Amendment ASA1-AB100

AB100-ASA1,1988,17 (g) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB100-ASA1,1988,18 (2)  Transfer of mandatory health insurance risk-sharing plan.

AB100-ASA1,1989,2 (a)  Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan shall become the assets and liabilities of the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.

AB100-ASA1,1989,7 (b)  Employe transfers. On the effective date of this paragraph, 1.5 FTE SEG positions in the office of the commissioner of insurance that are primarily related to the mandatory health insurance risk-sharing plan and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100-ASA1,1989,14 (c) Employe status. Employes transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, in the department of health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB100-ASA1,1989,23 (d)  Supplies and equipment. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.

AB100-ASA1,1990,4 (e)  Pending matters. On the effective date of this paragraph, any matter pending with the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan is transferred to the department of health and family services. All materials submitted or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

AB100-ASA1,1990,16 (f) Contracts. On the effective date of this paragraph, all contracts entered into by the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.

AB100-ASA1,1990,25 (g) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB100-ASA1,1991,1 (3m) Health insurance risk-sharing plan; rules.

AB100-ASA1,1991,6 (a) Rules on creditable coverage. The commissioner of insurance shall submit in proposed form the rules required under section 619.115 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 4th month beginning after the effective date of this paragraph.

AB100-ASA1,1991,14 (b) Exemption from emergency procedures. Using the procedure under section 227.24 of the statutes, the commissioner of insurance may promulgate rules required under section 619.115 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) and (2) (b) of the statutes, the commissioner need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this paragraph.

AB100-ASA1,1991,21 (4m) Health insurance risk-sharing plan board study on plan efficiency. The health insurance risk-sharing plan board of governors under section 619.15 of the statutes, as affected by this act, shall study the operation of the health insurance risk-sharing plan under subchapter II of chapter 619 of the statutes, as affected by this act. On or before June 30, 1998, the board shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor regarding the cost efficiency of the plan, including evaluations of all of the following:

AB100-ASA1,1991,23 (a) The impact on the plan of the greater use of managed care and case management for eligible persons.

AB100-ASA1,1991,25 (b) The effect on the plan of the federal Health Insurance Portability and Accountability Act of 1996.

AB100-ASA1, s. 9128 Section 9128.1 Nonstatutory provisions; investment board.

AB100-ASA1,1992,7 (1m) Certain direct charges. Prior to the enactment of the 1999-2001 biennial budget act, the investment board may not pay, as a direct charge to the funds under the board's management pursuant to section 25.18 (1) (a) or (m) of the statutes, expenses incurred in designing or installing computerized information systems, except for expenses relating to transfers between the board and 3rd parties of data relating to investment matters.

AB100-ASA1, s. 9131 Section 9131.2 Nonstatutory provisions; justice.

AB100-ASA1,1992,15 (1m) Prosecutors for sexually violent person commitment cases. Of the authorized FTE positions for the department of justice funded from the appropriation under section 20.455 (1) (a) of the statutes, 2.5 GPR project positions shall be used for the period ending on June 30, 1999, to provide 2.0 attorney positions and 0.5 paralegal position to assist district attorneys in prosecuting sexually violent person commitment proceedings under chapter 980 of the statutes, as affected by this act.

AB100-ASA1,1992,20 (1t) Study of hazardous substance cleanup agreements. The department of justice shall review the effectiveness of section 292.11 (7) (d) and (e) of the statutes, as created by this act, and shall submit a report of its findings to the joint committee on finance and to the legislative standing committees with jurisdiction over environmental matters by January 1, 2000.

AB100-ASA1, s. 9132 Section 9132. Nonstatutory provisions; legislature.

AB100-ASA1,1993,11 (1g) Audit of the public employe training functions of the department of employment relations. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the public employe training functions of the department of employment relations. The audit shall include an evaluation of whether the department of employment relations should offer training services to public employes. If the audit recommends that the department of employment relations continue to provide training services to public employes, the audit shall offer recommendations regarding what role the department should adopt in providing such training services and whether current law allows for the adoption of that role, whether departmental staff is required for providing the training services and how the training services may be reliably funded from fees paid by governmental agencies that contract with the department for providing the services. If the committee directs the legislative audit bureau to perform the audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes by September 1, 1998.

AB100-ASA1,1993,13 (1h) A study of the feasibility of reopening the variable retirement investment trust to participants in the Wisconsin retirement system.

AB100-ASA1,1993,20 (a) The retirement research committee, with the cooperation of the department of employe trust funds and the investment board, is requested to study the feasibility and cost implications of reopening the variable retirement investment trust to participants in the Wisconsin retirement system who are currently prohibited from having their employe and employer retirement contributions credited to the variable retirement investment trust. The study shall include all of the following:

AB100-ASA1,1993,22 1. An assessment of the impact on employer required contributions as a result of reopening the variable retirement investment trust.

AB100-ASA1,1994,2 2. An examination of the impact on investments in the fixed retirement investment trust if assets are transferred from the fixed retirement investment trust to the variable retirement investment trust as a result of reopening the variable retirement investment trust.

AB100-ASA1,1994,5 3. An evaluation of whether the administrative workload in the department of employe trust funds and the investment board would increase as a result of reopening the variable retirement investment trust.

AB100-ASA1,1994,8 4. A review of the implications for participating employes who may elect to have their employe and employer retirement contributions credited to the variable retirement investment trust.

AB100-ASA1,1994,11 (b) If the retirement research committee conducts the study specified in paragraph (a), the retirement research committee shall submit its report to the joint committee on finance by January 1, 1998.

AB100-ASA1,1994,19 (1k) Reengineering of information systems in the department of corrections. If the department of administration or the department of corrections contracts for a consultant to study the reengineering of the information systems in the department of corrections, the department of corrections and the department of administration shall jointly submit the results of the study to the joint committee on information policy. The department of corrections and the department of administration may not implement any of the recommendations in the study unless the recommendations have been approved by the committee.

AB100-ASA1,1994,20 (1t) Laptop computer acquisitions for assembly.

AB100-ASA1,1994,24 (a) In this subsection, "master lease" means an agreement entered into on behalf of the state for the lease of goods and related services under which the state agrees to make periodic payments, which may provide for the state to acquire title to the goods upon compliance with the terms of the agreement.

AB100-ASA1,1995,6 (b) The committee on organization of the assembly is requested to enter into a master lease for the acquisition of 100 laptop computers for assembly offices during fiscal year 1997-98. The costs of any such agreement shall be paid from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes.

AB100-ASA1,1995,7 (1x) Consolidation of state centers for the developmentally disabled.

AB100-ASA1,1995,10 (a) There is created a committee to develop and recommend a plan for the consolidation of the 3 state centers for the developmentally disabled. In developing and recommending the plan, the committee shall consider all of the following factors:

AB100-ASA1,1995,12 1. The availability of community-based support services for center residents in place of institutional care.

AB100-ASA1,1995,14 2. The effect that consolidation of the 3 state centers for the developmentally disabled will have on employment.

AB100-ASA1,1995,16 3. The fiscal effect that consolidation of the 3 state centers for the developmentally disabled will have on the state.

AB100-ASA1,1995,18 4. The ability of relatives of center residents to maintain contact with those residents if those residents are relocated as a result of the consolidation.

AB100-ASA1,1995,20 5. The impact on center residents of any relocation of center residents as a result of the consolidation.

AB100-ASA1,1995,22 6. Possible alternative uses of any state center for the developmentally disabled that is closed as a result of the consolidation.

AB100-ASA1,1996,2 (b) The committee shall consist of the following members, none of whom may be a senator representing a senate district, or a representative to the assembly representing an assembly district, in which a state center for the developmentally disabled is located:

AB100-ASA1,1996,3 1. A member who is appointed by the governor.

AB100-ASA1,1996,4 2. The majority leader of the senate or his or her designee.

AB100-ASA1,1996,5 3. The senate minority leader or his or her designee.

AB100-ASA1,1996,6 4. The speaker of the assembly or his or her designee.

AB100-ASA1,1996,7 5. The assembly minority leader or his or her designee.

AB100-ASA1,1996,9 (c) The committee shall elect a chairperson of the committee from among the members of the committee.

AB100-ASA1,1996,12 (d) The committee may call upon any state agency or officer for the facilities and data of that agency or officer, and those agencies and officers shall cooperate with the committee to the fullest extent possible.

AB100-ASA1,1996,17 (e) By January 1, 1998, the committee shall submit a report containing its findings, conclusions and recommendations for the consolidation of the 3 state centers for the developmentally disabled to the legislature in the manner provided under section 13.172 (2) of the statutes and to the governor. The committee terminates on submittal of the report as required under this paragraph.

AB100-ASA1,1996,22 (f) The department of health and family services shall consolidate the 3 state centers for the developmentally disabled in accordance with the recommendation of the committee, unless the legislature, by joint resolution, rejects the recommendation of the committee within 60 days after the date on which the report of the committee is submitted to the legislature under paragraph (e).

AB100-ASA1,1997,9 (g) If the committee recommends a plan for the consolidation of the 3 state centers for the developmentally disabled that involves relocating state center residents and if the legislature does not reject the plan under paragraph (f), the department of health and family services shall request the joint committee on finance to transfer moneys to the appropriation account under section 20.435 (5) (b) of the statutes, as created by this act, to fund the cost of relocating those residents. If the joint committee on finance determines that moneys are available to fund that cost, the joint committee on finance shall transfer not more than $600,000 in fiscal year 1998-99 to the appropriation account under section 20.435 (5) (b) of the statutes, as created by this act, and shall increase the expenditure authority under section 20.435 (2) (gk) of the statutes, as affected by this act, by not more than $1,450,000 in fiscal year 1998-99.

AB100-ASA1,1997,13 (h) If the committee recommends a plan for the consolidation of the 3 state centers for the developmentally disabled that involves closing one or more of those state centers and if the legislature does not reject the plan under paragraph (f), the department of health and family services may do any of the following:

AB100-ASA1,1997,17 1. Notwithstanding sections 51.10 and 51.15 of the statutes and sections 51.13, 51.20, 51.67 and 55.06 of the statutes, as affected by this act, refuse to admit new residents to a state center for the developmentally disabled that is recommended for closing.

AB100-ASA1,1997,20 2. Transfer residents among the state centers for the developmentally disabled without providing the procedural protections specified in section 51.35 (1) of the statutes, as affected by this act.

AB100-ASA1,1997,22 3. Relocate individuals who are receiving services under section 51.06 (1) (d) of the statutes, as affected by this act.

AB100-ASA1,1997,23 (2a) Integrated legislative information system staff creation.

AB100-ASA1,1998,3 (a) Positions and employes. All positions and incumbent employes holding positions in the legislature related to the functions of the integrated legislative information system staff on the effective date of this paragraph, as determined by the joint committee on legislative organization, are transferred to the integrated legislative information system staff.

AB100-ASA1,1998,8 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the legislature relating to the functions of the integrated legislative information system staff, as determined by the joint committee on legislative organization, is transferred to the integrated legislative information system staff.

AB100-ASA1,1998,16 (c) Contracts. All contracts entered into by the legislature in effect on the effective date of this paragraph that are primarily related to the functions of the integrated legislative information system staff, as determined by the joint committee on legislative organization, remain in effect and are transferred to the integrated legislative information system staff. The integrated legislative information system staff shall carry out any obligations under such a contract until modified or rescinded by the integrated legislative information system staff to the extent allowed under the contracts.

AB100-ASA1,1998,22 (d) Pending matters. Any matter pending with the legislature on the effective date of this paragraph relating to the functions of the integrated legislative information system staff is transferred to the integrated legislative information system staff and all materials submitted to or actions taken by the legislature with respect to the pending matter are considered as having been submitted to or taken by the integrated legislative information system staff.

AB100-ASA1,1999,8 (2g) Touring exhibit of Wisconsin state capitol. The joint committee on legislative organization, in cooperation with the state historical society of Wisconsin, shall establish a touring exhibit dealing with the history of the Wisconsin state capitol through photographs, videotapes and artifacts. For this purpose, the committee may authorize expenditure of not more than $100,000 in fiscal year 1997-98 from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes, to support production of the exhibit after the state historical society of Wisconsin notifies the cochairpersons of the committee that the society has received at least $100,000 in donations to finance the exhibit.

AB100-ASA1,1999,15 (2r) Residential schools. From the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance shall supplement the appropriation to the department of public instruction under section 20.255 (1) (b) of the statutes, in an amount equal to $91,200 in each fiscal year of the 1997-99 fiscal biennium, if the joint committee on finance approves the applicable plan under Section 9140 (1) of this act. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.

AB100-ASA1,1999,16 (2z) Temporary assistance to needy families funding reserve.

AB100-ASA1,1999,19 (a) During the 1997-98 fiscal year, from the appropriation under section 20.865 (4) (m) of the statutes, as created by this act, the joint committee on finance shall allocate $14,000,000 to do any of the following:

AB100-ASA1,1999,22 1. Supplement payments under section 49.775 of the statutes, as created by this act, for the support of the dependent children of recipients under the federal supplemental security income program or under section 49.77 of the statutes.

AB100-ASA1,1999,23 2. Fund learning labs and customized labor training programs.

AB100-ASA1,2000,4 (b) From the appropriation under section 20.865 (4) (m) of the statutes, the joint committee on finance shall supplement the appropriation to the department of health and family services under section 20.435 (7) (ed) of the statutes, as affected by this act, and the appropriation to the department of workforce development under section 20.445 (3) (dz) of the statutes, as affected by this act, for the purposes specified in paragraph (a) if all of the following occur:

AB100-ASA1,2000,6 1. The departments of health and family services and workforce development submit to the committee a joint request for the funds.

AB100-ASA1,2000,10 2. The committee approves the request, or the cochairpersons do not notify within 14 working days after the receipt of the request the secretaries of the departments that it has scheduled a meeting for the purpose of reviewing the request.

AB100-ASA1,2000,16 (c) If the department of health and family services certifies that federal law does not recognize payments made under section 49.775 of the statutes, as created by this act, as meeting maintenance-of-effort requirements under 42 USC 1382g, supplementation of the appropriation under section 20.435 (7) (ed) of the statutes, as affected by this act, shall take priority over supplementation of section 20.445 (3) (dz) of the statutes, as affected by this act.

AB100-ASA1,2000,19 (d) Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists to supplement the appropriations as provided in this subsection.

AB100-ASA1, s. 9135 Section 9135.1 Nonstatutory provisions; Medical College of Wisconsin.

AB100-ASA1,2001,3 (2z) Family practice residency program. Of the moneys appropriated to the Medical College of Wisconsin, Inc., under section 20.250 (1) (b) of the statutes, $136,400 in fiscal year 1997-98 and $181,900 in fiscal year 1998-99 may be expended only to fund 2 additional family practice physicians for the family practice residency program. The Medical College of Wisconsin, Inc., shall provide matching funds equal to 50% of any moneys expended under this subsection. The 2 family practice physicians shall be allocated to maximize the number of family practice residents in the program.

AB100-ASA1, s. 9137 Section 9137. Nonstatutory provisions; natural resources.

AB100-ASA1,2001,16 (1)  Fish and game approval issuing system and campground reservation system. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under sections 27.01 (7) (e) 2., (7m) (c) and (11) (b) and 29.09 (3m) and (3r) of the statutes, as created by this act. If the department uses this procedure to promulgate any of these rules, the department shall promulgate the rules within 90 days after the effective date of this subsection. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the effective period of a rule promulgated under this subsection is for one year after its promulgation and may not be further extended under section 227.24 (2) of the statutes.

AB100-ASA1,2001,20 (1h) Water pollution credit trading pilot project. During the 1997-99 fiscal biennium, the department shall select an area within the Hay River Watershed that includes the city of Cumberland as the project area for the program under section 283.84 of the statutes, as created by this act.

AB100-ASA1,2002,3 (1i) Study of air emission fee cap. The department of natural resources, in consultation with the acid deposition research council, shall study the feasibility of raising the 4,000 ton cap on the amount of regulated air pollutants on which the department may charge air emission fees, under section 285.69 (2) (b) of the statutes, and using the increased fee revenue for enhanced monitoring of sulfur dioxide, nitrogen dioxide and mercury deposition in this state. The department shall submit a report of its findings and recommendations to the joint committee on finance no later than December 1, 1997.

AB100-ASA1,2002,21 (3)  Recreational boating project; High Cliff State Park. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall expend the amount that is necessary for the construction of breakwater structures in Lake Winnebago at the entrance of High Cliff State Park harbor to provide for boater safety, but the amount may not exceed $500,000. The department may either expend the amount directly or provide it as a grant to Calumet County. Notwithstanding section 30.92 (4) (b) 2. of the statutes, as affected by this act, neither the department nor Calumet County need contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (a) of the statutes, the department may expend directly the amount authorized under this subsection even though Lake Winnebago is not an inland lake without a public access facility. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. Section 20.924 (1) of the statutes, as affected by this act, does not apply to the construction of these breakwater structures. This subsection does not apply after June 30, 2000.

AB100-ASA1,2003,2 (3g) Report on paving bicycle trails. By July 1, 1998, the department of natural resources shall submit a report to the legislature for distribution to the appropriate standing committees in the manner provided in section 13.172 (3) of the statutes on the feasibility of paving state bicycle trails, including factors such as the effects of paving on trail maintenance and usage and the applicability to Wisconsin of similar efforts in other states.

AB100-ASA1,2003,10 (3x) Emergency rules for safe drinking water program. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules for the program under section 281.61 of the statutes, as created by this act, for the period before the effective date of permanent rules for the program, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of public peace, health, safety or welfare in promulgating rules under this subsection.

AB100-ASA1,2003,11 (6g) Brownfields study.

AB100-ASA1,2003,14 (a) In this subsection, "brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by environmental contamination.

AB100-ASA1,2003,17 (b) The department of natural resources, in cooperation with the departments of commerce, administration, revenue, transportation and agriculture, trade and consumer protection, shall do all of the following:

AB100-ASA1,2003,19 1. Study the means by which this state can increase the number of brownfields that are cleaned and returned to productive use.

AB100-ASA1,2003,21 2. Study the potential methods to provide long-term funding of brownfields financial assistance programs.

AB100-ASA1,2003,23 3. Study optional methods to clean up groundwater on a comprehensive, rather than property-by-property, basis.

AB100-ASA1,2003,25 4. Study the effectiveness of existing laws concerning the redevelopment of brownfields.

AB100-ASA1,2004,2 5. Identify and evaluate additional legislative proposals to further the cleanup and redevelopment of brownfields.