Amendment CSA1-SB40

SB40-CSA1,1547,18 (f) Rules and orders. All rules promulgated by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and 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on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and 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on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

SB40-CSA1,1547,19 (6) Agency name change.

SB40-CSA1,1547,21 (a) Wherever the term "health and family services" appears in the statutes, as affected by the acts of 2007, the term "health services" is substituted.

SB40-CSA1,1548,2 (b) Beginning on July 1, 2008, the department of health services has the powers and duties granted or assigned the department of health and family services by Sections 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect. Beginning on July 1, 2008, the secretary of health services has the powers and duties granted or assigned the secretary of health and family services by Sections 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect.

SB40-CSA1,1548,3 (6d) Reducing fetal and infant mortality and morbidity.

SB40-CSA1,1548,4 (a) In this subsection, "infant" means a child from birth to 12 months of age.

SB40-CSA1,1548,9 (b) In a county with a population of at least 190,000 but less than 230,000, from the appropriation under section 20.435 (5) (eu) of the statues, as created by this act, the department of health and family services shall distribute $250,000 in each of state fiscal years 2007-08 and 2008-09 to the city health department to provide a program of services to reduce fetal and infant mortality and morbidity.

SB40-CSA1,1548,15 (c) Notwithstanding section 251.08 of the statutes, in implementing the program under paragraph (b), the city health department shall, directly or by contract, do all of the following in or on behalf of areas of the county that are encompassed by the zip codes 53402 to 53406 and that are at risk for high fetal and infant mortality and morbidity, as determined by the department of health and family services:

SB40-CSA1,1548,20 1. Collaborate with faculty in the health disciplines of an academic institution and with a hospital that serves significant populations at high risk for poor birth outcomes, including low birth weights, prematurity, and gestational diabetes, to identify and implement best practices and evidence-based practices to reduce fetal and infant mortality and morbidity.

SB40-CSA1,1548,24 2. Identify necessary preconception, prenatal, and postnatal services and assess the availability of these services for women in the areas who lack insurance coverage or who are recipients of the Medical Assistance program or the Badger Care health care program.

SB40-CSA1,1549,6 3. Develop and implement models of care for all women in the areas who meet risk criteria, as specified by the department of health and family services, and provide comprehensive prenatal and postnatal care coordination and other services, including home visits, by registered nurses who are public health nurses or who meet the qualifications of public health nurses, as specified in section 250.06 (1) of the statutes, or by social workers, as defined in section 252.15 (1) (er) of the statutes.

SB40-CSA1,1549,10 4. Conduct social marketing, including outreach, assuring health care access, public awareness programs, community health education programs, and other best practices and evidence-based practices, to reduce fetal and infant mortality and morbidity.

SB40-CSA1,1549,12 5. Evaluate the quality and effectiveness of the services provided under subdivisions 3. and 4.

SB40-CSA1,1549,18 (d) In 2008 and 2009, the city health department shall prepare a report on fetal and infant mortality and morbidity in areas of the county that are encompassed by the zip codes 53402 to 53406. The report shall be derived, at least in part, from a multidisciplinary review of all fetal and infant deaths in the relevant year and shall specify causation found for the mortality and morbidity. The city health department shall submit the report to all of the following:

SB40-CSA1,1549,19 1. The city of Racine.

SB40-CSA1,1549,20 2. The department of health and family services.

SB40-CSA1,1549,22 3. The legislature, in the manner provided under section 13.172 (3) of the statutes.

SB40-CSA1,1549,23 4. The governor.

SB40-CSA1,1549,24 (7j) Medical assistance pharmacy dispensing fee.

SB40-CSA1,1550,3 (a) In this subsection, "public assistance programs" means medical assistance, as defined in section 49.43 (8) of the statutes, and the programs under sections 49.665 and 49.688 of the statutes, as affected by this act.

SB40-CSA1,1550,10 (b) The department of health and family services shall determine the amount by which reimbursement to pharmacies for multisource generic drug products under public assistance programs will be reduced as a result of implementation of average manufacturing price reimbursement standards in accordance with the federal Deficit Reduction Act of 2005, and shall determine the amount by which the pharmacy dispensing fee under public assistance programs must be increased to compensate for that reduction in reimbursement.

SB40-CSA1,1550,17 (c) The department of health and family services shall submit to the U.S. department of health and human services an amendment to the state plan for medical assistance that authorizes the department of health and family services to increase the pharmacy dispensing fee under public assistance programs by the amount determined under paragraph (b), and, if the U.S. department of health and human services approves the amendment, shall increase the dispensing fee upon approval.

SB40-CSA1,1550,22 (7k) Report on food stamp employment and training program participation. The department of health and family services shall submit to the joint committee on finance, no later than January 1, 2009, a report that compares participation in the food stamp employment and training program after participation becomes voluntary with participation in the program before participation became voluntary.

SB40-CSA1,1551,5 (7L) Smoking cessation program. The department of health and family services shall create, and, by the first day of the 7th month beginning after the effective date of this subsection, implement an incentive-based smoking cessation program for medical assistance recipients. The program shall incorporate elements of existing smoking cessation programs administered by the state. The emphasis of the program shall be to have medical assistance recipients stop smoking as soon as possible. The department of health and family services may enter into an agreement with another person to create or administer the program.

SB40-CSA1,1551,6 (7p) Report on purchase of drugs for hiv/aids.

SB40-CSA1,1551,9 (a) The department of health and family services shall determine the feasibility of modifying the pilot program under section 49.686 (6) of the statutes, as created by this act, in the following manner:

SB40-CSA1,1551,13 1. The cost of drugs for individuals in the pilot program and for which reimbursement may be provided under section 49.686 (2) of the statutes would continue to be paid for under the program under section 49.686 (1) to (5) of the statutes.

SB40-CSA1,1551,16 2. The Health Insurance Risk-Sharing Plan would reimburse the program under section 49.686 (1) to (5) of the statutes for the drug costs paid by that program under subdivision 1.

SB40-CSA1,1551,18 (b) No later than January 1, 2008, the department shall submit a report with its conclusions to the Joint Committee on Finance.

SB40-CSA1,1551,25 (8k) Dental access funding. From the net savings projected to result from the implementation of the BadgerCare Plus program under section 49.471 of the statutes, as created by this act, the department of health and family services shall provide $200,000 in fiscal year 2007-08 to the Peter Christensen Health Center and $200,000 in fiscal year 2007-08 to the Lake Superior Community Health Center to increase access to dental services under the related initiatives that are to be funded from those projected net savings.

SB40-CSA1,1552,5 (8x) Clinic grant for dental services. 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 provide $17,500 in fiscal year 2007-08 and $17,500 in fiscal year 2008-09 to the Community Connections Free Clinic in Dodgeville to provide dental services to low-income residents of Iowa County and surrounding areas.

SB40-CSA1,1552,10 (9f) State centers for the developmentally disabled. The authorized FTE positions for the department of health and family services are increased by 6.64 PR positions on July 1, 2007, to be funded from the appropriation account under section 20.435 (2) (gk) of the statutes, for the purpose of performing services at the state centers for the developmentally disabled.

SB40-CSA1,1552,11 (9i) Transfer and renaming of council on developmental disabilities.

SB40-CSA1,1552,16 (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 council on developmental disabilities, as determined by the secretary of administration, shall become the assets and liabilities of the board for people with developmental disabilities.

SB40-CSA1,1552,21 (b) Employee transfers. All incumbent employees holding positions in the department of health and family services performing duties primarily related to the functions of the council on developmental disabilities, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the board for people with developmental disabilities.

SB40-CSA1,1553,3 (c) Employee status. Employees transferred under paragraph (b) have all the rights and the same status under subchapter V of chapter 111 and under chapter 230 of the statutes, as affected by this act, in the board for people with developmental disabilities 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.

SB40-CSA1,1553,8 (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 functions of the council on developmental disabilities, as determined by the secretary of administration, is transferred to the board for people with developmental disabilities.

SB40-CSA1,1553,15 (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 functions of the council on developmental disabilities, as determined by the secretary of administration, remain in effect and are transferred to the board for people with developmental disabilities. The board for people with developmental disabilities shall carry out any obligations under such a contract until the contract is modified or rescinded by the board to the extent allowed under the contract.

SB40-CSA1,1553,22 (em) 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 council on developmental disabilities, as determined by the secretary of administration, is transferred to the board for people with developmental disabilities 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 board.

SB40-CSA1,1554,2 (9p) Grant for hiv infection services. From the appropriation account under section 20.435 (5) (ma) of the statutes the department of health and family services shall provide to the Black Health Coalition of Wisconsin, Inc., $100,000 in state fiscal year 2007-08 as a one-time grant to provide HIV infection outreach, education, referral, and other services.

SB40-CSA1,1554,8 (9u) Dane County early childhood initiatives. From the appropriation account under section 20.435 (3) (bc) of the statutes, as affected by section 341x of this act, the department of health and family services shall distribute $250,000 in fiscal year 2007-08 for comprehensive early childhood initiatives in Dane County that provide home visiting and employment preparation and support for low-income families.

SB40-CSA1, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

SB40-CSA1,1554,10 (1) Wisconsin Covenant Scholars Program.

SB40-CSA1,1554,14 (a) Rules. The higher educational aids board shall submit in proposed form the rules required under section 39.437 (5) 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 18th month beginning after the effective date of this paragraph.

SB40-CSA1,1554,24 (b) Emergency rules. Using the procedure under section 227.24 of the statutes, the higher educational aids board may promulgate the rules required under section 39.437 (5) of the statutes, as created by this act, for the period before the effective date of the permanent 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 higher educational aids board 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.

SB40-CSA1, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

SB40-CSA1, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

SB40-CSA1, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

SB40-CSA1, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

SB40-CSA1,1555,11 (1f) Operating expenditures. Notwithstanding section 25.187 (2) (c) 1. of the statutes, as affected by this act, the total amount that the investment board may assess the funds for which the board has management responsibility during the 2007-08 fiscal year may not exceed the greater of the amount that the board could have assessed the funds during the 2006-07 fiscal year or 0.0285 percent of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the 2006-07 fiscal year.

SB40-CSA1,1555,12 (1h) Initiatives reports.

SB40-CSA1,1555,17 (a) During the 2008-09 fiscal year, on or before January 31, 2009, the investment board shall submit a report to the joint legislative audit committee and the joint committee on finance on the implementation and outcomes of initiatives commenced as a result of the changes in expenditure authority under section 25.187 (2) (c) 1. of the statutes, as affected by this act.

SB40-CSA1,1555,22 (b) During the 2009-10 fiscal year, on or before January 31, 2010, the investment board shall submit a report to the joint legislative audit committee and the joint committee on finance on the implementation and outcomes of initiatives commenced as a result of the changes in expenditure authority under section 25.187 (2) (c) 1. of the statutes, as affected by this act.

SB40-CSA1, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.

SB40-CSA1, s. 9128 Section 9128. Nonstatutory provisions; Judicial Commission.

SB40-CSA1, s. 9129 Section 9129. Nonstatutory provisions; Justice.

SB40-CSA1, s. 9130 Section 9130. Nonstatutory provisions; Legislature.

SB40-CSA1,1556,9 (1d) Joint survey committee on retirement systems; actuarial opinion of 2007 Senate Bill 19 or 2007 Assembly Bill 43. The cochairpersons of the joint survey committee on retirement systems, pursuant to the powers granted the cochairpersons under section 13.50 (6) (am) of the statutes, are requested to order, during the 2007-08 fiscal year, an actuarial opinion on the impact of 2007 Senate Bill 19 or 2007 Assembly Bill 43, and any pending amendments, on the costs, actuarial balance, or goals of the Wisconsin Retirement System.

SB40-CSA1,1556,10 (1f) Elimination of revisor of statutes bureau.

SB40-CSA1,1556,12 (a) On December 31, 2007, all assets and liabilities of the revisor of statutes bureau shall become the assets and liabilities of the legislative reference bureau.

SB40-CSA1,1556,14 (b) On December 31, 2007, all tangible personal property, including records, of the revisor of statutes bureau is transferred to the legislative reference bureau.

SB40-CSA1,1556,19 (c) On December 31, 2007, all contracts entered into by the revisor of statutes bureau, which are in effect on December 31, 2007, remain in effect and are transferred to the legislative reference bureau. The legislative reference bureau shall carry out any such contractual obligations until modified or rescinded by the legislative reference bureau to the extent allowed under the contract.

SB40-CSA1,1556,25 (d) 1. If requested by any person who holds an attorney position at the revisor of statutes bureau, the chief of the legislative reference bureau shall interview the person to fill an attorney position at the legislative reference bureau. The chief of the legislative reference bureau shall offer employment at the legislative reference bureau, beginning on or before December 31, 2007, to one person who holds an attorney position at the revisor of statutes bureau.

SB40-CSA1,1557,6 2. If requested by any person who holds a publications editor position at the revisor of statutes bureau, the chief of the legislative reference bureau shall interview the person to fill a publications editor position at the legislative reference bureau. The chief of the legislative reference bureau shall offer employment at the legislative reference bureau, beginning on or before December 31, 2007, to one person who holds a publications editor position at the revisor of statutes bureau.

SB40-CSA1,1557,7 (2c) Creation of department of children and families.

SB40-CSA1,1557,12 (a) Advisory role of special committee on strengthening Wisconsin's families. The special committee on strengthening Wisconsin's families under section 13.83 (4), 2005 stats., shall advise the secretaries of administration, health and family services, and workforce development in planning and implementing the creation of the department of children and families.

SB40-CSA1,1557,18 (b) Certain missions unaltered. The creation of the department of children and families and the merging in that department of the child welfare programs administered by the department of health and family services under chapter 46, 2005 stats., and chapter 48, 2005 stats., and of the Wisconsin Works program administered by the department of workforce development under subchapter III of chapter 49, 2005 stats., does not alter the missions of those programs.

SB40-CSA1,1557,19 (4v) Legislative appropriation lapses and reestimates.

SB40-CSA1,1557,21 (a) In this subsection, "state operations" means all purposes except aids to individuals and organizations and local assistance.

SB40-CSA1,1558,2 (b) The cochairpersons of the joint committee on legislative organization shall take actions during the 2007-09 fiscal biennium to ensure that from general purpose revenue appropriations for state operations to the legislature under section 20.765 of the statutes, as affected by this act, an amount equal to $6,305,600 is lapsed from sum certain appropriation accounts or are subtracted from the expenditure estimates for any other types of appropriations, or both.

SB40-CSA1, s. 9131 Section 9131. Nonstatutory provisions; Lieutenant Governor.

SB40-CSA1, s. 9132 Section 9132. Nonstatutory provisions; Lower Wisconsin State Riverway Board.

SB40-CSA1, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

SB40-CSA1, s. 9134 Section 9134. Nonstatutory provisions; Military Affairs.

SB40-CSA1, s. 9135 Section 9135. Nonstatutory provisions; Natural Resources.

SB40-CSA1,1558,12 (1) Managed forest land board. Notwithstanding section 15.345 (6) of the statutes, as created by this act, 2 of the initial members of the managed forest land board appointed under section 15.345 (6) (a) to (d) of the statutes, as created by this act, shall serve for terms expiring on May 1, 2009, and 2 of those initial members shall serve for terms expiring on May 1, 2011.

SB40-CSA1,1558,22 (1f) Rules for contaminated sediment program. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate the rule required under section 292.68 (11) of the statutes, as created by this act, for the period before the effective date of the permanent rule under that provision, 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.

SB40-CSA1,1559,5 (1i) Grant to Chippewa Falls. From the appropriation account under section 20.370 (6) (dq) or 20.866 (2) (th) of the statutes, as affected by this act, the department of natural resources shall provide a grant to the city of Chippewa Falls during the 2007-09 fiscal biennium to purchase land along the business route of STH 29 near Bridge Street and River Street in the city of Chippewa Falls. The department shall make the grant under this subsection in an amount equal to $200,000 or 70 percent of the cost of purchasing the land, whichever is less.

SB40-CSA1,1559,18 (2u) Terms of members of Lower Fox River Remediation Authority. Notwithstanding the length of terms specified in section 279.02 (1) of the statutes, as created by this act, the governor shall appoint one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2009, one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2010, one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2011, one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2012, one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2013, one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2014, and one of the initial members of the Lower Fox River Remediation Authority for a term expiring on June 30, 2015.

SB40-CSA1,1560,2 (2v) Southeastern Wisconsin Fox River Commission. The department of natural resources shall provide in fiscal year 2007-08, from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, $250,000 to the Southeastern Wisconsin Fox River Commission. The commission may use this funding for activities that are being conducted on the effective date of this subsection and that are consistent with the commission's implementation plan. The activities for which this funding is utilized may include the activities required under section 33.56 (1), (2), and (3) of the statutes.

SB40-CSA1,1560,10 (3f) Grant for Chelsea Sanitary District. Notwithstanding section 281.58 (8) (g), (8m), and (13) (b) and (c) to (d) of the statutes, in fiscal year 2007-08, the department of natural resources shall provide a clean water fund financial hardship assistance grant of not more than $80,000 to the Chelsea Sanitary District in Taylor County for sanitary system improvements. Notwithstanding section 281.58 (13) (e), the department shall allocate financial hardship assistance for the Chelsea Sanitary District project before it allocates financial hardship assistance to any other project in fiscal year 2007-08.

SB40-CSA1,1560,18 (3k) Wildlife damage plan. The department of natural resources shall prepare a plan that describes methods for administering the wildlife damage abatement and wildlife damage claim programs in fiscal year 2008-09 so that the amounts expended by the department for those programs, as authorized under section 29.889 of the statutes, do not exceed the revenues received by the department for expenditure under section 29.889 of the statutes. The department of natural resources shall submit the plan to the members of the joint committee on finance no later than January 1, 2008.

SB40-CSA1,1561,2 (4c) Aquatic invasive species grant. From the appropriation under section 20.370 (6) (as) of the statutes, as created by this act, the department of natural resources shall provide a $25,000 grant in fiscal year 2007-08 to the city of Oshkosh under section 23.22 (2) (c) of the statutes, as affected by this act, to fund aquatic invasive species education, prevention, and control activities in Miller's Bay and the adjacent waters of Lake Winnebago. Notwithstanding the cost-sharing requirements specified under section 23.22 (2) (c) of the statutes, as affected by this act, the city of Oshkosh need not make any cost-share contributions to match the grant provided under this subsection.

SB40-CSA1,1561,13 (4f) Duluth-Superior Harbor study. Of the amounts appropriated 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 $100,000 in fiscal year 2007-08 to the city of Superior for a project to study dock wall corrosion in the Duluth-Superior Harbor. The city of Superior need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (1) (c) and (4) (b) 7. of the statutes, the study of dock wall corrosion in the Duluth-Superior Harbor is a qualifying project for the purpose of expending moneys under this subsection. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes.

SB40-CSA1,1561,15 (4g) All-terrain vehicle trails in Northern Highland-American Legion State Forest.

SB40-CSA1,1561,19 (a) From the appropriation under section 20.370 (1) (ms) of the statutes, as affected by this act, the department of natural resources may spend up to $504,100 during fiscal year 2007-08 for the development of all-terrain vehicle trails in the Northern Highland-American Legion State Forest, subject to paragraph (b).

SB40-CSA1,1561,21 (b) Expenditures under this subsection shall be approved by the natural resources board.

SB40-CSA1, s. 9136 Section 9136. Nonstatutory provisions; Public Defender Board.

SB40-CSA1, s. 9137 Section 9137. Nonstatutory provisions; Public Instruction.