Amendment ASA1-SB55

SB55-ASA1, s. 9117 Section 9117. Nonstatutory provisions; employment relations commission.

SB55-ASA1, s. 9118 Section 9118. Nonstatutory provisions; employment relations department.

SB55-ASA1, s. 9119 Section 9119. Nonstatutory provisions; ethics board.

SB55-ASA1, s. 9120 Section 9120. Nonstatutory provisions; financial institutions.

SB55-ASA1,1334,13 (1) Fees charged by the department of financial institutions. Notwithstanding sections 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2), and (4), 181.0122 (1) (zm), (2), and (4), 182.01 (4), 183.0114 (1) (t) and (u), and 185.83 (1) (d), (f), (fm), and (h) of the statutes, as affected by this act, the department of financial institutions shall continue to charge and collect the fees established under sections 178.48 (2) and (3), 179.16 (5), 179.88, 180.0122 (1) (z), (2), and (4), 181.0122 (1) (zm), (2), and (4), 182.01 (4), 183.0114 (1) (t) and (u), and 185.83 (1) (f), (fm), and (h), 1999 stats., until the department has promulgated rules under section 182.01 (4) of the statutes, as affected by this act. This subsection shall not apply after December 31, 2002.

SB55-ASA1, s. 9121 Section 9121. Nonstatutory provisions; governor.

SB55-ASA1,1334,17 (1) Assistance from department of workforce development. The repeal of 1999 Wisconsin Act 9, sections 11ac and 593ac, by this act applies notwithstanding section 990.03 (3) of the statutes.

SB55-ASA1, s. 9122 Section 9122. Nonstatutory provisions; Health and Educational Facilities Authority.

SB55-ASA1, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

SB55-ASA1,1334,20 (1) Adolescent pregnancy prevention and pregnancy services board.

SB55-ASA1,1335,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services that are primarily related to the functions of the adolescent pregnancy prevention and pregnancy services board, as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

SB55-ASA1,1335,7 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the adolescent pregnancy prevention and pregnancy services board, as determined by the secretary of administration, is transferred to the department of administration.

SB55-ASA1,1335,11 (2) Kinship care background reviews. The repeal of 1997 Wisconsin Act 27, sections 1622d, 1623d, 1624d, and 9423 (10f) and 1997 Wisconsin Act 252, sections 51, 53, and 201 (1), by this act applies notwithstanding section 990.03 (3) of the statutes.

SB55-ASA1,1335,12 (3) Medical assistance eligibility position increases.

SB55-ASA1,1335,16 (a) On the effective date of this paragraph, the authorized FTE positions for the department of health and family services are increased by 5.18 GPR positions, to be funded from the appropriation under section 20.435 (4) (a) of the statutes, as affected by the acts of 2001.

SB55-ASA1,1335,20 (b) On the effective date of this paragraph, the authorized FTE positions for the department of health and family services are increased by 1.82 FED positions, to be funded from the appropriation under section 20.435 (4) (n) of the statutes, as affected by the acts of 2001.

SB55-ASA1,1336,2 (8d) Report on medical assistance psychosocial services. By the first day of the 6th month after the effective date of this subsection, the department of health and family services shall submit a report to the joint committee on finance on the status of the implementation, under section 49.45 (30e) of the statutes, of the medical assistance benefit on psychosocial services, including case management services, provided by the staff of a community-based psychosocial service program.

SB55-ASA1,1336,10 (8e) Transfer for outpatient hospital reimbursement under badger care. In each of state fiscal years 2001-02 and 2002-03, the department of health and family services may transfer moneys from the appropriation account under section 20.435 (4) (w) of the statutes, as created by this act, to the appropriation account under section 20.435 (4) (x) of the statutes, as created by this act, to ensure that sufficient reimbursement for outpatient hospital services is available under section 49.665 of the statutes, as affected by this act, at the rate of reimbursement under section 49.45 of the statutes.

SB55-ASA1,1336,17 (8q) Study of vital records identity theft. By January 1, 2002, the department of health and family services shall study methods employed by other states to protect against identity theft in on-line electronic filing systems for vital records and report the department's findings to the joint committee on finance. The report shall include a proposed schedule of fees chargeable for vital records that supports implementation of security measures to protect against identity theft that relates to use of an on-line electronic filing system for vital records in Wisconsin.

SB55-ASA1,1336,23 (8r) Use of nursing home penalty assessments and interest. The department of health and family services shall request approval from the health care financing administration of the federal department of health and human services to use nursing home penalty assessments and interest imposed under section 49.498 of the statutes for coordination of volunteer ombudsmen directed by the board on aging and long-term care.

SB55-ASA1,1337,23 (8z) Use of income augmentation receipts for Milwaukee child welfare services. Of the moneys appropriated to the department of health and family services under section 20.435 (8) (mb) of the statutes, as affected by this act, $2,933,700 is allocated for costs associated with transferring cases of children in out-of-home care who are under the supervision of a county department under section 46.215 of the statutes, as affected by this act, to the supervision of a licensed child welfare agency in the event that any contracts between the county department and the department of health and family services under section 48.48 (17) (a) 11. of the statutes to provide services for those children are not renewed. The department of health and family services may not expend or encumber any moneys allocated under this subsection unless the department submits a plan for the proposed use of those moneys to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of the secretary's submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan as proposed by the department of health and family services and approved by the secretary of administration. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the plan, the department of health and family services may implement the plan only upon the approval of the committee.

SB55-ASA1,1337,25 (9h) Study on electronic benefits transfer systems under the supplemental food program for women, infants, and children.

SB55-ASA1,1338,2 (a) The department of health and family services shall study all of the following:

SB55-ASA1,1338,5 1. Information system requirements for administering an electronic benefit transfer system under the supplemental food program for women, infants, and children.

SB55-ASA1,1338,8 2. Compatibility of an electronic benefit transfer system under the supplemental food program for women, infants, and children with existing electronic benefit transfer systems.

SB55-ASA1,1338,11 3. The costs and benefits of implementing an electronic benefit transfer system to the department of health and family services, participants, and vendors under the supplemental food program for women, infants, and children.

SB55-ASA1,1338,14 4. Possible funding sources for the implementation of an electronic benefit transfer system under the supplemental food program for women, infants, and children.

SB55-ASA1,1338,17 (b) Not later than January 1, 2002, the department of health and family services shall report the findings of the study under paragraph (a) to the cochairpersons of the joint committee on finance.

SB55-ASA1,1339,2 (9w) Rules on drug copayments and coinsurance under the health insurance risk-sharing plan. The department of health and family services may use the procedure under section 227.24 of the statutes to promulgate rules authorized under section 149.14 (5) (e) of the statutes, as affected by this act, and section 149.146 (2) (am) 5. of the statutes, as created by this act. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department 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.

SB55-ASA1,1339,15 (9x) Preexisting condition exclusions under the health insurance risk-sharing plan. An eligible individual, as defined in section 149.14 (6) (b) 1., 1999 stats., who has coverage under the health insurance risk-sharing plan on the effective date of this subsection may not be subject to any preexisting condition exclusion under section 149.14 (6) (a) of the statutes, regardless of how long the individual has been covered under the plan. An eligible individual, as defined in section 149.14 (6) (b) 1., 1999 stats., who has coverage under the health insurance risk-sharing plan on the effective date of this subsection and who elects new coverage under section 149.146 (1) (b) of the statutes, as affected by this act, may not be subject to any preexisting condition exclusion if he or she was an eligible individual, as defined in section 149.14 (6) (b) 1., 1999 stats., when he or she first obtained coverage under the plan and he or she has remained continuously covered under the plan up to the time of electing new coverage.

SB55-ASA1,1339,20 (12zk) Milwaukee child welfare administration; rules. The department of health and family services shall submit in proposed form the rules required under section 48.48 (17) (e) of the statutes, as created by this act, to the legislature under section 227.19 of the statutes no later than the first day of the 9th month beginning after the effective date of this subsection.

SB55-ASA1, s. 9124 Section 9124. Nonstatutory provisions; higher educational aids board.

SB55-ASA1, s. 9125 Section 9125. Nonstatutory provisions; historical society.

SB55-ASA1,1340,3 (1)mk) Transfer of historical legacy trust fund balance. The unencumbered balance of the historical legacy trust fund other than the bicentennial account moneys under section 25.72, 1999 stats., immediately before the effective date of this subsection is transferred to the appropriation account under section 20.245 (1) (g) of the statutes, as affected by this act.

SB55-ASA1, s. 9126 Section 9126. Nonstatutory provisions; Housing and Economic Development Authority.

SB55-ASA1, s. 9127 Section 9127. Nonstatutory provisions; insurance.

SB55-ASA1, s. 9128 Section 9128. Nonstatutory provisions; investment board.

SB55-ASA1, s. 9129 Section 9129. Nonstatutory provisions; joint committee on finance.

SB55-ASA1,1340,8 (1m) Supplemental funding for shared human resources system.

SB55-ASA1,1340,9 (a) In this subsection:

SB55-ASA1,1340,14 1. "Shared human resources system" means an automated human resources information processing system that is used by state agencies, or by the department of employment relations on behalf of state agencies, for all personnel transactions involving the announcement, examination, and certification process for filling positions in the classified service of the state civil service system.

SB55-ASA1,1340,15 2. "State agency" has the meaning specified in section 20.001 (1) of the statutes.

SB55-ASA1,1340,19 (b) Notwithstanding sections 13.101 (3) and 16.515 (1) of the statutes, the joint committee on finance may not supplement the appropriation under section 20.512 (1) (k) of the statutes, as affected by this act, for any fiscal year during the 2001-03 fiscal biennium until all of the following occur:

SB55-ASA1,1341,3 1. The department of employment relations submits a report to the joint committee on finance that provides a detailed plan on the costs of operation of the shared human resources system, including any future development costs of the system; and specifies the manner in which the department will fund the costs of operating the shared human resources system during the 2001-03 fiscal biennium and in succeeding biennia, including any amounts that the department intends to assess individual state agencies for operating the system in the 2001-03 fiscal biennium.

SB55-ASA1,1341,5 2. The department of administration submits a report to the joint committee on finance that does all of the following:

SB55-ASA1,1341,10 a. Discusses the measures that the department of administration will take during the biennial budget process in fiscal biennia occurring after the 2001-03 fiscal biennium to ensure that the legislature is provided sufficient information to review any assessments that a state agency plans to make against other state agencies for the operation of any information processing system.

SB55-ASA1,1341,13 b. Specifies how state agencies are to fund any unbudgeted assessment costs imposed by the department of employment relations during the 2001-03 fiscal biennium for operating the shared human resources system.

SB55-ASA1,1341,17 c. Explains why the costs for operating the shared human resources system were not budgeted for state agencies during the 2001-03 fiscal biennium if it was the intention of the department of administration that the department of employment relations was to assess such costs against state agencies.

SB55-ASA1, s. 9130 Section 9130. Nonstatutory provisions; judicial commission.

SB55-ASA1, s. 9131 Section 9131. Nonstatutory provisions; justice.

SB55-ASA1,1342,8 (2c) Automated fingerprint identification system grant. The department of justice may award automated fingerprint identification system grants to local law enforcement agencies in fiscal year 2001-02 from the appropriation under section 20.455 (2) (kh) of the statutes, as created by this act. Local law enforcement agencies may use funds awarded under this subsection only for the purchase of automated fingerprint identification system work stations or to cover the cost of installing Badgernet lines for work stations. Each local law enforcement agency that receives a grant under this subsection shall enter into an agreement with the department of justice regarding the duties and obligations of the agency and of the department with respect to use of automated fingerprint identification system work stations and regarding use of, and access to, the state automated fingerprint identification system and to other criminal records databases. The department of justice shall establish grant eligibility standards and procedures for administering the grant program under this subsection.

SB55-ASA1, s. 9132 Section 9132. Nonstatutory provisions; legislature.

SB55-ASA1,1342,16 (2ak) Procurement services audit. The joint legislative audit committee is requested to direct the legislative audit bureau to conduct a performance evaluation audit of the procurement services provided by the department of administration to state agencies, which includes evaluating the accuracy of assessments imposed under section 16.71 (6) of the statutes, as created by this act. If the legislative audit bureau performs the audit, it shall file its report as described in section 13.94 (1) (b) of the statutes by January 1, 2004.

SB55-ASA1,1342,24 (2x) Study of impacts of groundwater usage. The joint legislative council is requested to conduct a study of the need to modify this state's laws to address the impacts of groundwater usage. If the joint legislative council conducts the study, it shall include on the study committee members that have interests in agriculture, surface water usage, business, and relevant science, including experts from the U.S. geological survey, the Wisconsin geological and natural history survey, and the Central Wisconsin Groundwater Center at the University of Wisconsin-Stevens Point.

SB55-ASA1,1343,13 (3v) Evaluation of credentialing fees. The joint legislative audit committee is requested to, and may, direct the legislative audit bureau to evaluate the methodologies used by the department of regulation and licensing for recalculating administrative and enforcement costs under section 440.03 (9) (a) of the statutes and recommending changes to fees for issuing and renewing credentials under section 440.03 (9) (b) of the statutes. An evaluation under this subsection shall determine whether the methodologies are adequately documented and administered in a straightforward manner, whether they represent the actual costs associated with the department's regulation of credential holders, and whether they provide sufficient revenues to support the department's operations. If the committee directs the legislative audit bureau to perform an evaluation under this subsection, the bureau shall, no later than June 30, 2002, file its report as described in section 13.94 (1) (b) of the statutes.

SB55-ASA1,1343,23 (3w) Audit of the estate recovery program. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the estate recovery program in the department of health and family services. The audit shall include information on the amount of moneys recovered from nursing homes, for personal care and home health services, and under the community options program, the medical assistance program, and the community-based waiver programs, and shall specify the amount of moneys recovered by the size of estate. If the committee directs the legislative audit bureau to perform an audit, the bureau shall file its report as described under section 13.94 (1) (b) of the statutes.

SB55-ASA1,1344,5 (3x) Wisconsin advanced telecommunications foundation funds. If the secretary of administration notifies the cochairpersons of the joint committee on finance under Section 9101 (10) (a) (intro.) of this act that the Wisconsin Advanced Telecommunications Foundation has made a grant to the state in an amount less than $13,465,100, the joint committee on finance shall determine the purposes for which the grant may be expended pursuant to section 13.101 (3) of the statutes or pursuant to section 13.101 (4) of the statutes, as affected by this act.

SB55-ASA1,1344,11 (3z) Qualified interpreter definition study. The joint legislative council is requested to study a potential definition of "qualified interpreter", for the purpose of appointments in court proceedings and contested administrative case proceedings. 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.

SB55-ASA1, s. 9133 Section 9133. Nonstatutory provisions; lieutenant governor.

SB55-ASA1, s. 9134 Section 9134. Nonstatutory provisions; lower Wisconsin state riverway board.

SB55-ASA1, s. 9135 Section 9135. Nonstatutory provisions; Medical College of Wisconsin.

SB55-ASA1, s. 9136 Section 9136. Nonstatutory provisions; military affairs.

SB55-ASA1, s. 9137 Section 9137. Nonstatutory provisions; natural resources.

SB55-ASA1,1344,23 (1) Dry cleaner environmental response program deductible. The department of natural resources shall identify any award made under section 292.65 of the statutes using the deductible under section 292.65 (8) (e) 3., 1999 stats., and recalculate the award using the deductible under section 292.65 (8) (e) of the statutes, as affected by this act. Before July 1, 2002, the department shall pay to the recipient the difference between the amount of the original award and the amount as recalculated under this subsection.

SB55-ASA1,1345,7 (1x) Applicability of high-capacity well requirements. The treatment of section 281.17 (1) (c) of the statutes applies to an approval issued by the department of natural resources under section 281.17 of the statutes on or after September 1, 2000. The department of natural resources shall modify an approval issued by the department of natural resources under section 281.17 of the statutes on or after September 1, 2000, in order to incorporate into the approval the condition required under section 281.17 (1) (c) 1. of the statutes, as created by this act.

SB55-ASA1,1345,11 (2) Fox River Navigational System Authority; initial terms. Notwithstanding the length of terms of the members of the board of directors of the authority specified in section 237.02 (1) (a) of the statutes, as created by this act, the initial members shall be appointed for the following terms:

SB55-ASA1,1345,12 (a) Three members for a term that expires on July 1, 2004.

SB55-ASA1,1345,13 (b) Three members for a term that expires on July 1, 2005.

SB55-ASA1,1345,19 (4k) Wastewater and drinking water grant. During the 2001-03 fiscal biennium, the department of natural resources shall provide a grant from the appropriation under section 20.370 (6) (bk) of the statutes, as created by this act, to the Town of Swiss, Burnett County, and the St. Croix Band of Chippewa for design, engineering, and construction of wastewater and drinking water treatment facilities.

SB55-ASA1,1345,24 (4x) Recreational fishing pier. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $80,000 in fiscal year 2001-02 to the village of Whiting in Portage County for the construction of a recreational fishing pier on the Plover River that is accessible to persons with disabilities.

SB55-ASA1,1345,25 (4y) Report on administrative funding.

SB55-ASA1,1346,2 (a) The department of natural resources shall prepare a report that does all of the following:

SB55-ASA1,1346,5 1. Explains the department's rationale for the manner in which the department distributes the obligation to pay for the department's administrative costs among the department's programs and revenue sources.

SB55-ASA1,1346,9 2. Presents arguments to support the position that the distribution specified in subdivision 1. is equitable in spite of the fact that some of the revenues collected by the department from approval, user, registration, and similar fees are not expended for programs that relate to the purposes for which the fees were paid.

SB55-ASA1,1346,11 3. Presents alternatives to the distribution specified in subdivision 1. that the department believes may result in a more equitable distribution.

SB55-ASA1,1346,13 (b) The department of natural resources shall submit the report prepared under paragraph (a) to the joint committee on finance no later than March 1, 2002.

SB55-ASA1,1346,21 (4z) Report on concessions in state parks. The department of natural resources shall undertake an analysis of the operation and profitability of concession operations in the state parks as those operations exist on the effective date of this subsection and shall investigate the option of providing these concession operations by contracting with the private sector. The department shall prepare a report consisting of the results of the department's analysis and investigation and shall submit the report to the governor and to the joint committee on finance no later than October 1, 2002.

SB55-ASA1,1347,2 (5e) Wausau Whitewater Course. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide $50,000 in fiscal year 2001-02 to an organization that is known as the Wausau Kayak/Canoe Corporation to upgrade that part of the Wisconsin River in the city of Wausau that is known as the Wausau Whitewater Course.

SB55-ASA1,1347,3 (5mk) Great Lakes Forestry Museum.

SB55-ASA1,1347,11 (a) In the 2001-03 fiscal biennium, the department of natural resources shall award a grant in an amount not to exceed $300,000 to an organization known as the Great Lakes Forestry Museum to develop a facility in the city of Rice Lake for educating the public about the history of forestry and logging in this state. The amount of the grant shall be equal to the amount of contributions toward the project from funding sources other than this state. The department of natural resources shall award the grant from the appropriation under section 20.370 (5) (aw) of the statutes, as affected by this act.

SB55-ASA1,1347,14 (b) Within 6 months after spending the full amount of the grant under paragraph (a), the organization shall submit to the department of natural resources a report detailing how the grant proceeds were used.

SB55-ASA1,1347,18 (5x) Urban forestry grant for Milwaukee. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $50,000 in fiscal year 2001-02 and $50,000 in fiscal year 2002-03 to the city of Milwaukee for a tree planting demonstration project.

SB55-ASA1,1347,22 (5y) Urban forestry grant for Racine. From the appropriation under section 20.370 (5) (bw) of the statutes, as affected by this act, the department of natural resources shall provide $15,000 in fiscal year 2001-02 and $15,000 in fiscal year 2002-03 to the city of Racine for a tree planting demonstration project.

SB55-ASA1,1348,2 (5z) Wisconsin Conservation Hall of Fame. From the appropriation under section 20.370 (5) (ak) of the statutes, as created by this act, the department of natural resources shall provide, in fiscal year 2001-02, a total of $10,000 to the Wisconsin Conservation Hall of Fame Foundation, Inc., for the Wisconsin Conservation Hall of Fame.

SB55-ASA1,1348,7 (6f) Study on wild cranes. From the appropriation under section 20.370 (1) (kk) of the statutes, as created by this act, the department of natural resources shall provide in fiscal year 2001-02 a total of $30,000 and in fiscal year 2002-03 a total of $30,000 to the University of Wisconsin System and the International Crane Foundation jointly for a study of crop damage caused in this state by cranes.

SB55-ASA1,1348,19 (6g) Root River dredging project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall provide to the city of Racine the amount necessary for the dredging of the Root River from the city of Racine to Lake Michigan, in an amount not to exceed $104,000. The city of Racine need not contribute any moneys to match the amount provided from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (b) 7. or 8. a. of the statutes, as affected by this act, the dredging project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2003.

SB55-ASA1,1349,6 (7f) Oconto River dredging project. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, and before applying the percentages under section 30.92 (4) (b) 6. of the statutes, the department of natural resources shall provide to the city of Oconto the amount that is necessary for the dredging of a portion of the Oconto River, in an amount not to exceed $386,000. The city of Oconto need not contribute any moneys to match the amount provided from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (b) 7. or 8. a. of the statutes, as affected by this act, the dredging project specified under this subsection qualifies as a recreational boating project for the purpose of providing moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2003.

SB55-ASA1, s. 9138 Section 9138. Nonstatutory provisions; personnel commission.

SB55-ASA1, s. 9139 Section 9139. Nonstatutory provisions; public defender board.