AB100: Bill Text

AB100,1076,4 (5) Transfer of mental health services for homeless individuals.

AB100,1076,9 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.

AB100,1076,10 (b) Position transfer.

AB100,1076,15 1. On the effective date of this subdivision, the authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (6) (m) of the statutes, are decreased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.

AB100,1076,20 2. On the effective date of this subdivision, the authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (2) (m) of the statutes, are increased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.

AB100,1076,22 3. On the effective date of this subdivision, the incumbent employee holding the position specified in subdivision 1 . is transferred to the department of commerce.

AB100,1077,3 (c) Employee status. The employee transferred under paragraph (b ) 3. shall have all the same rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of commerce that he or she enjoyed in the department of health and family services 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.

AB100,1077,8 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of commerce.

AB100,1077,16 (e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of commerce. The department of commerce shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of commerce to the extent allowed under the contract.

AB100,1078,2 (f) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of commerce. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of commerce.

AB100,1078,8 (6) Schedule of assessments on health maintenance organizations with Medical Assistance contracts. Notwithstanding the schedule for payment of assessments specified in section 49.45 (2) (a) 26. a. of the statutes, as created by this act, payments of assessments on a health maintenance organization with a contract to provide health care to Medical Assistance and Badger Care recipients in 2006 shall be made as follows:

AB100,1078,11 (a) On March 31, 2006, payment based on the health maintenance organization's estimated gross revenues for the period of January 1, 2006, to March 31, 2006, is due.

AB100,1078,13 (b) On June 30, 2006, payment based on the health maintenance organization's actual gross revenues for the period of January 1, 2006, to March 31, 2006, is due.

AB100,1078,16 (c) On September 30, 2006, payment based on the health maintenance organization's actual gross revenues for the period of April 1, 2006, to June 30, 2006, is due.

AB100,1078,19 (d) On December 31, 2006, payment based on the health maintenance organization's actual gross revenues for the period of July 1, 2006, to September 30, 2006, is due.

AB100,1079,2 (7) Inquiries concerning managed care organizations. Before July 1, 2006, the department of health and family services shall issue inquiries concerning the existence of managed care organizations that have capability to develop the provision of primary, acute, and long-term managed care, on a regional basis, to elderly and disabled Medical Assistance recipients. The department of health and family services shall consult with the department of administration in connection with the inquiries issued under this subsection and the responses received.

AB100,1079,3 (8) Transfer of functions of the board on health care information.

AB100,1079,8 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to the functions of the board on health care information, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB100,1079,13 (b) Position and employee transfers. All incumbent employees holding positions in the department of health and family services performing duties primarily related to the functions of the board on health care information, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

AB100,1079,19 (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 administration that they enjoyed in the department of health and family services 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.

AB100,1079,24 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the board on health care information, as determined by the secretary of administration, is transferred to the department of administration.

AB100,1079,25 (e) Contracts.

AB100,1080,6 1. All contracts entered into by the board on health care information in effect on the effective date of this subdivision remain in effect and are transferred to the health care quality and patient safety board. The health care quality and patient safety board shall carry out any obligations under such a contract until the contract is modified or rescinded by the health care quality and patient safety board to the extent allowed under the contract.

AB100,1080,13 2. All contracts entered into by the department of health and family services in effect on the effective date of this subdivision that are primarily related to the functions of the board on health care information, as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB100,1080,17 (f) Rules and orders. All rules promulgated by the board on health care information that are in effect on the effective date of this subdivision remain in effect until their specified expiration date or until amended or repealed by the health care quality and patient safety board.

AB100,1080,23 (g) Pending matters. Any matter pending with the board on health care information on the effective date of this paragraph is transferred to the health care quality and patient safety board and all materials submitted to or actions taken by the board on health care information with respect to the pending matter are considered as having been submitted to or taken by the health care quality and patient safety board.

AB100,1081,4 (9) Health care information; rule making. Notwithstanding the requirement and authorization for the department of health and family services to promulgate rules under section 153.75 of the statutes, as affected by this act, before July 1, 2007, the department of health and family services may promulgate under section 153.75 of the statutes only rules that are first approved by the health care quality and patient safety board.

AB100,1081,6 (10) Waiver for cost-saving measures under the Badger Care health care program.

AB100,1081,11 (a) The department of health and family services shall request one or more waivers from the secretary of the federal department of health and human services to permit the department of health and family services to implement cost-saving measures under the Badger Care health care program, including any of the following:

AB100,1081,14 1. Establishing a 3-tiered prescription drug copayment requirement that does not exceed the maximum copayment amount established by the group insurance board for state employees.

AB100,1081,15 2. Establishing a benchmark plan, as described in 42 CFR 457.420.

AB100,1081,17 3. Establishing mandatory copayments for benefits in addition to the copayments for prescription drug coverage.

AB100,1081,20 (b) If a federal waiver under paragraph (a) is approved, the department of health and family services shall seek enactment of statutory language to implement cost-saving measures authorized under the waiver.

AB100,1082,6 (11) Pharmacy reimbursement methodology investigation. The department of health and family services shall investigate alternatives to using the average wholesale price methodology for pharmacy reimbursement for brand name prescription drugs that are purchased by or dispensed to Medical Assistance recipients, persons who receive health care coverage under the Badger Care health care program, and participants in the program for prescription drug assistance for elderly persons under section 49.688 of the statutes. The department's investigation shall include review and research of different methodologies. No later than June 30, 2006, the department of health and family services shall submit to the department of administration a report with its findings, conclusions, and recommendations on the various methodologies investigated.

AB100,1082,16 (12) Transfer of help desk and desktop support positions. All incumbent employees holding positions in the department of health and family services performing duties primarily related to information technology assistance services, as determined by the secretary of health and family services, are transferred on the effective date of this subsection to the department of administration. Employees transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the department of health and family services. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period.

AB100, s. 9122 Section 9122. Nonstatutory provisions; higher educational aids board.

AB100, s. 9123 Section 9123. Nonstatutory provisions; historical society.

AB100, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

AB100,1083,2 (1) 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 2005-06 $2,500,000 of its actual surplus under section 234.165 of the statutes and in fiscal year 2006-07 $2,500,000 of its actual surplus under section 234.165 of the statutes.

AB100, s. 9125 Section 9125. Nonstatutory provisions; insurance.

AB100, s. 9126 Section 9126. Nonstatutory provisions; investment board.

AB100, s. 9127 Section 9127. Nonstatutory provisions; joint committee on finance.

AB100, s. 9128 Section 9128. Nonstatutory provisions; judicial commission.

AB100, s. 9129 Section 9129. Nonstatutory provisions; justice.

AB100,1083,8 (1) Transfer of county-tribal law enforcement grant program.

AB100,1083,9 (a) Positions and employees.

AB100,1083,13 1. On the effective date of this subdivision, all full-time equivalent positions in the department of justice having duties primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, are transferred to the office of justice assistance.

AB100,1083,15 2. All incumbent employees holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the office of justice assistance.

AB100,1083,21 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of justice assistance that they enjoyed in the department of justice 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.

AB100,1084,2 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, shall become the assets and liabilities of the office of justice assistance.

AB100,1084,7 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of justice that is primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, is transferred to the office of justice assistance.

AB100,1084,14 (d) Contracts. All contracts entered into by the department of justice in effect on the effective date of this paragraph that are primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, remain in effect and are transferred to the office of justice assistance. The office of justice assistance shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of justice assistance to the extent allowed under the contract.

AB100,1084,24 (e) Rules and orders. All rules promulgated by the department of justice primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph shall become rules of the office of justice assistance and shall remain in effect until their specified expiration dates or until amended or repealed by the office of justice assistance. All orders issued by the department of justice primarily related to the department's county-tribal law enforcement grant program that are in effect on the effective date of this paragraph shall become orders of the office of justice assistance and shall remain in effect until their specified expiration dates or until modified or rescinded by the office of justice assistance.

AB100,1085,7 (f) Pending matters. Any matter pending with the department of justice on the effective date of this paragraph that is primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, is transferred to the office of justice assistance, and all materials submitted to or actions taken by the department of justice with respect to the pending matter are considered as having been submitted to or taken by the office of justice assistance.

AB100, s. 9130 Section 9130. Nonstatutory provisions; legislature.

AB100,1085,9 (1) Appropriation lapses and reestimates.

AB100,1085,11 (a) In this subsection, "state operations" means all purposes except aids to individuals and organizations and local assistance.

AB100,1085,18 (b) The cochairpersons of the joint committee on legislative organization shall take actions during the 2005-07 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the legislature under section 20.765 of the statutes, as affected by this act, an amount equal to a total of $4,675,000 in fiscal year 2005-06 and a total of $4,675,000 in fiscal year 2006-07 are lapsed from sum certain appropriation accounts or are subtracted from the expenditure estimates for any other types of appropriations, or both.

AB100,1085,23 (c) The cochairpersons of the joint committee on legislative organization shall take actions during the 2005-07 fiscal biennium to ensure that the authorized FTE positions for the legislature are decreased by a total of 38.0 FTE positions from the FTE position level that is authorized for the legislature on the effective date of this subsection.

AB100, s. 9131 Section 9131. Nonstatutory provisions; lieutenant governor.

AB100, s. 9132 Section 9132. Nonstatutory provisions; lower Wisconsin state riverway board.

AB100, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

AB100, s. 9134 Section 9134. Nonstatutory provisions; military affairs.

AB100, s. 9135 Section 9135. Nonstatutory provisions; natural resources.

AB100,1086,14 (1) Pheasant hunting permits; rules. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules implementing section 29.185 of the statutes, as created by this act, for the period before the date on which permanent rules take effect, 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 natural resources 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.

AB100,1086,19 (2) Managed forest land board. Notwithstanding section 15.345 (6) of the statutes, as created by this act, 2 of the initial members of the managed forest land board appointed under section 15.345 (6) (a) to (d) of the statutes shall serve for terms expiring on May 1, 2007, and 2 of those initial members shall serve for terms expiring on May 1, 2009.

AB100,1087,5 (3) Turkey hunting approvals; rules. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules implementing section 29.164 of the statutes, as affected by this act, for the period before the date on which permanent rules take effect, 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 natural resources 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.

AB100, s. 9136 Section 9136. Nonstatutory provisions; public defender board.

AB100, s. 9137 Section 9137. Nonstatutory provisions; public instruction.

AB100,1087,8 (1) Differentiated compensation programs.

AB100,1087,18 (a) The department of public instruction shall promulgate emergency rules under section 227.24 of the statutes to implement section 115.40 of the statutes, as created by this act, by October 15, 2005. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules promulgated under this paragraph remain in effect until July 1, 2006, or the date on which the permanent rules take effect, whichever occurs first. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph 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 the rule.

AB100,1087,22 (b) The department of public instruction may not accept an application from a school board for a grant in the 2005-07 fiscal biennium under section 115.40 of the statutes, as created by this act, that is received by the department after December 15, 2005.

AB100,1088,2 (c) The department of public instruction shall award grants for the 2005-07 fiscal biennium under section 115.40 of the statutes, as created by this act, by January 31, 2006. The department shall pay one-third of the grant in the 2005-06 fiscal year and two-thirds of the grant in the 2006-07 fiscal year.

AB100,1088,9 (2) Adult literacy grants. From the appropriation under section 20.255 (3) (b) of the statutes, as created by this act, the department of public instruction shall award grants in the 2005-06 fiscal year to nonprofit organizations, as defined in section 108.02 (19) of the statutes, to support programs that train community-based adult literacy staff and to establish new volunteer-based programs in areas of this state that have a demonstrated need for adult literacy services. No grant may exceed $25,000, and no organization may receive more than one grant.

AB100, s. 9138 Section 9138. Nonstatutory provisions; public lands, board of commissioners of.

AB100, s. 9139 Section 9139. Nonstatutory provisions; public service commission.

AB100, s. 9140 Section 9140. Nonstatutory provisions; regulation and licensing.

AB100,1088,18 (1) Credential renewal fees; renewal date changes. When preparing its recommendations under section 440.03 (9) (b) of the statutes for changes to fees under section 440.08 (2) (a) of the statutes for credential renewals in the 2007-09 biennium, the department of regulation and licensing shall consider whether to reduce or increase the fees based on the changes to the renewal deadlines made by this act.

AB100, s. 9141 Section 9141. Nonstatutory provisions; revenue.

AB100,1089,2 (1) Internal revenue code. Changes to the Internal Revenue Code made by P.L. 108-121, excluding section 109 of P.L. 108-121, P.L. 108-311, excluding sections 306, 307, 308, 401, and 403 (a) of P.L. 108-311, and P.L. 108-357,excluding sections 101, 201, 244, 336, 337, 909, and 910 of P.L. 108-357, apply to the definitions of "Internal Revenue Code" in chapter 71 of the statutes at the time that those changes apply for federal income tax purposes.

AB100,1089,7 (2) The streamlined sales and use tax agreement. The department of revenue shall notify the revisor of statutes of the effective date of this state's participation in the streamlined sales and use tax agreement, as described in section 77.65 of the statutes, as affected by this act, no later than 30 days after such effective date is determined.

AB100,1089,16 (3) Revenue from the streamlined sales tax project. No sooner than July 1, 2006, and no later than September 1, 2006, the department of revenue shall estimate the amount of revenue that will be collected under subchapter III of chapter 77 of the statutes for the 2005-07 fiscal biennium in excess of the amount of revenue that, prior to the beginning of that biennium and based, in part, on the assumption of compliance by sellers with the streamlined sales and use tax agreement described under section 77.65 of the statutes, as affected by this act, the department of revenue estimated would be collected under subchapter III of chapter 77 of the statutes for that biennium.

AB100, s. 9142 Section 9142. Nonstatutory provisions; secretary of state.

AB100, s. 9143 Section 9143. Nonstatutory provisions; state employment relations, office of.

AB100,1090,3 (1) Study of administrative salaries in the executive branch of state government. The director of the office of state employment relations shall conduct a study of compensation paid to administrators in state agencies in the executive branch of state government, including specifically compensation that is paid to administrative executives and officers employed by the Board of Regents of the University of Wisconsin System. No later than December 31, 2006, the director of the office of state employment relations shall submit a report of the results of the study to the secretary of administration. The report shall include recommendations for addressing any disparities in compensation paid to administrators.

AB100, s. 9144 Section 9144. Nonstatutory provisions; state fair park board.

AB100, s. 9145 Section 9145. Nonstatutory provisions; supreme court.

AB100,1090,13 (1) Appropriation lapses and reestimates. The chief justice of the supreme court, acting as the administrative head of the judicial system, shall take actions during the 2005-07 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the circuit courts under section 20.625 of the statutes, to the court of appeals under section 20.660 of the statutes, and to the supreme court under section 20.680 of the statutes, an amount equal to $1,300,000 is lapsed from sum certain appropriation accounts or is subtracted from the expenditure estimates for any other types of appropriations, or both.

AB100, s. 9146 Section 9146. Nonstatutory provisions; technical college system.