The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.057 (2) of the statutes is amended to read:
46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 $1,296,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,639,800 $2,872,300 in fiscal year 2007-08 2009-10 and $2,707,300 $2,896,100 in fiscal year 2008-09 2010-11, and from the appropriation account under s. 20.410 (1) (kd), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $69,000 in each of fiscal years 2009-10 and 2010-11 for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.
(End)
LRB-0394LRB-0394/2
RLR:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0084 - WIC and TEFAP transfer to DHS; electronic benefit transfer
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Public assistance
Currently, the state administers The Emergency Food Assistance Program (TEFAP) and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to provide food and information about nutrition to low-income people. In addition, a state agency must annually develop a hunger prevention plan. 2007 Wisconsin Act 20 transferred the responsibility for administering TEFAP and WIC and the responsibility for developing a hunger prevention plan from the former Department of Health and Family Services to DCF. This bill transfers the responsibilities for administering TEFAP and WIC and for developing a hunger prevention plan to DHS.
Also under current law, DHS is required to deliver Food Stamp benefits by means of an electronic benefit transfer system. This bill authorizes DHS to deliver benefits that DHS administers by means of an electronic benefit transfer system if DHS: obtains any necessary federal approval for using an electronic benefit transfer system; promulgates a rule adopting an electronic benefits transfer system; and allows county and tribal governments to opt out of the electronic benefit transfer system if the cost of delivering benefits electronically is greater than delivering benefits by other means.
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. 20.437 (2) (dn) of the statutes is renumbered 20.435 (5) (dn) and amended to read:
20.435 (5) (dn) Food distribution grants. The amounts in the schedule for grants for food distribution programs under ss. 49.171 46.75 and 49.1715 46.77.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: If the DHS appropriation reorganization draft (LRB-0247) is included in the budget, s. 20.437 (2) (dn) should instead be renumbered s. 20.435 (1) (dn).
SECTION 2. 20.437 (2) (em) of the statutes is renumbered 20.435 (5) (em) and amended to read:
20.435 (5) (em) Supplemental food program for women, infants and children benefits. As a continuing appropriation, the amounts in the schedule to provide a state supplement under s. 49.17 253.06 to the federal special supplemental food program for women, infants, and children authorized under 42 USC 1786.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
****NOTE: If the DHS appropriation reorganization draft (LRB-0247) is included in the budget, s. 20.437 (2) (em) should instead be renumbered s. 20.435 (1) (em).
SECTION 3. 20.437 (2) (gr) of the statutes is renumbered 20.435 (1) (gr) and amended to read:
20.435 (1) (gr) Supplemental food program for women, infants, and children administration. All moneys received from the supplemental food enforcement surcharges on fines, forfeitures, and recoupments that are levied by a court under s. 49.17 253.06 (4) (c) and on forfeitures and recoupments that are levied by the department under s. 49.17 253.06 (5) (c) to finance fraud reduction in the supplemental food program for women, infants, and children under s. 49.17 253.06.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 46.028 of the statutes is created to read:
46.028 Electronic benefit transfer. The department may deliver benefits that are administered by the department to recipients of the benefits by an electronic benefit transfer system if all of the following conditions are satisfied:
(1) The department obtains any authorization from a federal agency that is required under federal law to deliver the benefits by an electronic benefit transfer system.
(2) The department promulgates an administrative rule to deliver the benefits by an electronic benefits transfer system.
(3) The department does not require a county or tribal governing body to use the electronic benefit transfer system if the costs to the county or tribal government of delivering the benefits by the electronic benefit transfer system would be greater than the costs to the county or tribal government of delivering the benefits by means other than an electronic benefit transfer system.
SECTION 5. 49.143 (2) (b) of the statutes is amended to read:
49.143 (2) (b) Establish a children's services network. The children's services network shall provide information about community resources available to the dependent children in a Wisconsin works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 49.17 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.
SECTION 6. 49.17 of the statutes is renumbered 253.06, and 253.06 (2) and (5) (e), as renumbered, are amended to read:
253.06 (2) USE OF FUNDS. From the appropriation under s. 20.437 (2) 20.435 (5) (em), the department shall supplement the provision of supplemental foods, nutrition education, and other services, including nutritional counseling, to low-income women, infants, and children who meet the eligibility criteria under the federal special supplemental food program for women, infants, and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, the department shall provide the supplemental food, nutrition education, and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.
(5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.437 (2) 20.435 (1) (gr).
SECTION 7. 49.171 of the statutes is renumbered 46.75, and 46.75 (2) (a), as renumbered, is amended to read:
46.75 (2) (a) From the appropriation under s. 20.437 (2) 20.435 (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended 7 USC ch. 102.
****NOTE: I replaced the public law citation with a citation to the U.S. Code. Please verify that it is correct.
SECTION 8. 49.1715 of the statutes is renumbered 46.77 and amended to read:
46.77 Food distribution administration. From the appropriation under s. 20.437 (2) 20.435 (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended 7 USC 7501 (3), for the storage, transportation, and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended 7 USC ch. 102.
SECTION 9. 49.172 (title) of the statutes is renumbered 49.76 (title).
SECTION 10. 49.172 (intro.) of the statutes is renumbered 49.76 (intro.).
SECTION 11. 49.172 (1) of the statutes is renumbered 49.76 (1).
SECTION 12. 49.172 (2) of the statutes is renumbered 49.76 (2).
****NOTE: This is reconciled s. 49.172 (title), (intro.), (1), and (2). These SECTIONS have been affected by drafts with the following LRB numbers: LRB-0394/1 and LRB-1458/2.
SECTION 13. 49.797 (2) (a) of the statutes is amended to read:
49.797 (2) (a) Except Notwithstanding s. 46.028 and except as provided in par. (b) and sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
SECTION 14. 227.54 of the statutes is amended to read:
227.54 Stay of proceedings. The institution of the proceeding for review shall not stay enforcement of the agency decision. The reviewing court may order a stay upon such terms as it deems proper, except as otherwise provided in ss. 49.17 (7), 96.43 196.43, 253.06, and 448.02 (9).
SECTION 15. 814.75 (22m) of the statutes is amended to read:
814.75 (22m) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).
SECTION 16. 814.76 (15m) of the statutes is amended to read:
814.76 (15m) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).
SECTION 17. 814.80 (11) of the statutes is amended to read:
814.80 (11) The supplemental food enforcement surcharge under s. 49.17 253.06 (4) (c).
SECTION 18. 973.05 (2m) (r) of the statutes is amended to read:
973.05 (2m) (r) To payment of the enforcement surcharge under s. 49.17 253.06 (4) (c) until paid in full.
SECTION 9122. Nonstatutory provisions; Health Services.
(1) TRANSFER OF FOOD AND HUNGER PREVENTION PROGRAMS.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall become the assets and liabilities of the department of health services.
(b) Employee transfers. The classified positions, and incumbent employees holding positions, in the department of children and families that are funded with general purpose revenue or program revenue and are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, are transferred to the department of health services.
(c) Employee status. Employees transferred under paragraph (b) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of health services that they enjoyed in the department of children and families immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of children and families that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, shall be transferred to the department of health services.
(e) Contracts. All contracts entered into by the department of health and family services, before July 1, 2008, or by the department of children and families that are in effect on the effective date of this paragraph and that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of health services. The department of health services shall carry out any such contractual obligations unless modified or rescinded by the department of health services to the extent allowed under the contract.
(f) Pending matters. Any matter pending with the department of children and families on the effective date of this paragraph that is primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, is transferred to the department of health services and all materials submitted to or actions taken by the department of children and families with respect to the pending matter are considered as having been submitted to or taken by the department of health services.
(g) Rules and orders. All administrative rules that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of health services. All orders issued by the department of health and family services, before July 1, 2008, or by the department of children and families that are primarily related to the food distribution programs under section 49.171, 2007 stats., and section 49.1715, 2007 stats., to the hunger prevention program under section 49.172, 2007 stats., and to the state supplemental food program under section 49.17, 2007 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of health services.
(End)
LRB-0395LRB-0395/2
RLR:nwn&jld:rs
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0082 - Assisted living licensing and certification fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Long-term care
Under current law, DHS licenses community-based residential facilities (CBRFs) and adult family homes (AFHs), and, for purposes of reimbursement under the Medical Assistance program, certifies adult day care centers (ADCCs). The licensure fees for CBRFs and AFHs, as well as the certification fee for ADCCs, are established by statute. In addition, current law authorizes DHS to increase the certification fee for ADCCs by rule.
This bill increases the licensure fees for CBRFs and AFHs and the certification fee for ADCCs. In addition, the bill grants DHS authority to increase the licensure fees for CBRFs and AFHs by rule.
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. 49.45 (47) (c) of the statutes is amended to read:
49.45 (47) (c) The biennial fee for the certification required under par. (b) of an adult day care center is $100 $127. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.435 (6) (jm).
SECTION 2. 50.033 (2) of the statutes is amended to read:
50.033 (2) REGULATION. Standards Except as provided in sub. (2d), standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135 $171, except that the department may, by rule, increase the amount of the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).
****NOTE: This is reconciled s. 50.033 (2). This SECTION has been affected by drafts with the following LRB numbers: -0395/1 and -1308/P3.
SECTION 3. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:
50.037 (2) (a) 1. The Except as provided in subd. 2., the biennial fee for a community-based residential facility is $306 $389, plus a biennial fee of $39.60 $50.25 per resident, based on the number of residents that the facility is licensed to serve.
SECTION 4. 50.037 (2) (a) 2. of the statutes is created to read:
50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.
(End)
LRB-0396LRB-0396/2
RLR:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0081 - Fee for follow-up inspections of health care and long-term care facilities and providers
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
