January 2018 Special Session
2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 7
February 8, 2018 - Offered by
Joint Committee on Finance.
1An Act to create
16.298 and 20.505 (1) (kp) of the statutes; relating to: pay for
2success contracting and making an appropriation.
Analysis by the Legislative Reference Bureau
This substitute amendment authorizes the Department of Administration to
contract with a private service provider for payments to provide social, employment,
or correctional services to individuals.
DOA may not execute a contract under the substitute amendment unless DOA
determines that the contract is expected to result in significant performance
improvements or significant budgetary savings for the state if the contract objectives
are achieved. Additionally, each contract under the substitute amendment is subject
to approval by the Joint Committee on Finance and must include all of the following:
1. A requirement that a majority of the total contract payment must be
conditioned on the service provider achieving certain performance measures
specified in the contract toward the outcome of the contract objectives.
2. A defined objective procedure by which an independent evaluator is required
to determine whether the performance measures have been achieved.
3. A schedule of the amounts and timing of payments to be earned by the service
provider during each year or other specified period of the contract.
The substitute amendment also requires the Departments of Health Services,
Corrections, Children and Families, and Workforce Development to submit, after
study, reports to the legislature concerning the programs those departments
administer and advise whether and how the kind of contracting provided for under
the substitute amendment could be utilized as an alternative to current funding
models for those agencies' provision of program services.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
16.298 of the statutes is created to read:
216.298 Pay for success contracting. (1) Definitions.
In this section:
(a) “Eligible services” means social, employment, or correctional services, as 4
determined by the department in conjunction with the department of health 5
services, department of corrections, department of children and families, 6
department of workforce development, or other state agency, as appropriate.
(b) “Pay for success contract” means a contract authorized under sub. (2) (a).
(c) “Service provider” means a private organization, whether operated for profit 9
or not for profit, that provides eligible services to individuals.
(d) “State agency” means any office, department, agency, institution of higher 11
education, association, society, or other body in state government that is created or 12
authorized to be created by the constitution or any law and is entitled to expend 13
moneys appropriated by law, including any authority, but not including the 14
legislature or the courts.
15(2) Contract execution.
(a) The department may contract, including jointly 16
with another state agency, with a service provider for the payment of moneys to the 17
service provider for the provision of eligible services to individuals.
(b) Each pay for success contract shall provide all of the following:
1. That a majority of the total contract payment is conditioned on the service 2
provider achieving performance measures, as specified in the contract, toward the 3
outcome of the contract objectives.
2. A defined objective procedure by which an independent evaluator is required 5
to determine whether the performance measures specified under subd. 1. have been 6
3. A schedule of the amounts and timing of payments to be earned by the service 8
provider during each year or other specified period of the contract.
(c) For each pay for success contract, the department may not execute the 10
contract unless all of the following occur first:
1. The department determines that the contract is expected to result in 12
significant performance improvements or significant budgetary savings for the state 13
if the contract objectives specified in the proposed contract are achieved.
2. The department notifies the joint committee on finance in writing of the 15
proposed contract. The notification shall describe in detail the department's 16
proposal for the contract and shall identify all appropriations from which the 17
department proposes to transfers moneys to the appropriation under s. 20.505 (1) 18
(kp) and the amounts the department proposes to transfer. If the cochairpersons of 19
the committee do not notify the department within 14 working days after the date 20
of the department's notification that the committee has scheduled a meeting for the 21
purpose of reviewing the proposed contract, the department may execute the 22
contract as proposed in its notification, and the secretary may make each proposed 23
transfer. If, within 14 working days after the date of the department's notification, 24
the cochairpersons of the committee notify the department that the committee has 25
scheduled a meeting for the purpose of reviewing the proposed contract, the
department may execute the contract and the secretary may transfer moneys to the 2
appropriation under s. 20.505 (1) (kp) only with the approval of the committee.
3(3) Contract payments.
(a) For each pay for success contract, from the 4
appropriation under s. 20.505 (1) (kp), the department shall make payments under 5
sub. (2) (b) 3. subject to the contract terms.
(b) For each pay for success contract, the secretary shall transfer the following 7
moneys, if any, from the appropriation under s. 20.505 (1) (kp) to the appropriation 8
from which the moneys were transferred under sub. (2) (c) 2.:
1. If the contract is terminated or otherwise expires, an amount equal to the 10
amount transferred to the appropriation under s. 20.505 (1) (kp) but not expended 11
under the contract.
2. Any amount the department recovers from a service provider for 13
overpayment under the contract and any amount the department otherwise recovers 14
under the terms of the contract.
(a) Upon completion of each pay for success contract, the 16
department shall submit a report to the joint committee on finance and the 17
appropriate standing committees of the legislature under s. 13.172 (3) that describes 18
in detail the performance measures specified for the contract under sub. (2) (b) 1. and 19
the extent to which those performance measures were achieved.
(b) Upon completion of each pay for success contract under which another state 21
agency jointly contracts with the department under sub. (2) (a), the other state 22
agency shall submit to the joint committee on finance and the appropriate standing 23
committees of the legislature under s. 13.172 (3) a report that describes in detail the 24
outcomes of the contract.
1(5) Purchasing exemption.
A contract is subject to ss. 16.753 and 16.765, but 2
is otherwise exempt from subch. IV.
20.505 (1) (kp) of the statutes is created to read:
(kp) Pay for success contracts.
All moneys transferred under s. 5
16.298 (2) (c) 2. for the purpose of administering contracts under s. 16.298 and 6
making contract payments under s. 16.298 (3) (a).
(1) Agency studies and reports.
The departments of health services, 9
corrections, children and families, and workforce development shall each conduct a 10
study of the programs it administers to determine whether and how pay for success 11
contracting under section 16.298 of the statutes could be utilized as an alternative 12
to current funding models for the provision of services under the programs. Each of 13
those departments shall submit to the joint committee on finance and the 14
appropriate standing committees of the legislature under section 13.172 (3) of the 15
statutes a report that details its findings from the study.