Analysis by the Legislative Reference Bureau
Agriculture
Currently, DATCP administers laws regulating nurseries and laws related to plant pests, which include authorization of quarantines and orders for treatment of infested plants. A person violating these laws is subject to criminal penalties consisting of a fine of up to $200 or imprisonment for not more than six months or both.
This bill modifies the penalties for violating laws regulating nurseries and laws related to plant pests. Under the bill, a person violating these laws may be fined up to $1,000 for a first offense and may be fined not less than $500 nor more than $5,000 or imprisoned for not more than six months, or both, for a subsequent offense. The bill also provides that, in lieu of the criminal penalties, a person violating these laws may be required to pay a forfeiture (civil penalty) of not less than $200 nor more than $5,000 or, for an offense committed within five years of a previous offense, may be required to pay a forfeiture of not less than $400 nor more than $10,000.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 94.77 of the statutes is renumbered 94.77 (1) and amended to read:
94.77 (1) Any person who violates any provision of this chapter for which a specific penalty is not prescribed shall, or an order issued or rule promulgated under such a provision, may be fined not to exceed $200 more than $1,000 for the first offense and may be fined not less than $500 nor more than $5,000 or imprisoned in the county jail not to exceed not more than 6 months or both for each subsequent offense.
SECTION 2. 94.77 (2) of the statutes is created to read:
94.77 (2) In lieu of the criminal penalty under sub. (1), a person who violates any provision of this chapter for which a specific penalty is not prescribed, or an order issued or rule promulgated under such a provision, may be required to forfeit not less than $200 nor more than $5,000 or, for an offense committed within 5 years of an offense for which a penalty has been assessed under this section, may be required to forfeit not less than $400 nor more than $10,000.
SECTION 3. 94.77 (3) of the statutes is created to read:
94.77 (3) The department may seek an injunction restraining any person from violating this chapter or a rule promulgated under this chapter.
SECTION 9303. Initial applicability; Agriculture, Trade and Consumer Protection.
(1) PLANT INDUSTRY PENALTIES. The renumbering and amendment of section 94.77 of the statutes and the creation of section 94.77 (2) and (3) of the statutes first apply to violations committed on the effective date of this subsection.
(End)
LRB-0325LRB-0325/1
RCT:cjs:jf
2007 - 2008 LEGISLATURE
DOA:......Miner, BB0045 - DATCP various changes in appropriations
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Agriculture
This bill eliminates appropriations and statutory language for DATCP programs that have ended. The bill also makes some minor changes in terminology related to DATCP activities.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (1) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.115 (1) (k) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.115 (3) (title) of the statutes is amended to read:
20.115 (3) (title) MARKETING AGRICULTURAL DEVELOPMENT SERVICES.
****NOTE: This SECTION involves a change that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 20.115 (3) (g) of the statutes is amended to read:
20.115 (3) (g) Related services. The amounts in the schedule for the conduct of authorized marketing agricultural development services. All moneys received from authorized fees related to marketing agricultural development services shall be credited to this appropriation account.
SECTION 5. 20.115 (3) (ja) of the statutes is amended to read:
20.115 (3) (ja) Marketing Agricultural development services and materials. All moneys received from publication sales and service fees authorized by law that are related to marketing agricultural development, for the publication of informational materials and the provision of services related to marketing agricultural development.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 6. 20.115 (4) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 7. 20.115 (7) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 8. 20.115 (7) (e) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 9. 20.115 (7) (ue) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 10. 20.505 (8) (hm) 2m. of the statutes is repealed.
SECTION 11. 88.15 of the statutes is repealed.
SECTION 12. 93.06 (1q) of the statutes is amended to read:
93.06 (1q) MARKETING AGRICULTURAL DEVELOPMENT SERVICES. Provide marketing agricultural development services upon request and charge a fee for those services, but the fee may not exceed the department's cost of providing those services.
SECTION 13. 93.75 of the statutes is repealed.
SECTION 14. 94.695 of the statutes is repealed.
SECTION 15. 94.73 (2) (c) of the statutes is amended to read:
94.73 (2) (c) The department may issue an order under par. (a) on a summary basis without prior notice or a prior hearing if the department determines that a summary order is necessary to prevent imminent harm to public health or safety or to the environment. If the recipient of a summary order requests a hearing on that order, the department shall hold a hearing within 10 days after it receives the request unless the recipient agrees to a later hearing date. The department is not required to stay enforcement of a summary order issued under this paragraph pending the outcome of the hearing. If the responsible person prevails after a hearing, the department shall reimburse the responsible person from the appropriation under s. 20.115 (7) (e) or (wm) for the corrective action costs incurred as the result of the department's order.
SECTION 16. 94.73 (7) (a) of the statutes is amended to read:
94.73 (7) (a) The department may make payments to a responsible person who is eligible for reimbursement under sub. (3) if the department has authorized reimbursement to that person under sub. (6). The department shall make payment from the appropriation accounts account under s. 20.115 (7) (e) and (wm), subject to the availability of funds in those that appropriation accounts account. If there are insufficient funds to pay the full amounts authorized under sub. (6) to all eligible responsible persons, the department shall distribute payments in the order in which applications were received, unless the department specifies, by rule, a different order of payment.
(End)
LRB-0329LRB-0329/1
RLR:wlj:rs
2007 - 2008 LEGISLATURE
DOA:......Jablonsky, BB0019 - Resource center and sand ridge appropriations
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
Other health and human services
This bill combines the general purpose revenue appropriation for general program operations of the Wisconsin Resource Center (a facility that is used to provide mental health services to prison inmates, and at which persons committed to DHFS as sexually violent persons may be placed) with the general purpose revenue appropriation for program operations of other secure mental health facilities or units at which persons committed to DHFS as sexually violent persons are placed.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (2) (b) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.435 (2) (bm) of the statutes is amended to read:
20.435 (2) (bm) Secure mental health units or facilities. The amounts in the schedule for the general program operations of the Wisconsin Resource Center under s. 46.056 and other secure mental health units or facilities under s. 980.065 for at which persons committed under s. 980.06 and are placed in a secure mental health unit or facility, but not for security operations at the Wisconsin Resource Center.
(End)
LRB-0330LRB-0330/P6
RLR:cjs:nwn
2007 - 2008 LEGISLATURE
DOA:......Milioto, BB0031 - Family care expansion
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
Other health and human services
Currently, DHFS administers Family Care, a long-term care program for people who are at least 18 years of age, have a physical or developmental disability or a degenerative brain disorder, and satisfy financial eligibility criteria. Under Family Care, DHFS contracts with care management organizations to provide a flexible long-term care benefit called the family care benefit for a capitated payment rate. Also under Family Care, DHFS contracts with resource centers to provide information and referral services pertaining to long-term care and to assess financial and functional eligibility for the family care benefit, among other services. Five counties currently have both care management organizations and resource centers. An additional four counties have only resource centers.
This bill makes the following changes to Family Care:
1. DHFS currently has authority to make the family care benefit available in areas of the state in which, in the aggregate, not more than 29 percent of the population that is eligible for the family care benefit resides. Subject to the approval of the Joint Committee on Finance, DHFS may expand availability of the family care benefit to additional areas of the state, (areas in which up to 50 percent of the population eligible for the family care benefit resides). To apply for the committee's approval for expansion, DHFS must provide the committee a copy of any proposed new contract with a care management organization and information demonstrating that the expansion is cost-neutral. The bill authorizes DHFS to make the family care benefit available anywhere in the state and eliminates the requirement that DHFS obtain the approval of the Joint Committee on Finance to expand availability of the family care benefit
2. Currently, DHFS must obtain legislative approval to enter into a contract for a care management organization with an entity other than a county, family care district, Indian tribe or band, or the Great Lakes Inter-Tribal Council, Inc. Further, DHFS may not contract for a care management organization to serve an area unless the local long-term care council for the area has developed an initial plan for Family Care. The bill eliminates these two limitations on contracting for care management organizations.
3. Currently, DHFS may not enter into new contracts for resource centers without the approval of the Joint Committee on Finance. The bill eliminates the requirement that DHFS obtain the committee's approval for new contracts for resource centers.
4. Under current law, one of the qualifying conditions for the family care benefit is that a person has a degenerative brain disorder. The bill provides instead that a person may be eligible for the family care benefit if he or she is a "frail elder," which is defined as a person who is 65 years of age or older and has a physical disability or irreversible dementia that restricts the individual's ability to perform normal daily tasks or that threatens the capacity of the individual to live independently.
5. Currently, a person may be functionally eligible for the family care benefit at one of two levels, comprehensive or intermediate. The bill changes the two levels to nursing home level of care and non-nursing home level of care.
6. Currently, local long-term care councils, which are responsible for advising counties or tribes on whether to apply to participate in Family Care and, if so, how Family Care should be administered in the county or for the tribe, must include members who are older people, people with physical or developmental disabilities, or their family members. The bill defines a family member as spouse or individual related by blood, marriage, or adoption within the third degree of kinship.
7. Currently, a resource center must notify residents of certain long-term care residential facilities in the area served by the resource center who are potentially eligible for the family care benefit of the services that the resource center provides. A resource center must provide this information within six months after the family care benefit is available in the area. The bill eliminates the six-month deadline for providing the information.
8. Currently, a care management organization need not be licensed as a home health agency. The bill provides that an entity with which a care management organization contracts to provide home health services under Family Care need not be licensed as a home health agency for purposes of providing the contracted services.
9. Resource centers currently perform a functional and financial screening to determine a person's eligibility for the family care benefit. The bill specifies that the functional and financial screenings are separate screenings, and includes an assessment of a person's ability to pay for part of the family care benefit as part of the financial screening.
10. Currently, for those counties that have care management organizations, DHFS may allocate up to 21.3 percent of a county's basic community aids allocation to fund the services of the county's resource center and care management organization. The bill changes the percentage of the county's basic community aids allocation that DHFS may allocate for this purpose to an amount agreed to by DHFS and the county.
The bill also makes changes that affect programs other than Family Care. Currently DHFS administers the GPR-funded Community Options Program to provide community-based services to supplement services available under long-term care MA waiver programs or to serve certain persons not eligible for the waiver programs. DHFS also administers the Family Support Program to provide services to families of children who are disabled to assist the families in caring for the children at home. Additionally, several counties administer the Wisconsin Partnership Program or the Program for All-Inclusive Care for the Elderly (PACE), capitated payment rate programs to provide both acute health and long-term care services to elderly people or people with physical disabilities who are eligible for nursing home care. The bill provides that counties in which the family care benefit is available or in which the Wisconsin Partnership Program or PACE is operated may use their Community Options Program funding to provide mental health or substance abuse services or to provide services under the Family Support Program.
Current law also requires that DHFS obtain approval from the Joint Committee on Finance before expanding use of capitated rate payment programs to provide long-term care services. The bill eliminates this requirement.
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 (7) (bd) of the statutes is amended to read:
20.435 (7) (bd) Community options program; pilot projects; family care benefit Long-term care programs. The amounts in the schedule for assessments, case planning, services, administration and risk reserve escrow accounts under s. 46.27, for pilot projects under s. 46.271 (1), to fund services provided by resource centers under s. 46.283 (5), for services under the family care benefit under s. 46.284 (5), for services and supports under s. 46.2803 (2), and for the payment of premiums under s. 49.472 (5). If the department transfers funds to this appropriation from the appropriation account under sub. (4) (b), the amounts in the schedule for the fiscal year for which the transfer is made are increased by the amount of the transfer for the purposes specified in s. 49.45 (6v). Notwithstanding ss. 20.001 (3) (a) and 20.002 (1), the department may under this paragraph transfer moneys between fiscal years. Except for moneys authorized for transfer under this appropriation or under s. 46.27 (7) (fm) or (g), all moneys under this appropriation that are allocated under s. 46.27 and are not spent or encumbered by counties or by the department by December 31 of each year shall lapse to the general fund on the succeeding January 1 unless transferred to the next calendar year by the joint committee on finance.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.435 (7) (g) of the statutes is created to read:
20.435 (7) (g) Long-term care; county contributions. All moneys received from counties as contributions to the family care program under s. 46.2805 to 46.2895, the Pace program described under s. 46.2805 (1) (a), and the Wisconsin Partnership Program described under s. 46.2805 (1) (b), to fund services under the family care benefit under s. 46.284 (5) and services under the Pace and Wisconsin Partnership programs.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 46.27 (4) (c) 8. of the statutes is amended to read:
