LRBs0530/2
TAY:sfmk:km
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
To 1995 ASSEMBLY BILL 591
March 1, 1996 - Offered by Joint committee on Finance.
AB591-ASA3,4,5
1An Act to repeal 49.26 (1) (j), 49.27 (5) (e) 2., 49.50 (6e) (a), 560.14 (1) (a) 2.,
2632.745 (1) (f) 2., 635.02 (5m), 635.07, 635.17 and 635.26 (1) (b);
to renumber
349.193 (9m) (a), 49.46 (1) (e), 49.50 (6e) (b) and 635.26 (1) (a);
to renumber and
4amend 16.841 (1), 46.98 (4) (b), 48.651, 49.124 (1m), 49.19 (11) (b), 49.19 (20),
549.32 (10) and 49.46 (1) (cr);
to consolidate, renumber and amend 560.14
6(1) (a) (intro.) and 1.;
to amend 13.94 (4) (a) 1., 13.94 (4) (b), 16.75 (6) (bm),
716.841 (2), 20.435 (1) (b), 20.435 (1) (bm), 20.435 (1) (o), 20.445 (1) (gd), 20.445
8(3) (L), 20.445 (3) (Lm), 40.51 (8), 46.03 (21), 46.215 (1) (k), 46.22 (1) (b) 2. a.,
946.22 (1) (b) 2. d., 46.25 (6), 46.25 (7m), 46.258 (1), 46.258 (2) (a) 1., 46.495 (1)
10(d), 46.979 (1), 46.98 (1) (b), 46.98 (2) (a), 46.98 (2m) (a), 46.98 (3) (c), 46.98 (4)
11(a) 2., 46.98 (4) (d), 46.98 (4g) (b), 46.986 (1) (b), 46.986 (1) (m), 46.987 (1) (a),
1246.987 (2) (a), 46.995 (2) (c), 48.427 (3) (a) 5., 48.428 (2), 48.428 (4), 48.57 (3p)
13(g) (intro.), 48.651 (1) (intro.), 48.981 (2), 49.015 (2), 49.124 (2), 49.125 (1), 49.19
14(4) (h) 1. b., 49.19 (4e) (a), 49.191 (1) (b), 49.191 (2), 49.193 (2) (a), 49.193 (4) (g),
1549.193 (4) (j) 4., 49.193 (6) (c), 49.193 (7), 49.193 (8) (a), 49.193 (8) (bm), 49.195
16(title), 49.195 (1), 49.195 (3), 49.197 (3), 49.26 (title), 49.26 (1) (e), 49.26 (1) (g)
1(intro.), 49.26 (1) (g) 1., 49.26 (1) (gm) (intro.), 49.26 (1) (h) 1. (intro.), 49.26 (1)
2(h) 1. a., 49.26 (1) (h) 1m. (intro.), 49.26 (1) (hm), 49.26 (1) (hr), 49.27 (3) (a), (b)
3and (c) and (4) (a) (intro.), 49.27 (6) (c), 49.30 (1) (intro.), 49.32 (7) (a), 49.32 (9)
4(a), 49.32 (9) (b), 49.32 (10) (title), 49.33 (1) (b), 49.33 (1) (c), 49.33 (2), 49.33 (8)
5(a), 49.36 (title), 49.36 (2), 49.36 (3) (a), 49.36 (3) (g), 49.36 (4), 49.36 (5), 49.36
6(6), 49.36 (7), 49.45 (6m) (br) 1., 49.46 (1) (a) 1., 49.46 (1) (a) 1m., 49.46 (1) (a)
75., 49.46 (1) (a) 6., 49.46 (1) (a) 9., 49.46 (1) (a) 10., 49.46 (1) (a) 11., 49.46 (1) (a)
812., 49.46 (1) (a) 13., 49.46 (1) (cg), 49.46 (1) (cs), 49.46 (1) (d) 1., 49.47 (1), 49.47
9(4) (a) (intro.), 49.47 (4) (c) 2., 49.50 (6g), 49.50 (6k) (a), 49.50 (6k) (b), 49.50 (7)
10(e), 49.52 (1) (d), 49.83, 49.84 (5), 49.85 (1), 49.85 (2) (b) and (3) (b) 1., 49.95 (4m)
11(a), 49.95 (11), 49.96, 59.07 (97), 60.23 (25), 66.184, 71.54 (2) (a) (intro.), 106.21
12(1) (g), 106.215 (1) (fm), 108.16 (2) (b), 108.18 (1) (a), 108.19 (1) and (1m), 108.20
13(2m), 111.70 (1) (a), 115.347, 115.40 (4) (b), 115.40 (4) (c) 1., 115.45 (3m) (a) 2.,
14119.82 (1) (a) 2., 120.13 (2) (g), 120.13 (14), 120.13 (27m), 185.981 (4t), 185.983
15(1) (intro.), 230.04 (13) (a) and (e) 1. and 2., 230.147 (1), 230.147 (2), 230.147 (3),
16600.01 (2) (b), 628.34 (3) (a), 628.34 (3) (b), 632.76 (2) (a), 632.896 (4), 767.045
17(1) (c) 1., 767.075 (1) (c), 767.077 (intro.), 767.078 (1) (a) 2., 767.15 (1), 767.24
18(6) (c), 767.29 (1m) (c), 767.29 (2), 767.29 (4), 767.32 (1) (a), 767.32 (1) (b) 1.,
19767.47 (6) (a) and (b), 799.40 (4), 814.61 (13) and 948.22 (4) (b);
to repeal and
20recreate 20.435 (4) (d), 20.445 (3) (d), 48.57 (3m) (a), (am) (intro.), (d) and (e),
2149.191 (3) (a) and (b) and 49.193 (8) (bm); and
to create 16.39 (4) (bm), 16.75
22(6) (bm), 16.841 (1) (b), 20.445 (1) (gg), 20.445 (3) (dy), 20.445 (3) (dz), 20.445 (3)
23(e), 20.445 (3) (em), 20.445 (3) (jm), 20.445 (3) (my), 40.51 (8m), 46.215 (1g),
2446.22 (1g), 46.261, 46.98 (1) (at), 46.98 (1) (bd) and (bf), 46.98 (1) (cm), 46.98 (4)
25(am), 46.98 (4) (b) 1., 2. and 3., 46.98 (4) (bm), 46.98 (4) (bt), 46.98 (4) (bu), 46.98
1(4) (dg) and (dm), 46.98 (6), 48.40 (1m), 48.57 (3m), 48.57 (3p), 48.57 (3t), 48.65
2(1m), 48.651 (1) (a) and (b), 48.651 (2), 49.001 (9), 49.124 (1m) (b) and (bm),
349.124 (1m) (c), 49.124 (1m) (cm), 49.124 (1p), 49.138 (title), (2) and (3), 49.141,
449.143, 49.145, 49.146, 49.147, 49.148, 49.149, 49.151, 49.152, 49.153, 49.155,
549.157, 49.159, 49.161, 49.185, 49.19 (4e) (c), 49.19 (20) (b), 49.193 (2) (am),
649.193 (4) (k) 1m., 49.193 (4m), 49.193 (6) (e), 49.193 (9m) (ag), 49.193 (12),
749.21 (1) (c), 49.25 (10), 49.26 (1) (h) 1s., 49.27 (13), 49.32 (10) (b), 49.46 (1) (a)
84m., 49.46 (1) (a) 6m., 49.46 (1) (a) 16., 49.46 (1) (am) 3., 49.46 (1) (cb), 49.46 (1)
9(co) 4., 49.46 (1) (cr) 2., 49.46 (1) (e) 2., 49.465 (7), 49.47 (4) (ag), 49.47 (4) (an),
1049.77 (3v), 71.07 (9e) (em), 102.07 (17), 102.07 (18), 102.29 (8m), 108.16 (6) (L),
11108.16 (11), 108.22 (1) (g), 111.70 (4) (n), 111.91 (2) (k), 227.01 (13) (zs), 632.745,
12632.747, 632.749 and 767.075 (1) (cm) of the statutes;
relating to: creating a
13new public assistance program for families with dependent children, modifying
14the sunset of the aid to families with dependent children program, modifying
15administration of the food stamp program, modifying the eligibility
16requirements of certain recipients of medical assistance, creating a program to
17provide payment to a relative, other than a parent, who is providing care and
18maintenance for a child, modifying the postsecondary education and vocational
19skills training option in the job opportunities and basic skills program, applying
20the learnfare provisions statewide to certain individuals who are 6 to 19 years
21of age, background investigations of day care center licensees, contractors,
22employes, prospective employes and adult residents, modifying eligibility
23requirements for low-income and at-risk child care, grants to certain
24individuals for vocational training or education, group health insurance
25reform, creating a tax exemption, making modifications to the job opportunities
1and basic skills program, making modifications to the food stamp employment
2and training program, allowing advance payments of the earned income tax
3credit, providing an exemption from emergency rule procedures, providing an
4exemption from rule-making procedures, granting rule-making authority,
5making appropriations and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB591-ASA3, s. 2h
6Section 2h. 13.94 (4) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts
727 and 56, is amended to read:
AB591-ASA3,4,208
13.94
(4) (a) 1. Every state department, board, examining board, affiliated
9credentialing board, commission, independent agency, council or office in the
10executive branch of state government; all bodies created by the legislature in the
11legislative or judicial branch of state government; any public body corporate and
12politic created by the legislature including specifically a professional baseball park
13district;
every Wisconsin works agency under subch. III of ch. 49; every provider of
14medical assistance under subch. IV of ch. 49; technical college district boards;
15development zones designated under s. 560.71; every county department under s.
1651.42 or 51.437; every nonprofit corporation or cooperative to which moneys are
17specifically appropriated by state law; and every corporation, institution, association
18or other organization which receives more than 50% of its annual budget from
19appropriations made by state law, including subgrantee or subcontractor recipients
20of such funds.
AB591-ASA3,5,6
113.94
(4) (b) In performing audits of
Wisconsin works agencies under subch.
2III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations,
3institutions, associations, or other organizations, and their subgrantees or
4subcontractors, the legislative audit bureau shall audit only the records and
5operations of such providers and organizations which pertain to the receipt,
6disbursement or other handling of appropriations made by state law.
AB591-ASA3,5,98
16.39
(4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which
9one member is a participant under s. 49.147 (3) to (5).
AB591-ASA3, s. 4
10Section
4. 16.75 (6) (bm) of the statutes is created to read:
AB591-ASA3,5,1611
16.75
(6) (bm) If the secretary determines that it is in the best interest of this
12state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
1316.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by
14the department of health and social services under s. 49.143, if the department of
15health and social services presents the secretary with a process for the procurement
16of contracts under s. 49.143 and the secretary approves the process.
AB591-ASA3, s. 5
17Section
5. 16.75 (6) (bm) of the statutes, as created by 1995 Wisconsin Act ....
18(this act), is amended to read:
AB591-ASA3,5,2519
16.75
(6) (bm) If the secretary determines that it is in the best interest of this
20state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
2116.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by
22the department of
health and social services industry, labor and job development 23under s. 49.143, if the department of
health and social services industry, labor and
24job development presents the secretary with a process for the procurement of
25contracts under s. 49.143 and the secretary approves the process.
AB591-ASA3, s. 6
1Section
6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and
2amended to read:
AB591-ASA3,6,33
16.841
(1) (intro.) In this section
, "agency":
AB591-ASA3,6,4
4(a) "Agency" has the meaning given in s. 16.70 (1).
AB591-ASA3,6,76
16.841
(1) (b) "Child care provider" means a provider licensed under s. 48.65,
7certified under s. 48.651 or established or contracted for under s. 120.13 (14).
AB591-ASA3,6,139
16.841
(2) The department shall contract with one or more child care providers
,
10as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for
11child care services to be offered to the children of employes of agencies whose work
12stations are located in an area designated by the department comprising the central
13portion of the city of Madison.
AB591-ASA3,8,23
20.435
(1) (b)
Medical assistance program benefits. Biennially, the amounts in
4the schedule to provide the state share of medical assistance program benefits
5administered under s. 49.45, to provide medical assistance program benefits
6administered under s. 49.45 that are not also provided under par. (o)
, to provide
7health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9)
8and (10)
. Notwithstanding s. 20.002 (1), the department may transfer from this
9appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for
10the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1),
11the department may credit or deposit into this appropriation and may transfer
1between fiscal years funds that it transfers from the appropriation under sub. (3) (kb)
2for the purposes specified in s. 46.485 (3r).
AB591-ASA3,8,124
20.435
(1) (bm)
Medical assistance administration. Biennially, the amounts
5in the schedule to provide the state share of administrative contract costs for the
6medical assistance program under s. 49.45
and health care coverage under s. 49.153 7and to reimburse insurers for their costs under s. 49.475. No state positions may be
8funded in the department of health and social services from this appropriation,
9except positions for the performance of duties under a contract in effect before
10January 1, 1987, related to the administration of the medical assistance program
11between the subunit of the department primarily responsible for administering the
12medical assistance program and another subunit of the department.
AB591-ASA3,8,1614
20.435
(1) (o)
Federal aid; medical assistance. All federal moneys received for
15meeting costs of medical assistance administered under s. 49.45
and for meeting the
16costs of health care coverage under s. 49.153.
AB591-ASA3,9,719
20.435
(4) (d)
Income maintenance payments to individuals. Biennially, the
20amounts in the schedule to provide state aid for county administered public
21assistance programs under s. 49.52 and to provide reimbursement to counties for the
22cost of foster care and treatment foster care provided by nonlegally responsible
23relatives under state or county administered programs, if the relatives are licensed
24to operate foster homes or treatment foster homes under s. 48.62. Total payments
25under this paragraph to a county for the reimbursement of nonlegally responsible
1relative foster care costs incurred in a calendar year may not exceed the amount for
2which the county was reimbursed under this paragraph for nonlegally responsible
3relative foster care costs incurred in 1994. Disbursements for public assistance may
4be made directly from this appropriation including the state and county share under
5s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a)
6shall be returned to this appropriation. The receipt of the counties' payments for
7their share under s. 46.03 (20) shall be returned to this appropriation.
AB591-ASA3,9,189
20.445
(1) (gd)
Unemployment interest and penalty payments. From the
10moneys received as interest and penalties collected under ss. 108.04 (11) (c) and
11108.22 and assessments under s. 108.19 (1m), all moneys not appropriated under
12par. (ge) and (gf) for the payment of benefits specified in s. 108.07 (5) and
1987
13Wisconsin Act 38, section
132 (1) (c), for the payment of interest to employers under
14s. 108.17 (3m)
, for the cost of administration of s. 108.16 (11) and for the payment of
15interest due on advances from the federal unemployment account under title XII of
16the social security act to the unemployment reserve fund, and for payments made to
17the unemployment reserve fund to obtain a lower interest rate or deferral of interest
18payments on these advances, except as otherwise provided in s. 108.20.
AB591-ASA3,9,2120
20.445
(1) (gg)
Earned income tax credits. A sum sufficient to pay estimated
21earned income tax credits lawfully claimed under s. 108.16 (11).
AB591-ASA3,9,2524
20.445
(3) (d)
Income maintenance payments to individuals. Biennially, the
25amounts in the schedule to provide state aid for county administered public
1assistance programs for which reimbursement is provided under s. 49.33 (9) and for
2kinship care under s. 48.57 (3m) and to provide reimbursement to counties for the
3cost of foster care and treatment foster care provided by nonlegally responsible
4relatives under state or county administered programs, if the relatives are licensed
5to operate foster homes or treatment foster homes under s. 48.62. Total payments
6under this paragraph to a county for the reimbursement of nonlegally responsible
7relative foster care costs incurred in a calendar year may not exceed the amount for
8which the county was reimbursed under this paragraph for nonlegally responsible
9relative foster care costs incurred in 1994. Disbursements for public assistance may
10be made directly from this appropriation including the state and county share under
11s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a)
12shall be returned to this appropriation. The receipt of the counties' payments for
13their share under s. 46.03 (20) shall be returned to this appropriation.
AB591-ASA3,10,1715
20.445
(3) (dy)
Kinship and foster care assessments. The amounts in the
16schedule for foster care assessments and for kinship care assessments under s. 48.57
17(3m).
AB591-ASA3,10,2119
20.445
(3) (dz)
Wisconsin works administration and benefits. The amounts in
20the schedule for administration and benefit payments under Wisconsin works under
21ss. 49.141 to 49.161.
AB591-ASA3,10,2423
20.445
(3) (e)
Job access loans. Biennially, the amounts in the schedule for job
24access loans under s. 49.147 (6).
AB591-ASA3,11,2
120.445
(3) (em)
Employment skills advancement program. The amounts in the
2schedule for the employment skills advancement program under s. 49.185.
AB591-ASA3,11,74
20.445
(3) (jm)
Wisconsin works fees. The amounts in the schedule for
5administration and benefit payments under Wisconsin works under ss. 49.141 to
649.161. All moneys received from fees and other payments under ss. 49.141 to 49.161
7shall be credited to this appropriation.
AB591-ASA3,11,1510
20.445
(3) (L)
Welfare fraud and error reduction; state operations. From the
11moneys received as the state's share of the recovery of overpayments and incorrect
12payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), the amounts in
13the schedule for the department's activities to reduce error and fraud in the food
14stamp, aid to families with dependent children
, Wisconsin works program and
15medical assistance programs.
AB591-ASA3,11,2318
20.445
(3) (Lm)
Welfare fraud and error reduction; local assistance. From the
19moneys received as the state's share of the recovery of overpayments and incorrect
20payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), all moneys not
21appropriated under par. (L) for county and tribal activities to reduce error and fraud
22in the food stamp, aid to families with dependent children
, Wisconsin works program 23and medical assistance program.
AB591-ASA3,12,3
120.445
(3) (my)
Federal program assistance. All moneys received from the
2federal government or any of its agencies for foster care and kinship care
3investigations and assessments, for the purposes for which received.
AB591-ASA3,12,75
40.51
(8) Every health care coverage plan offered by the state under sub. (6)
6shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2),
632.745 (1) to (3) and (5),
7632.747, 632.87 (3) to (5), 632.895 (5m) and (8) to (10) and 632.896.
AB591-ASA3,12,109
40.51
(8m) Every health care coverage plan offered by the group insurance
10board under sub. (7) shall comply with ss. 632.745 (1) to (3) and (5) and 632.747.
AB591-ASA3,12,1912
46.03
(21) Day care standards. Promulgate rules establishing standards for
13the certification of day care providers under s. 48.651.
The standards established
14under this subsection shall be less restrictive than those for day care providers
15licensed under s. 48.65 and shall be in accordance with s. 48.651. The standards
16established under this subsection shall clearly differentiate the 2 levels of certified
17family day care specified under s. 48.651 and shall clearly differentiate the 2 levels
18of certified family day care from any levels of licensed day care established under s.
1948.67.
AB591-ASA3,12,2421
46.215
(1) (k)
To Except as provided under sub. (1g), certify eligibility for and
22issue food coupons to needy households in conformity with the federal food stamp act
23of 1964 as amended, and, in addition, the county department of social services may
24certify eligibility for and distribute surplus commodities and food stuffs.
AB591-ASA3,13,4
146.215
(1g) Administration of food stamps for participants in Wisconsin
2works. The Wisconsin works agency, as defined in s. 49.001 (9), shall certify
3eligibility for and distribute food coupons under s. 49.143 (2) (e) to eligible
4participants in the Wisconsin works program under subch. III of ch. 49.
AB591-ASA3,13,97
46.22
(1) (b) 2. a. To administer aid to families with dependent children under
8s. 49.19.
This subdivision paragraph does not apply beginning on the first day of the
96th month beginning after the date stated in the notice under s. 49.141 (2) (d).