Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,402,12 467. Page 345, line 19: after that line insert:

AB1-ASA1-CA1,402,13 " Section 1151r. 979.012 of the statutes is created to read:

AB1-ASA1-CA1,402,21 979.012 Reporting deaths of public health concern. (1) If a coroner or medical examiner is aware of the death of a person who, at the time of his or her death, had an illness or a health condition that satisfies s. 166.02 (7) (a), the coroner or medical examiner shall report the illness or health condition to the department of health and family services and to the local health department, as defined in s. 250.01 (4), in whose jurisdiction the coroner or medical examiner is located in writing or by electronic transmission within 24 hours of learning of the deceased's illness or health condition.

AB1-ASA1-CA1,402,23 (2) In a report under sub. (1), the coroner or medical examiner shall include all of the following information if such information is available:

AB1-ASA1-CA1,402,24 (a) The illness or health condition of the deceased.

AB1-ASA1-CA1,403,2 (b) The name, date of birth, gender, race, occupation, and home and work addresses of the deceased.

AB1-ASA1-CA1,403,3 (c) The name and address of the coroner or medical examiner.

AB1-ASA1-CA1,403,6 (d) If the illness or health condition was related to an animal or insect bite, the suspected location where the bite occurred and the name and address of the owner of the animal or insect, if an owner is identified.".

AB1-ASA1-CA1,403,7 468. Page 345, line 25: after that line insert:

AB1-ASA1-CA1,403,9 " Section 1157s. 1999 Wisconsin Act 9, section 9158 (8w) (e) is amended to read:

AB1-ASA1-CA1,403,19 [1999 Wisconsin Act 9] Section 9158 (8w) (e) Notwithstanding the procedures for dissolution of a regional planning commission that are specified under section 66.945 (15) of the statutes, the Dane County regional planning commission shall be dissolved on October 1, 2002 2004. All unexpended funds of the commission on that date shall be applied to any outstanding indebtedness of the commission. If any outstanding indebtedness of the commission remains after the application of the unexpended funds to such debts, the remaining indebtedness shall be assessed to Dane County. If the commission has no outstanding indebtedness and has unexpended funds, such funds shall be returned to the cities, villages, towns or county that supplied them.".

AB1-ASA1-CA1,403,20 469. Page 346, line 8: after that line insert:

AB1-ASA1-CA1,403,21 " Section 1160p. 2001 Wisconsin Act 16, section 9157 (7e) is amended to read:

AB1-ASA1-CA1,404,2 [2001 Wisconsin Act 16] Section 9157 (7e) Cost-effective transportation services for veterans. The department of veterans affairs and the department of administration, jointly, shall determine the most cost-effective methods for providing statewide transportation services to disabled veterans under section 45.43 (7m) of the statutes, as created by this act.".

AB1-ASA1-CA1,404,3 470. Page 346, line 8: after that line insert:

AB1-ASA1-CA1,404,4 " Section 1160p. 2001 Wisconsin Act 16, section 9158 (8x) is amended to read:

AB1-ASA1-CA1,404,13 [2001 Wisconsin Act 16] Section 9158 (8x) Community youth grants. Notwithstanding section 49.175 (1) (z) of the statutes, as affected by this act, from the moneys allocated under section 49.175 (1) (z) of the statutes, as affected by this act, the department of workforce development shall provide grants in each fiscal year of the 2001-03 fiscal biennium to the Wisconsin chapters of the Boys and Girls Clubs of America to improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq. The total amount of grants that are provided under this subsection in each fiscal year of the 2001-03 fiscal biennium shall be $50,000 $300,000.".

AB1-ASA1-CA1,404,14 471. Page 346, line 13: after that line insert:

AB1-ASA1-CA1,404,16 " Section 1160rd. 2001 Wisconsin Act 16, section 9323 (18k), (18m), (18n), (18pk), (18pm) and (18pn) are repealed.

AB1-ASA1-CA1, s. 1160ut Section 1160ut. 2001 Wisconsin Act 16, section 9423 (18k) is repealed.".

AB1-ASA1-CA1,404,18 472. Page 348, line 9: after that line insert:

AB1-ASA1-CA1,404,20 "(6e) Lapses from certain appropriations from which membership dues in national, state, and local nongovernmental organizations are paid.

AB1-ASA1-CA1,404,21 (a) In this subsection:

AB1-ASA1-CA1,404,22 1. "Secretary" means the secretary of administration.

AB1-ASA1-CA1,404,23 2. "State agency" has the meaning given in section 20.001 (1) of the statutes.

AB1-ASA1-CA1,405,4 (b) The secretary shall determine for each state agency the amount expended by the state agency for membership dues for any national, state, or local nongovernmental organization in the 2000-01 fiscal year that was funded from general purpose revenue and the appropriation from which the dues were paid.

AB1-ASA1-CA1,405,9 (c) From each sum certain appropriation of general purpose revenue identified in paragraph (b), the secretary shall lapse to the general fund in the 2002-03 fiscal year an amount that equals 20% of the amount specified in paragraph (b) for that appropriation. After the secretary makes the lapse, each of the sum certain appropriations is decreased by the amount of the lapse.

AB1-ASA1-CA1,405,13 (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 an amount that equals 20% of the amount specified in paragraph (b) for that appropriation.".

AB1-ASA1-CA1,405,14 473. Page 350, line 2: after that line insert:

AB1-ASA1-CA1,405,21 "(8w) Tuition appropriation expenditure estimate increase. When amending the schedule under section 20.004 (2) of the statutes, in addition to making any other reduction required by law, the department of administration shall increase the estimated expenditure amount that appears in the schedule for the appropriation account under section 20.285 (1) (im) of the statutes by $6,700,000 to reflect additional academic fees and tuition that may be received under section 36.27 (1) (cm) of the statutes, as created by this act.".

AB1-ASA1-CA1,405,22 474. Page 350, line 3: delete lines 3 to 11.

AB1-ASA1-CA1,405,23 475. Page 352, line 12: after that line insert:

AB1-ASA1-CA1,405,24 "(9b) Sale or lease of state surplus property.

AB1-ASA1-CA1,406,1 (a) In this subsection:

AB1-ASA1-CA1,406,2 1. "State agency" has the meaning given in section 20.001 (1) of the statutes.

AB1-ASA1-CA1,406,4 2. "State property" means land and improvements thereto that are owned by this state.

AB1-ASA1-CA1,406,8 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-CA1,406,11 (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-CA1,406,25 (c) 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 surplus property that the department recommends 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 surplus 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 surplus 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-CA1,407,1 476. Page 352, line 18: after that line insert:

AB1-ASA1-CA1,407,2 "(4xv) Transfer of consumer protection functions.

AB1-ASA1-CA1,407,13 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to programs or functions transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB1-ASA1-CA1,407,21 (b) Employee transfers. In the department of agriculture, trade and consumer protection 21.0 FTE positions that are primarily related to programs or functions that are transferred to the department of justice under this act, and the incumbents holding these positions are transferred to the department of justice. The secretary of administration shall determine which incumbents will be transferred. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB1-ASA1-CA1,408,3 (c) Employee status. Employees transferred under paragraph (b) have all the rights and same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection 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-CA1,408,15 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to programs or functions that are transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision.

AB1-ASA1-CA1,408,21 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a program or function that is transferred to the department of justice under this act is transferred to the department of justice. All materials submitted or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

AB1-ASA1-CA1,409,11 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to programs or functions transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

AB1-ASA1-CA1,409,21 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions that are transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to programs or functions transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

AB1-ASA1-CA1,409,24 (h) Decrease in positions. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (8) (jm), 1999 stats., are decreased by 5.5 PR positions.".

AB1-ASA1-CA1,410,1 477. Page 352, line 19: after that line insert:

AB1-ASA1-CA1,410,5 "(1c) Milwaukee Art Museum. The arts board shall spend the amount in the appropriation account under section 20.215 (1) (cm) of the statutes, as created by this act, for the Leonardo da Vinci and the Splendor of Poland art exhibitions at the Milwaukee Art Museum.".

AB1-ASA1-CA1,410,6 478. Page 353, line 12: after that line insert:

AB1-ASA1-CA1,410,14 "(1b) Sale or lease of state surplus property. Notwithstanding section 13.48 (14) (am) of the statutes, the building commission shall offer for sale or lease the surplus property 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 that property.".

AB1-ASA1-CA1,410,15 479. Page 353, line 15: after that line insert:

AB1-ASA1-CA1,410,16 "(1z) Relative placement permanency plans.

AB1-ASA1-CA1,411,4 (a) Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the statutes, under the supervision of an agency under section 48.64 (2) of the statutes, under a consent decree under section 48.32 or 938.32 of the statutes, or under an order under section 48.355 or 938.355 of the statutes on the day before the effective date of this paragraph, the agency assigned primary responsibility for providing services to those children or juveniles shall file a permanency plan with that court with respect to not less than 33% of those children or juveniles by September 1, 2002, with respect to not less than 67% of those children or juveniles by November 1, 2002, and with respect to all of those children or juveniles by January 1, 2003, giving priority to those children or juveniles who have been living in the home of a relative for the longest period of time.

AB1-ASA1-CA1,411,12 (b) The agency shall request the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, as affected by this act, to make a finding under section 48.363 or 938.363 of the statutes that reasonable efforts have been made to prevent the removal of the child or juvenile from the home or that those efforts are not required to be made because a circumstance specified in section 48.355 (2d) (b) 1. to 5. of the statutes, as affected by this act, or section 938.355 (2d) (b) 1. to 4. of the statutes, as affected by this act, applies, not more than 60 days after the date on which the permanency plan is filed.

AB1-ASA1-CA1,411,19 (c) Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act, section 48.38 (5m) of the statutes, as created by this act, section 938.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5m) of the statutes, as created by this act, a permanency plan filed under this subsection shall be reviewed within 6 months after the date on which the permanency plan is filed and a permanency plan hearing shall be had to review a permanency plan filed under this subsection within 12 months after the date on which the permanency plan is filed.".

AB1-ASA1-CA1,411,20 480. Page 353, line 16: after that line insert:

AB1-ASA1-CA1,412,3 "(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-CA1,412,5 (a) Consider proposing that the rural finance authority be created to offer low-interest loans to agricultural producers in this state.

AB1-ASA1-CA1,412,11 (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-CA1,412,17 (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-CA1,412,20 (d) Consider transferring agricultural programs administered by the Wisconsin Housing and Economic Development Authority to the rural finance authority.".

AB1-ASA1-CA1,412,21 481. Page 353, line 16: after that line insert:

AB1-ASA1-CA1,413,10 "(1c) Grant to Forward Wisconsin, Inc., for study and proposal on brand image. From the appropriation under section 20.143 (1) (bp) of the statutes, as created by this act, the department of commerce shall provide a grant of $50,000 in fiscal year 2002-03 to Forward Wisconsin, Inc., to contract for a study and the creation of a proposal for a national brand image for the state related to technology and biotechnology. The department of commerce shall enter into an agreement with Forward Wisconsin, Inc., that specifies the uses for the grant proceeds under this subsection and reporting and auditing requirements. No later than December 31, 2003, the department of commerce shall submit to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes a report that includes the results of the study and the conclusions and recommendations of Forward Wisconsin, Inc., with respect to a proposal for a national brand image for the state.".

AB1-ASA1-CA1,413,11 482. Page 353, line 16: after that line insert:

AB1-ASA1-CA1,413,16 "(1z) Division of international and export services. The authorized FTE positions for the department of commerce are increased by 2.5 PR positions on July 1, 2002, or on the day after publication, whichever is later, to be funded from the appropriation under section 20.143 (1) (g) of the statutes, for the division of international and export services.".

AB1-ASA1-CA1,413,17 483. Page 355, line 15: after that line insert:

AB1-ASA1-CA1,413,23 "(1v) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes before the effective date of this subsection, the department of employee trust funds may fill 3.5 FTE GPR positions that are vacant on the effective date of this subsection, that are authorized to the department under section 16.505 of the statutes, and that are funded from the appropriation under section 20.512 (2) (a) of the statutes.".

AB1-ASA1-CA1,413,24 484. Page 356, line 1: delete lines 1 to 4.

AB1-ASA1-CA1,414,1 485. Page 356, line 4: after that line insert:

AB1-ASA1-CA1,414,2 "(1z) Rural health dental clinics.

AB1-ASA1-CA1,414,8 (a) Notwithstanding the amounts specified for expenditure in state fiscal year 2001-02 under section 146.65 (1) (a) and (b) of the statutes, the department of health and family services shall, in state fiscal year 2002-03, distribute moneys under section 146.65 (1) (a) of the statutes that were unexpended under that paragraph on July 1, 2002, and distribute moneys under section 146.65 (1) (b) of the statutes that were unexpended under that paragraph on July 1, 2002.

AB1-ASA1-CA1,414,14 (b) Notwithstanding section 16.42 of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-2005 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (5) (dm) of the statutes as though the increase in the dollar amount of that appropriation by Section 9329 (18z) of this act had not been made.".

AB1-ASA1-CA1,414,15 486. Page 356, line 4: after that line insert:

AB1-ASA1-CA1,415,8 "(1x) Underage tobacco enforcement. The department of health and family services shall identify $3,012,200 in appropriated moneys in the appropriation accounts of that department, other than sum sufficient appropriation accounts, 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 to fund activities conducted under section 254.916 of the statutes as described in this subsection, the department may not identify any appropriated moneys to fund those activities if funding those activities would change legislative intent with respect to the program funded by those appropriated moneys. By September 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-CA1,415,9 487. Page 357, line 24: after that line insert:

AB1-ASA1-CA1,415,10 "(2v) Disease management.

AB1-ASA1-CA1,415,12 (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-CA1,415,16 (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-CA1,415,17 488. Page 357, line 24: after that line insert:

AB1-ASA1-CA1,415,18 "(2zw) Exceptions to compulsory vaccination; rules.

AB1-ASA1-CA1,415,22 (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-CA1,416,8 (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-CA1,416,10 (2zx) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.

AB1-ASA1-CA1,416,14 (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-CA1,416,24 (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-CA1,417,1 489. Page 357, line 24: after that line insert: