(e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection that is primarily related to a program or function that is transferred to the department of justice under this act is transferred to the department of justice. All materials submitted 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.
(f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection or the department of justice that are primarily related to programs or functions 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 decide the question. If either department is dissatisfied with the secretary's decision, the department may bring the matter to the cochairpersons of the joint committee on finance for consideration by the committee, and the committee shall affirm or modify the decision. The department of justice shall carry out the obligations under these contracts until the obligations are modified or rescinded by the department of justice to the extent allowed under the contract.
(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 programs or functions that are 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to the department of justice under this act remain in effect until their specified expiration date or until amended or repealed by the department of justice.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 programs or functions 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to the department of justice under this act remain in effect until their specified expiration date or until modified or rescinded by the department of justice.
(h) Decrease in positions. The authorized FTE positions for the department of agriculture, trade and consumer protection, funded from the appropriation under section 20.115 (8) (jm), 1999 stats., are decreased by 5.5 PR positions.
109,9105
Section 9105.
Nonstatutory provisions; arts board.
(1c) Milwaukee Art Museum. The arts board shall spend the amount in the appropriation account under section 20.215 (1) (cm) of the statutes, as created by this act, for the Leonardo da Vinci and the Splendor of Poland art exhibitions at the Milwaukee Art Museum.
109,9107
Section 9107.
Nonstatutory provisions; building commission.
(1) Proceeds from the sale of certain state office buildings.
(a) Notwithstanding section 13.48 (14) (c) of the statutes, if the building commission sells any or all of the state office buildings located at 123 West Washington Avenue, 121 East Wilson Street, and 149 East Wilson Street in the city of Madison, the commission shall deposit any net proceeds from the sale, after depositing any amount required to be deposited into the bond security and redemption fund, into the general fund.
(b) If the building commission sells any state office building specified in paragraph (a) during the period beginning on July 1, 2001, and ending on the day before the effective date of this paragraph, and any portion of the proceeds of that sale is transferred to the appropriation account under section 20.865 (4) (a) of the statutes, the lesser of the amount transferred or any unencumbered balance in that account is transferred on the effective date of this paragraph from the appropriation account under section 20.865 (4) (a) of the statutes to the general fund.
(c) This subsection does not apply after June 30, 2003.
(1b) Sale or lease of state surplus property. Notwithstanding section 13.48 (14) (am) of the statutes, the building commission shall offer for sale or lease the surplus property authorized under Section 9101 (9b) of this act in accordance with section 13.48 (14) (b) of the statutes. Notwithstanding section 13.48 (14) (c) of the statutes, the commission shall deposit any net proceeds from sales or leases of those properties, after depositing any amount required to be deposited into the bond security and redemption fund, into the budget stabilization fund. Section 13.48 (14) (d) of the statutes does not apply to that property.
109,9109
Section 9109.
Nonstatutory provisions; circuit courts.
(1z) Relative placement permanency plans.
(a) Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the statutes, under the supervision of an agency under section 48.64 (2) of the statutes, under a consent decree under section 48.32 or 938.32 of the statutes, or under an order under section 48.355 or 938.355 of the statutes on the day before the effective date of this paragraph, the agency assigned primary responsibility for providing services to those children or juveniles shall file a permanency plan with that court with respect to not less than 33% of those children or juveniles by September 1, 2002, with respect to not less than 67% of those children or juveniles by November 1, 2002, and with respect to all of those children or juveniles by January 1, 2003, giving priority to those children or juveniles who have been living in the home of a relative for the longest period of time.
(b) The agency shall request the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, as affected by this act, to make a finding under section 48.363 or 938.363 of the statutes that reasonable efforts have been made to prevent the removal of the child or juvenile from the home or that those efforts are not required to be made because a circumstance specified in section 48.355 (2d) (b) 1. to 5. of the statutes, as affected by this act, or section 938.355 (2d) (b) 1. to 4. of the statutes, as affected by this act, applies, not more than 60 days after the date on which the permanency plan is filed.
(c) Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act, section 48.38 (5m) of the statutes, as created by this act, section 938.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5m) of the statutes, as created by this act, a permanency plan filed under this subsection shall be reviewed within 6 months after the date on which the permanency plan is filed and a permanency plan hearing shall be had to review a permanency plan filed under this subsection within 12 months after the date on which the permanency plan is filed.
109,9110
Section 9110.
Nonstatutory provisions; commerce.
(1c) Grant to Forward Wisconsin, Inc., for study and proposal on brand image. From the appropriation under section 20.143 (1) (bp) of the statutes, as created by this act, the department of commerce shall provide a grant of $50,000 in fiscal year 2002-03 to Forward Wisconsin, Inc., to contract for a study and the creation of a proposal for a national brand image for the state related to technology and biotechnology. The department of commerce shall enter into an agreement with Forward Wisconsin, Inc., that specifies the uses for the grant proceeds under this subsection and reporting and auditing requirements. No later than December 31, 2003, the department of commerce shall submit to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes a report that includes the results of the study and the conclusions and recommendations of Forward Wisconsin, Inc., with respect to a proposal for a national brand image for the state.
(1v) Proposal for rural finance authority. The department of commerce shall work with the department of administration, the department of agriculture, trade and consumer protection, and the Wisconsin Housing and Economic Development Authority to develop a proposal, to be included in the department of commerce's budget request that is submitted to the department of administration, for the 2003-05 biennium for the creation of a rural finance authority. In developing the proposal, the departments and the authority shall do all of the following:
(a) Consider proposing that the rural finance authority be created to offer low-interest loans to agricultural producers in this state.
(b) Include a governing board to head the authority and consider the feasibility of an 11-member board consisting of 3 agricultural producers; 3 commercial bankers; 2 other members appointed by the governor; the secretary of commerce and the secretary of agriculture, trade and consumer protection or their designees; and the executive director of the Wisconsin Housing and Economic Development Authority or his or her designee.
(c) Consider including programs such as farm purchase assistance loans, including seller assisted loans; beginning farmer loans for the purchase of animals, machinery, and real estate; an agricultural improvement program to finance physical improvements of farm operations; a livestock modernization program; and a program to finance purchases by agricultural producers of stock in cooperatives that engage in agricultural processing.
(d) Consider transferring agricultural programs administered by the Wisconsin Housing and Economic Development Authority to the rural finance authority.
(1z) Division of international and export services. The authorized FTE positions for the department of commerce are increased by 2.5 PR positions on July 1, 2002, or on the day after publication, whichever is later, to be funded from the appropriation under section 20.143 (1) (g) of the statutes, for the division of international and export services.
109,9111
Section 9111.
Nonstatutory provisions; corrections.
(2) Emergency rules regarding fees from persons on probation, parole, or extended supervision. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 304.074 (5) of the statutes and that set rates under section 304.074 (2) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 304.074 (2) of the statutes, the rules shall require the department to have a goal of receiving at least $2 per day, if appropriate, from each person who is on probation, parole, or extended supervision and who is not under administrative supervision, as defined in section 304.74 (1) (a) of the statutes, or minimum supervision, as defined in section 304.74 (1) (b) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection 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 subsection.
(3) Emergency rules regarding prisoner copayments for medical and dental care. Using the procedure under section 227.24 of the statutes, the department of corrections shall promulgate the rules that are required under section 302.386 (4) (a) of the statutes relating to the deductible, coinsurance, copayment, or similar charge that must be imposed under section 302.386 (3) (b) of the statutes. The rules shall take effect on July 1, 2002, but may not remain effective for longer than the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 302.386 (3) (b) of the statutes, the rules shall require the department to require that, subject to the exception and waiver provisions under section 302.386 (3) (c) of the statutes, each person to whom section 302.386 (1) of the statutes applies pay a deductible, coinsurance, copayment, or similar charge of at least $7.50 for each request that the person makes for medical or dental services. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection 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 subsection.
(4q) Supermax conversion. The department of corrections, in cooperation with the department of administration, shall conduct a study of the conversion of the correctional institution established under section 301.16 (1n) of the statutes from a supermax-level security institution to an institution with supermax-level security beds and maximum security beds. The study shall include a discussion of the operational costs for the redesigned institution. The department of corrections shall report its findings, conclusions, and recommendations to the building commission for potential inclusion in the commission's biennial budget recommendations under section 13.48 (7) of the statutes for 2003.
109,9115
Section 9115.
Nonstatutory provisions; elections board.
(2v) Wisconsin election campaign fund balance transfer. The balances in all accounts within the Wisconsin election campaign fund on the effective date of this subsection are credited to the general account of the Wisconsin election campaign fund established under section 11.50 (2w) of the statutes, as created by this act.
(2w) Rules for public access channels and public television stations.
(a) Using the procedure under section 227.24 of the statutes, the elections board may promulgate the rules required under section 11.21 (17) of the statutes, as created by this act, for the period before the effective date of the permanent rules, 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 elections board is not required to provide evidence that promulgating rules under this paragraph as emergency rules is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for any rule promulgated under this paragraph.
(b) The elections board shall submit in proposed form the rules required under section 11.21 (17) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.
(2x) Statewide voter registration list.
(a) Notwithstanding section 16.42 (1) of the statutes, the elections board shall submit as a part of its budget request for the 2003-05 fiscal biennium under section 16.42 of the statutes a proposal to finance the creation of a statewide, centralized voter registration list system, together with proposed legislation required to initially implement the system for the 2004 September primary election. In developing the system, the elections board shall consider at least each of the following issues:
1. How the list should be created and maintained.
2. The fiscal impact upon the state and local governments of maintaining the list.
3. How accuracy of the list should be ensured.
4. Whether, to use the list, an electronic connection would need to be established between each polling place in the state and the board and how such a connection would be established and maintained.
5. How registrations on election day would be integrated into the list.
6. How procedures for corroboration of the identities of electors would be affected by maintenance of the list.
7. How absentee balloting would be affected by the creation of the list.
8. The impact of maintenance of the list upon transient populations, such as college students.
9. How the list could be accurately purged of the names of convicted felons who are ineligible to vote while ensuring that no eligible electors are disenfranchised.
10. How the list should be purged of the names of ineligible or inactive electors while ensuring that no eligible electors are disenfranchised.
11. Whether the list should be publicly maintained or a private entity should be retained to maintain the list.
12. If a private entity were retained to maintain the list, the standards to which the entity should be held to account.
13. Whether and how provisional voting of challenged electors could be facilitated after the list is established.
(b) The elections board shall study and prepare specific recommendations for implementing the proposal submitted under paragraph (c) for creation of a statewide voter registration list system. In conducting its study, the board shall address each of the issues specified in paragraph (a). The board shall submit the results of its study and recommendations to the legislature in the manner provided in section 13.172 (2) of the statutes no later than the first day of the 10th month beginning after the effective date of this paragraph.
(2y) Nonseverability.
(a) Notwithstanding section 990.001 (11) of the statutes, if a court finds that all or any portion of sections 11.01 (17g) and (17r) and 11.21 (17) of the statutes, as created by this act, or Section 9115 (2w) of this act are unconstitutional, then sections 11.01 (17g) and (17r) and 11.21 (17) of the statutes, as created by this act, and Section 9115 (2w) of this act are void in their entirety.
(b) Notwithstanding section 990.001 (11) of the statutes, if a court finds that any part of the repeal of sections 11.01 (12s), 11.05 (3) (o), 11.265, 11.50 (3), and 11.50 (10) of the statutes, the renumbering of sections 11.05 (2r) (title), 11.24 (2), and 11.50 (1) (a) 1. of the statutes, the renumbering and amendment of sections 11.05 (1), 11.05 (2), 11.05 (2r), 11.12 (6), 11.26 (9) (a), 11.31 (2m), 11.50 (1) (a) 2., 11.50 (5), 11.50 (9), 19.49 (5), 19.59 (7), and 71.10 (3) (a) of the statutes, the amendment of sections 5.02 (13), 5.05 (2), 7.08 (2) (c), 7.08 (2) (cm), 8.30 (2), 8.35 (4) (a) 1. a. and b., 8.35 (4) (c) and (d), 11.05 (3) (c), 11.05 (5), 11.05 (9) (b), 11.05 (12) (b), 11.05 (13), 11.06 (1) (intro.), 11.06 (1) (e), 11.06 (2), 11.06 (3) (b) (intro.), 11.06 (4) (b), 11.06 (5), 11.06 (7m) (a), 11.06 (7m) (b), 11.06 (7m) (c), 11.07 (1), 11.07 (5), 11.09 (3), 11.10 (1), 11.12 (2), 11.12 (4), 11.12 (5), 11.14 (3), 11.16 (2), 11.16 (5), 11.19 (title), 11.19 (1), 11.20 (1), 11.20 (2), 11.20 (3) (a) and (b), 11.20 (7), 11.20 (8) (intro.), 11.20 (8) (a), 11.20 (9), 11.20 (10) (a), 11.20 (12), 11.21 (2), 11.21 (15), 11.21 (16), 11.22 (3), 11.23 (1), 11.23 (2), 11.26 (1) (intro.), 11.26 (2) (intro.), 11.26 (2) (a), 11.26 (3), 11.26 (4), 11.26 (5), 11.26 (6), 11.26 (8), 11.26 (9) (b), 11.26 (10), 11.26 (15), 11.26 (17) (a), 11.31 (1) (intro.), 11.31 (1) (a) to (d), 11.31 (1) (e) and (f), 11.31 (2), 11.31 (2m) (title), 11.31 (3), 11.38 (1) (a) 2., 11.38 (6), 11.38 (8) (b), 11.50 (2) (a), 11.50 (2) (b) 3. and 4., 11.50 (2) (b) 5., 11.50 (2) (c), 11.50 (2) (f), 11.50 (2) (g), 11.50 (2) (h), 11.50 (2) (i), 11.50 (6), 11.50 (7) (intro.), 11.50 (8), 11.50 (10m), 11.50 (11) (e), 11.60 (4), 11.61 (1) (a) (by Section 2d), 19.53 (6), 19.59 (8) (c), 20.510 (1) (q), 25.42, 71.08 (1) (intro.), and 71.10 (3) (b) of the statutes, the repeal and recreation of sections 11.05 (9) (title) and 11.50 (4) of the statutes, the creation of sections 11.001 (2m), 11.01 (4m), 11.01 (12w), (13) and (14), 11.01 (16) (a) 3., 11.05 (1) (b), 11.05 (2) (b), 11.05 (3) (m), 11.05 (3) (r), 11.06 (1) (cm) and (dm), 11.06 (2m) (b) to (d), 11.06 (11) (bm), 11.12 (6) (am), 11.12 (6) (c) and (d), 11.12 (8) and (9), 11.20 (2s), 11.20 (2t), 11.20 (8) (am), 11.24 (1w), 11.24 (4), 11.26 (1m), 11.26 (1t), 11.26 (2) (ae), (am), (as) and (av), 11.26 (2m), 11.26 (2t), 11.26 (8n), 11.26 (8r), 11.26 (9) (a) 1. to 4., 11.26 (9) (am), 11.26 (9m), 11.26 (10a), 11.31 (1) (de), 11.31 (2m) (a), 11.31 (3p), 11.31 (9), 11.385, 11.50 (1) (a) 1. (intro.), 11.50 (1) (a) 2m., 11.50 (1) (am), 11.50 (1) (bm) and (cm), 11.50 (2) (b) 6., 11.50 (2) (j), 11.50 (2m), 11.50 (2s), 11.50 (2w), 11.50 (9) (b), 11.50 (14), 11.60 (3r), 19.42 (3m), (4g) and (4r), 19.45 (13), 19.49 (1m), 19.49 (5) (b), 19.535, 19.59 (1) (br), 19.59 (7) (b), 19.59 (8) (cm) and (cn), 71.07 (6s), 71.10 (3) (ac), 71.10 (3) (d), 71.10 (4) (gw), and 806.04 (11m) of the statutes or Sections 9115 (2v), (2x), and (2y), 9132 (4v), 9215 (3v), 9244 (6v), 9315 (2v) and (2w), and 9344 (2v) of this act is unconstitutional, the treatment of those provisions by this act is void.
109,9116
Section 9116.
Nonstatutory provisions; employee trust funds.
(1v) Hiring freeze exemption. Notwithstanding any action of the governor or the secretary of administration under section 16.505 (3) of the statutes before the effective date of this subsection, the department of employee trust funds may fill 3.5 FTE GPR positions that are vacant on the effective date of this subsection, that are authorized to the department under section 16.505 of the statutes, and that are funded from the appropriation under section 20.512 (2) (a) of the statutes.
109,9123
Section 9123.
Nonstatutory provisions; health and family services.
(1x) Underage tobacco enforcement. The department of health and family services shall identify $3,012,200 in appropriated moneys in the appropriation accounts of that department, other than sum sufficient appropriation accounts, to fund activities conducted under section 254.916 of the statutes to achieve compliance with the requirements under
42 USC 300x-26 (a) and (b) that the state enact and enforce a law prohibiting the sale or distribution of tobacco products to persons under 18 years of age and with the certification required under P.L.
107-116, section 214, that the state commit additional state funds to enforce that law. In identifying appropriated moneys to fund activities conducted under section 254.916 of the statutes as described in this subsection, the department may not identify any appropriated moneys to fund those activities if funding those activities would change legislative intent with respect to the program funded by those appropriated moneys. By September 30, 2002, the department shall submit a plan to the joint committee on finance for funding the activities described in this subsection and a report on the status of the negotiations that the department is conducting with the federal department of health and human services relating to the certification required under P. L.
107-116, section 214.
(1z) Rural health dental clinics.
(a) Notwithstanding the amounts specified for expenditure in state fiscal year 2001-02 under section 146.65 (1) (a) and (b) of the statutes, the department of health and family services shall, in state fiscal year 2002-03, distribute moneys under section 146.65 (1) (a) of the statutes that were unexpended under that paragraph on July 1, 2002, and distribute moneys under section 146.65 (1) (b) of the statutes that were unexpended under that paragraph on July 1, 2002.
(b) Notwithstanding section 16.42 of the statutes, in submitting information under section 16.42 of the statutes for purposes of the 2003-2005 biennial budget bill, the department of health and family services shall submit information concerning the appropriation under section 20.435 (5) (dm) of the statutes as though the increase in the dollar amount of that appropriation by Section 9329 (18z) of this act had not been made.
(2g) Bioterrorism response and preparedness.
(a) In this subsection:
1. "Emergency medical technician" has the meaning given in section 146.50 (1) (e) of the statutes.
2. "Fire fighter" has the meaning given in section 38.24 (5) (a) 1m. of the statutes.
3. "First responder" has the meaning given in section 146.50 (1) (hm) of the statutes.
4. "Law enforcement officer" has the meaning given in section 165.85 (2) (c) of the statutes.
(b) By April 15, 2002, before submitting a plan for expenditure of federal funds for bioterrorism response and preparedness for which Wisconsin is eligible under Public Law 107-117, to the federal department of health and human services, the department of health and family services shall submit the plan to the joint committee on finance for review and approval.
(c) The plan specified under paragraph (b) shall include, to the extent permitted under Public Law 107-117, all of the following:
1. A proposal to allocate up to $3,600,000 of Wisconsin's total allocation to fund all of the following:
a. Communications equipment.
b. Safety or protective equipment for law enforcement officers, fire fighters, emergency medical technicians, first responders, or local emergency response team members under section 166.22 of the statutes, who respond to emergencies.
c. Training related to investigation of, prevention of, or response to acts of terrorism that pose a threat to the environment.
d. Information systems, software, or computer equipment for investigating acts of terrorism that pose a threat to the environment.
e. Training for specific special events where heightened security risks exist.
f. Regional emergency response teams under section 166.215 (1) of the statutes or their expansion.
g. Volunteer emergency medical service entities under section 146.50 of the statutes, as affected by this act, that are short of staff or are in need of additional training.
2. A proposal to fund all of the following:
a. An increase of 2.5 FED positions in the department of health and family services to perform surveillance of and respond to communicable and infectious diseases and biological and chemical potential threats to the state.
b. The statewide trauma care system under section 146.56 of the statutes, as affected by this act.
c. An increase of 1.0 FED microbiologist position for the state laboratory of hygiene and all bioterrorism-related laboratory expenses.
(2v) Disease management.
(a) In this subsection, "disease management" has the meaning given in section 49.45 (50) (a) of the statutes, as created by this act.
(b)
By January 1, 2003, the department of health and family services shall invite proposals, under the department's request-for-proposals procedures, from entities to engage in activities of disease management on behalf of recipients of medical assistance.
(2w) Medical assistance provider fraud and abuse; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 9. of the statutes, as affected
by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.
(2zw) Exceptions to compulsory vaccination; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 252.041 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
(b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 252.041 (2) of the statutes, as created by this act, for the period before the effective date of the 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.
(2zx) Medical conditions for which pharmaceutical drugs are dispensed or sold; rules.
(a) The department of health and family services shall submit in proposed form the rules required under section 252.02 (7) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the effective date of this subsection.
