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2015 - 2016 LEGISLATURE
ASSEMBLY AMENDMENT 28,
TO SENATE BILL 21
July 8, 2015 - Offered by Representatives Jorgensen, Barca, Considine and
Shankland.
SB21-AA28,1,21 At the locations indicated, amend the bill, as shown by senate substitute
2amendment 1, as follows:
SB21-AA28,1,3 31. At the appropriate places, insert all of the following:
SB21-AA28,1,4 4" Section 1. 13.39 (title) of the statutes is amended to read:
SB21-AA28,1,6 513.39 (title) Legislative consideration of biennial budget bill;
6earmarks
.
SB21-AA28,2 7Section 2. 13.40 of the statutes is created to read:
SB21-AA28,1,10 813.40 Legislative consideration of biennial budget bill; nonfiscal
9policy items.
(1) (a) In this section, except as provided in par. (b), "nonfiscal policy
10item" means any of the following:
SB21-AA28,1,1211 1. An item that generally has no state fiscal effect or the policy implications of
12the item are greater than the state fiscal effect.
SB21-AA28,2,2
12. An item that has been or is the subject of introduced legislation other than
2the biennial budget bill.
SB21-AA28,2,43 3. An item that would be referred to a standing committee of the legislature,
4other than the joint committee on finance.
SB21-AA28,2,55 4. An item that can be accomplished without legislation.
SB21-AA28,2,66 (b) In this section, "nonfiscal policy item" does not include any of the following:
SB21-AA28,2,77 1. An item that affects state program eligibility.
SB21-AA28,2,98 2. An item that, if prepared as a bill, would generally be referred to the joint
9committee on finance.
SB21-AA28,2,1110 3. An item that addresses a reorganization or transfer of state government
11operations or functions.
SB21-AA28,2,15 12(2) (a) No later than 30 days after the introduction of the biennial budget bill
13as provided under s. 16.47 (1m), the legislative fiscal bureau shall prepare a report,
14for submission to the cochairpersons of the joint committee on finance, that identifies
15all nonfiscal policy items.
SB21-AA28,2,1716 (b) The legislative fiscal bureau shall identify all nonfiscal policy items adopted
17in motions during joint committee on finance deliberations on a biennial budget bill.
SB21-AA28,2,23 18(3) Each nonfiscal policy item identified by the legislative fiscal bureau under
19sub. (2) shall be referred to an appropriate standing committee in each house of the
20legislature in the same manner as bills are referred to standing committees. The
21chairperson of each standing committee shall hold a hearing and an executive
22session on the nonfiscal policy item to make recommendations to the assembly or
23senate, whichever is appropriate.
SB21-AA28,3,3
1(4) The cochairpersons of the joint committee on finance shall introduce bills
2in both houses of the legislature for each nonfiscal policy item identified by the
3legislative fiscal bureau under sub. (2).
SB21-AA28,3 4Section 3. 49.45 (23) (a) of the statutes is amended to read:
SB21-AA28,3,125 49.45 (23) (a) The department shall request a waiver from the secretary of the
6federal department of health and human services to permit the department to
7conduct a demonstration project to provide health care coverage to adults who are
8under the age of 65, who have family incomes not to exceed 100 133 percent of the
9poverty line before application of the 5 percent income disregard under 42 CFR
10435.603 (d)
, except as provided in s. 49.471 (4g), and who are not otherwise eligible
11for medical assistance under this subchapter, the Badger Care health care program
12under s. 49.665, or Medicare under 42 USC 1395 et seq.
SB21-AA28,4 13Section 4. 49.471 (1) (cr) of the statutes is created to read:
SB21-AA28,3,1514 49.471 (1) (cr) "Enhanced federal medical assistance percentage" means a
15federal medical assistance percentage described under 42 USC 1396d (y) or (z).
SB21-AA28,5 16Section 5. 49.471 (4) (a) 4. b. of the statutes is amended to read:
SB21-AA28,3,1917 49.471 (4) (a) 4. b. The Except as provided in sub. (4g), the individual's family
18income does not exceed 100 133 percent of the poverty line before application of the
195 percent income disregard under 42 CFR 435.603 (d)
.
SB21-AA28,6 20Section 6. 49.471 (4g) of the statutes is created to read:
SB21-AA28,4,321 49.471 (4g) Medicaid expansion; federal medical assistance percentage. (a)
22For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23),
23the department shall comply with all federal requirements to qualify for the highest
24available enhanced federal medical assistance percentage. The department shall
25submit any amendment to the state medical assistance plan, request for a waiver of

1federal Medicaid law, or other approval required by the federal government to
2provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and
3qualify for the highest available enhanced federal medical assistance percentage.
SB21-AA28,4,144 (b) If the department does not qualify for an enhanced federal medical
5assistance percentage, or if the enhanced federal medical assistance percentage
6obtained by the department is lower than printed in federal law as of July 1, 2013,
7for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall
8submit to the joint committee on finance a fiscal analysis comparing the cost to
9maintain coverage for adults who are not pregnant and not elderly at up to 133
10percent of the poverty line to the cost of limiting eligibility to those adults with family
11incomes up to 100 percent of the poverty line. The department may reduce income
12eligibility for adults who are not pregnant and not elderly from up to 133 percent of
13the poverty line to up to 100 percent of the poverty line only if this reduction in income
14eligibility levels is approved by the joint committee on finance.".
SB21-AA28,4,18 152. Page 195, line 7: decrease the dollar amount for fiscal year 2015-16 by
16$113,100,000 and decrease the dollar amount for fiscal year 2016-17 by
17$247,400,000 for the purpose of providing Medical Assistance to certain adults with
18incomes up to 133 percent of the federal poverty line.
SB21-AA28,4,19 193. Page 425, line 6: delete lines 6 to 23.
SB21-AA28,4,20 204. Page 1145, line 9: delete lines 9 to 12.
SB21-AA28,4,21 215. Page 1147, line 4: delete lines 4 to 25.
SB21-AA28,4,22 226. Page 1245, line 3: delete lines 3 to 8.
SB21-AA28,4,24 237. Page 1245, line 21: delete the material beginning with that line and ending
24with page 1246, line 5.
SB21-AA28,5,1
18. Page 1537, line 13: delete lines 13 and 14.
SB21-AA28,5,3 29. Page 1548, line 1: delete the material beginning with "sections" and ending
3with "and (b)" on line 2 and substitute "section 254.30 (2) (a) and (b)".
SB21-AA28,5,4 410. Page 1563, line 20: after that line insert:
SB21-AA28,5,7 5"(5f) Medicaid expansion. The treatment of sections 49.45 (23) (a) and 49.471
6(1) (cr), (4) (a) 4. b., and (4g) takes effect on January 1, 2016, or on the day after
7publication, whichever is later.".
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