Wisconsin Legislature: 33,9124

(8) County department and local health department operating deficit reduction.

(a) If an amendment to the state medical assistance plan that provides for a revised payment methodology for medical assistance services that are provided by a local government is approved by the federal center for medicare and medicaid services before July 1, 2005, no county department under section 46.215, 46.22, 46.23, or 51.42 of the statutes and no local health department, as defined in section 250.01 (4) of the statutes, may receive a distribution of an allocation under section 49.45 (6t) of the statutes, as affected by this act.

(b) If paragraph (a ) applies, any county department or local health department that has received distribution of an allocation under section 49.45 (6t) of the statutes, as affected by this act, for any year after 2002 shall, upon demand by the department of health and family services, return to the department of health and family services all those moneys so distributed.

(8c) Autism spectrum disorder waiver. As part of waivers requested under 2001 Wisconsin Act 16, section 9123 (16rs) (b), the department of health and family services may, by January 1, 2004, seek a waiver under 42 USC 1396n (c) permitting Medical Assistance reimbursement on a statewide basis for certain in-home habilitation services specified in the waiver request for children who are diagnosed with an autism spectrum disorder.

(8w) Prescription drug prior authorization report. By January 1, 2004, the department of health and family services shall report to the governor, the members of the joint committee on finance, and, in the manner provided under section 13.172 (3) of the statutes, the appropriate standing committees of the legislature on all of the following:

(a) The name and therapeutic class of each prescription drug for which the department requires prior authorization under the Medical Assistance program or the program under section 49.665 or 49.688 of the statutes, as affected by this act.

(b) The criteria for approving prior authorization requests for each prescription drug identified under paragraph (a).

(9c) Use of income augmentation revenue.

(a) Subject to paragraph (b), from the appropriation account under section 20.435 (8) (mb) of the statutes, the department of health and family services shall support the costs of all of the following:

1. Compliance with the federal Health Insurance Portability and Accountability Act, 42 USC 300gg to 300gg-92.

2. Implementation and operation of the statewide automated child welfare information system established under section 46.03 (7) (g) of the statutes.

3. Activities to reduce errors in the payment of benefits under the federal Food Stamp Program under 7 USC 2011 to 2036.

(b) In supporting the costs specified in paragraph (a), the department of health and family services shall expend revenues received under 42 USC 670 to 679a, 42 USC 1395 to 1395dd, and 42 USC 1396 to 1396v received before July 1, 2002, before expending revenues received from those sources after June 30, 2002.

(10c) Primary health care program claims. Before July 1, 2004, from the appropriation account under section 20.435 (4) (gp) of the statutes, as affected by this act, the department of health and family services may pay outstanding claims for services provided under section 146.93, 2001 stats.

(10f) Report on Medical Assistance benefits and financing.

(a) In this subsection, "Medical Assistance" means services or items provided as a benefit under subchapter IV of chapter 49 of the statutes.

(b) By December 1, 2003, the department of administration shall submit to the joint committee on finance a report that includes all of the following:

1. A comparison of the amount of state funding that is budgeted for Medical Assistance under 2003 Wisconsin Act .... (this act) with projected expenditures for Medical Assistance in the 2003-05 state fiscal biennium.

2. Identification of all federal funding that is available to support Medical Assistance in the 2003-05 state fiscal biennium, including any supplemental funding that this state may receive as the result of federal legislation, any approval by the federal department of health and human services of waivers of federal Medical Assistance Program laws, and any creation or expansion of claims for federal Medical Assistance Program moneys under 42 CFR 433.51.

3. Proposals and recommendations, including proposed statutory changes, to reduce Medical Assistance costs if projected expenditures exceed projected revenues.

(10h) Request for proposals for plan administrator. Not later than the first day of the 7th month beginning after the effective date of this subsection, the department of health and family services shall have prepared, and shall submit to the cochairpersons of the joint committee on finance, a request for proposals for administration of the Health Insurance Risk-Sharing Plan. If the cochairpersons of the joint committee on finance do not notify the secretary of health and family services within 14 working days after receiving the request for proposals that the cochairpersons have scheduled a meeting for the purpose of reviewing the request for proposals, the department of health and family services may issue the request for proposals. If within 14 working days after receiving the request for proposals the cochairpersons notify the secretary of health and family services that the cochairpersons have scheduled a meeting for the purpose of reviewing the request for proposals, the department of health and family services may issue the request for proposals only upon approval of the committee.

(10k) Transfer of health care information to entity; transition assistance.

(a) Before 12 months have elapsed after a contract is agreed upon under section 153.05 (2m) of the statutes, as created by this act, the department of health and family services shall provide to the entity under that contract all health care information databases and computer software related to hospitals and ambulatory surgery centers, including manuals, documentation, and program codes, that the department possesses under chapter 153 of the statutes, as affected by this act.

(b) The department of health and family services shall provide the entity under contract under section 153.05 (2m) (a) of the statutes, as created by this act, with transition assistance concerning health care data collection and dissemination to assist the entity in ensuring that the entity's program under the contract is functioning by January 1, 2004.

(10m) Emergency rules for coverage of psychosocial services. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate the rules required under section 49.45 (30e) (b) 1. to 3. of the statutes and under section 49.45 (30e) (b) 4. of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.45 (30e) (b) 1. to 3. of the statutes and under section 49.45 (30e) (b) 4. of the statutes, as created 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 department is not required to provide evidence that promulgating a rule under this subsection 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 subsection.

(11f) Medical Assistance federal funding report. If, before July 1, 2005, sufficient federal Medical Assistance Program moneys are available to support any of the following state Medical Assistance programs or services at the level of funding recommended by the governor in 2003 Senate Bill 44, the department of health and family services shall so report to the legislature in the manner provided under section 13.172 (2) of the statutes and include in the report any proposed legislation necessary for implementation:

(a) Administrative costs for implementing created or expanded claims for federal Medical Assistance Program moneys under 42 CFR 433.51.

(b) Noninstitutional Medical Assistance service provider rates.

(d) Expanded services and increased rates for services under sections 46.27 (11), 46.277, and 46.278 of the statutes, as affected by this act.

(e) Community support programs under section 51.421 (3) (e) of the statutes.

(f) Expansion of the family care benefit, as defined in section 46.2805 (4) of the statutes, in Kenosha County.

(11k) Medical Assistance nursing home bed assessment waiver request. By the date that is 60 days after the effective date of this subsection, the department of health and family services shall submit to the joint committee on finance, for review and approval, a request to the secretary of the federal department of health and human services, under 42 USC 1396n (c), for any waivers of federal Medical Assistance program laws necessary to permit exemption of certain facilities with a high proportion of private-pay residents or residents who are recipients of Medical Assistance from the assessment under section 50.14 (2) of the statutes, as affected by this act.

(11p) Report on exempting private-pay nursing home residents from bed assessments. By the date that is 60 days after the effective date of this subsection, the department of health and family services shall submit to the joint committee on finance a report on the feasibility of exempting private-pay residents of facilities from the assessment under section 50.14 (2) of the statutes, as affected by this act.

(11pd) Assessment of facility licensed beds. If any facility assessments required under section 50.14 (2) (intro.) of the statutes, as affected by this act, that are due on July 1, 2003, and thereafter are paid under the rates specified in section 50.14 (2) (intro.), 2001 statutes, the department of health and family services shall calculate the amounts owing under section 50.14 (2) (intro.) of the statutes, as affected by this act, and require payment by facilities, for deposit in the general fund, or the Medical Assistance trust fund, as applicable, of the increased amounts.

(12q) Graduate medical education. In each year of the 2003-05 fiscal biennium, the department of health and family services shall expend $2,000,000 of the moneys allocated for direct graduate medical education costs from the appropriation under section 20.435 (4) (b) of the statutes, as affected by the acts of 2003, on indirect graduate medical education costs.

(13k) Medical Assistance demonstration project.

(a) In this subsection, "facility" has the meaning given in section 49.45 (6m) (a) 3. of the statutes.

(b) From the appropriation under section 20.435 (4) (b) of the statutes, as affected by this act, the department of health and family services shall allocate $405,100 in state fiscal year 2003-04 and $405,500 in state fiscal year 2004-05 to provide to Milwaukee County for support of a 2-year demonstration project that involves a facility that has between 80 and 90 licensed beds and a population of residents 90% of whom are recipients of Medical Assistance and that is located in a city of the first class.

33,9127 Section 9127. Nonstatutory provisions; Housing and Economic Development Authority.

(1f) Transfer of surplus. Notwithstanding section 234.165 (2) (c) of the statutes, the Wisconsin Housing and Economic Development Authority shall pay to the state in fiscal year 2003-04 $2,375,000 of its actual surplus under section 234.165 of the statutes and in fiscal year 2004-05 $2,125,000 of its actual surplus under section 234.165 of the statutes.

33,9130 Section 9130. Nonstatutory provisions; joint committee on finance.

(1c) Private employer health care coverage program. Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes for the 2003-05 fiscal biennium, $105,500 for the 2003-04 fiscal year and $210,900 for the 2004-05 fiscal year is allocated to the department of employee trust funds for funding operating costs relating to the private employer health care coverage program under subchapter X of chapter 40 of the statutes. Notwithstanding section 13.101 (3) (a) 1. of the statutes, no finding of an emergency is required for the joint committee on finance to use the moneys allocated under this subsection. The joint committee on finance may not use the moneys unless the department of employee trust funds requests the use and statutory changes substantially similar to any changes recommended by the task force created under Section 9133 (4c) of this act have been enacted into law.

(1q) State lease, rental and space management cost supplementation. Of the moneys appropriated to the joint committee on finance under section 20.865 (4) (a) of the statutes for the 2003-05 fiscal biennium, $5,303,800 is allocated to supplement the appropriations under section 20.865 (2) (a), and (am) of the statutes, as affected by this act, and section 20.865 (2) (ag) of the statutes. The committee may supplement those appropriations upon request of the department of administration only after the report required under Section 9101 (11q) of this act is received by the cochairpersons of the committee .

(2f) Juvenile correctional services revenue sufficiency. The joint committee on finance shall add $284,700 to the cost basis used to determine the per person daily cost assessment under section 301.26 (4) (d) 2. of the statutes, as affected by this act, for care in a Type I secured correctional facility, as defined in section 938.02 (19) of the statutes, for fiscal year 2003-04 and $284,600 to the cost basis used to determine the per person daily cost assessment under section 301.26 (4) (d) 3. of the statutes, as affected by this act, for care in a Type I secured correctional facility, as defined in section 938.02 (19) of the statutes, for fiscal year 2004-05. The secretary of administration shall place in unallotted reserve and use to recoup any actual deficit in the appropriation account under section 20.410 (3) (hm), 2001 stats., as of June 30, 2003, all moneys generated by the increases in those per person daily cost assessments that result from adding those amounts to those cost bases.

33,9132 Section 9132. Nonstatutory provisions; justice.

(3f) Reallocation proposal.

(a) No later than 90 days after the effective date of this paragraph, the department of justice may submit a proposal to the secretary of administration to increase the funding or position authority of any appropriation listed in the following table by an amount not more than that identified for the appropriation in that table for the specified fiscal year, and to decrease the funding or position authority of one or more department sum certain, general purpose revenue state operations appropriations by a total equal to the amount of any proposed increase: - See PDF for table

(b) If the secretary of administration approves the reallocation proposal, the secretary shall submit the proposal to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal within 14 working days after the date of the secretary's submittal, the proposal shall be implemented. If, within 14 working days after the date of the secretary's submittal of the proposal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposal, the proposal may be implemented under this subsection only upon approval of the committee.

33,9133 Section 9133. Nonstatutory provisions; legislature.

(1) Funding of authorized positions for the legislature and legislative service agencies during the 2003-05 fiscal biennium. Notwithstanding section 16.505 (4) of the statues, all authorized positions for the legislature and for each legislative service agency, as defined in section 16.70 (6) of the statutes, that are funded from an appropriation under section 20.765 (1), (2), (3) (a) to (fa), or (4) of the statutes, as affected by this act, shall be funded from the appropriation under section 20.765 (5) of the statutes, as created by this act, before the effective date of the biennial budget act for the 2005-07 fiscal biennium until such time as the joint committee on legislative organization acts under subsection (2).

(1z) Appropriation lapses and reestimates. The cochairpersons of the joint committee on legislative organization shall take actions during the 2003-05 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the legislature under section 20.765 of the statutes an amount equal to $11,840,000 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

(2) Allocation and transfer of appropriated funds by the joint committee on legislative organization. Before the effective date of the biennial budget act for the 2005-07 fiscal biennium, the joint committee on legislative organization shall allocate moneys that have not been expended or encumbered from the appropriation under section 20.765 (5) (a) of the statutes, as created by this act, to be used for the purposes provided in the appropriations under section 20.765 (1), (2), (3) (a) to (fa), and (4) of the statutes, as affected by this act. The amounts so allocated shall be reflected by increasing the appropriations under section 20.765 (1), (2), (3) (a) to (fa), and (4) of the statutes, as affected by this act, in the case of sum certain appropriations, or modifying the expenditure estimates for the appropriations under section 20.765 (1), (2), (3) (a) to (fa), and (4) of the statutes, as affected by this act, in the case of any other types of appropriations, and by reducing the expenditure estimate for the appropriation under section 20.765 (5) (a) of the statutes, as created by this act, to the amount already expended or encumbered.

(3) Continuation of existing expenditure authority. Notwithstanding subsection (2 ), if on the effective date of this subsection the joint committee on legislative organization has not acted to fully allocate for expenditure the moneys shown in the schedule under section 20.005 (3) of the statutes for the appropriation under section 20.765 (5) (a) of the statutes, as created by this act, the officers who were permitted to authorize expenditures to be made from the appropriations under section 20.765 (1), (2), (3) (a) to (fa), and (4) of the statutes, as affected by this act, on the day before the effective date of this subsection may, during the period before the effective date of the 2005-07 biennial budget act, continue to authorize expenditures to be made for the same purposes and in the same amounts for which they were previously authorized at the end of the 2001-03 fiscal biennium from the appropriation under section 20.765 (5) (a) of the statutes, as created by this act, until such time as the joint committee on legislative organization acts under subsection (2).

(3f) 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, 2004, file its report as described in section 13.94 (1) (b) of the statutes.

(3m) Committee to study distribution of state aid to municipalities. The joint committee on legislative organization may create a joint committee to study the distribution of state aid to municipalities and to make a recommendation for the distribution of $703,102,200 to municipalities, beginning in 2006. The committee shall report its findings, conclusions, and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes no later than December 31, 2004. The legislative fiscal bureau shall assist the committee.

(4c) Creation of task force to study the private employer health care coverage program. The majority leader of the senate and the speaker of the assembly shall jointly create, and appoint members to, a task force to study and recommend statutory language changes to the private employer health care coverage program established under subchapter X of chapter 40 of the statutes. The task force shall submit any recommended stat utory language changes to the chief clerk of each house of the legislature no later than January 1, 2004, for distribution to the legislature in the manner specified under section 13.172 (3) of the statutes.

33,9138 Section 9138. Nonstatutory provisions; natural resources.

(1z) Brownfields green space grants. During the 2003-05 fiscal biennium, the department of natural resources may review applications submitted to the department by January 17, 2003, for grants under section 292.79 of the statutes and may use the criteria under that section and rules promulgated by the department under that section to make grants of up to a total of $1,000,000 from the appropriation under section 20.370 (6) (eu) of the statutes to applicants that would have been eligible for grants under section 292.79 of the statutes in fiscal year 2002-03.

(2z) Environmental management appropriation reduction. The department of natural resources may submit a plan to the secretary of administration to increase the appropriation to the department of natural resources under section 20.370 (2) (mq) of the statutes by not more than $1,120,000 in fiscal year 2003-04 and $1,120,000 in fiscal year 2004-05 and to decrease one or more other sum certain appropriations made to the department from the environmental fund for environmental management by a total equal to the amount of the proposed increase. The department may not include in the plan a decrease in the appropriation under section 20.370 (2) (mr) of the statutes, as created by this act. The department shall include in the plan a description of the number and types of positions that would be eliminated under the plan. If the secretary does not approve the plan, the department may not implement the plan. If the secretary approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department shall implement the plan. If the cochairpersons of the committee notify the secretary within 14 working days after the date of the secretary's submittal that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not implement the plan until it is approved by the committee, as submitted or as modified.

(3) Funding to maintain and develop historic sites. Notwithstanding section 20.370 (7) (fa) of the statutes, the requirements that the department of natural resources expend at least $150,000 in each fiscal year from the appropriation under section 20.370 (7) (fa) of the statutes for maintaining and developing historic sites and that the department of natural resources expend at least $10,000 of these amounts in each fiscal year for maintaining and developing Heritage Hill State Park do not apply in fiscal year 2003-04.

(3d) Chronic wasting disease. Of the amounts appropriated to the department of natural resources under section 20.370 (8) (mz) of the statutes, the department of natural resources shall expend $360,000 in fiscal year 2003-04 for efforts to manage wildlife diseases, with a primary focus on managing and testing for chronic wasting disease.

(3f) Grant for mitigation of bluff erosion. During the 2003-05 fiscal biennium, the department of natural resources shall make a grant of $250,000 from the appropriation under section 20.866 (2) (te) of the statutes, as affected by this act, to Sheboygan County for a project to mitigate bluff erosion along County Highway LS if Sheboygan County provides an amount equal to at least 30% of the total project costs from nonstate revenue sources.

(3x) Sale of property. Notwithstanding section 23.15 (1) of the statutes, as affected by this act, during fiscal year 2003-04 and fiscal year 2004-05, the department of natural resources shall make a good faith effort to sell enough real property that is owned by the state under the jurisdiction of the department and that is currently used for one of the purposes specified in section 23.09 (2) (d) of the statutes to receive $20,000,000 annually from those sales after any payment to the bond security and redemption fund and to the federal government. The department shall attempt to first sell real property that is isolated from other publicly owned real property, then to sell real property that is suitable for agricultural use, and finally to sell other real property under its jurisdiction. If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any real property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the real property in the bond security and redemption fund under section 18.09 of the statutes to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the real property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. Before entering into an agreement to sell real property under this subsection, the secretary of natural resources shall submit the proposal to sell the real property to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed sale within 14 working days after the date of the secretary's submittal, the sale may be completed. If, within 14 working days after the date of the secretary's submittal of the proposed sale, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed sale, the sale may be implemented under this subsection only upon approval of the committee. Any moneys received from the sale of real property under this subsection shall be deposited in the budget stabilization fund. If the department is unable to sell annually sufficient real property to net $20,000,000 from those sales in either fiscal year, the department shall submit a report to the members of the joint committee on finance detailing the department's plan for selling real property under this subsection and explaining why the department was unable to sell enough real property during the fiscal year to net $20,000,000.

(4f) Recreational boating aids; Memory Lake. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $400,000 in fiscal year 2003-04 to the village of Grantsburg in Burnett County for a project to dredge Memory Lake. The village of Grantsburg shall contribute funding for the project equal to 25% of the project's cost. The village of Grantsburg's contribution may be in matching funds or may be in-kind contributions or both. Notwithstanding section 30.92 (4) (b) 7. and 8. of the statutes, the project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

(4g) Little Muskego Lake.

(a) From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide financial assistance in fiscal year 2003-04 to the Little Muskego Lake protection and rehabilitation district for a dredging project in Little Muskego Lake. The department of natural resources shall provide as financial assistance under this paragraph $25,000 or an amount equal to the amount contributed by the lake district, whichever is less. The contribution by the lake district may be in the form of money or in-kind contributions or both. Notwithstanding section 30.92 (4) (b) 7. and 8. of the statutes, the project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

(b) The financial assistance provided under paragraph (a) shall be used in Island Drive Bay to clean out muck from shore to shore to the hard bottom of the bay or to a depth of 8 feet, whichever is less. Sections 23.24, 30.20, and 283.31 of the statutes do not apply to the dredging project specified under paragraph (a).

(4k) Southeastern Wisconsin Fox River commission. The department of natural resources shall provide in fiscal year 2003-04, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $200,000 to the Southeastern Wisconsin Fox River commission. The commission may use this funding for activities that are required or authorized under subchapter VI of chapter 33 of the statutes and that are consistent with the commission's implementation plan. The activities for which this funding is utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

(5g) Reductions of administrative appropriations. By January 1, 2004, the department of natural resources shall submit to the secretary of administration a plan to implement the reductions from fiscal year 2003-04 to fiscal year 2004-05 in the department of natural resource's appropriation accounts under sections 20.370 (8) (ma) and (9) (ma), including proposed position reductions. The secretary of administration may approve or may modify and then approve the plan submitted by the department of natural resources. By March 1, 2004, the secretary shall submit the approved plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 working days after the date of the secretary's submittal, the plan may be implemented. If, within 14 working days after the date of the secretary's submittal of the plan, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the plan may be implemented under this subsection only upon approval of the committee.

33,9139 Section 9139. Nonstatutory provisions; personnel commission.

(1) Abolition of personnel commission.

(a) Assets and liabilities.

1. On the effective date of this subdivision, all assets and liabilities of the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the employment relations commission.

2. On the effective date of this subdivision, all assets and liabilities of the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of workforce development.

(b) Tangible personal property.

1. On the effective date of this subdivision, all tangible personal property, including records, of the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, are transferred to the employment relations commission.

2. On the effective date of this subdivision, all tangible personal property, including records, of the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, are transferred to the department of workforce development.

1. On the effective date of this subdivision, all contracts entered into by the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., as determined by the secretary of administration, which are in effect on the effective date of this subdivision remain in effect and are transferred to the employment relations commission. The employment relations commission shall carry out any such contractual obligations until modified or rescinded by the employment relations commission to the extent allowed under the contract.

2. On the effective date of this subdivision, all contracts entered into by the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., as determined by the secretary of administration, which are in effect on the effective date of this subdivision remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any such contractual obligations until modified or rescinded by the department of workforce development to the extent allowed under the contract.

(d) Pending matters.

1. On the effective date of this subdivision, any matter pending with the personnel commission relating to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., is transferred to the employment relations commission, and all materials submitted to or actions taken by the personnel commission with respect to the pending matter are considered as having been submitted to or taken by the employment relations commission.

2. On the effective date of this subdivision, any matter pending with the personnel commission relating to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., is transferred to the department of workforce development, and all materials submitted to or actions taken by the personnel commission with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

(e) Rules and orders.

1. All rules promulgated, and all orders issued, by the personnel commission that are in effect on the effective date of this subdivision and that relate to the performance of its duties under section 230.45 (1) (a), (c), (d), and (e), 2001 stats., remain in effect until their specified expiration date or until amended or repealed or modified or rescinded, whichever is appropriate, by the employment relations commission.

2. All rules promulgated, and all orders issued, by the personnel commission that are in effect on the effective date of this subdivision and that relate to the performance of its duties under section 230.45 (1) (b), (g), (gm), (j), (k), (L), and (m), 2001 stats., remain in effect until their specified expiration date or until amended or repealed or modified or rescinded, whichever is appropriate, by the department of workforce development.

33,9140 Section 9140. Nonstatutory provisions; public defender board.

(1z) Monthly report on private bar appropriation. In each month of the 2003-05 fiscal biennium, the office of the state public defender shall submit to the joint committee on finance a report on the expenditures from, encumbrances against, and unencumbered balance in the appropriation account of the public defender board under section 20.550 (1) (d) of the statutes, as affected by the acts of 2003.