2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 820
February 16, 2016 - Offered by Representatives Barca, Shankland, Jorgensen
1An Act to amend
20.155 (3) (r), 49.45 (23) (a), 49.471 (4) (a) 4. b., 196.504 (title), 2
196.504 (1) (a) 3., 196.504 (2) (c) and 196.85 (1m) (b); and to create
49.471 (1) 3
(cr), 49.471 (4g), 196.504 (1) (ae), 196.504 (3), 196.504 (4), 196.504 (5), 196.504 4
(6), 196.504 (7), 196.504 (8) and 196.504 (9) of the statutes; relating to: duties
5of the Public Service Commission under the broadband expansion grant
6program, eligible applicants under that program, certification of political
7subdivisions under that program, Medicaid expansion, eligibility for
8BadgerCare Plus and BadgerCare Plus Core, and making appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.155 (3) (r) of the statutes is amended to read:
(r) Broadband expansion grants.
From the universal service fund, 11
as a continuing appropriation, the amounts in the schedule for broadband expansion
grants under s. 196.504. All moneys transferred under 2015 Wisconsin Act 55
section 9236 (1v) and all moneys transferred under 2015 Wisconsin Act .... (this act),
3section 18 (4)
shall be credited to this appropriation account.
49.45 (23) (a) of the statutes is amended to read:
(a) The department shall request a waiver from the secretary of the 6
federal department of health and human services to permit the department to 7
conduct a demonstration project to provide health care coverage to adults who are 8
under the age of 65, who have family incomes not to exceed 100 133
percent of the 9
poverty line before application of the 5 percent income disregard under 42 CFR
10435.603 (d), except as provided in s. 49.471 (4g)
, and who are not otherwise eligible 11
for medical assistance under this subchapter, the Badger Care health care program 12
under s. 49.665, or Medicare under 42 USC 1395
49.471 (1) (cr) of the statutes is created to read:
(cr) "Enhanced federal medical assistance percentage" means a 15
federal medical assistance percentage described under 42 USC 1396d
(y) or (z).
49.471 (4) (a) 4. b. of the statutes is amended to read:
(a) 4. b. The
Except as provided in sub. (4g), the
individual's family 18
income does not exceed 100 133
percent of the poverty line before application of the
195 percent income disregard under 42 CFR 435.603 (d)
49.471 (4g) of the statutes is created to read:
49.471 (4g) Medicaid expansion; federal medical assistance percentage.
For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), 23
the department shall comply with all federal requirements to qualify for the highest 24
available enhanced federal medical assistance percentage. The department shall 25
submit any amendment to the state medical assistance plan, request for a waiver of
federal Medicaid law, or other approval required by the federal government to 2
provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and 3
qualify for the highest available enhanced federal medical assistance percentage.
(b) If the department does not qualify for an enhanced federal medical 5
assistance percentage, or if the enhanced federal medical assistance percentage 6
obtained by the department is lower than printed in federal law as of July 1, 2013, 7
for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall 8
submit to the joint committee on finance a fiscal analysis comparing the cost to 9
maintain coverage for adults who are not pregnant and not elderly at up to 133 10
percent of the poverty line to the cost of limiting eligibility to those adults with family 11
incomes up to 100 percent of the poverty line. The department may reduce income 12
eligibility for adults who are not pregnant and not elderly from up to 133 percent of 13
the poverty line to up to 100 percent of the poverty line only if this reduction in income 14
eligibility levels is approved by the joint committee on finance.
196.504 (title) of the statutes is amended to read:
(title) Broadband expansion grant program; Broadband
17Forward! community certification.
196.504 (1) (a) 3. of the statutes is amended to read:
(a) 3. A city, village, town, or county political subdivision, school
20district, technical college district, or public library board
that submits an application 21
in partnership with an eligible applicant under subd. 1. or 2.
196.504 (1) (ae) of the statutes is created to read:
(ae) "Political subdivision" means a city, village, town, or county.
(c) To establish criteria for evaluating applications and awarding 2
grants under this section. The criteria shall prohibit grants that have the effect of 3
subsidizing the expenses of a provider of telecommunication provider 4telecommunications service, as defined in s. 182.017 (1g) (cq),
or the monthly bills of 5telecommunications
customers of those providers
. The criteria shall give priority to 6
projects that include matching funds, that involve public-private partnerships, that 7
affect areas with no broadband service providers, that are scalable,
8economic development, that are in a political subdivision certified as a Broadband
9Forward! community under sub. (4),
or that affect a large geographic area or a large 10
number of underserved individuals or communities.
196.504 (3) of the statutes is created to read:
The commission shall encourage the development of broadband 13
infrastructure in underserved areas of the state and do all of the following:
(a) Provide comprehensive information concerning permits required for 15
broadband network projects and related business activities in the state and make 16
this information available to any person.
(b) Work with other state and local government offices, departments, and 18
administrative entities to encourage timely and efficient issuance of permits and 19
resolution of related issues.
(c) Encourage local and federal government agencies to coordinate activities 21
related to approving applications and issuing permits related to broadband network 22
196.504 (4) of the statutes is created to read:
A political subdivision may apply to the commission for 25
certification as a Broadband Forward! community. The commission shall prescribe
the form and manner for making an application. The commission shall prescribe a 2
process for public notice and comment on an application for a period of at least 30 3
days after the application is received, except that the process does not apply to an 4
application by a political subdivision that enacts a model ordinance developed under 5
sub. (9) (a) or submits a written statement under sub. (9) (b). The commission shall 6
approve an application and certify a political subdivision as a Broadband Forward! 7
community if the commission determines that the political subdivision has enacted 8
an ordinance that complies with sub. (5). If the process for public notice and comment 9
applies to an application, the commission shall, before approving the application, 10
consider any public comments made regarding the application.
196.504 (5) of the statutes is created to read:
A political subdivision may not be certified as a Broadband 13
Forward! community under sub. (4) unless the political subdivision enacts an 14
ordinance for reviewing applications and issuing permits related to broadband 15
network projects that provides for all of the following:
(a) Appointing a single point of contact for all matters related to a broadband 17
(b) Requiring the political subdivision to determine whether an application is 19
complete and notifying the applicant about the determination in writing within 10 20
days of receiving the application.
(c) If the political subdivision does not believe that an application is complete, 22
requiring the written notification under par. (b) to specify in detail the required 23
information that is incomplete.
(d) If the political subdivision does not make the written notification required 2
under par. (b), requiring the political subdivision to consider an application to be 3
(e) Allowing an applicant to resubmit an application as often as necessary until 5
the application is complete.
(f) Within 45 days of receiving an application that is complete, requiring the 7
political subdivision to approve or deny the application and provide the applicant 8
written notification of the approval or denial.
(g) If the political subdivision denies an application, requiring the political 10
subdivision to include in the written notification under par. (f) substantial evidence 11
that supports the denial.
(h) Requiring that an application is considered approved and any required 13
permit is issued if the political subdivision does not provide the written notification 14
under par. (f).
(i) Providing that any fee imposed by the political subdivision to review an 16
application, issue a permit, or perform any other activity related to a broadband 17
network project is reasonable.
(k) Allowing all forms, applications, and documentation related to a broadband 19
network project to be filed and signed by electronic or another means authorized by 20
196.504 (6) of the statutes is created to read:
A political subdivision that the commission has certified as a 23
Broadband Forward! community under sub. (4) may not do any of the following:
(a) Require an applicant to designate a final contractor to complete a 25
broadband network project.
(b) Impose an unreasonable fee to review an application or issue a permit for 2
a broadband network project application. Any application fee that exceeds $100 is 3
(c) Impose a moratorium of any kind on the approval of applications and 5
issuance of permits for broadband network projects or on construction related to 6
broadband network projects.