LRB-1098/1
GMM:cjs:pg
2003 - 2004 LEGISLATURE
March 25, 2003 - Introduced by Representatives Kestell and Lassa, cosponsored
by Senator Wirch. Referred to Committee on Children and Families.
AB211,2,4
1An Act to repeal 25.67 (2) (a) 2., 48.982 (6) (f), 48.982 (7) (a), 48.982 (7) (b), 48.982
2(7) (c), 48.982 (7) (e), 48.982 (7) (f), 48.982 (7) (fg) and 48.982 (7) (g);
to
3renumber and amend 48.982 (2e) (a) and 48.982 (2e) (b);
to consolidate,
4renumber and amend 25.67 (2) (a) (intro.) and 1.;
to amend 15.195 (4)
5(intro.), 15.195 (4) (g), 20.433 (1) (g), 20.433 (1) (h), 20.433 (1) (ma), 20.433 (1)
6(q), 25.40 (1) (a) 16., 48.982 (1) (b), 48.982 (2) (a), 48.982 (2) (c), 48.982 (2) (d),
748.982 (2) (g) 1., 48.982 (2) (g) 2., 48.982 (2) (g) 4., 48.982 (2) (gm), 48.982 (2e)
8(am), 48.982 (2e) (c), 48.982 (2e) (e), 48.982 (2m) (intro.), 48.982 (2m) (a), 48.982
9(4) (title), 48.982 (4) (a), 48.982 (4) (b) 1., 48.982 (4) (b) 2., 48.982 (4) (c), 48.982
10(4) (d) (intro.), 48.982 (4) (d) 2., 48.982 (4) (e), 48.982 (6) (title), 48.982 (6) (a),
1148.982 (6) (am), 48.982 (6) (b), 48.982 (6) (c), 48.982 (6) (d), 48.982 (7) (d) (intro.),
1248.982 (7) (d) 1., 48.982 (7) (d) 2., 48.982 (7) (d) 3., 48.982 (7) (d) 4., 48.982 (7)
13(h) and 341.14 (6r) (b) 6.;
to repeal and recreate 48.982 (7) (title); and
to
14create 15.195 (4) (dm), 20.395 (1) (ih), 48.982 (2e) (a) 2., 48.982 (2e) (a) 4.,
148.982 (2e) (a) 5., 48.982 (2e) (am) and 48.982 (2m) (am) of the statutes;
2relating to: a nonstock, nonprofit corporation organized by the Child Abuse
3and Neglect Prevention Board, the membership of that board, the grant
4programs administered by that board, and making appropriations.
Analysis by the Legislative Reference Bureau
Introduction
Under current law, the Child Abuse and Neglect Prevention Board (CANPB),
conducts certain activities relating to the prevention of child abuse and neglect.
Those activities include awarding grants for child abuse and neglect prevention
programs, early childhood family education centers, and right from the start
projects; recommending policy changes to reduce the problems of child abuse and
neglect; and developing public awareness of the problems of child abuse and neglect.
Currently, the activities of the CANPB are funded by federal funds, moneys received
from the sale of duplicate birth certificates, and moneys from the Children's Trust
Fund, which consists of contributions, grants, gifts, and bequests received for the
fund and moneys received from the sale of "Celebrate Children" license plates. This
bill makes various changes relating to a nonstock, nonprofit corporation organized
by the CANPB, the membership of the CANPB, and the grant programs
administered by the CANPB.
Nonstock, nonprofit corporation
Current law authorizes the CANPB to organize a nonstock, nonprofit
corporation that is exempt from federal and state taxation for the purpose of
soliciting and accepting tax-deductible contributions, grants, gifts, and bequests for
the Children's Trust Fund. The corporation is governed by a board of directors
consisting of five members, including the chairperson of the CANPB and four
members of the CANPB, elected by the CANPB, of which one must be a legislator.
The corporation may not employ staff, but rather receives administrative services
from the CANPB as determined by the CANPB.
This bill expands the purposes of the corporation organized by the CANPB to
include not only soliciting and accepting contributions, grants, gifts, and bequests for
the Children's Trust Fund but also administering any programs that the CANPB
contracts with the corporation to administer. The bill also permits the corporation,
in addition to depositing those contributions, grants, gifts, and bequests in the
Children's Trust Fund, to deposit those contributions, grants, gifts, and bequests in
a fund that the corporation must establish and maintain under the bill and to use
those moneys for the authorized purposes of the corporation or to pay for the
operating costs of the corporation or to permit those contributions, grants, gifts, and
bequests to accumulate indefinitely. In addition, the bill requires the Department
of Transportation to deposit moneys received from the sale of "Celebrate Children"
license plates in the fund established by the corporation, rather than in the
Children's Trust Fund, and requires the secretary of administration to transfer the
unencumbered balance in the Children's Trust Fund that is derived from the sale of
those license plates to the fund established by the corporation, where those moneys
must be permitted to accumulate indefinitely. Under the bill, the corporation must
annually submit to the CANPB for its approval a budget specifying how the
corporation intends to allocate its moneys. The budget must specify the amount of
contributions, grants, gifts, and bequests accepted by the corporation that will be
deposited in the Children's Trust Fund and the amount of those contributions,
grants, gifts, and bequests that will be deposited in the fund of the corporation and,
of the amounts deposited in that fund, the amounts that will be allocated for each of
the corporation's purposes or that will be permitted to accumulate indefinitely.
In addition, the bill authorizes the CANPB to award, from moneys received
from the sale of duplicate birth certificates and from interest earned on moneys
received from the sale of "Celebrate Children" license plates, a grant of not more than
$150,000 in each fiscal year to the corporation and requires the corporation to use
the grant moneys awarded for the corporation's authorized purposes. The bill also
adds four members, elected by the CANPB, to the board of directors of the
corporation, which additional members may not be members of the CANPB. Finally,
the bill permits the corporation to employ staff to perform administrative services
for the corporation.
Membership of CANPB
Under current law, the CANPB consists of 16 members including the governor,
the attorney general, the secretary of health and family services, the state
superintendent of public instruction, one majority party and one minority party
member of each house of the legislature, and eight public members, six of whom must
be appointed on the basis of expertise, experience, and interest in the prevention of
child abuse and neglect or on the basis of expertise or experience in intervention in
cases of child abuse and neglect, one of whom must be an adult who was the victim
of abuse or neglect as a child, and one of whom must be a parent who formerly abused
or neglected his or her child.
This bill adds the secretary of corrections and one additional public member to
the CANPB. The bill also eliminates the requirements that one public member be
an adult who was the victim of abuse or neglect as a child and that one public member
be a parent who formerly abused or neglected his or her child and instead requires
that all public members be appointed on the basis of expertise, experience,
leadership, or advocacy in the prevention of abuse or neglect.
Grant programs administered by CANPB
Under current law, the CANPB awards grants to organizations for child abuse
and neglect prevention programs that promote public awareness of the need for child
abuse and neglect prevention and that provide community-based education and
services for parents, children, and families; early childhood family education centers
that provide parenting education and referrals to other social services programs; and
right from the start projects that provide outreach services to the parents of newborn
infants.
This bill eliminates grants for right from the start projects and changes the
term "early childhood family education center" to "family resource center." The bill
also permits the CANPB to provide technical assistance to an organization to which
the CANPB awards a grant, increases from $75,000 to not more than $150,000 the
amount allocated in each fiscal year for family resource center grants in Milwaukee
County, and permits the CANPB to provide child abuse and neglect information and
services on a statewide basis.
In addition, the bill requires an organization that applies for a grant from the
CANPB to include proof in its grant application that the organization has the
cultural competency — which is defined as the ability to understand and act
respectfully toward the beliefs, interpersonal styles, attitudes, and behaviors of
persons and families of various cultures — to provide services to persons and families
in the various cultures in the organization's target population and has the ability to
maximize the coordination of services and minimize the duplication of services by
coordinating with other organizations, to provide programs that identify and build
on a family's strengths to encourage the development of a healthy family, provide
culturally competent services, and provide community-based services through its
program.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB211, s. 1
1Section
1. 15.195 (4) (intro.) of the statutes is amended to read:
AB211,4,52
15.195
(4) Child abuse and neglect prevention board. (intro.) There is
3created a child abuse and neglect prevention board which is attached to the
4department of health and family services under s. 15.03. The board shall consist of
516 18 members as follows:
AB211, s. 2
6Section
2. 15.195 (4) (dm) of the statutes is created to read:
AB211,4,77
15.195
(4) (dm) The secretary of corrections or his or her designee.
AB211, s. 3
8Section
3. 15.195 (4) (g) of the statutes is amended to read:
AB211,5,69
15.195
(4) (g)
Eight Nine public members appointed by the governor for
10staggered 3-year terms.
Six of the The public members shall be appointed on the
11basis of expertise, experience
and interest, leadership, or advocacy in the prevention
1of child abuse and neglect
or expertise and experience in intervention in cases of child
2abuse and neglect. One public member shall be an adult who was a victim of abuse
3or neglect as a child. One public member shall be a parent who formerly abused or
4neglected one or more of his or her children and who has received treatment or advice
5from an organization that provides child abuse and neglect prevention and
6intervention services.
AB211, s. 4
7Section
4. 20.395 (1) (ih) of the statutes is created to read:
AB211,5,108
20.395
(1) (ih)
Child abuse and neglect prevention, state funds. From the
9general fund, all moneys received under s. 341.14 (6r) (b) 6., for the purpose of
10making deposits to the fund established under s. 48.982 (2e) (a) 2.
AB211, s. 5
11Section
5. 20.433 (1) (g) of the statutes is amended to read:
AB211,5,1912
20.433
(1) (g)
General program operations. From all moneys received under s.
1369.22 (1m), the amounts in the schedule to be used for the expenses of the child abuse
14and neglect prevention board under s. 48.982 (2) and (3),
for grants under s. 48.982
15(2e) (am) to the corporation organized under s. 48.982 (2e) (a) 1., and for the general
16program operations of the
early childhood family education family resource center
17grant program under s. 48.982 (6)
and the right from the start program under s.
1848.982 (7) and for technical assistance to right from the start grant recipients under
19s. 48.982 (7) (a).
AB211, s. 6
20Section
6. 20.433 (1) (h) of the statutes is amended to read:
AB211,5,2421
20.433
(1) (h)
Grants to organizations. All moneys received under s. 69.22 (1m),
22less the amounts appropriated under par. (g), to be used for grants
and technical
23assistance to organizations under s. 48.982 (4)
,
and (6)
and (7) and for the provision
24of child abuse and neglect information and services.
AB211, s. 7
25Section
7. 20.433 (1) (ma) of the statutes is amended to read:
AB211,6,4
120.433
(1) (ma)
Federal project aids. All moneys received from the federal
2government for
early childhood family education family resource center grants
and
3technical assistance under s. 48.982 (6) (a), and for specific limited term projects, to
4be expended as aids to individuals or organizations for the purposes specified.
AB211, s. 8
5Section
8. 20.433 (1) (q) of the statutes is amended to read:
AB211,6,106
20.433
(1) (q)
Children's trust fund; gifts and grants. From the children's trust
7fund, all moneys received as contributions, grants, gifts, and bequests for that trust
8fund under s. 48.982 (2) (d) or (2e) (a)
, other than moneys received under s. 341.14
9(6r) (b) 6., and all interest earned on moneys received under s. 341.14 (6r) (b) 6., 3.,
10to carry out the purposes for which made and received under s. 48.982 (2m).
AB211, s. 9
11Section
9. 25.40 (1) (a) 16. of the statutes is amended to read:
AB211,6,1312
25.40
(1) (a) 16. Moneys received under s. 341.14 (6r) (b) 6. that are deposited
13in the
children's trust fund
established under s. 48.982 (2e) (a) 2.
AB211, s. 10
14Section
10. 25.67 (2) (a) (intro.) and 1. of the statutes are consolidated,
15renumbered 25.67 (2) (a) and amended to read:
AB211,6,1716
25.67
(2) (a) The fund shall consist of
the following: 1. Moneys all moneys 17received for the fund under s. 48.982 (2) (d) or (2e) (a)
3.
AB211, s. 11
18Section
11. 25.67 (2) (a) 2. of the statutes is repealed.
AB211, s. 12
19Section
12. 48.982 (1) (b) of the statutes is amended to read:
AB211,6,2120
48.982
(1) (b) "Board" means the child abuse and neglect prevention board
21created under s. 15.195 (4).
AB211, s. 13
22Section
13. 48.982 (2) (a) of the statutes is amended to read:
AB211,7,723
48.982
(2) (a) Biennially, develop and transmit to the governor and the
24presiding officer of each house of the legislature a plan for awarding grants
and
25technical assistance to organizations
and for providing child abuse and neglect
1prevention information and services on a statewide basis. The plan shall assure that
2there is an equal opportunity for
the establishment of child abuse and neglect
3prevention programs
, early childhood family education
centers a
nd right from the
4start projects and family resource centers. The plan shall also ensure that the grants
5will be distributed throughout all geographic areas of the state and in both urban and
6rural communities. For grants provided under sub. (6), the plan shall also ensure
7that the grants are distributed based on population.
AB211, s. 14
8Section
14. 48.982 (2) (c) of the statutes is amended to read:
AB211,7,119
48.982
(2) (c) Review and approve or disapprove grant applications and
10monitor the services provided under each grant awarded under subs. (4)
, and (6)
and
11(7).
AB211, s. 15
12Section
15. 48.982 (2) (d) of the statutes is amended to read:
AB211,7,1813
48.982
(2) (d) Solicit and accept contributions, grants, gifts, and bequests for
14the children's trust fund or for any other purpose for which a contribution, grant, gift,
15or bequest is made and received. Moneys received under this paragraph
, other than
16moneys received under s. 341.14 (6r) (b) 6., may be credited to the appropriation
17accounts under s. 20.433 (1) (i) or (q).
Interest earned on moneys received under s.
18341.14 (6r) (b) 6. may be credited to the appropriation account under s. 20.433 (1) (q).
AB211, s. 16
19Section
16. 48.982 (2) (g) 1. of the statutes is amended to read:
AB211,8,220
48.982
(2) (g) 1. Recommend to the governor, the legislature
, and state agencies
21changes needed in state programs, statutes, policies, budgets
, and rules to reduce the
22problems of child abuse and neglect, improve coordination among state agencies that
23provide prevention services
and improve the condition of children and persons
24responsible for children who are in need of prevention program services
, promote
1individual, family, and community strengths, build parenting skills, and provide
2community support for children and families.
AB211, s. 17
3Section
17. 48.982 (2) (g) 2. of the statutes is amended to read:
AB211,8,64
48.982
(2) (g) 2. Promote statewide educational and public
informational
5seminars awareness campaigns and materials for the purpose of developing public
6awareness of the problems of child abuse and neglect.
AB211, s. 18
7Section
18. 48.982 (2) (g) 4. of the statutes is amended to read: