(3g)
Elimination of pesticide review board.
(a) Contracts. All contracts entered into by the pesticide review board in effect on the effective date of this paragraph are terminated on that date. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the functions of the pesticide review board, as determined by the secretary of administration, are terminated on that date.
(b) Rules, orders and permits. All rules promulgated or orders issued by the pesticide review board that are in effect on the effective date of this paragraph are rescinded on that date. All permits issued by the pesticide review board that are in effect on the effective date of this paragraph remain in effect until their expiration date or until rescinded by the department of agriculture, trade and consumer protection, whichever comes first.
(c) Pending matters. Any matter pending with the pesticide review board on the effective date of this paragraph is terminated and all materials submitted to or actions taken before the effective date of this paragraph by the pesticide review board with respect to the pending matter are considered to be void.
(4) Exemption from emergency rule procedures for mandatory health insurance risk-sharing plan. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate any rules that the department is authorized or required to promulgate under chapter 149 of the statutes, as affected by this act, for the period before the effective date of any permanent rules promulgated by the department under chapter 149 of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency.
(4t)
Blastomycosis study. The department of health and family services, in cooperation with other state agencies, shall study whether there is a correlation between the presence of wetlands and the increase in cases of blastomycosis. The department shall submit a report on the results of the study to the legislature in the manner provided in section 13.172 (2) of the statutes no later than June 30, 1999.
(5) Health insurance program for uninsured children. By July 1, 1998, the department of health and family services shall conduct and report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor on the results of a study to explore, on a statewide basis, possible provision of a health insurance program for uninsured families and school-age children, as determined by the department. If the health insurance program appears to be feasible, the department shall, with the report, include proposed statutory language necessary to implement the program. The de
partment shall also include in the report all of the following:
(a) An evaluation of the current medical assistance outreach efforts. The department shall, in the report, make recommendations that would increase the enrollment in the medical assistance program of children who are currently eligible for the medical assistance program.
(b) A study on the cost-effectiveness of expanding the medical assistance income standard for children.
(c) A comparison of providing a health insurance program, increasing the enrollment in the medical assistance program of children currently eligible for the medical assistance program and expanding the medical assistance income standard. The comparison shall be based on all of the following:
1. The costs and benefits of each approach.
2. The number of children who would receive health care coverage who are currently uninsured.
3. The administrative feasibility of each approach.
(6) Health programs for women. From the appropriation account under section 20.435 (5) (cb) of the statutes, as created by this act, the department of health and family services shall do all of the following:
(a) Conduct a women's health campaign to do all of the following:
1. Increase women's awareness of issues that affect their health.
2. Reduce the prevalence of chronic and debilitating health conditions that affect women.
(b) Distribute funds to applying individuals, institutions or organizations for the conduct of projects to enhance activities of communities in establishing and maintaining a comprehensive women's health program that addresses all major risk factors for chronic disease for middle-aged and older women. Distribution of funds to an applicant under this paragraph is conditioned upon receipt by the department of an agreement by the applicant to provide funds or in-kind services to match 25% of the amount of the funds distributed to the applicant.
(6m) Osteoporosis prevention and education. From the appropriation account under section 20.435 (5) (cb) of the statues, as created by this act, the department of health and family services may create an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis and options for diagnosing and treating osteoporosis.
(7) Development of a facility licensing and certification system. In fiscal year 1997-98, the department of health and family services shall distribute $150,000 from the appropriation under section 20.435 (3) (a) of the statutes and $100,000 from the appropriation under section 20.435 (6) (jm) of the statutes, as affected by this act, and in fiscal year 1998-99, the department of health and family services shall distribute $150,000 from the appropriation under section 20.435 (3) (a) of the statutes, to develop and extend use of a facility licensing and certification system. However, the secretary of administration may, under section 16.50 (2) of the statutes, withhold approval of an expenditure estimate of the funds under this subsection until he or she determines that the department of health and family services has adequately explored and planned for the use of a common licensing and certification system with the department of regulation and licensing.
(8) Transfer of information services.
(a) Employe transfers. On the effective date of this paragraph, 10.0 FTE PR positions in the department of health and family services that are primarily related to internet and print services functions and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of administration.
(b) Employe status. Employes transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(10g)
Women's health initiative.
(a) Mobile mammography van. The secretary of health and family services shall submit to the chairpersons of the joint committee on finance a plan that details the budget and criteria to be used in awarding a grant for the performance of breast cancer screening activities with the use of a mobile mammography van. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (5) (cc) of the statutes, as affected by this act, for breast cancer screening activities with the use of a mobile mammography van. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.
(b) Other women's health programs. The secretary of health and family services shall submit to the chairpersons of the joint committee on finance a plan that details the budget and criteria to be used in awarding grants under section 255.075 of the statutes, as created by this act, and Section 9123 (6) (b) of this act. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (5) (cb) of the statutes, as created by this act, for women's health services. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.
(10n)
Pregnancy prevention activities. The department of health and family services shall, in consultation with the adolescent pregnancy prevention and pregnancy services board and the department of workforce development, develop a plan that details specific activities that the department of health and family services and the adolescent pregnancy prevention and pregnancy services board will conduct to reduce the state's out-of-wedlock births by federal fiscal year 1998-99 in order to receive federal funds that will be made available to 5 states that experience the greatest decline in out-of-wedlock births during the previous 2 years. The department of health and family services shall submit the plan to the members of the joint committee on finance not later than December 31, 1997.
(10t)
Rural medical centers. The department of health and family services shall assist the Wisconsin congressional delegation, if requested, to prepare federal legislation to amend the Social Security Act to enable this state to operate a demonstration project for rural medical centers. The assistance of the department of health and family services shall end not later than December 31, 1997.
(11mp)
Study on family coverage under the mandatory health insurance risk-sharing plan. The department of health and family services shall study the feasibility of providing family coverage under the mandatory health insurance risk-sharing plan under subchapter II of chapter 619 of the statutes, as affected by this act, for an individual who is eligible for coverage under that plan and for the members of the individual's family. The department shall also determine whether providing such a plan of family coverage would satisfy the requirements under the federal Health Insurance Portability and Accountability Act of 1996 to provide a choice of coverage. On or before April 1, 1998, the department shall report its findings, conclusions and recommendations to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes and to the joint committee on finance.
(12j)
Tax credit for care of elderly persons. The department of health and family services shall, in consultation with the department of revenue, develop proposed legislation to create a tax credit for individuals who provide care for elderly persons. The department of health and family services shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes no later than January 30, 1998.
(12p) Board on hunger.
(a) Contracts. All contracts entered into by the board on hunger in effect on the effective date of this paragraph remain in effect and are transferred to the department of health and family services. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.
(b) Rules and orders. All rules promulgated by the board on hunger that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the board on hunger that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.
(c) Pending matters. Any matter pending with the board on hunger on the effective date of this paragraph is transferred to the department of health and family services and all materials submitted to or actions taken by the board on hunger with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.
(d) Equipment and records. On the effective date of this paragraph, all furniture, equipment, supplies and records of the board on hunger are transferred to the department of health and family services.
(e) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the board on hunger shall become the assets and liabilities of the department of health and family services.
(13b)
Nursing home occupancy rate standard. The department of health and family services, in applying the 91% occupancy rate standard for nursing homes for the 1997-99 fiscal biennium, shall use a facility's rate for the most recently completed one-year period.
(13d)
Direct care services. Of the amounts budgeted for the 1997-98 fiscal year for an aggregate increase in payments to nursing homes from the appropriations under section 20.435 (5) (b) and (o) of the statutes, as affected by this act, no funding in excess of that needed to meet the parameters set forth for the nursing home formula need be used to increase the direct care target above 103% of the statewide median.
(13pt)
Abuse and neglect investigations. The authorized FTE positions for the department of health and family services are increased by 4.15 FED positions on the effective date of this paragraph, to be funded from the appropriation under section 20.435 (6) (n) of the statutes, for the purpose of conducting investigations under section 146.40 (4r) (b) of the statutes, as affected by this act.
(13pu)
Child abuse and neglect automated interface. The department of health and family services shall study the feasibility of developing an automated interface for information relating to substantiated reports of child abuse and neglect with a view toward designating the statewide child welfare information system maintained by that department as the database that will provide that information.
(14j)
Wisconsin Resource Center positions. The authorized FTE positions for the department of health and family services are increased by 15.0 PR positions, to be funded from the appropriation under section 20.435 (2) (kx) of the statutes, to provide additional staffing for the Wisconsin Resource Center.
(15s)
Medical assistance direct care payment for facilities in a high-cost labor region. For purposes of medical assistance direct care payment to facilities under section 49.45 (6m) of the statutes for fiscal years 1997-98 and 1998-99 only, the department of health and family services shall consider any county that is adjacent to a county with a population of more than 500,000 to be a high-cost labor region.
27,9124
Section 9124.
Nonstatutory provisions; historical society.
(1m)
Northern Great Lakes Center; position. The moneys expended in the 1997-99 fiscal biennium from the appropriation under section 20.245 (4) (y) of the statutes, as created by this act, for 1.0 SEG position, and the fringe benefits and supplies and services associated with the position, shall be from moneys deposited in the conservation fund that are generated from forestry-related activities engaged in by the state.
(2c) Touring exhibit of Wisconsin state capitol. In cooperation with the joint committee on legislative organization, the historical society shall, during fiscal year 1997-98, provide a touring exhibit detailing the history of the Wisconsin state capitol, and solicit donations to finance the exhibit.
(2m) Agency request.
(a) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999-2001 biennial budget bill, the historical society shall submit a dollar amount for the 2000-01 fiscal year for the appropriation under section 20.245 (1) (a) of the statutes that is $205,000 less than the total amount appropriated under section 20.245 (1) (a) of the statutes for the 1998-99 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1999-2001 fiscal biennium.
(b) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999-2001 biennial budget bill, the historical society shall submit a dollar amount for the 2000-01 fiscal year for the appropriation under section 20.245 (1) (am) of the statutes that is $205,000 more than the total amount appropriated under section 20.245 (1) (am) of the statutes for the 1998-99 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1999-2001 fiscal biennium.
27,9126
Section 9126.
Nonstatutory provisions; workforce development.
(2) Definition of needy person. Using the procedure under section 227.24 of the statutes, the department of workforce development shall promulgate the rule required under section 49.138 (1d) (b) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 49.138 (1d) (b) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) and (3) of the statutes, the department of workforce development is not required to make a finding of emergency.
(3m) Request for more funding for the division of vocational rehabilitation. In the event that the amounts appropriated to the department of workforce development under section 20.445 (5) (a) and (bm) of the statutes are insufficient to carry out the purposes for which appropriated and matching funding is not available to the department, the department may make a request under section 13.10 of the statutes to the joint committee on finance asking the committee to supplement the appropriations under section 20.445 (5) (a) and (bm) of the statutes.
(3w) Job Training Partnership Act funding. From the appropriation account under section 20.445 (1) (mc) of the statutes, in fiscal year 1997-98 the department of workforce development shall distribute $80,600 in moneys received under the federal Job Training Partnership Act, 29 USC 1501 to 1792b, to the Northwest Wisconsin Concentrated Employment Program, Inc.
(4s) Labor training and employment services grant.
(a) The department of workforce development may make a grant of not more than $50,000 from the appropriation under section 20.445 (1) (mc) of the statutes to the private industry council serving Juneau County to fund a labor training and employment services program to provide employes of Best Power Company who are being laid off from that company's facility in Necedah with job training and related employment services, if all of the following conditions apply:
1. The private industry council submits a plan to the department of workforce development detailing the proposed use of the grant and the secretary of workforce development approves the plan.
2. The private industry council enters into a written agreement with the department of workforce development that specifies the conditions for use of the grant proceeds, including training, reporting and auditing requirements.
3. The private industry council agrees in writing to submit to the department of workforce development, within 6 months after the grant proceeds are spent, a report detailing how the grant proceeds were used.
(b) The department of workforce development may not pay grant proceeds under this subsection after July 31, 1998.
(5g) Allocation for equipment for county child support agencies. Of the amounts appropriated to the department of workforce development under section 20.445 (3) (a) of the statutes, as affected by this act, $150,000 in fiscal year 1997-98 shall be allocated for the purchase of kids information and data system (KIDS) equipment for county child support agencies. Of the amounts appropriated to the department of workforce development under section 20.445 (3) (n) of the statutes, $600,000 in fiscal year 1997-98 shall be allocated for the purchase of kids information and data system (KIDS) equipment for county child support agencies.
(5qh)
Learnfare sanctions. Using the procedure under section 227.24 of the statutes, the department of workforce development may promulgate rules required under section 49.26 of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 49.26 of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department of workforce development need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.
27,9127
Section 9127.
Nonstatutory provisions; insurance.
(1) Transfer of functions of office of health care information
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the office of the commissioner of insurance primarily related to the functions of the office of health care information shall become the assets and liabilities of the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.
(b) Employe transfers. On the effective date of this paragraph, 19.0 FTE PR positions in the office of the commissioner of insurance that are primarily related to the functions of the office of health care information and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.
(c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Supplies and equipment. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance primarily related to the functions of the office of health care information are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.
(e) Pending matters. On the effective date of this paragraph, any matter pending with the office of the commissioner of insurance primarily related to the functions of the office of health care information is transferred to the department of health and family services. All materials submitted or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.
(f) Contracts. On the effective date of this paragraph, all contracts entered into by the office of the commissioner of insurance primarily related to the functions of the office of health care information which are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.
(2) Transfer of mandatory health insurance risk-sharing plan.
(a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan shall become the assets and liabilities of the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.
(b) Employe transfers. On the effective date of this paragraph, 1.5 FTE SEG positions in the office of the commissioner of insurance that are primarily related to the mandatory health insurance risk-sharing plan and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.
(c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, in the department of health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Supplies and equipment. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.
(e) Pending matters. On the effective date of this paragraph, any matter pending with the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan is transferred to the department of health and family services. All materials submitted or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.
(f) Contracts. On the effective date of this paragraph, all contracts entered into by the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.
(g) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.
(3m) Health insurance risk-sharing plan; rules.
(a) Rules on creditable coverage. The commissioner of insurance shall submit in proposed form the rules required under section 619.115 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.
(b) Exemption from emergency procedures. Using the procedure under section 227.24 of the statutes, the commissioner of insurance may promulgate rules required under section 619.115 of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the commissioner need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.
(4m)
Health insurance risk-sharing plan board study on plan efficiency. The health insurance risk-sharing plan board of governors under section 619.15 of the statutes, as affected by this act, shall study the operation of the health insurance risk-sharing plan under subchapter II of chapter 619 of the statutes, as affected by this act. On or before June 30, 1998, the board shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor regarding the cost efficiency of the plan, including evaluations of all of the following:
(a) The impact on the plan of the greater use of managed care and case management for eligible persons.
(b) The effect on the plan of the federal Health Insurance Portability and Accountability Act of 1996.
27,9128
Section 9128.2
Nonstatutory provisions; investment board.
(1m) Certain direct charges. Prior to the enactment of the 1999-2001 biennial budget act, the investment board may not pay, as a direct charge to the funds under the board's management pursuant to section 25.18 (1) (a) or (m) of the statutes, expenses incurred in designing or installing computerized information systems, except for expenses relating to transfers between the board and 3rd parties of data relating to investment matters.
27,9129
Section 9129.1
Nonstatutory provisions; joint committee on finance.
(1m) Elections board data base conversion. Of the amount appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes for the 1997-99 fiscal biennium, $102,800 is allocated for enhancement of the computerized data base of the elections board to enable registrants to file campaign finance reports with the board by means of electronic transmission and to permit members of the public to access the data base electronically.
27,9131
Section 9131.3
Nonstatutory provisions; justice.
(1m) Prosecutors for sexually violent person commitment cases. Of the authorized FTE positions for the department of justice funded from the appropriation under section 20.455 (1) (a) of the statutes, 2.5 GPR project positions shall be used for the period ending on June 30, 1999, to provide 2.0 attorney positions and 0.5 paralegal position to assist district attorneys in prosecuting sexually violent person commitment proceedings under chapter 980 of the statutes, as affected by this act.