(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University of Wisconsin System shall carry out any obligations under such a contract until the contract is modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.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on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the University of Wisconsin System.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on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the University of Wisconsin System.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.
(f) The department of natural resources shall submit in proposed form the rules required under section 281.33 (3m) (h) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than January 1, 2011.
(11r) Report on at-risk businesses and creation of emergency response team. Not later than 30 days after the effective date of this subsection, the department of commerce shall submit to the cochairpersons of the joint committee on finance a report that identifies retention methods the department could use to identify companies at risk for relocation or expansion outside of this state and that includes a plan to identify businesses outside of this state that are seeking to relocate or expand, or that could be encouraged to relocate or expand through the use of incentives. The department of commerce shall also develop an emergency response team that could contact prospects for expansion or relocation within 24 hours after notification.
(11u) Diesel truck idling reduction; federal moneys. If the department of commerce receives federal moneys under P.L.
111-5 that may be used to award grants under section 560.125 (4) of the statutes, as affected by this act, the department shall expend the federal moneys before expending moneys appropriated under section 20.143 (3) (sm) of the statutes, as affected by this act. When expending federal moneys received under P.L.
111-5 for diesel emission reduction activities, the department of commerce shall, to the extent permitted under federal law, give priority to diesel truck idling reduction activities for motor carriers eligible for grants under section 560.125 (4) of the statutes, as affected by this act. Notwithstanding section 20.143 (3) (sm) of the statutes, as affected by this act, and section 560.125 (2) and (4) (cm) of the statutes, as affected by this act, in fiscal year 2010-11, the department of commerce may not award a grant from the appropriation under section 20.143 (3) (sm) of the statutes, as affected by this act, unless the total amount of federal funds awarded in the 2009-11 fiscal biennium by the department of commerce and the department of natural resources for eligible costs under section 560.125 (4) (a) and (b) of the statutes is less than $2,000,000, in which case the department of commerce may award grants the total amount of which may not exceed the difference between the total amount of federal funds awarded by the department of commerce and the department of natural resources for eligible costs under section 560.125 (4) (a) and (b) of the statutes and $2,000,000. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2011-13 biennial budget bill, the department of commerce shall submit information concerning the appropriation under section 20.143 (3) (sm) of the statutes, as affected by this act, as though the amount appropriated to the department under section 20.143 (3) (sm) of the statutes, as affected by this act, in fiscal year 2010-11 were $1,000,000.
(12h) Beloit children's playground grant. From the appropriation account under section 20.143 (1) (qm) of the statutes, as affected by this act, the department of commerce shall award a grant not to exceed $50,000 to the town of Beloit to pay for 50 percent of the costs of constructing a children's playground at Preservation Park.
(12u) Transitional housing and shelter grants. Notwithstanding section 20.143 (2) (fm) of the statutes, as affected by this act, and sections 560.9806 (2) (a) and 560.9808 (2) (a) of the statutes, in each fiscal year of the 2009-11 fiscal biennium, the department of commerce shall award $500,000 in grants under sections 560.9806 (2) (a) and 560.9808 (2) (a) of the statutes from the appropriation account under section 20.143 (2) (b) of the statutes, as affected by this act, except to the extent that the award of the grants from the appropriation account under section 20.143 (2) (b) of the statutes, as affected by this act, reduces the eligibility of the state or the department of commerce for federal funding.
(13u) Rural outsourcing grants. From the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes, as affected by this act, the department of commerce may award grants during the 2009-11 fiscal biennium to businesses for outsourcing work to rural areas of this state. The department shall require grantees to obtain funding from sources other than the state in an amount at least equal to the amount of the grant. The total amount of grants awarded under this subsection may not exceed $250,000. The department may promulgate rules necessary to administer this subsection.
(14u) Value supply chain grants. From the appropriation under section 20.143 (1) (bt) of the statutes, as created by this act, the department of commerce shall award grants for the development of a value supply chain for the state based on regional economies to identify where supply chain gaps exist and how Wisconsin businesses can fill the gaps. The department may promulgate rules necessary to administer this subsection.
(15u) Economic competitiveness study. In fiscal year 2009-10, using funds from the appropriations under section 20.143 (1) (ie), (ig), (im), and (ir) of the statutes, as affected by this act, the department of commerce shall enter into a contract with a nationally recognized organization to conduct a national and international competitiveness study of the state's economy. The department shall allocate $50,000 for the study under this subsection. The study shall be submitted to the governor and to the legislature under s. 13.172 (2) no later than January 1, 2011. The department may promulgate rules necessary to administer this subsection.
(16i) Grant to Oneida Seven Generations Corporation. In each fiscal year of the 2009-11 fiscal biennium, the department of commerce shall award a grant to Oneida Seven Generations Corporation from funds that were encumbered in the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, under section 560.138 of the statutes, as affected by this act, but were not disbursed for grants to Oneida Small Business, Inc., and Project 2000. The amount of each grant shall equal $1,000,000 or one-half of the total amount of funds that were encumbered but not disbursed, whichever is less. The department of commerce shall require Oneida Seven Generations Corporation to do all of the following:
(a) Submit project-specific plans to the department of commerce detailing the proposed use of the grants for approval by the secretary of commerce.
(b) Submit a statement to the department of commerce indicating that Oneida Seven Generations Corporation will obtain matching funds in an amount not less than 25 percent of the amount of each grant from sources other than the state for the proposed use indicated in the plans under paragraph (a).
(c) Enter into a written agreement with the department of commerce specifying conditions for the use of the proceeds of the grants, including reporting and auditing requirements, and requiring Oneida Seven Generations Corporation to submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the proceeds of the grants were used.
(16u) Emergency rules. The department of commerce may promulgate rules implementing sections 560.255 and 560.45 of the statutes, as created by this act, and under Section 9110
(13u), (14u)
, and (15u) of this act, as emergency rules under section 227.24 of the statutes. 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.
(17q) Grant to Pleasant Prairie Technology Incubator Center. In the 2011-13 fiscal biennium, but not later than July 31, 2011, from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, the department of commerce shall award to Pleasant Prairie Technology Incubator Center a grant of $7
00,000, if Pleasant Prairie Technology Incubator Center obtains at least an additional $7
00,000 in funding from sources other than the state and enters into a written agreement with the department of commerce that does all of the following:
(a) Specifies conditions for the use of the proceeds of the grant, including reporting and auditing requirements.
(b) Requires Pleasant Prairie Technology Incubator Center to submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the proceeds of the grant were used.
(17r) Contractor registration rules. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate rules required under section 101.147 (2) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 101.147 (2) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of commerce 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.
(18f) Region one development manager. Not later than October 1, 2009, the department of commerce shall fill the position of region one development manager.
28,9111
Section 9111.
Nonstatutory provisions; Corrections.
(2d) Reports to joint committee on finance. By January 4, 2010, the department of corrections shall submit to the cochairpersons of the joint committee on finance the following reports:
(a) A feasibility study and cost analysis for providing all correctional officers with a minimum of 16 hours of training in managing mentally ill inmates that is based on the Crisis Intervention Team Model best practices for correctional officer intervention with persons who may have a mental illness.
(b) A feasibility study and cost analysis for implementing, consistent with the National Commission on Correctional Health Care standards, screening methods of identifying current inmates with developmental disabilities, as defined under section 51.01 (5) (a) of the statutes, implementing tests to further evaluate inmates who are identified as potentially developmentally disabled, and integrating appropriate screening methods for developmental disabilities into the prisoner intake and transfer process.
(c) A feasibility study and cost analysis for providing appropriate services, support, and rehabilitation for inmates with developmental disabilities, as defined under section 51.01 (5) (a) of the statutes, including the costs of providing those services, support, and rehabilitation in existing facilities or housing units for the inmates whose levels of functioning permits placement in facilities or housing units and the costs of creating a separate special housing unit for the inmates whose needs require placement within an existing correctional facility.
(d) A feasibility study and cost analysis for a plan under which all controlled medications at all department of corrections facilities are distributed by trained medical personnel with credentials at least equal to credentials of licensed practical nurses under section 441.10 of the statutes.
(2i) Juvenile correctional services deficit. The department of corrections and the department of administration shall jointly devise a statutory mechanism to address future deficits in the appropriation account under section 20.410 (3) (hm) of the statutes, as affected by this act. Those departments shall submit to the joint committee on finance a report on that mechanism, which shall include any proposed legislation that is necessary to implement that mechanism, by September 30, 2009.
(2j) Youth aids funding decrease. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes, as affected by this act, for purposes of the 2011-13 biennial budget bill, the department of corrections shall submit information concerning the appropriation under section 20.410 (3) (cd) of the statutes as though the amount appropriated to the department under that appropriation for fiscal year 2010-11 had been the same as the amount appropriated to the department under that appropriation for fiscal year 2008-09.
(2k) Juvenile correctional services comprehensive review. The department of corrections and the department of administration, together with any other state agency that provides services that are relevant to the the provision of juvenile correctional services, shall jointly conduct a comprehensive review of the juvenile correctional services provided in this state and of the funding of those services. As part of that review, those departments and other state agencies shall make an inventory of all of the juvenile correctional services provided by counties and nonprofit organizations in this state and shall provide a description of the mental health and alcohol and other drug abuse services that are available to juveniles who are placed in Type 1 juvenile correctional facilities, as defined in section 938.02 (19) of the statutes. In conducting the review, those departments and other state agencies shall include the participation of youth counselors who work directly with juveniles who are placed at the Ethan Allen School, the Lincoln Hills School, and the Southern Oaks Girls School.
(3x) Book donations prohibition. Within 60 days after the effective date of this subsection the department of corrections shall submit to the cochairpersons of the joint committee on finance a report demonstrating that the department of corrections has eliminated all prohibitions on inmates receiving donated books.
(12f) Council on offender reentry. Notwithstanding the length of terms specified in section 15.145 (5) of the statutes, as created by this act, the governor shall appoint the members under section 15.145 (5) (a) to (e) of the statutes, as created by this act, for terms ending on July 1, 2011, and shall appoint the members under section 15.145 (5) (f) to (j) of the statutes, as created by this act, for terms ending on July 1, 2012; the director of state courts shall appoint the member under section 15.145 (5) (intro.) of the statutes, as created by this act, for a term ending on July 1, 2011; and the secretary of corrections shall appoint the member under section 15.145 (5) (intro.) of the statutes, as created by this act, for a term ending on July 1, 2012. The appointments shall occur by the first day of the 2nd month beginning after the effective date of this subsection.
(12g) Earned release and challenge incarceration program. The department of corrections shall
, by December 31, 2009, submit a report to the joint committee on finance that explains how the department has implemented the expansions of the programs under sections 302.045 and 302.05 of the statutes. The report shall specify the types of programs the department offers under those sections, the length of each program, and the number of participants in each program and shall name the facility where each program is operated.
28,9113
Section 9113.
Nonstatutory provisions; District Attorneys.
(1) District attorney position; St. Croix County. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $82,700 in fiscal year 2009-10 and $84,400 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County.
(2) District attorney position; Chippewa County. From the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration shall expend $24,750 in fiscal year 2009-10 and $25,400 in fiscal year 2010-11 to fund 0.25 assistant district attorney position in Chippewa County.
(3) Prosecution of drug crimes; St. Croix County. From the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice shall expend $103,000 in fiscal year 2009-10 and $106,000 in fiscal year 2010-11 to fund 1.0 assistant district attorney position in St. Croix County to prosecute criminal violations of chapter 961 of the statutes.
(4) Prosecution of drug crimes; Milwaukee County. From the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $153,250 in fiscal year 2009-10 and $158,250 in fiscal year 2010-11 to fund 2.0 assistant district attorney positions in Milwaukee County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.
(5) Prosecution of drug crimes; Dane County. From the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice, and from the appropriation account under section 20.505 (6) (p) of the statutes, the office of justice assistance in the department of administration, shall expend $85,000 in fiscal year 2009-10 and $87,500 in fiscal year 2010-11 to fund 0.75 assistant district attorney position in Dane County to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.
(6x) Agency request relating to general program operations. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purpose of the 2011-13 biennial budget bill, the department of administration shall submit information concerning the appropriation under section 20.475 (1) (d) of the statutes, as though the amounts appropriated to the department under that appropriation for fiscal year 2010-11 were $9,139,700 more than the amounts in the schedule.
28,9115
Section 9115.
Nonstatutory provisions; Employee Trust Funds.
(1x) Supplemental appropriations for department of employee trust funds. During the 2009-11 fiscal biennium, the secretary of employee trust funds may submit one or more requests to the joint committee on finance to supplement the appropriation under section 20.515 (1) (w) of the statutes from the appropriation account under section 20.865 (4) (u) of the statutes for additional agency funding and authorized positions. Before submitting a request under this subsection, the secretary shall develop a methodology for determining the number of authorized positions the department of employee trust funds requires to exercise its powers and perform its duties under chapter 40 of the statutes. If the secretary intends to request additional authorized positions beyond the number derived from the methodology, the employee trust funds board must first approve the request before the secretary submits the request to the joint committee on finance. Any request submitted under this subsection shall be submitted by the applicable due date for agency requests for any of the joint committee on finance's quarterly meetings under section 13.10 of the statutes and shall also include the methodology used by the secretary. Notwithstanding section 13.101 (3) of the statutes, the joint committee on finance is not required to find that an emergency exists prior to making the supplementation under this subsection.
28,9122
Section 9122.
Nonstatutory provisions; Health Services.
(1) Transfer of food and hunger prevention programs.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of health services.
(b) Employee transfers. The classified positions, and incumbent employees holding positions, in the department of children and families that are funded with general purpose revenue or program revenue and are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, are transferred to the department of health services.
(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health services that they enjoyed in the department of children and families 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.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of children and families that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall be transferred to the department of health services.
(e) Contracts. All contracts entered into by the department of health and family services, before July 1, 2008, or by the department of children and families that are in effect on the effective date of this paragraph and that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any such contractual obligations unless modified or rescinded by the department of health services to the extent allowed under the contract.
(f) Pending matters. Any matter pending with the department of children and families on the effective date of this paragraph that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, is transferred to the department of health services and all materials submitted to or actions taken by the department of children and families with respect to the pending matter are considered as having been submitted to or taken by the department of health services.
(g) Rules and orders. All administrative rules that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of health and family services, before July 1, 2008, or by the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.
(2)
Personal care provider agency; rules. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules establishing criteria for certification of agencies that provide personal care services under the Medical Assistance Program, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department 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.
(3) Quality home care; rules. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules under section 46.2898 (7) of the statutes, as created by this act, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department 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.
(3f) Quality home care; county participation. For purposes of section 46.2898 (1) (cm) 1. a., (2) (b) and (c), and (4) of the statutes, as created by this act, a county in which an organization received a grant under section 46.48 (9), 2007 stats., is considered to act under section 46.2898 (2) (a) of the statutes, as created by this act, if the county department of human services notifies the Wisconsin Quality Home Care Authority of its intent to follow procedures under section 46.2898 of the statutes, as created by this act.
(4) Federal Medical Assistance percentages.
(a) If permitted under federal law, and notwithstanding section 49.45 (25) and (41) of the statutes, as affected by this act, and section 49.45 (30), (30e), (39) (b), and (45) of the statutes, for Medical Assistance services under section 49.45 (25) and (41) of the statutes, as affected by this act, and section 49.45 (30), (30e), (39) (b), and (45) of the statutes, for which the department of health services disburses to the provider the federal share, or a percentage of the federal share, of allowable costs for providing the service, the percentages used to determine the federal share shall be the following, regardless of whether the federal government increases the percentages:
1. For services provided during the period from October 1, 2008, through September 30, 2009, the federal Medical Assistance percentages for federal fiscal year 2009 that are published in the federal register on November 28, 2007, on pages 67304 to 67306.
2. For services provided during the period from October 1, 2009, through December 31, 2010, the federal Medical Assistance percentages for federal fiscal year 2010 that are published in the federal register on November 26, 2008, on pages 72051 to 72053.
(b) For services under section 49.45 (30m) (a) 1. of the statutes, the department of health services shall calculate the portion of the payment that is not provided by the federal government, and that the county shall provide, using the applicable federal Medical Assistance percentages under paragraph (a) 1. and 2.
(cq) For services under section 49.45 (30r) of the statutes, as created by this act, the department of health services shall calculate the portion of the payment that is not provided by the federal government, and that the county shall provide, using the federal Medical Assistance percentage that is applicable when the service is provided.
(4f) Medical assistance transportation manager reports.
(a) Before contracting with an entity to provide management services for transportation to obtain nonemergency medical care, as specified under section 49.46 (2) (b) 3. of the statutes, as affected by this act, the department of health services shall submit a report to the joint committee on finance that describes the steps taken by the department of health services to guarantee that the entity with which the department of health services contracts will be required to do all of the following:
1. Coordinate management activities, on an ongoing basis, with existing local transit systems.
2. Guarantee adequate access, as defined by the department of health services, to nonemergency medical transportation services for medical assistance recipients throughout the state, including in rural counties.
(b) 1. In this paragraph, "transportation manager" means the entity with which the department of health services contracts to provide management for transportation services under section 49.46 (2) (b) 3. of the statutes, as affected by this act.
2. Before January 31, 2011, the department of health services shall prepare and submit to the joint committee on finance a report that analyzes all of the following:
a. Whether, through December 31, 2010, the transportation manager achieved savings or other efficiencies in the delivery of transportation services to medical assistance recipients.
b. Whether the transportation manager helped enable the state to claim additional federal financial participation for common carrier services.
c. How the transportation manager affected access to services for medical assistance recipients statewide.
(4q) Family Care expansion to Langlade County. (a) The department of health services shall contract with an entity to provide the services under section 46.283 (3) of the statutes and section 46.283 (4) of the statutes, as affected by this act, as a resource center such that services of a resource center are available to residents of Langlade County on May 1, 2010.
