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
2007 BILL
AN ACT ...; relating to: rail passenger route development.
Analysis by the Legislative Reference Bureau
Transportation
Rail and air transportation
Under current law, DOT administers a rail passenger route development program (program) under which DOT may fund the following:
1. Capital costs related to Amtrak service extension routes or other rail service routes between the cities of Milwaukee and Madison and between the cities of Milwaukee and Green Bay.
2. Railroad track or rail passenger station improvements related to an Amtrak service extension route, or establishing commuter rail service, between the city of Milwaukee and Waukesha County.
3. Rail passenger station improvements related to an existing rail passenger service.
Current law provides $50,000,000 in general obligation bonding authority for the program, but does not provide for other sources of program funding. However, not more than $10,000,000 of the bonding proceeds may be used for the purposes described in items 2. and 3., above, no proceeds may be used without JCF approval, and no proceeds may be used for the purposes described in items 1. and 2., above, unless DOT provides to JCF certain information.
This bill increases the authorized general obligation bonding authority for the program from $50,000,000 to $82,000,000 but does not modify any of these other program funding limitations.
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. 20.866 (2) (up) of the statutes is amended to read:
20.866 (2) (up) Transportation; rail passenger route development. From the capital improvement fund, a sum sufficient for the department of transportation to fund rail passenger route development under s. 85.061 (3). The state may contract public debt in an amount not to exceed $50,000,000 $82,000,000 for this purpose. Of this amount, not more than $10,000,000 may be used to fund the purposes specified in s. 85.061 (3) (a) 2. and 3.
(End)
LRB-1541LRB-1541/3
ARG:kjf:pg
2007 - 2008 LEGISLATURE
DOA:......Kornely, BB0378 - Local appropriation for harbor assistance
