Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,406,11 (b) The department of administration shall compile an inventory of surplus property that has the potential to be sold or leased by the state no later than March 15, 2003.

AB1-ASA1-CA1,406,25 (c) No later than October 1, 2003, the department of administration shall submit to the cochairpersons of the joint committee on finance a report containing a list of surplus property that the department recommends be offered for sale or lease. In the report, the department shall specify, for each property listed, whether a sale or lease is recommended. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or lease of a particular surplus property that is included in the report, the department shall direct the building commission to proceed with the sale or lease. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or lease of a particular surplus property, the department and the building commission shall not proceed with the proposed sale or lease unless the sale or lease is approved by the committee.".

AB1-ASA1-CA1,407,1 476. Page 352, line 18: after that line insert:

AB1-ASA1-CA1,407,2 "(4xv) Transfer of consumer protection functions.

AB1-ASA1-CA1,407,13 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to programs or functions transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB1-ASA1-CA1,407,21 (b) Employee transfers. In the department of agriculture, trade and consumer protection 21.0 FTE positions that are primarily related to programs or functions that are transferred to the department of justice under this act, and the incumbents holding these positions are transferred to the department of justice. The secretary of administration shall determine which incumbents will be transferred. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB1-ASA1-CA1,408,3 (c) Employee status. Employees transferred under paragraph (b) have all the rights and same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1-ASA1-CA1,408,15 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to programs or functions that are transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB1-ASA1-CA1,408,21 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a program or function that is transferred to the department of justice under this act is transferred to the department of justice. All materials submitted or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

AB1-ASA1-CA1,409,11 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to programs or functions transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

AB1-ASA1-CA1,409,21 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions that are transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

AB1-ASA1-CA1,409,24 (h) Decrease in positions. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (8) (jm), 1999 stats., are decreased by 5.5 PR positions.".

AB1-ASA1-CA1,410,1 477. Page 352, line 19: after that line insert:

AB1-ASA1-CA1,410,5 "(1c) Milwaukee Art Museum. The arts board shall spend the amount in the appropriation account under section 20.215 (1) (cm) of the statutes, as created by this act, for the Leonardo da Vinci and the Splendor of Poland art exhibitions at the Milwaukee Art Museum.".

AB1-ASA1-CA1,410,6 478. Page 353, line 12: after that line insert:

AB1-ASA1-CA1,410,14 "(1b) Sale or lease of state surplus property. Notwithstanding section 13.48 (14) (am) of the statutes, the building commission shall offer for sale or lease the surplus property authorized under Section 9107 (9b) of this act in accordance with section 13.48 (14) (b) of the statutes. Notwithstanding section 13.48 (14) (c) of the statutes, the commission shall deposit any net proceeds from sales or leases of those properties, after depositing any amount required to be deposited into the bond security and redemption fund, into the budget stabilization fund. Section 13.48 (14) (d) of the statutes does not apply to that property.".

AB1-ASA1-CA1,410,15 479. Page 353, line 15: after that line insert:

AB1-ASA1-CA1,410,16 "(1z) Relative placement permanency plans.

AB1-ASA1-CA1,411,4 (a) Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the statutes, under the supervision of an agency under section 48.64 (2) of the statutes, under a consent decree under section 48.32 or 938.32 of the statutes, or under an order under section 48.355 or 938.355 of the statutes on the day before the effective date of this paragraph, the agency assigned primary responsibility for providing services to those children or juveniles shall file a permanency plan with that court with respect to not less than 33% of those children or juveniles by September 1, 2002, with respect to not less than 67% of those children or juveniles by November 1, 2002, and with respect to all of those children or juveniles by January 1, 2003, giving priority to those children or juveniles who have been living in the home of a relative for the longest period of time.

AB1-ASA1-CA1,411,12 (b) The agency shall request the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, as affected by this act, to make a finding under section 48.363 or 938.363 of the statutes that reasonable efforts have been made to prevent the removal of the child or juvenile from the home or that those efforts are not required to be made because a circumstance specified in section 48.355 (2d) (b) 1. to 5. of the statutes, as affected by this act, or section 938.355 (2d) (b) 1. to 4. of the statutes, as affected by this act, applies, not more than 60 days after the date on which the permanency plan is filed.

AB1-ASA1-CA1,411,19 (c) Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act, section 48.38 (5m) of the statutes, as created by this act, section 938.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5m) of the statutes, as created by this act, a permanency plan filed under this subsection shall be reviewed within 6 months after the date on which the permanency plan is filed and a permanency plan hearing shall be had to review a permanency plan filed under this subsection within 12 months after the date on which the permanency plan is filed.".

AB1-ASA1-CA1,411,20 480. Page 353, line 16: after that line insert:

AB1-ASA1-CA1,412,3 "(1v) Proposal for rural finance authority. The department of commerce shall work with the department of administration, the department of agriculture, trade and consumer protection, and the Wisconsin Housing and Economic Development Authority to develop a proposal, to be included in the department of commerce's budget request that is submitted to the department of administration, for the 2003-05 biennium for the creation of a rural finance authority. In developing the proposal, the departments and the authority shall do all of the following:

AB1-ASA1-CA1,412,5 (a) Consider proposing that the rural finance authority be created to offer low-interest loans to agricultural producers in this state.

AB1-ASA1-CA1,412,11 (b) Include a governing board to head the authority and consider the feasibility of an 11-member board consisting of 3 agricultural producers; 3 commercial bankers; 2 other members appointed by the governor; the secretary of commerce and the secretary of agriculture, trade and consumer protection or their designees; and the executive director of the Wisconsin Housing and Economic Development Authority or his or her designee.

AB1-ASA1-CA1,412,17 (c) Consider including programs such as farm purchase assistance loans, including seller assisted loans; beginning farmer loans for the purchase of animals, machinery, and real estate; an agricultural improvement program to finance physical improvements of farm operations; a livestock modernization program; and a program to finance purchases by agricultural producers of stock in cooperatives that engage in agricultural processing.

AB1-ASA1-CA1,412,20 (d) Consider transferring agricultural programs administered by the Wisconsin Housing and Economic Development Authority to the rural finance authority.".

AB1-ASA1-CA1,412,21 481. Page 353, line 16: after that line insert:

AB1-ASA1-CA1,413,10 "(1c) Grant to Forward Wisconsin, Inc., for study and proposal on brand image. From the appropriation under section 20.143 (1) (bp) of the statutes, as created by this act, the department of commerce shall provide a grant of $50,000 in fiscal year 2002-03 to Forward Wisconsin, Inc., to contract for a study and the creation of a proposal for a national brand image for the state related to technology and biotechnology. The department of commerce shall enter into an agreement with Forward Wisconsin, Inc., that specifies the uses for the grant proceeds under this subsection and reporting and auditing requirements. No later than December 31, 2003, the department of commerce shall submit to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes a report that includes the results of the study and the conclusions and recommendations of Forward Wisconsin, Inc., with respect to a proposal for a national brand image for the state.".

AB1-ASA1-CA1,413,11 482. Page 353, line 16: after that line insert:

AB1-ASA1-CA1,413,16 "(1z) Division of international and export services. The authorized FTE positions for the department of commerce are increased by 2.5 PR positions on July 1, 2002, or on the day after publication, whichever is later, to be funded from the appropriation under section 20.143 (1) (g) of the statutes, for the division of international and export services.".

AB1-ASA1-CA1,413,17 483. Page 355, line 15: after that line insert:

AB1-ASA1-CA1,413,23 "(1v) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes before the effective date of this subsection, the department of employee trust funds may fill 3.5 FTE GPR positions that are vacant on the effective date of this subsection, that are authorized to the department under section 16.505 of the statutes, and that are funded from the appropriation under section 20.512 (2) (a) of the statutes.".

AB1-ASA1-CA1,413,24 484. Page 356, line 1: delete lines 1 to 4.

AB1-ASA1-CA1,414,1 485. Page 356, line 4: after that line insert:

AB1-ASA1-CA1,414,2 "(1z) Rural health dental clinics.

AB1-ASA1-CA1,414,8 (a) Notwithstanding the amounts specified for expenditure in state fiscal year 2001-02 under section 146.65 (1) (a) and (b) of the statutes, the department of health and family services shall, in state fiscal year 2002-03, distribute moneys under section 146.65 (1) (a) of the statutes that were unexpended under that paragraph on July 1, 2002, and distribute moneys under section 146.65 (1) (b) of the statutes that were unexpended under that paragraph on July 1, 2002.

AB1-ASA1-CA1,414,14 (b) Notwithstanding section 16.42 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 health and family services shall submit information concerning the appropriation under section 20.435 (5) (dm) of the statutes as though the increase in the dollar amount of that appropriation by Section 9329 (18z) of this act had not been made.".

AB1-ASA1-CA1,414,15 486. Page 356, line 4: after that line insert:

AB1-ASA1-CA1,415,8 "(1x) Underage tobacco enforcement. The department of health and family services shall identify $3,012,200 in appropriated moneys in the appropriation accounts of that department, other than sum sufficient appropriation accounts, to fund activities conducted under section 254.916 of the statutes to achieve compliance with the requirements under 42 USC 300x-26 (a) and (b) that the state enact and enforce a law prohibiting the sale or distribution of tobacco products to persons under 18 years of age and with the certification required under P.L. 107-116, section 214, that the state commit additional state funds to enforce that law. In identifying appropriated moneys to fund activities conducted under section 254.916 of the statutes as described in this subsection, the department may not identify any appropriated moneys to fund those activities if funding those activities would change legislative intent with respect to the program funded by those appropriated moneys. By September 30, 2002, the department shall submit a plan to the joint committee on finance for funding the activities described in this subsection and a report on the status of the negotiations that the department is conducting with the federal department of health and human services relating to the certification required under P. L. 107-116, section 214.".

AB1-ASA1-CA1,415,9 487. Page 357, line 24: after that line insert:

AB1-ASA1-CA1,415,10 "(2v) Disease management.

AB1-ASA1-CA1,415,12 (a) In this subsection, "disease management" has the meaning given in section 49.45 (50) (a) of the statutes, as created by this act.

AB1-ASA1-CA1,415,16 (b) By January 1, 2003, the department of health and family services shall invite proposals, under the department's request-for-proposals procedures, from entities to engage in activities of disease management on behalf of recipients of medical assistance.".

AB1-ASA1-CA1,415,17 488. Page 357, line 24: after that line insert:

AB1-ASA1-CA1,415,18 "(2zw) Exceptions to compulsory vaccination; rules.

AB1-ASA1-CA1,415,22 (a) The department of health and family services shall submit in proposed form the rules required under section 252.041 (2) 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 6th month beginning after the effective date of this subsection.

AB1-ASA1-CA1,416,8 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.041 (2) 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), (2) (b), and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB1-ASA1-CA1,416,10 (2zx) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.

AB1-ASA1-CA1,416,14 (a) The department of health and family services shall submit in proposed form the rules required under section 252.02 (7) 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 6th month beginning after the effective date of this subsection.

AB1-ASA1-CA1,416,24 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.02 (7) 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), (2) (b) and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.".

AB1-ASA1-CA1,417,1 489. Page 357, line 24: after that line insert:

AB1-ASA1-CA1,417,6 "(2w) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 9. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.".

AB1-ASA1-CA1,417,7 490. Page 358, line 15: after that line insert:

AB1-ASA1-CA1,417,8 "(4r) Prohibiting recovery of pharmacy overpayments.

AB1-ASA1-CA1,417,10 (a) The department of health and family services may not recover any part of a payment to which all of the following apply:

AB1-ASA1-CA1,417,13 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.

AB1-ASA1-CA1,417,15 2. In December 2001, the department issued a notice of intent to recover all or part of the payment.

AB1-ASA1-CA1,417,20 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.

AB1-ASA1-CA1,417,24 (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.".

AB1-ASA1-CA1,418,1 491. Page 358, line 15: after that line insert:

AB1-ASA1-CA1,418,2 "(3xz) State centers task force.

AB1-ASA1-CA1,418,10 (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:

AB1-ASA1-CA1,418,13 1. Specify the future role of the state and the state centers for the developmentally disabled in providing services for persons with developmental disabilities.

AB1-ASA1-CA1,418,16 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.

AB1-ASA1-CA1,418,20 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.

AB1-ASA1-CA1,418,22 4. Ensure the provision of quality community-based services for persons who are able to be relocated from the state centers.

AB1-ASA1-CA1,419,3 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.

AB1-ASA1-CA1,419,6 (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:

AB1-ASA1-CA1,419,7 1. The department of health and family services.

AB1-ASA1-CA1,419,8 2. The department of veterans affairs.

AB1-ASA1-CA1,419,9 3. The department of corrections.

AB1-ASA1-CA1,419,10 4. The governor's office.

AB1-ASA1-CA1,419,12 5. The American Federation of State, County and Municipal Employees union, the Service Employees International union, District 1199, and other labor unions.

AB1-ASA1-CA1,419,14 6. Parents or guardians of current residents of the state centers for the developmentally disabled.

AB1-ASA1-CA1,419,16 7. Former and current residents of the state centers for the developmentally disabled.

AB1-ASA1-CA1,419,17 8. Advocates for persons with developmental disabilities.

AB1-ASA1-CA1,419,19 9. A member of the board of an intermediate care facility for the mentally retarded.

AB1-ASA1-CA1,419,21 10. Organizations that provide services to persons with developmental disabilities in the community.

AB1-ASA1-CA1,419,23 11. County departments that provide services to persons with developmental disabilities.".

AB1-ASA1-CA1,419,24 492. Page 358, line 15: after that line insert:

AB1-ASA1-CA1,420,1 "(4g) Fees for patient health care records; rules.

AB1-ASA1-CA1,420,5 (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.

AB1-ASA1-CA1,420,9 (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.".

AB1-ASA1-CA1,420,10 493. Page 358, line 18: after that line insert:

AB1-ASA1-CA1,420,13 "(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.".

AB1-ASA1-CA1,420,14 494. Page 358, line 21: after that line insert:

AB1-ASA1-CA1,420,19 "(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.".

AB1-ASA1-CA1,420,20 495. Page 358, line 25: after that line insert: