Amendment SSA1-SB44

SB44-SSA1, s. 9114 Section 9114. Nonstatutory provisions; elections board.

SB44-SSA1, s. 9115 Section 9115. Nonstatutory provisions; electronic government.

SB44-SSA1,1057,9 (1) Abolition of department of electronic government.

SB44-SSA1,1057,13 (a) Assets and liabilities. Except as provided in Section 9215 (1) of this act, on the effective date of this paragraph, the assets and liabilities of the department of electronic government shall become assets and liabilities of the department of administration.

SB44-SSA1,1057,14 (b) Positions and employees.

SB44-SSA1,1057,19 1 . On the effective date of this subdivision, all full-time equivalent positions in the department of electronic government, except the positions occupied by the secretary, the deputy secretary, the executive assistant, and 2 division administrator positions determined by the secretary of administration, are transferred to the department of administration.

SB44-SSA1,1057,22 2 . All incumbent employees holding positions that are transferred under subdivision 1. are transferred on the effective date of this subdivision to the department of administration.

SB44-SSA1,1058,4 3. Employees transferred under subdivision 2 . have all of the rights and the same status under subch. V of ch. 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of electronic government 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.

SB44-SSA1,1058,7 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of electronic government is transferred to the department of administration.

SB44-SSA1,1058,13 (d) Contracts. All contracts entered into by the department of electronic government that are in effect on the effective date of this paragraph remain in effect and 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of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

SB44-SSA1,1058,20 (e) Rules and orders. All rules promulgated by the department of electronic government 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 department of electronic government 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.

SB44-SSA1,1058,25 (f) Pending matters. Any matter pending with the department of electronic government on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the department of electronic government with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

SB44-SSA1,1059,11 (2) Funding of operations and programs at the department of electronic government. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual appropriations to the department of electronic government under section 20.530 of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that the department of electronic government may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each appropriation.

SB44-SSA1, s. 9116 Section 9116. Nonstatutory provisions; employee trust funds.

SB44-SSA1, s. 9117 Section 9117. Nonstatutory provisions; employment relations commission.

SB44-SSA1, s. 9118 Section 9118. Nonstatutory provisions; employment relations department.

SB44-SSA1,1059,15 (1b) Office of state human resources management.

SB44-SSA1,1059,18 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of employment relations shall become the assets and liabilities of the office of state human resources management.

SB44-SSA1,1059,21 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of employment relations is transferred to the office of state human resources management.

SB44-SSA1,1060,4 (c) Contracts. All contracts entered into by the department of employment relations that are in effect on the effective date of this paragraph remain in effect and are transferred to the office of state human resources management. The office of state human resources management shall carry out any obligations under such a contract until the contract is modified or rescinded by the office of state human resources management to the extent allowed under the contract.

SB44-SSA1,1060,19 (d) Employee transfers and status; position conversion. On the effective date of this paragraph, all incumbent employees holding classified positions in the department of employment relations are transferred to the office of state human resources management. Employees transferred under this paragraph have all of the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of state human resources management that they enjoyed in the department of employment relations immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period. Notwithstanding section 16.505 (1) of the statutes, the director of the office of state human resources management may, during the 2003-05 fiscal biennium, delete one vacant classified position authorized for the office and thereafter create one unclassified position in the office for the purpose of employing the executive assistant authorized under section 230.08 (2) (ya) of the statutes, as created by this act.

SB44-SSA1,1061,2 (e) Rules and orders. All rules promulgated by the department of employment relations 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 office of state human resources management. All orders issued by the department of employment relations 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 office of state human resources management.

SB44-SSA1,1061,8 (f) Pending matters. Any matter pending with the department of employment relations on the effective date of this paragraph is transferred to the office of state human resources management and all materials submitted to or actions taken by the department of employment relations with respect to the pending matter are considered as having been submitted to or taken by the office of state human resources management.

SB44-SSA1,1061,19 (2) Funding of operations and programs at the department of employment relations. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual appropriations to the department of employment relations under section 20.512 of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that the department of employment relations may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each appropriation.

SB44-SSA1, s. 9119 Section 9119. Nonstatutory provisions; ethics board.

SB44-SSA1, s. 9120 Section 9120. Nonstatutory provisions; financial institutions.

SB44-SSA1,1062,3 (1) Limited liability company annual reports. Notwithstanding section 183.0120 (3) of the statutes, as affected by this act, a domestic limited liability company in existence on the effective date of this subsection shall deliver its initial annual report under section 183.0120 of the statutes to the department of financial institutions during the calendar quarter occurring in 2004 during which the anniversary of the effective date of the limited liability company's articles of organization under section 183.0111 of the statutes occurs.

SB44-SSA1,1062,4 (2) Review board transitional provisions.

SB44-SSA1,1062,9 (a) Current members of savings bank review board and savings and loan review board. Notwithstanding section 15.07 (1) (c) of the statutes and section 15.185 (3) and (4), 2001 stats., the terms of office of all members of the savings bank review board and all members of the savings and loan review board terminate on the effective date of this paragraph.

SB44-SSA1,1062,13 (b) Initial members of savings institutions review board. Notwithstanding section 15.185 (3) of the statutes, as affected by this act, the terms of office of the members initially appointed to the savings institutions review board terminate as follows:

SB44-SSA1,1062,14 1. Two members, on May 1, 2007.

SB44-SSA1,1062,15 2. Three members, on May 1, 2009.

SB44-SSA1,1062,23 (c) Rules and orders. All rules promulgated by the division of savings institutions that are in effect on the effective date of this paragraph shall become rules of the division of banking and shall remain in effect until their specified expiration dates or until amended or repealed by the division of banking. All orders issued by the division of savings institutions that are in effect on the effective date of this paragraph shall become orders of the division of banking and shall remain in effect until their specified expiration dates or until modified or rescinded by the division of banking.

SB44-SSA1,1063,3 (d) Contracts. All contracts entered into by the division of savings institutions in effect on the effective date of this paragraph remain in effect and are transferred to the division of banking. The division of banking shall carry out any obligations under such a contract until the contract expires or is modified or rescinded by the division of banking to the extent allowed under the contract.

SB44-SSA1,1063,8 (e) Pending matters. Any matter pending with the division of savings institutions on the effective date of this paragraph is transferred to the division of banking and all materials submitted to or actions taken by the division of savings institutions with respect to the pending matter are considered as having been submitted to or taken by the division of banking.

SB44-SSA1, s. 9121 Section 9121. Nonstatutory provisions; Fox River Navigational System Authority.

SB44-SSA1, s. 9122 Section 9122. Nonstatutory provisions; governor.

SB44-SSA1, s. 9123 Section 9123. Nonstatutory provisions; Health and Educational Facilities Authority.

SB44-SSA1, s. 9124 Section 9124. Nonstatutory provisions; health and family services.

SB44-SSA1,1063,18 (1f) Dental clinic start-up costs. From the appropriation under section 20.435 (5) (dm) of the statutes, as affected by this act, the department of health and family services shall distribute $50,000 in state fiscal year 2003-04 for payment to support one-time start-up costs for the tri-county dental clinic in the city of Appleton that will serve low-income persons in the counties of Winnebago, Calumet, and Outagamie.

SB44-SSA1,1063,20 (2) Mental health and alcohol or other drug abuse managed care demonstration projects.

SB44-SSA1,1064,4 (a) From the appropriation under section 20.435 (6) (jm) of the statutes, as affected by this act, the department of health and family services shall expend $362,100 in state fiscal year 2003-04 and $224,600 in state fiscal year 2004-05 to contract with counties to provide up to 6 demonstration projects. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency, or both mental illness and alcohol or other drug dependency.

SB44-SSA1,1064,11 (b) The department of health and family services shall submit for approval by the secretary of the federal department of health and human services any requests for waiver of federal medical assistance laws that are necessary to secure federal financial participation for the managed care demonstration projects under this subsection. Regardless of whether a waiver is approved, the department of health and family services may contract for the provision of the managed care demonstration projects under this subsection.

SB44-SSA1,1064,12 (3) Assessment of facility licensed beds; revised rules.

SB44-SSA1,1064,16 (a) The department of health and family services shall submit in proposed form a revision of rules required under section 50.14 (5) (b) of the statutes to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

SB44-SSA1,1065,2 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate as emergency rules a revision of rules required under section 50.14 (5) (b) of the statutes for the period before the effective date of the revised 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.

SB44-SSA1,1065,11 (4) Medical Assistance managed care waiver request. By January 1, 2004, the department of health and family services shall request from the secretary of the federal department of health and human services, under 42 USC 1396n (c), any waivers of federal Medical Assistance Program laws necessary to authorize the department of health and family services to require that those recipients of Medical Assistance who are eligible for the Supplemental Security Income Program under 42 USC 1382 to 1383f enroll for services in managed care plans, including recipients who are in a geographic service region that contains no more than a single managed care organization as service provider.

SB44-SSA1,1065,12 (5) Transfer of grade A dairy operations certification.

SB44-SSA1,1065,17 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

SB44-SSA1,1065,22 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of health and family services performing duties primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of agriculture, trade and consumer protection.

SB44-SSA1,1066,4 (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 agriculture, trade and consumer protection that they enjoyed in the department of health and family services 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.

SB44-SSA1,1066,9 (d) 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 certification of grade A dairy operations, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.

SB44-SSA1,1066,17 (e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

SB44-SSA1,1066,24 (f) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph that is primarily related to the certification of grade A dairy operations is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

SB44-SSA1,1067,5 (5x) Tobacco control advisory committee; initial appointments. Notwithstanding the length of terms specified in section 255.15 (2m) (a) (intro.) of the statutes, as created by this act, the initial members of the tobacco control advisory committee shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

SB44-SSA1,1067,7 (a) The members specified in section 255.15 (2m) (a) 1. to 3. of the statutes, as created by this act, for terms expiring on July 1, 2008.

SB44-SSA1,1067,9 (b) The members specified in section 255.15 (2m) (a) 4. to 7. of the statutes, as created by this act, for terms expiring on July 1, 2007.

SB44-SSA1,1067,11 (c) The members specified in section 255.15 (2m) (a) 8. to 10. and 14. of the statutes, as created by this act, for terms expiring on July 1, 2006.

SB44-SSA1,1068,9 (7c) Payment increases for health maintenance organizations. If before July 1, 2005, the department of health and family services determines that supplemental rebate agreements entered into, or prior authorization requirements imposed, in accordance with section 49.45 (49m) of the statutes, as created by this act, generate more rebate earnings or more savings in spending on prescription drugs under the Medical Assistance program or the Badger Care health care program or under the program under section 49.688 of the statutes, as affected by this act, than are allocated for expenditure under the 2003-05 biennial budget act, as determined by the department of health and family services, the department of health and family services shall submit a plan, including any proposed appropriation transfers that are necessary to implement the plan, to the secretary of administration to use the additional earnings or savings to fund increases in rates paid to health maintenance organizations under the Medical Assistance program and the Badger Care health care program. If the secretary approves the plan, the secretary shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the secretary's submittal 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 secretary. 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 proposed plan, the department of health and family services may implement the plan only upon approval of the committee.

SB44-SSA1,1068,11 (8) County department and local health department operating deficit reduction.

SB44-SSA1,1068,18 (a) If an amendment to the state medical assistance plan that provides for a revised payment methodology for medical assistance services that are provided by a local government is approved by the federal center for medicare and medicaid services before July 1, 2005, no county department under section 46.215, 46.22, 46.23, or 51.42 of the statutes and no local health department, as defined in section 250.01 (4) of the statutes, may receive a distribution of an allocation under section 49.45 (6t) of the statutes, as affected by this act.

SB44-SSA1,1068,23 (b) If paragraph (a ) applies, any county department or local health department that has received distribution of an allocation under section 49.45 (6t) of the statutes, as affected by this act, for any year after 2002 shall, upon demand by the department of health and family services, return to the department of health and family services all those moneys so distributed.

SB44-SSA1,1069,4 (8c) Autism spectrum disorder waiver. As part of waivers requested under 2001 Wisconsin Act 16, section 9123 (16rs) (b), the department of health and family services may, by January 1, 2004, seek a waiver under 42 USC 1396n (c) permitting Medical Assistance reimbursement on a statewide basis for certain in-home habilitation services specified in the waiver request for children who are diagnosed with an autism spectrum disorder.

SB44-SSA1,1069,9 (8w) Prescription drug prior authorization report. By January 1, 2004, the department of health and family services shall report to the governor, the members of the joint committee on finance, and, in the manner provided under section 13.172 (3) of the statutes, the appropriate standing committees of the legislature on all of the following:

SB44-SSA1,1069,12 (a) The name and therapeutic class of each prescription drug for which the department requires prior authorization under the Medical Assistance program or the program under section 49.665 or 49.668 of the statutes, as affected by this act.

SB44-SSA1,1069,14 (b) The criteria for approving prior authorization requests for each prescription drug identified under paragraph (a).

SB44-SSA1,1069,15 (9c) Use of income augmentation revenue.

SB44-SSA1,1069,18 (a) Subject to paragraph (b), from the appropriation account under section 20.435 (8) (mb) of the statutes, the department of health and family services shall support the costs of all of the following:

SB44-SSA1,1069,20 1. Compliance with the federal Health Insurance Portability and Accountability Act, 42 USC 300gg to 300gg-92.

SB44-SSA1,1069,22 2. Implementation and operation of the statewide automated child welfare information system established under section 46.03 (7) (g) of the statutes.

SB44-SSA1,1069,24 3. Activities to reduce errors in the payment of benefits under the federal Food Stamp Program under 7 USC 2011 to 2036.

SB44-SSA1,1070,4 (b) In supporting the costs specified in paragraph (a), the department of health and family services shall expend revenues received under 42 USC 670 to 679a, 42 USC 1395 to 1395dd, and 42 USC 1396 to 1396v received before July 1, 2002, before expending revenues received from those sources after June 30, 2002.

SB44-SSA1,1070,8 (10c) Primary health care program claims. Before July 1, 2004, from the appropriation account under section 20.435 (4) (gp) of the statutes, as affected by this act, the department of health and family services may pay outstanding claims for services provided under section 146.93, 2001 stats.

SB44-SSA1,1070,9 (10f) Report on Medical Assistance benefits and financing.

SB44-SSA1,1070,11 (a) In this subsection, "Medical Assistance" means services or items provided as a benefit under subchapter IV of chapter 49 of the statutes.

SB44-SSA1,1070,13 (b) By December 1, 2003, the department of administration shall submit to the joint committee on finance a report that includes all of the following:

SB44-SSA1,1070,16 1. A comparison of the amount of state funding that is budgeted for Medical Assistance under 2003 Wisconsin Act .... (this act) with projected expenditures for Medical Assistance in the 2003-05 state fiscal biennium.

SB44-SSA1,1070,22 2. Identification of all federal funding that is available to support Medical Assistance in the 2003-05 state fiscal biennium, including any supplemental funding that this state may receive as the result of federal legislation, any approval by the federal department of health and human services of waivers of federal Medical Assistance Program laws, and any creation or expansion of claims for federal Medical Assistance Program moneys under 42 CFR 433.51.

SB44-SSA1,1070,24 3. Proposals and recommendations, including proposed statutory changes, to reduce Medical Assistance costs if projected expenditures exceed projected revenues.

SB44-SSA1,1071,14 (10h) Request for proposals for plan administrator. Not later than the first day of the 7th month beginning after the effective date of this subsection, the department of health and family services shall have prepared, and shall submit to the cochairpersons of the joint committee on finance, a request for proposals for administration of the Health Insurance Risk-Sharing Plan. If the cochairpersons of the joint committee on finance do not notify the secretary of health and family services within 14 working days after receiving the request for proposals that the cochairpersons have scheduled a meeting for the purpose of reviewing the request for proposals, the department of health and family services may issue the request for proposals. If within 14 working days after receiving the request for proposals the cochairpersons notify the secretary of health and family services that the cochairpersons have scheduled a meeting for the purpose of reviewing the request for proposals, the department of health and family services may issue the request for proposals only upon approval of the committee.

SB44-SSA1,1071,15 (10k) Transfer of health care information to entity; transition assistance.

SB44-SSA1,1071,21 (a) Before 12 months have elapsed after a contract is agreed upon under section 153.05 (2m) of the statutes, as created by this act, the department of health and family services shall provide to the entity under that contract all health care information databases and computer software related to hospitals and ambulatory surgery centers, including manuals, documentation, and program codes, that the department possesses under chapter 153 of the statutes, as affected by this act.

SB44-SSA1,1072,2 (b) The department of health and family services shall provide the entity under contract under section 153.05 (2m) (a) of the statutes, as created by this act, with transition assistance concerning health care data collection and dissemination to assist the entity in ensuring that the entity's program under the contract is functioning by January 1, 2004.

SB44-SSA1,1072,14 (10m) Emergency rules for coverage of psychosocial services. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate the rules required under section 49.45 (30e) (b) 1. to 3. of the statutes and under section 49.45 (30e) (b) 4. of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 49.45 (30e) (b) 1. to 3. of the statutes and under section 49.45 (30e) (b) 4. 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 department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB44-SSA1,1072,21 (11f) Medical Assistance federal funding report. If, before July 1, 2005, sufficient federal Medical Assistance Program moneys are available to support any of the following state Medical Assistance programs or services at the level of funding recommended by the governor in 2003 Senate Bill 44, the department of health and family services shall so report to the legislature in the manner provided under section 13.172 (2) of the statutes and include in the report any proposed legislation necessary for implementation:

SB44-SSA1,1072,23 (a) Administrative costs for implementing created or expanded claims for federal Medical Assistance Program moneys under 42 CFR 433.51.

SB44-SSA1,1072,24 (b) Noninstitutional Medical Assistance service provider rates.

SB44-SSA1,1072,25 (c) Reduction in the use of nursing homes for the provision of long-term care.

SB44-SSA1,1073,2 (d) Expanded services and increased rates for services under sections 46.27 (11), 46.277, and 46.278 of the statutes, as affected by this act.