AB100: Bill Text Engrossed

AB100-engrossed,2344,21 (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mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until amended or repealed by the department of health and family services.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health insurance risk-sharing plan remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB100-engrossed,2344,22 (3m) Health insurance risk-sharing plan; rules.

AB100-engrossed,2345,2 (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.

AB100-engrossed,2345,10 (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.

AB100-engrossed,2345,17 (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:

AB100-engrossed,2345,19 (a) The impact on the plan of the greater use of managed care and case management for eligible persons.

AB100-engrossed,2345,21 (b) The effect on the plan of the federal Health Insurance Portability and Accountability Act of 1996.

AB100-engrossed, s. 9128 Section 9128.2 Nonstatutory provisions; investment board.

AB100-engrossed,2346,3 (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.

AB100-engrossed, s. 9129 Section 9129.1 Nonstatutory provisions; joint committee on finance.

AB100-engrossed,2346,10 (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.

AB100-engrossed, s. 9131 Section 9131.3 Nonstatutory provisions; justice.

AB100-engrossed,2346,18 (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.

AB100-engrossed,2346,23 (1t) Study of hazardous substance cleanup agreements. The department of justice shall review the effectiveness of section 292.11 (7) (d) and (e) of the statutes, as created by this act, and shall submit a report of its findings to the joint committee on finance and to the legislative standing committees with jurisdiction over environmental matters by January 1, 2000.

AB100-engrossed,2346,24 (3pt) Computer link for criminal background investigations.

AB100-engrossed,2347,4 (a) The authorized FTE positions for the department of justice are increased by 1.0 PR positions, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the purpose of establishing and maintaining the computer linkup under section 165.825 of the statutes, as created by this act.

AB100-engrossed,2347,9 (b) The authorized FTE positions for the department of justice are increased 6.0 PR project positions, to be funded from the appropriation under section 20.455 (2) (gm) of the statutes, for the period ending on July 1, 2000, for the purpose of conducting criminal history searches required under section 50.065 (2) (b) 1. of the statutes, as created by this act.

AB100-engrossed,2348,3 (3pu) Computer link. The department of justice and the secretaries of health and family services and regulation and licensing shall, not later than 6 months after the effective date of this subsection, submit to the chairpersons of the joint committee on finance a plan for a computer linkup required under sections 165.825 and 440.03 (12m) of the statutes, as created by this act, to allow the department of health and family services to access the information required under section 50.065 (2) (b) of the statutes, as created by this act. The plan shall include a projected implementation date, which may not be later than 18 months after the submission of the plan. The plan may not require the department of justice to expend more than 30% of the difference between the revenues received under section 165.82 (1) of the statutes and $390,000 in any quarter of fiscal year 1998-99 or $200,000 in fiscal year 1998-99, whichever is less, to establish the computer linkup. If the joint committee on finance approves the plan, it may supplement the appropriation under section 20.435 (6) (a) of the statutes by not more than $420,000 in fiscal year 1998-99. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists. Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes in the 1997-99 fiscal biennium, $420,000 in fiscal year 1998-99 is allocated for the implementation of the computer linkup plan.

AB100-engrossed,2348,8 (3pv) Study on uniform fees. The department of justice shall prepare a report on the feasibility of establishing uniform fees for criminal history searches under section 165.82 of the statutes. The department shall submit the report to the legislature in the manner provided under section 13.172 (2) of the statutes no later than July 1, 1998.

AB100-engrossed,2348,18 (3px) Study on determining convictions in other states. The department of justice with the department of health and family services shall conduct a study to determine whether efficient methods exist by which both departments may ascertain whether a person for whom a criminal history search must be conducted under this act has a relevant conviction in another state or has been reported in another state for misappropriation of property or abuse or neglect of a person who is considered a vulnerable person in that state. Not later than July 1, 1998, the department of health and family services, in conjunction with the department of justice, shall submit to the legislature in the manner provided under section 13.172 (2) of the statutes a report detailing the results of the study.

AB100-engrossed, s. 9132 Section 9132. Nonstatutory provisions; legislature.

AB100-engrossed,2349,9 (1g) Audit of the public employe training functions of the department of employment relations. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the public employe training functions of the department of employment relations. The audit shall include an evaluation of whether the department of employment relations should offer training services to public employes. If the audit recommends that the department of employment relations continue to provide training services to public employes, the audit shall offer recommendations regarding what role the department should adopt in providing such training services and whether current law allows for the adoption of that role, whether departmental staff is required for providing the training services and how the training services may be reliably funded from fees paid by governmental agencies that contract with the department for providing the services. If the committee directs the legislative audit bureau to perform the audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes by September 1, 1998.

AB100-engrossed,2349,11 (1h) A study of the feasibility of reopening the variable retirement investment trust to participants in the Wisconsin retirement system.

AB100-engrossed,2349,18 (a) The retirement research committee, with the cooperation of the department of employe trust funds and the investment board, is requested to study the feasibility and cost implications of reopening the variable retirement investment trust to participants in the Wisconsin retirement system who are currently prohibited from having their employe and employer retirement contributions credited to the variable retirement investment trust. The study shall include all of the following:

AB100-engrossed,2349,20 1. An assessment of the impact on employer required contributions as a result of reopening the variable retirement investment trust.

AB100-engrossed,2349,24 2. An examination of the impact on investments in the fixed retirement investment trust if assets are transferred from the fixed retirement investment trust to the variable retirement investment trust as a result of reopening the variable retirement investment trust.

AB100-engrossed,2350,3 3. An evaluation of whether the administrative workload in the department of employe trust funds and the investment board would increase as a result of reopening the variable retirement investment trust.

AB100-engrossed,2350,6 4. A review of the implications for participating employes who may elect to have their employe and employer retirement contributions credited to the variable retirement investment trust.

AB100-engrossed,2350,9 (b) If the retirement research committee conducts the study specified in paragraph (a), the retirement research committee shall submit its report to the joint committee on finance by April 1, 1998.

AB100-engrossed,2350,17 (1k) Reengineering of information systems in the department of corrections. If the department of administration or the department of corrections contracts for a consultant to study the reengineering of the information systems in the department of corrections, the department of corrections and the department of administration shall jointly submit the results of the study to the joint committee on information policy. The department of corrections and the department of administration may not implement any of the recommendations in the study unless the recommendations have been approved by the committee.

AB100-engrossed,2350,18 (1t) Laptop computer acquisitions for assembly.

AB100-engrossed,2350,22 (a) In this subsection, "master lease" means an agreement entered into on behalf of the state for the lease of goods and related services under which the state agrees to make periodic payments, which may provide for the state to acquire title to the goods upon compliance with the terms of the agreement.

AB100-engrossed,2351,3 (b) The committee on organization of the assembly is requested to enter into a master lease for the acquisition of 100 laptop computers for assembly offices during fiscal year 1997-98. The costs of any such agreement shall be paid from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes.

AB100-engrossed,2351,10 (1to) Vending machines. The legislative audit bureau shall study the feasibility of replacing the sales tax on food and beverages sold from vending machines with a permit fee imposed on the owners of those machines, the fiscal effects of that change and the possible constitutional problems that would arise from that change. The legislative audit bureau shall report the results of its study to the legislature, in the manner provided under section 13.172 (2) of the statutes, on or before February 1, 1998.

AB100-engrossed,2351,11 (1x) Consolidation of state centers for the developmentally disabled.

AB100-engrossed,2351,14 (a) There is created a committee to develop and recommend a plan for the consolidation of the 3 state centers for the developmentally disabled. In developing and recommending the plan, the committee shall consider all of the following factors:

AB100-engrossed,2351,16 1. The availability of community-based support services for center residents in place of institutional care.

AB100-engrossed,2351,18 2. The effect that consolidation of the 3 state centers for the developmentally disabled will have on employment.

AB100-engrossed,2351,20 3. The fiscal effect that consolidation of the 3 state centers for the developmentally disabled will have on the state.

AB100-engrossed,2351,22 4. The ability of relatives of center residents to maintain contact with those residents if those residents are relocated as a result of the consolidation.

AB100-engrossed,2351,24 5. The impact on center residents of any relocation of center residents as a result of the consolidation.

AB100-engrossed,2352,2 6. Possible alternative uses of any state center for the developmentally disabled that is closed as a result of the consolidation.

AB100-engrossed,2352,6 (b) The committee shall consist of the following members, none of whom may be a senator representing a senate district, or a representative to the assembly representing an assembly district, in which a state center for the developmentally disabled is located:

AB100-engrossed,2352,7 1. A member who is appointed by the governor.

AB100-engrossed,2352,8 2. The majority leader of the senate or his or her designee.

AB100-engrossed,2352,9 3. The senate minority leader or his or her designee.

AB100-engrossed,2352,10 4. The speaker of the assembly or his or her designee.

AB100-engrossed,2352,11 5. The assembly minority leader or his or her designee.

AB100-engrossed,2352,13 (c) The committee shall elect a chairperson of the committee from among the members of the committee.

AB100-engrossed,2352,16 (d) The committee may call upon any state agency or officer for the facilities and data of that agency or officer, and those agencies and officers shall cooperate with the committee to the fullest extent possible.

AB100-engrossed,2352,21 (e) By January 1, 1998, the committee shall submit a report containing its findings, conclusions and recommendations for the consolidation of the 3 state centers for the developmentally disabled to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The committee terminates on submittal of the report as required under this paragraph.

AB100-engrossed,2353,2 (f) The department of health and family services shall consolidate the 3 state centers for the developmentally disabled in accordance with the recommendation of the committee, unless the legislature, by joint resolution, rejects the recommendation of the committee within 60 days after the date on which the report of the committee is submitted to the legislature under paragraph (e).

AB100-engrossed,2353,14 (g) If the committee recommends a plan for the consolidation of the 3 state centers for the developmentally disabled that involves relocating state center residents and if the legislature does not reject the plan under paragraph (f), the department of health and family services shall request the joint committee on finance to transfer moneys to the appropriation account under section 20.435 (5) (b) of the statutes, as created by this act, to fund the cost of relocating those residents. If the joint committee on finance determines that moneys are available to fund that cost, the joint committee on finance shall transfer not more than $600,000 in fiscal year 1998-99 to the appropriation account under section 20.435 (5) (b) of the statutes, as created by this act, and shall increase the expenditure authority under section 20.435 (2) (gk) of the statutes, as affected by this act, by not more than $1,450,000 in fiscal year 1998-99.

AB100-engrossed,2353,18 (h) If the committee recommends a plan for the consolidation of the 3 state centers for the developmentally disabled that involves closing one or more of those state centers and if the legislature does not reject the plan under paragraph (f), the department of health and family services may do any of the following:

AB100-engrossed,2353,22 1. Notwithstanding sections 51.10 and 51.15 of the statutes and sections 51.13, 51.20, 51.67 and 55.06 of the statutes, as affected by this act, refuse to admit new residents to a state center for the developmentally disabled that is recommended for closing.

AB100-engrossed,2353,25 2. Transfer residents among the state centers for the developmentally disabled without providing the procedural protections specified in section 51.35 (1) of the statutes, as affected by this act.

AB100-engrossed,2354,2 3. Relocate individuals who are receiving services under section 51.06 (1) (d) of the statutes, as affected by this act.

AB100-engrossed,2354,3 (2a) Integrated legislative information system staff creation.

AB100-engrossed,2354,8 (a) Positions and employes. All positions and incumbent employes holding positions in the legislature related to the functions of the integrated legislative information system staff on the effective date of this paragraph, as determined by the joint committee on legislative organization, are transferred to the integrated legislative information system staff.

AB100-engrossed,2354,13 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the legislature relating to the functions of the integrated legislative information system staff, as determined by the joint committee on legislative organization, is transferred to the integrated legislative information system staff.

AB100-engrossed,2354,21 (c) Contracts. All contracts entered into by the legislature in effect on the effective date of this paragraph that are primarily related to the functions of the integrated legislative information system staff, as determined by the joint committee on legislative organization, remain in effect and are transferred to the integrated legislative information system staff. The integrated legislative information system staff shall carry out any obligations under such a contract until modified or rescinded by the integrated legislative information system staff to the extent allowed under the contracts.

AB100-engrossed,2355,2 (d) Pending matters. Any matter pending with the legislature on the effective date of this paragraph relating to the functions of the integrated legislative information system staff is transferred to the integrated legislative information system staff and all materials submitted to or actions taken by the legislature with respect to the pending matter are considered as having been submitted to or taken by the integrated legislative information system staff.

AB100-engrossed,2355,13 (2g) Touring exhibit of Wisconsin state capitol. The joint committee on legislative organization, in cooperation with the state historical society of Wisconsin, shall establish a touring exhibit dealing with the history of the Wisconsin state capitol through photographs, videotapes and artifacts. For this purpose, the committee may authorize expenditure of not more than $100,000 in fiscal year 1997-98 from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes, to support production of the exhibit after the state historical society of Wisconsin notifies the cochairpersons of the committee that the society has received at least $100,000 in donations to finance the exhibit.

AB100-engrossed,2355,20 (2r) Residential schools. From the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance shall supplement the appropriation to the department of public instruction under section 20.255 (1) (b) of the statutes, in an amount equal to $91,200 in each fiscal year of the 1997-99 fiscal biennium, if the joint committee on finance approves the applicable plan under Section 9140 (1) of this act. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.

AB100-engrossed,2356,2 (2t) Review of racetrack operation contract compliance. No later than July 1, 1998, the legislative audit bureau shall review any contract entered into by the state fair park board with respect to the operation of a racetrack on the grounds of the state fair park to determine whether the racetrack operator has complied with all of the terms of the contract. The legislative audit bureau shall notify the building commission when the bureau has completed its review under this subsection.

AB100-engrossed,2356,3 (2z) Temporary assistance to needy families funding reserve.

AB100-engrossed,2356,9 (a) During the 1997-98 fiscal year, from the appropriation under section 20.865 (4) (m) of the statutes, as created by this act, the joint committee on finance shall allocate $14,000,000 to supplement payments under section 49.775 of the statutes, as created by this act, for the support of dependent children of recipients under the federal supplemental security income program or under section 49.77 of the statutes.

AB100-engrossed,2356,13 (b) From the appropriation under section 20.865 (4) (m) of the statutes, the joint committee on finance shall supplement the appropriation to the department of health and family services under section 20.435 (7) (ky) of the statutes for the purpose specified in paragraph (a) if all of the following occur:

AB100-engrossed,2356,15 1. The department of health and family services submits to the committee a request for the funds.

AB100-engrossed,2356,19 2. The committee approves the request, or the cochairpersons do not notify within 14 working days after the receipt of the request the secretary of health and family services that it has scheduled a meeting for the purpose of reviewing the request.

AB100-engrossed,2356,25 (c) 1. If the department of health and family services certifies that federal law does not recognize payments made under section 49.775 of the statutes, as created by this act, as meeting the maintenance-of-effort requirements under 42 USC 1382g, the committee shall supplement the appropriation account under section 20.435 (7) (ky) of the statutes by an amount sufficient to make payments under section 49.775 of the statutes, as created by this act, but not to exceed $14,000,000.

AB100-engrossed,2357,8 2. If the department of health and family services certifies that the federal government recognizes payments made under section 49.775 of the statutes, as created by this act, as meeting the maintenance-of-effort requirements under 42 USC 1382g, the committee shall supplement the appropriation account under section 20.435 (7) (ky) of the statutes by an amount sufficient, but not to exceed $14,000,000, to make payments under section 49.775 of the statutes, as created by this act, and to ensure that benefit levels under section 49.77 of the statutes need not be modified solely to reinstate those benefits for legal immigrants.

AB100-engrossed,2357,11 (d) Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists to supplement the appropriation under section 20.435 (7) (ky) of the statutes as provided in this subsection.

AB100-engrossed,2357,21 (3pt) Audit of abuse investigations. The legislative audit bureau is requested to perform a performance evaluation audit to compare the investigation processes of the department of health and family services under section 146.40 (4r) (b) of the statutes, as affected by this act and the department of regulation and licensing under section 440.03 (3q) of the statutes, as created by this act, and any private investigators with whom the department of health and family services has contracted under section 146.40 (4r) (er) of the statutes, as created by this act. The audit shall compare methods, timeliness and outcomes of the investigations. If the legislative audit bureau performs the audit, it shall file its report as described under section 13.94 (1) (b) of the statutes by June 30, 2000.

AB100-engrossed,2357,22 (3x) Audit of mass transit services.

AB100-engrossed,2357,24 (a) In this subsection, "mass transit system" has the meaning given in section 85.20 (1) (e) of the statutes.

AB100-engrossed,2358,6 (b) The legislative audit bureau shall conduct a financial audit of mass transit services provided to the campuses of the University of Wisconsin System. As part of its audit, the bureau shall examine the subsidies provided to mass transit systems by the University of Wisconsin System and compare the revenue derived from fares to the operating expenses of mass transit systems. The bureau shall submit its audit report to the joint committee on finance by December 31, 1998.

AB100-engrossed,2358,8 (4z) Participating employment by annuitants in the Wisconsin retirement system.

AB100-engrossed,2358,12 (a) The retirement research committee is requested to study the extent to which participants in the Wisconsin retirement system are concurrently receiving a salary from a participating employer in the Wisconsin retirement system and an annuity from the Wisconsin retirement system.

AB100-engrossed,2358,19 (b) If the retirement research committee conducts the study specified in paragraph (a), the retirement research committee shall submit a report of its findings and recommendations to the joint survey committee on retirement systems by March 8, 1998. At the time that the retirement research committee submits the report to the joint survey committee on retirement systems, the retirement research committee may also submit proposed legislation that is necessary to implement the retirement research committee's recommendations.

AB100-engrossed,2359,2 (6zg) Efficiency measures. The joint committee on legislative organization shall endeavor to ensure that expenditures from the sum of general purpose revenue appropriations under section 20.765 of the statutes shall be less than the sum of the amounts shown for general purpose revenue appropriations under section 20.765 of the statutes in the schedule under section 20.005 (3) of the statutes by at least $893,200 for the 1997-98 fiscal year and by at least $893,200 for the 1998-99 fiscal year.

AB100-engrossed, s. 9135 Section 9135.4 Nonstatutory provisions; Medical College of Wisconsin.

AB100-engrossed,2359,11 (2z) Family practice residency program. Of the moneys appropriated to the Medical College of Wisconsin, Inc., under section 20.250 (1) (b) of the statutes, $136,400 in fiscal year 1997-98 and $181,900 in fiscal year 1998-99 may be expended only to fund 2 additional family practice physicians for the family practice residency program. The Medical College of Wisconsin, Inc., shall provide matching funds equal to 50% of any moneys expended under this subsection. The 2 family practice physicians shall be allocated to maximize the number of family practice residents in the program.

AB100-engrossed, s. 9136 Section 9136. Nonstatutory provisions; military affairs.

AB100-engrossed,2359,13 (1m) Emergency management.

AB100-engrossed,2359,17 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the state emergency response board shall become the assets and liabilities of the division of emergency management in the department of military affairs.

AB100-engrossed,2359,20 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property of the state emergency response board is transferred to the division of emergency management in the department of military affairs.

AB100-engrossed,2360,2 (c) Contracts. All contracts entered into by the state emergency response board that are in effect on the effective date of this paragraph are transferred to the division of emergency management in the department of military affairs. The division of emergency management in the department of military affairs shall carry out any obligations under such a contract until modified or rescinded by the division of emergency management in the department of military affairs to the extent allowed under the contract.

AB100-engrossed,2360,10 (d) Rules and orders. All rules promulgated by the state emergency response board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the division of emergency management in the department of military affairs. All orders issued by the state emergency response board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the division of emergency management in the department of military affairs.