(End)
LRB-1510LRB-1510/3
MGG:kjf:nwn
2007 - 2008 LEGISLATURE
DOA:......Griffin, BB0323 - Enforcement procedures and penalties relating to invasive species
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Other natural resources
Under current law, DNR administers a program to control invasive species in this state. Under current law, specific penalties apply to violations of statutory provisions relating to controlling or introducing certain invasive species, but not to others. Those covered by these penalties include multiflora rose and invasive aquatic plants such as Eurasian water milfoil and purple loosestrife. For other species, there are no specific penalties and, therefore, a maximum forfeiture of $100 applies.
This bill creates penalties for those species for which there is no statutory penalty under current law. These penalties include a forfeiture, not to exceed $200, and fines and terms of imprisonment for intentional violations and for repeat violations. The bill also authorizes the court to order additional remedies such as requiring the violator to restore any natural resources damaged by the violation or to pay for investigation costs and attorney fees.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
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. 20.455 (1) (gh) of the statutes is amended to read:
20.455 (1) (gh) Investigation and prosecution. Moneys received under ss. 23.22 (9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3), 292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., and 299.97 (2), for the expenses of investigation and prosecution of violations, including attorney fees.
****NOTE: This is reconciled s. 20.455 (1) (gh). This SECTION has been affected by drafts with the following LRB numbers: -0353/1 and -1510/2.
SECTION 2. 23.22 (2) (b) 6. of the statutes is amended to read:
23.22 (2) (b) 6. Promulgate rules to identify, classify, and control invasive species for purposes of the program. In promulgating these rules, the department shall consider the recommendations of the council under sub. (3) (a). As part of these rules, the department may establish procedures and requirements for issuing permits to control invasive species.
SECTION 3. 23.22 (8) of the statutes is created to read:
23.22 (8) PENALTIES. (a) Except as provided in pars. (b) and (c), any person who violates a rule promulgated under sub. (2) (b) 6., or any permit issued under those rules, shall forfeit not more than $200.
(b) Any person who intentionally violates any rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $1,000 nor more than $5,000, or shall be imprisoned for not less than 6 months nor more than 9 months or both.
(c) A person who violates a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of a rule promulgated under sub. (2) (b) 6. or any permit issued under those rules shall be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.
(d) The court may order a person who is convicted under par. (a), (b), or (c) to abate any nuisance caused by the violation, restore any natural resource damaged by the violation, or take other appropriate action to eliminate or minimize any environmental damage caused by the violation.
SECTION 4. 23.22 (9) of the statutes is created to read:
23.22 (9) ENFORCEMENT. (a) If the department of natural resources finds that any person is violating a rule promulgated under sub. (2) (b) 6. or a permit issued under those rules for which the person is subject to a forfeiture under sub. (8) (a), the department of natural resources may do one or more of the following:
1. Issue a citation pursuant to s. 23.50 to 23.99.
2. Refer the matter to the department of justice for enforcement under par. (b).
3. Revoke a permit issued under the rules promulgated under sub. (2) (b) 6., after notice and opportunity for hearing.
(b) The department of justice shall initiate an enforcement action requested by the department under par. (a) 2. The enforcement action may include a request for injunctive relief. In any action initiated by it under this paragraph, the department of justice shall, prior to stipulation, consent order, judgment, or other final disposition of the case, consult with the department of natural resources for the purpose of determining the department's views on final disposition. The department of justice shall not enter into a final disposition different than that previously discussed without first informing the department of natural resources.
(c) In an action initiated pursuant to a citation or initiated under par. (b), the court may award, as an additional penalty, an amount equal to all or a portion of the costs of investigation, including any monitoring, incurred by the department of natural resources or the department of justice, which led to the establishment of the violation. The court may also award the department of justice the reasonable and necessary expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department of justice under this paragraph. These moneys shall be credited to the appropriation account under s. 20.455 (1) (gh).
SECTION 5. 23.24 (6) (b) of the statutes is amended to read:
23.24 (6) (b) A person who violates sub. (3) and who, within 5 years before the arrest of the current conviction, was previously convicted of a violation of sub. (3) shall forfeit be fined not less than $700 nor more than $2,000 or shall be imprisoned for not less than 6 months nor more than 9 months or both.
(End)
LRB-1519LRB-1519/1
ARG:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Dombrowski, BB0357 - DFI securities agents fees
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: increasing license fees for securities agents and investment adviser representatives.
Analysis by the Legislative Reference Bureau
Commerce and economic development
Commerce
Securities
Current law generally requires a person who represents a broker-dealer or issuer in securities transactions to be licensed as an agent (securities agent), and generally requires an investment adviser representative to be licensed as such, before transacting business in this state. Securities agents and investment adviser representatives must pay to DFI initial and renewal license fees of $30.
This bill increases the initial and renewal license fees for securities agents and investment adviser representatives from $30 to $60.
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. 551.52 (2) of the statutes is amended to read:
551.52 (2) Every applicant for an initial or renewal license under s. 551.32 shall pay a filing fee of $200 in the case of a broker-dealer or investment adviser and $30 $60 in the case of an agent representing a broker-dealer or issuer or an investment adviser representative. Every federal covered adviser in this state that is required to make a notice filing under s. 551.32 (1m) shall pay an initial or renewal notice filing fee of $200. A broker-dealer, investment adviser, or federal covered adviser maintaining a branch office within this state shall pay an additional filing fee of $30 for each branch office. When an application is denied, or an application or a notice filing is withdrawn, the filing fee shall be retained.
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LRB-1521LRB-1521/7
PJK:kjf:pg
2007 - 2008 LEGISLATURE
DOA:......Pink, BB0376 - Medicaid expansion for childless adults
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
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program and the Badger Care (BadgerCare) health care program, under which eligible individuals or families receive health care benefits. Under MA, eligible individuals generally include low-income elderly or disabled individuals, low-income children, and low-income pregnant women. Under BadgerCare, low-income families, low-income children who do not live with a parent, and unborn children of certain low-income women are eligible. This bill requires DHFS to request a waiver from the secretary of the federal department of health and human services to conduct a demonstration project under which DHFS would provide health care coverage of primary and preventive care for adults under the age of 65 who have family incomes not to exceed 200 percent of the poverty level, who are not otherwise eligible for MA, BadgerCare, or Medicare, and who did not have coverage under the Health Insurance Risk-Sharing Plan within six months before applying.
Also under current law, DHFS provides relief block grant moneys to Milwaukee County for providing assistance in the form of health care services to persons who meet certain criteria for dependency. Under this bill, the amount that DHFS would otherwise provide in relief block grant moneys would be offset by amounts paid for individuals in Milwaukee County under the demonstration project to provide health care coverage for eligible adults.
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. 20.435 (4) (b) of the statutes is amended to read:
20.435 (4) (b) Medical Assistance program benefits. Biennially, the amounts in the schedule to provide a portion of the state share of Medical Assistance program benefits administered under s. 49.45, for a portion of the Badger Care health care program under s. 49.665, to provide a portion of the Medical Assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to fund the pilot project under s. 46.27 (9) and (10), to provide a portion of the facility payments under 1999 Wisconsin Act 9, section 9123 (9m), to fund services provided by resource centers under s. 46.283, for services under the family care benefit under s. 46.284 (5), for assisting victims of diseases, as provided in ss. 49.68, 49.683, and 49.685, and for reduction of any operating deficits as specified in 2005 Wisconsin Act 15, section 3. Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation account and may transfer between fiscal years funds that it transfers from the appropriation account under sub. (7) (kb) for the purposes specified in s. 46.485 (3r). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation account to the appropriation account under sub. (7) (bd) funds in the amount and for the purposes specified in s. 49.45 (6v).
****NOTE: This is reconciled s. 20.435 (4) (b). This SECTION has been affected by drafts with the following LRB numbers: -0892 and -1521.
SECTION 2. 20.435 (4) (h) of the statutes is amended to read:
20.435 (4) (h) General or medical assistance medical program; intergovernmental transfer. The amounts in the schedule to provide supplemental payments to eligible health care providers that contract with Milwaukee County to provide health care services funded by a relief block grant under s. 49.025 or to provide benefits under the demonstration project under s. 49.45 (23). All moneys received from Milwaukee County for this either purpose 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. 49.025 (2) (a) 2. of the statutes is amended to read:
49.025 (2) (a) 2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year and amounts paid on behalf of individuals in that county under the demonstration project under s. 49.45 (23) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.
SECTION 4. 49.45 (23) of the statutes is created to read:
49.45 (23) ASSISTANCE FOR CHILDLESS ADULTS DEMONSTRATION PROJECT. (a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage for basic primary and preventive care to adults who are under the age of 65, who have family incomes not to exceed 200 percent of the poverty line, and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under s. 49.665, or Medicare under 42 USC 1395 et seq. Any individual who had coverage under the Health Insurance Risk-Sharing Plan under subch. II of ch. 149 within 6 months before applying for the project under this subsection is not eligible to participate in the project under this subsection.
(b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Notwithstanding s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on January 1, 2009, or on the effective date of the waiver, whichever is later.
SECTION 5. 149.12 (2) (f) 2. g. of the statutes is created to read:
149.12 (2) (f) 2. g. Benefits under the demonstration project for childless adults under s. 49.45 (23).
(End)
LRB-1522LRB-1522/3
PJK:kjf:jf
2007 - 2008 LEGISLATURE
DOA:......Harshner, BB0355 - Child care waiting list
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
Wisconsin Works
The Wisconsin Works (W-2) program under current law provides work experience and benefits for low-income custodial parents who are at least 18 years old. Also, an individual who is the parent of a child under the age of 13 or, if the child is disabled, under the age of 19, may receive a child care subsidy under the W-2 program if the individual needs child care services to participate in various educational or work activities and satisfies other eligibility criteria.
This bill authorizes DWD to implement a prioritized waiting list system for child care subsidies under W-2 if DWD determines that the funding allocated for child care subsidies will be less than the projected amount necessary to pay the subsidies. An individual on a waiting list would not receive a child care subsidy unless sufficient funding became available. An eligible applicant for a child care subsidy who is participating in a work component of W-2, however, could not be placed on a waiting list.
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. 49.155 (1m) (intro.) of the statutes is amended to read:
49.155 (1m) ELIGIBILITY. (intro.) A Wisconsin works Works agency shall determine eligibility for a child care subsidy under this section. Under this section, subject to any waiting list placement under sub. (2), an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:
SECTION 2. 49.155 (2) of the statutes is created to read:
49.155 (2) WAITING LIST. (a) If the department determines that projected child care subsidies under this section will likely exceed the amount of funding allocated for child care subsidies under s. 49.175 (1) (p), the department may implement a prioritized waiting list system for applicants who are otherwise eligible for a child care subsidy under sub. (1m). Under the system, an applicant on the waiting list would not receive a child care subsidy until funding became sufficient.
