Amendment ASA3-AB591

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1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 3, To 1995 ASSEMBLY BILL 591

March 1, 1996 - Offered by Joint committee on Finance.

AB591-ASA3,4,5 An Act to repeal 49.26 (1) (j), 49.27 (5) (e) 2., 49.50 (6e) (a), 560.14 (1) (a) 2., 632.745 (1) (f) 2., 635.02 (5m), 635.07, 635.17 and 635.26 (1) (b); to renumber 49.193 (9m) (a), 49.46 (1) (e), 49.50 (6e) (b) and 635.26 (1) (a); to renumber and amend 16.841 (1), 46.98 (4) (b), 48.651, 49.124 (1m), 49.19 (11) (b), 49.19 (20), 49.32 (10) and 49.46 (1) (cr); to consolidate, renumber and amend 560.14 (1) (a) (intro.) and 1.; to amend 13.94 (4) (a) 1., 13.94 (4) (b), 16.75 (6) (bm), 16.841 (2), 20.435 (1) (b), 20.435 (1) (bm), 20.435 (1) (o), 20.445 (1) (gd), 20.445 (3) (L), 20.445 (3) (Lm), 40.51 (8), 46.03 (21), 46.215 (1) (k), 46.22 (1) (b) 2. a., 46.22 (1) (b) 2. d., 46.25 (6), 46.25 (7m), 46.258 (1), 46.258 (2) (a) 1., 46.495 (1) (d), 46.979 (1), 46.98 (1) (b), 46.98 (2) (a), 46.98 (2m) (a), 46.98 (3) (c), 46.98 (4) (a) 2., 46.98 (4) (d), 46.98 (4g) (b), 46.986 (1) (b), 46.986 (1) (m), 46.987 (1) (a), 46.987 (2) (a), 46.995 (2) (c), 48.427 (3) (a) 5., 48.428 (2), 48.428 (4), 48.57 (3p) (g) (intro.), 48.651 (1) (intro.), 48.981 (2), 49.015 (2), 49.124 (2), 49.125 (1), 49.19 (4) (h) 1. b., 49.19 (4e) (a), 49.191 (1) (b), 49.191 (2), 49.193 (2) (a), 49.193 (4) (g), 49.193 (4) (j) 4., 49.193 (6) (c), 49.193 (7), 49.193 (8) (a), 49.193 (8) (bm), 49.195 (title), 49.195 (1), 49.195 (3), 49.197 (3), 49.26 (title), 49.26 (1) (e), 49.26 (1) (g) (intro.), 49.26 (1) (g) 1., 49.26 (1) (gm) (intro.), 49.26 (1) (h) 1. (intro.), 49.26 (1) (h) 1. a., 49.26 (1) (h) 1m. (intro.), 49.26 (1) (hm), 49.26 (1) (hr), 49.27 (3) (a), (b) and (c) and (4) (a) (intro.), 49.27 (6) (c), 49.30 (1) (intro.), 49.32 (7) (a), 49.32 (9) (a), 49.32 (9) (b), 49.32 (10) (title), 49.33 (1) (b), 49.33 (1) (c), 49.33 (2), 49.33 (8) (a), 49.36 (title), 49.36 (2), 49.36 (3) (a), 49.36 (3) (g), 49.36 (4), 49.36 (5), 49.36 (6), 49.36 (7), 49.45 (6m) (br) 1., 49.46 (1) (a) 1., 49.46 (1) (a) 1m., 49.46 (1) (a) 5., 49.46 (1) (a) 6., 49.46 (1) (a) 9., 49.46 (1) (a) 10., 49.46 (1) (a) 11., 49.46 (1) (a) 12., 49.46 (1) (a) 13., 49.46 (1) (cg), 49.46 (1) (cs), 49.46 (1) (d) 1., 49.47 (1), 49.47 (4) (a) (intro.), 49.47 (4) (c) 2., 49.50 (6g), 49.50 (6k) (a), 49.50 (6k) (b), 49.50 (7) (e), 49.52 (1) (d), 49.83, 49.84 (5), 49.85 (1), 49.85 (2) (b) and (3) (b) 1., 49.95 (4m) (a), 49.95 (11), 49.96, 59.07 (97), 60.23 (25), 66.184, 71.54 (2) (a) (intro.), 106.21 (1) (g), 106.215 (1) (fm), 108.16 (2) (b), 108.18 (1) (a), 108.19 (1) and (1m), 108.20 (2m), 111.70 (1) (a), 115.347, 115.40 (4) (b), 115.40 (4) (c) 1., 115.45 (3m) (a) 2., 119.82 (1) (a) 2., 120.13 (2) (g), 120.13 (14), 120.13 (27m), 185.981 (4t), 185.983 (1) (intro.), 230.04 (13) (a) and (e) 1. and 2., 230.147 (1), 230.147 (2), 230.147 (3), 600.01 (2) (b), 628.34 (3) (a), 628.34 (3) (b), 632.76 (2) (a), 632.896 (4), 767.045 (1) (c) 1., 767.075 (1) (c), 767.077 (intro.), 767.078 (1) (a) 2., 767.15 (1), 767.24 (6) (c), 767.29 (1m) (c), 767.29 (2), 767.29 (4), 767.32 (1) (a), 767.32 (1) (b) 1., 767.47 (6) (a) and (b), 799.40 (4), 814.61 (13) and 948.22 (4) (b); to repeal and recreate 20.435 (4) (d), 20.445 (3) (d), 48.57 (3m) (a), (am) (intro.), (d) and (e), 49.191 (3) (a) and (b) and 49.193 (8) (bm); and to create 16.39 (4) (bm), 16.75 (6) (bm), 16.841 (1) (b), 20.445 (1) (gg), 20.445 (3) (dy), 20.445 (3) (dz), 20.445 (3) (e), 20.445 (3) (em), 20.445 (3) (jm), 20.445 (3) (my), 40.51 (8m), 46.215 (1g), 46.22 (1g), 46.261, 46.98 (1) (at), 46.98 (1) (bd) and (bf), 46.98 (1) (cm), 46.98 (4) (am), 46.98 (4) (b) 1., 2. and 3., 46.98 (4) (bm), 46.98 (4) (bt), 46.98 (4) (bu), 46.98 (4) (dg) and (dm), 46.98 (6), 48.40 (1m), 48.57 (3m), 48.57 (3p), 48.57 (3t), 48.65 (1m), 48.651 (1) (a) and (b), 48.651 (2), 49.001 (9), 49.124 (1m) (b) and (bm), 49.124 (1m) (c), 49.124 (1m) (cm), 49.124 (1p), 49.138 (title), (2) and (3), 49.141, 49.143, 49.145, 49.146, 49.147, 49.148, 49.149, 49.151, 49.152, 49.153, 49.155, 49.157, 49.159, 49.161, 49.185, 49.19 (4e) (c), 49.19 (20) (b), 49.193 (2) (am), 49.193 (4) (k) 1m., 49.193 (4m), 49.193 (6) (e), 49.193 (9m) (ag), 49.193 (12), 49.21 (1) (c), 49.25 (10), 49.26 (1) (h) 1s., 49.27 (13), 49.32 (10) (b), 49.46 (1) (a) 4m., 49.46 (1) (a) 6m., 49.46 (1) (a) 16., 49.46 (1) (am) 3., 49.46 (1) (cb), 49.46 (1) (co) 4., 49.46 (1) (cr) 2., 49.46 (1) (e) 2., 49.465 (7), 49.47 (4) (ag), 49.47 (4) (an), 49.77 (3v), 71.07 (9e) (em), 102.07 (17), 102.07 (18), 102.29 (8m), 108.16 (6) (L), 108.16 (11), 108.22 (1) (g), 111.70 (4) (n), 111.91 (2) (k), 227.01 (13) (zs), 632.745, 632.747, 632.749 and 767.075 (1) (cm) of the statutes; relating to: creating a new public assistance program for families with dependent children, modifying the sunset of the aid to families with dependent children program, modifying administration of the food stamp program, modifying the eligibility requirements of certain recipients of medical assistance, creating a program to provide payment to a relative, other than a parent, who is providing care and maintenance for a child, modifying the postsecondary education and vocational skills training option in the job opportunities and basic skills program, applying the learnfare provisions statewide to certain individuals who are 6 to 19 years of age, background investigations of day care center licensees, contractors, employes, prospective employes and adult residents, modifying eligibility requirements for low-income and at-risk child care, grants to certain individuals for vocational training or education, group health insurance reform, creating a tax exemption, making modifications to the job opportunities and basic skills program, making modifications to the food stamp employment and training program, allowing advance payments of the earned income tax credit, providing an exemption from emergency rule procedures, providing an exemption from rule-making procedures, granting rule-making authority, making appropriations and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB591-ASA3, s. 2h Section 2h. 13.94 (4) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts 27 and 56, is amended to read:

AB591-ASA3,4,20 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically a professional baseball park district; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

AB591-ASA3, s. 2n Section 2n. 13.94 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591-ASA3,5,6 13.94 (4) (b) In performing audits of Wisconsin works agencies under subch. III of ch. 49, providers of medical assistance under subch. IV of ch. 49, corporations, institutions, associations, or other organizations, and their subgrantees or subcontractors, the legislative audit bureau shall audit only the records and operations of such providers and organizations which pertain to the receipt, disbursement or other handling of appropriations made by state law.

AB591-ASA3, s. 3 Section 3. 16.39 (4) (bm) of the statutes is created to read:

AB591-ASA3,5,9 16.39 (4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which one member is a participant under s. 49.147 (3) to (5).

AB591-ASA3, s. 4 Section 4. 16.75 (6) (bm) of the statutes is created to read:

AB591-ASA3,5,16 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-ASA3, s. 5 Section 5. 16.75 (6) (bm) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB591-ASA3,5,25 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-ASA3, s. 6 Section 6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:

AB591-ASA3,6,3 16.841 (1) (intro.) In this section, "agency":

AB591-ASA3,6,4 (a) "Agency" has the meaning given in s. 16.70 (1).

AB591-ASA3, s. 7 Section 7. 16.841 (1) (b) of the statutes is created to read:

AB591-ASA3,6,7 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-ASA3, s. 8 Section 8. 16.841 (2) of the statutes is amended to read:

AB591-ASA3,6,13 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-ASA3, 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 - See PDF for table - See PDF for table - See PDF for table - See PDF for table

AB591-ASA3, 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-ASA3,8,2 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-ASA3, s. 11 Section 11. 20.435 (1) (bm) of the statutes is amended to read:

AB591-ASA3,8,12 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-ASA3, s. 12 Section 12. 20.435 (1) (o) of the statutes is amended to read:

AB591-ASA3,8,16 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-ASA3, s. 15c Section 15c. 20.435 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 848, is repealed and recreated to read:

AB591-ASA3,9,7 20.435 (4) (d) Income maintenance payments to individuals. Biennially, the amounts in the schedule to provide state aid for county administered public assistance programs under s. 49.52 and to provide reimbursement to counties 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. Total payments under this paragraph to a county for the reimbursement of nonlegally responsible relative foster care costs incurred in a calendar year may not exceed the amount for which the county was reimbursed under this paragraph for nonlegally responsible relative foster care costs incurred in 1994. Disbursements for public assistance may be made directly from this appropriation including the state and county share under s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a) shall be returned to this appropriation. The receipt of the counties' payments for their share under s. 46.03 (20) shall be returned to this appropriation.

AB591-ASA3, s. 21b Section 21b. 20.445 (1) (gd) of the statutes is amended to read:

AB591-ASA3,9,18 20.445 (1) (gd) Unemployment interest and penalty payments. From the moneys received as interest and penalties collected under ss. 108.04 (11) (c) and 108.22 and assessments under s. 108.19 (1m), all moneys not appropriated under par. (ge) and (gf) for the payment of benefits specified in s. 108.07 (5) and 1987 Wisconsin Act 38, section 132 (1) (c), for the payment of interest to employers under s. 108.17 (3m), for the cost of administration of s. 108.16 (11) and for the payment of interest due on advances from the federal unemployment account under title XII of the social security act to the unemployment reserve fund, and for payments made to the unemployment reserve fund to obtain a lower interest rate or deferral of interest payments on these advances, except as otherwise provided in s. 108.20.

AB591-ASA3, s. 21c Section 21c. 20.445 (1) (gg) of the statutes is created to read:

AB591-ASA3,9,21 20.445 (1) (gg) Earned income tax credits. A sum sufficient to pay estimated earned income tax credits lawfully claimed under s. 108.16 (11).

AB591-ASA3, s. 21d Section 21d. 20.445 (3) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 849, is repealed and recreated to read:

AB591-ASA3,9,25 20.445 (3) (d) Income maintenance payments to individuals. Biennially, the amounts in the schedule to provide state aid for county administered public assistance programs for which reimbursement is provided under s. 49.33 (9) and for kinship care under s. 48.57 (3m) and to provide reimbursement to counties 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. Total payments under this paragraph to a county for the reimbursement of nonlegally responsible relative foster care costs incurred in a calendar year may not exceed the amount for which the county was reimbursed under this paragraph for nonlegally responsible relative foster care costs incurred in 1994. Disbursements for public assistance may be made directly from this appropriation including the state and county share under s. 46.03 (20) (a). Refunds received relating to payments made under s. 46.03 (20) (a) shall be returned to this appropriation. The receipt of the counties' payments for their share under s. 46.03 (20) shall be returned to this appropriation.

AB591-ASA3, s. 21f Section 21f. 20.445 (3) (dy) of the statutes is created to read:

AB591-ASA3,10,17 20.445 (3) (dy) Kinship and foster care assessments. The amounts in the schedule for foster care assessments and for kinship care assessments under s. 48.57 (3m).

AB591-ASA3, s. 21h Section 21h. 20.445 (3) (dz) of the statutes is created to read:

AB591-ASA3,10,21 20.445 (3) (dz) Wisconsin works administration and benefits. The amounts in the schedule for administration and benefit payments under Wisconsin works under ss. 49.141 to 49.161.

AB591-ASA3, s. 21m Section 21m. 20.445 (3) (e) of the statutes is created to read:

AB591-ASA3,10,24 20.445 (3) (e) Job access loans. Biennially, the amounts in the schedule for job access loans under s. 49.147 (6).

AB591-ASA3, s. 21r Section 21r. 20.445 (3) (em) of the statutes is created to read:

AB591-ASA3,11,2 20.445 (3) (em) Employment skills advancement program. The amounts in the schedule for the employment skills advancement program under s. 49.185.

AB591-ASA3, s. 22 Section 22. 20.445 (3) (jm) of the statutes is created to read:

AB591-ASA3,11,7 20.445 (3) (jm) Wisconsin works fees. The amounts in the schedule for administration and benefit payments under Wisconsin works under ss. 49.141 to 49.161. All moneys received from fees and other payments under ss. 49.141 to 49.161 shall be credited to this appropriation.

AB591-ASA3, 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-ASA3,11,15 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.