Under the current Guardianship Grant Program, DHFS annually awards
grants to private, nonprofit agencies and county departments for the purposes of
recruiting, training, monitoring, and assisting guardians for persons who are
adjudicated incompetent. This bill eliminates the requirement that grant recipients
recruit individuals or organizations to act as guardians and monitor their
performance and eliminates community need for guardians as a basis for awarding
grants.
Under current law, DHFS must distribute federal funds to phase in initial
recovery-oriented mental health system changes, strategies for prevention and
early intervention, and consumer and family involvement for individuals with
mental illness. DHFS must eliminate funding for each grant recipient after three
years and must require that community mental health services developed under a
grant are continued by use of savings made available from strategies developed
under the grant. This bill eliminates the latter two requirements.
Under current law, DHFS annually must reduce by $500,000 the amount by
which accumulated expenses of providing care for patients of the state mental health
institutes exceed the revenues received for providing that care until the expenses are
in balance with the revenues. DHFS also must implement a plan to assure that
revenues are sufficient to cover anticipated expenditures for providing care for
mental health institute patients and report to DOA every three months concerning
implementation of the plan. DHFS must report to JCF annually the amount of
expenses that exceed revenues and the actions of DHFS to reduce those expenses.
This bill eliminates all of these requirements.
Other health and human services
Under the current Domestic Abuse Grants Program, DHFS awards grants to
organizations that provide various types of domestic abuse services. This bill
requires DHFS to award a grant of $563,500 in each fiscal year to the Refugee Family
Strengthening Project for providing domestic abuse services to the refugee
population, including the cost of hiring bilingual staff persons, especially those who
speak Hmong.
Currently, DHFS administers Family Care, a program that provides a flexible
long-term care benefit called the family care benefit. A person must be at least 18
years of age, meet functional and financial eligibility requirements, and have a
physical disability, a developmental disability, or infirmities of aging to qualify for
the family care benefit. Currently, the family care benefit is an entitlement for
certain persons who are eligible for MA. By January 1, 2006, DHFS must extend
entitlement to certain persons who are not MA eligible. This bill delays this
requirement until January 1, 2008.
The Health Insurance Risk-Sharing Plan (HIRSP) under current law provides
major medical health insurance coverage for persons who are covered under
Medicare because they are disabled; persons who have tested positive for human
immunodeficiency virus (HIV); persons who have been refused coverage, or coverage
at an affordable price, in the private health insurance market because of their mental
or physical health condition; and persons who do not currently have health insurance
coverage, but who were covered under certain types of health insurance coverage for
at least 18 months in the past. Specifically excluded from coverage under HIRSP are
persons who are eligible for coverage under MA.
This bill provides that persons who are eligible for only certain limited services
provided under MA are not ineligible for HIRSP coverage solely because of their
eligibility for those MA services.
The bill also specifically provides that persons who are eligible for the following
programs or benefits are ineligible for HIRSP coverage: BadgerCare; a program
providing long-term care for children with disabilities and their families, including
in-home habilitation services for children with autism spectrum disorders; the
community integration programs (known as "CIP IA," "CIP IB," and "CIP II"); the
waiver program under the Long-Term Support Community Options Program
(known as "COP-Waiver"); the Program for All-inclusive Care for the Elderly
(known as PACE); the Wisconsin Partnership Program (known as Partnership); and
medical assistance provided under the Family Care Program.
Under current law, a person with coverage under HIRSP (called an "eligible
person") who is not covered under Medicare pays a deductible under HIRSP that
ranges from $500 to $2,500, an eligible person with Medicare coverage pays a
deductible that is equal to the deductible under part A of Medicare. Current law also
provides that HIRSP pays at least 80 percent of an eligible person's covered costs
after those costs exceed the person's deductible, and pays 100 percent of covered costs
after the aggregate of covered costs not paid by HIRSP and the deductible exceeds
$2,000 for an eligible person not covered under Medicare and $500 for an eligible
person covered under Medicare. Currently, however, the deductible under part A of
Medicare exceeds $500. Thus, under the law, HIRSP begins paying 100 percent of
covered costs incurred by an eligible person covered under Medicare before the
person has paid the deductible.
This bill corrects this inconsistency and provides that HIRSP pays 100 percent
of covered costs for an eligible person covered under Medicare after the covered costs
exceed the lesser of $2,000 or the person's deductible, which is equal to the deductible
under part A of Medicare.
Under current law, HIRSP payment rates for prescription drugs are the same
as payment rates under MA. This bill allows DHFS, with the approval of the HIRSP
Board of Governors, to set HIRSP prescription drug payment rates.
Current law authorizes DHFS to establish, for prescription drug coverage,
copayment amounts, coinsurance rates, and copayment and coinsurance
out-of-pocket limits over which HIRSP pays 100 percent of the covered costs
incurred by the covered person during the remainder of the calendar year. This bill
allows DHFS to establish a three-tiered copayment structure for prescription drug
benefits. The bill allows DHFS to establish the out-of-pocket limit for prescription
drug coverage at $300 for persons who are also covered under Medicare and at $300
or $400 for other covered persons, depending on coverage selected. The bill allows
DHFS to provide that only certain copayment amounts count toward the
out-of-pocket limit.
Under current law, DHFS may request from health insurers information to
enable DHFS to identify MA beneficiaries who are eligible, or who would be eligible
as dependents, for health insurance coverage. An insurer that receives a request
must provide the information. Under this bill, DHFS must provide any information
that it receives from a health insurer to DWD for purposes of DWD's program related
to child and spousal support, paternity establishment, and medical support liability.
DWD may allow county and tribal child support agencies access to the information,
subject to use and disclosure restrictions under current law, and must consult with
DHFS regarding procedures to safeguard the confidentiality of the information.
Currently, DHFS and certain providers of direct care or treatment services
must conduct background checks of caregivers. DHFS may charge a background
check fee, which may not exceed the reasonable costs of conducting the background
check. The revenue from these fees along with revenue from other licensing and
regulatory fees are appropriated to DHFS for its licensing and regulatory activities.
This bill eliminates the reasonable cost restriction on the amount of
background check fees. The bill also authorizes DHFS to use revenue from
background check, licensing, and regulatory fees to investigate abuse, neglect, or
misappropriation by caregivers.
Currently, direct care and treatment providers who are subject to the
background check requirement may not employ or contract with a caregiver who has
been convicted of a serious crime. If a caregiver is not a Wisconsin resident or resided
outside Wisconsin before serving as a caregiver, the provider may request that the
caregiver provide fingerprints for a search of criminal history records maintained by
the Federal Bureau of Investigation (FBI). A provider may share criminal history
information concerning a caregiver with other providers.
This bill provides that if a direct care and treatment provider obtains
information from the FBI regarding a caregiver's arrest or conviction record, the
provider may use the information only to determine whether the caregiver is
disqualified from serving as a caregiver. (A provider may still share criminal history
information concerning a caregiver with other providers.) The bill grants to a
provider immunity from civil liability for using arrest and conviction information
provided by the FBI to make an employment determination regarding the caregiver.
The limitation on the use of arrest and conviction information and the civil liability
immunity provision apply only to information that a provider requests from the FBI
before September 30, 2007.
This bill authorizes DHFS, upon the request of a county board, to assist in
recruiting and training people to provide personal care services. Personal care
services are medically oriented activities that assist a person with activities of daily
living, such as assistance with bathing, toileting, skin care, and meal preparation.
Under current law, the state registrar or a local registrar must charge $12 for
issuing a copy of a birth certificate. Of this sum, $7 is appropriated to the Child Abuse
and Neglect Prevention Board (CANPB) for CANPB expenses, for the Early
Childhood Family Education Center Grant Program, for technical assistance, and
for grants to organizations for services related to child abuse and neglect. This bill
increases the fee for issuance of a copy of a birth certificate to $15, and appropriates
$9 to CANPB.
Under current law, for the filing of a birth certificate more than 365 days after
the birth, the state registrar must charge $20 plus a fee of $5 for issuance of the birth
certificate. This bill increases the latter fee from $5 to $15, and appropriates $9 to
CANPB.
Under current law, DHFS makes two-year loans to establish programs to
provide housing for groups of persons who are recovering from alcohol or other drug
abuse. This bill eliminates this loan program.
local government
This bill creates levy limits that apply to cities, villages, towns, and counties
(political subdivisions) for the property tax levies that are imposed in December 2005
and 2006. Generally, the bill prohibits a city, village, or town from increasing its levy
by a percentage that exceeds the sum of 60 percent of the percentage change in the
equalized assessed value of new construction located in the region in which the city,
village, or town is located plus the rate of inflation. The bill generally prohibits a
county from increasing its levy by a percentage that exceeds the sum of 60 percent
of the percentage change in the equalized assessed value of new construction located
in the county plus the rate of inflation.
This bill provides adjustments to the levy limit for political subdivisions that
transfer the provision of services, for cities or villages that annex town territory, and
for a county levy that relates to a county Children with Disabilities Education Board.
The levy limit may be exceeded if a political subdivision's governing body adopts a
resolution to do so and the resolution is approved in a referendum. A town with a
population of less than 2,000 may exceed the levy limit if a resolution to do so is
approved by the electors at an annual or special town meeting.
Under the bill, a political subdivision's levy limit does not generally apply to any
amount levied to pay debt service or to the amount that a first class city (presently
only Milwaukee) levies for school purposes. Currently, a first class city school district
is not authorized to levy a tax; the city in which the school district is located levies
a tax for school purposes.
Under the current Expenditure Restraint Program, the state makes an annual
payment to any municipality that has a property tax rate greater than five mills and
that limits the growth of its municipal budget according to a formula based,
generally, on the sum of 60 percent of the percentage change in the equalized
assessed value of new construction located in the municipality plus the rate of
inflation.
This bill eliminates the Expenditure Restraint Program and replaces it with
the Municipal Levy Restraint Program, under which the state, beginning in 2007,
makes an annual payment to any municipality that has a property tax rate greater
than five mills and that limits its property tax levy to an amount that is no greater
than the maximum allowable levy according to a formula that is based, generally, on
the sum of 60 percent of the percentage change in the equalized assessed value of new
construction located in the region in which the municipality is located plus the rate
of inflation.
This bill creates the County Levy Restraint Program, under which the state
makes an annual payment, beginning in 2007, to any county that limits its property
tax levy to an amount that is no greater than the maximum allowable levy according
to a formula that is based, generally, on the sum of 60 percent of the percentage
change in the equalized assessed value of new construction located in the county plus
the rate of inflation.
Under current law, municipalities may enter into agreements to share
revenues from taxes and special charges with other municipalities and with
federally recognized American Indian tribes or bands if the signatory to an
agreement is contiguous to at least one other signatory. A municipal revenue sharing
agreement must be for a minimum term of ten years, describe the boundaries within
which the revenues are to be shared, and describe the method of determining the
amount of revenues to be shared.
This bill authorizes a county, as well as municipalities, to enter into a revenue
sharing agreement and expands the types of revenues that may be subject to a
revenue sharing agreement to include fee revenues and payments received from the
state.
Under current law, the state, Indian tribes and bands, and local units of
government may enter into intergovernmental cooperation agreements for the
receipt or furnishing of services or joint exercise of powers and may create a
commission to perform the service or exercise the joint power. This bill provides that
if a commission is created under such an agreement, the employees of the
commission are not employees of the units of government that created the
commission unless the contract creating the commission specifies otherwise.
Natural resources
Fish, game, and wildlife
This bill modifies a number of the fees for fish and game licenses and for fish
and hunting licenses and stamps and for duplicates of certain licenses. The bill also
increases the wildlife damage surcharge. The wildlife damage surcharge is generally
used for the funding of the wildlife damage program that compensates farmers for
damages caused by deer, geese, bear, and turkey.
Under current law, no person may hunt waterfowl or pheasant without a license
authorizing the hunting of small game and a waterfowl or pheasant hunting stamp,
which is attached to or imprinted on the license. DNR charges a fee for both the
hunting license and the stamp. This bill creates a grouse and woodcock hunting
stamp which, with certain exceptions, must be attached to, or imprinted on, the
license in order for a person to hunt ruffed grouse or woodcock. The bill establishes
a fee for this stamp. The fees are appropriated to DNR for the development and
management of the ruffed grouse and woodcock populations.
This bill requires that lake sturgeon that are taken by hook and line, instead
of by spearing, be tagged with a sturgeon hook and line tag issued by DNR. The bill
establishes a fee for this tag. The fees are appropriated to DNR for managing the lake
sturgeon fishery in inland lakes.
Under current law, DNR issues wild turkey hunting licenses and tags according
to a cumulative preference system, which give priority to applicants based on
residency, land ownership, and the receipt of licenses for earlier seasons. Applicants
apply for a specific wild turkey hunting zone or specific time period and the
preference system is used separately in each zone and for each time period. In a zone
where, or for a time period when, the number of applicants is less than the number
of tags available, the bill authorizes DNR to issue the surplus tags and establishes
a fee for these tags.
Under current law, with certain exceptions, no person born on or after January
1, 1973, may obtain a hunting approval without a certificate of accomplishment,
which DNR issues to persons who complete DNR's hunter education program or bow
hunter education program. Current law prohibits DNR from charging a fee for the
course of instruction under either program.
This bill requires DNR to charge a fee for its hunter education and bow hunter
education courses, authorizes DNR to offer advanced courses, and allows DNR to
charge an additional fee for the advanced courses.
This bill increases the fees for commercial fishing and fishing guide licenses and
for wholesale fish dealer licenses. The bill also authorizes DNR to charge fees for
certain permits that it issues in regulating the commercial harvesting of certain
species of fish.
Under current law, DNR may issue, at a reduced fee, a conservation patron
license to a resident or a nonresident who is under the age of 18. A conservation
patron license gives the licensee the privileges of a combination of various fish and
game licenses, admission to state parks and other recreational areas, and an annual
subscription to the Wisconsin Natural Resources magazine. Under this bill, a
conservation patron licensee who is under the age of 18 does not receive the privilege
of admission to state parks or other recreational areas and does not receive the
magazine subscription.
Under current law, DNR may issue a conservation patron license to any person
who is at least 14 years old. Current law also specifies a reduced fee for a
conservation patron license issued to a person who is at least 12 but less than 18
years old. This bill clarifies that DNR may issue a conservation patron license to any
person who is at least 12 years old.
Under current law, no person may hunt pheasant without a license issued by
DNR. With certain exceptions, the hunter must also have a pheasant hunting stamp,
issued by DNR, attached to, or imprinted on, the person's license. DNR charges a fee
for both the hunting license and the stamp.
This bill generally requires a person to obtain an additional permit from DNR
to hunt pheasant on certain pheasant-stocked lands under DNR's management and
control. Under the bill, DNR must issue the permit to any person who applies for the
permit and who has a valid conservation patron license or a valid pheasant hunting
stamp attached to or imprinted on the person's small game or sports license. The bill
authorizes DNR to charge a fee for the permit.
Under current law, the Lac du Flambeau band of the Lake Superior Chippewa
(band) agrees to limit its treaty-based, off-reservation rights to fish in exchange for
being able to issue DNR fishing licenses and stamps as an agent of DNR. In addition,
DNR agents may issue these licenses and stamps on the band's reservation. Current
law authorizes DNR to pay the band the amount that the band would have received
if the band issued those licenses and stamps. This bill requires DNR to make an
annual payment of $50,000 to the band, in addition to the payment under current
law. The band must use the money for fishery management within the band's
reservation.
Navigable waters
Under current law, a person may not place a boat, boat trailer, or boating
equipment in the Lower St. Croix River if the person has reason to believe that the
boat, trailer, or equipment has zebra mussels attached. Also under current law, a
person must remove zebra mussels from a boat, boat trailer, or boating equipment
before placing it in the St. Croix River if required to do so by a law enforcement officer.
This bill expands the scope of these two provisions to cover any navigable water.
The bill also authorizes a law enforcement officer to require a person to remove any
aquatic plants or zebra mussels from a boat, boat trailer, or boating equipment before
or while transporting the boat, trailer, or equipment on a highway or other
thoroughfare open to the public.
Under current law, a variety of activities affecting navigable waters, dams, and
wetlands are prohibited without a permit or other approval issued by DNR.
Generally, DNR charges a fee for these permits and approvals. Current law specifies
that, if more than one fee is applicable to a project, DNR may charge only the highest
applicable fee rather than charging a separate fee for each permit or approval. Under
this bill, an applicant must pay the permit or approval fee for each activity for which
the applicant seeks a permit or other approval.
Current law directs DNR to make available in each fiscal year at least $500,000
for cost-sharing grants to be awarded to local governmental units for the control of
invasive species that are aquatic species. This bill specifies that nonprofit
conservation organizations and qualified lake associations are also eligible to receive
a portion of these grants.
Recreation
Under current law, a person may not operate a vehicle in state parks or certain
other state recreational lands unless DNR has issued a vehicle admission receipt for
that vehicle. The base fee varies depending on whether the receipt is issued on an
annual or a daily basis, on the kind of vehicle for which the receipt is issued and, for
certain types of receipts, on whether the receipt is issued to a resident or to a
nonresident. DNR charges a reduced fee for receipts issued to certain persons,
including persons who share a household with a person who has been issued a
current annual vehicle admission receipt (additional receipt).
This bill increases the base fee charged for annual resident and nonresident
vehicle admission receipts, the base fee charged for a daily resident vehicle
admission receipt, and the base fee charged for an additional receipt for residents
and nonresidents.
Under current law, DNR operates state campgrounds, classifies these
campgrounds by category, and charges a campsite fee that varies depending on how
the campground is categorized. This bill increases the nightly campsite fees by $2.
Current law authorizes DNR to appoint agents, who are not DNR employees,
to issue all-terrain vehicle (ATV) and snowmobile registration certificates, and
certificates of number and registration certificates for boats. Under current law,
DNR may implement both a noncomputerized procedure and a computerized
procedure for issuing original and duplicate registration documents and for
transferring and renewing these documents. Under the noncomputerized
procedure, agents collect a service fee of $3 from the registrant; there is no service
fee if the application is submitted directly to DNR. Under the computerized
procedure, both agents and DNR collect the $3 service fee; if the $3 fee is collected
by an agent, the agent sends $1 of the fee to DNR.
For all three types of registrations, this bill eliminates the separate
computerized and noncomputerized procedures. Instead, for ATV and snowmobile
registrations, the bill allows DNR to implement two procedures, one under which the
applicant is issued a validated receipt showing the registration of the vehicle at the
time of application, and another procedure under which the applicant receives, in
addition to the receipt, a decal that can be immediately placed on the vehicle. For
an application submitted directly to DNR, there is no fee for receiving only the
receipt, and the fee for the receipt plus a decal is $5. For an application submitted
to an agent, the fee for just the receipt is $3. The fee for a receipt and a decal is $5
with the agent sending $1 of the $5 to DNR.
For boat registration, the bill allows DNR to implement the procedure under
which the applicant receives a receipt and one decal that can be immediately placed
on the boat. The fee for this type of registration is $5, with the agent sending $1 of
the $5 to DNR.
This bill increases the amount that the state pays per mile for the maintenance
and grooming of state and county snowmobile trails.
Current law requires DNR to distribute funds to local units of government and
federal agencies for the operation of off-the-road Type I motorcycle trails and
facilities and for such trails at the Black River State Forest and the Bong State
Recreation Area. This bill eliminates this payment.
Other natural resources
This bill creates a five-member Managed Forest Land Board in DNR to award
grants to cities, towns, counties, DNR, and nonprofit conservation organizations to
acquire land for certain outdoor recreation activities such as fishing, hiking,
sight-seeing, and cross-country skiing. The grants are funded from a portion of the
payments made by certain land owners in lieu of property taxes.
Retirement and group insurance
Under current law, the Group Insurance Board offers health care coverage
plans for state employees, local government employees, school district employees,
and annuitants under the Wisconsin Retirement System (WRS). This bill provides
that domestic partners of state employees and annuitants are eligible to receive
coverage under the health care coverage plans offered by the Group Insurance Board
and that state employees and state annuitants are able to purchase the policies for
their domestic partners. Under the bill, a domestic partner is defined as any
individual who is in a relationship with any other individual that satisfies all of the
following:
1. Each individual is at least 18 years old and otherwise competent to enter into
a contract.
2. Neither individual is married to, or in a domestic partnership with, another
individual.
3. The two individuals are not related by blood in any way that would prohibit
marriage under current law.
4. The two individuals consider themselves to be members of each other's
immediate family.
5. The two individuals agree to be responsible for each other's basic living
expenses.
Under current law, the Historical Society may contract with the Wisconsin
Historical Foundation, Inc., for the purpose of administering certain Historical
Society programs and functions. This bill provides that if the Historical Society
enters into such a contract, any Wisconsin Historical Foundation, Inc., employee who
was previously employed by the Historical Society is eligible to receive health care
coverage under a state employee health care plan.
State government
State finance
In the 2003-05 fiscal biennium, the state issued obligations to pay its unfunded
liabilities under WRS. These liabilities had been incurred as a result of unfunded
WRS benefit improvements and their cost had been allocated to each state agency
as part of its required WRS contributions. This bill requires the secretary of
administration, during the 2005-07 fiscal biennium, to lapse or transfer to the
general fund from appropriations to each state agency, other than DETF and the
State of Wisconsin Investment Board (SWIB), moneys that would otherwise have
been expended by the state agency to pay the WRS unfunded liabilities had the
obligations not been issued. In addition, the bill requires the secretary in each future
fiscal biennium to lapse or transfer these moneys to the general fund based on each
state agency's proportionate share of all state retirement contributions that are
required to be paid in that fiscal biennium.
Current law authorizes the Building Commission to contract public debt to
refund the whole or any part of any unpaid indebtedness used to finance
tax-supported or self-amortizing facilities or for veterans' housing loans. Such
indebtedness includes any premium and interest that is currently payable on the
unpaid indebtedness. Current law also sets caps on the amount of public debt that
may be contracted for these purposes. This bill eliminates these caps.
Current statutes contain several rules of procedure governing legislative action
on certain bills. One rule provides that no bill directly or indirectly affecting general
purpose revenues (GPR) may be adopted if the bill would cause the estimated general
fund balance on June 30 of any fiscal year to be less than a certain amount of the total
GPR appropriations for that fiscal year. For fiscal year 2005-06, the amount is
$75,000,000; for fiscal year 2006-07 and each fiscal year thereafter, the amount is
2 percent of total GPR appropriations for that fiscal year. This bill provides that for
fiscal year 2005-06 through fiscal year 2008-09, the amount is $65,000,000, and for
fiscal year 2009-10 and each fiscal year thereafter, the amount is 2 percent of total
GPR appropriations for that fiscal year.
Another rule of procedure provides that, with certain exceptions, the amount
appropriated from GPR may not exceed the amount appropriated from GPR in the
prior fiscal year, increased by the percentage increase in the state's aggregate
personal income. In the 2005-07 fiscal biennium, this bill excludes from this
limitation a GPR appropriation for county and municipal aid payments. The bill also
excludes from the limitation any amount appropriated to pay WRS unfunded
liability obligations.
A third rule provides that in fiscal year 2005-06 and in fiscal year 2006-07, the
amount appropriated from GPR for state operations generally may not exceed the
amount appropriated from GPR for state operations in fiscal year 2004-05, less
$100,000,000. This bill eliminates this rule for fiscal year 2006-07 and excludes a
number of appropriation expenditures from the calculation for fiscal year 2005-06.
Under current law, the Board of Commissioners of Public Lands (BCPL) may
invest moneys deposited into the common school fund, the normal school fund, the
university fund, and the agricultural college fund (the trust funds) only in certain
specified investments. This bill authorizes BCPL to invest moneys derived from the
future sale of public lands in the purchase of land in this state, subject to certain
conditions. The bill also provides that, if the land sold was at the time of purchase
subject to an assessment or property tax levy, BCPL must make annual payments
in lieu of property taxes to the appropriate local governmental unit in an amount
equal to 74 cents per acre.
This bill also authorizes BCPL to delegate to SWIB the authority to invest part
or all of the moneys belonging to the trust funds. Under the bill, if BCPL delegates
the authority, SWIB may invest the moneys belonging to the trust funds in any fixed
income investment or fund that invests in fixed income instruments.
Current law requires the secretary of administration to prepare a statement of
estimated GPR receipts and expenditures in the biennium following the succeeding
biennium based on recommendations in the executive biennial budget bill or bills
that is to accompany the biennial budget report. Current law also requires the
Legislative Fiscal Bureau (LFB) to prepare the same statement but based on the
recommendations in the executive biennial budget bill or bills as modified in the
legislative process. Current law specifies the methodology to use to prepare these
statements. This bill allows DOA and LFB to develop their own methodologies.
This bill requires the secretary of administration to lapse or transfer to the
general fund, from the unencumbered balances of most state operations
appropriations, an amount equal to $35,500,000 during the 2005-07 fiscal biennium.
The secretary of administration must lapse or transfer these moneys from
allocations for human resources and payroll functions and server and network
support, from moneys saved as a result of restructuring procurement contracts and
changes to purchasing and procurement functions, and from efficiencies achieved as
a result of space management improvements in that fiscal biennium under those
appropriations.
In addition, the bill requires the secretary of administration to lapse or transfer
to the general fund from the unencumbered balances of these state operations
appropriations an amount equal to $55,000,000 during each fiscal year of the
2007-09 fiscal biennium. The secretary of administration must lapse or transfer
these moneys from allocations for human resources and payroll functions and server
and network support, from moneys saved as a result of restructuring procurement
contracts and changes to purchasing and procurement functions, and from
efficiencies achieved as a result of space management improvements in that fiscal
biennium under those appropriations.
This bill transfers $36,000,000 from the general fund to the budget stabilization
fund.
The bill also requires the secretary of administration to lapse moneys to the
general fund from a number of program revenue appropriation accounts. The
appropriations are made to the following state entities: the Office of State
Employment Relations in DOA, DATCP, DHFS, DOJ, DPI, DOC, DORL, DOR, and
DVA, the Department of Commerce, BCPL, the Child Abuse and Neglect Prevention
Board, the Technical College System Board, and OCI.
Public utility regulation
This bill establishes maximum late payment charges that telecommunications
utilities are allowed to charge retail consumers. A telecommunications utility is an
entity that provides local calling service to consumers, excluding entities that
provide such service on a resale basis.
With two exceptions, the bill prohibits a telecommunications utility from
imposing on retail consumers a late payment charge at a rate greater than 1.5
percent per month computed upon the declining principal balance of any amount
that is not paid when due. The first exception applies to retail consumers that are
not residential consumers. For these consumers, for any month in which the
maximum late payment charge otherwise allowed under the bill is less than $5, the
bill allows the telecommunications utility to impose a late payment charge of $5 for
that month. Under the bill's second exception, the PSC may allow a
telecommunications utility to impose a late payment charge that is greater than that
otherwise allowed under the bill if the PSC determines that the greater charge is
consistent with factors specified under current law for determining whether a charge
is just and reasonable.
The bill also requires telecommunications utilities that impose late payment
charges to pay to the PSC, on a semiannual basis, 5 percent of the charges they collect
from consumers that are not residential consumers. The PSC must use the money
for consumer education purposes.
This bill transfers $18,185,300 in fiscal year 2005-06 and $16,949,400 in fiscal
year 2006-07 from the utility public benefits fund to the general fund.
