Amendment ASA2-AB591

AB591-ASA2,6,6 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of health and social services under s. 49.143, if the department of health and social services presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

AB591-ASA2, s. 5 Section 5. 16.75 (6) (bm) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB591-ASA2,6,15 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of health and social services industry, labor and job development under s. 49.143, if the department of health and social services industry, labor and job development presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

AB591-ASA2, s. 6 Section 6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:

AB591-ASA2,6,18 16.841 (1) (intro.) In this section, "agency":

AB591-ASA2,6,19 (a) "Agency" has the meaning given in s. 16.70 (1).

AB591-ASA2, s. 7 Section 7. 16.841 (1) (b) of the statutes is created to read:

AB591-ASA2,6,22 16.841 (1) (b) "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA2, s. 8 Section 8. 16.841 (2) of the statutes is amended to read:

AB591-ASA2,7,3 16.841 (2) The department shall contract with one or more child care providers, as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for child care services to be offered to the children of employes of agencies whose work stations are located in an area designated by the department comprising the central portion of the city of Madison.

AB591-ASA2, s. 9 Section 9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB591-ASA2, s. 10 Section 10. 20.435 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 808, is amended to read:

AB591-ASA2,7,18 20.435 (1) (b) Medical assistance program benefits. Biennially, the amounts in the schedule to provide the state share of medical assistance program benefits administered under s. 49.45, to provide medical assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to provide health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9) and (10). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation and may transfer between fiscal years funds that it transfers from the appropriation under sub. (3) (kb) for the purposes specified in s. 46.485 (3r).

AB591-ASA2, s. 11 Section 11. 20.435 (1) (bm) of the statutes is amended to read:

AB591-ASA2,8,10 20.435 (1) (bm) Medical assistance administration. Biennially, the amounts in the schedule to provide the state share of administrative contract costs for the medical assistance program under s. 49.45 and health care coverage under s. 49.153 and to reimburse insurers for their costs under s. 49.475. No state positions may be funded in the department of health and social services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the medical assistance program between the subunit of the department primarily responsible for administering the medical assistance program and another subunit of the department.

AB591-ASA2, s. 12 Section 12. 20.435 (1) (o) of the statutes is amended to read:

AB591-ASA2,8,14 20.435 (1) (o) Federal aid; medical assistance. All federal moneys received for meeting costs of medical assistance administered under s. 49.45 and for meeting the costs of health care coverage under s. 49.153.

AB591-ASA2, s. 13 Section 13. 20.435 (4) (a) of the statutes is amended to read:

AB591-ASA2,8,18 20.435 (4) (a) General program operations. The Biennially, the amounts in the schedule for general program operations relating to economic support, including field services and administrative services.

AB591-ASA2, s. 14 Section 14. 20.435 (4) (cn) of the statutes is repealed.

AB591-ASA2, s. 15 Section 15. 20.435 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 848, is repealed.

AB591-ASA2, s. 16 Section 16. 20.435 (4) (dc) of the statutes is repealed.

AB591-ASA2, s. 17 Section 17. 20.435 (4) (de) of the statutes is repealed.

AB591-ASA2, s. 18 Section 18. 20.435 (4) (df) of the statutes, as affected by 1995 Wisconsin Act 27, section 853, is repealed.

AB591-ASA2, s. 19 Section 19. 20.435 (4) (dg) of the statutes is repealed.

AB591-ASA2, s. 20 Section 20. 20.435 (4) (dz) of the statutes is created to read:

AB591-ASA2,9,24 20.435 (4) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g); for child care and related transportation costs under s. 49.50 (7) (e); for child care costs under ss. 46.98 (2m) and (3), 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b); for county administered public assistance benefits under s. 49.52; for payment distribution under s. 49.52 (1) for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62; for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) and for case management services for learnfare pupils under s. 46.62; for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591-ASA2, s. 21 Section 21. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (3) (dz) and amended to read:

AB591-ASA2,11,9 20.445 (3) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g) 49.191 (2); for child care and related transportation costs under s. 49.50 (7) (e) ss. 49.155, 49.157 and 49.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3), 49.191 (1) and 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits under s. 49.52 49.33; for payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for payments to Wisconsin works agencies for the Wisconsin works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin works health coverage eligibility determination under s. 49.153 (3); for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, or for the cost of kinship care under s. 48.57 (3m), including assessments under s. 48.57 (3m) (a) 3. and background investigations under s. 48.57 (3m) (a) 4.; for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) 49.26 (1) and for case management services for learnfare pupils under s. 46.62 49.26 (2); for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253 49.36; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties and Wisconsin works agencies for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591-ASA2, s. 22 Section 22. 20.445 (3) (jm) of the statutes is created to read:

AB591-ASA2,11,13 20.445 (3) (jm) Wisconsin works fees. All moneys received from fees and other payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works program.

AB591-ASA2, s. 23 Section 23. 20.445 (3) (L) of the statutes, as affected by 1995 Wisconsin Act 27, section 878, is amended to read:

AB591-ASA2,11,21 20.445 (3) (L) Welfare fraud and error reduction; state operations. From the moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), the amounts in the schedule for the department's activities to reduce error and fraud in the food stamp, aid to families with dependent children, Wisconsin works program and medical assistance programs.

AB591-ASA2, s. 24 Section 24. 20.445 (3) (Lm) of the statutes, as affected by 1995 Wisconsin Act 27, section 880, is amended to read:

AB591-ASA2,12,4 20.445 (3) (Lm) Welfare fraud and error reduction; local assistance. From the moneys received as the state's share of the recovery of overpayments and incorrect payments under ss. 49.125 (2), 49.191 (3) (c), 49.195 and 49.497 (1), all moneys not appropriated under par. (L) for county and tribal activities to reduce error and fraud in the food stamp, aid to families with dependent children, Wisconsin works program and medical assistance program.

AB591-ASA2, s. 25 Section 25. 40.51 (8) of the statutes is amended to read:

AB591-ASA2,12,8 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 632.72 (2), 632.745 (1) to (3) and (5), 632.747, 632.87 (3) to (5), 632.895 (5m) and (8) to (10) and 632.896.

AB591-ASA2, s. 26 Section 26. 40.51 (8m) of the statutes is created to read:

AB591-ASA2,12,11 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 632.745 (1) to (3) and (5) and 632.747.

AB591-ASA2, s. 27 Section 27. 46.03 (21) of the statutes is amended to read:

AB591-ASA2,12,16 46.03 (21) Day care standards. Promulgate rules establishing standards for the certification of day care providers under s. 48.651. In establishing standards for certification under s. 48.651 (1) (b), the department may not include a requirement for training for child care providers certified under s. 48.651 (1) (b).

AB591-ASA2, s. 28 Section 28. 46.032 of the statutes is amended to read:

AB591-ASA2,13,2 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591-ASA2, s. 29 Section 29. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27, section 2042, and .... (this act), is repealed and recreated to read:

AB591-ASA2,13,14 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591-ASA2, s. 30 Section 30. 46.215 (1) (k) of the statutes is amended to read:

AB591-ASA2,13,20 46.215 (1) (k) To certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, if the county accepts a contract to do so, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

AB591-ASA2, s. 31 Section 31. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,13,25 46.22 (1) (b) 2. a. To administer aid to families with dependent children under s. 49.19. This subdivision paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB591-ASA2, s. 32 Section 32. 46.22 (1) (b) 2. d. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,14,5 46.22 (1) (b) 2. d. To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029, if the county accepts a contract to do so.

AB591-ASA2, s. 33 Section 33. 46.25 (6) of the statutes is amended to read:

AB591-ASA2,14,14 46.25 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB591-ASA2, s. 34 Section 34. 46.25 (7m) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,15,2 46.25 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m).

AB591-ASA2, s. 35 Section 35. 46.253 (2) of the statutes is amended to read:

AB591-ASA2,15,10 46.253 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193. The department shall fund the program from the appropriation under s. 20.435 (4) (df) (dz).

AB591-ASA2, s. 36 Section 36. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2158b, is amended to read:

AB591-ASA2,16,3 46.258 (1) From the appropriation under s. 20.435 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

AB591-ASA2, s. 37 Section 37. 46.258 (2) (a) 1. of the statutes is amended to read:

AB591-ASA2,16,9 46.258 (2) (a) 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 48.57 (3m) or 49.148 or whose children receive benefits under s. 49.19 as well as for persons who do not receive benefits under s. 48.57 (3m) or 49.148 and whose children do not receive benefits under s. 49.19.

AB591-ASA2, s. 38 Section 38. 46.40 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,16,18 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, and to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).

AB591-ASA2, s. 39 Section 39. 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB591-ASA2, s. 40 Section 40. 46.45 (intro.) of the statutes is amended to read:

AB591-ASA2,17,4 46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

AB591-ASA2, s. 41 Section 41. 46.45 (1) of the statutes is repealed.

AB591-ASA2, s. 42 Section 42. 46.45 (6) of the statutes is amended to read:

AB591-ASA2,17,10 46.45 (6) The department may carry forward 10% of any funds not carried forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts.

AB591-ASA2, s. 43 Section 43. 46.495 (1) (am) of the statutes, as affected by 1995 Wisconsin Act 27, section 3132, is repealed and recreated to read:

AB591-ASA2,17,17 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB591-ASA2, s. 44 Section 44. 46.62 (2) of the statutes is amended to read:

AB591-ASA2,18,6 46.62 (2) From the appropriation under s. 20.435 (4) (dg) (dz), the department shall allocate funds to county departments for the provision of case management services to individuals who are required to attend school under s. 49.50 (7) (g) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this subsection to provide case management services to individuals who are 13 to 19 years of age shall be allocated to a county department of a county with a population of 500,000 or more. A county department is eligible to receive funds under this section to provide case management services to individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county were sanctioned under s. 49.50 (7) (h) or were subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.

AB591-ASA2, s. 45 Section 45. 46.979 (1) of the statutes is amended to read:

AB591-ASA2,18,10 46.979 (1) In this section, "child care provider" has the meaning given in s. 46.98 (1) (am) means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591-ASA2, s. 46 Section 46. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,18,15 46.979 (2) (a) From the appropriation under s. 20.435 (7) (o), as allocated in s. 46.40 (2m) (c), distribute $9,998,500 in fiscal year 1995-96 and $10,099,200 in fiscal year 1996-97 for child day care services under s. 46.98 (2m) and (3).

AB591-ASA2, s. 47 Section 47. 46.979 (2) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed.

AB591-ASA2, s. 48 Section 48. 46.979 (2) (c) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,18,22 46.979 (2) (c) (intro.) From the appropriation under s. 20.435 (3) (ky), distribute as follows the federal child care and development block grant funds that are received under 42 USC 9858 and that are not distributed under par. (a) or (b):

AB591-ASA2, s. 49 Section 49. 46.98 (1) (ar) of the statutes is created to read:

AB591-ASA2,18,25 46.98 (1) (ar) "Department" means the department of industry, labor and job development.

AB591-ASA2, s. 50 Section 50. 46.98 (1) (b) of the statutes is amended to read:

AB591-ASA2,19,4 46.98 (1) (b) "Gainfully employed" means working , or seeking employment or participating in a training or educational program designed to lead directly to paid employment.

AB591-ASA2, s. 51 Section 51. 46.98 (1) (bd) and (bf) of the statutes are created to read:

AB591-ASA2,19,7 46.98 (1) (bd) "Level I day care provider" means a day care provider certified under s. 48.651 (1) (a).

AB591-ASA2,19,9 (bf) "Level II day care provider" means a day care provider certified under s. 48.651 (1) (b).

AB591-ASA2, s. 52 Section 52. 46.98 (2) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA2,19,20 46.98 (2) (a) The department shall distribute the funds allocated under s. 46.40 (1) and (2m) (c) for at-risk, low-income and respite child care services under subs. (2m) and sub. (4g) to private nonprofit child care providers that provide child care for the children of migrant workers and to county departments under s. 46.215, 46.22 or 46.23. In addition, the department shall distribute the funds allocated under s. 46.40 (1), (2m) (c) and (4m) 49.181 (1) (b) for low-income and respite at-risk child care services under sub. subs. (2m) and (3) to private nonprofit child care providers who provide child care for the children of migrant workers county departments under s. 46.215, 46.22 or 46.23.