AB1-ASA1-CA1,416,823
(b) Using the procedure under section 227.24 of the statutes, the department
24of health and family services may promulgate rules required under section 252.041
1(2) of the statutes, as created by this act, for the period before the effective date of the
2rules submitted under paragraph (a), but not to exceed the period authorized under
3section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a),
4(2) (b), and (3) of the statutes, the department of health and family services is not
5required to provide evidence that promulgating a rule under this paragraph as an
6emergency rule is necessary for the preservation of the public peace, health, safety,
7or welfare and is not required to provide a finding of emergency for a rule
8promulgated under this paragraph.
AB1-ASA1-CA1,416,10
9(2zx)
Medical conditions for which pharmaceutical drugs are dispensed or
10sold; rules.
AB1-ASA1-CA1,416,1411
(a) The department of health and family services shall submit in proposed form
12the rules required under section 252.02 (7) of the statutes, as created by this act, to
13the legislative council staff under section 227.15 (1) of the statutes no later than the
14first day of the 6th month beginning after the effective date of this subsection.
AB1-ASA1-CA1,416,2415
(b) Using the procedure under section 227.24 of the statutes, the department
16of health and family services may promulgate rules required under section 252.02
17(7) of the statutes, as created by this act, for the period before the effective date of the
18rules submitted under paragraph (a), but not to exceed the period authorized under
19section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a),
20(2) (b) and (3) of the statutes, the department of health and family services is not
21required to provide evidence that promulgating a rule under this paragraph as an
22emergency rule is necessary for the preservation of the public peace, health, safety,
23or welfare and is not required to provide a finding of emergency for a rule
24promulgated under this paragraph.".
AB1-ASA1-CA1,417,6
2"
(2w) Medical assistance provider fraud and abuse; rules. The department
3of health and family services shall submit in proposed form the rules required under
4section 49.45 (2) (a) 9. of the statutes, as affected by this act, to the legislative council
5staff under section 227.15 (1) of the statutes no later than the first day of the 7th
6month beginning after the effective date of this subsection.".
AB1-ASA1-CA1,417,8
8"
(4r) Prohibiting recovery of pharmacy overpayments.
AB1-ASA1-CA1,417,10
9(a) The department of health and family services may not recover any part of
10a payment to which all of the following apply:
AB1-ASA1-CA1,417,13
111. The payment was made by the department between July 1, 1998, and
12January 29, 2001, for a prescription drug under the health insurance risk-sharing
13plan under chapter 149 of the statutes.
AB1-ASA1-CA1,417,15
142. In December 2001, the department issued a notice of intent to recover all or
15part of the payment.
AB1-ASA1-CA1,417,20
163. The intended recovery of all or part of the payment is based on a
17determination by the department that the amount paid was incorrect due to the
18transition of the administration of the health insurance risk-sharing plan under
19chapter 149 of the statutes from the office of the commissioner of insurance to the
20department.
AB1-ASA1-CA1,417,24
21(b) The department of health and family services shall return to any person,
22as defined in section 990.01 (26) of the statutes, any amount that is prohibited from
23recovery under this subsection that was recovered by the department before the
24effective date of this paragraph.".
AB1-ASA1-CA1,418,2
2"(3xz)
State centers task force.
AB1-ASA1-CA1,418,10
3(a) The department of health and family services shall create a task force that
4shall develop a plan for the state centers for the developmentally disabled. The plan,
5which shall be completed by the first day of the 7th month beginning after the
6effective date of this paragraph, shall include any recommended statutory language
7changes needed to implement the plan. The department shall submit this
8recommended statutory language to the department of administration as part of the
9department of health and family services' 2003-05 biennial budget request and to
10the legislature. The plan shall do the following:
AB1-ASA1-CA1,418,13
111. Specify the future role of the state and the state centers for the
12developmentally disabled in providing services for persons with developmental
13disabilities.
AB1-ASA1-CA1,418,16
142. Attempt to maximize the potential for independent living in the most
15appropriate setting and ensure quality care and services for each person residing in
16the state centers for the developmentally disabled, according to the person's wishes.
AB1-ASA1-CA1,418,20
173. If the task force recommends closing a state center for the developmentally
18disabled, define and recommend changes in the role of one or more of the state centers
19for the developmentally disabled, including functioning other than as a state center
20for the developmentally disabled.
AB1-ASA1-CA1,418,22
214. Ensure the provision of quality community-based services for persons who
22are able to be relocated from the state centers.
AB1-ASA1-CA1,419,3
15. Provide for transitional employment opportunities and services for existing
2staff of the state centers for the developmentally disabled, in the event that one or
3more of the state centers close or are assigned new functions.
AB1-ASA1-CA1,419,6
4(b) The department of health and family services shall appoint the membership
5of the task force described in paragraph (a). The task force shall include
6representatives of all of the following:
AB1-ASA1-CA1,419,7
71. The department of health and family services.
AB1-ASA1-CA1,419,8
82. The department of veterans affairs.
AB1-ASA1-CA1,419,9
93. The department of corrections.
AB1-ASA1-CA1,419,10
104. The governor's office.
AB1-ASA1-CA1,419,12
115. The American Federation of State, County and Municipal Employees union,
12the Service Employees International union, District 1199, and other labor unions.
AB1-ASA1-CA1,419,14
136. Parents or guardians of current residents of the state centers for the
14developmentally disabled.
AB1-ASA1-CA1,419,16
157. Former and current residents of the state centers for the developmentally
16disabled.
AB1-ASA1-CA1,419,17
178. Advocates for persons with developmental disabilities.
AB1-ASA1-CA1,419,19
189. A member of the board of an intermediate care facility for the mentally
19retarded.
AB1-ASA1-CA1,419,21
2010. Organizations that provide services to persons with developmental
21disabilities in the community.
AB1-ASA1-CA1,419,23
2211. County departments that provide services to persons with developmental
23disabilities.".
AB1-ASA1-CA1,420,1
1"(4g)
Fees for patient health care records; rules.
AB1-ASA1-CA1,420,52
(a) The department of health and family services shall submit in proposed form
3the rules required under section 146.83 (3m) of the statutes, as created by this act,
4to the legislative council staff under section 227.15 (1) of the statutes no later than
5the first day of the 10th month beginning after the effective date of this subsection.
AB1-ASA1-CA1,420,9
6(b) To develop the rules under paragraph (a), the secretary of health and family
7services shall establish an advisory committee composed of members who represent
8a balance of persons who maintain patient health care records and persons who
9request patient health care records.".
AB1-ASA1-CA1,420,13
11"
(1d) Historical society. The historical society shall allocate $100,000 in fiscal
12year 2001-02 and $100,000 in fiscal year 2002-03 for the office of local history and
13the historical society library.".
AB1-ASA1-CA1,420,19
15"
(1x) Uniform employee application form rules. The commissioner of
16insurance shall submit in proposed form the rules required under section 601.41 (8)
17(b) of the statutes, as created by this act, to the legislative council staff under section
18227.15 (1) of the statutes no later than the first day of the 5th month beginning after
19the effective date of this subsection.".
AB1-ASA1-CA1,421,7
21"
(2x) Automated fingerprint identification system work station for city of
22Racine. From the appropriation under section 20.455 (2) (cr) of the statutes, as
23created by this act, the department of justice shall award $63,200 to the city of Racine
24police department in fiscal year 2002-03 for the purchase of an automated
1fingerprint identification system work station and for the installation of a Badgernet
2line for the work station. The city of Racine police department and the department
3of justice shall enter into an agreement regarding the duties and obligations of the
4police department and the department of justice with respect to the use of the
5automated fingerprint identification system work station and regarding the use of,
6and access to, the state automated fingerprint identification system and to other
7criminal record databases.".
AB1-ASA1-CA1,421,11
9"
(2xz) I
ncrease in positions. The authorized FTE positions for the department
10of justice, funded from the appropriation under section 20.455 (1) (j) of the statutes,
11as created by this act, are increased by 5.5 PR positions.".
AB1-ASA1-CA1,421,14
13"
(1c) Program evaluation and management audit of department of
14administration.
AB1-ASA1-CA1,421,20
15(a) The joint legislative audit committee is requested to direct the legislative
16audit bureau to conduct a program evaluation and management audit of the
17department of administration to determine whether state government could
18function effectively without the department. If the audit is undertaken, the bureau
19is requested to include each of the following elements to the extent they are
20considered appropriate by the bureau:
AB1-ASA1-CA1,421,23
211. A comparison of the functions and responsibilities of the department at the
22time that it was created and the current functions and responsibilities of the
23department.
AB1-ASA1-CA1,422,4
12. A review of whether any administrative functions have been removed from
2the department since the time that it was created and whether the administrative
3functions that the department retains are significant enough to justify a separate
4department.
AB1-ASA1-CA1,422,8
53. A comparison of the department's central administrative functions,
6efficiencies, and related budgetary impacts with the central administrative
7functions, efficiencies, and budgetary impacts associated with similar agencies in
8other states.
AB1-ASA1-CA1,422,12
94. A comparison of the budgeted and per capita costs of the department at the
10time of its creation with the current budgeted and per capita costs of the department,
11together with the costs of any other agencies or subunits thereof to which original
12functions or responsibilities of the department have been transferred.
AB1-ASA1-CA1,422,15
135. A review of the policy-making responsibilities that have been assigned to the
14department, including an assessment of whether such responsibilities could be more
15effectively administered by other state agencies.
AB1-ASA1-CA1,422,18
166. An assessment of whether any functions or responsibilities of the
17department duplicate those of other state agencies and could therefore be reduced
18or eliminated.
AB1-ASA1-CA1,422,20
197. A review of whether the efficiencies and cost savings intended by the
20legislature and governor when the department was created have been realized.
AB1-ASA1-CA1,422,24
218. An assessment of whether there are any impediments to decentralizing those
22responsibilities and functions that are currently assigned to the department by
23assigning these functions and responsibilities to the office of the governor or to other
24state agencies.
AB1-ASA1-CA1,423,4
19. A review of the costs charged by the department to other state agencies or
2to local governments and an assessment of whether the responsibilities and
3functions funded by these charges could be effectively undertaken by this state if the
4department did not exist.
AB1-ASA1-CA1,423,8
5(b) If the bureau undertakes the audit, the bureau is requested to submit a
6report of its findings and recommendations to the distributees specified in section
713.94 (1) (b) of the statutes no later than the first day of the 9th month beginning after
8the effective date of this paragraph.".
AB1-ASA1-CA1,423,16
10"
(3q) Study of certain election administration services. The joint legislative
11council is requested to conduct a study of election administration services performed
12by municipalities and counties and prepare recommendations for the consolidation
13of those services. If the joint legislative council conducts the study and prepares the
14recommendations, it shall report its findings, conclusions, and recommendations, in
15the manner provided under section 13.172 (2) of the statutes, to the 2003 legislature
16when that legislature convenes.".
AB1-ASA1-CA1,424,3
21"(1v)
Council on forestry. Notwithstanding the length of term specified in
22section 15.347 (19) (c) of the statutes, as created in this act, of the members first
23appointed to the council on forestry under section 15.347 (19) (a) 6. to 19. of the
24statutes, as created by this act, the governor shall designate 4 members to serve for
1terms expiring on July 1, 2005, 3 members to serve for terms expiring on July 1, 2006,
24 members to serve for terms expiring on July 1, 2007, and 3 members to serve for
3terms expiring on July 1, 2008.".
AB1-ASA1-CA1,424,10
5"(2fxq)
Invasive species council staggered terms. Notwithstanding the length
6of term specified in section 15.347 (18) (b) 7. of the statutes, as created in this act, of
7the members first appointed to the invasive species council under section 15.347 (18)
8(b) 7. of the statutes, as created by this act, the governor shall designate 2 members
9to serve for terms expiring on July 1, 2007, 2 members to serve for terms expiring on
10July 1, 2008, and 3 members to serve for terms expiring on July 1, 2009.".
AB1-ASA1-CA1,424,12
12"
(2x) Recreational boating aids, Fish, Mud, and Crystal lakes.
AB1-ASA1-CA1,424,24
13(a) From the appropriation under section 20.370 (5) (cq) of the statutes, and
14before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the
15department of natural resources in fiscal year 2002-03 shall provide financial aid to
16Dane County for water-quality and lake-level improvements for Fish Lake and Mud
17Lake located in Dane County and for Crystal Lake located in both Dane County and
18Columbia County. The amount provided to Dane County under this paragraph shall
19equal the total amount contributed by local entities for the improvements or
20$200,000, whichever is less. Notwithstanding section 30.92 (4) (b) 7. of the statutes,
21the improvements specified under this paragraph qualify as a recreational boating
22project for the purpose of providing moneys under this paragraph. This
23improvement project need not be placed on the priority list under section 30.92 (3)
24(a) of the statutes.
AB1-ASA1-CA1,425,7
1(b) Contributions by local entities under paragraph (a) may be made by Dane
2County, Columbia County, the town of Roxbury in Dane County, the town of West
3Point in Columbia County, any public inland lake protection and rehabilitation
4district organized for Fish, Mud, and Crystal lakes, any other local governmental
5unit, as defined in section 66.0131 (1) (a) of the statutes, that seeks contributions for
6the improvements specified under paragraph (a), and any other organization that
7seeks such contributions.".
AB1-ASA1-CA1,425,16
12"
(2x) Home instruction program for preschool youngsters. To the extent
13permitted under federal law, in the 2002-03 fiscal year, the department of public
14instruction shall award a subgrant under
20 USC 6368 or other applicable federal
15programs of at least $250,000 to the home instruction program for preschool
16youngsters from the appropriation under section 20.255 (3) (ms) of the statutes.".
AB1-ASA1-CA1,425,19
18"
(3q) Transfer of duties from the technology for educational achievement
19in Wisconsin board.
AB1-ASA1-CA1,425,24
20(a) Assets and liabilities. On the effective date of this paragraph, the assets and
21liabilities of the department of administration primarily related to the functions of
22the technology for educational achievement in Wisconsin board, as determined by
23the secretary of administration, shall become the assets and liabilities of the
24department of public instruction.
AB1-ASA1-CA1,426,6
1(b) Position and employee transfers. All positions authorized for the technology
2for educational achievement in Wisconsin board on the day before the effective date
3of this paragraph, except for the position of executive director, are, on the effective
4date of this paragraph, transferred to the department of public instruction, and the
5incumbent employees in those positions are transferred on the effective date of this
6paragraph to the department of public instruction.
AB1-ASA1-CA1,426,12
7(c) Employee status. Employees transferred under paragraph (b) have all the
8rights and the same status under subchapter V of chapter 111 and chapter 230 of the
9statutes in the department of public instruction that they enjoyed in the technology
10for educational achievement in Wisconsin board immediately before the transfer.
11Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has
12attained permanent status in class is required to serve a probationary period.
AB1-ASA1-CA1,426,17
13(cm) Tangible personal property. On the effective date of this paragraph, all
14tangible personal property, including records, of the department of administration
15that is primarily related to the functions of the technology for educational
16achievement in Wisconsin board, as determined by the secretary of administration,
17is transferred to the department of public instruction.
AB1-ASA1-CA1,426,22
18(d) Contracts. 1. All contracts entered into by the technology for educational
19achievement in Wisconsin board in effect on the effective date of this paragraph
20remain in effect and are transferred to the department of public instruction. The
21department of public instruction shall carry out any obligations under a transferred
22contract until the department of public instruction modifies or rescinds the contract.
AB1-ASA1-CA1,427,4
232. All contracts entered into by the department of administration in effect on
24the effective date of this paragraph that are primarily related to the functions of the
25technology for educational achievement in Wisconsin board, as determined by the
1secretary of administration, remain in effect and are transferred to the department
2of public instruction. The department of public instruction shall carry out any
3obligations under a transferred contract until the department of public instruction
4modifies or rescinds the contract.
AB1-ASA1-CA1,427,11
5(e) Rules and orders. All rules promulgated by the technology for educational
6achievement in Wisconsin board that are in effect on the effective date of this
7paragraph remain in effect until their specified expiration date or until the
8department of public instruction amends or repeals them. All orders issued by the
9technology for educational achievement in Wisconsin board that are in effect on the
10effective date of this paragraph remain in effect until their specified expiration date
11or until the department of public instruction modifies or rescinds them.
AB1-ASA1-CA1,427,17
12(f) Pending matters. Any matter pending with the technology for educational
13achievement in Wisconsin board on the effective date of this paragraph is transferred
14to the department of public instruction, and all materials submitted to or actions
15taken by the technology for educational achievement in Wisconsin board concerning
16the pending matter are considered to have been submitted to or taken by the
17department of public instruction.".
AB1-ASA1-CA1,427,19
19"
(1v) Energy conservation.
AB1-ASA1-CA1,427,20
20(a) In this subsection:
AB1-ASA1-CA1,427,21
211. "Commission" means the public service commission.