949.18 (5) (e) A summary of cases handled under this chapter subchapter.
SECTION 34. Subchapter II of chapter 949 [precedes 949.20] of the statutes is created to read:
CHAPTER 949
SUBCHAPTER II
SEXUAL ASSAULT FORENSIC
EXAMINATION COMPENSATION
949.20 Definitions. In this subchapter:
(1) "Cooperate with a law enforcement agency" means to report a sex offense to a law enforcement agency or to aid a law enforcement agency in the investigation of a sex offense.
(2) "Department" means the department of justice.
(3) "Examination costs" means the costs of an examination that is done to gather evidence regarding a sex offense, any procedure during that examination process that tests for or prevents a sexually transmitted disease, and any medication provided or prescribed, during that examination process, that prevents or treats a sexually transmitted disease that the person performing the examination or procedure believes could be a consequence of the sex offense. "Examination costs" does not include any processing or administrative costs, attorney fees, or other expenses.
(4) "Guardian of the victim" means one of the following:
1. If the victim is under 18 years of age, the parent, guardian, or legal custodian of the victim.
2. If the victim has been determined to be incompetent under ch. 54, the guardian of the victim.
(5) "Health care provider" means any person providing health care services.
(6) "Law enforcement agency" has the meaning given in s. 165.83 (1) (b).
(7) "Sex offense" means an act committed in the state that, if committed by a competent adult, would be a violation, or an attempted violation, of s. 940.225, 948.02, 948.025, 948.05, 948.06, 948.08, or 948.09.
(8) "Sexually transmitted disease" has the meaning given in s. 252.11 (1).
(9) "Victim" means a person against whom a sex offense has been committed.
949.22 Administration. The department shall administer this subchapter. The department shall appoint a program director to assist in administering this subchapter. The department shall promulgate rules for the implementation and operation of this subchapter. The rules shall include procedures to ensure that any limitation of an award is calculated in a fair and equitable manner.
949.24 Application for award. (1) ELIGIBILITY. Any health care provider who conducts an examination to gather evidence regarding a sex offense may apply for an award under this subchapter.
(2) FORMS. The department shall prescribe application forms for awards under this subchapter and shall furnish health care providers with the forms.
(3) MEDICAL RECORDS. An applicant shall submit to the department reports from any physician, physician's assistant, or nurse who treated or examined the victim to gather evidence regarding a sex offense, performed any procedure during that treatment or examination that tests for or prevents a sexually transmitted disease, or provided or prescribed any medication to prevent or treat a sexually transmitted disease. The applicant may not submit to the department any other records than those pertaining to the examination, treatment, procedure, or medication for which the applicant is seeking an award.
949.26 Computation of awards. (1) Except as provided in sub. (1m), the department shall make an award under this section to a health care provider who conducts an examination to gather evidence regarding a sex offense to reimburse the health care provider only for the examination costs, as follows:
(a) If, under sub. (2) (b), the health care provider is not authorized to seek payment from insurance or another available source of payment, the award shall be the examination costs, regardless of whether the victim, or any guardian of the victim, cooperates with a law enforcement agency regarding the sex offense.
(b) If, under sub. (2) (b), the health care provider is authorized to seek payment from insurance or another available source of payment and the victim, or any guardian of the victim, does not cooperate with a law enforcement agency regarding the sex offense, the award shall be the examination costs, reduced by any payment to be received as a result of the authorization under sub. (2) (b).
(1m) The department may not make an award under this section if, under sub. (2) (b), the health care provider is authorized to seek payment and the victim, or any guardian of the victim, cooperates with a law enforcement agency.
(2) (a) A health care provider seeking an award under this section may not seek payment for any examination costs from the victim or any guardian of the victim.
(b) A health care provider seeking an award under this section may not seek payment for any examination costs from insurance or another available source of payment unless the victim or any guardian of the victim authorizes the health care provider to seek payment.
(3) The department may not refuse to make an award under this section because the victim or the guardian of the victim does not cooperate with a law enforcement agency regarding the sex offense, or due to lack of an investigation or prosecution of the sex offense.
949.28 Limitations on awards. (1) No order for the payment of an award under this subchapter may be made unless the application was made within one year after the date of the examination. The department may waive the one-year requirement under this subsection in the interest of justice.
(2) The department may not make an award under this subchapter that exceeds the examination costs of the victim.
(3) The department may not make an award under this subchapter for any part of the examination costs of the victim for which the health care provider seeking the award has received compensation from any other source.
(4) The department may not make an award under this subchapter if the total dollar amount awarded under this section in that year is greater than $50,000.
949.31 Hearings. (1) The procedure of ch. 227 for contested cases applies to hearings under this subchapter except as otherwise provided in this section and s. 949.32.
(2) The division of hearings and appeals in the department of administration shall appoint hearing examiners to make findings and orders under s. 227.46 and this subchapter.
(3) All hearings shall be open to the public unless in a particular case the examiner determines that the hearing, or a portion of the hearing, shall be held in private having regard to the fact that the offender has not been convicted or to the interest of the victim.
949.315 Subpoenas. The department or any of its authorized agents may issue subpoenas for persons or records for any investigation or hearing conducted under this subchapter and may enforce compliance with such subpoenas as provided in s. 885.12.
949.32 Condition of victim. There is no privilege, except privileges arising from the attorney-client relationship, as to communications or records relevant to an issue of the physical condition of the victim in a proceeding under this subchapter in which that condition is an element.
949.33 Agency cooperation. Upon request by the department, any state or local agency, including a district attorney or law enforcement agency, shall make available all reports, files, and other appropriate information which the department requests in order to make a determination that a health care provider is eligible for an award under this subchapter.
949.36 Confidentiality. If a health care provider seeks an award under this subchapter, any personally identifiable information, as defined in s. 19.62 (5), of the victim who received the examination shall remain confidential unless written consent for the release of any personally identifiable information is provided by one of the following:
(1) Except as provided under sub. (2), the victim.
(2) If there is a guardian of the victim, the guardian of the victim.
949.37 Offenses. (1) PROHIBITION. In connection with an award under this subchapter, no person may do any of the following:
(a) Submit a fraudulent application or claim for an award.
(b) Intentionally make or cause to be made any false statement or representation of a material fact.
(c) Intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such award when reasonably requested to provide such information by the department.
(2) PENALTIES. Any person who violates this section shall be fined not more than $500 or imprisoned not more than 6 months or both. The person shall forfeit any benefit received and shall reimburse the state for payments received.
(3) DAMAGES. The state has a civil cause of action for relief against any person who violates this section for the amount of damages that the state sustained by reason of the violation and, in addition, for punitive damages not more than double the amount of damages that the state may have sustained, together with interest, and the cost of the suit.
(4) ACTION. The attorney general may bring any action and has such powers as may be necessary to enforce this section.
949.38 Report by the department. The department's biennial report under s. 15.04 (1) (d) shall include a report of its activities under this subchapter including all of the following:
(1) An explanation of the procedures for filing and processing claims under this subchapter.
(2) A description of the programs and policies instituted to promote awareness about the awards under this subchapter.
(3) An analysis of future needs and suggested program improvements.
(4) A copy of the forms used under this subchapter.
(5) A complete statistical analysis of the cases handled under this subchapter, including all of the following:
(a) The number of claims filed.
(b) The number of claims approved and the amount of each award.
(c) The number of claims denied and the reasons for rejection.
(d) A breakdown of claims by geographic area and month.
SECTION 35. 950.04 (1v) (rm) of the statutes is amended to read:
950.04 (1v) (rm) To compensation, as provided under subch. I of ch. 949.
SECTION 36. 950.08 (2g) (b) of the statutes is amended to read:
950.08 (2g) (b) The availability of compensation under subch. I of ch. 949 and the address and telephone number at which to contact the department for information concerning compensation under subch. I of ch. 949.
SECTION 37. 950.08 (2r) (d) of the statutes is amended to read:
950.08 (2r) (d) The availability of compensation under subch. I of ch. 949, including information concerning eligibility for compensation and the procedure for applying for compensation.
SECTION 38. 973.09 (1) (b) of the statutes is amended to read:
973.09 (1) (b) If the court places the person on probation, the court shall order the person to pay restitution under s. 973.20, unless the court finds there is substantial reason not to order restitution as a condition of probation. If the court does not require restitution to be paid to a victim, the court shall state its reason on the record. If the court does require restitution, it shall notify the department of justice of its decision if the victim may be eligible for compensation under subch. I of ch. 949.
SECTION 39. 973.20 (9) (a) of the statutes is amended to read:
973.20 (9) (a) If a crime victim is paid an award under subch. I of ch. 949 for any loss arising out of a criminal act, the state is subrogated to the rights of the victim to any restitution required by the court. The rights of the state are subordinate to the claims of victims who have suffered a loss arising out of the offenses or any transaction which is part of the same continuous scheme of criminal activity.
SECTION 9329. Initial applicability; Justice.
(1) SEXUAL ASSAULT FORENSIC EXAMS. The treatment of section 20.455 (5) (d) of the statutes and subchapter II of chapter 949 of the statutes first applies to examinations conducted on the effective date of this subsection.
(End)
LRB-1538LRB-1538/2
PJK:kjf:rs
2007 - 2008 LEGISLATURE
DOA:......Harshner, BB0356 - Eligibility for child care subsidies
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, is eligible for 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. One of those criteria is that the individual's family income may not exceed 185 percent of the poverty line. If an individual is already receiving a child care subsidy, however, their family income may be as high as 200 percent of the poverty line before they lose eligibility. This bill changes those maximum family income levels to 175 percent of poverty for an individual who is first applying for a child care subsidy and to 190 percent of poverty for an individual who is already receiving a subsidy. These new maximum family income levels only apply to individuals who first apply for a child care subsidy, or who, after losing eligibility, reapply for a child care subsidy, on or after the effective date of the act.
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) (c) 1. (intro.) of the statutes is amended to read:
49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., and 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section on the effective date of this subdivision .... [revisor inserts date], the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works Works agency shall include income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works Works agency shall include the sum of the following:
SECTION 2. 49.155 (1m) (c) 1c. of the statutes is created to read:
49.155 (1m) (c) 1c. Except as provided in subds. 1g. and 1h., for an individual who, on or after the effective date of this subdivision .... [revisor inserts date], applies for a child care subsidy under this section or reapplies for a child care subsidy under this section after losing eligibility, the gross income of the individual's family when the individual applies or reapplies is at or below 175 percent of the poverty line for a family the size of the individual's family and, after the individual is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 190 percent of the poverty line for a family the size of the individual's family. The Wisconsin Works agency shall calculate the gross income of the family in the same manner as gross income is calculated under subd. 1.
SECTION 3. 49.155 (1m) (c) 1m. of the statutes is repealed.
SECTION 4. 49.155 (1m) (c) 2. of the statutes is repealed.
SECTION 5. 49.155 (1m) (c) 3. of the statutes is repealed.
(End)
LRB-1540LRB-1540/1
ARG:kjf:sh
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0361 - General obligation bonding for rail passenger route development
For 2007-09 Budget -- Not Ready For Introduction
