Amendment ASA1-AB133

AB133-ASA1,1503,8 (a) The department of commerce and the department of natural resources shall submit in proposed form the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

AB133-ASA1,1503,20 (b) Using the procedure under section 227.24 of the statutes, the department of commerce and the department of natural resources shall promulgate the rules required under section 101.143 (2) (h), (i) and (j) and (2e) of the statutes, as created by this act. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect until September 1, 2000, or the date on which rules under paragraph (a) take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a), (2) (b) and (3) of the statutes, the departments are not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The departments shall promulgate rules under this paragraph no later than the 30th day after the effective date of this paragraph.

AB133-ASA1,1504,5 (c) Using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate rules to implement section 101.143 (4) (cm) 1. of the statutes, as affected by this act, for the period before the effective date of 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 department is not required to provide evidence that promulgating rules under this paragraph is necessary for the preservation of the public peace, health, safety or welfare and is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than November 1, 1999.

AB133-ASA1,1504,8 (d) The department of commerce shall submit in proposed form any rules under section 101.143 (2) (h) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than June 1, 2000.

AB133-ASA1,1504,17 (e) If the conditions under section 101.144 (3g) (a) of the statutes, as created by this act, apply on December 1, 1999, using the procedure under section 227.24 of the statutes, the department of commerce shall promulgate the rules required under section 101.144 (3g) (a) of the statutes, as created by this act, for the period before the effective date of 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 department is not required to provide a finding of emergency for rules promulgated under this paragraph. The department shall promulgate rules under this paragraph no later than December 31, 1999.

AB133-ASA1,1504,21 (3yv) Transfer of sites. The department of natural resources and the department of commerce shall identify sites the classification of which is changed because of the changes made by this act in section 101.144 of the statutes and shall transfer authority over those sites no later than December 1, 1999.

AB133-ASA1,1505,2 (3yw) Report concerning interest costs. No later than March 1, 2000, the department of commerce shall submit a report to the joint committee on finance and the joint committee for review of administrative rules containing recommendations for actions that the department could take to reduce interest costs incurred by claimants under the program under section 101.143 of the statutes, including a review of schedules for making progress payments to claimants.

AB133-ASA1,1505,9 (3yx) Evaluation of usual and customary cost schedule. The department of commerce shall evaluate the operation of section 101.143 (4) (cm) 1. of the statutes, as affected by this act, and shall report the results of the evaluation to the joint legislative audit committee, to the joint committee on finance and to the appropriate standing committees of the legislature, in the manner provided in section 13.172 (3) of the statutes, no later than the first day of the 14th month beginning after the effective date of this subsection.

AB133-ASA1,1505,10 (4) Loan for pedestrian bridge project.

AB133-ASA1,1505,14 (a) The department of commerce may make a loan of not more than $600,000 from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, to a person for a project that includes a pedestrian bridge, if all of the following apply:

AB133-ASA1,1505,16 1. The person submits a plan to the department of commerce detailing the proposed use of the loan and the secretary of commerce approves the plan.

AB133-ASA1,1505,19 2. The person enters into a written agreement with the department of commerce that specifies the loan terms and the conditions for use of the loan proceeds, including reporting and auditing requirements.

AB133-ASA1,1505,22 3. The person agrees in writing to submit to the department of commerce, within 6 months after spending the full amount of the loan, a report detailing how the loan proceeds were used.

AB133-ASA1,1505,25 (b) The department of commerce shall deposit in the appropriation account under section 20.143 (1) (ie) of the statutes, as affected by this act, any moneys received in repayment of the loan.

AB133-ASA1,1506,2 (c) The department of commerce may not pay loan proceeds under this subsection after June 30, 2000.

AB133-ASA1,1506,3 (5) Grant for manufacturing technology training center.

AB133-ASA1,1506,4 (a) In this subsection:

AB133-ASA1,1506,6 1. "Consortium" means an association of business, governmental and educational entities.

AB133-ASA1,1506,7 2. "Department" means the department of commerce.

AB133-ASA1,1506,8 3. "Secretary" means the secretary of commerce.

AB133-ASA1,1506,12 (b) Subject to paragraph (d), the department may make a grant of not more than $1,000,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to a consortium for a manufacturing technology training center if all of the following apply:

AB133-ASA1,1506,13 1. The consortium is located in the Racine-Kenosha area.

AB133-ASA1,1506,15 2. The consortium submits a plan to the department detailing the proposed use of the grant and the secretary approves the plan.

AB133-ASA1,1506,18 3. The consortium enters into a written agreement with the department that specifies the conditions for use of the grant proceeds, including reporting and auditing requirements.

AB133-ASA1,1506,20 4. The consortium agrees in writing to submit to the department the report required under paragraph (c) by the time required under paragraph (c ).

AB133-ASA1,1506,23 (c) If a consortium receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB133-ASA1,1506,25 (d) 1. The department may not pay grant proceeds under this subsection after June 30, 2001.

AB133-ASA1,1507,2 2. The department may not disburse more than $500,000 in grant proceeds under this subsection in either fiscal year 1999-2000 or fiscal year 2000-01.

AB133-ASA1,1507,6 (6c) Grant related to well replacement. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce shall make a grant of $299,800 in fiscal year 1999-2000 to a city that was required to replace its city well because of federal highway construction.

AB133-ASA1,1507,12 (6e) Grant for pedestrian enhancements. In fiscal year 1999-2000, the department of commerce may make a grant, not exceeding $100,000, from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the city of Menasha for pedestrian enhancements to its city square if the city of Menasha contributes funds for the project that at least equal the amount of the grant.

AB133-ASA1, s. 9111 Section 9111. Nonstatutory provisions; corrections.

AB133-ASA1,1507,14 (2d) Profitability requirement.

AB133-ASA1,1507,15 (a) In this subsection:

AB133-ASA1,1507,17 1. "Prison contract" has the meaning given in section 303.01 (11) (a) 2. of the statutes.

AB133-ASA1,1507,19 2. "Profitable" means earning a profit, as determined by the report described in paragraph (b), during at least three quarters of calendar year 2000.

AB133-ASA1,1508,4 (b) The department of corrections and the department of administration shall submit a report to the joint committee on finance for each quarter of calendar year 2000 providing the department of corrections' cash balance summary under each prison contract. Each report shall be prepared within 30 days after the end of the quarter. The report for the 4th quarter shall state whether the department's operations under at least two-thirds of its prison contracts were profitable during calendar year 2000. If less than two-thirds of its prison contracts were profitable, the department of corrections shall terminate its program for contracting with private employers under section 303.01 (2) (em) of the statutes, as affected by this act.

AB133-ASA1,1508,12 (c) If the report under paragraph (b) states that less than two-thirds of prison contracts were profitable during calendar year 2000, the cochairpersons of the joint committee on finance shall certify that fact to the revisor of statutes no later than March 1, 2001. Upon the certification, the revisor of statutes shall publish notice in the Wisconsin Administrative Register of the report and that, as of March 1, 2001, the treatment of sections 20.410 (1) (gi), (hm) and (km), 108.07 (8) (b), 303.01 (8) (b), (c), (d) and (e), 303.06 (3) and 303.21 (1) (b) of the statutes and the repeal of section 303.01 (2) (em) and (11) of the statutes have taken effect.

AB133-ASA1,1508,16 (3z) Report on out-of-state inmate transfers. The department of corrections shall submit a report to the joint committee on finance by July 1, 2000, regarding Wisconsin inmates transferred to and confined in other states under section 301.21 (1m) and (2m) of the statutes. The report shall address all of the following:

AB133-ASA1,1508,18 (a) The overall impact that transfers have on prison populations in Wisconsin and projections regarding future out-of-state transfers.

AB133-ASA1,1508,20 (b) The total cost of out-of-state transfers to the department, including the cost of incarceration and transportation.

AB133-ASA1,1508,22 (c) The types of inmates being transferred based on the crimes for which the inmates have been sentenced.

AB133-ASA1,1508,24 (d) Department policies regarding how inmates are selected for out-of-state transfers.

AB133-ASA1,1508,25 (e) The average length of an inmate's stay in an out-of-state prison.

AB133-ASA1,1509,2 (f) The specific services, programs and treatment provided to inmates in out-of-state prisons compared to inmates confined in Wisconsin prisons.

AB133-ASA1,1509,6 (g) Complaint procedures for inmates in out-of-state prisons, the number of complaints that have been received, the types of complaints that have been submitted and the ways in which the out-of-state prisons have addressed the complaints.

AB133-ASA1,1509,9 (h) The rate of recidivism for inmates who have been confined in out-of-state prisons compared to those remaining in Wisconsin for the entire sentence, classified by the crimes for which the inmates have been sentenced.

AB133-ASA1,1509,12 (i) The impact of transfers on inmates' families in Wisconsin, the information that inmates' families receive on the treatment of inmates and the ways in which the department has attempted to respond to concerns of the families.

AB133-ASA1,1509,17 (j) The steps taken by the department to implement alternatives to prison transfers, the number of persons involved in enhanced community supervision programs, the success of those programs and the feasibility of reducing prison transfers through increasing the use of some combination of community supervision programs.

AB133-ASA1,1509,20 (k) The effects that the elimination of parole and probation would have on the number of prisoners who will be sentenced to a term of imprisonment by Wisconsin courts and on recidivism rates for all prisoners.

AB133-ASA1,1509,22 (L) An evaluation of the health of inmates in out-of-state prisons and the health care provided to them.

AB133-ASA1,1509,23 (4xt) Private correctional facilities.

AB133-ASA1,1510,3 (a) Definition. In this subsection, "private correctional facility" means, along with the land on which it is situated, a building, structure or facility meeting all of the following requirements:

AB133-ASA1,1510,5 1. The building, structure or facility has been or is being constructed on the effective date of this subdivision.

AB133-ASA1,1510,10 2. The building, structure or facility has been or is being constructed for the confinement of one or more individuals who, as a result of a court order from any jurisdiction, are in custody for the commission or alleged commission of a crime and who would be classified as medium or maximum security under the department of corrections' security classification system.

AB133-ASA1,1510,15 3. The building, structure or facility has not been and is not being constructed under a contract with the department of administration, a county, a group of counties acting under section 302.44 of the statutes, the department of corrections and any county or group of counties acting under section 302.45 of the statutes, the United States or a federally recognized American Indian tribe or band in this state.

AB133-ASA1,1511,3 (b) Acquisition or lease of private correctional facilities. The department of administration shall, no later than the 30th day after the effective date of this paragraph, commence efforts to negotiate with the owner of each private correctional facility located in this state to purchase the facility or to lease the facility. If the department reaches an agreement to purchase or lease the facility, the purchase or lease is subject to approval of the building commission and the joint committee on finance. If the department is unable to reach an agreement with the owner, the building commission may, notwithstanding section 13.48 (16) of the statutes, acquire the private correctional facility by condemnation under section 32.06 of the statutes, except that this paragraph constitutes the determination of the necessity of taking for the purposes of section 32.06 (1) of the statutes. Section 13.48 (19) (b) of the statutes, as created by this act, does not apply to the lease or acquisition of a private correctional facility under this paragraph.

AB133-ASA1,1511,9 (c) Returning prisoners from out-of-state facilities. The department of corrections shall use the increase in beds resulting from any lease or acquisition of private correctional facilities under paragraph (b) to reduce its reliance on contracts for the transfer and confinement of Wisconsin prisoners in other states under section 301.21 of the statutes and to return to correctional facilities in Wisconsin prisoners who are confined in other states under those contracts.

AB133-ASA1,1511,12 (d) Inapplicability to juvenile facilities. This subsection does not apply to a building, structure or facility that has been or is being constructed solely to confine juveniles alleged or found to be delinquent.

AB133-ASA1, s. 9112 Section 9112. Nonstatutory provisions; court of appeals.

AB133-ASA1, s. 9113 Section 9113. Nonstatutory provisions; educational communications board.

AB133-ASA1, s. 9114 Section 9114. Nonstatutory provisions; elections board.

AB133-ASA1, s. 9115 Section 9115. Nonstatutory provisions; employe trust funds.

AB133-ASA1, s. 9116 Section 9116. Nonstatutory provisions; employment relations commission.

AB133-ASA1, s. 9117 Section 9117. Nonstatutory provisions; employment relations department.

AB133-ASA1, s. 9118 Section 9118. Nonstatutory provisions; ethics board.

AB133-ASA1, s. 9119 Section 9119. Nonstatutory provisions; financial institutions.

AB133-ASA1, s. 9121 Section 9121. Nonstatutory provisions; governor.

AB133-ASA1, s. 9122 Section 9122. Nonstatutory provisions; Health and Educational Facilities Authority.

AB133-ASA1, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

AB133-ASA1,1512,14 (1) Rules for family care benefit. Using the procedure under section 227.24 of the statutes, the department of health and family services shall promulgate the rules required under sections 46.286 (4) to (7), 46.288 (1) to (3) and 50.02 (2) (d) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under sections 46.286 (4) to (7), 46.288 (1) to (3) and 50.02 (2) (d) 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 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.

AB133-ASA1,1512,21 (1m) Report on family care. Notwithstanding section 16.42 (1) of the statutes, by November 1, 2000, the department of health and family services shall submit to the governor, as part of the department's 2001-03 biennial budget request, a report that describes the implementation and outcomes of the pilot projects under section 46.281 (1) (d) of the statutes, as created by this act, and that makes recommendations on the family care program under sections 46.2805 to 46.2895 of the statutes, as created by this act.

AB133-ASA1,1512,22 (1n) Alternative to family care.

AB133-ASA1,1513,5 (a) The department of health and family services shall, as soon as possible before July 1, 2002, seek waivers of federal medical assistance statutes and regulations from the federal department of health and human services that are necessary to implement in up to 3 pilot sites a model for the provision of long-term care that is an alternative to the family care program under sections 46.2805 to 46.2895 of the statutes, as created by this act, that would have all of the following characteristics:

AB133-ASA1,1513,9 1. Medical assistance coverage of services under waiver programs under sections 46.27 (11), 46.275, 46.277 and 46.278 of the statutes would be expanded to include selected services specified under section 49.46 (2) (b) of the statutes, including personal care and home health care.

AB133-ASA1,1513,13 2. Counties in which the pilot sites are located would provide or contract for the provision of, organize or arrange for long-term care services to eligible persons, but would not be required to compete with private or nonprofit organizations for contracts to provide the long-term care.

AB133-ASA1,1513,19 3. Counties in which the pilot sites are located would provide services of a resource center, as specified under section 46.283 (4) of the statutes, as created by this act. However, the entity providing the services need not be separate from an entity that provides, contracts for the provision of, organizes or arranges for long-term care services under subdivision 2., except that a county may contract for the provision of functions if necessary to obtain federal waiver approval.

AB133-ASA1,1513,21 4. The cost of the program would not exceed the cost of relevant aspects of the family care program.

AB133-ASA1,1513,25 5. Pilot sites would be required to reduce average costs per person served in the areas of the sites under sections 46.27 (11), 46.275, 46.277 and 46.278 of the statutes for the calendar year preceding implementation of the alternative model, in order to serve additional persons on waiting lists for the services.

AB133-ASA1,1514,4 6. The department of health and family services would distribute funding to the pilot sites on a per person per month payment basis using the same methodology as that used under section 46.284 (5) (a) of the statutes, as created by this act, as adjusted for the specific services provided.

AB133-ASA1,1514,6 7. The risk-sharing provisions specified under section 46.284 (5) of the statutes, as created by this act, would apply to pilot sites.

AB133-ASA1,1514,9 8. Resource centers operated by pilot sites would be required to provide or contract for the provision of services specified under section 46.283 (3) (a), (b), (e), (f), (g), (i) and (k) of the statutes, as created by this act.

AB133-ASA1,1514,14 (b) If the federal waivers specified under paragraph (a) are approved, the department of health and family services shall as soon as possible before July 1, 2002, seek enactment of statutory language, including appropriation of necessary funding, to implement the model described under paragraph (a), as approved under the federal waivers.

AB133-ASA1,1514,21 (2) Health insurance risk-sharing plan and medical assistance purchase plan. The department of health and family services shall evaluate how to coordinate the health insurance risk-sharing plan under chapter 149 of the statutes, as affected by this act, and the medical assistance purchase plan under section 49.472 of the statutes, as created by this act. If necessary, the department shall develop proposed legislation that coordinates the programs and that addresses the provision of health care coverage for individuals who are eligible for both programs.

AB133-ASA1,1514,23 (3) Mental health and alcohol or other drug abuse managed care demonstration projects.

AB133-ASA1,1515,6 (a) From the appropriations under section 20.435 (6) (a) of the statutes, as affected by this act, and section 20.435 (6) (n) of the statutes, the department of health and family services shall contract with counties or federally recognized American Indian tribes or bands to provide up to 2 demonstration projects in state fiscal year 2000-01. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency or both mental illness and alcohol or other drug dependency.

AB133-ASA1,1515,13 (b) The department of health and family services shall submit for approval by the secretary of the federal department of health and human services any requests for waiver of federal medical assistance laws that are necessary to secure federal financial participation for the managed care demonstration projects under this subsection. Regardless of whether a waiver is approved, the department of health and family services may contract for the provision of the managed care demonstration projects under this subsection.

AB133-ASA1,1515,18 (5) Preliminary breath screening instruments. From the appropriation account under section 20.435 (6) (hx) of the statutes, as affected by this act, the secretary of administration shall transfer $290,900 to the appropriation account under section 20.395 (5) (ci) of the statutes not later than 30 days after the effective date of this subsection.

AB133-ASA1,1516,8 (6tt) Badger Care premiums for Native Americans. If the department of health and family services receives notification from the federal department of health and human services that Native Americans may not be required to contribute to the cost of health care coverage under the badger care program under section 49.665 of the statutes, as affected by this act, the department shall request the joint committee on finance to supplement the appropriation account under section 20.435 (4) (bc) of the statutes, as affected by this act, from the appropriation account under section 20.865 (4) (a) of the statutes for the 1999-2001 fiscal biennium. Notwithstanding section 13.101 (3) of the statutes, if, within 14 days after receiving the request, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of approving the request for supplementation, the request shall be considered approved and the appropriation account under section 20.435 (4) (bc) of the statutes, as affected by this act, shall be supplemented from the appropriation account under section 20.865 (4) (a) of the statutes in the amount requested.

AB133-ASA1,1516,19 (6tu) Grants to tribal health centers. No later than September 1, 1999, the department of health and family services shall submit a plan to the joint committee on finance that specifies the distribution formula for grants under section 146.19 (2m) of the statutes, as created by this act. If, within 14 days after receiving the plan, the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department shall distribute the grants under section 146.19 (2m) of the statutes, as created by this act, in accordance with the plan. If, within 14 days after receiving the plan, the cochairpersons notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may not distribute the grants except as approved by the committee.