Amendment JR2 AA1-ASA1-AB1

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:

AB1-ASA1-AA1,316,8 "(1t) Energy conservation.

AB1-ASA1-AA1,316,9 (a) In this subsection:

AB1-ASA1-AA1,316,10 1. "Commission" means the public service commission.

AB1-ASA1-AA1,316,11 2. "Utility" has the meaning given in section 196.374 (1) (c) of the statutes.

AB1-ASA1-AA1,316,23 (b) Notwithstanding the requirement under section 196.374 (3) of the statutes for a utility to make specified contributions to the commission in a fiscal year of the amounts determined by the commission under section 196.374 (2) of the statutes, the commission may allow a utility to retain in fiscal year 2002-03 a portion of the amounts determined by the commission under section 196.374 (2) (b), (c), and (d) of the statutes, instead of contributing the portion to the commission, if the commission determines that the portion is attributable to energy conservation programs for industrial, commercial, and agricultural customers in the utility's service area. If the commission allows a utility to retain a portion under this paragraph, the utility must contribute 1.75% of the portion to the commission for research and development for energy conservation and efficiency and must contribute 4.5% of the portion to the commission for renewable resource programs.".

AB1-ASA1-AA1,316,24 311. Page 362, line 24: after that line insert:

AB1-ASA1-AA1,317,6 "(2c) Deadline for filing 2001 property tax exemption report. Notwithstanding section 70.11 (intro.) of the statutes, if the owner of property that is exempt under section 70.11 of the statutes filed the report required under section 70.11 (intro.) of the statutes no later than December 21, 2001, related to the property tax assessment as of January 1, 2001, the form has the same effect as if it had been filed by March 1, 2001.".

AB1-ASA1-AA1,317,7 312. Page 364, line 6: after that line insert:

AB1-ASA1-AA1,317,14 "(1wy) Highway rest areas. The total amount of any proposed expenditures or encumbrances that the department of transportation does not make in the 2001-03 fiscal biennium as a result of the implementation of section 84.04 (4) of the statutes, as created by this act, shall be expended or encumbered by the department in the 2001-03 fiscal biennium to reopen previously closed rest areas or to keep open rest areas that are proposed for closure in areas where other rest areas and motorist services described in section 86.195 (3) of the statutes are not available.".

AB1-ASA1-AA1,317,15 313. Page 364, line 7: after that line insert:

AB1-ASA1-AA1,317,19 "(1k) Grandfather provision; unclaimed gift certificates. The treatment of sections 177.01 (10) (a) 2. and 177.14 of the statutes does not apply to any property paid or delivered to the state treasurer under section 177.17 (4) (a) 2. of the statutes or section 177.19 (1), 1999 stats., before the effective date of this subsection.".

AB1-ASA1-AA1,317,20 314. Page 365, line 16: after that line insert:

AB1-ASA1-AA1,317,21 "(5m) Consolidation of state vehicle fleet maintenance operations.

AB1-ASA1-AA1,318,2 (a) On the effective date of this paragraph, the assets and liabilities of the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, shall become assets and liabilities of the department of administration.

AB1-ASA1-AA1,318,7 (b) On the effective date of this paragraph, all tangible personal property, including records, of the board of regents of the University of Wisconsin System that is primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, is transferred to the department of administration.

AB1-ASA1-AA1,318,15 (c) All contracts entered into by the board of regents of the University of Wisconsin System in effect on the effective date of this paragraph that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, as determined by the secretary of administration, are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

AB1-ASA1-AA1,318,25 (d) All rules promulgated by the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the board of regents of the University of Wisconsin System that are primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

AB1-ASA1-AA1,319,7 (e) Any matter pending with the board of regents of the University of Wisconsin System that is primarily related to its vehicle fleet maintenance functions at the University of Wisconsin-Madison on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the board of regents of the University of Wisconsin System with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB1-ASA1-AA1,319,12 (f) Notwithstanding section 16.42 of the statutes, the board of regents of the University of Wisconsin System shall submit information under section 16.42 of the statutes for purposes of the 2003-05 biennial budget bill reflecting any savings incurred by the board of regents from consolidation of vehicle fleet maintenance functions under this subsection.

AB1-ASA1-AA1,319,14 (g) The board of regents of the University of Wisconsin System shall fully cooperate with the department of administration in implementing this subsection.".

AB1-ASA1-AA1,319,15 315. Page 365, line 19: delete lines 19 to 22.

AB1-ASA1-AA1,319,16 316. Page 365, line 23: delete lines 23 to 25.

AB1-ASA1-AA1,319,17 317. Page 366, line 1: delete lines 1 to 10.

AB1-ASA1-AA1,319,18 318. Page 366, line 10: after that line insert:

AB1-ASA1-AA1,319,19 "(2f) Governor's work-based learning board.

AB1-ASA1-AA1,319,22 (d) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the governor's work-based learning board shall become the assets and liabilities of the department of workforce development.

AB1-ASA1-AA1,320,3 (e) Employee transfers. On the effective date of this paragraph, all positions in the governor's work-based learning board, except the executive director position under section 106.12 (3), 1999 stats., and the incumbent employees holding those positions, as determined by the secretary of administration, are transferred to the department of workforce development .

AB1-ASA1-AA1,320,9 (f) Employee status. Employees transferred under paragraph (e ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of workforce development that they enjoyed in the governor's work-based learning board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB1-ASA1-AA1,320,12 (g) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the governor's work-based learning board is transferred to the department of workforce development.

AB1-ASA1-AA1,320,18 (h) Pending matters. Any matter pending with the governor's work-based learning board on the effective date of this paragraph is transferred to the department of workforce development. All materials submitted to or actions taken by the governor's work-based learning board with respect to the pending matter are considered as having been submitted to or taken by the department of workforce development.