(3xz) State centers task force.
(a) The department of health and family services shall create a task force that shall develop a plan for the state centers for the developmentally disabled. The plan, which shall be completed by the first day of the 7th month beginning after the effective date of this paragraph, shall include any recommended statutory language changes needed to implement the plan. The department shall submit this recommended statutory language to the department of administration as part of the department of health and family services' 2003-05 biennial budget request and to the legislature. The plan shall do the following:
1. Specify the future role of the state and the state centers for the developmentally disabled in providing services for persons with developmental disabilities.
2. Attempt to maximize the potential for independent living in the most appropriate setting and ensure quality care and services for each person residing in the state centers for the developmentally disabled, according to the person's wishes.
3. If the task force recommends closing a state center for the developmentally disabled, define and recommend changes in the role of one or more of the state centers for the developmentally disabled, including functioning other than as a state center for the developmentally disabled.
4. Ensure the provision of quality community-based services for persons who are able to be relocated from the state centers.
5. Provide for transitional employment opportunities and services for existing staff of the state centers for the developmentally disabled, in the event that one or more of the state centers close or are assigned new functions.
(b) The department of health and family services shall appoint the membership of the task force described in paragraph (a). The task force shall include representatives of all of the following:
1. The department of health and family services.
2. The department of veterans affairs.
3. The department of corrections.
4. The governor's office.
5. The American Federation of State, County and Municipal Employees union, the Service Employees International union, District 1199, and other labor unions.
6. Parents or guardians of current residents of the state centers for the developmentally disabled.
7. Former and current residents of the state centers for the developmentally disabled.
8. Advocates for persons with developmental disabilities.
9. A member of the board of an intermediate care facility for the mentally retarded.
10. Organizations that provide services to persons with developmental disabilities in the community.
11. County departments that provide services to persons with developmental disabilities.
(4g) Fees for patient health care records; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 146.83 (3m) 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 10th month beginning after the effective date of this subsection.
(b) To develop the rules under paragraph (a), the secretary of health and family services shall establish an advisory committee composed of members who represent a balance of persons who maintain patient health care records and persons who request patient health care records.
(4r) Prohibiting recovery of pharmacy overpayments.
(a) The department of health and family services may not recover any part of a payment to which all of the following apply:
1. The payment was made by the department between July 1, 1998, and January 29, 2001, for a prescription drug under the health insurance risk-sharing plan under chapter 149 of the statutes.
2. In December 2001, the department issued a notice of intent to recover all or part of the payment.
3. The intended recovery of all or part of the payment is based on a determination by the department that the amount paid was incorrect due to the transition of the administration of the health insurance risk-sharing plan under chapter 149 of the statutes from the office of the commissioner of insurance to the department.
(b) The department of health and family services shall return to any person, as defined in section 990.01 (26) of the statutes, any amount that is prohibited from recovery under this subsection that was recovered by the department before the effective date of this paragraph.
109,9125
Section 9125.
Nonstatutory provisions; historical society.
(1d) Historical society. The historical society shall allocate $100,000 in fiscal year 2001-02 and $100,000 in fiscal year 2002-03 for the office of local history and the historical society library.
109,9127
Section 9127.
Nonstatutory provisions; insurance.
(1x) Uniform employee application form rules. The commissioner of insurance shall submit in proposed form the rules required under section 601.41 (8) (b) 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 5th month beginning after the effective date of this subsection.
109,9131
Section 9131.
Nonstatutory provisions; justice.
(2x) Automated fingerprint identification system work station for city of Racine. From the appropriation under section 20.455 (2) (cr) of the statutes, as created by this act, the department of justice shall award $63,200 to the city of Racine police department in fiscal year 2002-03 for the purchase of an automated fingerprint identification system work station and for the installation of a Badgernet line for the work station. The city of Racine police department and the department of justice shall enter into an agreement regarding the duties and obligations of the police department and the department of justice with respect to the use of the automated fingerprint identification system work station and regarding the use of, and access to, the state automated fingerprint identification system and to other criminal record databases.
(2xz) Increase in positions. The authorized FTE positions for the department of justice, funded from the appropriation under section 20.455 (1) (j) of the statutes, as created by this act, are increased by 5.5 PR positions.
109,9132
Section 9132.
Nonstatutory provisions; legislature.
(1c) Program evaluation and management audit of department of administration.
(a) The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a program evaluation and management audit of the department of administration to determine whether state government could function effectively without the department. If the audit is undertaken, the bureau is requested to include each of the following elements to the extent they are considered appropriate by the bureau:
1. A comparison of the functions and responsibilities of the department at the time that it was created and the current functions and responsibilities of the department.
2. A review of whether any administrative functions have been removed from the department since the time that it was created and whether the administrative functions that the department retains are significant enough to justify a separate department.
3. A comparison of the department's central administrative functions, efficiencies, and related budgetary impacts with the central administrative functions, efficiencies, and budgetary impacts associated with similar agencies in other states.
4. A comparison of the budgeted and per capita costs of the department at the time of its creation with the current budgeted and per capita costs of the department, together with the costs of any other agencies or subunits thereof to which original functions or responsibilities of the department have been transferred.
5. A review of the policy-making responsibilities that have been assigned to the department, including an assessment of whether such responsibilities could be more effectively administered by other state agencies.
6. An assessment of whether any functions or responsibilities of the department duplicate those of other state agencies and could therefore be reduced or eliminated.
7. A review of whether the efficiencies and cost savings intended by the legislature and governor when the department was created have been realized.
8. An assessment of whether there are any impediments to decentralizing those responsibilities and functions that are currently assigned to the department by assigning these functions and responsibilities to the office of the governor or to other state agencies.
9. A review of the costs charged by the department to other state agencies or to local governments and an assessment of whether the responsibilities and functions funded by these charges could be effectively undertaken by this state if the department did not exist.
(b) If the bureau undertakes the audit, the bureau is requested to submit a report of its findings and recommendations to the distributees specified in section 13.94 (1) (b) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.
(3q) Study of certain election administration services. The joint legislative council is requested to conduct a study of election administration services performed by municipalities and counties and prepare recommendations for the consolidation of those services. If the joint legislative council conducts the study and prepares the recommendations, it shall report its findings, conclusions, and recommendations, in the manner provided under section 13.172 (2) of the statutes, to the 2003 legislature when that legislature convenes.
(4v) Declaratory judgment. The legislature directs the attorney general to promptly commence an action seeking a declaratory judgment that the treatment of chapter 11 of the statutes by this act, including specifically the treatment of sections 11.01 (16) (a) 3., 11.06 (2), 11.12 (6) (am) and (c), 11.24 (1w), 11.26 (1) (intro.), (1m), (2) (a), (ae), (am), (as), and (av), (2m), (8), (8n), (8r), (9) (a), and (9m), 11.31 (3p), 11.50 (2s) (f) and (4) (bg) and (br), and 11.60 (3r) of the statutes are constitutional. The legislature directs the attorney general to petition for leave to commence the action as an original action before the Wisconsin supreme court. If such a petition is denied, the legislature directs the attorney general to commence the action in the circuit court for Dane County. If the attorney general fails to commence an action under this subsection by the 61st day following the effective date of this subsection, the joint committee on legislative organization shall, within 30 days thereafter, retain counsel for the purpose of commencing such an action.
109,9136
Section 9136.
Nonstatutory provisions; military affairs.
(1) Youth Challenge program. The authorized FTE positions for the department of military affairs are decreased by 17.2 GPR positions on July 1, 2002, and increased by 17.2 PR positions on July 1, 2002, to be funded from the appropriation under section 20.465 (4) (ka) of the statutes, as affected by this act, for the Youth Challenge program.
109,9137
Section 9137.
Nonstatutory provisions; natural resources.
(1q) Wheelchair Recycling Project. From the appropriation under section 20.370 (6) (bw), as created by this act, the department of natural resources shall provide funding to the Wheelchair Recycling Project, of the Madison Chapter of the National Spinal Cord Injury Association, to provide recycled wheelchairs and other medical equipment to individuals and programs in need and for costs of equipment, parts, maintenance, and distribution.
(1v) Council on forestry. Notwithstanding the length of term specified in section 15.347 (19) (c) of the statutes, as created in this act, of the members first appointed to the council on forestry under section 15.347 (19) (a) 6. to 19. of the statutes, as created by this act, the governor shall designate 4 members to serve for terms expiring on July 1, 2005, 3 members to serve for terms expiring on July 1, 2006, 4 members to serve for terms expiring on July 1, 2007, and 3 members to serve for terms expiring on July 1, 2008.
(1w) Animal health protection. The department of natural resources and the department of agriculture, trade and consumer protection shall enter into a contract for the purpose of enhancing the protection of the health of wild and domestic animals in this state. Under the contract, the department of natural resources may provide the department of agriculture, trade and consumer protection with $150,000 in fiscal year 2002-03 from the appropriation under section 20.370 (1) (mu) of the statutes, as affected by this act, for purposes related to animal health regulation, including improving its livestock farm location and livestock tracking databases and studying the implementation of an electronic system for certification of veterinary inspection.
(1x) Coaster brook trout study and reintroduction. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-2005 biennial budget bill, the department of natural resources shall submit information concerning the appropriation under section 20.370 (4) (mu) of the statutes as though the increase in the dollar amount of that appropriation by Section 9237 (27x) of this act had not been made.
(2fxq) Invasive species council staggered terms. Notwithstanding the length of term specified in section 15.347 (18) (b) 7. of the statutes, as created in this act, of the members first appointed to the invasive species council under section 15.347 (18) (b) 7. of the statutes, as created by this act, the governor shall designate 2 members to serve for terms expiring on July 1, 2007, 2 members to serve for terms expiring on July 1, 2008, and 3 members to serve for terms expiring on July 1, 2009.
(2x) Recreational boating aids, Fish, Mud, and Crystal lakes.
(a) From the appropriation under section 20.370 (5) (cq) of the statutes, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources in fiscal year 2002-03 shall provide financial aid to Dane County for water-quality and lake-level improvements for Fish Lake and Mud Lake located in Dane County and for Crystal Lake located in both Dane County and Columbia County. The amount provided to Dane County under this paragraph shall equal the total amount contributed by local entities for the improvements or $200,000, whichever is less. Notwithstanding section 30.92 (4) (b) 7. of the statutes, the improvements specified under this paragraph qualify as a recreational boating project for the purpose of providing moneys under this paragraph. This improvement project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.
(b) Contributions by local entities under paragraph (a) may be made by Dane County, Columbia County, the town of Roxbury in Dane County, the town of West Point in Columbia County, any public inland lake protection and rehabilitation district organized for Fish, Mud, and Crystal lakes, any other local governmental unit, as defined in section 66.0131 (1) (a) of the statutes, that seeks contributions for the improvements specified under paragraph (a), and any other organization that seeks such contributions.
109,9139
Section 9139.
Nonstatutory provisions; public defender board.
(1z) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes during the 2001-03 fiscal biennium, the public defender board may fill any vacant position for trial or appellate representation that is authorized to the board under section 16.505 of the statutes during the 2001-03 fiscal biennium and for which funds have been appropriated.
109,9140
Section 9140.
Nonstatutory provisions; public instruction.
(2x) Home instruction program for preschool youngsters. To the extent permitted under federal law, in the 2002-03 fiscal year, the department of public instruction shall award a subgrant under
20 USC 6368 or other applicable federal programs of at least $250,000 to the home instruction program for preschool youngsters from the appropriation under section 20.255 (3) (ms) of the statutes.
(3q) Transfer of duties from the technology for educational achievement in Wisconsin board.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, shall become the assets and liabilities of the department of public instruction.
(b) Position and employee transfers. All positions authorized for the technology for educational achievement in Wisconsin board on the day before the effective date of this paragraph, except for the position of executive director, are, on the effective date of this paragraph, transferred to the department of public instruction, and the incumbent employees in those positions are transferred on the effective date of this paragraph to the department of public instruction.
(c) Employee status. Employees 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 public instruction that they enjoyed in the technology for educational achievement in Wisconsin board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has attained permanent status in class is required to serve a probationary period.
(cm) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of administration that is primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, is transferred to the department of public instruction.
(d) Contracts. 1. All contracts entered into by the technology for educational achievement in Wisconsin board in effect on the effective date of this paragraph remain in effect and are transferred to the department of public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.
2. All contracts entered into by the department of administration in effect on the effective date of this paragraph that are primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, remain in effect and are transferred to the department of
public instruction. The department of public instruction shall carry out any obligations under a transferred contract until the department of public instruction modifies or rescinds the contract.
(e) Rules and orders. All rules promulgated by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of public instruction amends or repeals them. All orders issued by the technology for educational achievement in Wisconsin board that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until the department of public instruction modifies or rescinds them.
(f) Pending matters. Any matter pending with the technology for educational achievement in Wisconsin board on the effective date of this paragraph is transferred to the department of public instruction, and all materials submitted to or actions taken by the technology for educational achievement in Wisconsin board concerning the pending matter are considered to have been submitted to or taken by the department of public instruction.
109,9141
Section 9141.
Nonstatutory provisions; public lands, board of commissioners of.
(2f) Establishment of loan program.
(a) In this subsection:
1. "Board" means the board of commissioners of public lands.
2. "Federal discretionary grant" has the meaning given by the board.
3. "Municipality" has the meaning given in section 24.60 (2) of the statutes.
4. "State discretionary grant" has the meaning given by the board.
(b) No later than 90 days after the effective date of this paragraph, the board shall establish a loan program to provide matching funds to a municipality for any state or federal discretionary grant that requires the municipality to provide matching funds as a condition of receiving the grant. The only municipalities that may participate in the loan program are municipalities eligible to receive such a loan under section 24.61 (3) of the statutes. No loan may be made under the loan program for any term exceeding 5 years and no loan may be extended for any period of time.
(c) No later than 30 days after establishing the loan program, but before implementing the loan program, the board shall submit a report to the governor, the secretary of administration, and the joint committee on finance on the proposed structure and operation of the loan program.
109,9142
Section 9142.
Nonstatutory provisions; public service commission.
(1v) Energy conservation.
(a) In this subsection:
1. "Commission" means the public service commission.
2. "Utility" has the meaning given in section 196.374 (1) (c) of the statutes.
(b) Notwithstanding the requirement under section 196.374 (3) of the statutes for a utility to make specified contributions to the commission in a fiscal year of the amounts determined by the commission under section 196.374 (2) of the statutes, the commission may allow a utility to retain, until December 31, 2004, a portion of the amounts determined by the commission under section 196.374 (2) (b), (c), and (d) of the statutes, instead of contributing the portion to the commission, if the commission determines that the portion is attributable to energy conservation programs for industrial, commercial, and agricultural customers in the utility's service area. If the commission allows a utility to retain a portion under this paragraph, the utility must contribute 1.75% of the portion to the commission for research and development for energy conservation and efficiency and must contribute 4.5% of the portion to the commission for renewable resource programs.
