Amendment ASA1-AB591

LRBs0286/1

TAY&GMM:skg:jlb

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 591

November 28, 1995 - Offered by Committee on Welfare Reform.

AB591-ASA1,3,22 An Act to repeal 20.435 (4) (cn), 20.435 (4) (d), 20.435 (4) (dc), 20.435 (4) (de), 20.435 (4) (df), 20.435 (4) (dg), 46.40 (4m), 46.45 (1), 46.979 (2) (a), 49.193 (4) (j) 4., 49.193 (7), 49.26 (1) (j), 49.27 (5) (e) 2., 49.50 (6e) (a) and 560.14 (1) (a) 2.; to renumber 49.193 (9m) (a) and 49.46 (1) (e); to renumber and amend 16.841 (1), 20.435 (4) (dz), 48.651, 49.124 (1m), 49.19 (20), 49.46 (1) (cr) and 49.50 (6e) (b); to consolidate, renumber and amend 560.14 (1) (a) (intro.) and 1.; to amend 13.101 (6) (a), 16.75 (6) (bm), 16.841 (2), 20.435 (1) (b), 20.435 (1) (bm), 20.435 (1) (o), 20.435 (4) (a), 20.445 (3) (L), 20.445 (3) (Lm), 46.03 (21), 46.032, 46.215 (1) (k), 46.22 (1) (b) 2. a., 46.22 (1) (b) 2. d., 46.25 (6), 46.25 (7m), 46.253 (2), 46.258 (1), 46.258 (2) (a) 1., 46.40 (1) (a), 46.45 (intro.), 46.45 (6), 46.62 (2), 46.979 (1), 46.979 (2) (a), 46.979 (2) (c) (intro.), 46.98 (1) (b), 46.98 (2) (a), 46.98 (2m) (a), 46.98 (3) (c), 46.98 (4) (a) 2., 46.98 (4) (b), 46.98 (4) (d), 46.98 (4g) (b), 46.986 (1) (b), 46.986 (1) (m), 46.987 (1) (a), 46.987 (2) (a), 46.995 (2) (c), 48.427 (3) (a) 5., 48.428 (2), 48.428 (4), 48.651 (1) (intro.), 48.981 (2), 49.015 (2), 49.125 (1), 49.181 (1) (intro.), (a), (c), (d), (f) and (g) and (2), 49.19 (4e) (a), 49.19 (11) (a) 1. a. (intro.), 49.191 (2), 49.193 (2) (a), 49.193 (4) (g), 49.193 (6) (c), 49.193 (8) (a), 49.193 (8) (bm), 49.193 (10m), 49.195 (title), 49.195 (1), 49.195 (3), 49.197 (1m), 49.197 (3), 49.197 (4), 49.20 (3), 49.26 (title), 49.26 (1) (e), 49.26 (1) (g) (intro.), 49.26 (1) (g) 1., 49.26 (1) (gm) (intro.), 49.26 (1) (h) 1. a., 49.26 (1) (hm), 49.26 (1) (hr), 49.27 (6) (c), 49.30 (1) (intro.), 49.32 (7) (a), 49.32 (9) (a), 49.32 (9) (b), 49.32 (10) (intro.), 49.33 (1) (b), 49.33 (1) (c), 49.33 (9), 49.36 (title), 49.36 (3) (a), 49.36 (3) (g), 49.36 (4), 49.36 (5), 49.36 (6), 49.36 (7), 49.45 (6m) (br) 1., 49.46 (1) (a) 1., 49.46 (1) (a) 1m., 49.46 (1) (a) 5., 49.46 (1) (a) 6., 49.46 (1) (a) 9., 49.46 (1) (a) 10., 49.46 (1) (a) 11., 49.46 (1) (a) 12., 49.46 (1) (a) 13., 49.46 (1) (cg), 49.46 (1) (cs), 49.46 (1) (d) 1., 49.47 (4) (a) (intro.), 49.50 (6g), 49.50 (6k) (a), 49.50 (6k) (b), 49.50 (7) (e), 49.52 (1) (ad) 1., 49.52 (1) (am), 49.52 (1) (d), 49.52 (5), 49.83, 49.84 (5), 49.85 (1), 49.85 (2) (b) and (3) (b) 1., 49.95 (4m) (a), 49.96, 59.07 (97), 71.54 (2) (a) (intro.), 106.21 (1) (g), 106.215 (1) (fm), 115.347, 115.40 (4) (b), 115.40 (4) (c) 1., 115.45 (3m) (a) 2., 119.82 (1) (a) 2., 120.13 (27m), 230.04 (13) (a) and (e) 1. and 2., 230.147 (1), 230.147 (2), 230.147 (3), 767.045 (1) (c) 1., 767.075 (1) (c), 767.077 (intro.), 767.078 (1) (a) 2., 767.15 (1), 767.24 (6) (c), 767.29 (1m) (c), 767.29 (2), 767.29 (4), 767.32 (1) (a), 767.32 (1) (b) 1., 767.47 (6) (a) and (b), 814.61 (13) and 948.22 (4) (b); to repeal and recreate 13.101 (6) (a), 46.032, 46.495 (1) (am), 49.124 (3), 49.19 (11) (a) 1. a. (intro.), 49.191 (1), 49.191 (3) (a) and (b), 49.193 (8) (bm), 49.193 (10m), 49.197 (1m), 49.197 (4), 49.20 (3), 49.26 (2) (b), 49.33 (2), 49.33 (8) (a), 49.36 (2) and 49.45 (6m) (br) 1.; and to create 16.39 (4) (bm), 16.75 (6) (bm), 16.841 (1) (b), 20.435 (4) (dz), 20.445 (3) (jm), 46.98 (1) (ar), 46.98 (1) (bd) and (bf), 46.98 (4) (dg) and (dm), 46.98 (6), 48.40 (1m), 48.57 (3m), 48.57 (3p), 48.651 (1) (a) and (b), 48.651 (2), 49.001 (9), 49.124 (1m) (b), 49.124 (1m) (c), 49.141, 49.143, 49.145, 49.146, 49.147, 49.148, 49.149, 49.151, 49.152, 49.153, 49.155, 49.157, 49.159, 49.161, 49.181, 49.19 (4e) (c), 49.19 (20) (b), 49.193 (2) (am), 49.193 (4) (k) 1m., 49.193 (4m), 49.193 (6) (e), 49.193 (9m) (ag), 49.193 (12), 49.21 (1) (c), 49.25 (10), 49.27 (13), 49.46 (1) (a) 4m., 49.46 (1) (a) 6m., 49.46 (1) (a) 16., 49.46 (1) (am) 3., 49.46 (1) (cb), 49.46 (1) (co) 4., 49.46 (1) (cr) 2., 49.46 (1) (e) 2., 49.465 (7), 49.47 (4) (ag), 49.47 (4) (an), 49.77 (3v), 102.07 (17), 102.07 (18), 102.29 (8), 227.01 (13) (zr), 227.01 (13) (zs), 227.01 (13) (zt) and 767.075 (1) (cm) of the statutes; relating to: creating a new public assistance program for families with dependent children, modifying the sunset of the aid to families with dependent children program, modifying administration of the food stamp program, modifying the eligibility requirements of certain recipients of medical assistance, creating a program to provide payment to a relative, other than a parent, who is providing care and maintenance for a child, eliminating postsecondary education and vocational skills training from the job opportunities and basic skills program, applying the learnfare provisions statewide to certain individuals who are 6 to 19 years of age, eliminating child care funded under community aids, modifying eligibility requirements for low-income and at-risk child care, creating a tax exemption, making modifications to the job opportunities and basic skills program, making modifications to the food stamp employment and training program, consolidating state general purpose revenue appropriations for public assistance and local aid, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, granting rule-making authority and making appropriations.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB591-ASA1, s. 1 Section 1. 13.101 (6) (a) of the statutes is amended to read:

AB591-ASA1,4,19 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (4) (a), (d) (dz) and (e), (6) (a) and (7) (da) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB591-ASA1, s. 2 Section 2. 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591-ASA1,5,15 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB591-ASA1, s. 3 Section 3. 16.39 (4) (bm) of the statutes is created to read:

AB591-ASA1,5,18 16.39 (4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which one member is a participant under s. 49.147 (3) to (5).

AB591-ASA1, s. 4 Section 4. 16.75 (6) (bm) of the statutes is created to read:

AB591-ASA1,5,25 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of health and social services under s. 49.143, if the department of health and social services presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

AB591-ASA1, s. 5 Section 5. 16.75 (6) (bm) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB591-ASA1,6,9 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of health and social services industry, labor and job development under s. 49.143, if the department of health and social services industry, labor and job development presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

AB591-ASA1, s. 6 Section 6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:

AB591-ASA1,6,12 16.841 (1) (intro.) In this section, "agency":

AB591-ASA1,6,13 (a) "Agency" has the meaning given in s. 16.70 (1).

AB591-ASA1, s. 7 Section 7. 16.841 (1) (b) of the statutes is created to read:

AB591-ASA1,6,16 16.841 (1) (b) "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA1, s. 8 Section 8. 16.841 (2) of the statutes is amended to read:

AB591-ASA1,6,22 16.841 (2) The department shall contract with one or more child care providers, as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for child care services to be offered to the children of employes of agencies whose work stations are located in an area designated by the department comprising the central portion of the city of Madison.

AB591-ASA1, s. 9 Section 9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB591-ASA1, s. 10 Section 10. 20.435 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 808, is amended to read:

AB591-ASA1,7,13 20.435 (1) (b) Medical assistance program benefits. Biennially, the amounts in the schedule to provide the state share of medical assistance program benefits administered under s. 49.45, to provide medical assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to provide health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9) and (10). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation and may transfer between fiscal years funds that it transfers from the appropriation under sub. (3) (kb) for the purposes specified in s. 46.485 (3r).

AB591-ASA1, s. 11 Section 11. 20.435 (1) (bm) of the statutes is amended to read:

AB591-ASA1,8,5 20.435 (1) (bm) Medical assistance administration. Biennially, the amounts in the schedule to provide the state share of administrative contract costs for the medical assistance program under s. 49.45 and health care coverage under s. 49.153 and to reimburse insurers for their costs under s. 49.475. No state positions may be funded in the department of health and social services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the medical assistance program between the subunit of the department primarily responsible for administering the medical assistance program and another subunit of the department.

AB591-ASA1, s. 12 Section 12. 20.435 (1) (o) of the statutes is amended to read:

AB591-ASA1,8,9 20.435 (1) (o) Federal aid; medical assistance. All federal moneys received for meeting costs of medical assistance administered under s. 49.45 and for meeting the costs of health care coverage under s. 49.153.

AB591-ASA1, s. 13 Section 13. 20.435 (4) (a) of the statutes is amended to read:

AB591-ASA1,8,13 20.435 (4) (a) General program operations. The Biennially, the amounts in the schedule for general program operations relating to economic support, including field services and administrative services.

AB591-ASA1, s. 14 Section 14. 20.435 (4) (cn) of the statutes is repealed.

AB591-ASA1, s. 15 Section 15. 20.435 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 848, is repealed.

AB591-ASA1, s. 16 Section 16. 20.435 (4) (dc) of the statutes is repealed.

AB591-ASA1, s. 17 Section 17. 20.435 (4) (de) of the statutes is repealed.

AB591-ASA1, s. 18 Section 18. 20.435 (4) (df) of the statutes, as affected by 1995 Wisconsin Act 27, section 853, is repealed.

AB591-ASA1, s. 19 Section 19. 20.435 (4) (dg) of the statutes is repealed.

AB591-ASA1, s. 20 Section 20. 20.435 (4) (dz) of the statutes is created to read:

AB591-ASA1,9,21 20.435 (4) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g); for child care and related transportation costs under s. 49.50 (7) (e); for child care costs under ss. 46.98 (2m) and (3), 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b); for county administered public assistance benefits under s. 49.52; for payment distribution under s. 49.52 (1) for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62; for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) and for case management services for learnfare pupils under s. 46.62; for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591-ASA1, s. 21 Section 21. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (3) (dz) and amended to read:

AB591-ASA1,9,25 20.445 (3) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g) 49.191 (2); for child care and related transportation costs under s. 49.50 (7) (e) ss. 49.155, 49.157 and 49.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3), 49.191 (1) and 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits under s. 49.52 49.33; for payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for payments to Wisconsin works agencies for the Wisconsin works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin works health coverage eligibility determination under s. 49.153 (3); for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, or for the cost of kinship care under s. 48.57 (3m), including assessments under s. 48.57 (3m) (a) 3. and background investigations under s. 48.57 (3m) (a) 4.; for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) 49.26 (1) and for case management services for learnfare pupils under s. 46.62 49.26 (2); for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253 49.36; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties and Wisconsin works agencies for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591-ASA1, s. 22 Section 22. 20.445 (3) (jm) of the statutes is created to read:

AB591-ASA1,11,7 20.445 (3) (jm) Wisconsin works fees. All moneys received from fees and other payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works program.

AB591-ASA1, s. 23 Section 23. 20.445 (3) (L) of the statutes, as affected by 1995 Wisconsin Act 27, section 878, is amended to read:

AB591-ASA1,11,15 20.445 (3) (L) Welfare fraud and error reduction; state operations. From the moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), the amounts in the schedule for the department's activities to reduce error and fraud in the food stamp, aid to families with dependent children, Wisconsin works program and medical assistance programs.

AB591-ASA1, s. 24 Section 24. 20.445 (3) (Lm) of the statutes, as affected by 1995 Wisconsin Act 27, section 880, is amended to read:

AB591-ASA1,11,23 20.445 (3) (Lm) Welfare fraud and error reduction; local assistance. From the moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), all moneys not appropriated under par. (L) for county and tribal activities to reduce error and fraud in the food stamp, aid to families with dependent children, Wisconsin works program and medical assistance program.

AB591-ASA1, s. 25 Section 25. 46.03 (21) of the statutes is amended to read:

AB591-ASA1,12,4 46.03 (21) Day care standards. Promulgate rules establishing standards for the certification of day care providers under s. 48.651. In establishing standards for certification under s. 48.651 (1) (b), the department may not include a requirement for training for child care providers certified under s. 48.651 (1) (b).

AB591-ASA1, s. 26 Section 26. 46.032 of the statutes is amended to read:

AB591-ASA1,12,15 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591-ASA1, s. 27 Section 27. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27, section 2042, and .... (this act), is repealed and recreated to read:

AB591-ASA1,13,2 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591-ASA1, s. 28 Section 28. 46.215 (1) (k) of the statutes is amended to read:

AB591-ASA1,13,8 46.215 (1) (k) To certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, if the county accepts a contract to do so, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.