Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,297,23 (c) From each sum certain appropriation of general purpose revenue identified in paragraph (b), the secretary of administration shall lapse to the general fund the amount specified in paragraph (b) that would otherwise have been expended from each of the appropriations. The secretary shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary makes the lapse, each of the sum certain appropriations is decreased by the amount specified in paragraph (b) for that appropriation.

AB1-ASA1-AA1,298,4 (d) For each sum sufficient appropriation of general purpose revenue identified in paragraph (b) the expenditure estimate for the appropriation during the 2002-03 fiscal year is reestimated to subtract the amount specified in paragraph (b) for that appropriation.".

AB1-ASA1-AA1,298,5 285. Page 352, line 12: after that line insert:

AB1-ASA1-AA1,298,8 "(9q) Prescription drug cost reduction; report. (a) By January 1, 2003, the department of administration shall submit a report that identifies all of the following:

AB1-ASA1-AA1,298,12 1. The participation by health care providers, insurers, and self-insurers in negotiating rebate agreements under section 16.735 (2) (a) of the statutes, as created by this act, and in developing in-state or multistate purchasing groups to negotiate reduced charges under section 16.735 (2) (b) of the statutes, as created by this act.

AB1-ASA1-AA1,298,14 2. Strategies that the department of administration proposes to pursue to reduce costs for prescription drugs in this state.

AB1-ASA1-AA1,298,18 (b) By January 1, 2005, the department of administration shall submit a report that specifies the status of implementing section 16.735 of the statutes, as created by this act, including any success or lack of success in reducing costs for prescription drugs in this state.

AB1-ASA1-AA1,298,22 (c) The department of administration shall submit the reports specified in paragraphs (a) and (b) to the legislature in the manner provided under section 13.172 (3) of the statutes, to the members of the joint committee on finance, and to the governor.".

AB1-ASA1-AA1,298,23 286. Page 352, line 12: after that line insert:

AB1-ASA1-AA1,299,7 "(9ad) Relocation of Eau Claire state office building tenants. Upon completion of the sale of the state office building required under Section 9107 (1) (a) of this act, the department of administration shall relocate the tenants in the building to one or more private leased facilities approved by the building commission that have a rental cost on the effective date of the relocation that is lower than the total rental cost that is paid by the tenants in the building immediately prior to the sale.

AB1-ASA1-AA1,299,8 (9b) Sale or lease of state properties.

AB1-ASA1-AA1,299,9 (a) In this subsection:

AB1-ASA1-AA1,299,11 1. "State agency" has the meaning given under section 20.001 (1) of the statutes.

AB1-ASA1-AA1,299,13 2. "State property" means land and improvements thereto that are owned by this state.

AB1-ASA1-AA1,299,17 3. "Surplus property" means state property under the jurisdiction of the building commission or any other state agency that is not used or needed to carry out the program responsibilities of a state agency and is not included in the plan of a state agency for construction or development.

AB1-ASA1-AA1,299,20 (b) The department of administration shall compile an inventory of surplus property that has the potential to be sold or leased by the state no later than March 15, 2003.

AB1-ASA1-AA1,300,3 (c) The department of administration shall also review and determine which state property, other than surplus property, that is not required by law to be held or used for a specified purpose and that it would be in the long-term best interests of the state to sell or lease. The review shall include office buildings, power plants, and wastewater treatment facilities, regardless of whether the state occupies or uses the property on the effective date of this paragraph. This paragraph does not apply to any state property under the jurisdiction of the board of commissioners of public lands.

AB1-ASA1-AA1,300,17 (d) No later than October 1, 2003, the department of administration shall submit to the cochairpersons of the joint committee on finance a report containing a list of state properties that the department recommends to be offered for sale or lease. In the report, the department shall specify, for each property listed, whether a sale or lease is recommended. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or lease of a particular state property that is included in the report, the department shall direct the building commission to proceed with the sale or lease. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed sale or lease of a particular state property, the department and the building commission shall not proceed with the proposed sale or lease unless the sale or lease is approved by the committee.".

AB1-ASA1-AA1,301,2 287. Page 352, line 24: after "(a)" insert "Notwithstanding section 13.48 (14) (am) of the statutes, the building commission shall offer for sale the state office building located at 718 West Claremont Avenue in the city of Eau Claire and shall sell the building and appurtenant property in accordance with section 13.48 (14) (b) of the statutes. Notwithstanding section 13.48 (14) (c) of the statutes, the commission shall deposit any net proceeds from the sale, after depositing any amount required to be deposited into the bond security and redemption fund, into the budget stabilization fund. Section 13.48 (14) (d) of the statutes does not apply to the sale.

AB1-ASA1-AA1,301,3 (am)".

AB1-ASA1-AA1,301,4 288. Page 353, line 4: delete "general" and substitute "budget stabilization".

AB1-ASA1-AA1,301,5 289. Page 353, line 12: after that line insert:

AB1-ASA1-AA1,301,13 "(1b) Sale or lease of state properties. Notwithstanding section 13.48 (14) (am) of the statutes, the building commission shall offer for sale or lease the state properties authorized under Section 9107 (9b) of this act in accordance with section 13.48 (14) (b) of the statutes. Notwithstanding section 13.48 (14) (c) of the statutes, the commission shall deposit any net proceeds from sales or leases of those properties, after depositing any amount required to be deposited into the bond security and redemption fund, into the budget stabilization fund. Section 13.48 (14) (d) of the statutes does not apply to those properties.".

AB1-ASA1-AA1,301,14 290. Page 353, line 16: after that line insert:

AB1-ASA1-AA1,301,21 "(1v) Proposal for rural finance authority. The department of commerce shall work with the department of administration, the department of agriculture, trade and consumer protection, and the Wisconsin Housing and Economic Development Authority to develop a proposal, to be included in the department of commerce's budget request that is submitted to the department of administration, for the 2003-05 biennium for the creation of a rural finance authority. In developing the proposal, the departments and the authority shall do all of the following:

AB1-ASA1-AA1,301,23 (a) Consider proposing that the rural finance authority be created to offer low-interest loans to agricultural producers in this state.

AB1-ASA1-AA1,302,6 (b) Include a governing board to head the authority and consider the feasibility of an 11-member board consisting of 3 agricultural producers; 3 commercial bankers; 2 other members appointed by the governor; the secretary of commerce and the secretary of agriculture, trade and consumer protection or their designees; and the executive director of the Wisconsin Housing and Economic Development Authority or his or her designee.

AB1-ASA1-AA1,302,12 (c) Consider including programs such as farm purchase assistance loans, including seller assisted loans; beginning farmer loans for the purchase of animals, machinery, and real estate; an agricultural improvement program to finance physical improvements of farm operations; a livestock modernization program; and a program to finance purchases by agricultural producers of stock in cooperatives that engage in agricultural processing.

AB1-ASA1-AA1,302,15 (d) Consider transferring agricultural programs administered by the Wisconsin Housing and Economic Development Authority to the rural finance authority.".

AB1-ASA1-AA1,302,16 291. Page 353, line 16: after that line insert:

AB1-ASA1-AA1,302,17 "(1f) Wireless 911 surcharge rules.

AB1-ASA1-AA1,302,18 (a) Definition. In this subsection, "board" means the wireless 911 board.

AB1-ASA1-AA1,303,4 (b) Board rules. If all of the members of the board are appointed and qualified on July 1, 2002, the board shall, using the procedure under section 227.24 of the statutes, promulgate the rules under section 146.70 (3m) (d) 3. of the statutes, as created by this act, for the period before permanent rules become effective, 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 board 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.

AB1-ASA1-AA1,303,16 (c) Department of commerce rules. Notwithstanding section 146.70 (3m) (d) 3. of the statutes, as created by this act, if all of the members of the board are not appointed and qualified on July 1, 2002, the department of commerce shall, using the procedure under section 227.24 of the statutes, promulgate the rules under section 146.70 (3m) (d) 3. of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of commerce is not required to provide evidence that promulgating a rule under this 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.

AB1-ASA1-AA1,303,20 (2f) Initial members of wireless 911 board. Notwithstanding section 15.155 (5) (b) of the statutes, as created by this act, the initial members of the wireless 911 board under section 15.155 (5) (a) 5. and 6. of the statutes, as created by this act, shall be appointed to serve the following terms:

AB1-ASA1-AA1,303,23 (a) One member appointed under section 15.155 (5) (a) 5. of the statutes, as created by this act, and one member appointed under section 15.155 (5) (a) 6. of the statutes, as created by this act, for terms expiring on May 1, 2004.

AB1-ASA1-AA1,304,3 (b) One member appointed under section 15.155 (5) (a) 5. of the statutes, as created by this act, and one member appointed under section 15.155 (5) (a) 6. of the statutes, as created by this act, for terms expiring on May 1, 2005.

AB1-ASA1-AA1,304,6 (c) One member appointed under section 15.155 (5) (a) 5. of the statutes, as created by this act, and one member appointed under section 15.155 (5) (a) 6. of the statutes, as created by this act, for terms expiring on May 1, 2006.

AB1-ASA1-AA1,304,9 (d) One member appointed under section 15.155 (5) (a) 5. of the statutes, as created by this act, and one member appointed under section 15.155 (5) (a) 6. of the statutes, as created by this act, for terms expiring on May 1, 2007.".

AB1-ASA1-AA1,304,10 292. Page 355, line 21: after that line insert:

AB1-ASA1-AA1,304,22 "(1v) Emergency rules; universal banking. Except as otherwise provided in this subsection, using the procedure under section 227.24 of the statutes, the division of banking may promulgate rules authorized under chapter 222 of the statutes, as created by this act, for the period before permanent rules become effective, 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 division of banking 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. This subsection does not apply to the promulgation of rules under section 222.0413 (2) (b) of the statutes, as created by this act.".

AB1-ASA1-AA1,304,23 293. Page 356, line 4: after that line insert:

AB1-ASA1-AA1,305,17 "(1x) Underage tobacco enforcement. The department of health and family services shall identify $3,011,300 in appropriated moneys in the appropriation accounts of that department, other than sum sufficient appropriation accounts, for transfer to the appropriation account under section 20.435 (7) (kz) of the statutes 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 for transfer as described in this subsection, the department may not identify any appropriated moneys for transfer if the transfer would change legislative intent with respect to the program funded by those appropriated moneys. By June 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.".

AB1-ASA1-AA1,305,18 294. Page 356, line 5: delete lines 5 to 8.

AB1-ASA1-AA1,305,19 295. Page 357, line 24: after that line insert:

AB1-ASA1-AA1,305,20 "(2v) Disease management.

AB1-ASA1-AA1,305,22 (a) In this subsection, "disease management" has the meaning given in section 49.45 (50) (a) of the statutes, as created by this act.

AB1-ASA1-AA1,306,2 (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.".

AB1-ASA1-AA1,306,3 296. Page 357, line 24: after that line insert:

AB1-ASA1-AA1,306,4 "(2zw) Exceptions to compulsory vaccination; rules.

AB1-ASA1-AA1,306,8 (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.

AB1-ASA1-AA1,306,18 (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.

AB1-ASA1-AA1,306,20 (2zx) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.

AB1-ASA1-AA1,306,24 (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.

AB1-ASA1-AA1,307,10 (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.".

AB1-ASA1-AA1,307,11 297. Page 357, line 24: after that line insert:

AB1-ASA1-AA1,307,16 "(2x) Distribution of driver improvement surcharge moneys. By the date that is 14 days after the effective date of this subsection, the department of health and family services shall distribute from the appropriation account under section 20.435 (7) (hy) of the statutes, moneys available for expenditure under that appropriation account.".

AB1-ASA1-AA1,307,17 298. Page 358, line 15: after that line insert:

AB1-ASA1-AA1,307,23 "(4f) Community health centers funding. The department of health and family services shall include, in its 2003-05 biennial budget request, a proposal that, notwithstanding section 250.15 (2) (b) of the statutes, grants to community health centers that receive federal grants under 42 USC 254b (e), (g), or (h) be based on the funding needs of individual community health centers, rather than on the formula under section 250.15 (2) (b) of the statutes.".

AB1-ASA1-AA1,307,24 299. Page 358, line 15: after that line insert:

AB1-ASA1-AA1,308,7 "(3xx) Plan for services for persons with developmental disabilities. The department of health and family services shall develop a plan to administer and fund services for persons with developmental disabilities. The plan, which shall include any recommended statutory language changes that are needed to implement the plan, shall be included in that department's budget request that is submitted to the department of administration for the 2003-05 biennium. The plan shall include the following components:

AB1-ASA1-AA1,308,13 (a) Institutional and community-based services for persons with developmental disabilities shall be administered within one administrative subunit of the department of health and family services. The subunit that is designated to administer these services shall be the subunit that is administering community-based services for persons with developmental disabilities on the effective date of this paragraph.

AB1-ASA1-AA1,308,19 (b) Funding under the medical assistance program for institutional services and home and community-based waiver services for persons with developmental disabilities shall be combined into one appropriation, to the extent permissible under federal law. The funding in this appropriation may not be tied to any specific program or service setting, but shall be individually tailored to enable the person to live in the least restrictive setting appropriate to his or her needs and preferences.

AB1-ASA1-AA1,309,2 (3xy) Medical assistance waivers for developmental disabilities services. The department of health and family services shall determine whether any new waivers under the medical assistance program are necessary to administer funding for medical assistance services as described in subsection (1) (b). That department shall apply for any waivers of federal medical assistance statutes and regulations from the federal department of health and human services that the department of health and family services determines are necessary to administer funding for medical assistance services as described in subsection (1) (b).

AB1-ASA1-AA1,309,3 (3xz) State centers task force.

AB1-ASA1-AA1,309,10 (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 September 1, 2002, 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:

AB1-ASA1-AA1,309,13 1. Specify the future role of the state and the state centers for the developmentally disabled in providing services for persons with developmental disabilities.

AB1-ASA1-AA1,309,16 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.

AB1-ASA1-AA1,309,20 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.

AB1-ASA1-AA1,309,22 4. Ensure the provision of quality community-based services for persons who are able to be relocated from the state centers.

AB1-ASA1-AA1,309,25 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.

AB1-ASA1-AA1,310,3 (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:

AB1-ASA1-AA1,310,4 1. The department of health and family services.

AB1-ASA1-AA1,310,5 2. The department of veterans affairs.

AB1-ASA1-AA1,310,6 3. The department of corrections.

AB1-ASA1-AA1,310,7 4. The governor's office.

AB1-ASA1-AA1,310,9 5. The American Federation of State, County and Municipal Employees union, the Service Employees International union, District 1199, and other labor unions.

AB1-ASA1-AA1,310,11 6. Parents or guardians of current residents of the state centers for the developmentally disabled.

AB1-ASA1-AA1,310,13 7. Former and current residents of the state centers for the developmentally disabled.

AB1-ASA1-AA1,310,14 8. Advocates for persons with developmental disabilities.

AB1-ASA1-AA1,310,16 9. A member of the board of an intermediate care facility for the mentally retarded.

AB1-ASA1-AA1,310,18 10. Organizations that provide services to persons with developmental disabilities in the community.

AB1-ASA1-AA1,310,20 11. County departments that provide services to persons with developmental disabilities.".

AB1-ASA1-AA1,310,21 300. Page 358, line 15: after that line insert:

AB1-ASA1-AA1,310,22 "(4r) Prohibiting recovery of pharmacy overpayments.

AB1-ASA1-AA1,310,24 (a) The department of health and family services may not recover any part of a payment to which all of the following apply:

AB1-ASA1-AA1,311,3 1. The payment was made by the department between July 1, 1998, and January 29, 2001, for a prescription drug under the health insurance risk-sharing plan under chapter 149 of the statutes.

AB1-ASA1-AA1,311,5 2. In December 2001, the department issued a notice of intent to recover all or part of the payment.

AB1-ASA1-AA1,311,10 3. The intended recovery of all or part of the payment is based on a determination by the department that the amount paid was incorrect due to the transition of the administration of the health insurance risk-sharing plan under chapter 149 of the statutes from the office of the commissioner of insurance to the department.