Amendment JR2 AA1-ASA1-AB1

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.

AB1-ASA1-AA1,311,14 (b) The department of health and family services shall return to any person, as defined in section 990.01 (26) of the statutes, any amount that is prohibited from recovery under this subsection that was recovered by the department before the effective date of this paragraph.".

AB1-ASA1-AA1,311,15 301. Page 358, line 21: after that line insert:

AB1-ASA1-AA1,311,19 "(1q) Small employer catastrophic reinsurance board. Notwithstanding the length of terms specified for the members of the small employer catastrophic reinsurance board under section 15.735 (1) (b) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

AB1-ASA1-AA1,311,22 (a) One member representing small employers, one member representing small employer insurers, and one member representing hospitals, for terms expiring on May 1, 2005.

AB1-ASA1-AA1,311,24 (b) Two members representing small employer insurers, and the member who is a physician, for terms expiring on May 1, 2006.

AB1-ASA1-AA1,312,3 (c) One member representing small employers, one member representing small employer insurers, one member representing hospitals, and the member who is a nurse, for terms expiring on May 1, 2007.

AB1-ASA1-AA1,312,14 (2q) Rules related to small employer insurer catastrophic risk. Using the procedure under section 227.24 of the statutes, the commissioner of insurance may promulgate the rules required under section 635.25 (4) (a) and (5) of the statutes, as created by this act, for the period before the effective date of the permanent rules required under section 635.25 (4) (a) and (5) 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 commissioner is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB1-ASA1-AA1,312,19 (3q) Uniform employee application form rules. The commissioner of insurance shall submit in proposed form the rules required under section 601.41 (8) (b) 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 5th month beginning after the effective date of this subsection.".

AB1-ASA1-AA1,312,20 302. Page 359, line 1: after that line insert:

AB1-ASA1-AA1,312,24 "(1q) Health insurance costs study. The joint legislative council is requested to conduct a study on the rising costs of health insurance. If the joint legislative council conducts the study, it shall report its findings and conclusions to the legislature in the manner provided under section 13.172 (2) of the statutes.".

AB1-ASA1-AA1,313,1 303. Page 359, line 1: after that line insert:

AB1-ASA1-AA1,313,2 "(1z) Legislative hotline.

AB1-ASA1-AA1,313,5 (a) The authorized FTE positions for the assembly, funded from the appropriation under section 20.765 (1) (a) of the statutes, are decreased by 1.0 GPR position on July 1, 2002, for the purpose of eliminating the legislative hotline.

AB1-ASA1-AA1,313,8 (b) The authorized FTE positions for the senate, funded from the appropriation under section 20.765 (1) (b) of the statutes, are decreased by 1.0 GPR position on July 1, 2002, for the purpose of eliminating the legislative hotline.".

AB1-ASA1-AA1,313,10 304. Page 359, line 10: delete that line and substitute "appropriation under section 20.465 (4) (ka) of the statutes, as affected by this".

AB1-ASA1-AA1,313,11 305. Page 359, line 22: after that line insert:

AB1-ASA1-AA1,313,18 "(1v) Council on forestry. Notwithstanding the length of term specified in section 15.347 (18) (c) of the statutes, as created in this act, of the members first appointed to the council on forestry under section 15.347 (18) (a) 6. to 19. of the statutes, as created by this act, the governor shall designate 4 members to serve for terms expiring on July 1, 2005, 3 members to serve for terms expiring on July 1, 2006, 4 members to serve for terms expiring on July 1, 2007, and 3 members to serve for terms expiring on July 1, 2008.".

AB1-ASA1-AA1,313,19 306. Page 360, line 13: after that line insert:

AB1-ASA1-AA1,314,3 "(3q) Initial terms of environmental results council. Notwithstanding the length of terms specified for the environmental results council under section 15.347 (3) of the statutes, as created by this act, 3 of the initial members shall be appointed for terms that expire on July 1, 2003, 3 of the initial members shall be appointed for terms that expire on July 1, 2004, 3 of the initial members shall be appointed for terms that expire on July 1, 2005, 3 of the initial members shall be appointed for terms that expire on July 1, 2006, and 3 of the initial members shall be appointed for terms that expire on July 1, 2007.".

AB1-ASA1-AA1,314,4 307. Page 360, line 13: after that line insert:

AB1-ASA1-AA1,314,8 "(2q) General program operations; federal funds; forestry. The authorized FTE positions for the department of natural resources are increased by 3.5 FED positions related to forestry on July 1, 2002, to be funded from the appropriation under section 20.370 (1) (my) of the statutes.

AB1-ASA1-AA1,314,12 (2r) General program operations; federal funds; southern state forests. The authorized FTE positions for the department of natural resources are increased by 2.0 FED positions related to the southern state forests on July 1, 2002, to be funded from the appropriation under section 20.370 (1) (my) of the statutes.

AB1-ASA1-AA1,314,16 (2s) General program operations; administrative services. The authorized FTE positions for the department of natural resources are increased by 1.48 PR positions related to forestry on July 1, 2002, to be funded from the appropriation under section 20.370 (8) (mk) of the statutes.

AB1-ASA1-AA1,314,19 (2t) Required general fund balance. Section 20.003 (4) of the statutes and 2001 Wisconsin Act 16, section 9101 (25j), do not apply to the action of the legislature in enacting this act.".

AB1-ASA1-AA1,314,20 308. Page 360, line 13: after that line insert:

AB1-ASA1-AA1,315,2 "(2f) Invasive species council staggered terms. Notwithstanding the length of term specified in section 15.347 (18) (b) 7. of the statutes, as created in this act, of the members first appointed to the invasive species council under section 15.347 (18) (b) 7. of the statutes, as created by this act, the governor shall designate 2 members to serve for terms expiring on July 1, 2007, 2 members to serve for terms expiring on July 1, 2008, and 3 members to serve for terms expiring on July 1, 2009.".

AB1-ASA1-AA1,315,3 309. Page 362, line 12: after that line insert:

AB1-ASA1-AA1,315,4 "(1f) Engineering plans.

AB1-ASA1-AA1,315,7 (a) In this subsection, "water withdrawing large electric generating facility" has the meaning given in section 196.491 (1) (u) of the statutes, as created by this act.

AB1-ASA1-AA1,316,2 (b) Notwithstanding section 196.491 (3) (a) 3. a. and b. of the statutes, as affected by this act, and except as provided in paragraph (c), a person who has filed an application for a water withdrawing large electric generating facility under section 196.491 (3) (a) 1. of the statutes after January 1, 2001, but before the effective date of this paragraph, shall, no later than 30 days after the effective date of this paragraph, provide the department of natural resources with a supplemental engineering plan that includes a description of the anticipated effects of the facility on residential wells. No later than 60 days after the department of natural resources receives a supplemental plan under this paragraph, the department shall determine whether the water withdrawing large electric generating facility will substantially reduce the availability of water to a residential well or cause a preventive action limit established under section 160.15 of the statutes to be exceeded in water produced by a residential well. Notwithstanding section 196.491 (3) of the statutes, the public service commission may not issue a certificate of public convenience and necessity for a water withdrawing large electric generating facility if the department of natural resources determines under this paragraph that the facility will substantially reduce the availability of water to a residential well or cause a preventive action limit established under section 160.15 of the statutes to be exceeded in water produced by a residential well.

AB1-ASA1-AA1,316,6 (c) Paragraph (b) does not apply to a person if the public service commission has, before the effective date of this paragraph, concluded a public hearing on the person's application for a water withdrawing large electric generating facility under section 196.491 (3) (b) of the statutes.".

AB1-ASA1-AA1,316,7 310. Page 362, line 12: after that line insert: