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  Date of enactment: December 14, 2018
2017 Senate Bill 886   Date of publication*: December 15, 2018
* Section 991.11, Wisconsin Statutes: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication."
2017 WISCONSIN ACT 370
An Act to repeal 49.79 (9) (d) 1., 601.83 (1) (b) and 601.85 (4); to renumber and amend 49.79 (9) (d) 2., 108.04 (2) (a) 3. (intro.), 108.04 (2) (a) 3. a. to c. and 108.04 (2) (b); to amend 20.445 (1) (b), 49.175 (2) (a), 49.175 (2) (c), 106.05 (2) (b) (intro.), 106.05 (3) (a), 106.13 (3m) (b) (intro.), 106.18, 106.26 (3) (c) (intro.), 106.272 (1), 106.273 (3) (a) (intro.), 106.273 (3) (b), 106.275 (1) (a), 108.04 (2) (a) (intro.), 108.04 (2) (a) 1., 108.04 (2) (a) 2., 108.04 (2) (bm), 601.83 (1) (a), 601.83 (1) (g) and 601.83 (1) (h); and to create 20.445 (1) (bz), 20.445 (1) (cg), 20.445 (1) (dg), 20.445 (1) (dr), 20.445 (1) (e), 20.445 (1) (fg), 20.445 (1) (fm), 20.940, 49.45 (2t), 49.45 (23b), 49.791, 108.04 (2) (b) 1. (intro.), 108.04 (2) (b) 2. to 6., 108.04 (2) (bb), 108.04 (2) (bd) and 601.83 (1) (i) of the statutes; relating to: federal government waivers and other requests for federal approval; public assistance programs; waivers from work search and registration requirements for certain unemployment insurance benefit claimants; granting rule-making authority; and making an appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
370,1 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 PDF
370,2 Section 2. 20.445 (1) (b) of the statutes is amended to read:
20.445 (1) (b) Workforce training; programs, grants, and services. As a continuing appropriation, the The amounts in the schedule for the local youth apprenticeship grants under s. 106.13 (3m), youth summer jobs programs under s. 106.18, employment transit assistance grants under s. 106.26, workforce training programs, grants, and services under s. 106.27 (1), (1g), (1j), and (1r), teacher development program grants under s. 106.272, career and technical education incentive grants under s. 106.273 (3), technical education equipment grants under s. 106.275, and apprentice programs under subch. I of ch. 106.
370,3 Section 3. 20.445 (1) (bz) of the statutes is created to read:
20.445 (1) (bz) Career and technical education incentive grants. The amounts in the schedule for the career and technical education incentive grants under s. 106.273 (3).
370,4 Section 4. 20.445 (1) (cg) of the statutes is created to read:
20.445 (1) (cg) Technical education equipment grants. The amounts in the schedule for the technical education equipment grants under s. 106.275.
370,5 Section 5. 20.445 (1) (dg) of the statutes is created to read:
20.445 (1) (dg) Teacher development program grants. The amounts in the schedule for the teacher development program grants under s. 106.272.
370,6 Section 6. 20.445 (1) (dr) of the statutes is created to read:
20.445 (1) (dr) Apprenticeship programs. The amounts in the schedule for the apprentice programs under subch. I of ch. 106.
370,7 Section 7. 20.445 (1) (e) of the statutes is created to read:
20.445 (1) (e) Local youth apprenticeship grants. The amounts in the schedule for local youth apprenticeship grants under s. 106.13 (3m).
370,8 Section 8. 20.445 (1) (fg) of the statutes is created to read:
20.445 (1) (fg) Employment transit assistance grants. The amounts in the schedule for the employment transit assistance grants under s. 106.26.
370,9 Section 9. 20.445 (1) (fm) of the statutes is created to read:
20.445 (1) (fm) Youth summer jobs programs. The amounts in the schedule for youth summer jobs programs in 1st class cities under s. 106.18.
370,10 Section 10 . 20.940 of the statutes is created to read:
20.940 Legislative authorization and oversight of requests to federal government. (1) Definition. In this section, “department” means the department of health services.
(2) Legislative authorization required. The department may not submit a request to a federal agency for a waiver or a renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project unless legislation has been enacted specifically directing the submission of the request for a waiver, renewal, modification, withdrawal, suspension, termination, or authorization.
(3) Legislative oversight of requests to federal agencies. If submission to a federal agency of a request for a waiver or renewal, modification, withdrawal, suspension, or termination of a waiver of federal law or rules or for authorization to implement a pilot program or demonstration project is required in legislation enacted on or after January 1, 2011, the department that is required to submit the request shall do all of the following that apply:
(a) When the request has not been submitted to the applicable federal agency, do all of the following:
1. Beginning 60 days after the enactment of the legislation requiring the request or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan describing the department's plan for submitting the request including an expected timeline for submitting the request in which the submission date is no later than 90 days after submission of the implementation plan under this subdivision. If the department is unable to submit the request by the date specified in the implementation plan, the department may request from the joint committee on finance an extension not to exceed 90 days in a written submission that includes a report on the progress toward submission of the request and the reason an extension is needed. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the request for an extension under this subdivision that the committee has scheduled a meeting for the purpose of reviewing the extension request, the extension is considered granted. If, within 14 working days after the date of the request for an extension under this subdivision, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the extension request, the department may consider the extension granted only upon approval by the committee. No more than 3 90-day extensions may be granted under this subdivision.
2. When the department has finalized its proposed request before submitting the request to the federal agency, submit the proposed request to the joint committee on finance for approval by the committee. The department may submit the proposed request to the appropriate federal agency only upon approval by the committee. The procedures under s. 13.10 do not apply to this subdivision.
(b) When the request has been submitted to the applicable federal agency but has not been denied or approved by that federal agency, do all of the following:
1. Contact no less frequently than biweekly the federal agency considering the request to continue negotiations in furtherance of approval of the request.
2. Beginning 30 days after the date of submission of the request to the federal agency or March 1, 2019, whichever is later, and monthly thereafter, submit to the joint committee on finance a progress report on negotiations with the federal agency toward approval of the request. The department shall request from the federal agency a description in writing of any portions of the request that the federal agency has stated will not be approved and reasons for not approving. The department shall include in its monthly report under this subdivision any written description from the federal agency regarding any portion of the request that the federal agency has stated will not be approved.
3. Beginning 90 days after the date of submission of the request to the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the department to brief the committee or provide testimony at a committee hearing at the committee's request. The department shall ensure that at least one representative of the department appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward approval of the request to respond to inquiries and requests for information by the committee.
4. Before final approval of the request by the federal agency, submit the proposed approval as negotiated with the federal agency to the joint committee on finance for approval or disapproval. The joint committee on finance may approve or disapprove but may not modify the proposed approval as negotiated with the federal agency. The department may agree to final approval of the request only upon approval by the joint committee on finance. If the joint committee on finance disapproves, the department shall withdraw the request or renegotiate the request with the federal agency and resubmit the proposed approval as renegotiated to the joint committee on finance for approval or disapproval. The procedures under s. 13.10 do not apply to this subdivision.
(c) When the request has been approved in whole or in part by the applicable federal agency but has not been fully implemented by the department, do all of the following:
1. Beginning 60 days after the date of approval of any portion of the request by the applicable federal agency, or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan for the approved portions of the request including the expected timeline for final implementation of the request in accordance with the federal agency's approval. When the department submits an implementation plan that it considers its final implementation plan, the department may not implement the approved portions of the request until the joint committee on finance approves the final implementation plan. The procedures under s. 13.10 do not apply to this subdivision.
2. Beginning 30 days after the date of submission of the implementation plan and monthly thereafter, submit to the joint committee on finance a progress report on implementation of the approved portions of the request.
3. Beginning 90 days after the date of approval of any portion of the request by the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the department to brief the committee or provide testimony at a committee hearing at the committee's request. The department shall ensure that at least one representative of the department appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward implementation of the approval of the request to respond to inquiries and requests for information by the committee.
(4) Requests for renewal. No later than 9 months before the expiration of an approved waiver of federal law, pilot program, or demonstration project for which no legislation has been enacted specifying that the waiver, program, or project must be suspended or terminated, the department shall submit a written notice to the joint committee on finance of the expiration date and the department's intent regarding renewal. If the department intends to request substantive changes to the waiver, program, or project in its request to the federal agency, the department shall comply with the procedures under sub. (3). If the department intends to renew the waiver, program, or project without substantive changes, notwithstanding sub. (3) and before submitting the renewal request to the federal agency, the department shall submit a proposed renewal request to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal of the proposed renewal request under this subsection that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the department may submit the proposed renewal request. If, within 14 working days after the date of the submittal of the proposed renewal request under this subsection, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the department may submit the proposed renewal request only upon approval by the committee. After reviewing the proposed renewal request and determining any changes requested are substantive, the cochairpersons of the joint committee on finance may require the department to comply with any of the procedures under sub. (3). The procedures under s. 13.10 do not apply to this subsection.
(5) Delegation to standing committee. The cochairpersons of the joint committee on finance may delegate to a standing committee of the legislature of appropriate subject matter jurisdiction any of the responsibilities of the joint committee on finance under sub. (3). The cochairpersons shall specify the terms of a delegation under this subsection and shall determine what constitutes an approval under a delegation under this subsection.
(6) Funding or position reduction for noncompliance. If the joint committee on finance determines that the department has not made sufficient progress in submitting the request, negotiating with the federal agency, or implementing an approved portion of a request or is not acting in accordance with the enacted legislation requiring the submission of the request, the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the department's appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the department related to the program for which the request is required to be submitted. The procedures under s. 13.10 do not apply to this subsection.
370,11 Section 11. 49.175 (2) (a) of the statutes is amended to read:
49.175 (2) (a) The department may not reallocate funds that are allocated under a paragraph under sub. (1) for any purpose specified in a paragraph under sub. (1) if the secretary of administration approves the reallocation unless the department first notifies the joint committee on finance in writing of the proposed reallocation. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed reallocation, the department may make the proposed reallocation. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed reallocation, the department may make the proposed reallocation only upon approval of the committee.
370,12 Section 12 . 49.175 (2) (c) of the statutes is amended to read:
49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration joint committee on finance for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and If the cochairpersons of the committee do not notify the department within 14 working days after the date the department submits the plan that the committee has scheduled a meeting to review the proposed reduction plan, the department shall allocate the moneys as specified in the plan. If, within 14 working days after the date the department submits the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed reduction plan, the department may allocate the moneys as specified in the plan only upon approval of the committee.
370,13 Section 13 . 49.45 (2t) of the statutes is created to read:
49.45 (2t) Submission of state plan amendments and provider payments. (a) The department may not submit a Medical Assistance state plan amendment to the federal department of health and human services or implement a change to the reimbursement rate for or make a supplemental payment to a provider under the Medical Assistance program under this subchapter when the amendment, rate change, or payment has an expected fiscal effect of $7,500,000 or more from all revenue sources over a 12-month period following the implementation date of the amendment, rate change, or payment without submitting the proposed state plan amendment, rate change, or payment to the joint committee on finance for review. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the proposed state plan amendment, rate change, or payment, the department may submit the state plan amendment, implement the rate change, or make the payment. If, within 14 working days after the date of the submittal under this paragraph by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed state plan amendment, rate change, or payment, the department may submit the state plan amendment, implement the rate change, or make the payment only upon approval by the committee.
(c) Notwithstanding par. (a), the department is not required to submit a proposed change to a reimbursement rate for or supplemental payment to a provider under the Medical Assistance program under this subchapter to the joint committee on finance under par. (a) if explicit expenditure authority or funding for the specific change or supplemental payment is included in enacted legislation.
370,14 Section 14 . 49.45 (23b) of the statutes is created to read:
49.45 (23b) Childless adults demonstration project reform waiver implementation required. (a) In this subsection:
1. “Community engagement activity” includes any of the following:
a. Work in exchange for money, goods, or services.
b. Unpaid work, such as volunteer work or community service.
c. Self-employment.
d. Participation in a work, job training, or job search program, as approved by the department, including the employment and training program under s. 49.79 (9), the Wisconsin Works program under ss. 49.141 to 49.161, programs under the federal workforce innovation and opportunity act, and tribal work programs.
2. “Exempt individual” means an individual who is any of the following:
a. Receiving temporary or permanent disability benefits from the federal or state government or a private source.
b. Determined by the department to be physically or mentally unable to work.
c. Verified as unable to work in a statement from a social worker or other health care professional.
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