AB100: Bill Text

AB100,2046,12 (d) Employe transfers and status. On the effective date of this paragraph, all incumbent employes holding positions in the gaming board are transferred to the department of administration. Employes transferred under this paragraph have all rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes that they enjoyed in the gaming board. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class may be required to serve a probationary period.

AB100,2046,17 (e) Pending matters. Any matters pending with the gaming board on the effective date of this paragraph are transferred to the department of administration and all materials submitted to or actions taken by the gaming board with respect to any pending matter are considered as having been submitted to or taken by the department of administration.

AB100,2046,24 (f) Rules and orders. All rules promulgated by the gaming board, other than rules that relate to chapter 565 of the statutes, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the gaming board, other than orders that relate to chapter 565 of the statutes, that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

AB100,2047,7 (2) Lottery functions transfer. All rules that relate to chapter 565 of the statutes that are in effect before the effective date of this subsection shall remain in effect until their specified expiration date or until amended or repealed by the department of revenue. All orders that relate to chapter 565 of the statutes that are in effect before the effective date of this subsection shall remain in effect until their specified expiration date or until amended or rescinded by the department of revenue.

AB100, s. 9123 Section 9123. Nonstatutory provisions; health and family services.

AB100,2047,9 (1) Milwaukee child welfare transfer.

AB100,2047,20 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the Milwaukee County department of social services and of the Milwaukee County children's court center that is primarily related to providing child welfare services under chapter 48 of the statutes is transferred to the department of health and family services. The Milwaukee County department of social services, the Milwaukee County children's court center and the department of health and family services shall jointly identify this tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB100,2048,2 (b) Pending matters. Any matter pending under chapter 48 of the statutes with the Milwaukee County department of social services or with the Milwaukee County children's court center on the effective date of this paragraph is transferred to the department of health and family services. All materials submitted or actions taken by the Milwaukee County department of social services or by the Milwaukee County children's court center with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

AB100,2048,11 (c) Custody. On the effective date of this paragraph, all persons who are under the legal custody, supervision or guardianship of the Milwaukee County department of social services under chapter 48 of the statutes are transferred to the legal custody, supervision or guardianship of the department of health and family services. The Milwaukee County department of social services and the department of health and family services shall jointly determine those persons and shall jointly develop a plan for the orderly transfer thereof. In the event of any disagreement, the secretary of administration shall resolve the dispute and shall develop a plan for the orderly transfer thereof.

AB100,2048,19 (2) Carry-over for long-term care pilot project. The department of health and family services may carry forward funds allocated under section 46.27 of the statutes from the appropriation account under section 20.435 (7) (bd) of the statutes, as affected by this act, that are not spent or encumbered by counties by December 31 or carried forward under section 46.27 (7) (fm) or (g) of the statutes for the purpose of establishing and operating a pilot project under section 46.271 (2m) of the statutes, as created by this act. All funds carried forward under this subsection that are not spent or encumbered by June 30, 1999, shall lapse to the general fund on July 1, 1999.

AB100,2048,25 (3) Supplemental payments for children of supplemental security income recipients. Notwithstanding section 49.775 (2) of the statutes, as created by this act, the department of health and family services may make a payment under section 49.775 (2) of the statutes, as created by this act, to a custodial parent on behalf of a dependent child for whom aid is paid under section 49.19 of the statutes beginning on the later of the following:

AB100,2049,2 (a) The first day of the 3rd month beginning after the effective date of this paragraph.

AB100,2049,5 (b) The first day of the first month beginning after the first regularly scheduled reinvestigation under section 49.19 (5) (e) of the statutes conducted after the effective date of this paragraph.

AB100,2049,14 (4) Exemption from emergency rule procedures for mandatory health insurance risk-sharing plan. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate any rules that the department is authorized or required to promulgate under chapter 149 of the statutes, as affected by this act, for the period before the effective date of any permanent rules promulgated by the department under chapter 149 of the statutes, as affected 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) and (3) of the statutes, the department is not required to make a finding of emergency.

AB100,2049,21 (5) Health insurance program for uninsured children. By July 1, 1998, the department of health and family services shall conduct and report to the governor on the results of a study to explore, on a statewise basis, possible provision of a health insurance program for uninsured school-age children, as determined by the department. If the health insurance program appears to be feasible, the department shall, with the report, include proposed statutory language necessary to implement the program.

AB100,2049,24 (6) Health programs for women. From the appropriation account under section 20.435 (5) (cb) of the statutes, as created by this act, the department of health and family services shall do all of the following:

AB100,2049,25 (a) Conduct a women's health campaign to do all of the following:

AB100,2050,1 1. Increase women's awareness of issues that affect their health.

AB100,2050,3 2. Reduce the prevalence of chronic and debilitating health conditions that affect women.

AB100,2050,7 (b) Distribute funds to applying individuals, institutions or organizations for the conduct of projects to enhance activities of communities in establishing and maintaining a comprehensive women's health program that addresses all major risk factors for chronic disease for middle-aged and older women.

AB100,2050,20 (7) Development of a facility licensing and certification system. In fiscal year 1997-98, the department of health and family services shall distribute $50,000 from the appropriation under section 20.435 (3) (a) of the statutes, $100,000 from the appropriation under section 20.435 (6) (a) of the statutes and $100,000 from the appropriation under section 20.435 (6) (jm) of the statutes and in fiscal year 1998-99, the department of health and family services shall distribute $150,000 from the appropriation under section 20.435 (3) (a) of the statutes, to develop and extend use of a facility licensing and certification system. However, the secretary of administration may, under section 16.50 (2) of the statutes, withhold approval of an expenditure estimate of the funds under this subsection until he or she determines that the department of health and family services has adequately explored and planned for the use of a common licensing and certification system with the department of regulation and licensing.

AB100,2050,21 (8) Transfer of information services.

AB100,2051,2 (a) Employe transfers. On the effective date of this paragraph, 9.5 FTE PR positions in the department of health and family services that are primarily related to internet and print services functions and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of administration.

AB100,2051,8 (b) Employe status. Employes transferred under paragraph (a ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB100,2051,18 (9) Emergency rules for approval of nontreatment units or facilities. Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules regarding approval of nontreatment units or facilities under section 51.055 of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under section 51.055 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) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB100,2051,23 (10) Breast cancer screening activities. From the appropriation under section 20.435 (5) (cc) of the statutes, the department of health and family services shall award a single grant of $500,000 in fiscal year 1997-98 and $100,000 in fiscal year 1998-99 to an applying entity for the performance of breast cancer screening activities with the use of a mobile mammography van.

AB100, s. 9124 Section 9124. Nonstatutory provisions; historical society.

AB100,2051,25 (1) Agency request.

AB100,2052,8 (a) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999-2001 biennial budget bill, the historical society shall submit a dollar amount for the 2000-01 fiscal year for the appropriation under section 20.245 (1) (a) of the statutes that is $205,000 less than the total amount appropriated under section 20.245 (1) (a) of the statutes for the 1998-99 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1999-2001 fiscal biennium.

AB100,2052,16 (b) Notwithstanding section 16.42 (1) (e) of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 1999-2001 biennial budget bill, the historical society shall submit a dollar amount for the 2000-01 fiscal year for the appropriation under section 20.245 (1) (am) of the statutes that is $205,000 more than the total amount appropriated under section 20.245 (1) (am) of the statutes for the 1998-99 fiscal year, before submitting any information relating to any increase or decrease in the dollar amount for that appropriation for the 1999-2001 fiscal biennium.

AB100, s. 9125 Section 9125. Nonstatutory provisions; housing and economic development authority.

AB100,2053,10 (1) Memorandum of understanding. The department of commerce and the Wisconsin Housing and Economic Development Authority shall enter into a memorandum of understanding that establishes standards for the economic development activities of, and the economic development programs administered by, the department and the authority. The standards shall be established to ensure that the department does not duplicate the functions and efforts of the authority, and that the authority does not duplicate the functions and efforts of the department, with respect to the economic development activities and programs, and the intended beneficiaries of the economic development activities and programs, of each entity. The memorandum of understanding shall include sufficiently detailed descriptions of the department's and authority's activities and programs, and the intended beneficiaries of each, as to permit a clear delineation of which entity has principal responsibility for which specific economic development activities and programs. A copy of the memorandum of understanding, signed by the secretary of commerce and the executive director of the Wisconsin Housing and Economic Development Authority, shall be submitted to the cochairpersons of the joint committee on finance no later than 6 months after the effective date of this subsection.

AB100, s. 9126 Section 9126. Nonstatutory provisions; industry, labor and job development.

AB100,2053,16 (1) Financial record matching program. The department of industry, labor and job development shall submit in proposed form the rules required under section 49.853 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.

AB100,2053,24 (2) Definition of needy person. Using the procedure under section 227.24 of the statutes, the department of industry, labor and job development shall promulgate the rule required under section 49.138 (1d) (b) of the statutes, as created by this act, for the period before the effective date of the permanent rule promulgated under section 49.138 (1d) (b) 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) and (3) of the statutes, the department of industry, labor and job development is not required to make a finding of emergency.

AB100,2054,5 (3) Statewide concern. Notwithstanding chapter 201, laws of 1937, section 21, as created by chapter 405, laws of 1965, the treatment of section 49.852 of the statutes, as created by this act, and chapter 201, laws of 1937, sections 11 and 21b, is a matter of statewide concern and is not a matter of local affair or government, whether a retirement system is affected or otherwise.

AB100, s. 9127 Section 9127. Nonstatutory provisions; insurance.

AB100,2054,7 (1) Transfer of functions of office of health care information.

AB100,2054,16 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the office of the commissioner of insurance primarily related to the functions of the office of health care information shall become the assets and liabilities of the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.

AB100,2054,21 (b) Employe transfers. On the effective date of this paragraph, 19.0 FTE PR positions in the office of the commissioner of insurance that are primarily related to the functions of the office of health care information and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100,2055,3 (c) Employe status. Employes transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, in the department of health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB100,2055,12 (d) Supplies and equipment. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance primarily related to the functions of the office of health care information are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.

AB100,2055,19 (e) Pending matters. On the effective date of this paragraph, any matter pending with the office of the commissioner of insurance primarily related to the functions of the office of health care information is transferred to the department of health and family services. All materials submitted or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

AB100,2056,6 (f) Contracts. On the effective date of this paragraph, all contracts entered into by the office of the commissioner of insurance primarily related to the functions of the office of health care information which are in effect on the effective date of this paragraph, remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.

AB100,2056,15 (g) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the functions of the office of health care information remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB100,2056,16 (2) Transfer of mandatory health insurance risk-sharing plan.

AB100,2056,25 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan shall become the assets and liabilities of the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.

AB100,2057,5 (b) Employe transfers. On the effective date of this paragraph, 1.5 FTE SEG positions in the office of the commissioner of insurance that are primarily related to the mandatory health insurance risk-sharing plan and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100,2057,11 (c) Employe status. Employes 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 health and family services that they enjoyed in the office of the commissioner of insurance immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB100,2057,20 (d) Supplies and equipment. On the effective date of this paragraph, all tangible personal property, including records, of the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question.

AB100,2058,2 (e) Pending matters. On the effective date of this paragraph, any matter pending with the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan is transferred to the department of health and family services. All materials submitted or actions taken by the office of the commissioner of insurance with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

AB100,2058,14 (f) Contracts. On the effective date of this paragraph, all contracts entered into by the office of the commissioner of insurance primarily related to the mandatory health insurance risk-sharing plan that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of health and family services. The department of health and family services and the office of the commissioner of insurance shall jointly identify these contracts and shall jointly develop and implement a plan for the orderly transfer thereof. In the event of any disagreement between the department and the office of the commissioner of insurance, the secretary of administration shall decide the question. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.

AB100,2058,23 (g) Rules and orders. All rules promulgated by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until amended or repealed by the department of health and family services. All orders issued by the office of the commissioner of insurance that are in effect on the effective date of this paragraph and that are primarily related to the mandatory health insurance risk-sharing plan remain in effect until their specified expiration date or until modified or rescinded by the department of health and family services.

AB100, s. 9132 Section 9132. Nonstatutory provisions; legislature.

AB100,2059,5 (1) Level A emergency response teams study. The joint legislative audit committee is requested to direct the legislative audit bureau to perform a financial and performance evaluation audit of the emergency response teams that respond to Level A releases of hazardous substances, as defined in section 166.20 (1) (ge) (intro.) of the statutes.

AB100, s. 9137 Section 9137. Nonstatutory provisions; natural resources.

AB100,2059,18 (1) Fish and game approval issuing system and campground reservation system. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under sections 27.01 (7) (e) 2., (7m) (c) and (11) (b) and 29.09 (3m) and (3r) of the statutes, as created by this act. If the department uses this procedure to promulgate any of these rules, the department shall promulgate the rules within 90 days after the effective date of this subsection. Notwithstanding section 227.24 (1) and (3) of the statutes, the department is not required to make a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the effective period of a rule promulgated under this subsection is for one year after its promulgation and may not be further extended under section 227.24 (2) of the statutes.

AB100,2060,2 (2) Emergency rules for land recycling loan program. Before July 1, 1998, using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules required under section 281.60 (13) (b) and (c) of the statutes, as created by this act, for the period before the effective date of the permanent rules required under those provisions, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating rules under this subsection.

AB100,2060,19 (3) Recreational boating project; High Cliff State Park. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall expend the amount that is necessary for the construction of breakwater structures in Lake Winnebago at the entrance of High Cliff State Park harbor to provide for boater safety, but the amount may not exceed $500,000. The department may either expend the amount directly or provide it as a grant to Calumet County. Notwithstanding section 30.92 (4) (b) 2. of the statutes, neither the department nor Calumet County need contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. Notwithstanding section 30.92 (4) (a) of the statutes, the department may expend directly the amount authorized under this subsection even though Lake Winnebago is not an inland lake without a public access facility. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. Section 20.924 (1) of the statutes, as affected by this act, does not apply to the construction of these breakwater structures. This subsection does not apply after June 30, 2000.

AB100,2060,23 (4) Initial terms of the members of the environmental performance council. Notwithstanding the length of terms of the members of the environmental performance council specified in section 15.347 (10) (b) of the statutes, as created by this act, the terms of the initial members of the council shall expire as follows:

AB100,2060,25 (a) Four of the members appointed under section 15.347 (10) (a) 4. of the statutes, as created by this act, on July 1, 1999.

AB100,2061,2 (b) Four of the members appointed under section 15.347 (10) (a) 4. of the statutes, as created by this act, on July 1, 2001.

AB100,2061,7 (5) Permit guarantee program. The department of natural resources shall submit proposed rules required under section 299.05 of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than the first day of the 13th month beginning after the effective date of this subsection.

AB100,2061,8 (6) Highway landscaping.

AB100,2061,17 (a) The department of natural resources and the department of transportation shall jointly develop a plan for landscaping along the highways of this state, with priority given to highways located in the region composed of Adams, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waushara and Winnebago counties. The departments shall submit the plan before January 1, 1998, to the department of administration for its approval.

AB100,2061,25 (b) From the appropriation under section 20.370 (1) (mu) of the statutes, as affected by this act, the department of natural resources shall allocate $500,000 in fiscal year 1997-98 and $500,000 in fiscal year 1998-99 for the landscaping. The department shall contract with the department of corrections to provide work crews of inmates and with the Wisconsin conservation corps to provide work crews to do the landscaping. The department of natural resources shall expend at least 50% of the moneys allocated under this paragraph to reimburse the department of corrections for the use of its work crews.

AB100,2062,7 (7) Technology migration report. No later than January 1, 1998, the department of natural resources shall submit a plan to the department of administration detailing proposed expenditures from the appropriation under section 20.370 (8) (mt) of the statutes, as affected by this act, necessary to conform the department of natural resources' information technology to any guidelines and standards established under section 16.971 (2) (j) of the statutes by the division of technology management in the department of administration.

AB100,2062,18 (8) Recreational boating project; Stockbridge Harbor. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall provide to Calumet County the amount that is necessary for the completion of Stockbridge Harbor on Lake Winnebago, but the amount may not exceed $700,000. Notwithstanding section 30.92 (4) (b) 2. of the statutes, Calumet County need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. 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, 2000.

AB100,2063,4 (9) Recreational boating project; Columbia County Park. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall provide to Fond du Lac County the amount that is necessary for boat launching facilities at Columbia County Park on Lake Winnebago, but the amount may not exceed $750,000. Notwithstanding section 30.92 (4) (b) 2. of the statutes, Fond du Lac County need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. 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, 2000.

AB100,2063,15 (10) Recreational boating project; Petenwell Lake. From the appropriation under section 20.370 (5) (cq) of the statutes, the department of natural resources shall provide to Adams County the amount that is necessary to construct boat launching facilities and a harbor of refuge on Petenwell Lake, but the amount may not exceed $1,200,000. Notwithstanding section 30.92 (4) (b) 2. of the statutes, Adams County need not contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. 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, 2000.

AB100, s. 9139 Section 9139. Nonstatutory provisions; public defender board.

AB100,2063,21 (1) Report on representation of sexually violent persons. By October 1, 1998, the state public defender shall submit a report to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor specifying and evaluating the time spent by the state public defender in representing persons under chapter 980 of the statutes.

AB100, s. 9140 Section 9140. Nonstatutory provisions; public instruction.

AB100,2063,23 (1) Residential schools.

AB100,2064,3 (a) By October 1, 1997, and by October 1, 1998, the state superintendent of public instruction shall submit to the secretary of administration a plan specifying all of the following:

AB100,2064,6 1. How the state superintendent will allocate $74,000 from the appropriation under section 20.255 (1) (b) of the statutes in each fiscal year of the 1997-99 biennium for maintenance projects at the Wisconsin School for the Deaf.

AB100,2064,9 2. How the state superintendent will allocate $17,200 from the appropriation under section 20.255 (1) (b) of the statutes in each fiscal year of the 1997-99 biennium for maintenance projects at the Wisconsin School for the Visually Handicapped.

AB100,2064,14 (b) 1. Of the moneys appropriated to the department of public instruction under section 20.255 (1) (b) of the statutes, $74,000 in each fiscal year of the 1997-99 biennium is allocated for maintenance projects at the Wisconsin School for the Deaf, and $17,200 in each fiscal year of the 1997-99 biennium is allocated for maintenance projects at the Wisconsin School for the Visually Handicapped.

AB100,2064,17 2. The moneys specified under subdivision 1. may not be encumbered or expended until the applicable plan under paragraph (a ) has been approved by the secretary of administration.

AB100,2064,18 (2) Transfer of prevention and intervention grant programs.

AB100,2064,23 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of public instruction primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 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 health and family services.

AB100,2065,4 (b) Employe transfers. On the effective date of this paragraph, 5.0 FTE positions in the department of public instruction that are primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, and the incumbents holding these positions, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100,2065,10 (c) Employe status. Employes transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, in the department of health and family services that they enjoyed in the department of public instruction immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

AB100,2065,15 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of public instruction primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, as determined by the secretary of administration, are transferred to the department of health and family services.

AB100,2065,22 (e) Pending matters. On the effective date of this paragraph, any matter pending with the department of public instruction primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 of the statutes, as affected by this act, is transferred to the department of health and family services. All materials submitted or actions taken by the department of public instruction with respect to the pending matter are considered as having been submitted to or taken by the department of health and family services.

AB100,2066,5 (f) Contracts. All contracts entered into by the department of public instruction in effect on the effective date of this paragraph that are primarily related to its functions under sections 115.36, 115.361 (3) to (7) and 115.362 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 health and family services. The department of health and family services shall carry out any such contractual obligations until modified or rescinded by the department of health and family services to the extent allowed under the contract.