c. Counseling concerning public and private benefits programs.
d. Assistance with understanding rights of children and parents within the long-term care system.
8. The administering agency shall determine functional and financial eligibility for the program by coordinating with the department of health and family services in completing all of the following:
a. A determination of functional eligibility for the children's long-term support benefit.
b. A determination of financial eligibility and of the maximum amount of cost sharing required for a family who is seeking long-term care services, under standards prescribed by the department of health and family services.
c. Assistance to a child who is eligible for a long-term support benefit and to the child's family with respect to the choice of whether or not to participate in the waiver pilot.
d. Assistance in enrolling in the program, for families who choose to enroll their children.
9. The cost of the program may not exceed the cost of existing services under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes.
10. The program shall blend the costs per child served in the areas of the sites in which services are provided under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes.
11. The department of health and family services may develop a methodology to distribute funding under the program on a per child per month basis.
12. The department of health and family services shall reinvest into the children's long-term support system any funding saved by this new methodology.
13. The department of health and family services shall equitably assign priority on any necessary waiting lists, consistent with criteria prescribed by that department, for children who are eligible for the program, but for whom resources are not available.
14. The department of health and family services shall provide transitional services to families whose children with physical or developmental disabilities are preparing to enter the adult service system.
15. The department of health and family services shall determine eligibility for program applicants for state supplemental payments under section 49.77 of the statutes, medical assistance under section 49.46 of the statutes, and the federal food stamp program under
7 USC 2011 to
2029.
(c) If the federal waivers specified under paragraph (b) are approved, the department of health and family services shall
, as soon as possible before July 1, 2002, seek enactment of statutory language, including appropriation of necessary funding, to implement the model described under paragraph (b), as approved under the federal waivers. Any new resources for supports and services for long-term care for children with disabilities and their families shall be managed under the program after approval of the federal waivers specified in paragraph (b) and enactment of necessary statutory language to implement the model under paragraph (b).
(18f) Respite facilities; rules. The department of health and family services shall submit in proposed form the rules required under section 50.85 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than October 31, 2002.
16,9124
Section 9124.
Nonstatutory provisions; higher educational aids board.
(1x) Report on loan forgiveness program. The higher educational aids board shall develop a program to forgive loans of students who graduate from the University of Wisconsin System or from the technical college system and farm for a period of 5 consecutive years. The board shall submit a report summarizing the program to the governor, and to the legislature in the manner provided under section 13.172 (2) of the statutes, by March 1, 2002.
16,9125
Section 9125.
Nonstatutory provisions; historical society.
(1mk) Transfer of historical legacy trust fund balance. The unencumbered balance of the historical legacy trust fund other than the bicentennial account moneys under section 25.72, 1999 stats., immediately before the effective date of this subsection is transferred to the appropriation account under section 20.245 (1) (g) of the statutes, as affected by this act.
16,9129
Section 9129.
Nonstatutory provisions; joint committee on finance.
(1m) Supplemental funding for shared human resources system.
(a) In this subsection:
1. "Shared human resources system" means an automated human resources information processing system that is used by state agencies, or by the department of employment relations on behalf of state agencies, for all personnel transactions involving the announcement, examination, and certification process for filling positions in the classified service of the state civil service system.
2. "State agency" has the meaning specified in section 20.001 (1) of the statutes.
(b) Notwithstanding sections 13.101 (3) and 16.515 (1) of the statutes, the joint committee on finance may not supplement the appropriation under section 20.512 (1) (k) of the statutes, as affected by this act, for any fiscal year during the 2001-03 fiscal biennium until all of the following occur:
1. The department of employment relations submits a report to the joint committee on finance that provides a detailed plan on the costs of operation of the shared human resources system, including any future development costs of the system; and specifies the manner in which the department will fund the costs of operating the shared human resources system during the 2001-03 fiscal biennium and in succeeding biennia, including any amounts that the department intends to assess individual state agencies for operating the system in the 2001-03 fiscal biennium.
2. The department of administration submits a report to the joint committee on finance that does all of the following:
a. Discusses the measures that the department of administration will take during the biennial budget process in fiscal biennia occurring after the 2001-03 fiscal biennium to ensure that the legislature is provided sufficient information to review any assessments that a state agency plans to make against other state agencies for the operation of any information processing system.
b. Specifies how state agencies are to fund any unbudgeted assessment costs imposed by the department of employment relations during the 2001-03 fiscal biennium for operating the shared human resources system.
c. Explains why the costs for operating the shared human resources system were not budgeted for state agencies during the 2001-03 fiscal biennium if it was the intention of the department of administration that the department of employment relations was to assess such costs against state agencies.
(1x) Voting system transitional assistance. Notwithstanding section 13.101 (3) (a) of the statutes, if the elections board requests a supplemental appropriation from the joint committee on finance for the purpose of providing voting system transitional assistance under section 7.08 (7) of the statutes, as created by this act,
or Section 9115 (1x) of this act, no finding of emergency is required. Notwithstanding sections 13.10 and 13.101 (3) of the statutes, if the elections board requests a supplemental appropriation under this subsection, and the cochairpersons of the joint committee on finance do not notify the elections board that a meeting of the committee has been scheduled to discuss the request within 14 working days of the date that the request is made, the request is considered to be approved by the committee.
16,9131
Section 9131.
Nonstatutory provisions; justice.
(2c) Automated fingerprint identification system grant. The department of justice may award automated fingerprint identification system grants to local law enforcement agencies in fiscal year 2001-02 from the appropriation under section 20.455 (2) (kh) of the statutes, as created by this act. Local law enforcement agencies may use funds awarded under this subsection only for the purchase of automated fingerprint identification system work stations or to cover the cost of installing Badgernet lines for work stations. Each local law enforcement agency that receives a grant under this subsection shall enter into an agreement with the department of justice regarding the duties and obligations of the agency and of the department with respect to use of automated fingerprint identification system work stations and regarding use of, and access to, the state automated fingerprint identification system and to other criminal records databases. The department of justice shall establish grant eligibility standards and procedures for administering the grant program under this subsection.
16,9132
Section 9132.
Nonstatutory provisions; legislature.
(1q) High-capacity well study. The joint legislative council shall study the issues raised by high-capacity wells in this state.
(2ak) Procurement services audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the procurement services provided by the department of administration to state agencies, which includes evaluating the accuracy of assessments imposed under section 16.71 (6) of the statutes, as created by this act. If the legislative audit bureau performs the audit, it shall file
its report as described in section 13.94 (1) (b) of the statutes by January 1, 2004.
(2x) Study of impacts of groundwater usage. The joint legislative council is requested to conduct a study of the need to modify this state's laws to address the impacts of groundwater usage. If the joint legislative council conducts the study, it shall include on the study committee members that have interests in agriculture, surface water usage, business, and relevant science, including experts from the U.S. geological survey, the Wisconsin geological and natural history survey, and the Central Wisconsin Groundwater Center at the University of Wisconsin-Stevens Point.
(2z) Audit of geographic information systems mapping services. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to perform a performance evaluation audit of the geographic information systems mapping services provided by the department of natural resources. The audit shall include an analysis of the degree to which the services offered by the department of natural resources compete with the services offered by private businesses and an analysis of whether it is most cost-effective for those services to be provided by the department of natural resources or by private businesses. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described in section 13.94 (1) (b) of the statutes.
(3v) Evaluation of credentialing fees. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to evaluate the methodologies used by the department of regulation and licensing for recalculating administrative and enforcement costs under section 440.03 (9) (a) of the statutes and recommending changes to fees for issuing and renewing credentials under section 440.03 (9) (b) of the statutes. An evaluation under this subsection shall determine whether the methodologies are adequately documented and administered in a straightforward manner, whether they represent the actual costs associated with the department's regulation of credential holders, and whether they provide sufficient revenues to support the department's operations. If the committee directs the legislative audit bureau to perform an evaluation under this subsection, the bureau shall, no later than June 30, 2002, file its report as described in section 13.94 (1) (b) of the statutes.
(3w) Audit of the estate recovery program. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the estate recovery program in the department of health and family services. The audit shall include information on the amount of moneys recovered from nursing homes, for personal care and home health services, and under the community options
program, the medical assistance program, and the community-based waiver programs, and shall specify the amount of moneys recovered by the size of estate. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes.
(3x) Wisconsin advanced telecommunications foundation funds. If the secretary of administration notifies the cochairpersons of the joint committee on finance under Section 9101 (10) (a) (intro.) of this act that the Wisconsin Advanced Telecommunications Foundation has made a grant to the state in an amount less than $13,465,100, the joint committee on finance shall determine the purposes for which the grant may be expended pursuant to section 13.101 (3) of the statutes or pursuant to section 13.101 (4) of the statutes, as affected by this act.
(3xx) Accumulated unused sick leave credit conversion study.
(a) The joint survey committee on retirement systems shall study the issue of allowing participants in the Wisconsin retirement system who have terminated covered employment and who have at least 25 years of creditable service under the Wisconsin retirement system, but who are not eligible to receive an immediate annuity under the Wisconsin retirement system at the time that they terminate covered employment, to be able to convert their accumulated unused sick leave into credits for the payment of health insurance premiums under section 40.05 (4) (b) of the statutes on the date on which the department of employee trust funds receives the participant's application for a retirement annuity or for a lump sum payment under section 40.25 (1) of the statutes. The departments of employment relations and employee trust funds shall provide any information requested by the joint survey committee on retirement systems. The joint survey committee on retirement systems shall submit the results of the study and recommendations to the department of employment relations no later than January 1, 2002.
(b) No later than 30 days after receiving the results of the study and recommendations submitted under paragraph (a), the department of employment relations shall submit proposed legislation incorporating the recommendations to the joint committee on employment relations.
(3y) Audit of state aircraft usage. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of aircraft usage by state agencies. If the legislative audit bureau performs the audit, the bureau is requested to include an evaluation of whether the current number of aircraft owned by the state is appropriate. 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 January 1, 2003.
(3z) Qualified interpreter definition study. The joint legislative council is requested to study a potential definition of "qualified interpreter", for the purpose of appointments in court proceedings and contested administrative case proceedings. If the joint legislative council conducts the study, it shall report its findings and conclusions to the legislature in the manner provided under section 13.172 (2) of the statutes.
(4b) Jury selection study and report. The joint legislative council is requested to study how juries are selected, including what actions are needed to increase the participation of racial and ethnic minorities on juries so that juries reflect the racial and ethnic composition of the areas from which the juries were selected. If the joint legislative council conducts the study, it shall report its findings and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes.
(4m) Evaluation and report to legislature. By October 1, 2004, the legislative audit bureau shall evaluate, on a quantitative and qualitative basis, the success of restorative justice programming in Milwaukee county and the county selected under section 978.044 (4) of the statutes, as created by this act, in serving victims, offenders, and communities affected by crime and shall report its findings to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under section 13.172 (3) of the statutes.
(4z) Study on new economy. The joint legislative council is requested to conduct a study on how the state government, the state's research universities, and the state's business community can foster economic development in this state by assisting and developing businesses and industries that are based on science and technology. If the joint legislative council conducts the study, the joint legislative council shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes by January 1, 2002, and shall include in its report recommendations relating to all of the following:
(a) Ways to increase the number and percentage of jobs in this state in businesses and industries that are based on science and technology.
(b) Ways to increase the average earnings of employees employed in this state in businesses and industries that are based on science and technology.
(c) Ways to increase the amount of venture capital invested in this state and the amount spent on research and development in this state.
(d) Ways to increase the number of homes in this state that have computers and access to the Internet.
(e) A strategy to bring the best and brightest researchers to this state.
(5q) Audit of the division of international and export development. The joint legislative audit com
mittee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the division of international and export development in the department of commerce. The audit shall examine the general operations of the division. If the committee directs the legislative audit bureau to perform the audit under this subsection, the bureau shall file its report as described in section 13.94 (1) (b) of the statutes by January 1, 2003.
16,9137
Section 9137.
Nonstatutory provisions; natural resources.
(1) Dry cleaner environmental response program deductible. The department of natural resources shall identify any award made under section 292.65 of the statutes using the deductible under section 292.65 (8) (e) 3., 1999 stats., and recalculate the award using the deductible under section 292.65 (8) (e) of the statutes, as affected by this act. Before July 1, 2002, the department shall pay to the recipient the difference between the amount of the original award and the amount as recalculated under this subsection.
(1k) Recycling efficiency incentive grants. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill, the department of natural resources shall submit information concerning the appropriation under section 20.370 (6) (bv) of the statutes, as created by this act, as though the amount appropriated to the department under that appropriation for fiscal year 2002-03 were $7,600,000.
(1kL) Emergency rules for recycling pilot program. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate as emergency rules the rules required under section 287.11 (4) (a) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until December 31, 2005. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(1km) Recycling position authorization. The authorized FTE positions for the department of natural resources are increased by 1.0 SEG position to be funded from the appropriation under section 20.370 (2) (hq) of the statutes, for recycling program administration.
(1x) Applicability of high-capacity well requirements. The treatment of section 281.17 (1) (c) of the statutes applies to an approval issued by the department of natural resources under section 281.17 of the statutes on or after September 1, 2000. The department of natural resources shall modify an approval issued by
the department of natural resources under section 281.17 of the statutes on or after September 1, 2000, in order to incorporate into the approval the condition required under section 281.17 (1) (c) 1. of the statutes, as created by this act.
(2) Fox River Navigational System Authority; initial terms. Notwithstanding the length of terms of the members of the board of directors of the authority specified in section 237.02 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for the following terms:
(a) Three members for a term that expires on July 1, 2004.
(b) Three members for a term that expires on July 1, 2005.
(2g) Nonpoint source positions. The authorized FTE positions for the department of natural resources are increased by 5.5 SEG positions, funded by the appropriation under section 20.370 (3) (mt) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.
(2h) Nonpoint source administration. The authorized FTE positions for the department of natural resources are increased by 8.0 SEG positions, funded by the appropriation under section 20.370 (4) (mr) of the statutes, to reflect the transfer of funding for nonpoint source water pollution control to the environmental fund.
(2t) Computer accessible water resource management information.
(a) During the 2001-03 fiscal biennium, the department of natural resources may submit to the joint committee on finance a proposal concerning the continued development of a system to provide computer accessible water resource management information.
(b) If the cochairpersons of the committee do not notify the department within 14 working days after the date of any submittal under paragraph (a) that the committee has scheduled a meeting for the purpose of reviewing the proposal, the appropriation under section 20.370 (4) (aq) of the statutes, as affected by this act, is supplemented by $100,000 for fiscal year 2002-03, from the appropriation account under section 20.865 (4) (u) of the statutes, and the appropriation under section 20.370 (4) (ax) of the statutes, as created by this act, is supplemented by $100,000 for fiscal year 2002-03, from the appropriation account under section 20.865 (4) (u) of the statutes, for the purpose of implementing the proposal. If, within 14 working days after the date of the submittal under paragraph (a), the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposal and if the committee approves the proposal, the committee may, from the appropriation under section 20.865 (4) (u) of the statutes, supplement the appropriation under section 20.370 (4) (aq) of the statutes, as affected by this act, by an amount not to exceed $100,000 for fiscal year 2002-03 and may supplement the appropriation under section 20.370 (4) (ax) of the statutes, as created by this act, by an amount not to exceed $100,000 for fiscal year 2002-03 for the purpose of implementing the proposal. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.
(4p) Sparta overpass. During the 2001-03 fiscal biennium, the department of natural resources shall provide $124,000 from the appropriation under section 20.370 (5) (cz) of the statutes, as created by this act, to the city of Sparta in Monroe County for construction of the snowmobile-bicycle-pedestrian overpass over I 90 specified in Section 9152 (4k) of this act.
(4x) Recreational fishing pier. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $80,000 in fiscal year 2001-02 to the village of Whiting in Portage County for the construction of a recreational fishing pier on the Plover River that is accessible to persons with disabilities.
(4y) Report on administrative funding.
(a) The department of natural resources shall prepare a report that does all of the following:
1. Explains the department's rationale for the manner in which the department distributes the obligation to pay for the department's administrative costs among the department's programs and revenue sources.
2. Presents arguments to support the position that the distribution specified in subdivision 1. is equitable in spite of the fact that some of the revenues collected by the department from approval, user, registration, and similar fees are not expended for programs that relate to the purposes for which the fees were paid.
3. Presents alternatives to the distribution specified in subdivision 1. that the department believes may result in a more equitable distribution.
(b) The department of natural resources shall submit the report prepared under paragraph (a) to the joint committee on finance no later than March 1, 2002.
(4z) Report on concessions in state parks. The department of natural resources shall undertake an analysis of the operation and profitability of concession operations in the state parks as those operations exist on the effective date of this subsection and shall investigate the option of providing these concession operations by contracting with the private sector. The department shall prepare a report consisting of the results of the department's analysis and investigation and shall submit the report to the governor and to the joint committee on finance no later than October 1, 2002.
(5e) Wausau Whitewater Course. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $50,000 in fiscal year 2001-02 to an organization that is known as the Wausau Kayak/Ca
noe Corporation to upgrade that part of the Wisconsin River in the city of Wausau that is known as the Wausau Whitewater Course.
(5mk) Great Lakes Forestry Museum.
(a) In fiscal year 2001-02, from the appropriation under section 20.370 (5) (aw) of the statutes, as affected by this act, the department of natural resources shall award a grant in an amount not to exceed $150,000 to an organization known as the Great Lakes Forestry Museum to develop a facility in the city of Rice Lake for educating the public about the history of forestry and logging in this state. In fiscal year 2002-03, from the appropriation under section 20.375 (2) (rq) of the statutes, as created by this act, the department of forestry shall award a grant in an amount not to exceed $150,000 to the same organization for the same purpose. The amount of the funding shall be equal to the amount of contributions towards the facility from funding sources other than this state.
(b) Within 6 months after spending the full amount of the grants under paragraph (a), the organization shall submit to the department of natural resources and the department of forestry a report detailing how the grant proceeds were used.
(5vv) Urban forestry grant for Winnebago County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, and notwithstanding the limitation under section 23.097 (1) of the statutes that urban forestry grants be awarded to cities and villages, the department of natural resources shall provide $37,500 in fiscal year 2001-02 to Winnebago County to provide funding to Winnebago County under section 23.097 of the statutes, as affected by this act.
(5vw) Urban forestry grant for Outagamie County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, and notwithstanding the limitation under section 23.097 (1) of the statutes that urban forestry grants be awarded to cities and villages, the department of natural resources shall provide $37,500 in fiscal year 2001-02 to Outagamie County to provide funding to Outagamie County under section 23.097 of the statutes, as affected by this act.
(5vx) Urban forestry grant for Burnett County. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, and notwithstanding the limitation under section 23.097 (1) of the statutes that urban forestry grants be awarded to cities and villages, the department of natural resources shall provide $25,000 in fiscal year 2001-02 to Burnett County to provide funding to Burnett County under section 23.097 of the statutes, as affected by this act.
(5vy) Urban forestry grant for Waupaca. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $15,000 in fiscal year 2001-02 and from the appropriation under section 20.375 (2) (w) of the statutes, as affected by this act, the department of forestry shall provide $15,000 in fiscal year 2002-03 to the city of Waupaca for a tree planting demonstration project.
(5x) Urban forestry grant for Milwaukee. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $150,000 in fiscal year 2001-02 and from the appropriation under section 20.375 (2) (w) of the statutes, as affected by this act, the department of forestry shall provide $150,000 in fiscal year 2002-03 to the city of Milwaukee for a tree planting demonstration project.
(5y) Urban forestry grant for Racine. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $15,000 in fiscal year 2001-02 and from the appropriation under section 20.375 (2) (w) of the statutes, as affected by this act, the department of forestry shall provide $15,000 in fiscal year 2002-03 to the city of Racine for a tree planting demonstration project.
