SB44: Bill Text

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on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of administration.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on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.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:

SB44,1078,22 1. Consumers of human services and social services and family members of consumers.

SB44,1078,23 2. Human services and social services advocacy organizations.

SB44,1078,24 3. Representatives of county governments and associations.

SB44,1079,2 4. Representatives of human services and social services provider organizations.

SB44,1079,3 5. State residents.

SB44,1079,5 (b) The advisory committee under paragraph (a) shall consider all of the following goals in developing its recommendations:

SB44,1079,7 1. Achieving greater equity and consistency of human services and social services access across the state.

SB44,1079,9 2. Affirming a human services and social services system that is publicly administered at the local level.

SB44,1079,10 3. Fostering human services and social services consumer-directed care.

SB44,1079,12 4. Enhancing accountability for effective, efficient delivery of human services and social services within available resources.

SB44,1079,17 (c) By October 1, 2004, the secretary of health and family services shall submit to the appropriate standing committees of the legislature, in the manner provided under section 13.72 (3) of the statutes, and to the governor a report that specifies the considerations and recommendations of the advisory committee appointed under paragraph (a).

SB44, s. 9125 Section 9125. Nonstatutory provisions; higher educational aids board.

SB44,1079,19 (1) Transfer of duties to Board of Regents.

SB44,1079,22 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the higher educational aids board shall become the assets and liabilities of the Board of Regents of the University of Wisconsin System.

SB44,1079,23 (b) Positions and employees.

SB44,1080,4 1. The authorized FTE positions for the higher educational aids board, funded from the appropriation under section 20.235 (2) (aa), 2001 stats., are decreased by 2.0 GPR positions on the effective date of this subdivision for the purpose of eliminating that board.

SB44,1080,8 2. The authorized FTE positions for the higher educational aids board, funded from the appropriation under section 20.235 (2) (aa), 2001 stats., are decreased by 1.36 GPR positions on the effective date of this subdivision for the purpose of eliminating that board.

SB44,1080,12 3. The authorized FTE positions for the higher educational aids board, funded from the appropriation under section 20.235 (2) (qb), 2001 stats., are decreased by 0.64 SEG position on the effective date of this subdivision for the purpose of eliminating that board.

SB44,1080,15 4. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivision 2 . are transferred to the department of administration.

SB44,1080,18 5. On the effective date of this subdivision, all incumbent employees holding the positions specified in subdivisions 2 . and 3. are transferred to the Board of Regents of the University of Wisconsin System.

SB44,1080,25 (c) Employee status. Employees transferred under paragraph (b ) 4. and 5. 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 and the Board of Regents of the University of Wisconsin System that they enjoyed in the higher educational aids board immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no transferred employee who has attained permanent status in class is required to serve a probationary period.

SB44,1081,3 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the higher educational aids board is transferred to the Board of Regents of the University of Wisconsin System.

SB44,1081,9 (e) Contracts. All contracts entered into by the higher educational aids board in effect on the effective date of this paragraph remain in effect and are transferred to the Board of Regents of the University of Wisconsin System. The Board of Regents of the University of Wisconsin System shall carry out any such contractual obligations until modified or rescinded by that board to the extent allowed under the contract.

SB44,1081,16 (f) Rules and orders. All rules promulgated by the higher educational aids board 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 Board of Regents of the University of Wisconsin System. All orders issued by the higher educational aids board 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 Board of Regents of the University of Wisconsin System.

SB44,1081,22 (g) Pending matters. Any matter pending with the higher educational aids board on the effective date of this paragraph is transferred to the Board of Regents of the University of Wisconsin System and all materials submitted to or actions taken by the higher educational aids board with respect to the pending matter are considered as having been submitted to or taken by the Board of Regents of the University of Wisconsin System.

SB44, s. 9126 Section 9126. Nonstatutory provisions; historical society.

SB44, s. 9127 Section 9127. Nonstatutory provisions; Housing and Economic Development Authority.

SB44, s. 9128 Section 9128. Nonstatutory provisions; insurance.

SB44, s. 9129 Section 9129. Nonstatutory provisions; investment board.

SB44, s. 9130 Section 9130. Nonstatutory provisions; joint committee on finance.

SB44, s. 9131 Section 9131. Nonstatutory provisions; judicial commission.

SB44, s. 9132 Section 9132. Nonstatutory provisions; justice.

SB44,1082,6 (1) Transfer of county-tribal law enforcement grant program.

SB44,1082,7 (a) Positions and employees.

SB44,1082,11 1. On the effective date of this subdivision, all full-time equivalent positions in the department of justice having duties primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, are transferred to the office of justice assistance.

SB44,1082,13 2. All incumbent employees holding positions specified in subdivision 1. are transferred on the effective date of this subdivision to the office of justice assistance.

SB44,1082,19 3. Employees transferred under subdivision 2. have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the office of justice assistance that they enjoyed in the department of justice 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.

SB44,1082,24 (b) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of justice primarily related to the department's county-tribal law enforcement grant program, as determined by the secretary of administration, shall become the assets and liabilities of the office of justice assistance.