LRB-1196/1
MJL:kmg:jf
2001 - 2002 LEGISLATURE
November 8, 2001 - Introduced by Law Revision Committee. Referred to
Committee on Energy and Utilities.
AB617,1,6 1An Act to repeal 16.385 (1) (b), 16.385 (1) (d), 16.385 (1) (e) and 16.385 (2) (b);
2to renumber 16.385 (2) (a); to amend 16.385 (3) (c), 16.385 (3) (d), 16.385 (3)
3(e) 1., 16.385 (3) (e) 2., 16.385 (3) (e) 7., 16.385 (5) (c), 20.505 (7) (km) and 20.505
4(7) (o); and to create 16.385 (5) (cm) of the statutes; relating to: the
5low-income energy assistance and weatherization assistance programs
6(suggested as remedial legislation by the department of administration).
Analysis by the Legislative Reference Bureau
Under current law, the department of administration (DOA) administers a
number of housing assistance programs, including a low-income energy assistance
program to assist low-income individuals with the cost of home energy and a
weatherization assistance program to assist low-income individuals with
weatherization costs. This bill makes a number of technical changes to those two
programs.
Current law requires DOA to administer a low-income warm room program to
install certain items for energy efficiency into the residences of certain low-income
individuals and to train the individuals in the use of the items. Because DOA no
longer conducts this program, the bill eliminates all references to the program.
Under current law, DOA is required to allocate for program administration
expenses certain dollar amounts of moneys received from the federal government.
The amounts exceed the percentages that are allowed under federal law to be used

for administration expenses. The bill provides that up to the specified dollar
amounts, but not exceeding the amounts authorized under federal law, must be
allocated for program administration expenses. The bill also clarifies that DOA may
expend any emergency funds received from the federal government, in addition to
the original federal block grant received for low-income energy assistance.
Current law requires DOA to allocate moneys under one of its appropriations
and to transfer the amount allocated to another DOA appropriation for
weatherization assistance. The bill eliminates the transfer so that the appropriation
under which the moneys are allocated directly provides the allocated moneys for
weatherization assistance.
Finally, current law provides that a household composed entirely of persons
receiving aid to families with dependent children (AFDC) is eligible for low-income
energy assistance. Because AFDC no longer exists and Wisconsin works (W-2) is the
replacement public assistance program, the bill provides that a household entirely
composed of a W-2 group is eligible for low-income energy assistance.
For further information, see the Notes provided by the law revision committee
of the joint legislative council.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation
proposal, requested by the department of administration and introduced by the law
revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the
various provisions of the bill, the law revision committee has determined that this bill
makes minor substantive changes in the statutes, and that these changes are desirable
as a matter of public policy.
AB617, s. 1 1Section 1 . 16.385 (1) (b) of the statutes is repealed.
AB617, s. 2 2Section 2. 16.385 (1) (d) of the statutes is repealed.
AB617, s. 3 3Section 3. 16.385 (1) (e) of the statutes is repealed.
AB617, s. 4 4Section 4. 16.385 (2) (a) of the statutes is renumbered 16.385 (2).
AB617, s. 5 5Section 5 . 16.385 (2) (b) of the statutes is repealed.
Note: Sections 1 to 5 of this bill delete statutory definitions and references to the
low-income warm room program, which no longer exists. According to the department
of administration, this test project was eliminated in 1985.
AB617, s. 6 6Section 6 . 16.385 (3) (c) of the statutes is amended to read:
AB617,3,4
116.385 (3) (c) From the appropriation under s. 20.505 (7) (m), allocate up to
2$1,100,000 in each federal fiscal year, but not exceeding the amount authorized
3under federal law,
for the department's expenses in administering the funds to
4provide low-income energy assistance.
AB617, s. 7 5Section 7 . 16.385 (3) (d) of the statutes is amended to read:
AB617,3,106 16.385 (3) (d) From the appropriation under s. 20.505 (7) (o), allocate up to
7$2,900,000 in each federal fiscal year, but not exceeding the amount authorized
8under federal law,
for the expenses of a county department, another local
9governmental agency or a private nonprofit organization in administering under
10sub. (4) the funds to provide low-income energy assistance.
Note: Sections 6 and 7 of this bill provide that the department of administration
may allocate not more than the statutorily designated amount for expenses in
administering the low-income energy assistance program.
AB617, s. 8 11Section 8 . 16.385 (3) (e) 1. of the statutes is amended to read:
AB617,3,1612 16.385 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7)
13(km),
15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal
14year under the priority of maintaining funding for the geographical areas on July 20,
151985, and, if funding is reduced, prorating contracted levels of payment,
for the
16weatherization assistance program administered by the department under s. 16.39.
Note: Section 8 of this bill eliminates the word "transfer" from this subdivision.
According to the department of administration, the word "transfer", when used at the
federal level, is used to denote a transfer of funds between two block grants, which is
impermissible. This Section also deletes obsolete language relating to contract levels for
the weatherization assistance program in effect prior to July 20, 1985.
AB617, s. 9 17Section 9 . 16.385 (3) (e) 2. of the statutes is amended to read:
AB617,4,218 16.385 (3) (e) 2. Allocate not more than $3,200,000 in each federal fiscal year
19for the payment of crisis assistance benefits to meet weather-related or fuel supply
20shortage emergencies under sub. (8). This subdivision does not apply to funds

1released under the authorization of the president of the United States to meet
2emergency requirements under 42 USC 8621.
Note: Section 9 of this bill clarifies that the department of administration may
expend any emergency funds received under the federal low-income energy assistance
program, in addition to the original federal block grant received under this program.
AB617, s. 10 3Section 10 . 16.385 (3) (e) 7. of the statutes is amended to read:
AB617,4,74 16.385 (3) (e) 7. By October 1 of each year and after consulting with the
5department of administration
, allocate funds budgeted but that are not spent or
6encumbered
and any funds remaining from previous fiscal years to heating
7assistance under sub. (6) or to the weatherization assistance program under s. 16.39.
Note: Section 10 of this bill eliminates a reference to the department of
administration, which, in effect, required the department to consult with itself before
allocating funds for heating assistance or weatherization assistance programs. In
addition, the word "encumbered" is added to clarify that encumbered funds, as well as
spent funds, are not available to be allocated to heating assistance or weatherization
assistance programs.
AB617, s. 11 8Section 11 . 16.385 (5) (c) of the statutes is amended to read:
AB617,4,129 16.385 (5) (c) A household entirely composed of persons receiving aid to
10families with dependent children under s. 49.19,
food stamps under 7 USC 2011 to
112029, or supplemental security income under 42 USC 1381 to 1383c or state
12supplemental payments under 42 USC 1381 to 1383c or s. 49.77.
AB617, s. 12 13Section 12 . 16.385 (5) (cm) of the statutes is created to read:
AB617,4,1514 16.385 (5) (cm) A household entirely composed of a Wisconsin works group, as
15defined in s. 49.141 (1) (s).
Note: Sections 11 and 12 of the bill update references in the statutes relating to
the low-income energy assistance program by removing references to the aid to families
with dependent children program and adding references to the Wisconsin works
program.
AB617, s. 13 16Section 13 . 20.505 (7) (km) of the statutes is amended to read:
AB617,5,3
120.505 (7) (km) Weatherization assistance. All moneys transferred from the
2appropriation under par. (o) and all moneys
received from other state agencies or the
3department, for the weatherization program under s. 16.39, for that purpose.
AB617, s. 14 4Section 14 . 20.505 (7) (o) of the statutes is amended to read:
AB617,5,105 20.505 (7) (o) Federal aid; individuals and organizations; weatherization
6assistance
. All moneys received from the federal government for aids to individuals
7and organizations related to housing assistance under subch. II of ch. 16, as
8authorized by the governor under s. 16.54, for the purpose of providing aids to
9individuals and organizations and for the weatherization program under s. 16.39 as
10provided in s. 16.385 (3) (e) 1
.
Note: Sections 13 and 14 of this bill make changes in the state and federal
appropriation language for the weatherization assistance program to reflect the changes
made in Section 8 of this bill, which eliminated the reference to transferring funds from
the federal appropriation language.
AB617,5,1111 (End)
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