uncompensated donation of whole blood, or specific components of blood, by an employee of the organizing employer that is drawn for use by a nonprofit blood bank organization.

2. “Blood drive” means a function that is held at a specific date and time, is organized by a nonprofit blood bank organization in coordination with an employer, and is open only to individuals who are employees of the employer.

(b) Award. From the appropriation under s. 20.435 (1) (b), the department of health services shall award grants to employers who apply to the department to organize blood drives. The department shall award grants equal to $20 per blood donation. The department cannot award more than $250,000 in grants in any fiscal year. The department may award a grant to an employer under this subsection only if the employer retains documentation of each blood donation.

(4) Medical Assistance reimbursement for direct care. From the increase in reimbursement paid by the department of health services under the Medical Assistance program to nursing facilities and to intermediate care facilities for persons with an intellectual disability, in each fiscal year, the department shall increase by $20,000,000, as the state share of payments, plus the matching federal share of payments, to support the staff in those facilities who perform direct care to residents.

(5) Medical Assistance rate increase for nursing in home health agencies. For dates of services beginning January 1, 2022, the department of health services shall increase the Medical Assistance rates paid for nursing care in home health agencies that are licensed under s. 50.49 to support licensed practical nurses, registered nurses, and nurse practitioners in those agencies. For the first fiscal year of this biennium, the rate increase under this subsection shall be by a budgeted sum of $473,300, as the state share of payments, and provide the matching federal share of payments. For the second fiscal year of this biennium, the rate increase under this subsection shall be by a budgeted sum of $960,200, as the state share of payments, and provide the matching federal share of payments.

(6) Medical assistance reimbursement rate increase for direct care in personal care agencies. The department of health services shall increase the Medical Assistance rates paid for direct care to agencies that provide personal care services to support staff in those agencies who perform direct care. For the first year of this fiscal biennium, the rate increase under this subsection shall be by a budgeted sum of $7,584,400, as the state share of payments, and the matching federal share of payments. For the second year of this fiscal biennium, the rate increase under this subsection shall be by a budgeted sum of $23,557,700, as the state share of payments, and the matching federal share of payments.

58,9123 Section 9123. Nonstatutory provisions; Insurance.

(1) Wisconsin Healthcare Stability Plan; coinsurance. Notwithstanding the requirements under s. 601.83 (3) (a), the commissioner of insurance shall revise the coinsurance rate for the 2022 plan year in accordance with the amount available for expenditure under s. 601.83 (1) (hm) no later than July 31, 2021.

58,9125 Section 9125. Nonstatutory provisions; Joint Committee on Finance.

(1) State aid; repeal of personal property taxes. The joint committee on finance shall supplement the appropriation under s. 20.835 (1) (em) in 2022-23 to make payments to local taxing jurisdictions equal to the amount of revenues not collected by the local taxing jurisdictions because of the elimination of the personal property tax imposed under ch. 70, effective with January 1, 2022, assessments, in any legislation enacted during the 2021-22 legislative session.

58,9128 Section 9128. Nonstatutory provisions; Legislature.

(1) Required general fund structural balance. Section 20.003 (4m) shall not apply to the actions of the legislature in enacting any legislation during the 2021-22 legislative session.

58,9131 Section 9131. Nonstatutory provisions; Military Affairs.

(1) Statewide public safety interoperable communication system.

(a) Request for proposals. No later than 30 days after the effective date of this subsection, the department of military affairs shall issue a request for proposals for a replacement statewide public safety interoperable communication system.

(b) Funding. Notwithstanding s. 16.75, after a proposal has been chosen but before a contract with a vendor has been executed, the department of military affairs shall submit a request to the joint committee on finance to supplement the appropriation under s. 20.465 (3) (a) to provide the necessary funds to pay the amounts designated in the contract to be executed under par. (c ). The request shall include all of the following information:

1. The rationale for selecting the proposed vendor.

2. The vendor's solutions to resolve capacity, coverage, and interference issues.