(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.
(cm) Review by joint committee on finance. By December 1, 2009, the department of children and families shall submit to the joint committee on finance a detailed plan for the implementation of the rules promulgated under section 48.62 (8) of the statutes, as created by this act. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of submittal of the plan, the department may implement those rules. If, within 14 working days after the date of submittal of the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement those rules only upon approval of the committee.
(dm) Evaluation. The department of children and families shall evaluate the foster care system implemented under the rules promulgated under section 48.62 (8) of the statutes, as created by this act. That evaluation shall include an evaluation of the cost effectiveness of that system, its consistency in placing children in foster homes that provide an appropriate level of care for those children, the outcomes for children placed in foster homes under that system, and the increase or decrease in the availability of foster homes at each level of care provided under that system as a result of implementation of that system. The department shall report its findings, conclusions, and recommendations to the governor and to the joint committee on finance by February 1, 2011.
(5) Foster parent training.
(a) Rules.
1. `Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 48.67 (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 48.67 (4) of the statutes, as created by this act, as emergency rules.
(6) Home visiting services; rules.
(a) Permanent rules. The department of children and families shall submit in proposed form the rules required under section 48.983 (2) of the statutes, as affected 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 paragraph.
(b) Emergency rules. Using the procedure under section 227.24 of the statutes, the department of children and families may promulgate the rules required under section 48.983 (2) of the statues, as affected by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.
(6f) Bill of rights for foster children. Notwithstanding section 48.648 (2) of the statutes, as created by this act, by no later than the first day of the 3rd month beginning after the effective date of this subsection, the department of children and families, a county department of human services or social services, or a licensed child welfare agency shall provide a written copy of the foster children's bill of rights to all children who on the day before the effective date of this subsection were in a foster home placement under the care and placement responsibility of that department, county department, or child welfare agency.
(7f) Child care quality rating system.
(a) Review by joint committee on finance. By June 30, 2011, the department of children and families shall submit to the joint committee on finance a specific plan for the implementation of the child care quality rating system under section 48.659 of the statutes, as created by this act. That plan shall include all of the following:
1. Various options for the design of the rating system. All of those options shall require the department to include in the rating system child care providers certified under section 48.651 of the statutes, as affected by this act.
2. Various options for quality assurance monitoring under the rating system.
3. Details of the estimated expenditures that will be made in providing the rating system, including the estimated expenditures that will be made for financial incentives to encourage child care providers to achieve a higher rating under the rating system.
4. The information and training that will be provided to child care providers participating in the rating system. That information and training shall include specific steps for quality improvement, which steps may not be limited merely to new licensure or certifications requirements.
5. A description of how the rating system will ensure that the quality rating information provided under the rating system will be made accessible, and presented in a way that is useful, to the child care providers that are rated under the rating system and the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from those providers.
6. The process for ongoing evaluation of the rating system. That process shall require the department to consider the input of child care providers and other participants in the programming provided of child care providers.
7. Any other information that is relevant to the implementation and administration of the rating system.
(b) Implementation of rating system. If the cochairpersons of the joint committee on finance do not notify the department of children and families that the committee has scheduled a meeting for the purpose of reviewing the plan submitted under paragraph (a) within 14 working days after the date of submittal of the plan, the department may implement the child care quality rating system under section 48.659 of the statutes, as created by this act, as provided in the plan. If, within 14 working days after the date of submittal of the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement that rating system only upon approval of the committee.
(8c) Contract provision regarding federal matching funds for child support incentive payments. The department of children and families shall include in each contract with a county child support agency under section 59.53 (5) of the statutes that commences on January 1, 2011, a provision that specifies that, if federal legislation is enacted on or after the date on which the contract commences that provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, the department will not pay any general purpose revenue from the appropriation under section 20.437 (2) (bc) of the statutes, as created by this act, for state child support incentive payments beginning on the effective date of the federal legislation.
(8f) Transfer of child care subsidy program administrative functions.
(a) Definitions. In this subsection:
1. "County" means a county having a population of 500,000 or more.
2. "County department" means the county department of social services under section 46.215 of the statutes in the county.
3. "Department" means the department of children and families.
(b) Transition plan. On the effective date of this paragraph, the county and the department shall begin the transition from the county to the department of administrative functions for the programs specified in section 49.826 (2) (a) of the statutes, as created by this act, and shall cooperate in the transition. The department shall develop a transition plan that includes the reporting, exchange of information, and staff deployment that the department needs and that the county department must provide for the transition. The secretary of administration shall resolve any disagreement between the department and the county or county department.
(c) Records. By January 15, 2010, the county shall transfer to the department all records in the possession of the county that are related to the administrative functions specified in section 49.826 (2) (a) of the statutes, as created by this act. The county department and the department shall jointly identify those records and jointly develop and implement a plan for the orderly transfer of the records.
(d) County administration. In calendar year 2009, the county shall continue to perform the administrative functions specified in section 49.826 (2) (a) of the statutes, as created by this act, as provided under any contracts requiring those administrative functions until the department notifies the county that it is prepared to assume responsibility for the administrative functions. The county and department shall contract with respect to any functions that the department requires the county to perform to assist the department in performing the administrative functions specified in section 49.826 (2) (a) of the statutes, as created by this act, for the years after 2009.
(e) Future operation. The department and county shall identify the standards required for county operation of the child care subsidy program under section 49.155 of the statutes in the county and initiate discussions regarding who shall operate the child care subsidy program in the county in the future and how the program shall be operated.
(f) Position increase. The authorized FTE positions for the department of children and families are increased by 7.0 FED positions, to be funded from the appropriation under section 20.437 (2) (mc) of the statutes, for the purpose of performing child care subsidy program functions.
(8q) Contract provision prohibiting certain job searches. The department of children and families shall include in each contract with a Wisconsin Works agency for the years 2010 and 2011 a provision that prohibits the agency from requiring a Wisconsin Works applicant or participant to conduct a job search prior to actual participation in Wisconsin Works such that the effect is to delay, during the job search, the individual's participation in and receipt of benefits under Wisconsin Works.
(8u) Milwaukee child welfare ombudsman. By January 1, 2010, the department of children and families shall submit to the joint committee on finance a plan for improving the effectiveness of the ombudsman contracted by that department in reviewing and resolving complaints concerning the bureau of Milwaukee child welfare in that department.
(8v) Foster care information funding. From the appropriation account under section 20.437 (1) (kx) of the statutes, the department of children and families shall expend $77,800 in each fiscal year of the fiscal biennium in which this subsection takes effect for the foster care public information campaign under section 48.47 (40) of the statutes, as created by this act.
(9k) Swipe card system. The department of children and families may request the joint committee on finance to take action under section 13.10 of the statutes to release funding from the committee's appropriation account under section 20.865 (4) (a) of the statutes for use by the department to implement a "swipe card" system to electronically record and monitor child care attendance in licensed child care facilities that receive reimbursement under the child care subsidy program under section 49.155 of the statutes, as affected by this act. Included with its request, the department shall provide a detailed plan of how the swipe card system would work and how the funds, if released, would be spent.
28,9109
Section 9109.
Nonstatutory provisions; Circuit Courts.
(1)
Court interpreter pilot program. Notwithstanding section 758.19 (8) (a) of the statutes, the director of state courts may create a 2-year pilot program under which the director of state courts may establish a schedule of payments and make payments to court interpreters who provide court interpretative services for the circuit courts in the 7th judicial administrative district. The director of state courts may pay for circuit court interpreter services under this subsection from the amount appropriated under section 20.625 (1) (c) of the statutes, as affected by this act, if the counties in the 7th judicial administrative district agree to forego reimbursement for court interpreter services allowed under section 758.19 (8) (a) of the statutes during the term of the pilot program.
28,9110
Section 9110.
Nonstatutory provisions; Commerce.
(3) Rural health development council transfer.
(a) Members. Notwithstanding section 15.917 (1) of the statutes, as affected by this act, any member who is serving on the rural health development council on the day before the effective date of this paragraph may continue to serve as a member of the council for the term for which the member was appointed or until his or her successor is appointed and qualified, whichever occurs later.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the rural health development council, as determined by the secretary of administration, is transferred to the University of Wisconsin System.
(c) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the rural health development council, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.
(4) Physician and dentist loan assistance program transfer.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the University of Wisconsin System.
(b) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.
(c) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the University of Wisconsin System.
(d) Rules and orders. All rules promulgated by the department of commerce primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the University of Wisconsin System. All orders issued by the department of commerce primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the University of Wisconsin System.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the physician and dentist loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System.
(5) Health care provider loan assistance program transfer.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, shall become the assets and liabilities of the University of Wisconsin System.
(b) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the health care provider loan assistance program, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.
(c) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph primarily related to the health care provider loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the University of Wisconsin System.
(d) Rules and orders. All rules promulgated by the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the University of Wisconsin System. All orders issued by the department of commerce primarily related to the health care provider loan assistance program, as determined by the secretary of administration, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the University of Wisconsin System.
(e) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the health care provider loan assistance program, as determined by the secretary of administration, is transferred to the University of Wisconsin System.
(6) Jobs tax benefit; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.2055 (5) (f) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(7) Jobs tax benefit; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.2055 (5) (f) of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.
(8) Forward innovation fund; emergency rules. The department of commerce may use the procedure under section 227.24 of the statutes to promulgate rules under section 560.301 of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2010, 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(9) Forward innovation fund; economic impact report. Notwithstanding sections 227.137 (2) and 227.138 (2) of the statutes, if the secretary of administration requires the department of commerce to prepare an economic impact report for the rules required under section 560.301 of the statutes, as created by this act, the department may submit the proposed rules to the legislature for review under section 227.19 (2) of the statutes before the department completes the economic impact report and before the department receives a copy of the report and approval under section 227.138 (2) of the statutes.
(10q) WiSys Technology Foundation, Inc., grant. In each of the fiscal years 2009-10 and 2010-11, from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, the department of commerce shall award to the WiSys Technology Foundation, Inc., a grant of not less than $50,000, for providing intellectual property management services to the University of Wisconsin-Extension and all University of Wisconsin institutions and colleges other than the University of Wisconsin-Madison and the University of Wisconsin-Milwaukee.
(11f) Commercial construction erosion control functions.
(a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.
(b) On or before the first day of the 7th month beginning after the effective date of this subsection, the department of commerce and the department of natural resources shall enter into a memorandum of understanding concerning the transfer of responsibilities relating to commercial building site erosion control from the department of commerce to the department of natural resources. The memorandum of understanding shall include all of the following:
1. The procedure that the department of commerce and the department of natural resources will use to transfer the responsibilities and records relating to erosion control at commercial building sites from the department of commerce to the department of natural resources.
2. The procedure that the department of commerce and the department of natural resources will use to coordinate the responsibilities of the department of natural resources relating to commercial building site erosion control under section 281.33 (3m) of the statutes, as affected by this act, with the responsibilities of the department of commerce relating to the review of essential drawings, calculations, and specifications under section 101.12 of the statutes and to construction site erosion control for one- and 2-family dwellings under section 101.653 of the statutes.
3. The procedure that the department of commerce will use to notify the department of natural resources when the department of commerce receives commercial building plans that may require an erosion control plan.
4. The procedure that the department of natural resources will use to notify the department of commerce when the department of natural resources receives an erosion control plan or a notice of such a plan for commercial building sites.
5. The procedure that the department of natural resources and the department of commerce will use to coordinate the training of building inspectors who are authorized to conduct soil erosion or construction inspections at commercial building sites.
(c) The rules promulgated, and orders issued, by the department of commerce under section 101.1205, 2007 stats., relating to erosion control, sediment control, and storm water management for commercial building sites that are in effect on the effective date of this paragraph shall be considered rules and orders of the department of natural resources on the first day of the 7th month beginning after the effective date of this paragraph and shall remain in effect until rules are promulgated by the department of natural resources under section 281.33 (3m) of the statutes, as affected by this act, relating to erosion control, sediment control, and storm water management for commercial building sites. Any fees collected by the department of natural resources as authorized under the rules promulgated under section 101.1205, 2007 stats., shall be credited to the appropriation under section 20.370 (4) (bj) of the statutes, as affected by this act.
(d) Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 101.1205, 2007 stats., is transferred to the department of natural resources, and all materials submitted to or actions taken by the department of commerce with respect to the pending matter are considered as having been submitted to or taken by the department of natural resources.
(e) Any delegation of the authority to act under section 101.1205 (4), 2007 stats., made by the department of commerce to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of natural resources.
