Amendment AA2-SSA2-AB843

LRBa2590/1

CMH&FFK:all

2017 - 2018 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO SENATE SUBSTITUTE AMENDMENT 2, TO ASSEMBLY BILL 843

March 22, 2018 - Offered by Representatives Hebl, Pope, Billings, Kolste, Sargent, Ohnstad, Subeck, Goyke, Neubauer, Considine, Kessler, Spreitzer and C. Taylor.

AB843-SSA2-AA2,1,1 At the locations indicated, amend the substitute amendment as follows:

AB843-SSA2-AA2,1,3 1. Page 1, line 9: delete the material beginning with “open" and ending with “screening;" on line 11.

AB843-SSA2-AA2,1,5 2. Page 2, line 1: delete the material beginning with that line and ending with page 15, line 2, and substitute:

AB843-SSA2-AA2,1,7 “ Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB843-SSA2-AA2,2 Section 2. 20.255 (1) (er) of the statutes is created to read:

AB843-SSA2-AA2,2,3 20.255 (1) (er) Wisconsin safe and healthy schools center. The amounts in the schedule for the program under s. 115.28 (38).

AB843-SSA2-AA2,3 Section 3. 20.255 (2) (ap) of the statutes is created to read:

AB843-SSA2-AA2,2,6 20.255 (2) (ap) School safety aid. A sum sufficient for school safety aid under s. 115.434.

AB843-SSA2-AA2,4 Section 4. 20.255 (2) (dh) of the statutes is created to read:

AB843-SSA2-AA2,2,9 20.255 (2) (dh) Violence prevention and reduction grants. The amounts in the schedule for grants to school districts under s. 115.369.

AB843-SSA2-AA2,5 Section 5. 20.455 (2) (gr) of the statutes is amended to read:

AB843-SSA2-AA2,2,14 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

AB843-SSA2-AA2,5c Section 5c. 49.45 (23) (a) of the statutes is amended to read:

AB843-SSA2-AA2,3,5 49.45 (23) (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d), except as provided in s. 49.471 (4g), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq.

AB843-SSA2-AA2,5d Section 5d. 49.471 (1) (cr) of the statutes is created to read:

AB843-SSA2-AA2,3,8 49.471 (1) (cr) “Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB843-SSA2-AA2,5e Section 5e. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB843-SSA2-AA2,3,12 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

AB843-SSA2-AA2,5f Section 5f. 49.471 (4g) of the statutes is created to read:

AB843-SSA2-AA2,3,22 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a) For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23), the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval request required by the federal government to provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and qualify for the highest available enhanced federal medical assistance percentage.

AB843-SSA2-AA2,4,9 (b) If the department does not qualify for an enhanced federal medical assistance percentage, or if the enhanced federal medical assistance percentage obtained by the department is lower than printed in federal law as of July 1, 2013, for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall submit to the joint committee on finance a fiscal analysis comparing the cost to maintain coverage for adults who are not pregnant and not elderly with family incomes up to 133 percent of the poverty line to the cost of limiting eligibility to those adults with family incomes up to 100 percent of the poverty line. The department may reduce income eligibility for adults who are not pregnant and not elderly from family incomes of up to 133 percent of the poverty line to family incomes of up to 100 percent of the poverty line only if this reduction in income eligibility levels is approved by the joint committee on finance.

AB843-SSA2-AA2,6 Section 6. 115.28 (38) of the statutes is created to read:

AB843-SSA2-AA2,4,14 115.28 (38) Wisconsin safe and healthy schools center; emergency preparedness and school violence. Provide, in cooperation with a cooperative educational service agency, a program to provide training and technical assistance to school district employees on emergency preparedness and school violence.

AB843-SSA2-AA2,7 Section 7. 115.364 (1) (a), (am) and (b) of the statutes, as created by 2017 Wisconsin Act 59, are amended to read:

AB843-SSA2-AA2,4,22 115.364 (1) (a) “Eligible independent charter school” is a school under contract with one of the entities under s. 118.40 (2r) (b) 1. or with the director under s. 118.40 (2x) that increased the amount it expended in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-AA2,5,3 (am) “Eligible private school” means a private school participating in a parental choice program under s. 118.60 or 119.23 that increased the amount it expended in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-AA2,5,8 (b) “Eligible school district” is a school district that increased the amount it expended in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-AA2,8 Section 8. 115.364 (1) (c) of the statutes is created to read:

AB843-SSA2-AA2,5,11 115.364 (1) (c) “Pupil services personnel" means school counselors, school social workers, school psychologists, and school nurses.

AB843-SSA2-AA2,9 Section 9. 115.364 (2) (a) 1., 2. and 3. of the statutes, as created by 2017 Wisconsin Act 59, are amended to read:

AB843-SSA2-AA2,5,19 115.364 (2) (a) 1. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible school district an amount equal to 50 percent of the amount by which the school district increased its expenditures in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-AA2,5,25 2. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible independent charter school an amount equal to 50 percent of the amount by which the independent charter school increased its expenditures in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-AA2,6,6 3. Subject to par. (b), from the appropriation under s. 20.255 (2) (da), pay to an eligible private school an amount equal to 50 percent of the amount by which the private school increased it expenditures in the preceding school year to employ, hire, or retain social workers pupil services personnel over the amount it expended in the school year immediately preceding the preceding school year to employ, hire, or retain social workers pupil services personnel.

AB843-SSA2-AA2,10 Section 10. 115.364 (2) (b) 2. a. of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-AA2,6,16 115.364 (2) (b) 2. a. Subject to subd. 2. b., if, after making the payments required under par. (a), moneys remain in the appropriation account under s. 20.255 (2) (da), the state superintendent shall reimburse eligible school districts, private schools, and independent charter schools for an amount equal to expenditures made by the school district, private school, or independent charter school in the preceding school year to employ, hire, or retain social workers pupil services personnel less the amount of increased expenditures for which the school district, private school, or independent charter school was reimbursed under par. (a).

AB843-SSA2-AA2,11 Section 11. 115.367 (3) of the statutes, as created by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-AA2,6,22 115.367 (3) Awards. The department shall award grants under this section beginning in the 2018-19 school year. From the appropriation under s. 20.255 (2) (dt), the department shall award at least $3,250,000 $10,250,000 in grants under this section each school year.

AB843-SSA2-AA2,12 Section 12. 115.369 of the statutes is created to read:

AB843-SSA2-AA2,7,2 115.369 Violence prevention and reduction grants. (1) Beginning in the 2018-19 school year, the department shall award grants on a competitive basis to school districts to develop and implement programs to prevent and reduce violence in schools.

AB843-SSA2-AA2,7,4 (2) A school district may not expend proceeds of a grant received under this section on school district personnel costs.

AB843-SSA2-AA2,7,6 (3) The department shall promulgate rules to implement and administer this section, including all of the following:

AB843-SSA2-AA2,7,7 (a) Rules that specify eligibility criteria for receiving a grant under this section.

AB843-SSA2-AA2,7,9 (b) Rules that specify eligible uses of grant proceeds, including funding any of the following school violence prevention activities:

AB843-SSA2-AA2,7,11 1. Developing and implementing conflict resolution or dispute management strategies, including restorative justice and student leadership programs.

AB843-SSA2-AA2,7,13 2. Providing character education, asset building, peer mediation, antibullying, and equity programs.

AB843-SSA2-AA2,7,15 3. Developing and implementing suicide risk screening, intervention, and prevention efforts.

AB843-SSA2-AA2,7,16 4. Implementing behavioral systems of support.

AB843-SSA2-AA2,7,17 5. Developing and implementing violence prevention curricula.

AB843-SSA2-AA2,7,19 6. Providing wraparound services for pupils, community schools, and family engagement activities.

AB843-SSA2-AA2,7,20 7. Providing school threat or risk assessments.

AB843-SSA2-AA2,7,22 8. Developing and implementing safety, violence prevention, emergency preparedness, and all-hazards school plans.

AB843-SSA2-AA2,7,23 9. Providing trainings with local community or law enforcement partners.

AB843-SSA2-AA2,13 Section 13. 115.434 of the statutes is created to read:

AB843-SSA2-AA2,7,25 115.434 School safety aid. (1) In this section:

AB843-SSA2-AA2,8,5 (a) “Local law enforcement agency" means a governmental unit of one or more persons employed full time by a city, town, village, or county in this state for the purpose of preventing and detecting crime and enforcing state laws or local ordinances, employees of which unit are authorized to make arrests for crimes while acting within the scope of their authority.

AB843-SSA2-AA2,8,7 (b) “Number of pupils enrolled" has the meaning given in s. 121.90 (1) (intro.) and includes 40 percent of the summer enrollment.

AB843-SSA2-AA2,8,9 (2) A school district is eligible for aid under this section if all of the following apply:

AB843-SSA2-AA2,8,11 (a) The school board and a local law enforcement agency jointly develop a school safety expenditure plan that satisfies all of the following criteria:

AB843-SSA2-AA2,8,13 1. The plan is consistent with the school board's school safety plan under s. 118.07 (4).

AB843-SSA2-AA2,8,14 2. The plan covers each school in the school district.

AB843-SSA2-AA2,8,15 3. The plan describes how the school board will use aid under this section.

AB843-SSA2-AA2,8,17 (b) The school board approves and submits the school safety expenditure plan to the department.

AB843-SSA2-AA2,8,23 (3) Beginning in the 2018-19 school year, from the appropriation under s. 20.255 (2) (ap), the department shall pay each school district that is eligible under sub. (2) an amount equal to $100 times the number of pupils enrolled in the school district or $40,000, whichever is greater, for the purpose of covering compensation costs associated with providing security officers in the school district, purchasing safety equipment, and improving school safety.

AB843-SSA2-AA2,14 Section 14. 118.07 (4) (b) of the statutes is amended to read:

AB843-SSA2-AA2,9,14 118.07 (4) (b) A school safety plan shall be created Each school board and the governing body of each private school shall establish a school safety team. The school board or governing body shall create the school safety plan with the active participation of appropriate parties, as specified by the school board or governing body of the private school. The appropriate parties the school safety team. The school safety team may include local law enforcement officers, fire fighters, school administrators, teachers, pupil services professionals, as defined in s. 118.257 (1) (c), parents, pupils, community members, and mental health professionals. A school safety plan shall include general guidelines specifying procedures for emergency prevention and mitigation, preparedness, response, and recovery. The plan shall specify one individual employed by the school board or governing body who is responsible for implementing the school safety plan. The plan shall also specify the process for reviewing the methods for conducting drills required to comply with the plan.

AB843-SSA2-AA2,15 Section 15. 118.07 (4) (d) of the statutes is amended to read:

AB843-SSA2-AA2,9,20 118.07 (4) (d) Each school board and the governing body of each private school shall review the school safety plan at least once every 3 years after the plan goes into effect. At least once every 3 years, each school board and the governing body of each private school shall conduct a comprehensive security site assessment of each school building and facility that is owned or leased by the school board or governing body.

AB843-SSA2-AA2,16 Section 16. 118.07 (4) (e) of the statutes is created to read:

AB843-SSA2-AA2,9,24 118.07 (4) (e) The department shall promulgate rules to establish minimum standards for conducting comprehensive security site assessments and for establishing school safety teams.

AB843-SSA2-AA2,17 Section 17. 119.04 (1) of the statutes, as affected by 2017 Wisconsin Act 59, is amended to read:

AB843-SSA2-AA2,10,15 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.0235 (3) (c), 66.0603 (1m) to (3), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.363, 115.364, 115.365 (3), 115.367, 115.369, 115.38 (2), 115.415, 115.434, 115.445, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.075, 118.076, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.196, 118.20, 118.223, 118.225, 118.24 (1), (2) (c) to (f), (6), (8), and (10), 118.245, 118.255, 118.258, 118.291, 118.292, 118.293, 118.30 to 118.43, 118.46, 118.50, 118.51, 118.52, 118.53, 118.55, 118.56, 120.12 (2m), (4m), (5), and (15) to (27), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34), (35), (37), (37m), (38), and (39), 120.137, 120.14, 120.20, 120.21 (3), and 120.25 are applicable to a 1st class city school district and board but not, unless explicitly provided in this chapter or in the terms of a contract, to the commissioner or to any school transferred to an opportunity schools and partnership program.

AB843-SSA2-AA2,18 Section 18. 165.63 (3) of the statutes is amended to read:

AB843-SSA2-AA2,10,20 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (8) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB843-SSA2-AA2,19 Section 19. 165.63 (4) (d) of the statutes is amended to read:

AB843-SSA2-AA2,10,24 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (8) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB843-SSA2-AA2,20 Section 20. 175.33 of the statutes is created to read: