Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1405,8 1906. Page 1326, line 5: after that line insert:

SB55-ASA1-AA1,1405,14 "(10fk) Grant to Florence County Keyes Peak Recreation Center. From the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce shall provide a grant of $50,000 in the 2001-03 biennium to the Florence County Keyes Peak Recreation Center for a construction project. The department of commerce shall enter into an agreement with the grant recipient that specifies the uses for the grant proceeds and reporting and auditing requirements.

SB55-ASA1-AA1,1405,15 (11pk) Grants to Potosi Brewery Foundation.

SB55-ASA1-AA1,1405,16 (a) In this subsection:

SB55-ASA1-AA1,1405,17 1. "Department" means the department of commerce.

SB55-ASA1-AA1,1405,18 2. "Secretary" means the secretary of commerce.

SB55-ASA1-AA1,1405,22 (b) In the 2001-03 fiscal biennium, the department shall make a grant of $30,000 and a grant of $120,000 from the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, to Potosi Brewery Foundation for the purposes specified in paragraph (c) if all of the following apply:

SB55-ASA1-AA1,1406,3 1. Potosi Brewery Foundation submits a plan to the department detailing the proposed use of the grant, the plan is in compliance with the uses specified in paragraph (c), and the secretary approves the plan.

SB55-ASA1-AA1,1406,5 2. Potosi Brewery Foundation provides matching funds of $120,000 for the project.

SB55-ASA1-AA1,1406,8 3. Potosi Brewery Foundation enters into a written agreement with the department that specifies the conditions for the use of the grant proceeds, including reporting and auditing requirements.

SB55-ASA1-AA1,1406,10 4. Potosi Brewery Foundation agrees in writing to submit to the department the report required under paragraph (d) by the time required under paragraph (d).

SB55-ASA1-AA1,1406,14 (c) The grant of $30,000 under this subsection shall be used for development of a historic structure report and the grant of $120,000 under this subsection shall be used for development of a marketing plan, restoration and salvage of the brewery structure, and restoration project fundraising.

SB55-ASA1-AA1,1406,17 (d) If Potosi Brewery Foundation receives a grant under this subsection, it shall submit to the department, within 6 months after spending the full amount of the grant, a report detailing how the grant proceeds were used.

SB55-ASA1-AA1,1407,5 (12fk) Grant to Forward Wisconsin, Inc. Notwithstanding section 560.07 (3) (b) of the statutes, from the appropriation under section 20.143 (1) (kj) of the statutes, as affected by this act, the department of commerce shall provide a grant of $100,000 in fiscal year 2002-03 to Forward Wisconsin, Inc., for its activities related to attracting businesses to the state. Forward Wisconsin, Inc., shall expend the grant proceeds in adherence with the uniform travel schedule amounts approved under section 20.916 (8) of the statutes, as affected by this act, and may not expend the grant proceeds on entertainment, on foreign travel, on payments to persons not providing goods or services to Forward Wisconsin, Inc., or for other purposes prohibited by contract between Forward Wisconsin, Inc., and the department of commerce. The department of commerce shall enter into an agreement with Forward Wisconsin, Inc., that specifies the uses for the grant proceeds under this subsection and reporting and auditing requirements.".

SB55-ASA1-AA1,1407,6 1907. Page 1329, line 24: delete lines 24 to 25.

SB55-ASA1-AA1,1407,7 1908. Page 1330, line 1: delete lines 1 to 3.

SB55-ASA1-AA1,1407,8 1909. Page 1332, line 3: after that line insert:

SB55-ASA1-AA1,1407,11 "(6q) Chaplain positions. The authorized FTE positions for the department of corrections are decreased by 3.0 GPR chaplain positions, funded from the appropriation under section 20.410 (1) (a) of the statutes.".

SB55-ASA1-AA1,1407,12 1910. Page 1332, line 3: after that line insert:

SB55-ASA1-AA1,1407,13 "(6c) Juvenile justice system study.

SB55-ASA1-AA1,1407,20 (a) There is created a committee to study the costs of the state assuming from the counties responsibility for the operation of the juvenile justice system. The committee shall consist of the secretary of administration or the secretary's designee, the secretary of corrections or the secretary's designee, the secretary of health and family services or the secretary's designee, a representative of the Wisconsin Counties Association, and a representative of Milwaukee County, with the governor to appoint the chairperson of the committee.

SB55-ASA1-AA1,1408,2 (b) Beginning on January 1, 2002, each county shall adopt a uniform system of accounts prescribed by the committee for the recording of all revenues and expenditures relating to the operation of the juvenile justice system in the county. By March 15, 2003, each county shall report those revenues and expenditures for 2002 to the committee.

SB55-ASA1-AA1,1408,6 (c) By May 1, 2003, the committee shall report its findings, conclusions, and recommendations to the legislature in the manner provided in section 13.172 (2) of the statutes and to the governor. The report shall include proposed legislation for all of the following:

SB55-ASA1-AA1,1408,8 1. The assumption by the state of all or part of the operating costs of the juvenile justice system, beginning on January 1, 2004.

SB55-ASA1-AA1,1408,14 2. The elimination of youth aids payments to counties under section 301.26 of the statutes, as affected by this act, and a reduction in the amount of shared revenue payments and mandate relief payments to counties under sections 79.03, 79.058, 79.06, and 79.08 of the statutes and under section 79.04 of the statutes, as affected by this act, as a result of the state's assumption of the costs of operating the juvenile justice system.".

SB55-ASA1-AA1,1408,15 1911. Page 1332, line 3: after that line insert:

SB55-ASA1-AA1,1409,3 "(7z) Report on treatment programs for prisoners. By March 15, 2002, the department of corrections shall study and report on the availability and effectiveness of programs that provide prisoners with treatment for drug and alcohol abuse, instruction in basic skills such as reading and math, and training in job skills. The report shall include an analysis of the racial composition of the enrollment in such programs compared to the racial composition of the prison population as a whole. The report shall also include recommendations for establishing new programs that would better prepare prisoners to enter the workforce and suggestions about how current programs could be improved. The report shall be submitted to the appropriate standing committees of the legislature in the manner provided under section 13.172 (3) of the statutes, to the joint committee on finance, and to the governor.".

SB55-ASA1-AA1,1409,4 1912. Page 1332, line 8: after that line insert:

SB55-ASA1-AA1,1409,11 "(1x) Sublease of electronic voting equipment. The elections board shall make the payments required under the master lease for electronic voting system equipment entered into under Section 9101 (20x) of this act and shall sublease the equipment to any county in which municipalities using that equipment are wholly or partly contained at nominal cost to the county. The elections board shall make the payments required under this subsection from the appropriation under section 20.510 (1) (c) of the statutes, as created by this act.".

SB55-ASA1-AA1,1409,12 1913. Page 1333, line 4: after that line insert:

SB55-ASA1-AA1,1409,24 "(1k) Emergency rules; universal banking. Except as otherwise provided in this subsection, using the procedure under section 227.24 of the statutes, the division of banking may promulgate rules authorized under chapter 222 of the statutes, as created by this act, for the period before permanent rules become effective, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the division of banking is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection. This subsection does not apply to the promulgation of rules under section 222.0413 (2) (b) of the statutes, as created by this act.".

SB55-ASA1-AA1,1410,1 1914. Page 1333, line 4: after that line insert:

SB55-ASA1-AA1,1410,12 "(1d) Emergency rules; rental-purchase companies. Using the procedure under section 227.24 of the statutes, the division of banking may promulgate rules authorized under section 218.63 (3) of the statutes, as created by this act, prescribing the fees under sections 218.618 (2), 218.622 (4), and 218.626 (1) of the statutes, as created by this act, for the period before the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the division of banking is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.".

SB55-ASA1-AA1,1410,13 1915. Page 1333, line 21: after that line insert:

SB55-ASA1-AA1,1411,5 "(1) Court-ordered relative placement permanency plans. Notwithstanding sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the statutes, under an order of the court assigned to exercise jurisdiction under chapters 48 and 938 of the statutes, as affected by this act, on the day before the effective date of this subsection, the agency assigned primary responsibility for providing services to those children or juveniles under section 48.355 or 938.355 of the statutes shall file a permanency plan with that court with respect to not less than 33% of those children or juveniles by November 1, 2001, with respect to not less than 67% of those children or juveniles by January 1, 2002, and with respect to all of those children or juveniles by March 1, 2002, giving priority to those children or juveniles who have been living in the home of a relative for the longest period of time. Notwithstanding section 48.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5) (a) of the statutes, as affected by this act, a permanency plan filed under this subsection shall be reviewed within 6 months after the date on which the permanency plan is filed.".

SB55-ASA1-AA1,1411,6 1916. Page 1335, line 7: after "to" insert "attempt to".

SB55-ASA1-AA1,1411,12 1917. Page 1336, line 2: delete lines 2 to 4 and substitute "Services. If after supporting the costs specified in section 46.46 of the statutes, as affected by this act, and lapsing the amounts specified in Section 9223 (4z) (b) and (5zk) of this act there remain any moneys in the appropriation account under section 20.435 (8) (mb) of the of the statutes, as affected by this act, those remaining moneys are allocated for costs associated with transferring cases of children in".

SB55-ASA1-AA1,1411,15 1918. Page 1336, line 12: after "administration." insert "The department of health and family services may propose expending or encumbering no more than $2,933,700 under this subsection.".

SB55-ASA1-AA1,1411,16 1919. Page 1337, line 15: delete "2002" and substitute "2003".

SB55-ASA1-AA1,1411,17 1920. Page 1338, line 2: after that line insert:

SB55-ASA1-AA1,1411,23 "(9wo) Report on potential badger care health care programs savings. The department of health and family services shall study the potential for long-term savings under the badger care health care program under section 49.665 of the statutes, as affected by this act. No later than January 1, 2002, the department of health and family services shall report the results of the study, together with its findings and recommendations, to the joint committee on finance.".

SB55-ASA1-AA1,1411,24 1921. Page 1338, line 15: after that line insert:

SB55-ASA1-AA1,1412,1 "(10w) Increased funding for domestic abuse programs.

SB55-ASA1-AA1,1412,5 (a) Notwithstanding section 46.95 (2) of the statutes, the department of health and family services shall increase by $125,000 in each fiscal year of the 2001-03 fiscal biennium the overall amount provided in grants, under its domestic abuse grants program, for all of the following:

SB55-ASA1-AA1,1412,6 1. Basic services.

SB55-ASA1-AA1,1412,7 2. Children's programming.

SB55-ASA1-AA1,1412,8 3. Expansion and satellite programs.

SB55-ASA1-AA1,1412,9 4. Tribal programs.

SB55-ASA1-AA1,1412,10 5. Underrepresented populations.

SB55-ASA1-AA1,1412,11 6. Training and technical assistance.

SB55-ASA1-AA1,1412,14 (b) The department of health and family services shall increase the amount provided for each of the purposes specified under paragraph (a) by the same percentage.".

SB55-ASA1-AA1,1412,15 1922. Page 1338, line 16: delete lines 16 to 20.

SB55-ASA1-AA1,1412,16 1923. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1412,24 "(17g) Badger care health care program waiver; insurance verification. Not later than January 1, 2002, the department of health and family services shall request a waiver from the federal secretary of health and human services to permit the department to verify whether a family, or child who does not reside with a parent, has access or has had access to employer-subsidized health care within the time period established under section 49.665 (4) (a) 3. of the statutes, prior to enrolling the family or child in the badger care health care program under section 49.665 of the statutes.

SB55-ASA1-AA1,1413,8 (17h) Badger care health care program waiver; eligibility. Not later than January 1, 2002, the department of health and family services shall request a waiver from the federal secretary of health and human services to increase the period of time that a family, or a child who does not reside with a parent, is required to be without employer-subsidized health care coverage before the family or child is eligible for the badger care health care program under section 49.665 of the statutes, as affected by this act. The waiver shall request that the period of time be increased to all of the following:

SB55-ASA1-AA1,1413,10 (a) Except as provided in paragraphs (), (), and ( ), 6 months.

SB55-ASA1-AA1,1413,16 (b) If the family or child had employer-subsidized health care coverage during the 6 months immediately preceding the date on which the family or child applies for the badger care health care program, but the family or child no longer has the health care coverage because the coverage was terminated, and the termination was not the fault of the family or child, as determined by the department of heath and family services, 45 days.

SB55-ASA1-AA1,1413,22 (c) If the family or child had employer-subsidized health care coverage during the 6 months immediately preceding the date on which the family or child applies for the badger care health care program, but the family or child no longer has the health care coverage because the family or child has exhausted the health care coverage available under 42 USC 300bb-1 to 300bb-8 as provided in 29 CFR 2590.701-2 (4), at least 3 months.

SB55-ASA1-AA1,1414,2 (d) If the family or child had employer-subsidized health care coverage during the 6 months immediately preceding the date on which the family or child applies for the badger care health care program, but the family or child no longer has that health care coverage because of the termination of employment, at least 3 months.".

SB55-ASA1-AA1,1414,3 1924. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1414,18 "(19g) Comprehensive quality assessment pilot project. By January 1, 2002, the department of health and family services shall submit for review by the appropriate standing committees of each house of the legislature, as determined by the presiding officer of each house, a request to the federal department of health and human services for a waiver, under 42 USC 1315 (a), of federal medical assistance laws to permit nursing facilities, as approved by the department of health and family services, to participate in the counties of Brown, Grant, Polk, and Waukesha in a pilot project under section 49.4981 of the statutes, as created by this act, under which comprehensive assessments of the quality of care provided to residents of the nursing facilities that are conducted by a private entity would, if approved by the department of health and family services, be used in lieu of annual surveys conducted by the department. The department of health and family services may not submit the request for a waiver, as specified in this subsection, to the federal department of health and human services unless the request is approved by the appropriate standing committees of the legislature that review the request.".

SB55-ASA1-AA1,1414,19 1925. Page 1338, line 20: after that line insert:

SB55-ASA1-AA1,1415,2 "(16r) Plan for services for persons with developmental disabilities. The department of health and family services shall develop a plan to administer and fund services for persons with developmental disabilities. The plan, which shall include any recommended statutory language changes that are needed to implement the plan, shall be included in that department's budget request that is submitted to the department of administration for the 2003-05 biennium. The plan shall include the following components:

SB55-ASA1-AA1,1415,8 (a) Institutional and community-based services for persons with developmental disabilities shall be administered within one administrative subunit of the department of health and family services. The subunit that is designated to administer these services shall be the subunit that is administering community-based services for persons with developmental disabilities on the effective date of this paragraph.

SB55-ASA1-AA1,1415,14 (b) Funding under the medical assistance program for institutional services and home and community-based waiver services for persons with developmental disabilities shall be combined into one appropriation, to the extent permissible under federal law. The funding in this appropriation may not be tied to any specific program or service setting, but shall be individually tailored to enable the person to live in the least restrictive setting appropriate to his or her needs and preferences.

SB55-ASA1-AA1,1415,22 (16rq) Medical assistance waivers for developmental disabilities services. The department of health and family services shall determine whether any new waivers under the medical assistance program are necessary to administer funding for medical assistance services as described in subsection (16r) (b). That department shall apply for any waivers of federal medical assistance statutes and regulations from the federal department of health and human services that the department of health and family services determines are necessary to administer funding for medical assistance services as described in subsection (16r) (b).

SB55-ASA1-AA1,1416,2 (16rr) Written plans of care for personal care services; rules. The department of health and family services shall submit in proposed form the rules required under section 49.45 (2) (a) 24. of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the fourth month beginning after the effective date of this subsection.

SB55-ASA1-AA1,1416,3 (16rs) Pilot program for long-term care of children with disabilities.

SB55-ASA1-AA1,1416,4 (a) In this subsection:

SB55-ASA1-AA1,1416,7 1. "Administering agency" means a county department under section 46.23, 51.42, or 51.437 of the statutes or a human services agency that administers the program under a contract with such a county department.

SB55-ASA1-AA1,1416,9 2. "Program" means a pilot program that provides a system of long-term care for children with disabilities and their families.

SB55-ASA1-AA1,1416,14 (b) The department of health and family services shall, as soon as possible before July 1, 2002, seek waivers of federal medical assistance statutes and regulations from the federal department of health and human services that are necessary to implement, in pilot sites, the program. If the waivers are granted, the program shall have all of the following characteristics:

SB55-ASA1-AA1,1416,20 1. Eligibility under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes shall be expanded to include children with severe disabilities and long-term care needs and children eligible for medical assistance with high medical costs, and medical assistance coverage of services shall be expanded to include services focused on the needs of children with developmental disabilities and their families.

SB55-ASA1-AA1,1416,22 2. The administration of the program shall be consistent with section 46.985 of the statutes, including a family-centered assessment and planning process.

SB55-ASA1-AA1,1417,2 3. The program shall operate within rate settings based upon a child's level of care and support needs. The department of health and family services shall promulgate rules that specify rates that are consistent with federal medical assistance home and community-based waiver regulations.

SB55-ASA1-AA1,1417,5 4. The department of health and family services shall coordinate supports and services under the program with the medical assistance fee-for-service system, including the prior authorization process.

SB55-ASA1-AA1,1417,6 5. The lead agency for the program shall be an administering agency.

SB55-ASA1-AA1,1417,9 6. Counties in which the program is located shall provide, contract for the provision of, organize, or arrange for long-term care supports for eligible children up to age 24 years, consistent with section 46.985 (1) (b) and (6) (f) of the statutes.

SB55-ASA1-AA1,1417,11 7. Information and assistance services operated under the program shall provide, contract, or arrange for the provision of all of the following:

SB55-ASA1-AA1,1417,13 a. Information and referral services and other assistance at hours that are convenient for the public.

SB55-ASA1-AA1,1417,14 b. Within the limits of available funding, prevention and intervention services.

SB55-ASA1-AA1,1417,15 c. Counseling concerning public and private benefits programs.

SB55-ASA1-AA1,1417,17 d. Assistance with understanding rights of children and parents within the long-term care system.

SB55-ASA1-AA1,1417,20 8. The administering agency shall determine functional and financial eligibility for the program by coordinating with the department of health and family services in completing all of the following:

SB55-ASA1-AA1,1417,22 a. A determination of functional eligibility for the children's long-term support benefit.

SB55-ASA1-AA1,1417,25 b. A determination of financial eligibility and of the maximum amount of cost sharing required for a family who is seeking long-term care services, under standards prescribed by the department of health and family services.

SB55-ASA1-AA1,1418,3 c. Assistance to a child who is eligible for a long-term support benefit and to the child's family with respect to the choice of whether or not to participate in the waiver pilot.

SB55-ASA1-AA1,1418,5 d. Assistance in enrolling in the program, for families who choose to enroll their children.

SB55-ASA1-AA1,1418,7 9. The cost of the program may not exceed the cost of existing services under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes.