AB533: Bill Text

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.

AB533,14,10 (f) Undertake other activities that will increase the effectiveness and facilitate the development of neighborhood organizations.

AB533,14,13 (4) Report. An agency receiving a grant under this section shall submit to the department within 90 days after spending the full amount of the grant a report detailing the actual use of the proceeds of the grant.

Note: This Section establishes the neighborhood organization incubator grant program. Under the program, DHFS must award grants to one or more agencies to enable the agencies to assist neighborhood organizations in securing funding and becoming more effective.

AB533, s. 13 Section 13. 59.54 (27) of the statutes is created to read:

AB533,14,16 59.54 (27) Religious organizations; contract powers. (a) Definition. In this subsection, "board" includes any department, as defined in s. 59.60 (2) (a).

AB533,14,23 (b) General purpose and authority. The purpose of this subsection is to allow the board to contract with, or award grants to, religious organizations, under any program administered by the county dealing with delinquency and crime prevention or the rehabilitation of offenders on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

AB533,15,10 (c) Nondiscrimination against religious organizations. If the board is authorized to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors and grantees under any program administered by the board so long as the programs are implemented consistently with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in par. (L), the board may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

AB533,15,14 (d) Religious character and freedom. 1. The board shall allow a religious organization with which the board contracts or to which the board awards a grant to retain its independence from government, including the organization's control over the definition, development, practice and expression of its religious beliefs.

AB533,15,17 2. The board may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

AB533,16,4 (e) Rights of beneficiaries of assistance. If the board contracts with, or awards grants to, a religious organization for the provision of crime prevention or offender rehabilitation assistance under a program administered by the board, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request. If an individual has an objection to the religious character of the organization from which the individual receives, or would receive, assistance funded under any crime prevention or offender rehabilitation program administered by the board and requests assistance from a nonreligious provider, the board shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection, with assistance of equal value from a nonreligious provider that is accessible to the individual.

AB533,16,8 (f) Employment practices. To the extent permitted under federal law, a religious organization's exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the board.

AB533,16,12 (g) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the board on the basis of religion, a religious belief or nonbelief or refusal to actively participate in a religious practice.

AB533,16,17 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious organization that contracts with or receives a grant from the board is subject to the same laws and rules as other contractors and grantees to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

AB533,16,20 2. If the religious organization segregates funds provided under programs administered by the board into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

AB533,16,23 (i) Compliance. Any party that seeks to enforce its rights under this subsection may assert a civil action for injunctive relief against the entity that allegedly commits the violation.

AB533,17,3 (j) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the board may be expended for sectarian worship, instruction or proselytization.

AB533,17,10 (k) Certification of compliance. Every religious organization that contracts with or receives a grant from the county board to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of pars. (g) and (j) and submit to the board a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under pars. (g) and (j).

AB533,17,14 (L) Preemption. Nothing in this subsection may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

Note: This Section authorizes a county board, and county departments authorized by a county board, to contract with or award grants to religious organizations for the provision of delinquency and crime prevention or offender rehabilitation services on the same basis as any other nongovernmental provider without impairing the religious character of such organizations and without diminishing the religious freedom of beneficiaries of services funded under these programs.

AB533, s. 14 Section 14. 230.08 (2) (e) 1. of the statutes is amended to read:

AB533,17,16 230.08 (2) (e) 1. Administration — 12 13.

Note: This Section establishes the position of facilitator in the office of government-sectarian facilitation as an unclassified position.

AB533, s. 15 Section 15. 301.03 (2t) of the statutes is created to read:

AB533,17,20 301.03 (2t) (a) Develop one or more methods to evaluate the effectiveness of alcohol and other drug abuse intervention and treatment services and develop performance standards for alcohol and other drug abuse services.