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.
SECTION 3. 13.101 (6) (a) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:
13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, or the University of Wisconsin System, or to any other state agency or activity, by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (cg), and (vr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax), and (6) (af), (aq), (ar), and (au), 20.435 (6) (a) and (7) (da), and 20.445 (3) 20.437 (2) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town, or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.
****NOTE: This is reconciled s. 13.101 (6) (a). This SECTION has been affected by drafts with the following LRB numbers: -1501 and -1261.
SECTION 4. 13.63 (1) (am) of the statutes is amended to read:
13.63 (1) (am) If an individual who applies for a license under this section does not have a social security number, the individual, as a condition of obtaining that license, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license issued in reliance upon a false statement submitted under this paragraph is invalid.
SECTION 5. 13.63 (1) (b) of the statutes is amended to read:
13.63 (1) (b) Except as provided under par. (am), the board shall not issue a license to an applicant who does not provide his or her social security number. The board shall not issue a license to an applicant or shall revoke any license issued to a lobbyist if the department of revenue certifies to the board that the applicant or lobbyist is liable for delinquent taxes under s. 73.0301. The board shall refuse to issue a license or shall suspend any existing license for failure of an applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of an applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. No application may be disapproved by the board except an application for a license by a person who is ineligible for licensure under this subsection or s. 13.69 (4) or an application by a lobbyist whose license has been revoked under this subsection or s. 13.69 (7) and only for the period of such ineligibility or revocation.
SECTION 6. 13.64 (2) of the statutes is amended to read:
13.64 (2) The registration shall expire on December 31 of each even-numbered year. Except as provided in sub. (2m), the board shall refuse to accept a registration statement filed by an individual who does not provide his or her social security number. The board shall refuse to accept a registration statement filed by an individual or shall suspend any existing registration of an individual for failure of the individual or registrant to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or failure of the individual or registrant to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceeding, as provided in a memorandum of understanding entered into under s. 49.857. If all lobbying by or on behalf of the principal which is not exempt under s. 13.621 ceases, the board shall terminate the principal's registration and any authorizations under s. 13.65 as of the day after the principal files a statement of cessation and expense statements under s. 13.68 for the period covering all dates on which the principal was registered. Refusal to accept a registration statement or suspension of an existing registration pursuant to a memorandum of understanding under s. 49.857 is not subject to review under ch. 227.
SECTION 7. 13.64 (2m) of the statutes is amended to read:
13.64 (2m) If an individual who applies for registration under this section does not have a social security number, the individual, as a condition of obtaining registration, shall submit a statement made or subscribed under oath or affirmation to the board that the individual does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A registration accepted in reliance upon a false statement submitted under this subsection is invalid.
SECTION 8. 13.83 (3) (f) (intro.) of the statutes is amended to read:
13.83 (3) (f) (intro.) The special committee shall be assisted by a technical advisory committee composed of 7 8 members representing the following:
SECTION 9. 13.83 (3) (f) 2m. of the statutes is created to read:
13.83 (3) (f) 2m. The department of children and families.
SECTION 10. 13.83 (4) (a) 9. of the statutes is repealed.
SECTION 11. 14.18 of the statutes is amended to read:
14.18 Assistance from department of workforce development children and families. The governor may enter into a cooperative arrangement with the department of workforce development children and families under which the department assists the governor in providing temporary assistance for needy families under 42 USC 601 et. seq.
SECTION 12. 15.155 (5) of the statutes is amended to read:
15.155 (5) SMALL BUSINESS REGULATORY REVIEW BOARD. There is created a small business regulatory review board, attached to the department of commerce under s. 15.03. The board shall consist of a representative of the department of administration; a representative of the department of agriculture, trade and consumer protection; a representative of the department of children and families; a representative of the department of commerce; a representative of the department of health and family services; a representative of the department of natural resources; a representative of the department of regulation and licensing; a representative of the department of revenue; a representative of the department of workforce development; 6 representatives of small businesses, as defined in s. 227.114 (1), who shall be appointed for 3-year terms; and the chairpersons of one senate and one assembly committee concerned with small businesses, appointed as are members of standing committees. The representatives of the departments shall be selected by the secretary of that department.
SECTION 13. 15.195 (4) (intro.) of the statutes is renumbered 15.205 (4) (intro.) and amended to read:
15.205 (4) CHILD ABUSE AND NEGLECT PREVENTION BOARD. (intro.) There is created a child abuse and neglect prevention board which is attached to the department of health and family services children and families under s. 15.03. The board shall consist of 20 members as follows:
SECTION 14. 15.195 (4) (a) of the statutes is renumbered 15.205 (4) (a).
SECTION 15. 15.195 (4) (b) of the statutes is renumbered 15.205 (4) (b).
SECTION 16. 15.195 (4) (c) of the statutes is renumbered 15.205 (4) (c).
SECTION 17. 15.195 (4) (d) of the statutes is renumbered 15.205 (4) (d).
SECTION 18. 15.195 (4) (dg) of the statutes is renumbered 15.205 (4) (dg).
SECTION 19. 15.195 (4) (dr) of the statutes is renumbered 15.205 (4) (dr) and amended to read:
15.205 (4) (dr) The secretary of workforce development children and families or his or her designee.
SECTION 20. 15.195 (4) (e) of the statutes is renumbered 15.205 (4) (e).
SECTION 21. 15.195 (4) (em) of the statutes is renumbered 15.205 (4) (em).
SECTION 22. 15.195 (4) (f) of the statutes is renumbered 15.205 (4) (f).
SECTION 23. 15.195 (4) (fm) of the statutes is renumbered 15.205 (4) (fm).
SECTION 24. 15.195 (4) (g) of the statutes is renumbered 15.205 (4) (g).
SECTION 25. 15.197 (16) of the statutes is renumbered 15.207 (16) and amended to read:
15.207 (16) COUNCIL ON DOMESTIC ABUSE. There is created in the department of health and family services children and families a council on domestic abuse. The council shall consist of 13 members appointed for staggered 3-year terms. Of those 13 members, 9 shall be nominated by the governor and appointed with the advice and consent of the senate, and one each shall be designated by the speaker of the assembly, the senate majority leader and the minority leader in each house of the legislature and appointed by the governor. Persons appointed shall have a recognized interest in and knowledge of the problems and treatment of victims of domestic abuse.
SECTION 26. 15.197 (24) (a) (intro.) of the statutes is renumbered 15.207 (24) (a) (intro.) and amended to read:
15.207 (24) (a) (intro.) There is created a Milwaukee child welfare partnership council, attached to the department of health and family services children and families under s. 15.03. The council shall consist of the following members:
SECTION 27. 15.197 (24) (a) 1. of the statutes is renumbered 15.207 (24) (a) 1.
SECTION 28. 15.197 (24) (a) 2. of the statutes is renumbered 15.207 (24) (a) 2.
SECTION 29. 15.197 (24) (a) 3. of the statutes is renumbered 15.207 (24) (a) 3.
SECTION 30. 15.197 (24) (a) 4. of the statutes is renumbered 15.207 (24) (a) 4.
SECTION 31. 15.197 (24) (a) 5. of the statutes is renumbered 15.207 (24) (a) 5.
SECTION 32. 15.197 (24) (a) 6. of the statutes is renumbered 15.207 (24) (a) 6.
SECTION 33. 15.197 (24) (a) 7. of the statutes is renumbered 15.207 (24) (a) 7.
SECTION 34. 15.197 (24) (b) of the statutes is renumbered 15.207 (24) (b).
SECTION 35. 15.197 (24) (c) of the statutes is renumbered 15.207 (24) (c).
SECTION 36. 15.197 (24) (d) of the statutes is renumbered 15.207 (24) (d) and amended to read:
15.207 (24) (d) If the department of workforce development children and families establishes more than one geographical area in Milwaukee County under s. 49.143 (6), the children's services networks established in Milwaukee County under s. 49.143 (2) (b), in nominating members under par. (a) 7., shall nominate residents of different geographical areas established under s. 49.143 (6) and, when the term of a member appointed under par. (a) 7. ends or if a vacancy occurs in the membership of the council under par. (a) 7., those children's services networks shall nominate a resident of a different geographical area established under s. 49.143 (6) from the geographical area of the member who is being replaced according to a rotating order of succession determined by the children's services networks.
SECTION 37. 15.20 of the statutes is created to read:
15.20 Department of children and families; creation. There is created a department of children and families under the direction and supervision of the secretary of children and families.
SECTION 38. 15.205 (title) of the statutes is created to read:
15.205 (title) Same; attached boards.
SECTION 39. 15.207 (title) of the statutes is created to read:
15.207 (title) Same; councils.
SECTION 40. 16.54 (12) (b) of the statutes is amended to read:
16.54 (12) (b) The Except as provided under 2007 Wisconsin Act .... (this act), section 9155 (1m), the department of workforce development children and families may not expend or encumber any moneys received under s. 20.445 credited to the appropriation account under s. 20.437 (2) (mm) or (3) (mm) unless the department of workforce development 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: -1221 and -1261.
SECTION 41. 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act .... (this act), section XXX, 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 20.437 (2) (mm) and (3) (mm) that have not been encumbered or expended under 2007 Wisconsin Act .... (this act), section 9121 9155 (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.
****NOTE: This is reconciled s. 16.54 (12) (d). This SECTION has been affected by drafts with the following LRB numbers: -1221 and -1261. "XXX" in the bill section heading indicates a cross-reference that must be provided in the compiled budget bill to the first of the two bill sections in LRB-1221 that also treat s. 16.54 (12) (d).
SECTION 42. 16.75 (6) (bm) of the statutes is amended to read:
16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of workforce development children and families under s. 49.143, if the department of workforce development children and families presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.
SECTION 43. 16.957 (3) (a) of the statutes is amended to read:
16.957 (3) (a) The department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 49.265 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181, or local units of government to provide services under the programs established under sub. (2) (a).
SECTION 44. 16.964 (12) (c) 10. of the statutes is amended to read:
16.964 (12) (c) 10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health and family services, private social services agencies, and substance abuse treatment providers.
SECTION 45. 16.964 (12) (e) 1. of the statutes is amended to read:
16.964 (12) (e) 1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections, children and families, and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.
SECTION 46. 16.964 (14) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:
16.964 (14) (a) Serving as guardian ad litem for cases with the bureau of Milwaukee child welfare of the department of health and family services children and families.
****NOTE: This is reconciled s. 16.964 (14) (a). This SECTION has been affected by drafts with the following LRB numbers: -1261 and -1671.
SECTION 47. 19.55 (2) (b) of the statutes is amended to read:
19.55 (2) (b) Records obtained or prepared by the board in connection with an investigation, except that the board shall permit inspection of records that are made public in the course of a hearing by the board to determine if a violation of this subchapter or subch. III of ch. 13 has occurred. Whenever the board refers such investigation and hearing records to a district attorney or to the attorney general, they may be made public in the course of a prosecution initiated under this subchapter. The board shall also provide information from investigation and hearing records that pertains to the location of individuals and assets of individuals as requested under s. 49.22 (2m) by the department of workforce development children and families or by a county child support agency under s. 59.53 (5).
