This bill reduces the number of vocational education consultants that DPI must
to employ from 11 to 5.5.
Under current law, DPI pays each school district, each county children with
disabilities education board (CCDEB), and each technical college district $100 for
each pupil who completes a DPI-approved course in driver education. This bill
provides that, if the amount appropriated is more than enough to provide $100 per
pupil, DPI must distribute the balance to eligible school districts, CCDEBs, and
technical college districts on a prorated basis.
This bill pays a portion of state aid to public library systems from the universal
service fund.
Higher education
Current law prohibits the Board of Regents (board) of the UW System from
increasing resident undergraduate tuition beyond an amount sufficient to fund
certain specified functions.
This bill prohibits the board from increasing resident undergraduate tuition for
a student enrolled at UW-Madison or UW-Milwaukee by more than $350 a semester
in the 2003-04 and the 2004-05 academic years and for a student enrolled at any
other UW System institution by more than $250 a semester in the 2003-04 and the
2004-05 academic years. For example, if tuition for resident undergraduates at the
UW-Madison in the 2002-03 academic year is $2,000 per semester, tuition in the
2003-04 academic year may not exceed $2,350 per semester.
Generally, current law allows a UW System student who has been a bona fide
Wisconsin resident for the 12 months preceding the beginning of a semester or
session for which the student registers to pay resident, as opposed to nonresident,
tuition.
This bill allows an alien who is not a legal permanent resident of the United
States to pay resident, as opposed to nonresident, tuition if: 1) he or she graduated
from a Wisconsin high school or received a high school graduation equivalency from
Wisconsin; 2) was continuously present in Wisconsin for at least one year following
the first day of attending a Wisconsin high school; and 3) enrolls in a UW System
institution and provides the institution with an affidavit stating that he or she has
filed or will file an application for permanent residency with the Immigration and
Naturalization Service as soon as the person is eligible to do so.
Under current law, the board awards grants, known as Lawton grants, to
minority undergraduates enrolled in the UW System and awards grants to minority
and disadvantaged graduate students enrolled in the UW System, and the Higher
Educational Aids Board (HEAB) awards grants to undergraduates enrolled in
nonprofit public institutions of higher education or tribally controlled colleges in this
state. This bill supplements funding for these grant programs from moneys received
by the UW System for auxiliary enterprises.
Current law directs the Wisconsin Technical College System (WTCS) Board to
award grants to district boards to develop or expand programs in occupational areas
in which there is a high demand for workers and to add sections in courses in which
student demand exceeds capacity. This bill eliminates both of these programs.
This bill authorizes the WTCS Board to award grants to district boards to
expand health care education programs.
Other educational and cultural agencies
Under current law, the Technology for Educational Achievement in Wisconsin
(TEACH) Board, which is attached to DOA for administrative purposes, administers
certain educational technology programs, including programs under which the
TEACH Board awards educational technology block grants to school districts and
juvenile secured correctional facilities; awards educational technology training and
technical assistance grants to cooperative educational service agencies (CESAs) and
to consortia of school districts, charter school sponsors, juvenile secured correctional
facilities, public library boards, and CESAs; provides educational technology
infrastructure financial assistance to school districts, charter school sponsors, and
public library boards; and provides subsidized telecommunications access (an
Internet data line or a video link) to various educational agencies.
This bill eliminates the TEACH Board and the position of executive director of
the TEACH Board and transfers the TEACH Board's duties to DPI. The bill also
eliminates educational technology block grants, educational technology training and
technical assistance grants, and educational technology infrastructure financial
assistance, other than forgiveness of loans previously provided. In addition, the bill
permits a public museum located in this state that is accredited by the American
Association of Museums or an educational center that is affiliated with such a
museum to receive a subsidy for telecommunications access. The bill eliminates an
annual grant of $175,000 to the Racine Unified School District for training teachers
and pupils in computers.
Under current law, the Higher Educational Aids Board (HEAB) administers
various student financial aid programs for state residents attending institutions of
higher education, including Wisconsin higher education grants, talent incentive
grants, tuition grants, handicapped student grants, Indian student assistance
grants, minority undergraduate retention grants, teacher education loans, minority
teacher loans, health education loans, nursing student loans, and academic
excellence scholarships. HEAB also administers contracts with the Medical College
of Wisconsin and the Marquette University School of Dentistry under which a per
capita amount is paid to those institutions for each state resident enrolled at those
institutions and a tuition reciprocity agreement with the state of Minnesota. This
bill, effective on July 1, 2004, eliminates HEAB and the executive secretary and
deputy executive secretary positions in HEAB and transfers the duties of HEAB to
the Board of Regents of the UW System. The bill also eliminates a cap of $1,800 for
an academic year on the amount of a Wisconsin higher education grant.
Under current law, HEAB must disburse $11,670 in each fiscal year for each
Wisconsin resident who is enrolled as a full-time doctor of dental surgery (D.D.S.)
student at the Marquette University School of Dentistry. Current law caps the
number of Wisconsin residents who may be so funded at 160. Current law also caps
the tuition that the Marquette University School of Dentistry may assess a
Wisconsin resident at an amount that is no more than the difference between $11,670
and the tuition assessed a nonresident.
This bill eliminates the amount that must be disbursed for each Wisconsin
resident who is enrolled as a full-time D.D.S. student at the Marquette University
School of Dentistry, the cap on the number of Wisconsin residents who may be so
funded, and the cap on the tuition that the Marquette University School of Dentistry
may assess a Wisconsin resident.
Current law appropriates to the Medical College of Wisconsin (Medical
College), general purpose revenues for medical education, training, and research.
From that appropriation, $10,091 must be disbursed in each fiscal year for each
Wisconsin resident who is paying full tuition in pursuit of a doctor of medicine (M.D.)
degree from the Medical College, except that, if the amount appropriated is
insufficient to pay $10,091 per student, the payments must be disbursed on a
prorated basis for each eligible student. Current law caps the number of Wisconsin
residents who may be so funded. Current law also caps the tuition that the Medical
College may assess a Wisconsin resident at an amount that is no more than the
difference between $10,091 and the tuition assessed a nonresident.
This bill eliminates the amount that must be disbursed for each Wisconsin
resident who is paying full tuition in pursuit of an M.D. degree from the Medical
College, the cap on the number of Wisconsin residents who may be so funded, and the
cap on the tuition that the Medical College may assess a Wisconsin resident.
Employment
Under the Municipal Employment Relations Act (MERA), if a dispute relating
to a proposed collective bargaining agreement has not been settled after a reasonable
period of negotiation and after mediation by the Wisconsin Employment Relations
Commission (WERC), either party, or the parties jointly, may petition WERC to
initiate compulsory, final, and binding arbitration with respect to any dispute
relating to wages, hours, and conditions of employment. If WERC determines that
an impasse exists and that arbitration is required, WERC must submit to the parties
a list of seven arbitrators, from which the parties alternately strike names until one
arbitrator is left. As an alternative to a single arbitrator, an arbitration panel may
be formed that consists of one person selected by each party and one person selected
by WERC, or a single arbitrator may be randomly selected from a list of seven names
submitted by WERC. Under current law, an arbitrator or arbitration panel must
adopt the final offer of one of the parties on all disputed issues, which is then
incorporated into the collective bargaining agreement.
This process, however, does not apply to a dispute over economic issues
involving a collective bargaining unit consisting of school district professional
employees if WERC determines that the employer has submitted a qualified
economic offer (QEO). Under current law, a QEO consists of a proposal to maintain
the employees' existing fringe benefits, and the employer's contribution thereto, and
to provide for an annual average salary increase having a cost to the employer at
least equal to 2.1% of the existing total compensation and fringe benefit costs for the
employees in the collective bargaining unit plus certain fringe benefit savings.
Currently, in school districts, MERA requires that the parties engage in good
faith bargaining on all matters related to wages, hours, and conditions of
employment. This bill requires the employer to bargain collectively with respect to
education policy, but also provides that no dispute relating to an education policy
issue is subject to interest arbitration unless all parties to the dispute agree to make
such an issue subject to interest arbitration. If the employer, however, makes a
proposal that provides that employee compensation or performance expectations are
linked with pupil academic performance, the labor organization may include in its
single final offer for purposes of interest arbitration any proposal to meet the
performance expectations, including a proposal affecting education policy.
Under MERA, in reaching a decision, the arbitrator or arbitration panel must
give weight to many factors, including the lawful authority of the municipal
employer, the stipulations of the parties, the interest and welfare of the public, and
the financial ability of the unit of government to meet the costs of the proposed
agreement, comparison of wages, hours, and conditions of employment with those of
other public and private sector employees, the cost of living, the overall
compensation and benefits that the employees currently receive, and other similar
factors. But, under current law, the arbitrator must give greater weight to economic
conditions in the jurisdiction of the employer and the greatest weight to any state law
or directive that places expenditure or revenue limitations on an employer.
This bill eliminates the authorization for the arbitrator or arbitration panel to
give any weight to economic conditions in the jurisdiction of the employer or to any
state law or directive that places expenditure or revenue limitations on an employer
and, instead, requires that the arbitrator or arbitration panel simply considers these
as factors. In addition, with respect to a school district, the bill provides that the
arbitrator or arbitration panel must use as a factor a determination as to which
party's proposal best provides for a fundamental right to an equal opportunity for a
sound basic education under article X, section 3, of the Wisconsin Constitution.
Under current law, a person alleging discrimination in employment may file a
complaint with DWD seeking such action as will effectuate the purpose of the law
prohibiting employment discrimination (Fair Employment Law), including the
payment of back pay, reinstatement of the employee, and the payment of
compensation in lieu of reinstatement, but may not bring a civil action in circuit court
seeking that action. This bill permits a person alleging discrimination in
employment to bring a civil action in circuit court seeking such action as will
effectuate the purpose of the Fair Employment Law.
Under current law, an employee who believes that his or her employer has
violated the Family and Medical Leave Law may file a complaint with DWD seeking
action to remedy the violation, including an order requiring the employer to provide
the requested leave, to reinstate the employee, to provide back pay, and to pay
reasonable actual attorney fees. Current law also permits an employee to bring an
action in circuit court to recover damages caused by a violation of the Family and
Medical Leave Law, but only after completion of an administrative proceeding
concerning the violation. This bill eliminates the requirement that an
administrative proceeding first be completed before an employee may bring an action
in circuit court for a violation of the Family and Medical Leave Law.
Under current law, when DWD receives a complaint alleging discrimination in
employment, housing, or the equal enjoyment of a public place of accommodation or
a complaint alleging a violation of the Family and Medical Leave Law, DWD must
investigate the complaint to determine whether there is probable cause to believe
that the discrimination or violation occurred. Under current DWD rules, if DWD
finds that there is no probable cause to believe that the discrimination or violation
occurred, the complainant may request a hearing on the issue by a hearing examiner.
This bill eliminates the right to a hearing on the issue of probable cause and instead
provides for a review by a hearing examiner based solely of DWD's record of the
complaint.
Under current law, the Wisconsin Conservation Corps (WCC) employs young
adults to work on conservation and human services activities. The WCC Program
is administered by the WCC Board, which may delegate its administrative
responsibilities to the executive secretary of the board. This bill eliminates the WCC,
the WCC Board, and the position of executive secretary of the WCC Board and,
instead, requires DWD to award grants to community-based nonprofit
organizations for youth employment projects that provide employment for youths 14
years of age or over, but less than 22 years of age; that encourage and develop
employment and life skills, discipline, and cooperation in project participants by
providing meaningful work experiences and training and educational opportunities
for those participants; that pay not less than the minimum wage; and that either
conserve, develop, enhance, or maintain the natural resources of this state or
promote the social well-being of children, the elderly, persons with disabilities, and
persons with low incomes, or both.
Under current law, the Governor's Work-Based Learning Board (GWBLB) is
required to plan, coordinate, administer, and implement certain youth
apprenticeship, school-to-work, and work-based learning programs and other
employment and education programs that the governor may, by executive order,
assign to the GWBLB. This bill eliminates the GWBLB and transfers administration
of the employment and education programs currently administered by the GWBLB
to DWD. The bill also creates the Governor's Work-Based Learning Council and
directs the council to oversee the planning, coordination, administration, and
implementation by DWD of those programs.
Under current law, the Wisconsin Service Corps employs young adults to work
on community service activities that address the social, health, and economic needs
of communities within Milwaukee County. This bill eliminates the Wisconsin
Service Corps.
Current law requires DWD to provide a Trade Masters Pilot Program to
recognize advanced training and postapprenticeship achievements in three trades,
crafts, or businesses, one of which must be in the industrial sector, one in the
construction sector, and one in the service sector of the economy. This bill eliminates
the program.
Current law requires DWD to administer an Employment Transit Assistance
Program under which DWD conducts projects, or awards grants to local public bodies
and mass transit systems to conduct projects, to improve access to jobs that are
located in outlying suburban and sparsely populated and developed areas that are
not adequately served by a mass transit system. This bill eliminates certain
requirements that currently apply to the program, including requirements that all
jobs accessed by the program must pay at least $4 per hour, that fares charged under
the program may not exceed $2 per one-way trip, and that employers of employees
participating in the program must pay at least 50% of the cost per one-way trip for
those employees.
Environment
Water quality
Under the Clean Water Fund Program, Wisconsin makes loans at subsidized
interest rates for projects to control water pollution, including sewage treatment
plants. This bill sets the present value of the Clean Water Fund Program subsidies
that may be provided during the 2003-05 biennium at $92,400,000. The bill also
increases the revenue bonding authority for the Clean Water Fund Program by
$259,670,000.
Under the Safe Drinking Water Loan Program, Wisconsin makes loans at
subsidized interest rates to local governmental units for projects to construct or
modify public water systems. This bill sets the present value of the Safe Drinking
Water Loan Program subsidies that may be provided during the 2003-05 biennium
at $12,800,000.
Under current law, DNR provides financial assistance for measures to reduce
water pollution from nonpoint (diffuse) sources. This bill increases the general
obligation bonding authority for nonpoint source financial assistance by $9,546,800.
Under current law, DNR also provides financial assistance for the management
of urban storm water runoff and for flood control projects. This bill increases the
general obligation bonding authority for these programs by $4,700,000.
Hazardous substances and environmental cleanup
Under the Brownfields Grant Program, the Department of Commerce awards
grants for the redevelopment of brownfields and remediation activities associated
with that redevelopment. Brownfields are abandoned, idle, or underused industrial
or commercial facilities or sites the expansion or redevelopment of which is adversely
affected by actual or perceived environmental contamination. Also under current
law, DNR awards grants to local governmental units for investigating environmental
contamination; to municipalities for conducting cleanups of brownfields; and to local
governmental units for brownfields remediation projects that have long-term public
benefits, including the preservation of green space.
This bill eliminates the Brownfields Grant Program administered by the
Department of Commerce and the grant programs related to brownfields
administered by DNR. The bill establishes a new Brownfields Grant Program, under
which DNR awards grants to local governmental units and private entities to
determine the existence and extent of environmental contamination in brownfields
and to remove or contain environmental contamination and restore the environment
at brownfields.
Under current law, the Department of Commerce administers a program
(commonly called PECFA) to reimburse owners of petroleum product storage tanks
for a portion of the costs of cleaning up discharges from those tanks. This bill
increases the revenue bonding authority for PECFA by $115,000,000.
Under the Land Recycling Loan Program, Wisconsin makes loans to political
subdivisions for projects to remedy environmental contamination at sites owned by
the political subdivisions where the environmental contamination has affected, or
threatens to affect, groundwater or surface water. The loans are subsidized, so that
recipients are not required to pay interest. This bill sets the present value of the
Land Recycling Loan Program subsidies that may be provided during the 2003-05
biennium at $12,000,000.
Current law authorizes DNR to conduct or fund activities to remedy
environmental contamination in some situations. This bill increases the authorized
general obligation bonding authority to finance those activities by $6,000,000.
Other environment
Current law authorizes DNR to establish fees for inspecting nonresidential
asbestos demolition and renovation projects that DNR regulates. The fees may not
exceed $210 per project. This bill increases the maximum fees to $450 or $750,
depending on the size of the project. The bill also authorizes DNR to charge
separately for the costs it incurs for laboratory testing for these projects.
Under current law, the Waste Facility Siting Board (WFSB) oversees
negotiations and arbitration between local governments and persons who want to
establish or expand landfills. This bill eliminates the authority of WFSB to appoint
an executive director. The bill requires the Division of Hearings and Appeals,
attached to DOA for administrative purposes, to provide staff to assist WFSB in
performing its duties.
Gambling
Currently, the administrator of the Lottery Division of DOR may determine
whether lottery functions should be performed by DOR or by persons under contract
with DOA. Current law, however, prohibits contracting out the entire management
and operations of the state lottery and specifically prohibits contracting out financial
auditing and security monitoring services. This bill authorizes the administrator to
determine whether any lottery functions, other than procurement and financial
auditing services, should be performed by persons under contract with DOA.
The bill also creates a process whereby the governor, upon the request of DOR,
may create positions funded from lottery revenues in DOR to perform services
relating to the state lottery that are not performed by one or more persons under
contract with DOA.
Current law regulating procurement for the state lottery requires separate bids
to provide instant lottery ticket services and supplies and on-line services and
supplies for the state lottery. This bill eliminates the requirement of separate bids.
Currently, all revenue received by the state under Indian Gaming compacts
funds gaming law enforcement, the Indian gaming operations of the Division of
Gaming in DOA, and a variety of specified programs.
This bill requires that only the first $24,352,500 received in any fiscal year
under these compacts be used for these programs. Receipts that exceed this amount
are available for other purposes under the bill, except that not more than
$112,000,000 may be made available during the 2003-04 fiscal year and not more
than $125,000,000 may be made available during any fiscal year thereafter.
Health and human services
Public assistance
Under administrative rules promulgated by DHFS, persons with family
incomes at or above 300% of the federal poverty line must contribute a certain
percentage of their family incomes for the cost of their medical treatment before
assistance will be provided under the Chronic Disease Aids Program, which provides
financial assistance for the cost of medical care for the treatment of chronic kidney
disease, cystic fibrosis, and hemophilia to persons with those conditions. This bill
increases by 0.25% the percentage of family income that a family must contribute
under the rules. In addition, the bill requires DHFS to promulgate rules requiring
persons with family incomes at or above 200% of the federal poverty line to contribute
a certain percentage of their family incomes for the cost of their medical treatment
before assistance will be provided under the program.
The administrative rules currently require a person receiving benefits under
the program to pay a $5 copayment for a generic prescription drug and a $10
copayment for a brand name prescription drug for which a pharmacy directly bills
the program. The bill changes the copayment amount for a brand name prescription
drug to $15.
The bill makes three additional changes to the Chronic Disease Aids Program.
The bill authorizes DHFS to use managed care methods of cost containment;
eliminates the requirement that the rates paid by DHFS for services provided for the
treatment of chronic kidney disease be equal to the allowable charges under the
federal Medicare program and prohibits a provider from billing a patient for any
difference between the amount that the state pays and the provider's charge for the
service; and provides that a person may not receive benefits under the program
unless, before applying, the person applies for benefits under other health care
coverage programs for which he or she reasonably may be eligible.
Under current law, county departments of social services or human services pay
cemetery, funeral, and burial expenses for decedents whose estates are insufficient
to pay those expenses and who received certain public assistance benefits, such as
Wisconsin Works benefits or Medical Assistance (MA) benefits. The county
departments are reimbursed for those payments by DWD. Under current law, DHFS
contracts with county departments to administer the MA program, the Badger Care
health care program, and the food stamp program and reimburses the county
departments for their administration costs.
Under this bill, DHFS, instead of DWD, reimburses county departments for the
payments that they make for cemetery, funeral, and burial expenses. In addition,
the bill provides that DHFS reimburses county departments for their expenses
incurred in determining eligibility for that program. The bill allows, rather than
requires, DHFS to delegate to county departments the administrative function of
determining eligibility under the MA program.
Wisconsin Works
Wisconsin Works program
The current Wisconsin Works (W-2) program provides work experience and
benefits for low-income custodial parents who are at least 18 years old, as well as job
search assistance to noncustodial parents who are required to pay child support, to
minor custodial parents, and to pregnant women who are not custodial parents.
Also, the parent of a child under the age of 13 or, if the child is disabled, under the
age of 19, is eligible for a child care subsidy under W-2 if the parent needs child care
services to participate in various educational or work activities. W-2 is administered
generally by DWD, which contracts with W-2 agencies to administer the program
locally. W-2 is funded with federal Temporary Assistance for Needy Families
(TANF) block grant money, federal child care block grant moneys, and state general
purpose revenue. In general, an individual may not participate in W-2 more than
five years, which need not be continuous.
Current employment positions
The work components under W-2, called employment positions, consist of three
categories: trial job, community service job, and transitional placement. Employers
for all employment positions must meet criteria established by DWD and all
participants in all employment positions must search for unsubsidized employment
the entire time that they are participating in any W-2 employment position.
Trial jobs. When determining which employment position is the most
appropriate placement for a participant, a W-2 agency must give the highest priority
to trial jobs. A participant in a trial job is paid by his or her employer at least the
minimum wage for every hour actually worked, but not exceeding 40 hours per week,
including required education and training. The W-2 agency pays a wage subsidy of
$300 per month to a trial job employer that agrees to make a good faith effort to retain
the participant as a permanent unsubsidized employee after the trial job terminates.
The employer must provide worker's compensation coverage for a trial job employee.
Unless the W-2 agency grants an extension, a participant may work in any one trial
job for up to three months, and for up to 24 months, which need not be consecutive,
in more than one trial job.
Community service jobs. A W-2 agency must give higher priority to a
community service job than to a transitional placement when placing a W-2
participant. Community service jobs are limited to projects that DWD determines
will serve a useful public purpose or that will generate revenue that wholly or
partially offsets the project's cost. A participant in a community service job may not
work more than 30 hours per week and may be required to participate in education
or training for up to ten hours per week. A participant in a community service job
who works more than 20 hours per week receives from the W-2 agency a monthly
grant of $673, which is reduced if the participant works 20 or fewer hours per week.
In addition, the monthly grant that a participant would receive based on the number
of his or her work hours is reduced by $5.15 for every hour of work that a participant
misses without good cause. Generally, the W-2 agency must provide worker's
compensation coverage for a participant in a community service job. Unless the W-2
agency grants an extension, a participant may work in any one community service
job for up to six months, and for up to 24 months, which need not be consecutive, in
more than one community service job.
Transitional placement. A W-2 participant may be placed in a transitional
placement if he or she has been or will be incapacitated for at least 60 days, is needed
at home because of the illness or incapacity of a member of his or her household, or
is incapable of performing a trial job or community service job. A transitional
placement may consist of work in a community rehabilitation program, a job similar
to a community service job, or volunteer activities. A participant in a transitional
placement may be required to work for up to 28 hours per week and to participate
in education and training for up to 12 hours per week. A participant in a transitional
placement may be required to participate in mental health activities, counseling or
rehabilitation, or alcohol and other drug abuse treatment. A participant in a
transitional placement receives from the W-2 agency a monthly grant of $628, which
is reduced by $5.15 for every hour that a participant fails to participate in any
required activity without good cause. Generally, the W-2 agency must provide
worker's compensation coverage for a participant in a transitional placement.
Unless the W-2 agency grants an extension, a participant may participate in a
transitional placement for up to 24 months, which need not be consecutive.
New employment position
Transitional subsidized private sector jobs. This bill creates a new employment
position in W-2, called a transitional subsidized private sector job. A W-2 agency
must give placement in a transitional subsidized private sector job the same priority
as placement in a community service job. If a W-2 agency determines that placement
in either a transitional subsidized private sector job or a community service job is
appropriate for a participant, the participant must be allowed to choose between the
two placements. A participant who chooses placement in a transitional subsidized
private sector job will be offered a choice of one or more jobs in locations that are
reasonably accessible to the participant.
Employers for transitional subsidized private sector jobs must be selected by
DWD in a request-for-proposals process. To be selected, an employer must show the
ability to create useful transitional subsidized private sector jobs. A selected
employer that employs a participant in a transitional subsidized private sector job
is reimbursed by DWD for up to 100% of the employer's costs that are attributable
to employing the participant, such as wages, federal social security taxes, and
worker's compensation and liability insurance premiums.
Each transitional subsidized private sector job must be designed by the
employer, in consultation with DWD and the W-2 agency, for the participant who is
offered the job. DWD may design a transitional subsidized private sector job that
allows a participant to work in supported employment or to care for a severely
disabled child or other relative. Each transitional subsidized private sector job must
provide 25 to 30 hours of work per week. A participant in a transitional subsidized
private sector job is an employee of his or her employer for all purposes and must be
paid at least the federal minimum wage by the employer. DWD may require that a
participant in a transitional subsidized private sector job be given a sick leave
benefit.
After a participant has been working satisfactorily in a transitional subsidized
private sector job for at least two weeks, the participant and W-2 agency, in
consultation with the employer, may enter into an agreement allowing the
participant to enroll in education or training to acquire skills leading to unsubsidized
employment, reducing the participant's hours in the transitional subsidized private
sector job to 15 to 20 hours, and requiring the W-2 agency to pay the participant a
stipend equal to 90% of what the participant would have earned in the transitional
subsidized private sector job if his or her hours had not been reduced.
Unless the W-2 agency grants an extension, a participant may work in any one
transitional subsidized private sector job for up to six months, and for up to 24
months, which need not be consecutive, in more than one transitional subsidized
private sector job. A participant in a transitional subsidized private sector job may
be terminated by his or her employer for misconduct, failure to perform work
satisfactorily, or repeated unexcused absences. A participant may also be
terminated from a transitional subsidized private sector job by the W-2 agency for
not making a good faith effort to seek unsubsidized employment. In either case, a
participant who believes that he or she was wrongfully terminated may appeal the
termination to DWD.
Caretaker of newborn infant program change and studies
Under current law, a person who meets the eligibility requirements for W-2 and
who is the custodial parent of a child who is 12 weeks old or younger may receive a
monthly grant of $673 and may not be required to participate in a W-2 employment
position. This bill increases the maximum age of the child so that the custodial
parent of a child who is six months old or younger may receive the monthly grant and
may not be required to participate in an employment position.
The bill directs DWD to conduct a study to determine the best ways to assist
low-income custodial parents and other at-risk low-income adults in getting and
keeping a job. DWD must submit a report with its findings and recommendations
to the governor and legislature. The bill also directs DWD to investigate ways in
which federal funding other than TANF block grants can be used to create a seamless
system of employment and education training services for low-income adults in
Wisconsin and to submit a report on its findings to DOA.
Under current law, DWD certifies to DOR any overpayment of food stamp
benefits or various benefits under W-2 for recovery as a setoff against any income
tax refund owed to the person who received the overpayment. Also under current
law, DWD makes job access loans to persons who are eligible for W-2 to enable them
to obtain or continue employment.
This bill authorizes DWD to certify delinquent job access loan repayments to
DOR for setoff against any income tax refund owed to the person who received the
loan. Delinquent repayment amounts collected by DOR and paid to DWD must be
used to make more job access loans.
Medical Assistance
Under current law, the MA trust fund (MATF) consists of all public funds for
MA nursing home payments that are transferred to the MATF as the nonfederal
share for the purpose of claiming federal moneys, and of all the matching moneys
received in return under the federal MA program (commonly known as Medicaid).
Counties that make these transfers to the MATF are reimbursed by DHFS from the
general fund.
This bill appropriates money from the MATF to reimburse counties for the
moneys the counties transferred to the state in support of MA payment for nursing
home services and that were used as the nonfederal share of MA payments.
Currently, under a waiver of federal Medicaid laws, DHFS administers a
community integration program (commonly known as CIP IA) under which MA
recipients who reside in state centers for the developmentally disabled are relocated
into their communities and provided home and community-based services. DHFS
administers another similar community integration program (commonly known as
"CIP IB"), under which persons with developmental disabilities who are relocated
from institutions other than state centers for the developmentally disabled or who
meet requirements for the care provided in intermediate care facilities for the
mentally retarded or brain injury rehabilitation facilities are relocated into their
communities.
This bill appropriates the moneys received from counties to provide
supplemental MA program benefits for CIP IA and CIP IB, emergency medical
transportation services, alcohol and other drug abuse and mental health treatment
and services, and school medical services, as part of a claim for federal Medicaid
matching moneys. The moneys counties must pay are related to the federal share
of rate increases for CIP IA and CIP IB beginning in 2001, the federal share of rate
increases for alcohol and other drug abuse and mental health treatment and services
beginning in 2003, and the moneys paid in support of the claim for federal Medicaid
matching moneys. If the amount received by DHFS exceeds payments for services,
the excess must be transferred to the MATF. The bill annually decreases the total
amount paid to school districts for special education by the amount of the
supplementary payment for MA school-based services received. In addition, the bill
expands the MATF to include moneys that are related to any MA service. Lastly, the
bill authorizes DHFS to award grants to counties from the MATF for mental health
community support programs and to distribute to counties and local health
departments from the MATF an amount equal to the amount that was distributed
in 2002 to reduce operating deficits.
Under current law, persons who apply for admission to nursing homes, state
centers for the developmentally disabled, or institutions for mental diseases,
including persons who are found by a court to be in need of protective services and
are protectively placed, must be screened to determine if they have a developmental
disability or mental illness and need facility care and active treatment. Residents
of these facilities who have a developmental disability or mental illness and
significant changes in their physical or mental conditions must also be screened to
determine if they need facility care or active treatment. Persons who are not in need
of facility care must be relocated. Currently, counties must provide the portion of the
MA program payment that is not provided by the federal government for services to
individuals in state centers for the developmentally disabled who are also mentally
ill and exhibit extremely aggressive and challenging behaviors. Under CIP IB, a
county that owns the institution from which a person is relocated into the community
must receive approval from DHFS of a plan for delicensing a bed of the institution
for the county to obtain reimbursement for the person's community care.
This bill restricts protective placements and admissions, after March 31, 2004,
of persons with developmental disabilities to intermediate facilities and nursing
facilities. Within 90 days after receiving written notice of the prospective placement
or admission of a person with developmental disabilities in an intermediate facility,
a county department of social services, human services, developmental disabilities
services, or community programs must develop a plan for providing home or
community-based care to the person in a noninstitutional setting. The person may
not be placed in or admitted to the intermediate facility unless a court finds that
placement in the community under such a plan is not in the person's best interests,
or the person or his or her guardian rejects the plan. Also, a person who has been
screened and found to require active treatment for developmental disability may not
be placed in or admitted to a nursing facility unless his or her need for care cannot
be met in an intermediate facility or under a plan for home or community care.
The bill requires that residents of state centers for the developmentally
disabled who have been determined to need facility care and active treatment for
developmental disability be further screened to determine whether the level of care
that they require could be provided safely in an intermediate facility or under a plan
for home or community care.
