AB533: Bill Text

The bill creates a temporary office of government-sectarian facilitation in the DOA. The office is headed by an official titled "the facilitator" and is to operate for three years (from November 1, 1999, to November 1, 2002).

The facilitator is nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The facilitator may not be a member of the board of directors, be otherwise involved in the governance or control of, or be employed by any faith-based organization eligible for funding to provide government services under the bill. In addition, the facilitator must have experience relevant to the operation of nonprofit organizations or state or local government and must have a demonstrated understanding of state and federal laws regarding nondiscrimination against religious organizations.

The bill appropriates $57,600 GPR in 1999-00 and $67,400 GPR in 2000-01 for the office of government-sectarian facilitation and increases by 1.0 the full-time equivalent (FTE) authorized project positions for DOA.

The office of government-sectarian facilitation is required to: (1) assist in the implementation of state and federal laws regarding nondiscrimination against religious organizations; and (2) facilitate interaction between faith-based organizations and state and local government. Specifically, the office must do all of the following:

• Provide information on laws regarding nondiscrimination against faith–based organizations.

• Assist government agencies in utilizing the services of faith–based organizations in the provision of governmental services.

• Assist faith–based organizations in their efforts to participate in the provision of governmental services.

• Compile and provide to the public information on governmental services available through faith–based organizations.

• Monitor compliance, by faith-based organizations that it assists, with laws that provide that: (1) a religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by a state agency or a county on the basis of religion, a religious belief or refusal to actively participate in a religious practice; and (2) no funds provided directly to religious organizations by the state or a county may be expended for sectarian worship, instruction or proselytization.

• Conduct an evaluation of the extent to which state and local governments are utilizing the services of faith-based organizations in the provision of governmental services, including the extent to which faith-based organizations comply with the laws discussed above. The office must also develop recommendations to increase government utilization of the services of faith-based organizations.

The bill requires the office to submit a report of the evaluation and recommendations to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and president of the senate under s. 13.172 (3), and the governor no later than October 1, 2002.

Establishment of a neighborhood organization incubator grant program

Currently, neighborhood organizations may be motivated to provide services to neighborhood residents directed at community concerns such as the need for after-school recreation for children; prevention and counseling services relating to child abuse, domestic abuse and alcohol and other drug problems; diversion of youth from gang activities; crime prevention; and inmate and ex-offender rehabilitation or aftercare. However, many of these organizations do not have the time, resources or technical expertise to gain access to sources of funding that may enable them to address these concerns.

The bill authorizes DHFS to award a grant to a community-based public or private, nonprofit organization ("an agency") upon submission of an application containing a plan detailing the proposed use of the grant.

A grant recipient is required to do all of the following:

• Provide information to neighborhood organizations about sources of public and private funding.

• Assist neighborhood organizations in obtaining funding and other assistance from public and private entities.

• Act as a liaison between the neighborhood organizations and the public and private funding sources.

• Provide appropriate training and professional development services to members of neighborhood organizations.

• Engage in outreach efforts to inform neighborhood organizations of the services available from the agency.

• Undertake other activities to facilitate the effectiveness and development of neighborhood organizations.

The agency receiving a grant is required to submit to DHFS, within 90 days after spending the entire grant, a report detailing the use of the grant proceeds.

Distribution of AODA funding

Currently, DHFS and DOC administer various programs that provide funding for AODA intervention and treatment services.

The bill requires DHFS and DOC to do all of the following:

• Develop one or more methods to evaluate the effectiveness of AODA intervention and treatment services and develop performance standards regarding those services.

• Adopt policies to ensure that, to the extent possible under state and federal law, all funding for AODA intervention and treatment services they administer is distributed based on the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

• Require every application for funding for AODA intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of services.

• Require every recipient of DHFS or DOC funding for AODA services to provide to DHFS or DOC information necessary to evaluate the effectiveness of the services provided.

AB533, s. 1 Section 1. 15.01 (6) of the statutes is amended to read:

AB533,7,12 15.01 (6) "Division," "bureau," "section" and "unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance and the office of government-sectarian facilitation in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" under this subsection. The office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of "bureau" under this subsection.

Note: See the Note to Section 5.

AB533, s. 2 Section 2. 15.02 (3) (c) 1. of the statutes is amended to read:

AB533,8,8 15.02 (3) (c) 1. The principal subunit of the department is the "division". Each division shall be headed by an "administrator". The office of justice assistance and the office of government-sectarian facilitation in the department of administration and the office of credit unions in the department of financial institutions have the meaning of "division" and the executive staff director of the office of justice assistance and the facilitator heading the office of government-sectarian facilitation in the department of administration and the director of credit unions have the meaning of "administrator" under this subdivision.

Note: See the Note to Section 5.

AB533, s. 3 Section 3. 15.105 (title) of the statutes is amended to read:

AB533,8,10 15.105 (title) Same; attached boards, commissions and office offices.

AB533, s. 4 Section 4 . 15.105 (26) of the statutes is created to read:

AB533,8,23 15.105 (26) Office of government-sectarian facilitation. There is created an office of government-sectarian facilitation, headed by the facilitator, which is attached to the department of administration under s. 15.03. The facilitator shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The facilitator may not be a member of the board of directors of, be otherwise involved in the governance or control of, or be employed by any faith-based organization eligible for contracts or grants under s. 59.54 (27) or 301.065. The facilitator shall have experience relevant to the operation of nonprofit organizations or state or local government and shall have a demonstrated understanding of state and federal laws regarding nondiscrimination against religious organizations. This subsection does not apply after November 1, 2002.

Note: For an explanation of this provision, see the Note to Section 5 .

AB533, s. 5 Section 5 . 16.25 of the statutes is created to read:

AB533,9,6 16.25 Office of government-sectarian facilitation. (1) The office of government-sectarian facilitation shall do all of the following to assist in the implementation of federal and state laws regarding nondiscrimination against religious organizations in the provision of government services and to facilitate interaction between faith-based organizations and state and local governments:

AB533,9,9 (a) Provide information to state and local governments and other interested persons about laws regarding nondiscrimination against faith-based organizations in the provision of government services.

AB533,9,11 (b) Assist state and local governments in using the services of faith-based organizations in the provision of government services.

AB533,9,13 (c) Assist faith-based organizations in their efforts to participate in the provision of government services.

AB533,9,15 (d) Compile and provide to the public information on state and local government services available through faith-based organizations.

AB533,9,17 (e) Monitor compliance with ss. 46.027 (6) and (9), 49.114 (6) and (9), 59.54 (27) (g) and (j) and 301.065 (6) and (9) by faith-based organizations that it assists.

AB533,9,19 (2) The office of government-sectarian facilitation shall also do all of the following:

AB533,9,23 (a) Conduct an evaluation of the extent to which state and local governments utilize the services of faith-based organizations in providing government services and the extent to which faith-based organizations comply with the statutes listed in sub. (1) (e).

AB533,9,25 (b) Develop recommendations to increase state and local government utilization of services of faith-based organizations.

AB533,10,4 (c) Submit a report containing its evaluation and recommendations to the governor and to the appropriate standing committees of the legislature, as determined by the speaker of the assembly and the president of the senate, under s. 13.172 (3), no later than October 1, 2002.

AB533,10,5 (3) This section does not apply after November 1, 2002.

Note: This Section and Section 4 create the office of government-sectarian facilitation, headed by the facilitator. The purposes of the office are to: (a) assist in the implementation of federal and state laws regarding nondiscrimination against religious organizations in the provision of government services; and (b) facilitate interaction between faith-based organizations and state and local governments. The provisions creating the office of government-sectarian facilitation do not apply after November 1, 2002.

AB533, s. 6 Section 6 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

Note: This Section appropriates $100,000 GPR in each year of the 1999-2001 biennium to fund the neighborhood organization incubator grant program created in Section 12 and appropriates $57,600 GPR in fiscal year 1999-00 and $67,400 GPR in fiscal year 2000-01 to fund the office of government-sectarian facilitation created in Section 4.

AB533, s. 7 Section 7 . 20.005 (3) (schedule) of the statutes, as affected by 1999 Wisconsin Act .... (Assembly Bill 133): at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

Note: This Section duplicates the appropriations made under the previous Section to account for the repeal of all schedule entries upon the enactment of the 1999-2001 biennial budget.

AB533, s. 8 Section 8 . 20.435 (3) (ft) of the statutes is created to read:

AB533,11,6 20.435 (3) (ft) Neighborhood organization incubator grants. The amounts in the schedule for neighborhood organization incubator grants under s. 46.72.

Note: See the Note to Section 6.

AB533, s. 9 Section 9. 20.505 (4) (title) of the statutes is amended to read:

AB533,11,9 20.505 (4) (title) Attached divisions, boards, councils and, commissions and office.

AB533, s. 10 Section 10 . 20.505 (4) (em) of the statutes is created to read:

AB533,12,3 20.505 (4) (em) Office of government-sectarian facilitation. The amounts in the schedule for the general program operations of the office of government-sectarian facilitation.

Note: See the Note to Section 6.

AB533, s. 11 Section 11 . 46.03 (44) of the statutes is created to read:

AB533,12,8 46.03 (44) Performance evaluations for alcohol and other drug abuse intervention and treatment services. Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

AB533,12,11 (a) Developing one or more methods to evaluate the effectiveness of alcohol and other drug abuse intervention and treatment services and developing performance standards for alcohol and other drug abuse services.

AB533,12,16 (b) Adopting policies to ensure that, to the extent possible under state and federal law, all funding for alcohol and other drug abuse intervention and treatment services administered by the department is distributed based on the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

AB533,12,20 (c) Requiring every application for funding for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of services.

AB533,12,23 (d) Requiring every recipient of funding for alcohol and other drug abuse intervention and treatment services to provide information requested by the department for evaluating the effectiveness of the program.

Note: This Section requires DHFS to ensure that, to the extent possible under state and federal law, funding for AODA intervention and treatment programs administered by DHFS is distributed based on the effectiveness of the services in meeting performance standards developed by DHFS regarding those services.

AB533, s. 12 Section 12 . 46.72 of the statutes is created to read:

AB533,13,3 46.72 Neighborhood organization incubator grants. (1) Definitions. In this section:

AB533,13,5 (a) "Agency" means a community-based public or private nonprofit organization.

AB533,13,8 (b) "Neighborhood organization" means a community-based, private nonprofit organization that provides any of the following services or programs primarily to residents of the area in which the organization is located:

AB533,13,9 1. Crime prevention programs.

AB533,13,10 2. After-school and recreational programs for youth.

AB533,13,11 3. Child abuse and domestic abuse prevention services.

AB533,13,12 4. Alcohol and other drug abuse counseling and prevention services.

AB533,13,13 5. Programs for diversion of youth from gang activities.

AB533,13,14 6. Inmate and ex-offender rehabilitation or aftercare services.

AB533,13,18 (2) Grants. From the appropriation under s. 20.435 (3) (ft), the department shall award grants to agencies to provide services described under sub. (3) to neighborhood organizations. An agency application for a grant shall contain a plan detailing the proposed use of the grant.

AB533,13,20 (3) Requirements for grant recipients. An agency receiving a grant under this section shall do all of the following:

AB533,13,23 (a) Provide information to neighborhood organizations about funding and other assistance that may be available to neighborhood organizations from private and public entities.

AB533,14,2 (b) Assist neighborhood organizations in obtaining funding and other assistance from public and private entities.

AB533,14,4 (c) Act as a liaison between neighborhood organizations and public and private entities described under par. (a).

AB533,14,6 (d) Provide appropriate training and professional development services to members of neighborhood organizations.

AB533,14,8 (e) Engage in outreach to neighborhood organizations to inform them of the services available from the agency.