50.035 (4n) REQUIRED REFERRAL. (intro.) Subject to sub. (4p), When a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:
SECTION 16. 50.035 (4p) of the statutes is amended to read:
50.035 (4p) APPLICABILITY. Subsections Subsection (4m) and (4n) apply applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.
SECTION 17. 50.035 (7) of the statutes is repealed.
SECTION 18. 50.035 (9) of the statutes is repealed.
SECTION 19. 50.36 (2) (c) of the statutes is repealed.
SECTION 20. 50.38 of the statutes is repealed.
(End)
LRB-1202LRB-1202/1
RAC:jld:nwn
2007 - 2008 LEGISLATURE
DOA:......Frederick, BB0235 - SWIB Budget Authority
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State finance
Current law requires the State of Wisconsin Investment Board (SWIB) to estimate its operating expenses for the next six-month period and to assess each fund for which it has management responsibility for its share of the expenses in an equitable manner. However, SWIB's assessment may not exceed the greater of $20,352,800 or 0.0275 percent of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.
This bill requires SWIB, annually on September 1, to assess each such fund for its share of SWIB's operating expenses for the current fiscal year and caps the assessment at the greater of the amount that SWIB could have assessed the funds in the second year of the prior fiscal biennium or 0.0325 percent of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 25.187 (2) (a) of the statutes is amended to read:
25.187 (2) (a) Subject to pars. (b) and par. (c), on July 1 and January September 1 of each year, the investment board shall estimate the amounts required for its operating expenditures for the next 6-month period and shall assess each fund for which the board has management responsibility for its share of the estimated board's operating expenditures for the current fiscal year in an equitable manner. The board shall pay the assessment from the current income of each fund, unless an appropriation is made for payment of the assessment, in which case the assessment shall be paid from that appropriation account.
SECTION 2. 25.187 (2) (b) of the statutes is repealed.
SECTION 3. 25.187 (2) (c) 1. of the statutes is amended to read:
25.187 (2) (c) 1. Except as provided in subd. 2., the total amount that the board may assess the funds for which the board has management responsibility for any fiscal year may not exceed the greater of $20,352,800 or 0.0275% the amount that the board could have assessed the funds in the 2nd year of the prior fiscal biennium or 0.0325% of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.
SECTION 4. 25.187 (2) (c) 3. c. of the statutes is created to read:
25.187 (2) (c) 3. c. Annually, no later than June 15, certify to the department of administration and to the joint committee on finance the maximum amount that the board may assess the funds for which the board has management responsibility in the next fiscal year.
(End)
LRB-1216LRB-1216/1
RAC:jld:sh
2007 - 2008 LEGISLATURE
DOA:......Frederick, BB0257 - Reimbursement for grievance arbitrations
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State employment
The bill expands the funding source of a current program revenue-service appropriation to the Office of State Employment Relations (OSER), which currently consists of moneys paid by state agencies to cover the costs of grievance arbitrations, to include moneys received from state agencies for training related to grievance arbitrations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.545 (1) (km) of the statutes is amended to read:
20.545 (1) (km) Collective bargaining grievance arbitrations. The amounts in the schedule for the payment of the state's share of costs related to collective bargaining grievance arbitrations under s. 111.86. All moneys received from state agencies for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for training related to grievance arbitrations shall be credited to this appropriation account.
(End)
LRB-1220LRB-1220/6
GMM:wlj&jld:rs
2007 - 2008 LEGISLATURE
DOA:......Harshner, BB0253 - Quality rating system for child care providers
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS may license a person to operate a day care center, a county department of human services or social services (county department) may certify a day care provider for reimbursement under the Wisconsin Works (W-2) program, and a school board may establish or contract for the provision of day care programs for children. This bill requires DWD to provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed by DHFS that receives reimbursement under the W-2 program for the child care provided or that volunteers for rating under the system. DWD must make the rating information provided under the system available to parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under the system, including making that information available on DWD's Internet site.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 48.658 of the statutes is created to read:
48.658 Child care quality rating system. The department of workforce development shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives reimbursement under s. 49.155 for the child care provided or that volunteers for rating under this section. The department of workforce development shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department of workforce development's Internet site.
SECTION 9155. Nonstatutory provisions; Other.
(1) CHILD CARE QUALITY RATING SYSTEM. By June 30, 2009, the department of children and families shall rate the quality of the child care provided by all child care providers that, on that date, hold a license under section 48.65 of the statutes and are providing child care that is reimbursed under section 49.155 of the statutes, as affected by this act, as required under section 48.658 of the statutes, as created by this act.
****NOTE: This is reconciled SECTION 9155 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-1220 and LRB-1261.
(End)
LRB-1221LRB-1221/9
GMM:jld&kjf&cs:pg
2007 - 2008 LEGISLATURE
DOA:......Rhodes, BB00255 - Tribal high-cost out-of-home care placement funding
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT to amend 16.54 (12) (a), 16.54 (12) (a), 16.54 (12) (b), 16.54 (12) (d), 20.435 (8) (mb), 20.435 (8) (mm), 20.437 (3) (mm) and 20.437 (3) (mp); and to repeal and recreate 16.54 (12) (d) of the statutes; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS contracts for activities to augment the amount of moneys received under Title IV-E of the federal Social Security Act for foster care and adoption assistance, under Title XVIII of that act for Medicare, and under Title XIX of that act for Medical Assistance (MA) (income augmentation services receipts) and receives moneys under Title XIX of that act in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under Title IV-E of that act (MA targeted case management moneys). Current law requires DHFS to use income augmentation services receipts to support costs that are exclusively related to the operational costs of income augmentation activities and to distribute not less than 50 percent of income augmentation services receipts received for MA to counties for social, mental health, developmental disabilities, and alcohol and other drug abuse services. In addition, current law permits DHFS to use MA targeted case management moneys to provide services to children and families in Milwaukee County and to use income augmentation services receipts for other purposes if the secretary of administration and JCF, under a 14-day passive review process, approve a plan submitted by DHFS for the proposed use of those moneys.
Also under current law, there is appropriated to DHFS all moneys received from the federal government that are intended to reimburse the state for expenditures in previous fiscal years and that exceed the amount of those moneys estimated to be received (excess federal revenues). Currently, DHFS is authorized to expend those excess federal revenues for liabilities anticipated to be paid with federal moneys, but that are not allowable uses of federal moneys (federal disallowances).
This bill permits DHFS in fiscal year 2007-08 and the Department of Children and Families (DCF) in fiscal year 2008-09 to expend not more than $500,000 in income augmentation services receipts, MA targeted case management moneys, and excess federal revenues received in fiscal year 2006-07 or 2007-08 for unexpected or unusually high-cost out-of-home care placements of Indian children ordered by tribal courts if DHFS or DCF determines in light of overall child welfare needs and after paying federal disallowances that there are sufficient income augmentation services receipts, MA targeted case management moneys, and excess federal revenues to expend for that purpose.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.54 (12) (a) of the statutes is amended to read:
16.54 (12) (a) The Except as provided under 2007 Wisconsin Act .... (this act), section 9121 (1m), the department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
SECTION 2. 16.54 (12) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
16.54 (12) (a) Except as provided under 2007 Wisconsin Act .... (this act), section 9121 (1m), the The department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
SECTION 3. 16.54 (12) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
16.54 (12) (b) Except as provided under 2007 Wisconsin Act .... (this act), section 9155 (1m), the The department of children and families may not expend or encumber any moneys credited to the appropriation account under s. 20.437 (2) (mm) or (3) (mm) unless the department of children and families submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
****NOTE: This is reconciled s. 16.54 (12) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB-1261.
SECTION 4. 16.54 (12) (d) of the statutes is amended to read:
16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been encumbered or expended under 2007 Wisconsin Act .... (this act), section 9121 (1m), or approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.
SECTION 5. 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section XXX, is repealed and recreated to read:
16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.437 (2) (mm) and (3) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.
****NOTE: This is reconciled s. 16.54 (12) (d). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB-1261. "XXX" in the bill section heading indicates a cross-reference that must be provided in the compiled budget bill to the bill section in LRB-1261 that also treats s. 16.54 (12) (d).
SECTION 6. 20.435 (8) (mb) of the statutes is amended to read:
20.435 (8) (mb) Income augmentation services receipts. All moneys that are received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v as the result of income augmentation activities for which the state has contracted and all moneys that are received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to be used as provided in s. 46.46 and 2007 Wisconsin Act .... (this act), section 9121 (1m). All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in s. 46.46 and 2007 Wisconsin Act .... (this act), section 9121 (1m), shall be deposited in the general fund as a nonappropriated receipt.
SECTION 7. 20.435 (8) (mm) of the statutes is amended to read:
20.435 (8) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. 46.46, 49.45 (6u), and 49.49, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions or penalties, and the costs of any corrective action affecting the department of health and family services and for the purpose of paying the costs of high-cost out-of-home care placements of Indian children by tribal courts under 2007 Wisconsin Act .... (this act), section 9121 (1m). Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.
SECTION 8. 20.437 (3) (mm) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
20.437 (3) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. 48.565 (2) and 48.567, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions or penalties and the costs of any corrective action affecting the department of children and families and for the purpose of paying the costs of high-cost out-of-home care placements of Indian children by tribal courts under 2007 Wisconsin Act .... (this act), section 9155 (1m). Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.
****NOTE: This is reconciled s. 20.437 (3) (mm). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB-1261.
SECTION 9. 20.437 (3) (mp) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
20.437 (3) (mp) Income augmentation services receipts. All moneys that are received under 42 USC 670 to 679a as the result of income augmentation activities for which the state has contracted and all moneys that are received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to be used as provided in s. 48.567 and 2007 Wisconsin Act .... (this act), section 9155 (1m). All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in s. 48.567 and 2007 Wisconsin Act .... (this act), section 9155 (1m) shall be deposited into the general fund as a nonappropriated receipt.
****NOTE: This is reconciled s. 20.437 (3) (mp). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB 1261.
SECTION 9121. Nonstatutory provisions; Health and Family Services.
