(End)
LRB-1115LRB-1115/2
GMM:jld&wlj:rs
2005 - 2006 LEGISLATURE

DOA:......Rhodes, BB0296 - Foster care rates
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: foster care rates.
Analysis by the Legislative Reference Bureau
health and human services
Children
Current law specifies age-related basic maintenance rates that are paid to a foster parent for the care and maintenance of a child. Currently, those rates are $302 for a child under five years of age, $329 for a child 5 to 11 years of age, $375 for a child 12 to 14 years of age, and $391 for a child 15 years of age or over. This bill increases those rates, beginning on January 1, 2006, to $317 for a child under five years of age, $345 for a child 5 to 11 years of age, $394 for a child 12 to 14 years of age, and $411 for a child 15 years of age or over, and beginning on January 1, 2007, to $332 for a child under five years of age, $362 for a child 5 to 11 years of age, $413 for a child 12 to 14 years of age, and $430 for a child 15 years of age or over.
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. 48.62 (4) of the statutes is amended to read:

48.62 (4) Monthly payments in foster care shall be provided according to the age-related rates specified in this subsection. Beginning on January 1, 2000, the age-related rates are: $299 for children aged 4 and under; $326 for children aged 5 to 11; $371 for children aged 12 to 14 and $387 for children aged 15 to 17. Beginning on January 1, 2001, the age-related rates are: $302 for children aged 4 and under; $329 for children aged 5 to 11; $375 for children aged 12 to 14; and $391 for children aged 15 to 17 2006, the age-related rates are $317 for a child under 5 years of age; $345 for a child 5 to 11 years of age; $394 for a child 12 to 14 years of age; and $411 for a child 15 years of age or over. Beginning on January 1, 2007, the age- related rates are to $332 for a child under five years of age; $362 for a child 5 to 11 years of age; $423 for a child 12 to 14 years of age; and $430 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department shall make supplemental payments for special needs, exceptional circumstances, care in a treatment foster home, and initial clothing allowances according to rules promulgated by the department.
(End)
LRB-1118LRB-1118/P1
CMH:jld:jf
2005 - 2006 LEGISLATURE

DOA:......Statz, BB0291 - Justice information system surcharge increase
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
Circuit courts
Under current law, the clerk of circuit court must charge a justice information system surcharge from persons who must pay certain specified fees such as fees for the commencement of a civil action, for a third-party complaint, for an appeal from a municipal court or for review of an administrative decision, or for a garnishment, wage earner, small claims, or forfeiture action. Under current law the surcharge is $9, two-ninths of which is credited to a state program revenue appropriation for the development and operation of automated justice information systems and six-ninths of which is credited to a state program revenue appropriation for the operation of circuit court automated information systems.
This bill increases the surcharge to $12, five-twelfths of which is credited to the state program revenue appropriation for the development and operation of automated justice information systems and one-half of which is credited to the state program revenue appropriation for the operation of circuit court automated information systems.
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. 20.505 (1) (ja) of the statutes is amended to read:

20.505 (1) (ja) Justice information systems. The amounts in the schedule for the development and operation of automated justice information systems under s. 16.971 (9). Two-ninths Five-twelfths of the moneys received under s. 814.86 (1) shall be credited to this appropriation account.

SECTION 2. 20.680 (2) (j) of the statutes is amended to read:

20.680 (2) (j) Court information systems. All moneys received under ss. 814.61, 814.62, and 814.63 that are required to be credited to this appropriation account under those sections and six-ninths one-half of the moneys received under s. 814.86 (1) for the operation of circuit court automated information systems under s. 758.19 (4).

SECTION 3. 814.86 (1) of the statutes is amended to read:

814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 $12 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
(End)
LRB-1192LRB-1192/2
ARG:jld:jf
2005 - 2006 LEGISLATURE

DOA:......Percy, BB0300 - Habitual traffic offenders
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: traffic violations for purposes of determining whether a person is a habitual traffic offender.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, DOT must revoke a person's motor vehicle operating privilege for five years upon receipt of a record of conviction that brings the person within the definition of a habitual traffic offender or repeat habitual traffic offender. A person is a habitual traffic offender if the person, within a five-year period, has accumulated at least four convictions of specified offenses of a more serious nature or at least 12 convictions of moving violations of traffic regulations or of specified crimes related to the operation of a motor vehicle. For purposes of the habitual traffic offender law, the term "traffic regulation" means traffic-related provisions for which the penalty is a forfeiture (a civil offense), but the term "moving violation" is not defined. Two years after a habitual traffic offender's operating privilege is revoked, the person is eligible for an occupational license. A repeat habitual traffic offender is a person who has obtained an occupational license after having his or her operating privilege revoked as a habitual traffic offender and who is convicted of certain offenses, including moving violations of traffic regulations, within specified time periods after obtaining the occupational license.
This bill replaces the phrase "moving violations of ... traffic regulations" with the phrase "violations of ch. 346", and eliminates the reference to convictions of specified crimes related to the operation of a motor vehicle, in the definition of habitual traffic offender. Accordingly, a habitual traffic offender is a person who, within a five-year period, has accumulated at least four convictions of specified offenses of a more serious nature or at least 12 convictions of violations of law, punishable by either civil or criminal penalty, classified under the chapter of the statutes designated for rules of the road.
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. 351.02 (1) (b) of the statutes is amended to read:

351.02 (1) (b) Twelve or more convictions of moving violations of ch. 346, including violations under par. (a), of traffic regulations or of crimes in the operation of a motor vehicle which are required to be reported under s. 343.28 or 345.37 (5).

SECTION 2. 351.02 (1) (f) of the statutes is amended to read:

351.02 (1) (f) The department may, by rule, exempt specific moving violations of ch. 346 from being counted under par. (b) if the department determines that the violation is a petty offense, except that the department may not exempt any violation for which the department assigns demerit points under s. 343.32 (2) or rules promulgated thereunder.

SECTION 3. 351.02 (2) of the statutes is repealed.

SECTION 9348. Initial applicability; transportation.

(1) HABITUAL TRAFFIC OFFENDERS. The treatment of section 351.02 (1) (b) and (f) and (2) of the statutes first applies to violations for which reports of conviction are received by the department of transportation on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of revocation of operating privileges by the department of transportation or review by a court.
(End)
LRB-1212LRB-1212/1
MJL:jld:pg
2005 - 2006 LEGISLATURE

DOA:......Percy, BB0301 - Additional money for Forward Wisconsin
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
commerce and economic development
Economic development
This bill makes Forward Wisconsin, Inc., ineligible to spend $1,000,000 of appropriated money in the 2006-07 fiscal year unless DOA certifies that it has raised $2,000,000 in private donations.
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 9101. Nonstatutory provisions; administration.

(1) FORWARD WISCONSIN, INC. Notwithstanding section 20.001 (3) (a) of the statutes, in the 2006-07 fiscal year Forward Wisconsin, Inc., may not spend $1,000,000 of the amount appropriated under section 20.143 (1) (bm) of the statutes, as affected by this act, unless the department of administration certifies that Forward Wisconsin, Inc., has raised at least $2,000,000 in private funds during the 2005-06 and 2006-07 fiscal years.
(End)
LRB-1219LRB-1219/2
JTK&MES:wlj:ch
2005 - 2006 LEGISLATURE

DOA:......Percy, BB0286 - Penalty for state contractors who submit false claims
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL

AN ACT ...; relating to: false claims submitted to the state and local governments and providing a penalty.
Analysis by the Legislative Reference Bureau
state government
Other state government
Currently, if a contractor or vendor does business with this state or a local government in this state, the terms of the contract or order govern the performance of, and the price to be paid to, the contractor or vendor. If the contractor or vendor claims payment for materials, supplies, equipment, or contractual services that are not provided in accordance with the contract or order, or at a price that is different from the price specified in the contract or order, the state or a local government has a remedy against the contractor or vendor for breach of contract. If the contractor or vendor is asked to swear to the truth of a claim for payment and the claim is false, the contractor or vendor may also be prosecuted for false swearing, which is a criminal offense.
This bill provides that whoever knowingly presents or causes to be presented a false claim under any contract or order for materials, supplies, equipment, or contractual services to be provided to a state agency is subject to a forfeiture (civil penalty) of not less than $5,000 nor more than $10,000, plus three times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The bill permits the attorney general to bring an action on behalf of the state to recover any forfeiture for which a contractor or vendor is liable as a result of a false claim submitted to a state agency. This bill also contains similar provisions that apply to local governmental units.
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. 16.771 of the statutes is created to read:

16.771 False claims. Whoever knowingly presents or causes to be presented a false claim for payment under any contract or order for materials, supplies, equipment, or contractual services to be provided to an agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.

SECTION 2. 16.871 of the statutes is created to read:

16.871 False claims. (1) In this section:

(a) "Agency" has the meaning given in s. 16.70 (1e).

(b) "Construction work" has the meaning given in s. 16.87 (1) (a).

(c) "Limited trades work" has the meaning given in s. 16.70 (7).

(2) Whoever knowingly presents or causes to be presented a false claim under any contract for construction work or limited trades work, or for engineering or architectural services, to be provided to any agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this subsection.

SECTION 3. 23.41 (5) of the statutes is amended to read:

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