2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
Other state government
Under current law, if a court imposes a sentence or places a person on probation, the court must impose a crime victim and witness assistance surcharge. The surcharge must be $50 for each misdemeanor offense or count (misdemeanor) and $70 for each felony offense or count (felony). Of the money $30 for each misdemeanor and $50 for each felony is used to reimburse counties for services to victims and witnesses of crimes, such as court appearance notification services, victim compensation, social services referrals, escort and other transportation services related to the investigation or prosecution of the case, protection services, and family support services, including child and other dependent care services.
This bill increases the surcharge amount to $60 for each misdemeanor and $85 for each felony. Of the money $40 for each misdemeanor and $65 for each felony is used to reimburse counties for services, such as those listed above, to victims and witnesses of crimes.
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:
SECTION 1. 973.045 (1) (a) of the statutes is amended to read:
973.045 (1) (a) For each misdemeanor offense or count, $50 $60.
SECTION 2. 973.045 (1) (b) of the statutes is amended to read:
973.045 (1) (b) For each felony offense or count, $70 $85.
SECTION 3. 973.045 (3) (a) 1. of the statutes is amended to read:
973.045 (3) (a) 1. Part A equals $30 $40 for each misdemeanor offense or count and $50 $65 for each felony offense or count.
SECTION 9329. Initial applicability; justice.
(1) CRIME VICTIM AND WITNESS SURCHARGES DISTRIBUTION. The treatment of section 973.045 (3) (a) 1. of the statutes first applies to moneys collected from crime victim and witness surcharges that are imposed on the effective date of this subsection.
(2) CRIME VICTIM AND WITNESS SURCHARGES AMOUNT. The treatment of section 973.045 (1) (a) and (b) of the statutes first applies to surcharges imposed on the effective date of this subsection.
(End)
LRB-0541LRB-0541/2
PJK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0192 - BadgerCare pharmacy waiver
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers the Badger Care (BadgerCare) health care program under which certain low-income children who do not reside with a parent and certain low-income families receive health care coverage. A child or family with health care coverage under BadgerCare and with an income that is equal to or greater than 150 percent of the federal poverty level is required to contribute a percentage, which may not exceed 5 percent, of income to the cost of the health care according to a schedule established by DHFS by rule. Current law requires a child or family with coverage under BadgerCare to pay a copayment of $1 for each prescription for a generic drug and a copayment of $3 for each prescription for a brand name drug. This copayment is included in the total cost sharing that a child or family may be required to pay.
This bill directs DHFS to request one or more waivers from the secretary of the federal Department of Health and Human Services that would allow DHFS to implement cost-saving measures under BadgerCare that may include: 1) a three-tiered prescription drug copayment requirement that does not exceed the maximum copayment amount established by the Group Insurance Board for state employees; 2) a benchmark plan, which is described in federal regulations as health care coverage that is substantially equal to the health care coverage offered to federal or state employees or to a health insurance plan offered by a health maintenance organization that has the largest commercial enrollment in the state of persons who do not have coverage under the Medical Assistance (MA) program; and 3) mandatory copayments for benefits in addition to the copayments for prescription drugs. The bill requires DHFS to seek enactment of statutory language that implements any cost-saving measures approved by the granting of a waiver.
Also under current law, when an MA recipient or a person with coverage under BadgerCare or the program providing prescription drug assistance for elderly persons (SeniorCare) purchases a prescription drug, he or she pays a copayment and then DHFS reimburses the pharmacy an amount that is based on a national average wholesale price, plus a percentage or amount for a dispensing fee. Under the bill, DHFS must investigate alternatives to using the average wholesale price pharmacy reimbursement methodology for brand name drugs purchased or dispensed under MA, BadgerCare, and SeniorCare, and must submit a report with its findings, conclusions, and recommendations to DOA no later than June 30, 2006.
For further information see the state 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:
SECTION 9121. Nonstatutory provisions; health and family services.
(1) WAIVER FOR COST-SAVING MEASURES UNDER THE BADGER CARE HEALTH CARE PROGRAM.
(a) The department of health and family services shall request one or more waivers from the secretary of the federal department of health and human services to permit the department of health and family services to implement cost-saving measures under the Badger Care health care program, including any of the following:
1. Establishing a 3-tiered prescription drug copayment requirement that does not exceed the maximum copayment amount established by the group insurance board for state employees.
2. Establishing a benchmark plan, as described in 42 CFR 457.420.
3. Establishing mandatory copayments for benefits in addition to the copayments for prescription drug coverage.
(b) If a federal waiver under paragraph (a) is approved, the department of health and family services shall seek enactment of statutory language to implement cost-saving measures authorized under the waiver.
(2) PHARMACY REIMBURSEMENT METHODOLOGY INVESTIGATION. The department of health and family services shall investigate alternatives to using the average wholesale price methodology for pharmacy reimbursement for brand name prescription drugs that are purchased by or dispensed to Medical Assistance recipients, persons who receive health care coverage under the Badger Care health care program, and participants in the program for prescription drug assistance for elderly persons under section 49.688 of the statutes. The department's investigation shall include review and research of different methodologies. No later than June 30, 2006, the department of health and family services shall submit to the department of administration a report with its findings, conclusions, and recommendations on the various methodologies investigated.
(End)
LRB-0546LRB-0546/1
RPN:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Mukasa, BB0197 - Civil rights prosecutorial authority
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Other courts and procedure
This bill gives DOJ the authority to bring an action for injunctive or other equitable relief against a person who interferes with the exercise or enjoyment by an individual of a right secured by the constitution or laws of this state or of the United States.
For further information see the state 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:
SECTION 1. 165.10 of the statutes is created to read:
165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.
(End)
LRB-0549LRB-0549/3
MGD:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Statz, BB0208 - Appropriation for clerks for certain firearms cases
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
District attorneys
Under current law, DOA pays the costs of two clerks providing clerical services regarding firearms cases for the Milwaukee County district attorney. There are two separate appropriation accounts from which DOA can make these payments. This bill eliminates one of those accounts.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.475 (1) (f) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 978.13 (1) (d) of the statutes is amended to read:
978.13 (1) (d) In counties having a population of 500,000 or more, the salary and fringe benefit costs of 2 clerk positions providing clerical services to the prosecutors in the district attorney's office handling cases involving the unlawful possession or use of firearms. The secretary of administration shall pay the amount authorized under this subsection to the county treasurer from the appropriation under s. 20.475 (1) (f) or (i) pursuant to a voucher submitted by the district attorney to the department of administration justice.
SECTION 3. 978.13 (1m) of the statutes is amended to read:
978.13 (1m) The amount paid under sub. (1) (b), (c), and (d) combined may not exceed the amount appropriated under s. 20.475 (1) (f) and (i) combined.
(End)
LRB-0550LRB-0550/2
MJL:kjf&cmh:rs
2005 - 2006 LEGISLATURE
DOA:......Mukasa, BB0210 - Right to an interpreter
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: providing an interpreter, regardless of indigence, in court proceedings.
Analysis by the Legislative Reference Bureau
Courts and procedure
Circuit courts
In all criminal proceedings, and in a limited number of civil proceedings, such as those involving children in need of protective services, a circuit court must provide an interpreter for an indigent party or witness who has limited English proficiency. This bill requires the court, in all criminal and civil proceedings, to provide an interpreter for a party or witness who has limited English proficiency, regardless of indigence.
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:
SECTION 1. 885.38 (3) (a) (intro.) of the statutes is amended to read:
885.38 (3) (a) (intro.) In criminal proceedings and in proceedings under ch. 48, 51, 55, or 938, if If the court determines that the person has limited English proficiency and that an interpreter is necessary, the court shall advise the person that he or she has the right to a qualified interpreter and that, if the person cannot afford one, an interpreter will be provided at the public's expense if the person is one of the following:
SECTION 2. 885.38 (8) (a) (intro.) of the statutes is amended to read:
885.38 (8) (a) (intro.) Except as provided in par. (b), the necessary expenses of providing qualified interpreters to indigent persons with limited English proficiency under this section shall be paid as follows:
SECTION 9307. Initial applicability; circuit courts.
(1) COURT INTERPRETERS. The treatment of section 885.38 (3) (a) (intro.) and (8) (a) (intro.) of the statutes first applies to actions commenced on the effective date of this subsection.
