AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
HEALTH AND HUMAN SERVICES
Mental illness and developmental disabilities
Under current law, DHS distributes grants, on a competitive basis, to county social service departments and to nonprofit organizations to provide alcohol and other drug abuse treatment services in counties with a population of at least 500,000. This bill eliminates the requirement that the population be at least 500,000.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.48 (30) (a) of the statutes is amended to read:
46.48 (30) (a) From the appropriation account under s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).
****NOTE: This is reconciled s. 46.48 (30) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0510/P1 and LRB-0247/1.
(End)
LRB-0511LRB-0511/P1
CMH:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0115 - Eliminate supplementary mental examinations
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, if a defendant is found not guilty of a crime by reason of mental disease or mental defect, the court must commit the person to either institutional care or conditional release. If the court lacks sufficient information to determine whether the person should be committed to institutional care or to conditional release, the court may order a predisposition investigation of the person or a supplementary mental examination, or both. Under this bill, the court may order only a predisposition investigation.
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. 51.30 (4) (b) 8m. of the statutes is amended to read:
51.30 (4) (b) 8m. To appropriate examiners, investigators, and facilities in accordance with s. ss. 54.36 (3), and 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.
SECTION 2. 146.82 (2) (c) of the statutes is amended to read:
146.82 (2) (c) Notwithstanding sub. (1), patient health care records shall be released to appropriate examiners, investigators, and facilities in accordance with s. 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.
SECTION 3. 322.0767 (2) (c) of the statutes is amended to read:
322.0767 (2) (c) The court-martial has the same authority as a circuit court has under s. 971.17 (2) to order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a mental examination as provided under s. 971.17 (2) (b), (c), and (e) to assist the court-martial in determining whether to place the person in institutional care or to conditionally release the person.
SECTION 4. 971.17 (2) (title) of the statutes is amended to read:
971.17 (2) (title) INVESTIGATION AND EXAMINATION.
SECTION 5. 971.17 (2) (a) of the statutes is amended to read:
971.17 (2) (a) The court shall enter an initial commitment order under this section pursuant to a hearing held as soon as practicable after the judgment of not guilty by reason of mental disease or mental defect is entered. If the court lacks sufficient information to make the determination required by sub. (3) immediately after trial, it may adjourn the hearing and order the department of health services to conduct a predisposition investigation using the procedure in s. 972.15 or a supplementary mental examination or both, to assist the court in framing the commitment order.
SECTION 6. 971.17 (2) (b), (c) and (d) of the statutes are repealed.
SECTION 7. 971.17 (2) (e) of the statutes is amended to read:
971.17 (2) (e) The examiner appointed person conducting the predisposition investigation under par. (b) (a) shall personally observe and examine the person. The examiner or facility and shall have access to the person's past or present treatment records, as defined in s. 51.30 (1) (b), and patient health care records, as provided under s. 146.82 (2) (c). If the examiner person conducting the predisposition investigation believes that the person is appropriate for conditional release, the examiner person conducting the predisposition investigation shall report on the type of treatment and services that the person may need while in the community on conditional release.
SECTION 8. 971.17 (2) (f) of the statutes is repealed.
SECTION 9. 971.17 (2) (g) of the statutes is amended to read:
971.17 (2) (g) Within 10 days after the examiner's predisposition investigation report is filed under par. (c) s. 972.15, the court shall hold a hearing to determine whether commitment shall take the form of institutional care or conditional release.
SECTION 9322. Initial applicability; Health Services.
(1) SUPPLEMENTARY MENTAL EXAMINATIONS. The treatment of section 971.17 (2) (a) of the statutes first applies to judgments entered on the effective date of this subsection.
(End)
LRB-0512LRB-0512/P3
CMH:nwn&cjs:rs
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0118 - Eliminate requirement for community integration program reduction
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Mental illness and developmental disabilities
Under current law, DHS reimburses certain costs of services provided by a state center for the developmentally disabled. Under the community integration program for residents of state centers for the developmentally disabled (the "CIP IA" program), DHS is required to reduce the reimbursement to a center following the relocation of an individual from the center to a community setting by $325 per day. This bill eliminates the fixed amount of the reduction.
Under current law, DHS must submit to the legislature a report that describes how certain community integration programs for residents of state centers for the developmentally disabled affect state employees and DHS's efforts to redeploy state employees into vacant positions. This bill eliminates the report requirement.
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. 46.275 (5m) of the statutes is repealed.
SECTION 2. 49.45 (6b) of the statutes is amended to read:
49.45 (6b) CENTERS FOR THE DEVELOPMENTALLY DISABLED. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004 Beginning in fiscal year 2009-10, following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, the department shall reduce the reimbursement to the center by an amount, as determined by the department for each placement, that is equal to the nonfederal share of the costs for the placement under s. 46.275.
(End)
LRB-0522LRB-0522/2
RCT:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0177 - Compensation for removal of closed underground storage tanks
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce (department) administers a program to reimburse owners of certain petroleum product storage tanks for a portion of the costs of cleaning up discharges from those tanks. This program is commonly known as PECFA.
This bill authorizes the department to contract with a person who removes underground petroleum storage tanks to empty, remove, and dispose of an abandoned underground petroleum product storage tank if the department determines that the owner of the tank is unable to pay to have the tank emptied, removed, and disposed of. The bill gives the department a lien on the property from which a tank is removed in the amount of the costs that the department incurred.
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. 20.143 (3) (vm) of the statutes is created to read:
20.143 (3) (vm) Removal of underground petroleum storage tanks. From the petroleum inspection fund, the amounts in the schedule for the removal of abandoned underground petroleum storage tanks under s. 101.1435.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 25.47 (4m) of the statutes is created to read:
25.47 (4m) The payments under s. 101.1435 (3).
SECTION 3. 101.1435 of the statutes is created to read:
101.1435 Removal of abandoned underground petroleum storage tanks. (1) In this section, "underground petroleum product storage tank system" has the meaning given in s. 101.143 (1) (i).
(2) The department may contract with a person registered or certified under s. 101.09 (3) to empty, clean, remove, and dispose of an underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation if all of the following apply:
(a) The department determines that the underground petroleum product storage tank system is abandoned.
(b) Using the method that the department uses to determine inability to pay under s. 101.143 (4) (ee), the department determines that the owner of the underground petroleum product storage tank system is unable to pay to empty, clean, remove, and dispose of the underground petroleum product storage tank system; to assess the site on which the underground petroleum product storage tank system is located; and to backfill the excavation.
(3) If the department incurs costs under sub. (2), the department shall record a statement of lien with the register of deeds of the county in which the underground petroleum product storage tank system was located. Upon recording the statement of lien, the department has a lien on the property on which the underground petroleum product storage tank system was located in the amount of the costs incurred. The property remains subject to the lien until that amount is paid in full to the department. The department shall deposit payments received under this subsection into the petroleum inspection fund.
(End)
LRB-0523LRB-0523/1
RCT:bjk:jf
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0178 - PECFA reimbursement notification deadline
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce administers a program to reimburse owners of certain petroleum product storage tanks for a portion of the costs of cleaning up discharges from those tanks. This program is commonly known as PECFA.
Under this bill, the owner of a petroleum product storage tank is not eligible for reimbursement under PECFA unless the owner notifies the Department of Commerce about the discharge, and the potential that the owner will submit a claim for reimbursement, before January 1, 2012.
