AB100: Bill Text

AB100, s. 2503 Section 2503. 2003 Wisconsin Act 318, section 14 is repealed.

AB100, s. 2504 Section 2504. 2003 Wisconsin Act 318, section 15 is repealed.

AB100, s. 2505 Section 2505. 2003 Wisconsin Act 318, section 17 is repealed.

AB100, s. 2506 Section 2506. 2003 Wisconsin Act 318, section 18 is repealed.

AB100, s. 2507 Section 2507. 2003 Wisconsin Act 318, section 20 is repealed.

AB100, s. 2508 Section 2508. 2003 Wisconsin Act 318, section 22 is repealed.

AB100, s. 2509 Section 2509. 2003 Wisconsin Act 318, section 25 (3) is renumbered 49.45 (6tw) of the statutes and amended to read:

AB100,1062,10 49.45 (6tw) Payments to city health departments. From the appropriation account under section s. 20.435 (7) (b) of the statutes, as affected by this act, in state fiscal year 2004-05, the department of health and family services may make payments to local health departments, as defined under s. 250.02 (4) (a) 3. of the statutes. Payment under this subsection to such a local health department may not exceed on an annualized basis payment made by the department of health and family services to the local health department under section s. 49.45 (6t) of the statutes, 2003 stats., for services provided by the local health department in 2002.

AB100, s. 2510 Section 2510. 2003 Wisconsin Act 318, section 27 is repealed.

AB100, s. 9101 Section 9101. Nonstatutory provisions; administration.

AB100,1062,19 (1) Prosecution of drug crimes; Milwaukee County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $154,000 in fiscal year 2005-06 and $154,000 in fiscal year 2006-07 to provide the multijurisdictional enforcement group serving Milwaukee County with funding for 1.5 assistant district attorney positions to prosecute criminal violations of chapter 961 of the statutes.

AB100,1063,2 (2) Prosecution of drug crimes; Dane County. From federal and program revenue moneys appropriated to the department of administration for the office of justice assistance under section 20.505 (6) (kp) and (p) of the statutes, the department of administration shall expend $50,100 in fiscal year 2005-06 and $50,100 in fiscal year 2006-07 to provide the multijurisdictional enforcement group serving Dane County with funding for 0.5 assistant district attorney position to prosecute criminal violations of chapter 961 of the statutes.

AB100,1063,8 (3) Forward Wisconsin, inc. Notwithstanding section 20.001 (3) (a) of the statutes, in the 2006-07 fiscal year Forward Wisconsin, Inc., may not spend $1,000,000 of the amount appropriated under section 20.143 (1) (bm) of the statutes, as affected by this act, unless the department of administration certifies that Forward Wisconsin, Inc., has raised at least $2,000,000 in private funds during the 2005-06 and 2006-07 fiscal years.

AB100,1063,9 (4) Sale of certain state property.

AB100,1063,12 (a) 1. No later than July 1, 2006, the secretary of administration shall review all holdings of state-owned real property for potential sale, except as provided in subdivision 2.

AB100,1063,15 2. Subdivision 1. does not apply to any property, facility, or institution the closure or sale of which is not authorized under section 16.848 of the statutes, as created by this act.

AB100,1063,24 (b) No later than October 1, 2006, the secretary of administration shall submit a report to the secretary of the building commission containing an inventory of his or her recommendations to offer specified state properties for sale under section 16.848 of the statutes, as created by this act, and the reasons therefor. A property may be included in the inventory with or without approval of the state agency having jurisdiction of the property. If, on or before June 30, 2007, the building commission votes to approve the sale of any property included in the inventory, the department of administration may offer the property for sale under section 16.848 of the statutes, as created by this act.

AB100,1063,25 (c) This subsection does not apply after June 30, 2007.

AB100,1064,5 (5) Health care quality and patient safety board; initial appointments. Notwithstanding the length of terms specified in section 15.105 (13) (b) of the statutes, as created by this act, the initial members of the health care quality and patient safety board shall be appointed by the first day of the 4th month beginning after the effective date of this subsection for the following terms:

AB100,1064,7 (a) The representative of hospitals, the employer purchaser of health care, and the representative of the insurance industry, for terms expiring on May 1, 2009.

AB100,1064,9 (b) The physician, the representative of health maintenance organizations, and the member who represents the public interest, for terms expiring on May 1, 2011.

AB100,1064,14 (6) Health care quality and patient safety board; study of physician information database. By March 1, 2006, the health care quality and patient safety board shall study and make recommendations to the governor concerning the feasibility of creating a centralized physician information database, including through a joint public and private effort.

AB100,1064,16 (7) Health care quality and patient safety board; study of rules. By October 1, 2006, the health care quality and patient safety board shall do all of the following:

AB100,1064,19 (a) Study and make recommendations to the governor concerning the rules required and authorized to be promulgated by the department of health and family services under section 153.75 of the statutes.

AB100,1064,22 (b) Promote the collection and availability of information regarding the quality and price of health care required to enable consumers and health care purchasers to make wise health care choices.

AB100,1065,2 (c) Foster the creation and evolution of public-private health care partnerships, agreements on standard health care data sets and reporting protocols, and transparency of health care information for purchasing purposes, including the development of an integrated health care data repository.

AB100,1065,15 (8) Health care quality and patient safety board; plan and strategies. By January 1, 2007, develop a plan and specific strategies, including awarding grants or making loans under section 153.076 (2) of the statutes, as created by this act, to deploy health care information systems technology for health care quality, safety, and efficiency, within a reasonable time and using reasonable financial investments. The plan shall consider the extent to which an integrated or interoperable system or underlying technology may be most cost effective, including by assessing benefits of the system for supporting rapid deployment for supporting medical care practitioners, promoting accurate and appropriate shared information about individual patients among health care providers, standardizing performance indicators among health care provider organizations to improve organization performance, and public reporting of quality, safety, and efficiency data for consumer and health care purchaser decision making.

AB100,1065,24 (9) Report regarding alternative dispositions for non-violent offenders. The sentencing commission shall review sentences imposed on individuals who are convicted of nonviolent offenses, other than crimes under section 23.33 (4c), 30.681, 346.63, or 350.101 of the statutes or, if the offense involved the use of a vehicle, under section 940.09 or 940.25 of the statutes, and develop recommendations for alternative dispositions for those individuals that may be used by courts at or before sentencing. By December 31, 2005, the sentencing commission shall submit its recommendations in a report to the legislature in the manner provided under section 13.172 (2) of the statutes.

AB100, s. 9102 Section 9102. Nonstatutory provisions; aging and long-term care board.

AB100, s. 9103 Section 9103. Nonstatutory provisions; agriculture, trade and consumer protection.

AB100,1066,3 (1) Transfer of consumer protection functions.

AB100,1066,12 (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.

AB100,1066,20 (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 a 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.

AB100,1067,3 (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.

AB100,1067,12 (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 a disagreement between the departments, the secretary of administration shall resolve the disagreement.

AB100,1067,19 (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.

AB100,1068,7 (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.

AB100,1068,18 (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.

AB100,1069,25 (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., 15.135 (1) (a) (intro.) and (b) and (4) (am) and (b) 1., 15.137 (b) and (5) (intro.), (a), and (b) 1., 15.155 (4) (a) 1. and (5), 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), 16.9675 (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 (1m) (a) and (b), 30.20 (1g) (c), 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 (1), (2), and (3), 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) (a) and (b), chapter 93 (title), 93.01 (3) and (15), 93.09 (6), 93.135 (2), 93.75 (3m) (b), (c), and (d), 93.90 (5) (c), 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 (1) and (2), 101.175 (3) (intro.), 101.58 (2) (i), 101.586, 126.01 (8), 126.72 (2), 146.60 (1) (c), (2) (b), (3) (c) 1. and 2., and (5), 160.01 (7), 169.01 (7) and (35) (a), 169.03, 169.04 (2) (d) and (3) (a), 169.04 (5m) (a) 3., 6., and 7., 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) (a), 182.01 (6), 196.857 (1g) (e), 227.137 (1), 227.14 (1s), 230.08 (2) (e) 2., 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) (intro.), 1., and 2. 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) (title), (a), and (b), 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), 704.90 (11) (a), 710.02 (4) (a) (intro.), 823.08 (3) (c) 1., 885.01 (4), 895.57 (3), 943.75 (3), and 943.76 (3) (c).

AB100,1070,7 (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.

AB100, s. 9104 Section 9104. Nonstatutory provisions; arts board.

AB100, s. 9105 Section 9105. Nonstatutory provisions; building commission.

AB100, s. 9106 Section 9106. Nonstatutory provisions; child abuse and neglect prevention board.

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

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

AB100,1070,16 (1) Real estate trust accounts. All rules promulgated under section 452.13 of the statutes by the department of administration that are in effect on the effective date of this subsection remain in effect until their specified expiration date or until amended or repealed by the department of commerce.

AB100,1070,19 (2) Rural economic development study. The department of commerce and the department of revenue shall jointly study the status of and the alternatives for regional economic development in rural areas.

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

AB100,1070,21 (1) Community Intervention Program transfer.

AB100,1071,2 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

AB100,1071,7 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of corrections that is primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB100,1071,14 (c) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, is transferred to the department of administration and all materials submitted to or actions taken by the department of corrections with respect to the pending matter are considered as having been submitted to or taken by the department of administration.

AB100,1071,21 (d) Contracts. All contracts entered into by the department of corrections in effect on the effective date of this paragraph that are primarily related to the Community Intervention Program under section 301.263, 2003 stats., as determined by the secretary of administration, 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.

AB100,1072,5 (e) Rules and orders. All rules promulgated by the department of corrections in effect on the effective date of this paragraph that are primarily related to the Community Intervention Program under section 301.263, 2003 stats., remain in effect until their specified expiration date or until amended or repealed by the department of administration. All orders issued by the department of corrections in effect on the effective date of this paragraph that are primarily related to the Community Intervention Program under section 301.263, 2003 stats., remain in effect until their specified expiration date or until modified or rescinded by the department of administration.

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

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

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

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

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

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

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

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

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

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

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

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

AB100,1073,2 (1) Relative guardianships. Notwithstanding section 48.977 (2) (a), 2003 stats., a petition under section 48.977 (4) of the statutes, as affected by this act, may be filed for the appointment of a relative as the guardian of the person of a child who has been placed, or continued in a placement, outside of his or her home for less than one year on the effective date of this subsection.

AB100,1073,3 (2) Transfer of sanitarian registration.

AB100,1073,7 (a) Registered sanitarians. All persons who were registered as sanitarians under section 250.05 of the statutes, as affected by this act, immediately before the effective date of this paragraph are registered under section 440.70 of the statutes, as affected by this act.

AB100,1073,15 (b) Rules and orders. All rules of the department of health and family services regulating registration of sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of regulation and licensing. All orders of the department of health and family services regulating registered sanitarians that are in effect before the effective date of this paragraph remain in effect until their specified expiration date or until modified or rescinded by the department of regulation and licensing.

AB100,1073,19 (c) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, shall become the assets and liabilities of the department of regulation and licensing.

AB100,1073,23 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services relating to the registration of sanitarians, as determined by the secretary of administration, is transferred to the department of regulation and licensing.

AB100,1074,4 (e) Contracts. All contracts entered into by the department of health and family services relating to the registration of sanitarians in effect on the effective date of this paragraph remain in effect and are transferred to the department of regulation and licensing. The department of regulation and licensing shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of regulation and licensing to the extent allowed under the contract.

AB100,1074,10 (f) Pending matters. Any matter pending with the department of health and family services relating to the regulation of sanitarians on the effective date of this paragraph is transferred to the department of regulation and licensing and all materials submitted to or actions taken by the department of health and family services with respect to the pending matter are considered as having been submitted to or taken by the department of regulation and licensing.

AB100,1074,11 (3) Transfer of day care center licensing.

AB100,1074,15 (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 licensing of day care centers, as determined by the secretary of administration, shall become the assets and liabilities of the department of workforce development.

AB100,1074,20 (b) Employee transfers. All positions and all incumbent employees holding those positions in the department of health and family services primarily related to the licensing of day care centers, as determined by the secretary of administration, are transferred on the effective date of this paragraph to the department of workforce development.

AB100,1075,2 (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 workforce development 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.

AB100,1075,9 (d) 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 licensing of day care centers, as determined by the secretary of administration, remain in effect and are transferred to the department of workforce development. The department of workforce development shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of workforce development to the extent allowed under the contract.

AB100,1075,18 (e) Rules and orders. All rules promulgated by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the licensing of day care centers remain in effect until their specified expiration dates or until amended or repealed by the department of workforce development. All orders issued by the department of health and family services that are in effect on the effective date of this paragraph and that are primarily related to the licensing of day care centers remain in effect until their specified expiration dates or until modified or rescinded by the department of workforce development.

AB100,1075,24 (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 licensing of day care centers is transferred to the department of workforce development 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 workforce development.

AB100,1076,3 (4) Medical Assistance and Community Aids Program funding and payments. The repeal of 2003 Wisconsin Act 318, sections 15, 18, 20, 22, and 27, by this act applies notwithstanding section 990.03 of the statutes.

AB100,1076,4 (5) Transfer of mental health services for homeless individuals.

AB100,1076,9 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services primarily related to mental health services for homeless individuals under section 46.972 (3) of the statutes, as affected by this act, as determined by the secretary of administration, shall become the assets and liabilities of the department of commerce.

AB100,1076,10 (b) Position transfer.

AB100,1076,15 1. On the effective date of this subdivision, the authorized FTE positions for the department of health and family services, funded from the appropriation under section 20.435 (6) (m) of the statutes, are decreased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.

AB100,1076,20 2. On the effective date of this subdivision, the authorized FTE positions for the department of commerce, funded from the appropriation under section 20.143 (2) (m) of the statutes, are increased by 1.0 PR-F position having responsibility for a program to provide mental health services to homeless individuals with chronic mental illness.

AB100,1076,22 3. On the effective date of this subdivision, the incumbent employee holding the position specified in subdivision 1 . is transferred to the department of commerce.

AB100,1077,3 (c) Employee status. The employee transferred under paragraph (b ) 3. shall have all the same rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of commerce that he or she enjoyed in the department of health and family services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.