The bill also allows DNR to promulgate a rule to charge an additional fee for
applications for permits for various projects that affect wetlands or that affect
navigable waters, such as the placement of structures or deposits in lakes and rivers.
DNR may charge this fee if an applicant requests that DNR make a determination
whether to grant the permit in a shorter time than the time period established by
DNR by rule and if DNR can comply with the request.
Current law prohibits mining for metallic minerals without a mining permit
issued by DNR. DNR is required to issue a mining permit if it makes certain findings,
including that the proposed mine will comply with all applicable air, water and solid
and hazardous waste laws.
This bill requires that DNR also find: 1) that proven technology exists to ensure
that the proposed mine will not pollute groundwater or surface water from acid
drainage or from the release of heavy metals; and 2) that the proposed mine will use
that technology.
Current law requires DNR to promulgate rules relating to nonmetallic mining
reclamation. "Nonmetallic mining" is the extraction of nonmetallic substances such
as stone and gravel. The rules must include the text of a nonmetallic mining
ordinance. Counties are generally required to enact ordinances in strict conformity
with the text of the ordinance. This bill eliminates the requirement that DNR
promulgate the text of a nonmetallic mining ordinance by rule. The bill generally
requires counties to enact ordinances that comply with DNR's nonmetallic mining
reclamation rules.
Under current law, nonmetallic mining reclamation standards and a local
nonmetallic mining reclamation ordinance apply to portions of a nonmetallic mining
site that were mined before the ordinance took effect as well as to portions of a site
that are mined after that date, but the standards that apply to portions of a site that
were mined before the effective date are not as stringent. Under this bill, nonmetallic
mining reclamation standards and ordinances only apply to areas that are used for
nonmetallic mining, or for purposes related to nonmetallic mining, on or after the
date on which the bill becomes law. Under the bill, there are no longer different
reclamation standards for areas depending on when they are mined.
Current law authorizes a landowner to register land that has an economically
viable nonmetallic mineral deposit with the register of deeds. Once land is
registered, a local governmental unit may not, by zoning, rezoning or other official
action, permit the erection of structures on the land, or permit other uses of the land,
in a manner that would permanently interfere with the extraction of the mineral
deposit. This does not prohibit a use of the land that is permissible under the zoning
in effect when the land is registered. A registration may not be rescinded.
Under this bill, land may be registered only if it has a marketable nonmetallic
mineral deposit, as determined by a registered geologist or engineer, and if
nonmetallic mining is a permitted or conditional use for the land under the zoning
in effect when the land is registered. Registration lasts for 10 years and may be
renewed for one 10-year period without review of the marketability of the deposit
or the zoning of the land. Under the bill, a local governmental unit may change the
zoning of land that is registered, if the zoning change is necessary to implement a
master plan, comprehensive plan or land use plan that was adopted at least one year
before the rezoning. The zoning change does not take effect during the registration
period in effect when the zoning is changed or during any remaining renewal period,
if the land is eligible for a renewal.
Under current law, the department of transportation administers a motor
vehicle emission inspection and maintenance program in counties in which the air
quality does not meet federally mandated standards. Certain motor vehicles are
required to be inspected for vehicle emissions and to comply with emission
limitations adopted by DNR. Various categories of vehicles are exempt from the
program, including motor vehicles that weigh more than 14,000 pounds. This bill
exempts farm trucks from the motor vehicle emission inspection and maintenance
program.
This bill creates an environmental science council in DOA. The council advises
the governor and state agencies on issues relating to the environment and natural
resources.
This bill creates an environmental performance council in DNR. The council
advises the governor and the secretary of natural resources concerning efforts to
improve the environmental performance of businesses and local governments and
concerning environmental management systems.
Gambling
Under current law, the gaming board is responsible for policy making and rule
making relating to, and for the day-to-day operations of, pari-mutuel racing and
wagering, charitable gaming (bingo and raffles) and crane games. In addition, the
gaming board is responsible for policy making and rule making with respect to the
state lottery. (The department of revenue (DOR) is responsible for the day-to-day
operations of the state lottery.) Finally, the gaming board is responsible for
coordinating all of the state's regulatory activities regarding Indian gaming;
functioning as an Indian gaming liaison among Indians, the general public and the
state; functioning as a clearinghouse for information on Indian gaming and assisting
the governor in determining the types of gaming that may be conducted on Indian
lands; and entering into Indian gaming compacts.
This bill eliminates the gaming board and transfers the racing, charitable
gaming, crane games and Indian gaming authority to the department of
administration (DOA). In addition, the bill transfers the rule-making and
policy-making authority over the state lottery to DOR.
Under the bill, all employe positions of the gaming board become employe
positions of DOA, with the incumbent employes holding the positions in the gaming
board being transferred to DOA.
Under current law, the basic compensation that is paid to a retailer that sells
lottery tickets or lottery shares is 5.5% of the retail price of the lottery tickets or
lottery shares sold by the retailer. This bill raises this compensation amount to 6%
for tickets for scratch-off or instant games, retains the 5.5% compensation for
on-line lottery tickets or lottery shares and authorizes the payment of an additional
0.5% compensation for any games, tickets or shares to retailers that meet certain
sales or marketing goals established, by rule, by DOR.
Under current law, no more than an amount generally equal to 15% of the gross
revenues from the sale of lottery tickets and lottery shares may be used to pay the
expenses for the operation and administration of the state lottery, unless the joint
committee on finance approves an amount greater than 15%. This bill reduces the
15% expense limitation for the operation and administration of the state lottery to
9%, but provides that the compensation paid to retailers who sell lottery tickets or
lottery shares is no longer included in the calculation of the expense limitation.
Under current law, the state may participate in any multistate lottery if that
multistate lottery is in conformity with the requirements of the Wisconsin state
lottery. A multistate lottery is a lottery in which more than one state of the United
States participates. This bill provides that the state may participate in any
multijurisdictional lottery if the lottery is in conformity with the requirements of the
Wisconsin state lottery. A multijurisdictional lottery is a lottery in which more than
one state of the United States, the District of Columbia, the Commonwealth of Puerto
Rico or any territory or possession of the United States or the government of Canada
or any province thereof participates.
Under current law, no person who provides management consultation services
to DOR relating to bids or sealed proposals to supply goods or services to the state
lottery may have any ownership interest in, or any partners, members or
shareholders who have any ownership interest in, any vendor that is under contract
to supply or that submits a bid or competitive sealed proposal to supply those goods
or services.
This bill provides that no person who provides management consultation
services to DOR relating to bids or sealed proposals to supply goods or services to the
state lottery may have an ownership interest of 5% or more in, or any partners,
members or shareholders who have an ownership interest of 5% or more in, any
vendor that is under contract to supply or that submits a bid or competitive sealed
proposal to supply those goods or services.
Under current law, the gaming board is required to promulgate rules for the
selection of lottery retailers on the basis of objective criteria. The rules may not limit
the number of retailers solely on the basis of the population of the municipality in
which the retailer is located. In addition, the rules must include requirements
concerning the financial responsibility of the retailer; the security of the retailer and
the retailer's business; the accessibility of the retailer's location to the public; the
sufficiency of retailers to serve public convenience; the volume of expected lottery
ticket and lottery share sales; the qualifications of retailers; and avoidance of an
undue concentration of retailers in any geographic area of the state.
This bill retains the requirement that rules must be promulgated for the
selection of lottery retailers on the basis of objective criteria, but eliminates all of the
current requirements concerning the contents of the rules.
health and human services
Health
This bill creates a program under which the department of health and family
services (DHFS) awards grants to persons who provide health care screening,
referral, follow-up and patient education to low-income uninsured women. The bill
requires DHFS to conduct a campaign to increase women's health issues awareness
and to reduce the prevalence of chronic and debilitating health conditions that affect
women. Lastly, the bill creates a grant program for the conduct of projects to enhance
community activities in establishing and maintaining a comprehensive women's
health program.
Under the current state public health funding program, DHFS must award up
to $250,000 in fiscal year 1996-97 as grants to local health departments, with a 25%
matching requirement, to provide primary health care services. This bill eliminates
the state public health funding program.
Under current law, DHFS is responsible for the statewide administration of the
long-term support community options program, which is implemented by counties.
The program provides for assessments of persons to determine if community-based
services are appropriate to meet their needs for long-term support.
This bill permits DHFS to establish in certain geographic areas a pilot program
under which DHFS may contract with a private or public entity to serve as a
clearinghouse of information for persons who are interested in home or
community-based long-term support services or institutional long-term care. In
counties where the pilot program is established, the entity with which DHFS
contracts must perform the assessments required under the long-term support
community options program and must collect information specified by DHFS and
provide that information to DHFS.
The bill provides that no nursing home or community-based residential facility
that is located in an area where the pilot project is established may admit a patient
or resident unless the patient or resident has received an assessment performed by
the contracting entity or is exempt or has waived the assessment.
Under current law, DHFS certifies hospitals and certain adult family homes
and licenses nursing homes, hospices, community-based residential facilities
(C-BRFs), home health agencies, rural medical centers and certain other adult
family homes. Each facility so licensed or certified must pay a fee for initial licensure
or certification and, if subject to renewal of licensure, a license renewal fee, except
that hospitals and nursing homes pay annual fees based on the number of beds for
which the hospitals or nursing homes are licensed. This bill permits DHFS to
continue in force a license for a facility unless the facility fails to meet standards for
operation or other requirements of licensure and DHFS suspends or revokes the
licensure. Each facility subject to licensure is required, under the bill, to pay license
fees that correspond to the license renewal fees previously required.
Currently, under the birth and developmental outcome monitoring program,
under certain conditions physicians and nurses must report to DHFS if a child under
the age of 6 has a condition that results from an adverse neonatal outcome such as
low birth weight, has a birth defect or has a developmental disability or other severe
disability. Using certain federal block grant moneys, DHFS must develop and
implement a system for collecting, updating and analyzing this information,
disseminate the information and coordinate data dissemination activities with those
of DPI. This bill eliminates the birth and developmental outcome monitoring
program.
Under current law, DHFS administers a breast cancer screening program,
which includes an annual grant to the city of Milwaukee public health department
for the performance of breast cancer screening activities with the use of a mobile
mammography van. This bill requires DHFS also to award under this program a
grant of $500,000 in fiscal year 1997-98 and $100,000 in fiscal year 1998-99 to an
applying entity for the performance of breast cancer screening activities with the use
of a mobile mammography van.
Under current law, a person may make an anatomical gift that authorizes, at
death, the donation of all or a part of the person's body for use by another. In addition,
a coroner or medical examiner may, under certain circumstances, permit the removal
of a body part from a person who has died. In both of these circumstances, the
removal of the body part must be made by a licensed physician, except that an eye
may be removed by an enucleator. This bill permits a technician to remove human
tissue, except eyes, or human bone that has been donated by anatomical gift or
authorized for removal by a coroner or medical examiner. The technician must have
been appropriately trained to remove or process the tissue or bone and may act only
under the direction or supervision of a physician.
Under current statutes, at least 24 hours before a woman may obtain a lawful
abortion, the attending physician, another physician or a person assisting the
attending physician must tell her certain information and must provide her with
written information that DHFS must publish and distribute. Among other things,
the material must state that it is unlawful for any person to coerce a woman to
undergo an abortion, and the physician or assistant must orally state that a woman
has a legal right to place her child in foster care or place the child with a relative for
adoption.
Under this bill, the materials must state that it is unlawful to perform an
abortion for which consent has been coerced. The attending physician, a person
assisting him or her or another physician must orally state that a woman has the
legal right to place her child in a foster home or treatment foster home for 6 months
or to petition a court for placement of the child in a foster home, treatment foster
home or group home or with a relative, or to place the child for adoption under a
process that involves court approval both of the voluntary termination of parental
rights and of the adoption.
Under current law, DHFS is permitted to charge a fee for the written materials
that it must publish and distribute and that must be provided to a woman at least
24 hours before she obtains a lawful abortion. The fee may not exceed the actual cost
of the preparation and distribution of those materials. County departments are
required to distribute the materials and may charge a fee not to exceed the actual cost
of preparation and distribution of the materials. This bill deletes authorization for
DHFS and for county departments to charge a fee for the materials.
Currently, under Karlin v. Foust, No. 96-C-0374-C, 1996 U.S. Dist. (W.D. Wis.
filed May 1, 1996), enforcement of the requirement to provide the materials and of
the requirement that the woman receive the materials at least 24 hours prior to
obtaining an abortion has been temporarily restrained.
Under current law, DHFS may impose daily forfeitures (civil monetary
penalties) on a C-BRF licensee who violates the laws relating to C-BRFs. Currently,
the C-BRF licensee must pay all forfeitures within 10 days after receipt of the notice
of assessment, or, if the forfeiture is contested, within 10 days after receipt of a final
administrative decision ordering payment, unless the decision is appealed and the
decision is stayed by a court order.
This bill permits a C-BRF licensee against whom a forfeiture has been assessed
to make alternative arrangements acceptable to DHFS for the payment of the
forfeiture. The bill requires DHFS not to continue a C-BRF license if, on the date
that the licensing fee is due, the C-BRF has any forfeitures that are due and have
not been paid.
Under current law, DHFS may establish a fee for each workshop or seminar
that it provides relating to the provision of services by C-BRFs and nursing homes.
This bill allows DHFS to establish a fee for each workshop or seminar that it provides
relating to the provision of services by assisted living facilities, adult family homes,
hospitals, home health agencies, rural medical centers and hospices.
Under current law, DHFS subsidizes continuation coverage premiums for
certain persons infected with human immunodeficiency virus (HIV). Continuation
coverage is coverage under an employer-provided group health insurance plan that
an employe, who would otherwise lose coverage because of a reduction in hours or
termination of employment, may continue upon payment of the applicable
premiums. To be eligible for premium subsidies, a person with an HIV infection must
be a state resident who has a family income that does not exceed 200% of the federal
poverty line, who is not eligible for medicare and who does not have insurance
coverage other than under the plan for which he or she is eligible for continuation
coverage or under a group or individual plan that offers a substantial reduction in
the covered services from the plan for which he or she is eligible for continuation
coverage. His or her employment must have been terminated, or his or her hours
must have been reduced, because of an illness or medical condition arising from or
related to the HIV infection. Premium subsidies for an eligible person may be paid
by DHFS until the person's continuation coverage ceases or until the expiration of
29 months after his or her continuation coverage began, whichever occurs first.
This bill expands eligibility for, and uses of, premium subsidies. A state
resident who has an HIV infection may be eligible for premium subsidies even if he
or she is eligible for medicare. The person's family income may not exceed 300% of
the federal poverty line, rather than 200%. However, if the person's family income
exceeds 200% of the federal poverty line, he or she must pay a portion of the premium
for the insurance coverage. The amount that the person pays is determined
according to a schedule established by DHFS, taking into consideration both income
level and family size. Premium subsidies are no longer limited to continuation
coverage. With the exceptions of medicare, medicare replacement policies and
long-term care insurance policies, premium subsidies may be paid for any health
insurance coverage, whether group or individual, that a person who fulfills all of the
other eligibility requirements has coverage under or is eligible for, including a
medicare supplement policy. The level of services covered under the policy does not
matter. In addition, premium subsidies may be paid for as the long as the person
remains eligible and has the coverage.
Under current law, the state registrar is required to accept for registration,
assign a date of acceptance, index and preserve original certificates of birth and
death, original marriage documents and original divorce reports. Numerous
provisions of the vital statistics laws require use of original vital records. Mutilating
or destroying an original birth or death certificate is punishable by a fine or up to 2
years imprisonment, or both.
This bill authorizes the state registrar to transfer to optical disk or electronic
format, in accordance with procedures and standards prescribed by the department
of administration, the paper originals of certificates of birth, death, divorce or
annulment, marriage documents, fetal death reports and related reports and to
destroy the originals of vital records that are transferred to optical disk or electronic
format. The bill also authorizes the state registrar to microfilm the paper originals
of these vital records, if so approved by the public records board. Lastly, the bill
provides that copies of vital records that have been converted to optical disk or
electronic format serve as the original vital records for purposes of the vital statistics
laws.
Under current law, DHFS may not approve for occupancy more than 22,516
hospital beds. Currently, a person may obligate for a capital expenditure, by or on
behalf of a hospital, to renovate or replace existing approved beds of the hospital or
to undertake new construction if the renovation, replacement or new construction
does not increase the approved bed capacity of the hospital. A person may also
obligate for a capital expenditure or implement services that increase the approved
bed capacity of a hospital if the capital expenditure or services are necessitated by
a transfer of beds from a public hospital that is operated by a county with a
population of 500,000 or more (Milwaukee County) to a private hospital and if the
resulting combined total number of approved beds in the 2 hospitals does not
increase. Currently, no person may transfer approved beds of a hospital to a facility
that is associated with the hospital.
This bill eliminates the cap on the number of hospital beds that DHFS may
approve. The bill also removes the bed capacity restrictions on capital expenditures
obligated by or on behalf of a hospital.
Under current law, DHFS must analyze occurrences, trends and patterns of
acute, communicable or chronic diseases, maternal and child health, injuries and
occupational and environmental hazards and distribute information based on these
analyses. This bill authorizes DHFS to charge reasonable fees for the analysis and
provision of health, occupational and environmental data.
Public assistance
Under current law, the department of industry, labor and job development
(DILJD) administers the food stamp employment and training program under which
certain food stamp recipients aged 18 to 60 may be required to work or participate
in job training. Currently, DILJD is authorized, to the extent permitted by federal
law or waiver, to distribute food stamp benefits based on the number of hours that
an individual participates in the work or training requirement, a method commonly
referred to as "pay-for-performance".
This bill expands the food stamp benefit distribution methods to include use of
not more than $300 of a household's food stamp benefit amount as a wage subsidy
to be paid to an employer of a member of the household who is employed by that
employer as a participant in a Wisconsin works (W-2) employment position. W-2
is this state's replacement program for the aid to families with dependent children
(AFDC) program. Participants in W-2 employment positions receive a cash benefit
based on work participation rather than family size, as under AFDC. The bill also
permits DILJD to distribute food stamp benefits as cash to households in which: 1)
a member has been employed in unsubsidized employment for at least 90 days, has
earned at least $350 per month for the last 90 days and continues to earn at least
$350 per month; or 2) a member is a participant in a W-2 employment position or
was a participant in a W-2 employment position but became ineligible solely because
of earnings. DILJD may not implement either of these methods of distribution,
however, until the secretary of administration reviews and approves a plan
submitted to DOA by DILJD detailing how DILJD will implement the distribution
methods and what the fiscal impact of those methods will be.
The bill also modifies the eligibility requirements under the food stamp
program. Under the bill, an individual is disqualified from the food stamp program
for noncompliance with the work requirements of the program. For the first
occurrence of noncompliance, the ineligibility period is one month; for the 2nd
occurrence, 3 months; and for the 3rd and subsequent occurrences, 6 months.
In addition, under the bill, in order to be eligible for food stamp benefits, a
person who is a custodial parent of a child who is under the age of 18 and who has
an absent parent, a person who is a noncustodial or putative parent of a child who
is under the age of 18 or a person who lives with and exercises parental control over
a child who is under the age of 18 and who has an absent parent must cooperate with
efforts to establish the paternity of the child and with efforts to secure any support
to which the person or child may have rights.
Finally, under the bill, DILJD must require an applicant for the food stamp
program to state in writing whether the applicant or any member of the applicant's
household has been convicted in any state or federal court of a felony that has as an
element possession, use or distribution of a controlled substance (dangerous drug).
A person who, after August 22, 1996, has been convicted of such a felony is ineligible
for food stamps and, in determining a household's eligibility for food stamps, the
needs of that person are not considered. However, the person's income and resources
are considered to be available to the household. The period of ineligibility or
disregard of the person's needs continues for at least 12 months, but must end after
12 months if the person submits to a test for drug use and the results of the test are
negative.
Under current law, a county department of social or human services is required
to certify eligibility for and issue food coupons to needy households, except that a W-2
agency (the agency with which DILJD contracts to administer W-2) is required to
certify eligibility for and issue food coupons to eligible participants in the W-2
program.
This bill requires a W-2 agency also to certify eligibility for and issue food
coupons to: 1) persons who may be required to participate in the food stamp
employment and training program; and 2) other persons who are under the age of
61 and who are not disabled.
Currently, certain offenses under the food stamp program are punishable by
fines or imprisonment or both. The maximum punishment for an offense involving
food coupons having a value of more than $100 is a fine of not more than $10,000 or
imprisonment for not more than 5 years or both. In addition, a court may suspend
a person who violates the food stamp provisions from participation in the food stamp
program for up to 18 months.
Under federal law, an offense involving food coupons having a value of $5,000
or more is punishable by a fine of not more than $250,000 or imprisonment for not
more than 20 years or both. Also, under federal law, a person who violates certain
provisions of the food stamp program must be suspended from the program for one
year for the first offense, 2 years for the 2nd offense and permanently for the 3rd
offense. Upon conviction of an offense under the federal law involving food coupons,
authorization cards or access devices having a value of $500 of more, the person must
be suspended from the program permanently. Additionally, under federal law, a
person who a court determines has traded a controlled substance for food coupons
must be suspended from the food stamp program for 2 years upon the first
determination and permanently upon a 2nd determination. A person who a court
determines has traded firearms, ammunition or explosives for food coupons must be
permanently suspended from the program.
In addition, under federal law, a person who is a fugitive felon is ineligible for
the food stamp program or for any program for which block grant moneys under the
federal temporary assistance for needy families (TANF) program are used. TANF is
the federal block grant program designed to replace AFDC. (W-2 is expected to be
funded in part by a TANF grant.) Federal law also requires a 10-year suspension
from the food stamp program for a person who is convicted of fraudulently misstating
or misrepresenting his or her identity or place of residence for the purpose of
obtaining simultaneous multiple food stamp benefits. Finally, federal law requires
a 10-year suspension from any TANF-funded program for a person who is convicted
of fraudulently misstating or misrepresenting his or her identity or place of residence
for the purpose of obtaining benefits in 2 or more states under the food stamp
program, the federal supplemental security income (SSI) program (a cash benefit
program for the aged, blind and disabled), the medical assistance program or any
program for which TANF moneys are used. The person's eligibility may be
reinstated, however, if the president of the United States pardons that person for the
conduct for which the person was suspended.
This bill modifies the W-2 and food stamp provisions to reflect the federal
requirements.
Under current law, a person who receives assistance under SSI or state
supplemental payments is ineligible for AFDC. The person may, however, apply for
AFDC on behalf of his or her dependent child. Currently, AFDC is due to expire 6
months after the date that DILJD specifies in the Wisconsin Administrative Register
as the statewide implementation date of W-2. A person who receives assistance
under SSI or state supplemental payments is ineligible to participate in the
employment component of W-2.
This bill requires DHFS to make a monthly payment of $77 to a recipient of SSI
or of state supplemental payments for each dependent child of that recipient if the
recipient is the custodial parent of that child. DHFS may not make the payment
unless: 1) the child meets the eligibility criteria for AFDC; and 2) the custodial
parent is ineligible for AFDC or W-2 solely because he or she receives SSI or state
supplemental payments. If a dependent child has 2 custodial parents, both custodial
parents must receive either SSI or state supplemental payments to be eligible for the
payment and only one payment per month may be made for any child. The $77
payment is unavailable for a child who receives SSI benefits, and a child on whose
behalf the $77 payment is made may not receive AFDC. Under the bill, a child for
whom the $77 payment is made is eligible for medical assistance (MA), under which
medical services are provided to low-income persons.
Under current law, DHFS administers the state supplemental food program for
women, infants and children, commonly referred to as WIC. Under WIC, DHFS
provides supplemental food, nutrition education and other services to eligible
low-income women, infants and children.
