2007 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Medical Assistance
Under current law, DHFS imposes fees for various services provided by DHFS or by county departments of social services, community programs, or developmental disabilities services. The fee revenues are generally credited to DHFS. This bill provides that a county may retain fees collected for certain long-term support services for disabled children that the county provides without state funding.
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 (6) (gc) of the statutes is amended to read:

20.435 (6) (gc) Disabled children children's long-term support waiver waivers; state operations. From all moneys received under ss. 46.03 (18) and 46.10 for services for children reimbursed under a waiver under s. 46.27 (11), 46.275, or 46.278 or the waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs) or 2003 Wisconsin Act 33, section 9124 (8c) provided under the disabled children's long-term support program, as defined in s. 46.011 (1g), the amounts in the schedule for collection of moneys received under ss. 46.03 (18) and 46.10 for services for children reimbursed under a waiver under s. 46.27 (11), 46.275, or 46.278 or the waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs) or 2003 Wisconsin Act 33, section 9124 (8c) provided under the disabled children's long-term support program.

****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) (h) of the statutes is amended to read:

20.435 (7) (h) Disabled children children's long-term support waiver waivers. All moneys received under ss. 46.03 (18) and 46.10 for services for children reimbursed under a waiver under s. 46.27 (11), 46.275, or 46.278 or the waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) provided under the disabled children's long-term support program, as defined in s. 46.011 (1g), less the amounts appropriated under sub. (6) (gc), for distribution to counties according to a formula developed by the department as a portion of the state share of payments for services for children under the waiver under s. 46.278 or the waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) for services provided under the disabled children's long-term support program.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.

SECTION 3. 46.011 (1g) of the statutes is created to read:

46.011 (1g) "Disabled children's long-term support program" means the programs described under 2001 Wisconsin Act 16, section 9123 (16rs), and 2003 Wisconsin Act 33, section 9124 (8c).

SECTION 4. 46.03 (18) (ar) of the statutes is created to read:

46.03 (18) (ar) A county may retain fees that it collects under this subsection for services the county provides without state funding under the disabled children's long-term support program.

SECTION 5. 46.10 (16) of the statutes is amended to read:

46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities or, those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275,, 46.278, or 46.2785, or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c), those provided under the disabled children's long-term support program if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.

SECTION 6. 49.46 (2) (b) 8. of the statutes is amended to read:

49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785, under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) (1d), or under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) the disabled children's long-term support program, as defined in s. 46.011 (1g).

****NOTE: This is reconciled s. 49.46 (2) (b) 8. This SECTION has been affected by drafts with the following LRB numbers: -0330 and -0336.

SECTION 7. 149.12 (2) (g) 3. of the statutes is amended to read:

149.12 (2) (g) 3. Services provided under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c) the disabled children's long-term support program, as defined in s. 46.011 (1g).
(End)
LRB-0347LRB-0347/2
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2007 - 2008 LEGISLATURE

DOA:......Griffin, BB0115 - Parks interpretive fee revenue appropriation
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: the use of fees for educational and interpretive programs in state parks and making an appropriation.
Analysis by the Legislative Reference Bureau
Natural resources
Recreation
Current law authorizes DNR to charge fees for special scheduled events and programs in state parks. This bill creates an appropriation consisting of fees received by DNR for educational and interpretive programs in state parks to be used for costs associated with those programs.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (1) (es) of the statutes is created to read:

20.370 (1) (es) Parks -- interpretive programs. All moneys received from fees authorized under s. 27.01 (9) (d) for educational and interpretive programs in state parks to be used for costs associated with those programs.

****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0348LRB-0348/1
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2007 - 2008 LEGISLATURE

DOA:......Griffin, BB0124 - Water resources account lapses
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
This bill lapses a total of $2,085,900 to the conservation fund from appropriations to DNR for recreational boating aids, lake management and invasive species control grants, boating access, and Mississippi and St. Croix rivers management.
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 9235. Fiscal changes; Natural Resources.

(1) RECREATIONAL BOATING AIDS LAPSE. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, there is lapsed to the conservation fund $1,400,000 from the appropriation account to the department of natural resources under section 20.370 (5) (cq) of the statutes.

(2) LAKE MANAGEMENT AND INVASIVE SPECIES CONTROL GRANTS LAPSE. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, there is lapsed to the conservation fund $150,000 from the appropriation account to the department of natural resources under section 20.370 (6) (ar) of the statutes.

(3) BOATING ACCESS LAPSE. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, there is lapsed to the conservation fund $311,700 from the appropriation account to the department of natural resources under section 20.370 (7) (ft) of the statutes.

(4) MISSISSIPPI AND ST. CROIX RIVERS MANAGEMENT LAPSE. Notwithstanding section 20.001 (3) (c) of the statutes, on the effective date of this subsection, there is lapsed to the conservation fund $224,200 from the appropriation account to the department of natural resources under section 20.370 (7) (fw) of the statutes.
(End)
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2007 - 2008 LEGISLATURE

DOA:......Griffin, BB0127 - Repeal solid and hazardous waste customer assistance appropriation and petroleum inspection fund cooperative assistance appropriation
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: eliminating an appropriation for solid and hazardous waste management, and an appropriation for cooperative environmental assistance.
Analysis by the Legislative Reference Bureau
environment
Other environment
Under current law, DNR administers solid and hazardous waste disposal laws. This bill eliminates one of the program revenue appropriations to DNR for administration of those laws.
This bill also eliminates an appropriation to DNR from the petroleum inspection fund for cooperative environmental assistance.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (9) (mj) 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. 20.370 (9) (ms) 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. 289.43 (7) (e) 3. of the statutes is amended to read:

289.43 (7) (e) 3. All fees collected under this paragraph shall be credited to the appropriations appropriation under s. 20.370 (2) (dg) and (9) (mj).
(End)
LRB-0353LRB-0353/2
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2007 - 2008 LEGISLATURE

DOA:......Miner, BB0130 - Recover costs associated with prosecution of hazardous waste violations
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL

AN ACT ...; relating to: recovery of the costs of prosecution of violations of hazardous waste laws.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
This bill authorizes the judge in a case in which a person has been found to have violated this state's hazardous waste laws to order the person to pay DOJ the reasonable costs of the investigation and prosecution of the violation.
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. 291.97 (3) of the statutes is created to read:

291.97 (3) COST RECOVERY. In addition to the penalties provided under subs. (1) and (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees and the costs of performing monitoring. 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 or the state under this paragraph. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

SECTION 9329. Initial applicability; Justice.

(1) HAZARDOUS WASTE COST RECOVERY. The treatment of section 291.97 (3) of the statutes first applies to actions commenced on the effective date of this subsection.
(End)
LRB-0354LRB-0354/2
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2007 - 2008 LEGISLATURE

DOA:......Miner, BB0128 - Appropriation for fees for landfill operator certification
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
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