Wisconsin Legislature: 28,9103

(a) In this subsection, "executive branch state agency" means any office, department, or independent agency in the executive branch of state government, other than the Board of Regents of the University of Wisconsin System, the department of employee trust funds, the department of justice, the investment board, the department of public instruction, the office of the state public defender, and the office of any district attorney.

(b) Before July 1, 2011, the secretary of administration may develop a proposal for the consolidation of the human resources functions of executive branch state agencies in the office of state employment relations. The proposal shall specifically identify all authorized FTE positions to executive branch state agencies that are responsible for the performance of human relations functions for those agencies, and shall calculate the number of FTE positions to be transferred to the office of state employment relations to perform the human relations functions for executive branch state agencies and the number of FTE positions to be abolished.

(c) If the secretary of administration develops a proposal under paragraph (b), the secretary shall submit the proposal, in writing, to the joint committee on finance. If the cochairpersons of the joint committee on finance 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 receipt of the proposal, the secretary may implement the proposal. If, within 14 working days after the date of receipt 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 secretary may implement the proposal only on approval of the committee.

(d) Employees transferred to the office of state employment relations pursuant to a proposal approved under paragraph (c) shall have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of state employment relations that they enjoyed in the executive branch state agencies from which they were transferred 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.

(e) The authorized FTE positions for the office of state employment relations, funded from the appropriation under section 20.545 (1) (k) of the statutes, as affected by this act, are increased by the number of individuals transferred to the office of state employment relations under paragraph (c), for the purpose of providing human resources services to state agencies. Such positions shall be PR positions.

(f) Before July 1, 2011, if any employees are transferred under paragraph (c), the secretary of administration shall submit to the cochairpersons of the joint committee on finance a report on the implementation of the transfer of employees who perform human relations functions to the office of state employment relations.

(10) Child advocacy center grant reductions. Notwithstanding the amount specified under section 16.964 (14) (intro.) of the statutes, the office of justice assistance in the department of administration shall reduce the amount of money provided for each of the child advocacy centers listed in section 16.964 (14) (a) to (n) of the statutes by $200 in each of fiscal years 2009-10 and 2010-11.

(11x) Generator for the town of Oakland. From the appropriation under section 20.505 (6) (mb) of the statutes, the office of justice assistance shall award a grant of $10,000 to the town of Oakland in Jefferson County in the first fiscal year of the fiscal biennium in which this subsection takes effect for the purchase of an emergency generator.

(11y) Rule-making related to traffic stop information collection and analysis. The office of justice assistance in the department of administration shall submit in proposed form the rules required under section 16.964 (16) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than February 1, 2010.

(12x) Report related to traffic stop information collection and analysis.

(a) In this subsection:

1. "Program costs" means the costs to implement and administer the requirements to collect traffic stop information under sections 16.964 (16) and 349.027 of the statutes, as created by this act.

2. "System" means an information technology system to implement the traffic stop information collection required under sections 16.964 (16) and 349.027 of the statutes, as created by this act.

(b) The secretary of administration shall submit a report to the joint committee on finance addressing all of the following:

1. The feasibility of developing the system.

2. The estimated initial development costs for the system and how the cost estimates were derived.

3. The estimated ongoing costs for the system and how the cost estimates were derived.

4. Timelines for development of the system.

5. The estimated costs to each participating state and local law enforcement agency, on a one-time and on an ongoing basis, to acquire any necessary system hardware and software, for any necessary communication lines, and for program costs.

6. The estimated costs to the office of justice assistance in the department of administration, on a one-time and on an ongoing basis, to acquire any necessary system hardware and software, for system maintenance, for any necessary communication lines, for staffing to compile and analyze the traffic stop information and produce any required reports, for staffing to administer the office's other responsibilities under section 16.964 (16) of the statutes, as created by this act, and for any other program costs.

7. Funding sources for the system and program costs sufficient to cover estimated system and program costs.

(c) If the cochairpersons of the joint committee on finance do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the report submitted under paragraph (b) within 14 working days after the date that the report is submitted, the report is approved. If, within 14 working days after the date that the report is submitted, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the report submitted under paragraph (b), the report is not approved. System development may not begin prior to the approval of the report, as originally submitted, or as modified by the joint committee on finance.

(13f) Restorative justice grant. From the appropriation to the department of administration under section 20.505 (6) (br), as created by this act, the office of justice assistance shall award $50,000 to Restorative Justice Programs, Inc., in the first fiscal year of the fiscal biennium in which this subsection takes effect for restorative justice programs.

28,9103 Section 9103. Nonstatutory provisions; Agriculture, Trade and Consumer Protection.

(1) Emergency rules; weights and measures. The department of agriculture, trade and consumer protection may promulgate rules to establish the initial amount of a fee or surcharge under section 98.16 (3) (intro.) of the statutes, as affected by this act, or sections 98.16 (2m) (a) or (b), 98.224 (2) (c) 1., 2., or 3., 98.245 (7m) (c) 1., 2., or 3., or 98.255 (2) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until January 1, 2011, or the date on which permanent rules take effect, whichever is sooner. 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 subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

(1f) Soil and water management funding. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of agriculture, trade and consumer protection shall submit information concerning the appropriation under section 20.115 (7) (qf) of the statutes as though the amount appropriated for the 2010-11 fiscal year had been $308,000 more than was actually appropriated.

(2) Vehicle tank meter license surcharge. Notwithstanding section 98.224 (2) (c) 2. of the statutes, as created by this act, the department of agriculture, trade and consumer protection may not collect a surcharge from an applicant who has operated a vehicle tank meter without a license unless the unlicensed operation occurred after the effective date of this subsection.

(2f) Purchase of agricultural conservation easement rules. Using the procedure under section 227.24 of the statutes, the department of agriculture, trade and consumer protection may promulgate the rule required under section 93.73 (14) of the statutes, as created by this act, for the period before the effective date of the permanent rule, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

(3) Agricultural and vegetable seed rules. The department of agriculture, trade and consumer protection may use the procedure under section 227.24 of the statutes, to promulgate the rules required under section 94.45 (6) of the statutes, as affected by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until the first day of the 24th month beginning after the effective date of this subsection, or the date on which permanent rules are promulgated, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to determine 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.

(3f) Grants for agricultural facilities. During the 2009-11 fiscal biennium, the department of agriculture, trade and consumer protection may do any of the following with the encumbered moneys in the appropriation account under section 20.115 (4) (qm) of the statutes, as affected by this act, notwithstanding the purpose for which the moneys were originally encumbered:

(a) Make grants for the construction of soybean crushing facilities with the capacity to process more than 20,000,000 bushels of soybeans per year.

(b) Make a grant to a dairy cooperative with headquarters in this state for the construction of additional cheese-making facilities with the capacity to enable the processing of an additional 1,500,000 pounds of milk per day.

(d) Make a grant of $200,000 for diversification of cheese-making capabilities.

(3g) County and district fair aids. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2011-13 biennial budget bill, the department of agriculture, trade and consumer protection shall submit information concerning the appropriation under section 20.115 (4) (b) of the statutes as though the amount appropriated for the 2010-11 fiscal year had been $396,000.

(4i) Land and water conservation board report. The land and water conservation board, the department of agriculture, trade and consumer protection, and the department of natural resources shall investigate the board's responsibilities and authorities and shall, before January 1, 2010, report, to the governor, the joint committee on finance, and the appropriate standing committees of the legislature, recommendations for changes in those responsibilities and authorities to reflect changes in this state's soil and water programs.

28,9106 Section 9106. Nonstatutory provisions; Building Commission.

(1) 2009-11 Authorized State Building Program. For the fiscal years beginning on July 1, 2009, and ending on June 30, 2011, the Authorized State Building Program is as follows: - See PDF for table

(2) Programs previously authorized. In addition to the projects and financing authority enumerated in subsection (1), the building and financing authority enumerated in the previous state building program is continued in the 2009-11 fiscal biennium.

(3) Loans. During the 2009-11 fiscal biennium, the building commission may make loans from general fund supported borrowing or the building trust fund to state agencies, as defined in section 20.001 (1) of the statutes, for projects that are to be utilized for programs not funded by general purpose revenue and that are authorized under subsection (1).

(4) Adjustment of totals.

(a) In the 2005-07 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by Sections 3406m, 3406n, and 3406p of this act.

(b) In the 2007-09 Authorized State Building Program, the appropriate totals are adjusted to reflect the changes made by and Sections 3409n and 3409p of this act.

(5) 2003-05 Authorized State Building Program deletions.

(a) In 2003 Wisconsin Act 33, section 9106 (1) (c) 1., under projects financed by general fund supported borrowing for the department of military affairs, the 2003-05 Authorized State Building Program project designated as "Repair and expansion of helicopter parking and taxiways — Madison" is deleted and the appropriate totals are adjusted accordingly.

(b) In 2003 Wisconsin Act 33, section 9106 (1) (c) 2., under projects financed by federal funds for the department of military affairs, the 2003-05 Authorized State Building Program project identified as "Repair and expansion of helicopter parking and taxiways — Madison" is deleted and the appropriate totals are adjusted accordingly.

(c) In 2003 Wisconsin Act 33, section 9106 (1) (d) 1., under projects financed with existing general fund supported borrowing authority — stewardship property development and local assistance funds for the department of natural resources, the 2003-05 authorized State Building Program project identified as "Rib Mountain State Park water supply system replacement" is deleted and the appropriate totals are adjusted accordingly.

(6) 2005-07 Authorized State Building Program deletions.

(a) In 2005 Wisconsin Act 25, section 9105 (1) (c) 1., under projects financed by general fund supported borrowing for the department of military affairs, the 2005-07 Authorized State Building Program project identified as "Field maintenance shop renovation/addition — Wausau" is deleted and the appropriate totals are adjusted accordingly.

(b) In 2005 Wisconsin Act 25, section 9105 (1) (c) 2., under projects financed by federal funds for the department of military affairs, the 2005-07 Authorized State Building Program project identified as "Field maintenance shop renovation/addition — Wausau" is deleted and the appropriate totals are adjusted accordingly.

(c) In 2005 Wisconsin Act 25, section 9105 (1) (h) 1., under projects financed by general fund supported borrowing for the University of Wisconsin System at the University of Wisconsin–Milwaukee, the 2005-07 Authorized State Building Program project identified as "Columbia St. Mary's Columbia campus medical facilities acquisition and remodeling" is deleted and the appropriate totals are adjusted accordingly.

(d) In 2005 Wisconsin Act 25, section 9105 (1) (h) 1., under projects financed by general fund supported borrowing for the University of Wisconsin System at the University of Wisconsin–Stevens Point, the 2005-07 Authorized State Building Program project identified as "Waste Management laboratory" is deleted and the appropriate totals are adjusted accordingly.

(e) In 2005 Wisconsin Act 25, section 9105 (1) (h) 3., under projects financed by program revenue supported borrowing for the University of Wisconsin system at the University of Wisconsin–Milwaukee, the 2005-07 Authorized State Building Program project identified as "Columbia St. Mary's Columbia campus medical facilities acquisition and remodeling" is deleted and the appropriate totals are adjusted accordingly.

(7) Wisconsin Energy Institute. Notwithstanding subsection (1) (g) 1., if the Building Commission determines that this state has received federal funds distributed to this state under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) to finance the project identified as the "Wisconsin Energy Institute" at the University of Wisconsin–Madison, the amount of the project to be funded from general fund supported borrowing and the amount of the project to be funded from gifts, grants, and other receipts are decreased by equal amounts to offset the total amount of federal funds received by this state under that act for that project, as determined by the commission.

(8) AIDS Network, Inc. Notwithstanding section 13.48 (39) (b) of the statutes, as created by this act, the building commission shall not make a grant to the AIDS Network, Inc., for construction and renovation of facilities and purchase of equipment, as enumerated in subsection (1) (h), under section 13.48 (39) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(9) AIDS Resource Center of Wisconsin, Inc. Notwithstanding section 13.48 (40) (b) of the statutes, as created by this act, the building commission shall not make a grant to the AIDS Resource Center of Wisconsin, Inc., for construction and renovation of facilities in the cities of Green Bay, Milwaukee, or Kenosha and purchase of equipment, as enumerated in subsection (1) (i), under section 13.48 (40) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding section 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(10) Bradley Center Sports and Entertainment Corporation. Notwithstanding section 13.48 (41) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Bradley Center Sports and Entertainment Corporation for capital maintenance and repair of its sports and entertainment facility, as enumerated in subsection (1) (j), under section 13.48 (41) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(11) Dane County Yahara River Watershed Project. Notwithstanding section 13.48 (43) (b) of the statutes, as created by this act, the building commission shall not make a grant to Dane County for construction of anaerobic digesters for the Dane County Yahara River Watershed Project, as enumerated in subsection (1) (k), under section 13.48 (43) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(12) Madison Children's Museum. Notwithstanding section 13.48 (42) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Madison Children's Museum for construction of a museum facility in Madison, as enumerated in subsection (1) (L), under section 13.48 (42) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(13) Milwaukee initiative. Notwithstanding section 18.04 (1) and (2) of the statutes, no public debt authorized for the Milwaukee initiative in section 20.866 (2) (s) 1., as created by this act, may be contracted until the board of regents of the University of Wisconsin System has approved an expenditure plan for the Milwaukee initiative that includes the identification of specific projects and sources of funding and the identified projects are enumerated pursuant to section 20.924 (1) (b) of the statutes.

(14) Utility improvements at University of Wisconsin-Madison Campus. Notwithstanding section 18.04 (1) and (2) of the statutes, $38,470,600 in public debt authorized for the utility improvements at the University of Wisconsin-Madison campus, as enumerated in subsection (1) (g) 1., may not be contracted until after June 30, 2011.

(15) Wisconsin Institutes for Medical Research. Notwithstanding section 18.04 (1) and (2) of the statutes, $67,400,000 in public debt authorized for the Wisconsin Institutes for Medical Research, as enumerated in subsection (1) (g) 1., may not be contracted until after June 30, 2011.

(16) Myrick Hixon EcoPark, Inc. Notwithstanding section 13.48 (44) (b) of the statutes, as created by this act, the building commission shall not make a grant to Myrick Hixon EcoPark, Inc., to aid in the construction of an educational center facility in the city of La Crosse, as enumerated in subsection (1) (m), under section 13.48 (44) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(17) Joint museum facility. From the appropriation account under section 20.867 (2) (r) of the statutes, the building commission shall allocate $4,000,000 to conduct planning, programming, and site identification for a joint museum facility to serve the state historical society and the department of veterans affairs.

(18) Supplementation of funding for University of Wisconsin academic buildings. Notwithstanding section 20.924 (1) of the statutes, the building commission may supplement the authorized amount of financing for any or all of the projects identified in 2007 Wisconsin Act 20, section 9105 (1) (j) as "La Crosse — Academic building," "Oshkosh — Academic building," and "Parkside — Communications Arts Center" with not more than a total of $3,000,000 from unallocated existing general fund supported borrowing authorized under section 20.866 (2) (s) of the statutes, as affected by this act, in the amounts determined by the commission. Moneys used to supplement the projects shall be a first draw from excess building authority under section 20.866 (2) (s) of the statutes, as affected by this act, under the 2009-11 authorized state building program that first comes available on or after the effective date of this subsection, as determined by the building commission.

(19) City of Beloit Turtle Island Park restoration. From the appropriation account under section 20.867 (2) (q) of the statutes, the building commission shall allocate $35,000 for a grant to the city of Beloit to be used for restoration of Turtle Island Park under section 13.48 (39g) of the statutes, as created by this act.

(20) Wisconsin Rapids Armory. Notwithstanding section 18.04 (1) and (2) of the statutes, $13,000,000 in public debt authorized for the Wisconsin Rapids Armory, as enumerated in subsection (1) (c) 1., may not be contracted until federal funding is available for the project or until after June 30, 2011, whichever is earlier.

(21) University of Wisconsin–Eau Claire education building. Notwithstanding section 18.04 (1) and (2) of the statutes, $44,000,000 in public debt authorized for the University of Wisconsin–Eau Claire education building, as enumerated in subsection (1) (g) 1., may not be contracted until after June 30, 2011.

(22) Grand Opera House in Oshkosh. Notwithstanding section 13.48 (39c) (b) of the statutes, as created by this act, the building commission shall not make a grant to the city of Oshkosh to aid in the repair and restoration of the Grand Opera House in the city of Oshkosh, as enumerated in subsection (1) (n), under section 13.48 (39c) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(23) Aldo Leopold climate change classroom and interactive laboratory. Notwithstanding section 13.48 (39d) (b) of the statutes, as created by this act, the building commission shall not make a grant to the Aldo Leopold Nature Center, Inc., to aid in the construction of a climate change classroom and interactive laboratory that will border the cities of Madison and Monona, as enumerated in subsection (1) (o), under section 13.48 (39d) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(24) L. E. Phillips Memorial Public Library. Notwithstanding section 13.48 (39e) (b) of the statutes, as created by this act, the building commission shall not make a grant to the city of Eau Claire to aid in the remodeling of the L. E. Phillips Memorial Public Library in the city of Eau Claire, as enumerated in subsection (1) (p), under section 13.48 (39e) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(25) Stone Barn historic site in the town of Chase.

(a) Notwithstanding section 13.48 (39f) (a) of the statutes, as created by this act, the building commission shall not make a grant to the town of Chase to aid in the restoration of the Stone Barn historic site in the town of Chase, as enumerated in subsection (1) (q), under section 13.48 (39f) of the statutes, as created by this act, unless the department of administration has reviewed and approved plans for the project. Notwithstanding sections 16.85 (1) and 16.855 (1) of the statutes, the department of administration shall not supervise any services or work or let any contract for the project. Section 16.87 of the statutes does not apply to the project.

(b) From the appropriation account under section 20.867 (2) (q) of the statutes, the building commission shall allocate $100,000 for the grant under section 13.48 (39f) (a) of the statutes, as created by this act.

(25f) Study of expanding access to dental education. From the appropriation under section 20.867 (2) (q) of the statutes, the Building Commission shall allocate $500,000 to conduct a study of the state's role in expanding access to dental education with a particular emphasis on increasing dental care in rural and underserved areas, including an examination of the possibility of construction of a new dental school in the city of Marshfield.

(26q) School of Nursing at University of Wisconsin-Madison. From the appropriation under section 20.867 (2) (r) of the statutes, the building commission shall allocate $2,004,000 to conduct planning for a School of Nursing facility to be constructed at the University of Wisconsin-Madison in preparation for possible enumeration of the facility in the 2011-13 Authorized State Building Program. If the Board of Regents of the University of Wisconsin System allocates $1,002,000 from the appropriation under section 20.285 (1) (j) of the statutes for the same purpose, the building commission shall also use those moneys for planning of the facility.

28,9108 Section 9108. Nonstatutory provisions; Children and Families.

(1) Release of support assignments. Any right to unpaid amounts of support or maintenance accrued at the time of application for kinship care payments, long-term kinship care payments, Wisconsin Works benefits, or caretaker supplement payments that is assigned to the state under section 48.57 (3m) (b) 2., 2007 stats., or (3n) (b) 2., 2007 stats., 49.145 (2) (s), 2007 stats., or 49.775 (2) (bm), 2007 stats., shall be released to the person who assigned that right to the state.

(2) Child welfare provider rate regulation.

(a) Transition. Notwithstanding section 49.343 (1g) and (1m) of the statutes, as affected by this act, for services provided beginning on January 1, 2010, and ending on December 31, 2010, a residential care center for children and youth, as defined in section 49.343 (1d) (d) of the statutes, as created by this act, and a group home, as defined in section 49.343 (1d) (c) of the statutes, as created by this act, shall charge the same per client rate for its services as it charged for services provided on December 31, 2009, and a child welfare agency, as defined in section 49.343 (1d) (b) of the statutes, as created by this act, shall charge the same per client administrative rate, as defined in section 49.343 (1d) (a) of the statutes, as created by this act, for the administrative portion of the foster care services to which section 49.343 of the statutes, as affected by this act, applies as it charged for the administrative portion of those services on December 31, 2009.

(b) Rules.

1. `Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 49.343 (4) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subdivision.

2m. `Emergency rules.' Notwithstanding section 227.24 of the statutes, the department of children and families may not promulgate the rules required under section 49.343 (4) of the statutes, as created by this act, as emergency rules.

(cm) Joint legislative council study. The joint legislative council shall study the implementation of the rate regulation system provided under section 49.343 of the statutes, as affected by this act. In studying the implementation of that system, the joint legislative council shall also study alternative methods of reducing the cost of out-of-home care placements for children. The joint legislative council shall report its findings, conclusions, and recommendations to the joint committee on finance by December 31, 2009.

(3) Foster care levels of care.

(a) Transition. Notwithstanding section 48.62 (1) of the statutes, as affected by this act, beginning on the date specified in the notice under section 48.62 (9) of the statutes, as created by this act, a person who on the day before that date is licensed to operate a treatment foster home under section 48.62 (1) (b), 2007 stats., is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, for the remainder of the term of the treatment foster home license under section 48.66 (1) (c), 2007 stats., or 48.75 (1r), 2007 stats. Beginning on the date specified in the notice under section 48.62 (9) of the statutes, as created by this act, the department of children and families, the department of corrections, or a county department of human or social services shall reimburse a person who under this paragraph is considered to be licensed to operate a foster home at the appropriate rate determined by that department or county department under the rules promulgated by the department of children and families under section 48.62 (8) (c) of the statutes, as created by this act.

(b) Rules.

1. `Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 48.62 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3rd month beginning after the effective date of this subdivision.

2m. `Emergency rules.' Notwithstanding section 227.24 of the statutes, the department of children and families may not promulgate the rules required under section 48.62 (8) of the statutes, as created by this act, as emergency rules.