For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT to amend 16.54 (12) (a), 16.54 (12) (a), 16.54 (12) (b), 16.54 (12) (d), 20.435 (8) (mb), 20.435 (8) (mm), 20.437 (3) (mm) and 20.437 (3) (mp); and to repeal and recreate 16.54 (12) (d) of the statutes; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS contracts for activities to augment the amount of moneys received under Title IV-E of the federal Social Security Act for foster care and adoption assistance, under Title XVIII of that act for Medicare, and under Title XIX of that act for Medical Assistance (MA) (income augmentation services receipts) and receives moneys under Title XIX of that act in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under Title IV-E of that act (MA targeted case management moneys). Current law requires DHFS to use income augmentation services receipts to support costs that are exclusively related to the operational costs of income augmentation activities and to distribute not less than 50 percent of income augmentation services receipts received for MA to counties for social, mental health, developmental disabilities, and alcohol and other drug abuse services. In addition, current law permits DHFS to use MA targeted case management moneys to provide services to children and families in Milwaukee County and to use income augmentation services receipts for other purposes if the secretary of administration and JCF, under a 14-day passive review process, approve a plan submitted by DHFS for the proposed use of those moneys.
Also under current law, there is appropriated to DHFS all moneys received from the federal government that are intended to reimburse the state for expenditures in previous fiscal years and that exceed the amount of those moneys estimated to be received (excess federal revenues). Currently, DHFS is authorized to expend those excess federal revenues for liabilities anticipated to be paid with federal moneys, but that are not allowable uses of federal moneys (federal disallowances).
This bill permits DHFS in fiscal year 2007-08 and the Department of Children and Families (DCF) in fiscal year 2008-09 to expend not more than $500,000 in income augmentation services receipts, MA targeted case management moneys, and excess federal revenues received in fiscal year 2006-07 or 2007-08 for unexpected or unusually high-cost out-of-home care placements of Indian children ordered by tribal courts if DHFS or DCF determines in light of overall child welfare needs and after paying federal disallowances that there are sufficient income augmentation services receipts, MA targeted case management moneys, and excess federal revenues to expend for that purpose.
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. 16.54 (12) (a) of the statutes is amended to read:
16.54 (12) (a) The Except as provided under 2007 Wisconsin Act .... (this act), section 9121 (1m), the department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
SECTION 2. 16.54 (12) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
16.54 (12) (a) Except as provided under 2007 Wisconsin Act .... (this act), section 9121 (1m), the The department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
SECTION 3. 16.54 (12) (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
16.54 (12) (b) Except as provided under 2007 Wisconsin Act .... (this act), section 9155 (1m), the The department of children and families may not expend or encumber any moneys credited to the appropriation account under s. 20.437 (2) (mm) or (3) (mm) unless the department of children and families submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.
****NOTE: This is reconciled s. 16.54 (12) (b). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB-1261.
SECTION 4. 16.54 (12) (d) of the statutes is amended to read:
16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been encumbered or expended under 2007 Wisconsin Act .... (this act), section 9121 (1m), or approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.
SECTION 5. 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section XXX, is repealed and recreated to read:
16.54 (12) (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.437 (2) (mm) and (3) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.
****NOTE: This is reconciled s. 16.54 (12) (d). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB-1261. "XXX" in the bill section heading indicates a cross-reference that must be provided in the compiled budget bill to the bill section in LRB-1261 that also treats s. 16.54 (12) (d).
SECTION 6. 20.435 (8) (mb) of the statutes is amended to read:
20.435 (8) (mb) Income augmentation services receipts. All moneys that are received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v as the result of income augmentation activities for which the state has contracted and all moneys that are received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to be used as provided in s. 46.46 and 2007 Wisconsin Act .... (this act), section 9121 (1m). All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in s. 46.46 and 2007 Wisconsin Act .... (this act), section 9121 (1m), shall be deposited in the general fund as a nonappropriated receipt.
SECTION 7. 20.435 (8) (mm) of the statutes is amended to read:
20.435 (8) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. 46.46, 49.45 (6u), and 49.49, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions or penalties, and the costs of any corrective action affecting the department of health and family services and for the purpose of paying the costs of high-cost out-of-home care placements of Indian children by tribal courts under 2007 Wisconsin Act .... (this act), section 9121 (1m). Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.
SECTION 8. 20.437 (3) (mm) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
20.437 (3) (mm) Reimbursements from federal government. All moneys received from the federal government, other than moneys described under ss. 48.565 (2) and 48.567, that are intended to reimburse the state for expenditures in previous fiscal years from general purpose revenue appropriations whose purpose includes a requirement to match or secure federal funds and that exceeded in those fiscal years the estimates reflected in the intentions of the legislature and governor, as expressed by them in the budget determinations, and the joint committee on finance, as expressed by the committee in any determinations, and the estimates approved for expenditure by the secretary of administration under s. 16.50 (2), for the purpose of paying federal disallowances, federal sanctions or penalties and the costs of any corrective action affecting the department of children and families and for the purpose of paying the costs of high-cost out-of-home care placements of Indian children by tribal courts under 2007 Wisconsin Act .... (this act), section 9155 (1m). Notwithstanding s. 20.001 (3) (c), at the end of each fiscal year, the amount determined by the department of administration under s. 16.54 (12) (d) shall lapse to the general fund.
****NOTE: This is reconciled s. 20.437 (3) (mm). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB-1261.
SECTION 9. 20.437 (3) (mp) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
20.437 (3) (mp) Income augmentation services receipts. All moneys that are received under 42 USC 670 to 679a as the result of income augmentation activities for which the state has contracted and all moneys that are received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a, to be used as provided in s. 48.567 and 2007 Wisconsin Act .... (this act), section 9155 (1m). All moneys received under this paragraph in excess of the moneys necessary to support the costs specified in s. 48.567 and 2007 Wisconsin Act .... (this act), section 9155 (1m) shall be deposited into the general fund as a nonappropriated receipt.
****NOTE: This is reconciled s. 20.437 (3) (mp). This SECTION has been affected by drafts with the following LRB numbers: LRB-1221 and LRB 1261.
SECTION 9121. Nonstatutory provisions; Health and Family Services.
(1m) INDIAN CHILD HIGH-COST OUT-OF-HOME CARE PLACEMENT FUNDING. Notwithstanding section 16.54 (12) (a) of the statutes, as affected by this act, and section 46.46 (1) and (2) of the statutes, in fiscal year 2007-08 the department of health and family services may expend not more than $500,000 in moneys received under section 20.435 (8) (mb) and (mm) of the statutes, as affected by this act, in fiscal year 2006-07 or 2007-08 for unexpected or unusually high-cost out-of-home care placements of Indian children by tribal courts. The department of health and family services may expend moneys under this subsection only if that department determines in light of overall child welfare needs and after paying federal disallowances under section 20.435 (8) (mm) of the statutes, as affected by this act, that there are sufficient moneys in the appropriation accounts under section 20.435 (8) (mb) and (mm) of the statutes, as affected by this act, to expend for that purpose.
SECTION 9421. Effective dates; Health and Family Services.
(1) TRIBAL HIGH-COST OUT-OF-HOME CARE PLACEMENT FUNDING. The treatment of section 16.54 (12) (a) (by SECTION 2) and (b) (by SECTION 3) of the statutes, the amendment of section 20.437 (3) (mm) and (mp) of the statutes, and the repeal and recreation of section 16.54 (12) (d) of the statutes take effect on July 1, 2009.
(End)
LRB-1252LRB-1252/8
MDK:kjf&jld:pg
2007 - 2008 LEGISLATURE
DOA:......Hatch, BB0232 - Focus on Energy position transfers
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
Public utility regulation
Under current law, the PSC has oversight duties with respect to certain energy efficiency and renewable resource programs that are established and funded by investor-owned electric and natural gas utilities. Current law requires the utilities to spend a specified percentage of their annual operating revenues on the programs, as well as on other related programs. The utilities must contract with persons to administer the programs.
This bill creates an annual appropriation from the utility public benefits fund (fund) for the costs incurred by the PSC in carrying out its oversight duties described above. In each fiscal year, the PSC must collect, for deposit in the fund, each utility's share, as determined by the PSC, of the PSC's oversight costs. The bill requires the PSC to collect these amounts from the persons with whom the utilities contract to administer the programs. The amount that the PSC collects with respect to a utility is included in determining whether the utility has spent the required percentage of its annual operating revenues. (The bill does not change the percentage.) The bill also transfers employees from DOA to the PSC to carry out the oversight duties.
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. 20.155 (3) (title) of the statutes is repealed and recreated to read:
20.155 (3) (title) AFFILIATED GRANT PROGRAMS.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.155 (3) (s) of the statutes is created to read:
20.155 (3) (s) Energy efficiency and renewable resource programs. From the utility public benefits fund, the amounts in the schedule for the costs of administering s. 196.374. All moneys received under s. 196.374 (3) (b) 4. shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 25.96 of the statutes is amended to read:
25.96 Utility public benefits fund. There is established a separate nonlapsible trust fund designated as the utility public benefits fund, consisting of low-income assistance fees received under s. 16.957 (4) (a) and (5) (b) 2. and all moneys received under s. 196.374 (3) (b) 4.
SECTION 4. 196.374 (3) (b) 2. (intro.) of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:
196.374 (3) (b) 2. (intro.) The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, and the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under sub. (3) (b) 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:
SECTION 5. 196.374 (3) (b) 4. of the statutes is created to read:
196.374 (3) (b) 4. In each fiscal year, the commission shall collect from the persons with whom energy utilities contract under sub. (2) (a) 1. an amount equal to the costs incurred by the commission in administering this section.
SECTION 9101. Nonstatutory provisions; Administration.
(1) EMPLOYEE TRANSFERS TO PUBLIC SERVICE COMMISSION. On the effective date of this subsection, all incumbent employees holding positions having responsibility for administering energy conservation and efficiency and renewable resource programs under section 16.957 of the statutes, as determined by the secretary of administration, are transferred to the public service commission. The employees transferred under this subsection have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the public service commission that they enjoyed in the department of administration immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.
(End)
LRB-1253LRB-1253/1
MDK:jld:pg
2007 - 2008 LEGISLATURE
DOA:......Hatch, BB0233 - Universal service fund
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
Public utility regulation
Under current law, the PSC must require certain telecommunications providers to make contributions to the universal service fund, which is used for promoting universal telecommunications service, as well as for other specified purposes. The PSC must designate the method for calculating the required contributions. However, current law prohibits the PSC from requiring the telecommunications providers to contribute, in the aggregate, more than $6,000,000 per fiscal year for promoting universal telecommunications service. This bill eliminates the foregoing prohibition. As a result, under the bill, the PSC may require the telecommunications providers to contribute more than $6,000,000 per fiscal year for promoting universal telecommunications service.
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. 196.218 (3) (a) 3. a. of the statutes is amended to read:
196.218 (3) (a) 3. a. The amount appropriated under s. 20.155 (1) (q), except that in fiscal year 2003-04 the total amount of contributions in that fiscal year under this subd. 3. a. may not exceed $5,000,000 and except that beginning in fiscal year 2004-05 the total amount of contributions in a fiscal year under this subd. 3. a. may not exceed $6,000,000.
(End)
LRB-1261LRB-1261/7
GMM&PJK:wlj/cs:rs
2007 - 2008 LEGISLATURE
DOA:......Rhodes, BB0258 - Creation of Department of Children and Families
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS provides or oversees county provision of various services to children and families. Those services include services for children in need of protection or services and their families; adoption services for children whose parents' parental rights have been terminated; licensing of child welfare agencies, foster homes, group homes, day care centers, and shelter care facilities; investigating cases of suspected child abuse or neglect; providing a state supplemental food program for women, infants, and children; and distributing funding for children's community programs, child abuse and neglect prevention programs, food distribution programs, domestic abuse services, tribal adolescent services, community action programs to assist poor persons, and a brighter futures initiative to prevent delinquent behavior, alcohol and other drug abuse, child abuse and neglect, and nonmarital pregnancy. This bill creates the Department of Children and Families (DCF), effective on July 1, 2008, and transfers from DHFS to DCF the duty to provide or oversee the provision of those services. The bill also renames DHFS as the Department of Health Services.
Under current law, DWD administers the Wisconsin Works program, which provides work experience and benefits for low-income custodial parents; job search assistance to noncustodial parents who are required to pay child support, to minor custodial parents, and to pregnant women who are not custodial parents; and child care subsidies for eligible parents who need child care services to participate in various educational or work activities. DWD also administers the program for child and spousal support establishment and enforcement and paternity and medical support liability establishment. This bill transfers from DWD to DCF, created in the bill, the responsibility for administering those programs.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 6.47 (1) (ag) of the statutes is amended to read:
6.47 (1) (ag) "Domestic abuse victim service provider" means an organization that is certified by the department of health and family services children and families as eligible to receive grants under s. 46.95 49.165 (2) and whose name is included on the list provided by the board under s. 7.08 (10).
SECTION 2. 7.08 (10) of the statutes is amended to read:
7.08 (10) DOMESTIC ABUSE AND SEXUAL ASSAULT SERVICE PROVIDERS. Provide to each municipal clerk, on a continuous basis, the names and addresses of organizations that are certified under s. 46.95 49.165 (4) or 165.93 (4) to provide services to victims of domestic abuse or sexual assault.
