Amendment JR2 CA1-ASA1-AB1

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:

AB1-ASA1-CA1,417,6 "(2w) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 9. of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.".

AB1-ASA1-CA1,417,7 490. Page 358, line 15: after that line insert:

AB1-ASA1-CA1,417,8 "(4r) Prohibiting recovery of pharmacy overpayments.

AB1-ASA1-CA1,417,10 (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-CA1,417,13 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-CA1,417,15 2. In December 2001, the department issued a notice of intent to recover all or part of the payment.

AB1-ASA1-CA1,417,20 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-CA1,417,24 (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-CA1,418,1 491. Page 358, line 15: after that line insert:

AB1-ASA1-CA1,418,2 "(3xz) State centers task force.

AB1-ASA1-CA1,418,10 (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 the first day of the 7th month beginning after the effective date of this paragraph, 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-CA1,418,13 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-CA1,418,16 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-CA1,418,20 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-CA1,418,22 4. Ensure the provision of quality community-based services for persons who are able to be relocated from the state centers.

AB1-ASA1-CA1,419,3 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-CA1,419,6 (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-CA1,419,7 1. The department of health and family services.

AB1-ASA1-CA1,419,8 2. The department of veterans affairs.

AB1-ASA1-CA1,419,9 3. The department of corrections.

AB1-ASA1-CA1,419,10 4. The governor's office.

AB1-ASA1-CA1,419,12 5. The American Federation of State, County and Municipal Employees union, the Service Employees International union, District 1199, and other labor unions.

AB1-ASA1-CA1,419,14 6. Parents or guardians of current residents of the state centers for the developmentally disabled.

AB1-ASA1-CA1,419,16 7. Former and current residents of the state centers for the developmentally disabled.

AB1-ASA1-CA1,419,17 8. Advocates for persons with developmental disabilities.

AB1-ASA1-CA1,419,19 9. A member of the board of an intermediate care facility for the mentally retarded.

AB1-ASA1-CA1,419,21 10. Organizations that provide services to persons with developmental disabilities in the community.

AB1-ASA1-CA1,419,23 11. County departments that provide services to persons with developmental disabilities.".

AB1-ASA1-CA1,419,24 492. Page 358, line 15: after that line insert:

AB1-ASA1-CA1,420,1 "(4g) Fees for patient health care records; rules.

AB1-ASA1-CA1,420,5 (a) The department of health and family services shall submit in proposed form the rules required under section 146.83 (3m) 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 10th month beginning after the effective date of this subsection.

AB1-ASA1-CA1,420,9 (b) To develop the rules under paragraph (a), the secretary of health and family services shall establish an advisory committee composed of members who represent a balance of persons who maintain patient health care records and persons who request patient health care records.".

AB1-ASA1-CA1,420,10 493. Page 358, line 18: after that line insert:

AB1-ASA1-CA1,420,13 "(1d) Historical society. The historical society shall allocate $100,000 in fiscal year 2001-02 and $100,000 in fiscal year 2002-03 for the office of local history and the historical society library.".

AB1-ASA1-CA1,420,14 494. Page 358, line 21: after that line insert:

AB1-ASA1-CA1,420,19 "(1x) 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-CA1,420,20 495. Page 358, line 25: after that line insert:

AB1-ASA1-CA1,421,7 "(2x) Automated fingerprint identification system work station for city of Racine. From the appropriation under section 20.455 (2) (cr) of the statutes, as created by this act, the department of justice shall award $63,200 to the city of Racine police department in fiscal year 2002-03 for the purchase of an automated fingerprint identification system work station and for the installation of a Badgernet line for the work station. The city of Racine police department and the department of justice shall enter into an agreement regarding the duties and obligations of the police department and the department of justice with respect to the use of the automated fingerprint identification system work station and regarding the use of, and access to, the state automated fingerprint identification system and to other criminal record databases.".

AB1-ASA1-CA1,421,8 496. Page 358, line 25: after that line insert:

AB1-ASA1-CA1,421,11 "(2xz) Increase in positions. The authorized FTE positions for the department of justice, funded from the appropriation under section 20.455 (1) (j) of the statutes, as created by this act, are increased by 5.5 PR positions.".

AB1-ASA1-CA1,421,12 497. Page 359, line 1: after that line insert:

AB1-ASA1-CA1,421,14 "(1c) Program evaluation and management audit of department of administration.

AB1-ASA1-CA1,421,20 (a) The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a program evaluation and management audit of the department of administration to determine whether state government could function effectively without the department. If the audit is undertaken, the bureau is requested to include each of the following elements to the extent they are considered appropriate by the bureau:

AB1-ASA1-CA1,421,23 1. A comparison of the functions and responsibilities of the department at the time that it was created and the current functions and responsibilities of the department.

AB1-ASA1-CA1,422,4 2. A review of whether any administrative functions have been removed from the department since the time that it was created and whether the administrative functions that the department retains are significant enough to justify a separate department.

AB1-ASA1-CA1,422,8 3. A comparison of the department's central administrative functions, efficiencies, and related budgetary impacts with the central administrative functions, efficiencies, and budgetary impacts associated with similar agencies in other states.

AB1-ASA1-CA1,422,12 4. A comparison of the budgeted and per capita costs of the department at the time of its creation with the current budgeted and per capita costs of the department, together with the costs of any other agencies or subunits thereof to which original functions or responsibilities of the department have been transferred.

AB1-ASA1-CA1,422,15 5. A review of the policy-making responsibilities that have been assigned to the department, including an assessment of whether such responsibilities could be more effectively administered by other state agencies.

AB1-ASA1-CA1,422,18 6. An assessment of whether any functions or responsibilities of the department duplicate those of other state agencies and could therefore be reduced or eliminated.

AB1-ASA1-CA1,422,20 7. A review of whether the efficiencies and cost savings intended by the legislature and governor when the department was created have been realized.

AB1-ASA1-CA1,422,24 8. An assessment of whether there are any impediments to decentralizing those responsibilities and functions that are currently assigned to the department by assigning these functions and responsibilities to the office of the governor or to other state agencies.

AB1-ASA1-CA1,423,4 9. A review of the costs charged by the department to other state agencies or to local governments and an assessment of whether the responsibilities and functions funded by these charges could be effectively undertaken by this state if the department did not exist.

AB1-ASA1-CA1,423,8 (b) If the bureau undertakes the audit, the bureau is requested to submit a report of its findings and recommendations to the distributees specified in section 13.94 (1) (b) of the statutes no later than the first day of the 9th month beginning after the effective date of this paragraph.".

AB1-ASA1-CA1,423,9 498. Page 359, line 1: after that line insert:

AB1-ASA1-CA1,423,16 "(3q) Study of certain election administration services. The joint legislative council is requested to conduct a study of election administration services performed by municipalities and counties and prepare recommendations for the consolidation of those services. If the joint legislative council conducts the study and prepares the recommendations, it shall report its findings, conclusions, and recommendations, in the manner provided under section 13.172 (2) of the statutes, to the 2003 legislature when that legislature convenes.".

AB1-ASA1-CA1,423,18 499. 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-CA1,423,19 500. Page 359, line 12: delete lines 12 to 15.

AB1-ASA1-CA1,423,20 501. Page 359, line 22: after that line insert:

AB1-ASA1-CA1,424,3 "(1v) Council on forestry. Notwithstanding the length of term specified in section 15.347 (19) (c) of the statutes, as created in this act, of the members first appointed to the council on forestry under section 15.347 (19) (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-CA1,424,4 502. Page 360, line 13: after that line insert:

AB1-ASA1-CA1,424,10 "(2fxq) 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-CA1,424,11 503. Page 360, line 13: after that line insert:

AB1-ASA1-CA1,424,12 "(2x) Recreational boating aids, Fish, Mud, and Crystal lakes.

AB1-ASA1-CA1,424,24 (a) From the appropriation under section 20.370 (5) (cq) of the statutes, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources in fiscal year 2002-03 shall provide financial aid to Dane County for water-quality and lake-level improvements for Fish Lake and Mud Lake located in Dane County and for Crystal Lake located in both Dane County and Columbia County. The amount provided to Dane County under this paragraph shall equal the total amount contributed by local entities for the improvements or $200,000, whichever is less. Notwithstanding section 30.92 (4) (b) 7. of the statutes, the improvements specified under this paragraph qualify as a recreational boating project for the purpose of providing moneys under this paragraph. This improvement project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

AB1-ASA1-CA1,425,7 (b) Contributions by local entities under paragraph (a) may be made by Dane County, Columbia County, the town of Roxbury in Dane County, the town of West Point in Columbia County, any public inland lake protection and rehabilitation district organized for Fish, Mud, and Crystal lakes, any other local governmental unit, as defined in section 66.0131 (1) (a) of the statutes, that seeks contributions for the improvements specified under paragraph (a), and any other organization that seeks such contributions.".

AB1-ASA1-CA1,425,8 504. Page 360, line 23: delete lines 23 to 25.

AB1-ASA1-CA1,425,9 505. Page 361, line 1: delete lines 1 to 12.

AB1-ASA1-CA1,425,10 506. Page 361, line 13: delete lines 13 to 16.

AB1-ASA1-CA1,425,11 507. Page 361, line 16: after that line insert:

AB1-ASA1-CA1,425,16 "(2x) Home instruction program for preschool youngsters. To the extent permitted under federal law, in the 2002-03 fiscal year, the department of public instruction shall award a subgrant under 20 USC 6368 or other applicable federal programs of at least $250,000 to the home instruction program for preschool youngsters from the appropriation under section 20.255 (3) (ms) of the statutes.".

AB1-ASA1-CA1,425,17 508. Page 361, line 16: after that line insert:

AB1-ASA1-CA1,425,19 "(3q) Transfer of duties from the technology for educational achievement in Wisconsin board.

AB1-ASA1-CA1,425,24 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of administration primarily related to the functions of the technology for educational achievement in Wisconsin board, as determined by the secretary of administration, shall become the assets and liabilities of the department of public instruction.

AB1-ASA1-CA1,426,6 (b) Position and employee transfers. All positions authorized for the technology for educational achievement in Wisconsin board on the day before the effective date of this paragraph, except for the position of executive director, are, on the effective date of this paragraph, transferred to the department of public instruction, and the incumbent employees in those positions are transferred on the effective date of this paragraph to the department of public instruction.

AB1-ASA1-CA1,426,12 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of public instruction that they enjoyed in the technology for educational achievement in Wisconsin board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has attained permanent status in class is required to serve a probationary period.