(2) Emergency rules regarding fees from persons on probation, parole, or extended supervision. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 304.074 (5) of the statutes and that set rates under section 304.074 (2) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 304.074 (2) of the statutes, the rules shall require the department to have a goal of receiving at least $2 per day, if appropriate, from each person who is on probation, parole, or extended supervision and who is not under administrative supervision, as defined in section 304.74 (1) (a) of the statutes, or minimum supervision, as defined in section 304.74 (1) (b) 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(3) Emergency rules regarding prisoner copayments for medical and dental care. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services. 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 the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(4q) Supermax conversion. The department of corrections, in cooperation with the department of administration, shall conduct a study of the conversion of the correctional institution established under section 301.16 (1n) of the statutes from a supermax-level security institution to an institution with supermax-level security beds and maximum security beds. The study shall include a discussion of the operational costs for the redesigned institution. The department of corrections shall report its findings, conclusions, and recommendations to the building commission for potential inclusion in the commission's biennial budget recommendations under section 13.48 (7) of the statutes for 2003.
109,9115
Section 9115.
Nonstatutory provisions; elections board.
(2v) Wisconsin election campaign fund balance transfer. The balances in all accounts within the Wisconsin election campaign fund on the effective date of this subsection are credited to the general account of the Wisconsin election campaign fund established under section 11.50 (2w) of the statutes, as created by this act.
(2w) Rules for public access channels and public television stations.
(a) Using the procedure under section 227.24 of the statutes, the elections board may promulgate the rules required under section 11.21 (17) of the statutes, as created by this act, for the period before the effective date of the permanent rules, 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 elections board is not required to provide evidence that promulgating rules under this paragraph as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for any rule promulgated under this paragraph.
(b) The elections board shall submit in proposed form the rules required under section 11.21 (17) 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 10th month beginning after the effective date of this paragraph.
(2x) Statewide voter registration list.
(a) Notwithstanding section 16.42 (1) of the statutes, the elections board shall submit as a part of its budget request for the 2003-05 fiscal biennium under section 16.42 of the statutes a proposal to finance the creation of a statewide, centralized voter registration list system, together with proposed legislation required to initially implement the system for the 2004 September primary election. In developing the system, the elections board shall consider at least each of the following issues:
1. How the list should be created and maintained.
2. The fiscal impact upon the state and local governments of maintaining the list.
3. How accuracy of the list should be ensured.
4. Whether, to use the list, an electronic connection would need to be established between each polling place in the state and the board and how such a connection would be established and maintained.
5. How registrations on election day would be integrated into the list.
6. How procedures for corroboration of the identities of electors would be affected by maintenance of the list.
7. How absentee balloting would be affected by the creation of the list.
8. The impact of maintenance of the list upon transient populations, such as college students.
9. How the list could be accurately purged of the names of convicted felons who are ineligible to vote while ensuring that no eligible electors are disenfranchised.
10. How the list should be purged of the names of ineligible or inactive electors while ensuring that no eligible electors are disenfranchised.
11. Whether the list should be publicly maintained or a private entity should be retained to maintain the list.
12. If a private entity were retained to maintain the list, the standards to which the entity should be held to account.
13. Whether and how provisional voting of challenged electors could be facilitated after the list is established.
(b) The elections board shall study and prepare specific recommendations for implementing the proposal submitted under paragraph (c) for creation of a statewide voter registration list system. In conducting its study, the board shall address each of the issues specified in paragraph (a). The board shall submit the results of its study and recommendations to the legislature in the manner provided in section 13.172 (2) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.
(2y) Nonseverability.
(a) Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of sections 11.01 (17g) and (17r) and 11.21 (17) of the statutes, as created by this act, or Section 9115 (2w) of this act are unconstitutional, then sections 11.01 (17g) and (17r) and 11.21 (17) of the statutes, as created by this act, and Section 9115 (2w) of this act are void in their entirety.
(b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any part of the repeal of sections 11.01 (12s), 11.05 (3) (o), 11.265, 11.50 (3), and 11.50 (10) of the statutes, the renumbering of sections 11.05 (2r) (title), 11.24 (2), and 11.50 (1) (a) 1. of the statutes, the renumbering and amendment of sections 11.05 (1), 11.05 (2), 11.05 (2r), 11.12 (6), 11.26 (9) (a), 11.31 (2m), 11.50 (1) (a) 2., 11.50 (5), 11.50 (9), 19.49 (5), 19.59 (7), and 71.10 (3) (a) of the statutes, the amendment of sections 5.02 (13), 5.05 (2), 7.08 (2) (c), 7.08 (2) (cm), 8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05 (5), 11.05 (9) (b), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2), 11.06 (3) (b) (intro.), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (b), 11.06 (7m) (c), 11.07 (1), 11.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3), 11.16 (2), 11.16 (5), 11.19 (title), 11.19 (1), 11.20 (1), 11.20 (2), 11.20 (3) (a) and (b), 11.20 (7), 11.20 (8) (intro.), 11.20 (8) (a), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2), 11.21 (15), 11.21 (16), 11.22 (3), 11.23 (1), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (2) (a), 11.26 (3), 11.26 (4), 11.26 (5), 11.26 (6), 11.26 (8), 11.26 (9) (b), 11.26 (10), 11.26 (15), 11.26 (17) (a), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (2m) (title), 11.31 (3), 11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a), 11.50 (2) (b) 3. and 4., 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (f), 11.50 (2) (g), 11.50 (2) (h), 11.50 (2) (i), 11.50 (6), 11.50 (7) (intro.), 11.50 (8), 11.50 (10m), 11.50 (11) (e), 11.60 (4), 11.61 (1) (a) (by Section 2d), 19.53 (6), 19.59 (8) (c), 20.510 (1) (q), 25.42, 71.08 (1) (intro.), and 71.10 (3) (b) of the statutes, the repeal and recreation of sections 11.05 (9) (title) and 11.50 (4) of the statutes, the creation of sections 11.001 (2m), 11.01 (4m), 11.01 (12w), (13) and (14), 11.01 (16) (a) 3., 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m), 11.05 (3) (r), 11.06 (1) (cm) and (dm), 11.06 (2m) (b) to (d), 11.06 (11) (bm), 11.12 (6) (am), 11.12 (6) (c) and (d), 11.12 (8) and (9), 11.20 (2s), 11.20 (2t), 11.20 (8) (am), 11.24 (1w), 11.24 (4), 11.26 (1m), 11.26 (1t), 11.26 (2) (ae), (am), (as) and (av), 11.26 (2m), 11.26 (2t), 11.26 (8n), 11.26 (8r), 11.26 (9) (a) 1. to 4., 11.26 (9) (am), 11.26 (9m), 11.26 (10a), 11.31 (1) (de), 11.31 (2m) (a), 11.31 (3p), 11.31 (9), 11.385, 11.50 (1) (a) 1. (intro.), 11.50 (1) (a) 2m., 11.50 (1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (b) 6., 11.50 (2) (j), 11.50 (2m), 11.50 (2s), 11.50 (2w), 11.50 (9) (b), 11.50 (14), 11.60 (3r), 19.42 (3m), (4g) and (4r), 19.45 (13), 19.49 (1m), 19.49 (5) (b), 19.535, 19.59 (1) (br), 19.59 (7) (b), 19.59 (8) (cm) and (cn), 71.07 (6s), 71.10 (3) (ac), 71.10 (3) (d), 71.10 (4) (gw), and 806.04 (11m) of the statutes or Sections 9115 (2v), (2x), and (2y), 9132 (4v), 9215 (3v), 9244 (6v), 9315 (2v) and (2w), and 9344 (2v) of this act is unconstitutional, the treatment of those provisions by this act is void.
109,9116
Section 9116.
Nonstatutory provisions; employee trust funds.
(1v) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes before the effective date of this subsection, the department of employee trust funds may fill 3.5 FTE GPR positions that are vacant on the effective date of this subsection, that are authorized to the department under section 16.505 of the statutes, and that are funded from the appropriation under section 20.512 (2) (a) of the statutes.
109,9123
Section 9123.
Nonstatutory provisions; health and family services.
(1x) Underage tobacco enforcement. The department of health and family services shall identify $3,012,200 in appropriated moneys in the appropriation accounts of that department, other than sum sufficient appropriation accounts, to fund activities conducted under section 254.916 of the statutes to achieve compliance with the requirements under
42 USC 300x-26 (a) and (b) that the state enact and enforce a law prohibiting the sale or distribution of tobacco products to persons under 18 years of age and with the certification required under P.L.
107-116, section 214, that the state commit additional state funds to enforce that law. In identifying appropriated moneys to fund activities conducted under section 254.916 of the statutes as described in this subsection, the department may not identify any appropriated moneys to fund those activities if funding those activities would change legislative intent with respect to the program funded by those appropriated moneys. By September 30, 2002, the department shall submit a plan to the joint committee on finance for funding the activities described in this subsection and a report on the status of the negotiations that the department is conducting with the federal department of health and human services relating to the certification required under P. L.
107-116, section 214.
(1z) Rural health dental clinics.
(a) Notwithstanding the amounts specified for expenditure in state fiscal year 2001-02 under section 146.65 (1) (a) and (b) of the statutes, the department of health and family services shall, in state fiscal year 2002-03, distribute moneys under section 146.65 (1) (a) of the statutes that were unexpended under that paragraph on July 1, 2002, and distribute moneys under section 146.65 (1) (b) of the statutes that were unexpended under that paragraph on July 1, 2002.
(b) Notwithstanding section 16.42 of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-2005 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (5) (dm) of the statutes as though the increase in the dollar amount of that appropriation by Section 9329 (18z) of this act had not been made.
(2g) Bioterrorism response and preparedness.
(a) In this subsection:
1. "Emergency medical technician" has the meaning given in section 146.50 (1) (e) of the statutes.
2. "Fire fighter" has the meaning given in section 38.24 (5) (a) 1m. of the statutes.
3. "First responder" has the meaning given in section 146.50 (1) (hm) of the statutes.
4. "Law enforcement officer" has the meaning given in section 165.85 (2) (c) of the statutes.
(b) By April 15, 2002, before submitting a plan for expenditure of federal funds for bioterrorism response and preparedness for which Wisconsin is eligible under Public Law 107-117, to the federal department of health and human services, the department of health and family services shall submit the plan to the joint committee on finance for review and approval.
(c) The plan specified under paragraph (b) shall include, to the extent permitted under Public Law 107-117, all of the following:
1. A proposal to allocate up to $3,600,000 of Wisconsin's total allocation to fund all of the following:
a. Communications equipment.
b. Safety or protective equipment for law enforcement officers, fire fighters, emergency medical technicians, first responders, or local emergency response team members under section 166.22 of the statutes, who respond to emergencies.
c. Training related to investigation of, prevention of, or response to acts of terrorism that pose a threat to the environment.
d. Information systems, software, or computer equipment for investigating acts of terrorism that pose a threat to the environment.
e. Training for specific special events where heightened security risks exist.
f. Regional emergency response teams under section 166.215 (1) of the statutes or their expansion.
g. Volunteer emergency medical service entities under section 146.50 of the statutes, as affected by this act, that are short of staff or are in need of additional training.
2. A proposal to fund all of the following:
a. An increase of 2.5 FED positions in the department of health and family services to perform surveillance of and respond to communicable and infectious diseases and biological and chemical potential threats to the state.
b. The statewide trauma care system under section 146.56 of the statutes, as affected by this act.
c. An increase of 1.0 FED microbiologist position for the state laboratory of hygiene and all bioterrorism-related laboratory expenses.
(2v) Disease management.
(a) In this subsection, "disease management" has the meaning given in section 49.45 (50) (a) of the statutes, as created by this act.
(b)
By January 1, 2003, the department of health and family services shall invite proposals, under the department's request-for-proposals procedures, from entities to engage in activities of disease management on behalf of recipients of medical assistance.
(2w) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 9. 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 subsection.
(2zw) Exceptions to compulsory vaccination; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 252.041 (2) 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 6th month beginning after the effective date of this subsection.
(b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.041 (2) of the statutes, as created 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 of health and family services 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.
(2zx) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 252.02 (7) 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 6th month beginning after the effective date of this subsection.
(b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.02 (7) of the statutes, as created 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 of health and family services 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.
(3f) Study of federal primary health care funding.
(a) In this subsection, "federally qualified health center" has the meaning given in
42 USC 1396d (L) (2) (B).
(b) The department of health and family services shall, in consultation with the Wisconsin Primary Health Care Association, Inc., study aspects of federal primary health care funding that is available to public and private nonprofit entities under
42 USC 254b. The study shall include all of the following:
1. A review of statutory, regulatory, and policy requirements for grantees and potential grant applicants.
2. Suggestions for expanding the number of federally qualified health centers in Wisconsin; the number of sites operated by entities currently funded under
42 USC 254b; and other ways to increase the amount of federal funding for Wisconsin health care clinics.
(c) By June 30, 2002, the department of health and family services shall submit a report of the study under paragraph (b) to the legislature in the manner provided under section 13.172 (3) of the statutes and to the joint committee on finance.
(3xz) State centers task force.
(a) The department of health and family services shall create a task force that shall develop a plan for the state centers for the developmentally disabled. The plan, which shall be completed by the first day of the 7th month beginning after the effective date of this paragraph, shall include any recommended statutory language changes needed to implement the plan. The department shall submit this recommended statutory language to the department of administration as part of the department of health and family services' 2003-05 biennial budget request and to the legislature. The plan shall do the following:
1. Specify the future role of the state and the state centers for the developmentally disabled in providing services for persons with developmental disabilities.
2. Attempt to maximize the potential for independent living in the most appropriate setting and ensure quality care and services for each person residing in the state centers for the developmentally disabled, according to the person's wishes.
3. If the task force recommends closing a state center for the developmentally disabled, define and recommend changes in the role of one or more of the state centers for the developmentally disabled, including functioning other than as a state center for the developmentally disabled.
4. Ensure the provision of quality community-based services for persons who are able to be relocated from the state centers.
5. Provide for transitional employment opportunities and services for existing staff of the state centers for the developmentally disabled, in the event that one or more of the state centers close or are assigned new functions.
(b) The department of health and family services shall appoint the membership of the task force described in paragraph (a). The task force shall include representatives of all of the following:
1. The department of health and family services.
2. The department of veterans affairs.
3. The department of corrections.
4. The governor's office.
5. The American Federation of State, County and Municipal Employees union, the Service Employees International union, District 1199, and other labor unions.
6. Parents or guardians of current residents of the state centers for the developmentally disabled.
7. Former and current residents of the state centers for the developmentally disabled.
8. Advocates for persons with developmental disabilities.
9. A member of the board of an intermediate care facility for the mentally retarded.
10. Organizations that provide services to persons with developmental disabilities in the community.
11. County departments that provide services to persons with developmental disabilities.
