Amendment ASA1-AB40

AB40-ASA1,1438,24 (4) Transfer of certain administrative positions from the department of commerce.

AB40-ASA1,1439,4 (a) The positions, and the incumbent employees holding those positions, in the division of administrative services in the department of commerce that the secretary of administration determines shall be transferred to the department of safety and professional services, are transferred on the effective date of this paragraph.

AB40-ASA1,1439,10 (b) Employees transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the department of commerce 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.

AB40-ASA1,1439,11 (6) Economic development transfer.

AB40-ASA1,1439,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the Wisconsin Economic Development Corporation.

AB40-ASA1,1439,25 (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 department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., except the tangible personal property, including records, transferred to the department of agriculture, trade and consumer protection under subsection (7 ) (a) and except the tangible personal property, including records, transferred to the department of administration under subsection (8) (b), as determined by the secretary of administration, is transferred to the Wisconsin Economic Development Corporation.

AB40-ASA1,1440,8 (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 department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the Wisconsin Economic Development Corporation. The Wisconsin Economic Development Corporation shall carry out any obligations under such a contract until the contract is modified or rescinded by the Wisconsin Economic Development Corporation to the extent allowed under the contract.

AB40-ASA1,1440,9 (7) Investment tax credits; transfer.

AB40-ASA1,1440,15 (a) 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 department of commerce with respect to sections 560.2056, 560.207, 560.208, and 560.209, 2009 stats., as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.

AB40-ASA1,1440,20 (b) Rules. All rules promulgated by the department of commerce under sections 560.2056 (4), 560.207 (4), 560.208 (4), and 560.209 (4), 2009 stats., 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 department of agriculture, trade and consumer protection.

AB40-ASA1,1440,21 (8) Rural hospital loan guarantee; transfer.

AB40-ASA1,1441,2 (a) 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 department of commerce with respect to section 231.35, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40-ASA1,1441,6 (b) Rules. All rules promulgated by the department of commerce under section 231.35 (7), 2009 stats., 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 department of administration.

AB40-ASA1,1441,7 (8q) Electronic medical records credit; transfer.

AB40-ASA1,1441,12 (a) 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 department of commerce with respect to section 560.204, 2009 stats., as determined by the secretary of administration, is transferred to the department of revenue.

AB40-ASA1,1441,16 (b) Rules. All rules promulgated by the department of commerce under section 560.204 (4), 2009 stats., 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 department of revenue.

AB40-ASA1,1441,17 (9u) Relocation assistance transfer.

AB40-ASA1,1441,22 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB40-ASA1,1442,2 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of commerce performing duties primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of administration.

AB40-ASA1,1442,8 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of commerce 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.

AB40-ASA1,1442,13 (d) 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 department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40-ASA1,1442,20 (e) 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 department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB40-ASA1,1443,3 (f) Rules and orders. All rules promulgated by the department of commerce under sections 32.19 to 32.27, 2009 stats., 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 administration. All orders issued by the department of commerce relating to the functions of the department under sections 32.19 to 32.27, 2009 stats., 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 dates or until modified or rescinded by the department of administration.

AB40-ASA1,1443,10 (g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to the functions of the department under sections 32.19 to 32.27, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of administration.

AB40-ASA1, s. 9111 Section 9111. Nonstatutory provisions; Corrections.

AB40-ASA1,1443,17 (1u) Report; nursing services. The secretary of corrections shall, before October 1, 2011, submit a report to the joint committee on finance that identifies the number of nursing staff and associated costs for each correctional facility in fiscal years 2009-10 and 2010-11 and that summarizes each contract for nursing services entered into by the department of corrections in or for fiscal years 2009-10 and 2010-11.

AB40-ASA1,1443,18 (2q) Department report on juvenile corrections.

AB40-ASA1,1443,22 (a) In this subsection, "juvenile correctional services" includes those services for which section 301.26 (4) (d) 2. and 3. of the statutes, as affected by this act, provides daily cost assessments to counties and any other juvenile-delinquency-related care or services provided by counties or the state.

AB40-ASA1,1444,2 (b) No later than June 30, 2012, the department of corrections shall submit to the chief clerk of each house of the legislature, for distribution to the legislature under section 13.172 (2) of the statutes, a report on juvenile correctional services provided to juveniles that includes all of the following:

AB40-ASA1,1444,3 1. A list of all providers of juvenile correctional services.

AB40-ASA1,1444,5 2. The number of juveniles receiving juvenile correctional services and whether each juvenile was supervised by a county or the state.

AB40-ASA1,1444,6 3. An accounting of the costs of the juvenile correctional services provided.

AB40-ASA1, s. 9112 Section 9112. Nonstatutory provisions; Court of Appeals.

AB40-ASA1, s. 9113 Section 9113. Nonstatutory provisions; District Attorneys.

AB40-ASA1,1445,5 (3c) Assistant district attorney pay progression plan. The Association of State Prosecutors and the director of the office of state employment relations shall develop a pay progression plan for attorneys who are included in the collective bargaining unit under section 111.825 (2) (d) of the statutes, to be funded from any salary savings resulting from hiring new attorneys to fill the positions of attorneys who retired from state employment during the period that begins on January 1, 2011, and ends on June 30, 2013. The plan shall include a detailed description of how a pay progression system would be structured and administered and the fiscal cost of the pay progression system in the 2011-13 fiscal biennium, by fund source, and the projected costs of the pay progression system in the succeeding 4 fiscal biennia. Before October 1, 2011, the Association of State Prosecutors and the director of the office of state employment relations shall submit the proposed plan to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the Association of State Prosecutors and the director of the office of state employment relations within 14 working days after the date of the submittal of the plan that the committee has scheduled a meeting to review the plan, the plan may be implemented as proposed by the Association of State Prosecutors and the director of the office of state employment relations. If, within 14 days after the date of the submittal of the plan, the cochairpersons of the committee notify the Association of State Prosecutors and the director of the office of state employment relations that the committee has scheduled a meeting to review the plan, the plan may only be implemented as approved by the committee.

AB40-ASA1, s. 9114 Section 9114. Nonstatutory provisions; Educational Communications Board.

AB40-ASA1, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB40-ASA1,1446,2 (1q) Supplemental appropriations for department of employee trust funds. During the 2011-13 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. Any request shall include a detailed expenditure plan and a description of how the plan addresses increasing workload and service improvements and a request for additional positions shall be consistent with the methodology developed under 2009 Wisconsin Act 28, section 9115 (1x). 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.

AB40-ASA1,1446,9 (2q) Supplemental appropriations for audit of dependent eligibility under benefit programs administered by the department of employee trust funds. The joint committee on finance may supplement, from the appropriation under section 20.865 (4) (u) of the statutes, the appropriation under section 20.515 (1) (w) of the statutes for the purpose of conducting an audit of dependent eligibility under benefit programs administered by the department of employee trust funds if all of the following occur:

AB40-ASA1,1446,13 (a) The department of employee trust funds submits a report to the joint committee on finance on the results of any pilot survey relating to dependent eligibility and provides a detailed budget for a full audit of dependent eligibility under benefit programs administered by the department.

AB40-ASA1,1446,17 (b) The department of employee trust funds submits a request to the joint committee on finance to supplement the appropriation under section 20.515 (1) (w) of the statutes for the purpose of conducting an audit of dependent eligibility under benefit programs administered by the department.

AB40-ASA1,1446,25 (c) The cochairpersons of the joint committee on finance do not notify the department of employee trust funds that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the receipt of the request. If, within 14 working days after the date of the receipt of the request, however, the cochairpersons of the committee notify the department of employee trust funds that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.

AB40-ASA1,1447,1 (3q) Modifications to Wisconsin Retirement System.

AB40-ASA1,1447,6 (a) The secretary of administration, the director of the office of state employment relations, and the secretary of employee trust funds shall study the structure of the Wisconsin Retirement System and benefits provided under the Wisconsin Retirement System. The study shall specifically address the following issues:

AB40-ASA1,1447,8 1. Establishing a defined contribution plan as an option for participating employees, as defined in section 40.02 (46) of the statutes.

AB40-ASA1,1447,12 2. Permitting employees to not make employee required contributions under section 40.05 (1) (a) of the statutes and limiting retirement benefits for employees who do not make employee required contributions to a money purchase annuity calculated under section 40.23 (3) of the statutes.

AB40-ASA1,1447,16 (b) No later than June 30, 2012, the secretary of administration, the director of the office of state employment relations, and the secretary of employee trust funds shall report their findings and recommendations to the governor and the joint committee on finance.

AB40-ASA1,1448,2 (4q) Promulgation of emergency rules for determination of eligibility to participate in the Wisconsin Retirement System. The department of employee trust funds may use the procedure under section 227.24 of the statutes to promulgate rules under section 40.22 (2) (am) 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, 2012, 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.

AB40-ASA1,1448,7 (6j) Group insurance board study of assisted births in nonhospital settings. The group insurance board shall study the feasibility of including in the uniform benefits of state employee health insurance coverage the costs of certified nurse-midwife services to assist in births at home or at stand-alone birth centers, for health insurance coverage beginning on January 1, 2012.

AB40-ASA1, s. 9116 Section 9116. Nonstatutory provisions; Employment Relations Commission.

AB40-ASA1, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB40-ASA1, s. 9118 Section 9118. Nonstatutory provisions; Government Accountability Board.

AB40-ASA1,1449,2 (1q) Review of proposed expenditures for outreach and public information. No later than July 1, 2011, and before making any expenditures under section 7.08 (12) of the statutes or 2011 Wisconsin Act 23, section 144 (1), for the purpose of outreach or public information, the government accountability board shall transmit to the cochairpersons of the joint committee on finance in writing a plan identifying the specific proposed purposes for the expenditures and proposed amounts to be expended for each specific purpose. If the cochairpersons of the committee do not notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of the board's submittal of the plan to the cochairpersons, the board may make the proposed expenditures identified in the plan. If, within 14 working days after the date of the board's submittal, the cochairpersons notify the board that the committee has scheduled a meeting for the purpose of reviewing the plan, the board shall not make any expenditures for the purpose of outreach or public information as identified in this subsection without the approval of the committee.

AB40-ASA1, s. 9119 Section 9119. Nonstatutory provisions; Governor.

AB40-ASA1, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40-ASA1, s. 9121 Section 9121. Nonstatutory provisions; Health Services.

AB40-ASA1,1449,6 (1g) Long-term care services cap.

AB40-ASA1,1449,7 (a) Definitions. In this subsection and subsections (2g) and (3g):

AB40-ASA1,1449,8 1. "Department" means the department of health services.

AB40-ASA1,1449,11 2. "Family care partnership program" means an integrated health and long-term care program operated under an amendment to the state medical assistance plan, as authorized in 42 USC 1396n (i).

AB40-ASA1,1449,13 3. "Family care program" means the benefit program under section 46.286 of the statutes.

AB40-ASA1,1449,17 4. "Institutional facility" means a nursing home under section 50.01 (3) of the statutes, an intermediate care facility for persons with mental retardation under section 50.14 (1) (b) of the statutes, or a center for the developmentally disabled under section 51.01 (3) of the statutes.

AB40-ASA1,1449,19 5. "Long-term care program" means any of the following that are available in a county on June 30, 2011, or the effective date of this subdivision, whichever is later:

AB40-ASA1,1449,20 a. The family care program.

AB40-ASA1,1449,21 b. The self-directed services option.

AB40-ASA1,1449,22 c. The family care partnership program.

AB40-ASA1,1449,23 d. The program for all-inclusive care for the elderly under 42 USC 1396u-4.

AB40-ASA1,1450,2 6. "Resource center" has the meaning given under section 46.2805 (10) of the statutes.

AB40-ASA1,1450,4 7. "Resource center service area" means the geographical area prescribed for a resource center by the department.

AB40-ASA1,1450,8 8. "Self-directed services option" means the program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) that allows participants to self-manage publicly funded long-term care services.

AB40-ASA1,1450,9 (b) Enrollment cap.

AB40-ASA1,1450,17 1. Notwithstanding section 46.286 (3) of the statutes and subject to subdivision 2. and paragraph (c), the department may not enroll more individuals in long-term care programs in a resource center service area than the number of individuals enrolled in long-term care programs in that resource center service area on June 30, 2011, or the effective date of this subdivision, whichever is later. This subdivision does not authorize the department to enroll an individual in a long-term care program that is not available in the individual's county of residence. This subdivision does not apply after June 30, 2013.

AB40-ASA1,1450,20 2. Individuals enrolled in a long-term care program under paragraph (c) are not counted for the purpose of determining the number of individuals enrolled in long-term care programs in a resource center service area under subdivision 1.

AB40-ASA1,1450,24 3. A month during which subdivision 1. is in effect is not counted for purposes of determining the date under section 46.286 (3) (c) of the statutes by which the department must assure that there is sufficient capacity in care management organizations to provide the family care benefit to all entitled individuals in a county.

AB40-ASA1,1451,3 (c) Exception to the enrollment cap. The department may enroll an individual who is relocating from an institutional facility in a long-term care program if any of the following applies:

AB40-ASA1,1451,4 1. The individual has resided at the institutional facility for at least 90 days.

AB40-ASA1,1451,6 2. The department removes the individual from the institutional facility under section 50.03 (5m) (a) of the statutes.

AB40-ASA1,1451,8 3. The institutional facility is closing or relocating residents under section 50.03 (14) of the statutes.

AB40-ASA1,1451,9 4. The institutional facility is not licensed to operate in this state.

AB40-ASA1,1451,11 5. The individual is relocated due to an emergency, as determined by the department.

AB40-ASA1,1451,12 (2g) Family care benefit emergency funding.

AB40-ASA1,1451,19 (a) 2011-13 biennium. The department may expend $12,639,000 in fiscal year 2011-12 and $12,600,800 in fiscal year 2012-13 to provide the long-term care services and support items that are offered under the family care program to individuals who are on a waiting list for a long-term care program and who are in urgent need of long-term care services, as determined by the department. The department may provide services and support items to an individual under this paragraph until the individual is permanently enrolled in a long-term care program.

AB40-ASA1,1451,25 (b) 2013-15 biennium. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2013-15 biennial budget bill, the department shall submit information concerning the appropriation under section 20.435 (4) (b) of the statutes as though the increases in the dollar amounts of that appropriation for the purposes of paragraph (a) had not been made.

AB40-ASA1,1452,11 (3g) Long-term care cost-effectiveness study. The secretary of the department shall study the cost-effectiveness of the family care program, the family care partnership program, the self-directed services option, and the program for all-inclusive care for the elderly under 42 USC 1396u-4. The study shall compare the cost-effectiveness of each program to each of the other programs; the cost-effectiveness of each program to the benefits provided to medical assistance recipients under section 49.46 (2) (a) and (b) of the statutes; and the cost-effectiveness of the care that individuals receive before they enroll in a long-term care program to the care that the individuals receive in a long-term care program. The department shall submit the findings of its study to the joint committee on finance by March 1, 2012.

AB40-ASA1,1452,18 (5) Expansion of Family Care. Beginning on July 1, 2011, and ending on June 30, 2013, the department of health services may not propose to contract with entities to administer the family care benefit, as described in section 46.286 of the statutes, in a county in which the family care benefit is not available on July 1, 2011, unless the department of health services determines that administering the family care benefit in such a county would be more cost-effective than the county's current mechanism for delivering long-term care services.

AB40-ASA1,1452,19 (6u) Income maintenance program administration; multicounty consortia.

AB40-ASA1,1452,20 (a) In this subsection:

AB40-ASA1,1452,21 1. "Department" means the department of health services.

AB40-ASA1,1452,23 2. "Income maintenance program" has the meaning given in section 49.78 (1) (b) of the statutes.