AB100: Bill Text

AB100,1068,7 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or by the department of justice that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

AB100,1068,18 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

AB100,1069,25 (2) Name change. Wherever "agriculture, trade and consumer protection" appears in the following sections of the statutes, as affected by this act, "agriculture, trade, and rural resources" is substituted: 15.05 (1) (d), 15.07 (5) (d), 15.105 (12) (a) 1. and (16) (b) 1., 15.107 (16) (b) 2., 15.135 (1) (a) (intro.) and (b) and (4) (am) and (b) 1., 15.137 (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1. and (5), 15.347 (13) (b) 3. and (18) (b) 3., 15.405 (5g), 15.445 (2) (e) and (4) (a) 6., 15.915 (1) (b) 1. and (2) (a), 16.023 (1) (g) (intro.), 16.045 (3), 16.967 (6), 16.9675 (6), 20.115 (intro.), 20.866 (2) (we) and (wf), 20.923 (4) (f) 2., 23.235 (3m), 25.463, 26.30 (2) and (5), 26.36, 27.019 (3) and (12), 29.424 (2) (b), 29.705 (4) (b), 29.875 (2), 30.12 (1m) (a) and (b), 30.20 (1g) (c), 30.46 (1) (a) and (2), 31.02 (7m), 32.035 (1) (a), 36.25 (7) and (11) (c), 36.58 (2) (a) 3. and (c), (3) (b), and (5), 41.41 (4) (c) and (5) (e), 42.10, 59.70 (17) (a), 61.72, 66.0217 (9) (b), 66.0307 (4) (a) 1., 66.0417 (1), 69.66, 84.01 (17), 86.19 (1m), 88.11 (1) (intro.), (1m), (3) (intro.), (4), (5) (intro.), (6), and (7), 88.13, 88.15 (1), (2), and (3), 88.19 (4) (a) (intro.) and (d), 88.21 (5), 88.24 (intro.), 88.32 (3m), 88.35 (7), 88.77 (2), 91.01 (3), 92.03 (3), 92.14 (6) (d) and (m) and (14m), 92.15 (3) (a) and (b), chapter 93 (title), 93.01 (3) and (15), 93.09 (6), 93.135 (2), 93.75 (3m) (b), (c), and (d), 93.90 (5) (c), 94.72 (1) (d), 94.73 (2m) (b), (c), and (e), (4) (b), and (9), 95.22 (1) and (3), 95.45 (4) (b), 95.55 (5) (a) and (c), 97.01 (4), 97.24 (3), 97.41 (1m), 98.04 (1) and (2), 101.175 (3) (intro.), 101.58 (2) (i), 101.586, 126.01 (8), 126.72 (2), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and (5), 160.01 (7), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.04 (5m) (a) 3., 6., and 7., 169.06 (1) (d) 1., 169.11 (1) (a) (intro.), 169.38 (title), 169.42 (1) (i), 173.01 (1), 174.001 (2), 174.11 (1) and (2) (a), 182.01 (6), 196.857 (1g) (e), 227.137 (1), 227.14 (1s), 230.08 (2) (e) 2., 235.02 (2) (c), 235.04 (6), 254.02 (3) (a), 254.51 (2), 254.52 (2) (intro.), 254.58, 254.64 (1) (d), 254.69 (2) (am), 281.16 (3) (a) (intro.), (b), (c), and (e), 281.20 (1) (a) and (3) (c) (intro.), 1., and 2. and (d) 3., 281.65 (3) (f), (3m) (a) 1. and (b) 1., (4) (as), (dr), (e), (g) (intro.), 2., and 4., (i), (L), (o), (p), and (pm), (4c) (am) 2., (4m) (c) and (d), (5) (intro.), (5m), (7) (a) 2., (11), and (12), 281.67, 281.695 (5), 281.75 (1) (e) 1., 287.11 (2s) (a) and (b), 292.11 (2) (d) and (9) (d) 1. d., 292.33 (6), 299.11 (2) (title), (a), and (b), and (5) (a), 348.01 (2) (am), 348.15 (5) (intro.), 348.17 (4) (a) and (b) (intro.), 348.27 (11m) (a), 440.92 (7), 560.03 (1) and (18), 560.07 (6), 560.17 (7) (am), 560.92 (1), 562.02 (2) (fm), 704.90 (11) (a), 710.02 (4) (a) (intro.), 823.08 (3) (c) 1., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).

AB100,1070,7 (3) Membership of the board of agriculture, trade and consumer protection. Notwithstanding section 15.13 of the statutes, as affected by this act, any member of the board of agriculture, trade and consumer protection who is serving on the board of agriculture, trade and consumer protection as a consumer representative on the day before the effective date of this subsection shall be entitled to continue to serve as a member of the board under section 15.13 of the statutes, as affected by this act, until his or her successor is appointed and qualified.

AB100, s. 9104 Section 9104. Nonstatutory provisions; arts board.

AB100, s. 9105 Section 9105. Nonstatutory provisions; building commission.

AB100, s. 9106 Section 9106. Nonstatutory provisions; child abuse and neglect prevention board.

AB100, s. 9107 Section 9107. Nonstatutory provisions; circuit courts.

AB100, s. 9108 Section 9108. Nonstatutory provisions; commerce.

AB100,1070,16 (1) Real estate trust accounts. All rules promulgated under section 452.13 of the statutes by the department of administration that are in effect on the effective date of this subsection remain in effect until their specified expiration date or until amended or repealed by the department of commerce.

AB100,1070,19 (2) Rural economic development study. The department of commerce and the department of revenue shall jointly study the status of and the alternatives for regional economic development in rural areas.

AB100, s. 9109 Section 9109. Nonstatutory provisions; corrections.

AB100,1070,21 (1) Community Intervention Program transfer.

AB100,1071,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB100,1071,7 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that is primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB100,1071,14 (c) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB100,1071,21 (d) Contracts. All contracts entered into by the department of corrections in effect on the effective date of this paragraph that are primarily related to the Community Intervention Program under section 301.263, 2003 stats., 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.

AB100,1072,5 (e) Rules and orders. All rules promulgated by the department of corrections in effect on the effective date of this paragraph that are primarily related to the Community Intervention Program under section 301.263, 2003 stats., remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the department of corrections in effect on the effective date of this paragraph that are primarily related to the Community Intervention Program under section 301.263, 2003 stats., remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB100, s. 9110 Section 9110. Nonstatutory provisions; court of appeals.

AB100, s. 9111 Section 9111. Nonstatutory provisions; district attorneys.

AB100, s. 9112 Section 9112. Nonstatutory provisions; educational communications board.

AB100, s. 9113 Section 9113. Nonstatutory provisions; elections board.

AB100, s. 9114 Section 9114. Nonstatutory provisions; employee trust funds.

AB100, s. 9115 Section 9115. Nonstatutory provisions; employment relations commission.

AB100, s. 9116 Section 9116. Nonstatutory provisions; ethics board.

AB100, s. 9117 Section 9117. Nonstatutory provisions; financial institutions.

AB100, s. 9118 Section 9118. Nonstatutory provisions; Fox River Navigational System Authority.

AB100, s. 9119 Section 9119. Nonstatutory provisions; governor.

AB100, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

AB100, s. 9121 Section 9121. Nonstatutory provisions; health and family services.

AB100,1073,2 (1) Relative guardianships. Notwithstanding section 48.977 (2) (a), 2003 stats., a petition under section 48.977 (4) of the statutes, as affected by this act, may be filed for the appointment of a relative as the guardian of the person of a child who has been placed, or continued in a placement, outside of his or her home for less than one year on the effective date of this subsection.

AB100,1073,3 (2) Transfer of sanitarian registration.

AB100,1073,7 (a) Registered sanitarians. All persons who were registered as sanitarians under section 250.05 of the statutes, as affected by this act, immediately before the effective date of this paragraph are registered under section 440.70 of the statutes, as affected by this act.

AB100,1073,15 (b) Rules and orders. All rules of the department of health and family services regulating registration of sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of regulation and licensing. All orders of the department of health and family services regulating registered sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of regulation and licensing.

AB100,1073,19 (c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, shall become the assets and liabilities of the department of regulation and licensing.

AB100,1073,23 (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 relating to the registration of sanitarians, as determined by the secretary of administration, is transferred to the department of regulation and licensing.

AB100,1074,4 (e) Contracts. All contracts entered into by the department of health and family services relating to the registration of sanitarians in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.

AB100,1074,10 (f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of sanitarians on the effective date of this paragraph is transferred to the department of regulation and licensing and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of regulation and licensing.

AB100,1074,11 (3) Transfer of day care center licensing.

AB100,1074,15 (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 licensing of day care centers, as determined by the secretary of administration, shall become the assets and liabilities of the department of workforce development.

AB100,1074,20 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of health and family services primarily related to the licensing of day care centers, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of workforce development.

AB100,1075,2 (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 workforce development 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.

AB100,1075,9 (d) 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 the licensing of day care centers, as determined by the secretary of administration, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

AB100,1075,18 (e) 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 and that are primarily related to the licensing of day care centers remain in effect until their specified expiration dates or until amended or repealed by the department of workforce development. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the licensing of day care centers remain in effect until their specified expiration dates or until modified or rescinded by the department of workforce development.

AB100,1075,24 (f) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph that is primarily related to the licensing of day care centers is transferred to the department of workforce development and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.

AB100,1076,3 (4) Medical Assistance and Community Aids Program funding and payments. The repeal of 2003 Wisconsin Act 318, sections 15, 18, 20, 22, and 27, by this act applies notwithstanding section 990.03 of the statutes.

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.