SB44: Bill Text

SB44,1060,17 2. From each appropriation of federal revenues, the secretary of administration shall determine the amount that is lapsed to the general fund.

SB44,1061,6 (f) 1. Except as provided in subdivision 2., from each appropriation of segregated fund revenues or segregated fund revenues — service identified in paragraph (b), the secretary of administration shall lapse to the underlying fund the amount specified in paragraph (b ) that would otherwise have been expended from each of the appropriations. The secretary of administration shall make the lapse on the day on which the state agency would have been required to make the expenditure. After the secretary of administration makes the lapse, each of the sum certain segregated revenues or segregated revenues — service appropriations is decreased by the amount specified in paragraph (b) for that appropriation, and the expenditure estimate for each of the appropriations that are not sum certain appropriations is reestimated to subtract the amount specified in paragraph (b) for that appropriation. The secretary of administration shall then transfer the lapsed amounts and an amount equal to the amount subtracted from the estimates to the general fund.

SB44,1061,8 2. From each appropriation of segregated federal revenues, the secretary of administration shall determine the amount that is transferred to the general fund.

SB44,1061,24 (10) Transitional funding of housing operations. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, and notwithstanding the requirement under section 20.001 (3) (b) of the statutes that biennial appropriations are expendable only up to the total amount shown in the schedule for both years and only for the biennium for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual and biennial appropriations to the department of administration under section 20.505 (7) of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that, for the annual appropriations, the department of administration may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each such appropriation and, for the biennial appropriations, the department of administration may not expend or encumber more than one-twelfth of the amounts shown in the schedule for the 2002-03 fiscal year from each such appropriation.

SB44, s. 9102 Section 9102. Nonstatutory provisions; adolescent pregnancy prevention and pregnancy services board.

SB44, s. 9103 Section 9103. Nonstatutory provisions; aging and long-term care board.

SB44, s. 9104 Section 9104. Nonstatutory provisions; agriculture, trade and consumer protection.

SB44,1062,4 (1) Transfer of consumer protection functions.

SB44,1062,13 (a) Assets and liabilities. All assets and liabilities of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall become the assets and liabilities of the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly determine these assets and liabilities and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement.

SB44,1062,21 (b) Employee transfers. The departments of justice and agriculture, trade and consumer protection shall jointly determine which positions that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act shall be transferred to the department of justice. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The positions determined to be transferred under this paragraph, and the incumbent employees in those positions, shall be transferred to the department of justice.

SB44,1063,6 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of justice that they enjoyed in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB44,1063,15 (d) Supplies and equipment. All tangible personal property, including records, of the department of agriculture, trade and consumer protection that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify the tangible personal property, including records, and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement.

SB44,1063,22 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a consumer protection program or function that is being transferred to the department of justice under this act is being transferred to the department of justice. All materials submitted to or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the department of justice.

SB44,1064,10 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or by the department of justice that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act, and that are in effect on the effective date of this paragraph, remain in effect and those contracts entered into by the department of agriculture, trade and consumer protection are transferred to the department of justice. The departments of justice and agriculture, trade and consumer protection shall jointly identify these contracts and shall jointly develop and implement a plan for their orderly transfer. In the event of any disagreement between the departments, the secretary of administration shall resolve the disagreement. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.

SB44,1064,21 (g) Rules and orders. All rules promulgated by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice. All orders issued by the department of agriculture, trade and consumer protection that are in effect on the effective date of this paragraph and that are primarily related to consumer protection programs or functions that are being transferred to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.

SB44,1066,2 (2) Name change. Wherever "agriculture, trade and consumer protection" appears in the following sections of the statutes, as affected by this act, "agriculture, trade, and rural resources" is substituted: 15.05 (1) (d), 15.07 (5) (d), 15.105 (12) (a) 1. and (16) (b) 1., 15.107 (16) (b) 2., 15.13, 15.135 (4) (am) and (b) 1., 15.137 (1) (a) (intro.) and (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1., 15.347 (13) (b) 3. and (18) (b) 3., 15.405 (5g), 15.445 (2) (e) and (4) (a) 6., 15.915 (1) (b) 1. and (2) (a), 16.023 (1) (g) (intro.), 16.045 (3), 16.967 (6), 20.115 (intro.), 20.866 (2) (we) and (wf), 20.923 (4) (f) 2., 23.235 (3m), 25.463, 26.30 (2) and (5), 26.36, 27.019 (3) and (12), 29.424 (2) (b), 29.705 (4) (b), 29.875 (2), 30.12 (4m) (a) and (b), 30.20 (1) (d), 30.46 (1) (a) and (2), 31.02 (7m), 32.035 (1) (a), 36.25 (7) and (11) (c), 36.58 (2) (a) 3. and (c), (3) (b), and (5), 41.41 (4) (c) and (5) (e), 42.10, 59.70 (17) (a), 61.72, 66.0217 (9) (b), 66.0307 (4) (a) 1., 66.0417 (1), 69.66, 84.01 (17), 86.19 (1m), 88.11 (1) (intro.), (1m), (3) (intro.), (4), (5) (intro.), (6), and (7), 88.13, 88.15, 88.19 (4) (a) (intro.) and (d), 88.21 (5), 88.24 (intro.), 88.32 (3m), 88.35 (7), 88.77 (2), 91.01 (3), 92.03 (3), 92.14 (6) (d) and (m) and (14m), 92.15 (3), chapter 93 (title), 93.01 (3) and (15), 93.09 (6), 93.135 (2), 93.20 (1), 93.75 (3m) (b), (c), and (d), 94.72 (1) (d), 94.73 (2m) (b), (c), and (e), (4) (b), and (9), 95.22 (1) and (3), 95.45 (4) (b), 95.55 (5) (a) and (c), 97.01 (4), 97.24 (3), 97.41 (1m), 98.04, 101.58 (2) (i), 101.586, 126.01 (8), 134.71 (12), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and (5), 160.01 (7), 165.065 (2), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.06 (1) (d) 1., 169.11 (1) (a) (intro.), 169.38 (title), 169.42 (1) (i), 173.01 (1), 174.001 (2), 174.11 (1) and (2), 182.01 (6), 196.857 (1g) (e), 227.14 (1s), 230.08 (2) (e) 2., 234.02 (1), 235.02 (2) (c), 235.04 (6), 254.02 (3) (a), 254.51 (2), 254.52 (2) (intro.), 254.58, 254.64 (1) (d), 254.69 (2) (am), 281.16 (3) (a) (intro.), (b), (c), and (e), 281.20 (1) (a) and (3) (c) and (d) 3., 281.65 (3) (f), (3m) (a) 1. and (b) 1., (4) (as), (dr), (e), (g) (intro.), 2., and 4., (i), (L), (o), (p), and (pm), (4c) (am) 2., (4m) (c) and (d), (5) (intro.), (5m), (7) (a) 2., (11), and (12), 281.67, 281.695 (5), 281.75 (1) (e) 1., 287.11 (2s) (a) and (b), 292.11 (2) (d) and (9) (d) 1. d., 292.33 (6), 299.11 (2) and (5) (a), 348.01 (2) (am), 348.15 (5) (intro.), 348.17 (4) (a) and (b) (intro.), 348.27 (11m) (a), 440.92 (7), 560.03 (1) and (18), 560.07 (6), 560.17 (7) (am), 560.92 (1), 562.02 (2) (fm), 710.02 (4) (a) (intro.), 823.08 (3) (c) 1., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).

SB44,1066,9 (3) Membership of the board of agriculture, trade and consumer protection. Notwithstanding section 15.13 of the statutes, as affected by this act, any member of the board of agriculture, trade and consumer protection who is serving on the board of agriculture, trade and consumer protection as a consumer representative on the day before the effective date of this subsection shall be entitled to continue to serve as a member of the board under section 15.13 of the statutes, as affected by this act, until his or her successor is appointed and qualified.

SB44,1066,13 (4) Milk certification. The authorized FTE positions for the department of agriculture, trade and consumer protection are increased by 4.8 PR positions on the effective date of this subsection, to be funded from the appropriation under section 20.115 (1) (gb) of the statutes, for the purpose of performing milk certification.

SB44, s. 9105 Section 9105. Nonstatutory provisions; arts board.

SB44, s. 9106 Section 9106. Nonstatutory provisions; building commission.

SB44, s. 9107 Section 9107. Nonstatutory provisions; child abuse and neglect prevention board.

SB44, s. 9108 Section 9108. Nonstatutory provisions; circuit courts.

SB44, s. 9109 Section 9109. Nonstatutory provisions; commerce.

SB44, s. 9110 Section 9110. Nonstatutory provisions; corrections.

SB44,1067,2 (1) Report regarding temporary sentencing guidelines. No later than January 1, 2004, the sentencing commission shall analyze whether the temporary sentencing guidelines adopted by the criminal penalties study committee created under 1997 Wisconsin Act 283 are adequately promoting the objectives listed in section 973.30 (1) (c) of the statutes, as affected by this act, and submit a report to the governor, the legislature, and the supreme court explaining its conclusions.

SB44, s. 9111 Section 9111. Nonstatutory provisions; court of appeals.

SB44, s. 9112 Section 9112. Nonstatutory provisions; district attorneys.

SB44, s. 9113 Section 9113. Nonstatutory provisions; educational communications board.

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

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

SB44,1067,8 (1) Abolition of department of electronic government.

SB44,1067,12 (a) Assets and liabilities. Except as provided in Section 9215 (1 ) of this act, on the effective date of this paragraph, the assets and liabilities of the department of electronic government shall become assets and liabilities of the department of administration.

SB44,1067,13 (b) Positions and employees.

SB44,1067,18 1 . On the effective date of this subdivision, all full-time equivalent positions in the department of electronic government, except the positions occupied by the secretary, the deputy secretary, the executive assistant, and 2 division administrator positions determined by the secretary of administration, are transferred to the department of administration.

SB44,1067,21 2 . All incumbent employees holding positions that are transferred under subdivision 1. are transferred on the effective date of this subdivision to the department of administration.

SB44,1068,3 3. Employees transferred under subdivision 2 . have all of the rights and the same status under subch. V of ch. 111 and chapter 230 of the statutes in the department of administration that they enjoyed in the department of electronic government immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB44,1068,6 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of electronic government is transferred to the department of administration.

SB44,1068,12 (d) Contracts. All contracts entered into by the department of electronic government that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any contractual obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

SB44,1068,19 (e) Rules and orders. All rules promulgated by the department of electronic government that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the department of electronic government that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

SB44,1068,24 (f) Pending matters. Any matter pending with the department of electronic government on the effective date of this paragraph is transferred to the department of administration, and all materials submitted to or actions taken by the department of electronic government with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

SB44,1069,11 (2) Funding of operations and programs at the department of electronic government. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual appropriations to the department of electronic government under section 20.530 of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that the department of electronic government may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each appropriation.

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

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

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

SB44,1069,16 (1) Transfer of functions of the department of employment relations to the department of administration.

SB44,1069,19 (a) Assets and liabilities. On the effective date of this paragraph, all assets and liabilities of the department of employment relations shall become the assets and liabilities of the department of administration.

SB44,1069,22 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of employment relations is transferred to the department of administration.

SB44,1070,6 (c) Contracts. All contracts entered into by the department of employment relations that are in effect on the effective date of this paragraph remain in effect and are transferred to the department of administration. The department of administration shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of administration to the extent allowed under the contract.

SB44,1070,15 (d) Employee transfers and status. On the effective date of this paragraph, all incumbent employees holding classified positions in the department of employment relations are transferred to the department of administration. Employees transferred under this paragraph 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 employment relations immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class may be required to serve a probationary period.

SB44,1070,22 (e) Rules and orders. All rules promulgated by the department of employment relations that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration. All orders issued by the department of employment relations that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

SB44,1071,2 (f) Pending matters. Any matter pending with the department of employment relations on the effective date of this paragraph is transferred to the department of administration and all materials submitted to or actions taken by the department of employment relations with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

SB44,1071,13 (2) Funding of operations and programs at the department of employment relations. Notwithstanding the requirement under section 20.001 (3) (a) of the statutes that annual appropriations are expendable only up to the amount shown in the schedule and only for the fiscal year for which made, during the period that begins on the effective date of this subsection and ends on the 30th day after the effective date of this subsection, the annual appropriations to the department of employment relations under section 20.512 of the statutes provided for the 2002-03 fiscal year shall remain in effect until the 30th day after the effective date of this subsection, except that the department of employment relations may not expend or encumber more than one-twelfth of the amounts appropriated for the 2002-03 fiscal year from each appropriation.

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

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

SB44,1071,20 (1) Limited liability company annual reports. Notwithstanding section 183.0120 (3) of the statutes, as affected by this act, a domestic limited liability company in existence on the effective date of this subsection shall deliver its initial annual report under section 183.0120 of the statutes to the department of financial institutions during the first calendar quarter of 2004.

SB44,1071,21 (2) Review board transitional provisions.

SB44,1072,2 (a) Current members of savings bank review board and savings and loan review board. Notwithstanding section 15.07 (1) (c) of the statutes and section 15.185 (3) and (4), 2001 stats., the terms of office of all members of the savings bank review board and all members of the savings and loan review board terminate on the effective date of this paragraph.

SB44,1072,6 (b) Initial members of savings institutions review board. Notwithstanding section 15.185 (3) of the statutes, as affected by this act, the terms of office of the members initially appointed to the savings institutions review board terminate as follows:

SB44,1072,7 1. Two members, on May 1, 2007.

SB44,1072,8 2. Three members, on May 1, 2009.

SB44,1072,16 (c) Rules and orders. All rules promulgated by the division of savings institutions that are in effect on the effective date of this paragraph shall become rules of the division of banking and shall remain in effect until their specified expiration dates or until amended or repealed by the division of banking. All orders issued by the division of savings institutions that are in effect on the effective date of this paragraph shall become orders of the division of banking and shall remain in effect until their specified expiration dates or until modified or rescinded by the division of banking.

SB44,1072,21 (d) Contracts. All contracts entered into by the division of savings institutions in effect on the effective date of this paragraph remain in effect and are transferred to the division of banking. The division of banking shall carry out any obligations under such a contract until the contract expires or is modified or rescinded by the division of banking to the extent allowed under the contract.

SB44,1073,2 (e) Pending matters. Any matter pending with the division of savings institutions on the effective date of this paragraph is transferred to the division of banking and all materials submitted to or actions taken by the division of savings institutions with respect to the pending matter are considered as having been submitted to or taken by the division of banking.

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

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

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

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

SB44,1074,8 (1) Transfer of client assistance for reemployment and economic support system. No later than March 1, 2004, the department of health and family services and the department of workforce development shall submit a proposal to the secretary of administration for expenditure and position authority necessary to transfer, effective July 1, 2004, agreed upon administrative functions related to the client assistance for reemployment and economic support system from the department of workforce development to the department of health and family services. If the secretary of administration finds that the proposal would increase the costs of administering the client assistance for reemployment and economic support system, the secretary shall disapprove the plan, and the department of health and family services and the department of workforce development shall resubmit a proposal to the secretary of administration for consideration in the 2005-07 biennial budget bill. If the secretary of administration finds that the proposal would not increase the costs of administering the client assistance for reemployment and economic support system and approves the plan, the secretary shall submit the proposal to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after receiving the proposal that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the secretary of administration shall approve the proposed expenditure and position authority, as authorized under current law. If, within 14 working days after receiving the proposal the cochairpersons notify the secretary of administration that the cochairpersons have scheduled a meeting for the purpose of reviewing the proposal, the secretary of administration may not approve the proposed expenditure and position authority, except as approved by the committee and as authorized under current law.

SB44,1074,10 (2) Mental health and alcohol or other drug abuse managed care demonstration projects.

SB44,1074,17 (a) From the appropriation under section 20.435 (6) (jm) of the statutes, as affected by this act, the department of health and family services shall expend $362,100 in state fiscal year 2003-04 and $224,600 in state fiscal year 2004-05 to contract with counties to provide up to 6 demonstration projects. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency, or both mental illness and alcohol or other drug dependency.

SB44,1074,24 (b) The department of health and family services shall submit for approval by the secretary of the federal department of health and human services any requests for waiver of federal medical assistance laws that are necessary to secure federal financial participation for the managed care demonstration projects under this subsection. Regardless of whether a waiver is approved, the department of health and family services may contract for the provision of the managed care demonstration projects under this subsection.

SB44,1074,25 (3) Assessment of facility licensed beds; revised rules.

SB44,1075,4 (a) The department of health and family services shall submit in proposed form a revision of rules required under section 50.14 (5) (b) of the statutes to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 4th month beginning after the effective date of this paragraph.

SB44,1075,14 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate as emergency rules a revision of rules required under section 50.14 (5) (b) of the statutes for the period before the effective date of the revised rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health and family services is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

SB44,1075,23 (4) Medical Assistance managed care waiver request. By January 1, 2004, the department of health and family services shall request from the secretary of the federal department of health and human services, under 42 USC 1396n (c), any waivers of federal Medical Assistance Program laws necessary to authorize the department of health and family services to require that those recipients of Medical Assistance who are eligible for the Supplemental Security Income Program under 42 USC 1382 to 1383f enroll for services in managed care plans, including recipients who are in a geographic service region that contains no more than a single managed care organization as service provider.

SB44,1075,24 (5) Transfer of grade A dairy operations certification.

SB44,1076,5 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, shall become the assets and liabilities of the department of agriculture, trade and consumer protection.

SB44,1076,10 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of health and family services performing duties primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of agriculture, trade and consumer protection.

SB44,1076,17 (c) Employee status. Employees transferred under paragraph (b ) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of agriculture, trade and consumer protection that they enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

SB44,1076,22 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.

SB44,1077,5 (e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the certification of grade A dairy operations, as determined by the secretary of administration, remain in effect and are transferred to the department of agriculture, trade and consumer protection. The department of agriculture, trade and consumer protection shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of agriculture, trade and consumer protection to the extent allowed under the contract.

SB44,1077,12 (f) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph that is primarily related to the certification of grade A dairy operations is transferred to the department of agriculture, trade and consumer protection and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of agriculture, trade and consumer protection.

SB44,1077,16 (6) Milk certification. The authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (1) (a) of the statutes for the purpose of performing milk certification, are decreased by 4.8 GPR positions on the effective date of this subsection.

SB44,1077,24 (7) Feasibility of Family Care expansion; report. The secretary of health and family services shall assess the feasibility of expanding, under section 46.281 (1) (e) of the statutes, the Family Care Program to include 2 counties in addition to the counties or other entities participating in the program on the effective date of this subsection. By July 1, 2004, the secretary of health and family services shall report to the secretary of administration and the governor concerning the feasibility and whether the expansion should be included as part of the biennial budget bill for the 2005-07 fiscal biennium.

SB44,1078,2 (8) County department and local health department operating deficit reduction.

SB44,1078,9 (a) If an amendment to the state medical assistance plan that provides for a revised payment methodology for medical assistance services that are provided by a local government is approved by the federal center for medicare and medicaid services before July 1, 2005, no county department under section 46.215, 46.22, 46.23, or 51.42 of the statutes and no local health department, as defined in section 250.01 (4) of the statutes, may receive a distribution of an allocation under section 49.45 (6t) of the statutes, as affected by this act.

SB44,1078,14 (b) If paragraph (a ) applies, any county department or local health department that has received distribution of an allocation under section 49.45 (6t) of the statutes, as affected by this act, for any year after 2002 shall, upon demand by the department of health and family services, return to the department of health and family services all those moneys so distributed.

SB44,1078,15 (9) Advisory committee on human services and social services; report.

SB44,1078,20 (a) The secretary of health and family services shall, under section 15.04 (1) (c) of the statutes, appoint an advisory committee to develop recommendations concerning restructuring the system under which publicly administered human services and social services programs are funded. The advisory committee shall consist of all of the following: