Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,507,22 "(4e) Fees for patient health care records; rules. 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 5th month beginning after the effective date of this subsection.".

AB1-SSA1-SA2,507,23 535. Page 358, line 15: after that line insert:

AB1-SSA1-SA2,507,24 "(5qq) Limitations on hospitals and ambulatory surgery centers; rules.

AB1-SSA1-SA2,508,4 (a) The department of health and family services shall submit in proposed form the rule required under section 150.935 (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

AB1-SSA1-SA2,508,14 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate the rule required under section 150.935 (6) of the statutes, as created by this act, for the period before the effective date of the rule 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 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-SSA1-SA2,508,21 (5qr) Requirements of hospitals and ambulatory surgery centers. An ambulatory surgery center shall and, as a condition of approval under section 50.35 of the statutes, as affected by this act, a hospital shall, within 60 days after the effective date of this subsection, apply under section 49.45 (2) (a) 11. of the statutes for certification as a provider of medical assistance and apply for certification as a provider of services under medicare, as defined under section 49.45 (3) (L) 1. b. of the statutes.".

AB1-SSA1-SA2,508,22 536. Page 358, line 18: after that line insert:

AB1-SSA1-SA2,509,3 "(1d) 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-SSA1-SA2,509,4 537. Page 358, line 21: after that line insert:

AB1-SSA1-SA2,509,15 "(1v) Rules related to small employer health insurance rates. Using the procedure under section 227.24 of the statutes, the commissioner of insurance may promulgate the rules required under section 635.05 (1) of the statutes, as affected by this act, for the period before the effective date of the permanent rules required under section 635.05 (1) of the statutes, as affected by this act, 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 commissioner 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.".

AB1-SSA1-SA2,509,16 538. Page 358, line 25: after that line insert:

AB1-SSA1-SA2,510,3 "(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.".

AB1-SSA1-SA2,510,4 539. Page 358, line 25: after that line insert:

AB1-SSA1-SA2,510,7 "(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.".

AB1-SSA1-SA2,510,8 540. Page 359, line 1: after that line insert:

AB1-SSA1-SA2,510,10 "(1c) Program evaluation and management audit of department of administration.

AB1-SSA1-SA2,510,16 (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:

AB1-SSA1-SA2,510,19 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.

AB1-SSA1-SA2,510,23 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.

AB1-SSA1-SA2,511,4 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.

AB1-SSA1-SA2,511,8 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.

AB1-SSA1-SA2,511,11 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.

AB1-SSA1-SA2,511,14 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.

AB1-SSA1-SA2,511,16 7. A review of whether the efficiencies and cost savings intended by the legislature and governor when the department was created have been realized.

AB1-SSA1-SA2,511,20 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.

AB1-SSA1-SA2,511,24 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.

AB1-SSA1-SA2,512,4 (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.".

AB1-SSA1-SA2,512,5 541. Page 359, line 1: after that line insert:

AB1-SSA1-SA2,512,12 "(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.".

AB1-SSA1-SA2,512,13 542. Page 359, line 12: delete lines 12 to 15.

AB1-SSA1-SA2,512,14 543. Page 360, line 13: after that line insert:

AB1-SSA1-SA2,512,20 "(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.

AB1-SSA1-SA2,513,2 (2fxr) Positions for invasive species program. The authorized FTE positions for the department of natural resources are increased by 2.0 SEG positions to be funded from the appropriation under section 20.370 (4) (aq) of the statutes, as affected by this act, to provide a program director and staff position for the statewide invasive species program under s. 23.22 of the statutes, as created by this act.".

AB1-SSA1-SA2,513,3 544. Page 360, line 23: delete lines 23 to 25.

AB1-SSA1-SA2,513,4 545. Page 361, line 1: delete lines 1 to 12.

AB1-SSA1-SA2,513,5 546. Page 361, line 13: delete lines 13 to 16.

AB1-SSA1-SA2,513,6 547. Page 361, line 16: after that line insert:

AB1-SSA1-SA2,513,8 "(3q) Transfer of duties from the technology for educational achievement in Wisconsin board.

AB1-SSA1-SA2,513,13 (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.

AB1-SSA1-SA2,513,19 (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.

AB1-SSA1-SA2,514,2 (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.

AB1-SSA1-SA2,514,7 (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.

AB1-SSA1-SA2,514,12 (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.

AB1-SSA1-SA2,514,19 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.

AB1-SSA1-SA2,515,2 (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.

AB1-SSA1-SA2,515,8 (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.".

AB1-SSA1-SA2,515,9 548. Page 361, line 16: after that line insert:

AB1-SSA1-SA2,515,10 "(2w) Technology training and technical assistance grants.

AB1-SSA1-SA2,515,12 (a) Notwithstanding section 115.999 (1) of the statutes, as created by this act, the department of public instruction shall ensure that all of the following occur:

AB1-SSA1-SA2,515,16 1. Except as provided in subdivision 3., all persons who received grants under section 115.999 (1) of the statutes, as created by this act, in the 2001-02 fiscal year receive no less grant money in the 2002-03 fiscal year than they received in the 2001-02 fiscal year.

AB1-SSA1-SA2,515,18 2. No additional persons receive grants under section 115.999 (1) of the statutes, as created by this act, in the 2002-03 fiscal year.

AB1-SSA1-SA2,515,22 3. If the amount appropriated under section 20.255 (4) (et) of the statutes, as affected by this act, in the 2002-03 fiscal year is less than or greater than the amount appropriated in the 2001-02 fiscal year, the department of public instruction prorates the grants for the 2002-03 fiscal year.

AB1-SSA1-SA2,516,3 (b) A grant recipient may use the grant for technical assistance and training in the use of educational technology, as the grant recipient considers appropriate, if the grant recipient agrees to submit a report by the end of the 2002-03 fiscal year to the the department of public instruction on how the grant recipient spent the grant.".

AB1-SSA1-SA2,516,4 549. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,516,7 "(2q) Legislative intent. The treatment of section 196.37 (2) of the statutes is intended only to clarify the authority of the public service commission. No substantive change is intended.

AB1-SSA1-SA2,516,13 (2r) Study of cross subsidization. The joint legislative council is requested to study the requirements regarding cross subsidization under section 196.204 of the statutes and whether any changes to those requirements would promote competition for telecommunications services in rural markets. If the council undertakes such a study, the council shall report its findings, conclusions, and recommendations to the 2003 legislature when it convenes.".

AB1-SSA1-SA2,516,14 550. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,516,15 "(1z) Cogeneration facility at the University of Wisconsin-Madison.

AB1-SSA1-SA2,516,16 (a) In this subsection:

AB1-SSA1-SA2,516,17 1. "Board" means the board of regents of the University of Wisconsin System.

AB1-SSA1-SA2,516,19 2. "Cogeneration facility" means a facility that provides electric, steam, and chilled water service.

AB1-SSA1-SA2,516,20 3. "Commission" means the public service commission.

AB1-SSA1-SA2,516,21 4. "Department" means the department of administration.

AB1-SSA1-SA2,517,2 5. "Site" means the property located immediately north of the university's Walnut Street plant and bounded by Walnut Street on the west, Herrick Drive on the north, the university's existing physical plant buildings on the east, and the north wall of the existing Walnut Street heating plant on the south.

AB1-SSA1-SA2,517,3 6. "University" means the University of Wisconsin-Madison.

AB1-SSA1-SA2,517,5 7. "Utility" means the public utility that provides electric service to the university or an affiliate of such a public utility.

AB1-SSA1-SA2,517,8 (b) The board may not allow the construction of a cogeneration facility at the site that provides electric, steam, or chilled water services to the university after July 1, 2004, unless all of the following are satisfied:

AB1-SSA1-SA2,517,12 1. The utility, department, and board agree on a plan for allocating the costs of constructing the cogeneration facility between the utility and the university and for establishing the terms and conditions under which the university shall purchase electric, steam, or chilled water services from the utility.

AB1-SSA1-SA2,517,14 2. The utility submits a plan under subdivision 1. to the commission and the commission, upon finding the plan is reasonable, approves the plan.

AB1-SSA1-SA2,517,15 3. Construction of the cogeneration facility is completed before July 1, 2004.

AB1-SSA1-SA2,517,22 (c) If the utility submits a plan to the commission under paragraph (b) 2., the utility shall, at the same time that it submits the plan, apply for a certificate of public convenience and necessity for the cogeneration facility under section 196.491 (3) of the statutes. Notwithstanding section 196.491 (3) (a) 3. a. of the statutes, the utility shall provide the department of natural resources with an engineering plan for the cogeneration facility at the same time that the utility submits the application to the commission for the certificate of public convenience and necessity.".

AB1-SSA1-SA2,517,23 551. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,518,12 "(1x) 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 public service commission may fill 3.0 FTE PR positions that are vacant on the effective date of this subsection, that are related to the performance of environmental analyses and engineering reviews, that are authorized to the commission under section 16.505 of the statutes, and that are funded from the appropriation under section 20.155 (1) (g) of the statutes. If the public service commission does not fill the positions by the first day of the 6th month beginning after the effective date of this subsection, the commission shall, no later than the first day of the 7th month beginning after the effective date of this subsection, submit a report to the joint committee on finance of the legislature that explains the reasons for not filling the positions.".

AB1-SSA1-SA2,518,13 552. Page 362, line 12: after that line insert:

AB1-SSA1-SA2,518,14 "(1t) Energy conservation.

AB1-SSA1-SA2,518,15 (a) In this subsection:

AB1-SSA1-SA2,518,16 1. "Commission" means the public service commission.

AB1-SSA1-SA2,518,17 2. "Utility" has the meaning given in section 196.374 (1) (c) of the statutes.

AB1-SSA1-SA2,519,5 (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.".

AB1-SSA1-SA2,519,6 553. Page 362, line 15: delete lines 15 to 18.

AB1-SSA1-SA2,519,7 554. Page 362, line 18: after that line insert:

AB1-SSA1-SA2,519,15 "(1m) Penalty for converting agricultural land. Notwithstanding section 70.32 (2s) (c) of the statutes, as created by this act, and section 74.485 of the statutes, as created by this act, land assessed as agricultural land for the property tax assessments as of January 1, 2002, that may no longer be assessed as agricultural land for the property tax assessments as of January 1, 2003, because the land is not used as a farm, as defined under section 70.32 (2s) (a) 2. of the statutes, is not subject to the penalty under section 74.485 of the statutes with regard to the property tax assessments as of January 1, 2002, and January 1, 2003.".

AB1-SSA1-SA2,519,16 555. Page 362, line 18: after that line insert:

AB1-SSA1-SA2,519,21 "(1q) Direct marketing of cigarettes and tobacco products. The authorized FTE positions for the department of revenue are increased by 1.5 PR positions on July 1, 2002, to be funded from the appropriation under section 20.566 (1) (gc) of the statutes, as created by this act, for the purpose of enforcing and administering cigarette and tobacco product direct marketing permits and penalties.".

AB1-SSA1-SA2,519,22 556. Page 362, line 19: delete lines 19 to 24.

AB1-SSA1-SA2,519,23 557. Page 362, line 24: after that line insert:

AB1-SSA1-SA2,520,3 "(2d) Alcohol and tobacco enforcement agents. The department of revenue shall retain 13 agents in the department's alcohol and tobacco enforcement section at least until July 1, 2003.".

AB1-SSA1-SA2,520,5 558. Page 363, line 21: delete that line and substitute "avoid adverse impacts on activities related to highway planning and programming,".

AB1-SSA1-SA2,520,7 559. Page 364, line 5: delete that line and substitute "avoid adverse impacts on activities related to highway planning and programming,".