SB887: Bill Text

SB887,59 Section 59. 20.445 (1) (cg) of the statutes is created to read:

SB887,47,9 20.445 (1) (cg) Technical education equipment grants. The amounts in the schedule for the technical education equipment grants under s. 106.275.

SB887,60 Section 60. 20.445 (1) (dg) of the statutes is created to read:

SB887,47,12 20.445 (1) (dg) Teacher development program grants. The amounts in the schedule for the teacher development program grants under s. 106.272.

SB887,61 Section 61. 20.445 (1) (dr) of the statutes is created to read:

SB887,47,15 20.445 (1) (dr) Apprenticeship programs. The amounts in the schedule for the apprentice programs under subch. I of ch. 106.

SB887,62 Section 62. 20.445 (1) (e) of the statutes is created to read:

SB887,47,18 20.445 (1) (e) Local youth apprenticeship grants. The amounts in the schedule for local youth apprenticeship grants under s. 106.13 (3m).

SB887,63 Section 63. 20.445 (1) (fg) of the statutes is created to read:

SB887,47,21 20.445 (1) (fg) Employment transit assistance grants. The amounts in the schedule for the employment transit assistance grants under s. 106.26.

SB887,64 Section 64. 20.445 (1) (fm) of the statutes is created to read:

SB887,47,24 20.445 (1) (fm) Youth summer jobs programs. The amounts in the schedule for youth summer jobs programs in 1st class cities under s. 106.18.

SB887,65 Section 65. 20.455 (1) (gh) of the statutes is amended to read:

SB887,48,5 20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22 (9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the expenses of investigation and prosecution of violations, including attorney fees, and for expenses related to s. 165.055 (3).

SB887,66 Section 66. 20.455 (2) (gb) of the statutes is amended to read:

SB887,48,11 20.455 (2) (gb) Gifts and grants. The amounts in the schedule to carry out the purposes for which gifts and grants are made and received. All moneys received from gifts and grants, other than moneys received for and credited to another appropriation account under this subsection, to carry out the purposes for which made and received shall be credited to this appropriation account.

SB887,67 Section 67. 20.455 (3) (g) of the statutes is amended to read:

SB887,48,19 20.455 (3) (g) Gifts, grants and proceeds. The amounts in the schedule to carry out the purposes for which gifts and grants are made and collected. All moneys received from gifts and grants and all proceeds from services, conferences, and sales of publications and promotional materials to carry out the purposes for which made or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505 (1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300 annually, shall be credited to this appropriation account.

SB887,68 Section 68 . 20.940 of the statutes is created to read:

SB887,48,24 20.940 Legislative authorization and oversight of requests to federal government. (1) Definition. In this section, “state agency” means any office, department, or independent agency in the executive branch of state government, other than the Board of Regents of the University of Wisconsin System.

SB887,49,6 (2) Legislative authorization required. A state agency may not submit a request to a federal agency for a waiver or a renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project unless legislation has been enacted specifically directing the submission of the request for a waiver, renewal, modification, withdrawal, suspension, termination, or authorization.

SB887,49,12 (3) Legislative oversight of requests to federal agencies. If submission to a federal agency of a request for a waiver or renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project is required in legislation enacted on or after January 1, 2011, the state agency that is required to submit the request shall do all of the following that apply:

SB887,49,14 (a) When the request has not been submitted to the applicable federal agency, do all of the following:

SB887,50,8 1. Beginning 60 days after the enactment of the legislation requiring the request or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan describing the state agency's plan for submitting the request including an expected timeline for submitting the request in which the submission date is no later than 90 days after submission of the implementation plan under this subdivision. If the state agency is unable to submit the request by the date specified in the implementation plan, the state agency may request from the joint committee on finance an extension not to exceed 90 days in a written submission that includes a report on the progress toward submission of the request and the reason an extension is needed. If the cochairpersons of the joint committee on finance do not notify the state agency within 14 working days after the date of the request for an extension under this subdivision that the committee has scheduled a meeting for the purpose of reviewing the extension request, the extension is considered granted. If, within 14 working days after the date of the request for an extension under this subdivision, the cochairpersons of the committee notify the state agency that the committee has scheduled a meeting for the purpose of reviewing the extension request, the state agency may consider the extension granted only upon approval by the committee. No more than 3 90-day extensions may be granted under this subdivision.

SB887,50,13 2. When the state agency has finalized its proposed request before submitting the request to the federal agency, submit the proposed request to the joint committee on finance for approval by the committee. The state agency may submit the proposed request to the appropriate federal agency only upon approval by the committee. The procedures under s. 13.10 do not apply to this subdivision.

SB887,50,15 (b) When the request has been submitted to the applicable federal agency but has not been denied or approved by that federal agency, do all of the following:

SB887,50,17 1. Contact no less frequently than biweekly the federal agency considering the request to continue negotiations in furtherance of approval of the request.

SB887,51,2 2. Beginning 30 days after the date of submission of the request to the federal agency or March 1, 2019, whichever is later, and monthly thereafter, submit to the joint committee on finance a progress report on negotiations with the federal agency toward approval of the request. The state agency shall request from the federal agency a description in writing of any portions of the request that the federal agency has stated will not be approved and reasons for not approving. The state agency shall include in its monthly report under this subdivision any written description from the federal agency regarding any portion of the request that the federal agency has stated will not be approved.

SB887,51,10 3. Beginning 90 days after the date of submission of the request to the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the state agency to brief the committee or provide testimony at a committee hearing at the committee's request. The state agency shall ensure that at least one representative of the state agency appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward approval of the request to respond to inquiries and requests for information by the committee.

SB887,51,20 4. Before final approval of the request by the federal agency, submit the proposed approval as negotiated with the federal agency to the joint committee on finance for approval or disapproval. The joint committee on finance may approve or disapprove but may not modify the proposed approval as negotiated with the federal agency. The state agency may agree to final approval of the request only upon approval by the joint committee on finance. If the joint committee on finance disapproves, the state agency shall withdraw the request or renegotiate the request with the federal agency and resubmit the proposed approval as renegotiated to the joint committee on finance for approval or disapproval. The procedures under s. 13.10 do not apply to this subdivision.

SB887,51,23 (c) When the request has been approved in whole or in part by the applicable federal agency but has not been fully implemented by the applicable state agency, do all of the following:

SB887,52,7 1. Beginning 60 days after the date of approval of any portion of the request by the applicable federal agency, or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan for the approved portions of the request including the expected timeline for final implementation of the request in accordance with the federal agency's approval. When the state agency submits an implementation plan that it considers its final implementation plan, the state agency may not implement the approved portions of the request until the joint committee on finance approves the final implementation plan. The procedures under s. 13.10 do not apply to this subdivision.

SB887,52,10 2. Beginning 30 days after the date of submission of the implementation plan and monthly thereafter, submit to the joint committee on finance a progress report on implementation of the approved portions of the request.

SB887,52,18 3. Beginning 90 days after the date of approval of any portion of the request by the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the state agency to brief the committee or provide testimony at a committee hearing at the committee's request. The state agency shall ensure that at least one representative of the state agency appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward implementation of the approval of the request to respond to inquiries and requests for information by the committee.

SB887,53,17 (4) Requests for renewal. No later than 9 months before the expiration of an approved waiver of federal law, pilot program, or demonstration project for which no legislation has been enacted specifying that the waiver, program, or project must be suspended or terminated, the state agency shall submit a written notice to the joint committee on finance of the expiration date and the state agency's intent regarding renewal. If the state agency intends to request substantive changes to the waiver, program, or project in its request to the federal agency, the state agency shall comply with the procedures under sub. (3). If the state agency intends to renew the waiver, program, or project without substantive changes, notwithstanding sub. (3) and before submitting the renewal request to the federal agency, the state agency shall submit a proposed renewal request to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the state agency within 14 working days after the date of the submittal of the proposed renewal request under this subsection that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the state agency may submit the proposed renewal request. If, within 14 working days after the date of the submittal of the proposed renewal request under this subsection, the cochairpersons of the committee notify the state agency that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the state agency may submit the proposed renewal request only upon approval by the committee. After reviewing the proposed renewal request and determining any changes requested are substantive, the cochairpersons of the joint committee on finance may require the state agency to comply with any of the procedures under sub. (3). The procedures under s. 13.10 do not apply to this subsection.

SB887,53,23 (5) Delegation to standing committee. The cochairpersons of the joint committee on finance may delegate to a standing committee of the legislature of appropriate subject matter jurisdiction any of the responsibilities of the joint committee on finance under sub. (3). The cochairpersons shall specify the terms of a delegation under this subsection and shall determine what constitutes an approval under a delegation under this subsection.

SB887,54,8 (6) Funding or position reduction for noncompliance. If the joint committee on finance determines that the applicable state agency has not made sufficient progress in submitting the request, negotiating with the federal agency, or implementing an approved portion of a request or is not acting in accordance with the enacted legislation requiring the submission of the request, the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the state agency's appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the state agency related to the program for which the request is required to be submitted. The procedures under s. 13.10 do not apply to this subsection.

SB887,69 Section 69. 35.93 (2) (b) 3. im. of the statutes is created to read:

SB887,54,11 35.93 (2) (b) 3. im. Notices of public comment periods on proposed guidance documents under s. 227.112 (1) (a).

SB887,70 Section 70. 45.57 of the statutes is amended to read:

SB887,54,17 45.57 Veterans homes; transfer of funding. The department may transfer all or part of the unencumbered balance of any of the appropriations under s. 20.485 (1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan repayment fund. The department shall notify the joint committee on finance in writing of any balance transferred under this section.

SB887,71 Section 71. 49.175 (2) (a) of the statutes is amended to read:

SB887,55,5 49.175 (2) (a) The department may not reallocate funds that are allocated under a paragraph under sub. (1) for any purpose specified in a paragraph under sub. (1) if the secretary of administration approves the reallocation unless the department first notifies the joint committee on finance in writing of the proposed reallocation. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed reallocation, the department may make the proposed reallocation. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed reallocation, the department may make the proposed reallocation only upon approval of the committee.

SB887,72 Section 72 . 49.175 (2) (c) of the statutes is amended to read:

SB887,55,21 49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration joint committee on finance for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and If the cochairpersons of the committee do not notify the department within 14 working days after the date the department submits the plan that the committee has scheduled a meeting to review the proposed reduction plan, the department shall allocate the moneys as specified in the plan. If, within 14 working days after the date the department submits the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed reduction plan, the department may allocated the moneys as specified in the plan only upon approval of the committee.

SB887,73 Section 73 . 49.45 (2t) of the statutes is created to read:

SB887,56,17 49.45 (2t) Submission of state plan amendments and provider payments. (a) The department may not submit a Medical Assistance state plan amendment to the federal department of health and human services or implement a change to the reimbursement rate for or make a supplemental payment to a provider under the Medical Assistance program under this subchapter when the amendment, rate change, or payment has an expected fiscal effect of less than $1,000,000 from all revenue sources over a 12-month period following the implementation date of the amendment, rate change, or payment without submitting the proposed state plan amendment, rate change, or payment to the joint committee on finance for review. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the proposed state plan amendment, rate change, or payment, the department may submit the state plan amendment, implement the rate change, or make the payment. If, within 14 working days after the date of the submittal under this paragraph by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed state plan amendment, rate change, or payment, the department may submit the state plan amendment, implement the rate change, or make the payment only upon approval by the committee.

SB887,57,4 (b) The department may not submit a Medical Assistance state plan amendment to the federal department of health and human services or implement a change to the reimbursement rate for or make a supplemental payment to a provider under the Medical Assistance program under this subchapter when the amendment, rate change, or payment has an expected fiscal effect of $1,000,000 or more from all revenue sources over a 12-month period following the implementation date of the amendment, rate change, or payment without submitting the proposed state plan amendment, rate change, or payment to the joint committee on finance for review. The department may submit the proposed state plan amendment, implement the rate change, or make the payment only upon approval by the committee of the proposed state plan amendment, rate change, or payment submitted under this paragraph.

SB887,57,9 (c) Notwithstanding pars. (a) and (b), the department is not required to submit a proposed change to a reimbursement rate for or supplemental payment to a provider under the Medical Assistance program under this subchapter to the joint committee on finance under par. (a) or (b) if explicit expenditure authority or funding for the specific change or supplemental payment is included in enacted legislation.

SB887,74 Section 74 . 49.45 (23b) of the statutes is created to read:

SB887,57,12 49.45 (23b) Childless adults demonstration project reform waiver implementation required. (a) In this subsection:

SB887,57,13 1. “Community engagement activity” includes any of the following:

SB887,57,14 a. Work in exchange for money, goods, or services.

SB887,57,15 b. Unpaid work, such as volunteer work or community service.

SB887,57,16 c. Self-employment.

SB887,57,20 d. Participation in a work, job training, or job search program, as approved by the department, including the employment and training program under s. 49.79 (9), the Wisconsin Works program under ss. 49.141 to 49.161, programs under the federal workforce innovation and opportunity act, and tribal work programs.

SB887,57,21 2. “Exempt individual” means an individual who is any of the following:

SB887,57,23 a. Receiving temporary or permanent disability benefits from the federal or state government or a private source.

SB887,57,24 b. Determined by the department to be physically or mentally unable to work.

SB887,58,2 c. Verified as unable to work in a statement from a social worker or other health care professional.

SB887,58,3 d. Experiencing chronic homelessness.

SB887,58,5 e. Serving as primary caregiver for a person who cannot care for himself or herself.

SB887,58,7 f. Receiving or applying for unemployment compensation and complying with the work requirements for unemployment compensation.

SB887,58,10 g. Participating regularly in an alcohol or other drug abuse treatment or rehabilitation program, except for alcoholics anonymous or narcotics anonymous but including cultural interventions specific to American Indian tribes or bands.

SB887,58,13 h. Attending high school at least half time or enrolled in an institution of higher education, including vocational programs or high school equivalency programs, at least half time.

SB887,58,15 i. Exempt from work requirements under the food stamp program under s. 49.79.

SB887,58,18 (b) Beginning as soon as practicable after October 31, 2018, and ending no sooner than December 31, 2023, the department shall do all of the following with regard to the childless adults demonstration project under sub. (23):

SB887,58,24 1. Require in each month persons, except exempt individuals, who are eligible to receive Medical Assistance under sub. (23) and who are at least 19 years of age but have not attained the age of 50 to participate in, document, and report 80 hours per calendar month of community engagement activities. The department, after finding good cause, may grant a temporary exemption from the requirement under this subdivision upon request of a Medical Assistance recipient.

SB887,59,3 2. Require persons with incomes of at least 50 percent of the poverty line to pay premiums in accordance with par. (c) as a condition of eligibility for Medical Assistance under sub. (23).

SB887,59,5 3. Require as a condition of eligibility for Medical Assistance under sub. (23) completion of a health risk assessment.

SB887,59,8 4. Charge recipients of Medical Assistance under sub. (23) an $8 copayment for nonemergency use of the emergency department in accordance with 42 USC 1396o-1 (e) (1) and 42 CFR 447.54.

SB887,59,13 5. Disenroll from Medical Assistance under sub. (23) for 6 months any individual who does not pay a required premium under subd. 2. and any individual who is required under subd. 1. to participate in a community engagement activity but who does not participate for 48 aggregate months in the community engagement activity.

SB887,59,18 (c) 1. Persons who are eligible for the demonstration project under sub. (23) and who have monthly household income that exceeds 50 percent of the poverty line shall pay a monthly premium amount of $8 per household. A person who is eligible to receive an item or service furnished by an Indian health care provider is exempt from the premium requirement under this subdivision.

SB887,59,24 2. The department may disenroll under par. (b) 5. a person for nonpayment of a required monthly premium only at annual eligibility redetermination after providing notice and reasonable opportunity for the person to pay. If a person who is disenrolled for nonpayment of premiums pays all owed premiums or becomes exempt from payment of premiums, he or she may reenroll in Medical Assistance under sub. (23).

SB887,60,4 3. The department shall reduce the amount of the required household premium by up to half for a recipient of Medical Assistance under sub. (23) who does not engage in certain behaviors that increase health risks or who attests to actively managing certain unhealthy behaviors.

SB887,60,7 (d) The department shall comply with any other requirements not specified elsewhere in this subsection that are imposed by the federal department of health and human services in its approval effective October 31, 2018.

SB887,60,12 (e) Before December 31, 2023, the demonstration project requirements under this subsection may not be withdrawn and the department may not request from the federal government withdrawal, suspension, or termination of the demonstration project requirements under this subsection unless legislation has been enacted specifically allowing for the withdrawal, suspension, or termination.

SB887,60,14 (f) The department shall comply with all applicable timing in and requirements of s. 20.940.

SB887,75 Section 75 . 49.79 (9) (d) 1. of the statutes is repealed.

SB887,76 Section 76 . 49.79 (9) (d) 2. of the statutes is renumbered 49.79 (9) (d) and amended to read:

SB887,60,23 49.79 (9) (d) Subject to the promulgation of rules under subd. 1. s. 49.791, the department shall screen and, if indicated, test and treat participants in an employment and training program under this subsection who are able-bodied adults for illegal use of a controlled substance without a valid prescription for the controlled substance. Eligibility for an able-bodied adult to participate in an employment and training program under this subsection is subject to s. 49.791.

SB887,77 Section 77 . 49.791 of the statutes is created to read:

SB887,61,2 49.791 Substance abuse screening, testing, and treatment for employment and training programs. (1) Definitions. In this section:

SB887,61,3 (a) “Able-bodied adult” has the meaning given in s. 49.79 (1) (am).

SB887,61,7 (b) “Administering agency” means an administrative agency within the executive branch under ch. 15 or an entity that contracts with the state such as a single county consortia under s. 49.78 (1r), a multicounty consortia under s. 49.78 (1) (br), or a tribal governing body under s. 49.78 (1) (cr).

SB887,61,12 (c) “Confirmation test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing the requisite specificity, sensitivity, and quantitative accuracy to positively confirm use of a controlled substance.

SB887,61,13 (d) “Controlled substance” has the meaning given in s. 49.79 (1) (b).

SB887,61,15 (e) “Employment and training program” means the food stamp employment and training program under s. 49.79 (9).

SB887,61,16 (f) “Food stamp program” has the meaning given in s. 49.79 (1) (c).