OC7 SB1: Bill Text

SB1, s. 9109 Section 9109. Nonstatutory provisions; Corrections.

SB1,1537,13 (1) Youth diversion program transfer.

SB1,1537,18 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of corrections that are primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of administration.

SB1,1537,23 (b) Positions and employees. On the effective date of this paragraph, all positions and all incumbent employees holding those positions in the department of corrections performing duties that are primarily related to the youth division from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, are transferred to the department of administration.

SB1,1538,4 (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, as affected by this act, in the department of administration that they enjoyed in the department of corrections 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.

SB1,1538,9 (d) 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 youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, is transferred to the department of administration.

SB1,1538,16 (e) Pending matters. Any matter pending with the department of corrections on the effective date of this paragraph that is primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., as determined by the secretary of administration, is transferred to the department of administration. 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.

SB1,1538,23 (f) 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 youth diversion from gang activities program under section 301.265, 2005 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 those contracts unless modified or rescinded by the department of administration to the extent allowed under the contract.

SB1,1539,7 (g) 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 youth diversion from gang activities program under section 301.265, 2005 stats., 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 corrections in effect on the effective date of this paragraph that are primarily related to the youth diversion from gang activities program under section 301.265, 2005 stats., remain in effect until their specified expiration dates or until modified or rescinded by the department of administration.

SB1,1539,13 (1f) Effects of adult criminal jurisdiction on 17-year-olds. By March 31, 2008, the department of corrections shall submit to the legislative audit bureau a response to the 2007 legislative audit bureau report regarding the effects of adult criminal jurisdiction on 17-year-olds. The legislative audit bureau shall file a copy of the response under this subsection with the distributees specified in section 13.94 (1) (b) of the statutes.

SB1,1539,18 (2) Funding for certain community reintegration services. From the appropriation under section 20.410 (1) (d) of the statutes, the department of corrections shall provide $500,000 during the 2007-08 fiscal year and $500,000 during the 2008-09 fiscal year to New Hope Project, Inc., for transitional employment services.

SB1,1539,25 (2k) Treatment Alternatives and Diversion Program . By May 1, 2008, the department of corrections shall submit a report to the joint committee on finance on the impact of the program administered under s. 16.964 (12) of the statutes on the department of correction's 2009-11 biennial budget. The department of corrections shall evaluate the impact of increased community treatment and diversion programs for nonviolent offenders on the department's institutional and community corrections population, and on the department's costs of operation.

SB1,1540,5 (3j) Report on overcrowding in the Prairie du Chien Correctional Institution. The department of corrections shall evaluate the current capacity and usage of the segregation unit at the Prairie du Chien Correctional Institution and shall, by July 1, 2008, submit a report to the joint committee on finance that includes its findings and addresses the issue of overcrowding in the segregation unit.

SB1, s. 9110 Section 9110. Nonstatutory provisions; Court of Appeals.

SB1, s. 9111 Section 9111. Nonstatutory provisions; District Attorneys.

SB1,1540,16 (1L) Prosecution of drug crimes; Milwaukee County. From the appropriation account under section 20.505 (6) (p) of the statutes, the department of administration, and from the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice, shall expend $143,000 in fiscal year 2007-08 and $157,600 in fiscal year 2008-09 to provide the multijurisdictional enforcement group serving Milwaukee County with funding for 2.0 assistant district attorney positions to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.

SB1,1540,25 (2L) Prosecution of drug crimes; Dane County. From the appropriation account under section 20.505 (6) (p) of the statutes, the department of administration, and from the appropriation account under section 20.455 (2) (kp) of the statutes, the department of justice, shall expend $60,000 in fiscal year 2007-08 and $65,900 in fiscal year 2008-09 to provide the multijurisdictional enforcement group serving Dane County with funding for 0.75 assistant district attorney position to prosecute criminal violations of chapter 961 of the statutes. The department of administration shall determine the amounts to be expended from each appropriation account for each fiscal year.

SB1,1541,6 (3L) Prosecution of drug crimes; St. Croix County. From the appropriation account under section 20.455 (2) (kp) of the statutes the department of justice shall expend $84,500 in fiscal year 2007-08 and $94,600 in fiscal year 2008-09 to provide the multijurisdictional enforcement group serving St. Croix County with funding for 1.0 assistant district attorney position to prosecute criminal violations of chapter 961 of the statutes.

SB1, s. 9112 Section 9112. Nonstatutory provisions; Educational Communications Board.

SB1, s. 9114 Section 9114. Nonstatutory provisions; Employee Trust Funds.

SB1,1541,9 (1c) Reengineering information technology systems.

SB1,1541,14 (a) The department of employee trust funds shall provide to the joint committee on finance copies of all materials submitted to the department of administration that relate to the release of moneys from unallotted reserve, during the 2007-09 fiscal biennium, for reengineering information technology systems of the department of employee trust funds.

SB1,1541,18 (b) The joint committee on finance may supplement, from the appropriation under section 20.865 (4) (u) of the statutes, the appropriation under section 20.515 (1) (t) of the statutes for the purpose of implementing a redesigned lump-sum payment system if all of the following occur:

SB1,1541,24 1. The department of employee trust funds submits a report to the joint committee on finance on its plan to implement the redesigned lump-sum payment system. The report shall specify how the plan conforms to information technology projects planning and monitoring standards developed by the department of administration and submitted to the joint legislative audit committee in response to legislative audit bureau report 07-5, entitled "Information Technology Projects."

SB1,1542,3 2. The department of employee trust funds submits a request to the joint committee on finance to supplement the appropriation under section 20.515 (1) (t) of the statutes for implementation of a redesigned lump-sum payment system.

SB1,1542,11 3. The cochairpersons of the joint committee on finance do not notify the department of employee trust funds that the committee has scheduled a meeting for the purpose of reviewing the request within 14 working days after the date of the receipt of the request. If, within 14 working days after the date of the receipt of the request, however, the cochairpersons of the committee notify the department of employee trust funds that the committee has scheduled a meeting for the purpose of reviewing the proposed supplement, the supplement may occur only upon approval of the committee.

SB1,1542,15 (c) During the 2007-09 fiscal biennium, the department of employee trust funds shall submit a report to the joint committee on finance on its plan for implementing an integrated health insurance enrollment, eligibility, and processing system. The report shall specify all of the following:

SB1,1542,17 1. The costs for each fiscal year in which implementation work is to be performed, including specifically potential costs for the 2009-11 fiscal biennium.

SB1,1542,21 2. How the implementation plan conforms to information technology projects planning and monitoring standards developed by the department of administration and submitted to the joint legislative audit committee in response to legislative audit bureau report 07-5, entitled "Information Technology Projects."

SB1,1543,2 3. How the internal resources of the department of employee trust funds will be used in the implementation work of the integrated health insurance enrollment, eligibility, and processing system and in the implementation work associated with the lump-sum payment system to ensure timely and successful completion of both projects.

SB1,1543,9 (2w) Payment of health insurance premiums for employees of the Health Insurance Risk-Sharing Plan Authority. Notwithstanding section 40.05 (4) (a) 2. of the statutes, as affected by this act, for an insured employee, as defined in section 40.02 (39) of the statutes, who is employed by the Health Insurance Risk-Sharing Plan Authority on the effective date of this subsection, the employer shall pay required employer contributions toward the health insurance premium beginning on the date on which the employee becomes insured.

SB1, s. 9115 Section 9115. Nonstatutory provisions; Employment Relations Commission.

SB1, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

SB1, s. 9118 Section 9118. Nonstatutory provisions; Fox River Navigational System Authority.

SB1, s. 9118m Section 9118m.0 Nonstatutory provisions; Government Accountability Board.

SB1,1543,18 (1k) Reports on proposed per diem payments. The government accountability board shall report to the cochairpersons of the joint committee on finance in fiscal year 2007-08 and in fiscal year 2008-09 concerning the need for funding of the board's proposed per diem payments to board members and to the chairperson of the board or the chairperson's designee in that fiscal year.

SB1,1544,14 (1u) Use of appropriations to government accountability board; deposit and crediting of revenues. Notwithstanding section 20.511 of the statutes, as affected by this act, if the elections board and the ethics board remain constituted and vested with authority on the effective date of this subsection, the elections board and the ethics board may, for so long as the boards remain so constituted and vested, encumber or expend moneys from any appropriation made to the government accountability board for the 2007-09 fiscal biennium, consistently with the purposes of that appropriation. The elections board and the ethics board, for so long as the boards remain constituted and vested with authority, shall deposit into the appropriate fund or credit to the appropriate appropriation account for any appropriation made to the government accountability board all revenues received by the respective boards, consistently with the purposes for which those revenues are directed by law to be deposited or credited by the government accountability board. However, neither board may encumber or expend moneys under this subsection in an amount greater than the amount that would be authorized for a state agency under section 20.002 (1) of the statutes, as determined by the department of administration, during a fiscal year for which the biennial budget has not been enacted at the time that an encumbrance or expenditure is made.

SB1, s. 9119 Section 9119. Nonstatutory provisions; Governor.

SB1, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

SB1, s. 9121 Section 9121. Nonstatutory provisions; Health and Family Services.

SB1,1544,24 (1) Bed assessment for intermediate care facilities for the mentally retarded. Notwithstanding section 50.14 (2m) of the statutes, as created by this act, the department of health and family services is not required to calculate the amount of the bed assessment for intermediate care facilities for the mentally retarded under section 50.14 (2) (bm) of the statutes, as created by this act, for state fiscal year 2007-08 until October 1, 2007, or the first day of the 3rd month beginning after the effective date of this subsection, whichever is later.

SB1,1545,6 (1t) Indian child high-cost out-of-home care placement funding. From the appropriation account under section 20.435 (3) (kz) of the statutes, in fiscal year 2007-08 the department of health and family services may expend not more than $500,000 in moneys transferred from the appropriation account under section 20.505 (8) (hm) 21. of the statutes, as created by this act, for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts.

SB1,1545,7 (5) Transfer to the department of children and families.

SB1,1545,16 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of children and families.

SB1,1545,17 (b) Employee transfers.

SB1,1546,2 1. The classified positions, and incumbent employees holding positions, in the department of health and family services relating primarily to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, are transferred to the department of children and families.

SB1,1546,22 2. The classified positions, and incumbent employees holding positions, in the department of health and family services relating primarily to general administration and program support that the secretary of administration determines should be transferred to the department of children and families are transferred to that department. Upon determination of these employees, the secretary of health and family services shall, by January 1, 2008, and in conjunction with the secretary of workforce development, submit a plan to the secretary of administration requesting the transfer of moneys between the general purpose revenue appropriations for the departments of health and family services and workforce development and the department of children and families, between the program revenue appropriations for the departments of health and family services and workforce development and the department of children and families, between the program revenue-service appropriations for the departments of health and family services and workforce development and the department of children and families, between the appropriations of given segregated funds for the departments of health and family services and workforce development and the department of children and families, and between the federal revenue appropriations for the departments of health and family services and workforce development and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel.

SB1,1547,4 (c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes, as affected by this act, in the department of children and families 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.

SB1,1547,13 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health and family services that is primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, shall be transferred to the department of children and families.

SB1,1547,24 (e) Contracts. All contracts entered into by the department of health and family services in effect on the effective date of this paragraph that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any such contractual obligations unless modified or rescinded by the department of children and families to the extent allowed under the contract.

SB1,1548,11 (em) Pending matters. Any matter pending with the department of health and family services on the effective date of this paragraph that is primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, is transferred to the department of children and families 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 children and families.

SB1,1549,4 (f) Rules and orders. All rules promulgated by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of health and family services that are primarily related to the functions of the division of children and family services in that department, to the child abuse and neglect prevention program under section 46.515, 2005 stats., to the food distribution and hunger prevention programs under section 46.75, 2005 stats., section 46.76, 2005 stats., and section 46.77, 2005 stats., and to the state supplemental food program under section 253.06, 2005 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

SB1,1549,5 (6) Agency name change.

SB1,1549,7 (a) Wherever the term "health and family services" appears in the statutes, as affected by the acts of 2007, the term "health services" is substituted.

SB1,1549,13 (b) Beginning on July 1, 2008, the department of health services has the powers and duties granted or assigned the department of health and family services by Sections 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect. Beginning on July 1, 2008, the secretary of health services has the powers and duties granted or assigned the secretary of health and family services by Sections 9101 to 9155 of this act that do not terminate before paragraph (a) takes effect.

SB1,1549,14 (6d) Reducing fetal and infant mortality and morbidity.

SB1,1549,15 (a) In this subsection, "infant" means a child from birth to 12 months of age.

SB1,1549,20 (b) In a county with a population of at least 190,000 but less than 230,000, from the appropriation under section 20.435 (5) (eu) of the statues, as created by this act, the department of health and family services shall distribute $250,000 in each of state fiscal years 2007-08 and 2008-09 to the city health department to provide a program of services to reduce fetal and infant mortality and morbidity.

SB1,1550,2 (c) Notwithstanding section 251.08 of the statutes, in implementing the program under paragraph (b), the city health department shall, directly or by contract, do all of the following in or on behalf of areas of the county that are encompassed by the zip codes 53402 to 53406 and that are at risk for high fetal and infant mortality and morbidity, as determined by the department of health and family services:

SB1,1550,7 1. Collaborate with faculty in the health disciplines of an academic institution and with a hospital that serves significant populations at high risk for poor birth outcomes, including low birth weights, prematurity, and gestational diabetes, to identify and implement best practices and evidence-based practices to reduce fetal and infant mortality and morbidity.

SB1,1550,11 2. Identify necessary preconception, prenatal, and postnatal services and assess the availability of these services for women in the areas who lack insurance coverage or who are recipients of the Medical Assistance program or the Badger Care health care program.

SB1,1550,17 3. Develop and implement models of care for all women in the areas who meet risk criteria, as specified by the department of health and family services, and provide comprehensive prenatal and postnatal care coordination and other services, including home visits, by registered nurses who are public health nurses or who meet the qualifications of public health nurses, as specified in section 250.06 (1) of the statutes, or by social workers, as defined in section 252.15 (1) (er) of the statutes.

SB1,1550,21 4. Conduct social marketing, including outreach, assuring health care access, public awareness programs, community health education programs, and other best practices and evidence-based practices, to reduce fetal and infant mortality and morbidity.

SB1,1550,23 5. Evaluate the quality and effectiveness of the services provided under subdivisions 3. and 4.

SB1,1551,4 (d) In 2008 and 2009, the city health department shall prepare a report on fetal and infant mortality and morbidity in areas of the county that are encompassed by the zip codes 53402 to 53406. The report shall be derived, at least in part, from a multidisciplinary review of all fetal and infant deaths in the relevant year and shall specify causation found for the mortality and morbidity. The city health department shall submit the report to all of the following:

SB1,1551,5 1. The city of Racine.

SB1,1551,6 2. The department of health and family services.

SB1,1551,8 3. The legislature, in the manner provided under section 13.172 (3) of the statutes.

SB1,1551,9 4. The governor.

SB1,1551,10 (7j) Medical assistance pharmacy dispensing fee.

SB1,1551,13 (a) In this subsection, "public assistance programs" means medical assistance, as defined in section 49.43 (8) of the statutes, and the programs under sections 49.665 and 49.688 of the statutes, as affected by this act.

SB1,1551,20 (b) The department of health and family services shall determine the amount by which reimbursement to pharmacies for multisource generic drug products under public assistance programs will be reduced as a result of implementation of average manufacturing price reimbursement standards in accordance with the federal Deficit Reduction Act of 2005, and shall determine the amount by which the pharmacy dispensing fee under public assistance programs must be increased to compensate for that reduction in reimbursement.

SB1,1552,2 (c) The department of health and family services shall submit to the U.S. department of health and human services an amendment to the state plan for medical assistance that authorizes the department of health and family services to increase the pharmacy dispensing fee under public assistance programs by the amount determined under paragraph (b), and, if the U.S. department of health and human services approves the amendment, shall increase the dispensing fee upon approval.

SB1,1552,7 (7k) Report on food stamp employment and training program participation. The department of health and family services shall submit to the joint committee on finance, no later than January 1, 2009, a report that compares participation in the food stamp employment and training program after participation becomes voluntary with participation in the program before participation became voluntary.

SB1,1552,15 (7L) Smoking cessation program. The department of health and family services shall create, and, by the first day of the 7th month beginning after the effective date of this subsection, implement an incentive-based smoking cessation program for medical assistance recipients. The program shall incorporate elements of existing smoking cessation programs administered by the state. The emphasis of the program shall be to have medical assistance recipients stop smoking as soon as possible. The department of health and family services may enter into an agreement with another person to create or administer the program.

SB1,1552,16 (7p) Report on purchase of drugs for hiv/aids.

SB1,1552,19 (a) The department of health and family services shall determine the feasibility of modifying the pilot program under section 49.686 (6) of the statutes, as created by this act, in the following manner:

SB1,1552,23 1. The cost of drugs for individuals in the pilot program and for which reimbursement may be provided under section 49.686 (2) of the statutes would continue to be paid for under the program under section 49.686 (1) to (5) of the statutes.

SB1,1553,3 2. The Health Insurance Risk-Sharing Plan would reimburse the program under section 49.686 (1) to (5) of the statutes for the drug costs paid by that program under subdivision 1.

SB1,1553,5 (b) No later than January 1, 2008, the department shall submit a report with its conclusions to the Joint Committee on Finance.

SB1,1553,12 (8k) Dental access funding. From the net savings projected to result from the implementation of the BadgerCare Plus program under section 49.471 of the statutes, as created by this act, the department of health and family services shall provide $200,000 in fiscal year 2007-08 to the Peter Christensen Health Center and $200,000 in fiscal year 2007-08 to the Lake Superior Community Health Center to increase access to dental services under the related initiatives that are to be funded from those projected net savings.

SB1,1553,17 (8x) Clinic grant for dental services. From the appropriation under section 20.435 (5) (dm) of the statutes, as affected by this act, the department of health and family services shall provide $17,500 in fiscal year 2007-08 and $17,500 in fiscal year 2008-09 to the Community Connections Free Clinic in Dodgeville to provide dental services to low-income residents of Iowa County and surrounding areas.

SB1,1553,22 (9f) State centers for the developmentally disabled. The authorized FTE positions for the department of health and family services are increased by 6.64 PR positions on July 1, 2007, to be funded from the appropriation account under section 20.435 (2) (gk) of the statutes, for the purpose of performing services at the state centers for the developmentally disabled.

SB1,1554,2 (9g) Hospital assessment report. By December 31, 2008, and December 31, 2009, and December 31, 2010, the department of health and family services shall report to the joint committee on finance of the legislature all of the following information for the immediately previous state fiscal year:

SB1,1554,4 (a) The total amount of assessments collected under section 50.375 of the statutes, as created by this act.

SB1,1554,6 (b) The total amount of assessments collected from each hospital under section 50.375 of the statutes, as created by this act.

SB1,1554,10 (c) The total amounts that the department of health and family services determines were paid under section 49.45 (58) of the statutes, as created by this act, to health maintenance organizations as increased Medical Assistance payments to hospitals.

SB1,1554,13 (d) The total amount of periodic interim payments made to each hospital by health maintenance organizations under section 49.45 (58) of the statutes, as created by this act.

SB1,1554,17 (e) The total amount of Medical Assistance payments made to each hospital and the portion of the Medical Assistance capitated payments made to health maintenance organizations for inpatient and outpatient hospital services from appropriation accounts of general purpose revenues.