Amendment ASA1-AB100

AB100-ASA1, s. 9107 Section 9107. Nonstatutory provisions; circuit courts.

AB100-ASA1, s. 9108 Section 9108. Nonstatutory provisions; commerce.

AB100-ASA1,958,7 (1) Real estate trust accounts. All rules promulgated under section 452.13 of the statutes by the department of administration that are in effect on the effective date of this subsection remain in effect until their specified expiration date or until amended or repealed by the department of commerce.

AB100-ASA1,958,12 (1v) Phase out of Petroleum Storage Remedial Action Program. The department of commerce shall include, as part of its 2007-09 biennial budget request that it submits to the department of administration under section 16.42 of the statutes, a proposal to phase out the Petroleum Storage Remedial Action Program under section 101.143 of the statutes.

AB100-ASA1,958,23 (1w) Emergency rules for Diesel Truck Idling Reduction Grant Program. Using the procedure under section 227.24 of the statutes, the department of commerce may promulgate as emergency rules the rules it determines are necessary to administer the program under section 560.125 of the statutes, as created by this act, for the period before the effective date of the permanent rules for the program, 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 commerce 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 subsection.

AB100-ASA1,959,6 (2k) Grant to Wisconsin Procurement Institute. In both the 2005-06 and the 2006-07 fiscal years, the department of commerce shall make a grant of $100,000 from the appropriation under section 20.143 (1) (c) of the statutes, as affected by this act, to the Wisconsin Procurement Institute. The department of commerce shall enter into an agreement with the Wisconsin Procurement Institute that specifies the uses for the grant proceeds and reporting and auditing requirements.

AB100-ASA1,959,7 (3f) Brownfields grant to city of Madison.

AB100-ASA1,959,8 (a) Definitions. In this subsection:

AB100-ASA1,959,9 1. "Department" means the department of commerce.

AB100-ASA1,959,10 2. "Secretary" means the secretary of commerce.

AB100-ASA1,959,15 (b) General. Subject to paragraph (c), from the appropriation under section 20.143 (1) (qm) of the statutes, as affected by this act, the department shall provide a grant of $500,000 in fiscal year 2005-06 and $500,000 in fiscal year 2006-07 to the city of Madison to establish a brownfields loan and grant program. The city may use the funds provided under this subsection for any of the following purposes:

AB100-ASA1,959,18 1. Making loans or grants to other entities for environmental site assessments, environmental site investigations, plans for actions to remedy environmental contamination, and actions to remedy environmental contamination.

AB100-ASA1,959,22 2. Costs to the city related to implementing and administering the program, involving interested persons in the process, obtaining approval of the department of natural resources for remedial action conducted under the program, and marketing environmentally contaminated properties to developers.

AB100-ASA1,959,24 (c) Requirements. The department may make the grant under paragraph (b) only if all of the following apply:

AB100-ASA1,960,2 1. The city submits a plan to the department detailing the proposed use of the proceeds of the grant and the secretary approves the plan.

AB100-ASA1,960,5 2. The city enters into a written agreement with the department that specifies the conditions for the use of the proceeds of the grant, including reporting and auditing requirements.

AB100-ASA1,960,7 3. The city agrees in writing to submit to the department the report required under paragraph (d) by the time required under paragraph (d).

AB100-ASA1,960,10 (d) Reporting. If the city receives the grant under this subsection, the city shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

AB100-ASA1,960,19 (3k) Grant for biomedical technology alliance. Notwithstanding section 560.275 of the statutes, as affected by this act, the department of commerce shall, from the appropriations under section 20.143 (1) (c) and (ie) of the statutes, as affected by this act, make a grant of $2,500,000 in the 2005-06 fiscal year to the Board of Regents of the University of Wisconsin System to be used by the University of Wisconsin-Milwaukee to establish a biomedical technology alliance in southeastern Wisconsin. The department of commerce shall enter into an agreement with the Board of Regents that specifies the uses for the grant proceeds and reporting and auditing requirements.

AB100-ASA1,961,2 (3m) Grant to city of Green Bay. Notwithstanding section 560.61 of the statutes, as affected by this act, the department of commerce shall make an annual grant of $1,400,000 in fiscal years 2005-06 to 2007-08 from the Wisconsin development fund under section 560.61 of the statutes, as affected by this act, to the city of Green Bay for a downtown waterfront redevelopment project. The department of commerce shall enter into an agreement with the city of Green Bay that specifies the uses for the grant proceeds and reporting and auditing requirements.

AB100-ASA1,961,9 (3r) Housing grants and loans funding decrease. Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for the purposes of the 2007-09 biennial budget bill, the department of commerce shall submit a dollar amount for the appropriation under section 20.143 (2) (b) of the statutes as though the amount appropriated to the department of commerce in fiscal year 2006-07 under section 20.143 (2) (b) of the statutes is $3,300,300.

AB100-ASA1,961,14 (4k) Business employees' skills training program. On the effective date of this subsection, the department of commerce shall transfer any pending applications for grants under section 560.155 of the statutes, as affected by this act, to the technical college system board for consideration under section 38.41 of the statutes, as created by this act.

AB100-ASA1,961,15 (5k) Community development block grant for water well.

AB100-ASA1,961,18 (a) Not later than June 30, 2006, the department of commerce shall make a grant of $80,000 from the appropriation account under section 20.143 (1) (n) of the statutes to the town of Ithaca for a water well.

AB100-ASA1,961,21 (b) Within 6 months after spending the full amount of the grant under this subsection, the town of Ithaca shall submit to the department of commerce a report detailing how the town spent the grant proceeds.

AB100-ASA1,961,22 (6k) Community development block grant for water reservoir.

AB100-ASA1,961,25 (a) Not later than June 30, 2006, the department of commerce shall make a grant of $274,000 from the appropriation account under section 20.143 (1) (n) of the statutes to the village of Wonewoc for a water reservoir.

AB100-ASA1,962,3 (b) Within 6 months after spending the full amount of the grant under this subsection, the village of Wonewoc shall submit to the department of commerce a report detailing how the village spent the grant proceeds.

AB100-ASA1,962,11 (8k) Grant to Bishop's Creek redevelopment project. From the appropriations under section 20.143 (1) (fm) and (im) of the statutes, as affected by this act, the department of commerce shall award a grant of $375,000 in fiscal year 2005-06 and shall award a grant of $375,000 in fiscal year 2006-07 to the Bishop's Creek redevelopment project in Milwaukee. If the department of commerce awards a grant under this subsection, the department shall enter into an agreement with the Bishop's Creek redevelopment project that specifies the uses for the grant proceeds and reporting and auditing requirements.

AB100-ASA1, s. 9109 Section 9109. Nonstatutory provisions; corrections.

AB100-ASA1,963,3 (1e) Juvenile correctional facility cost reduction. By March 1, 2006, the department of corrections shall submit to the joint committee on finance a plan to close the Ethan Allen School, the Lincoln Hills School, or the Southern Oaks Girls School or to otherwise achieve savings on the cost of operating the Type 1 secured correctional facilities, as defined in section 938.02 (19) of the statutes, operated by the department of corrections or the department of health and family services in an amount that is sufficient to reduce the per person daily cost assessment under section 301.26 (4) (d) 3. of the statutes, as affected by this act, for care in a Type 1 secured correctional facility to $187. The plan shall include any proposed legislation that is necessary to implement the plan. If the cochairpersons of the joint committee on finance do not notify the secretary of corrections within 14 working days after receiving the plan that the cochairpersons have scheduled a meeting for the purpose of reviewing the plan, the plan shall be implemented. If within 14 working days after receiving the plan the cochairpersons notify the secretary of corrections that the cochairpersons have scheduled a meeting for the purpose of reviewing the plan, the plan shall be implemented only as approved by the committee.

AB100-ASA1,963,4 (1p) Youth diversion grant reductions.

AB100-ASA1,963,8 (a) Notwithstanding the amount specified under section 301.265 (1) of the statutes, as affected by this act, the department of corrections shall reduce the amount of money allocated under section 301.265 (1) of the statutes, as affected by this act, by $10,000 in each year of the 2005-07 fiscal biennium.

AB100-ASA1,963,16 (b) Notwithstanding the amounts specified under section 301.265 (3) of the statutes, as affected by this act, the department of corrections shall reduce the amount of money allocated for each of the 4 contracts that are funded with moneys from the appropriation accounts under section 20.410 (3) (d) and (kj) of the statutes, as affected by this act, by $3,000 in each year of the 2005-07 fiscal biennium and shall reduce the amount of money allocated for the contract that is funded only with moneys from the appropriation account under section 20.410 (3) (kj) of the statutes, as affected by this act, by $3,100 in each year of the 2005-07 fiscal biennium.

AB100-ASA1,963,21 (2q) Pilot program to privatize supplying and distributing pharmaceuticals. The department of corrections shall establish a pilot program under which a private contractor supplies and distributes pharmaceuticals at one of the department's adult institutions. This subsection applies only if the contract will reduce the department's costs of supplying and distributing pharmaceuticals.

AB100-ASA1,964,8 (2r) Correctional health care services. By January 2, 2006, the department of corrections shall submit to the cochairpersons of the joint committee on finance a plan regarding the manner in which that department will manage the delivery of adult correctional health care services and the cost of delivering those services in fiscal year 2006-07. The plan shall include a review of the practice of correctional officers delivering controlled medications to prisoners and recommended alternatives to that practice. If the plan calls for contracting for the delivery of adult correctional health care services, the plan shall specify the provisions of the proposed contract and the costs under the proposed contract. If the plan calls for the department of corrections to deliver adult correctional health care services, the plan shall specify how that department will address the needs of the adult correctional health care services delivery system.

AB100-ASA1,964,17 (3q) Study and report regarding funding for long-term care for certain inmates. The department of corrections shall conduct a study regarding the possibility of reducing its costs for the care of inmates who are not a threat to the community and who require extended nursing care. The study shall examine the possibility of using other revenues to pay for the care of such inmates in a setting other than a conventional correctional facility infirmary. By June 30, 2006, the department shall submit a report containing the results of that study to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under section 13.172 (3) of the statutes.

AB100-ASA1,964,21 (5f) Funding for certain community reintegration services. From the appropriation under section 20.410 (1) (d), the department of corrections shall provide $50,000 during the 2006-07 fiscal year to Word of Hope Ministries, Inc., for community reintegration services.

AB100-ASA1, s. 9110 Section 9110. Nonstatutory provisions; court of appeals.

AB100-ASA1, s. 9111 Section 9111. Nonstatutory provisions; district attorneys.

AB100-ASA1,965,6 (1c) Prosecution of drug crimes; Milwaukee County. From the appropriation account under section 20.505 (6) (p) of the statutes the department of administration shall expend $115,500 and from the appropriation account under section 20.455 (2) (kp) of the statutes, as created by this act, the department of justice shall expend $38,500 in each year of the 2005-07 fiscal biennium to provide the multijurisdictional enforcement group serving Milwaukee County funding for 2.0 district attorney PR positions to prosecute criminal violations of chapter 961 of the statutes.

AB100-ASA1,965,13 (1d) Prosecution of drug crimes; Dane County. From the appropriation account under section 20.505 (6) (p) of the statutes the department of administration shall expend $37,600 and from the appropriation account under section 20.455 (2) (kp) of the statutes, as created by this act, the department of justice shall expend $12,500 in each year of the 2005-07 fiscal biennium to provide the multijurisdictional enforcement group serving Dane County funding for 0.75 district attorney PR position to prosecute criminal violations of chapter 961 of the statutes.

AB100-ASA1,965,19 (1e) Prosecution of drug crimes; St. Croix County. From the appropriation account under section 20.455 (2) (kp) of the statutes, as created by this act, the department of justice shall expend $34,900 in fiscal year 2005-06 and $72,500 in fiscal year 2006-07 to provide the multijurisdictional enforcement group serving St. Croix County funding for 1.0 district attorney PR position to prosecute criminal violations of chapter 961 of the statutes.

AB100-ASA1, s. 9112 Section 9112. Nonstatutory provisions; educational communications board.

AB100-ASA1, s. 9113 Section 9113. Nonstatutory provisions; elections board.

AB100-ASA1, s. 9114 Section 9114. Nonstatutory provisions; employee trust funds.

AB100-ASA1, s. 9115 Section 9115. Nonstatutory provisions; employment relations commission.

AB100-ASA1, s. 9116 Section 9116. Nonstatutory provisions; ethics board.

AB100-ASA1, s. 9117 Section 9117. Nonstatutory provisions; financial institutions.

AB100-ASA1,966,10 (1f) Delayed lapse. Notwithstanding section 20.144 (1) (g) of the statutes, as affected by the acts of 2005, from the amounts required to be lapsed to the general fund under section 20.144 (1) (g) of the statutes, as affected by the acts of 2005, at the close of the 2005-06 fiscal year, the department of financial institutions shall retain in that appropriation account the lesser of the unencumbered balance in the account or $25,000,000 and shall lapse from that appropriation account the lesser of the unencumbered balance in the account or $25,000,000 to the general fund on July 31, 2006.

AB100-ASA1, s. 9118 Section 9118. Nonstatutory provisions; Fox River Navigational System Authority.

AB100-ASA1,966,19 (1q) Fox river navigational system authority budget bill information. If the secretary of administration requests that the Fox River Navigational System Authority submit information to the department of administration for the purposes of the 2007-09 biennial budget bill, the authority shall submit the information in the same manner as agencies are required to submit information under section 16.42 of the statutes and shall submit the information as though the amount appropriated to the Fox River Navigational System Authority in fiscal year 2006-07 under section 20.373 (1) (r) of the statutes is $126,700.

AB100-ASA1, s. 9119 Section 9119. Nonstatutory provisions; governor.

AB100-ASA1, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

AB100-ASA1, s. 9121 Section 9121. Nonstatutory provisions; health and family services.

AB100-ASA1,967,5 (1) Relative guardianships. Notwithstanding section 48.977 (2) (a), 2003 stats., a petition under section 48.977 (4) of the statutes, as affected by this act, may be filed for the appointment of a relative as the guardian of the person of a child who has been placed, or continued in a placement, outside of his or her home for less than one year on the effective date of this subsection.

AB100-ASA1,967,6 (2) Transfer of sanitarian registration.

AB100-ASA1,967,10 (a) Registered sanitarians. All persons who were registered as sanitarians under section 250.05 of the statutes, as affected by this act, immediately before the effective date of this paragraph are registered under section 440.70 of the statutes, as affected by this act.

AB100-ASA1,967,18 (b) Rules and orders. All rules of the department of health and family services regulating registration of sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of regulation and licensing. All orders of the department of health and family services regulating registered sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of regulation and licensing.

AB100-ASA1,967,22 (c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, shall become the assets and liabilities of the department of regulation and licensing.

AB100-ASA1,968,2 (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 relating to the registration of sanitarians, as determined by the secretary of administration, is transferred to the department of regulation and licensing.

AB100-ASA1,968,8 (e) Contracts. All contracts entered into by the department of health and family services relating to the registration of sanitarians in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.

AB100-ASA1,968,14 (f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of sanitarians on the effective date of this paragraph is transferred to the department of regulation and licensing 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 regulation and licensing.

AB100-ASA1,968,17 (4) Medical Assistance and Community Aids Program funding and payments. The repeal of 2003 Wisconsin Act 318, sections 15, 18, 20, 22, and 27, by this act applies notwithstanding section 990.03 of the statutes.

AB100-ASA1,968,18 (5) Transfer of mental health services for homeless individuals.

AB100-ASA1,968,23 (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 mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.

AB100-ASA1,968,24 (b) Position transfer.

AB100-ASA1,969,5 1. On the effective date of this subdivision, the authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (6) (m) of the statutes, are decreased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.

AB100-ASA1,969,10 2. On the effective date of this subdivision, the authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (2) (m) of the statutes, are increased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.

AB100-ASA1,969,12 3. On the effective date of this subdivision, the incumbent employee holding the position specified in subdivision 1 . is transferred to the department of commerce.

AB100-ASA1,969,18 (c) Employee status. The employee transferred under paragraph (b ) 3. shall have all the same rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of commerce that he or she 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.

AB100-ASA1,969,23 (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 mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, is transferred to the department of commerce.

AB100-ASA1,970,6 (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 mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, remain in effect and are transferred to the department of commerce. The department of commerce shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of commerce to the extent allowed under the contract.

AB100-ASA1,970,16 (f) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, remain in effect until their specified expiration date or until amended or repealed by the department of commerce. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph that are primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, remain in effect until their specified expiration date or until modified or rescinded by the department of commerce.

AB100-ASA1,970,18 (10) Waiver for cost-saving measures under the Badger Care health care program.

AB100-ASA1,970,23 (a) The department of health and family services shall request one or more waivers from the secretary of the federal department of health and human services to permit the department of health and family services to implement cost-saving measures under the Badger Care health care program, including any of the following:

AB100-ASA1,971,3 1. Establishing a 3-tiered prescription drug copayment requirement that does not exceed the maximum copayment amount established by the group insurance board for state employees.

AB100-ASA1,971,4 2. Establishing a benchmark plan, as described in 42 CFR 457.420.

AB100-ASA1,971,6 3. Establishing mandatory copayments for benefits in addition to the copayments for prescription drug coverage.

AB100-ASA1,971,9 (b) If a federal waiver under paragraph (a) is approved, the department of health and family services shall seek enactment of statutory language to implement cost-saving measures authorized under the waiver.

AB100-ASA1,971,19 (12) Transfer of help desk and desktop support positions. All incumbent employees holding positions in the department of health and family services performing duties primarily related to information technology assistance services, as determined by the secretary of health and family services, are transferred on the effective date of this subsection to the department of administration. Employees transferred under this subsection have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the department of health and family services. 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.

AB100-ASA1,971,23 (12c) Benefit specialist funding. The department of health and family services shall inform aging units, as defined in section 46.81 (1) (a) of the statutes, that the funding increase for benefit specialist services as specified under section 46.81 (2) of the statutes, as affected by this act, is for state fiscal year 2006-07 only.

AB100-ASA1,972,7 (12d) Child welfare caseworker retention activities. By January 1, 2006, the department of health and family services shall submit to the joint committee on finance a report regarding the activities conducted by the bureau of Milwaukee child welfare in that department to retain caseworkers providing services to children and families in Milwaukee County. If the department of health and family services contracts with an outside consultant to review the causes of turnover of those caseworkers and to identify and prioritize strategies to improve the retention of those caseworkers, that department shall include the results of that review in the report under this subsection.

AB100-ASA1,972,14 (12k) Contracts for new family care resource centers. Notwithstanding sections 46.281 (1) (e) 2. and 46.283 (2) (b) of the statutes, as affected by this act, the department of health and family services may during the 2005-07 fiscal biennium enter into contracts with 9 entities to provide services under section 46.283 (3) and (4) of the statutes in a total of 13 counties and may subsequently renew the contracts without submitting the contracts to the joint committee on finance or obtaining approval from the joint committee on finance of the contracts.

AB100-ASA1,972,20 (12L) Budget request for operation of family care resource centers. The department of health and family services shall include a plan in its 2007-09 biennial budget request to reallocate funds in the department's base appropriations to support projected annual costs of operating resource centers under section 46.283 of the statutes, as affected by this act, which exceed the amount appropriated for the operation of resource centers in the 2006-07 fiscal year.

AB100-ASA1,973,5 (12q) Joint services programs plan and report. By December 31, 2005, the department of health and family services, the department of veterans affairs, and the department of corrections shall together develop a plan and submit to the joint committee on finance a report on proposed programs for the joint provision of personnel, payroll, purchasing, custodianship, grounds and maintenance, distribution, warehouse, and security services at the Northern Center for the Developmentally Disabled and the Southern Center for the Developmentally Disabled, for all programs that each agency conducts at these places. The report shall also contain the projected impact of the proposed programs on expenditures and numbers of authorized positions for each agency.

AB100-ASA1,973,10 (12r) Community integration program relocations from nursing homes; report. By January 1, 2007, the department of health and family services shall submit a report to the joint committee on finance that includes information collected for the 2005-07 fiscal biennium through at least July 1, 2006, and that identifies all of the following:

AB100-ASA1,973,14 (a) The administration, housing, and services expenditures under the Community Integration Program that are associated with any relocations made under section 46.277 (5) (g) of the statutes, as affected by this act, including the average expenditures by individual and collective expenditures.

AB100-ASA1,973,16 (b) The nature and duration of the community placements made under section 46.277 (5) (g) of the statutes, as affected by this act.