For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
courts and procedure
Other courts and procedure
Under current law, when a person is convicted of a crime or if a person was charged with a crime but the criminal charge was amended to a civil offense and a court finds that the person committed the civil offense, the person pays a crime victim and witness assistance surcharge. The surcharge is $85 for each felony charge and $60 for each misdemeanor charge; current law splits the surcharge into two parts. For each felony surcharge, $65 is used to provide compensation for crime victims and $20 is used to provide grants to organizations that provide services for sexual assault victims. For each misdemeanor surcharge, $40 is used to provide compensation for crime victims and $20 is used to provide grants to organizations that provide services for sexual assault victims.
This bill increases the crime victim and witness assistance surcharge to $90 for each felony charge and $65 for each misdemeanor charge. Under the bill, $20 of each surcharge is used to provide grants to organizations that provide services for sexual assault victims and $5 is added to the amount currently used to provide compensation for crime victims.
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. 20.455 (5) (g) of the statutes is amended to read:
20.455 (5) (g) Crime victim and witness assistance surcharge, general services. The amounts in the schedule for purposes of ch. 950. All moneys received from any crime victim and witness assistance surcharge authorized under s. 973.045 (1) that are allocated as part A of the surcharge under s. 973.045 (1r) (a) 1., 20 percent of all moneys received from any crime victim and witness assistance surcharge authorized under s. 973.045 (1) that are allocated as part B of the surcharge under s. 973.045 (1r) (a) 2., all moneys received from any crime victim and witness assistance surcharge authorized under s. 973.045 (1m), and all moneys received from any delinquency victim and witness assistance surcharge authorized under s. 938.34 (8d) (a) shall be credited to this appropriation account. The department of justice shall transfer from this appropriation account to the appropriation account under par. (kj) the amounts in the schedule under par. (kj).
SECTION 2. 20.455 (5) (gc) of the statutes is amended to read:
20.455 (5) (gc) Crime victim and witness surcharge, sexual assault victim services. All Eighty percent of all moneys received from any crime victim and witness assistance surcharge authorized under s. 973.045 (1) that are allocated as part B of the surcharge under s. 973.045 (1r) (a) 2., to provide grants for sexual assault victim services under s. 165.93.
SECTION 3. 973.045 (1) (a) of the statutes is amended to read:
973.045 (1) (a) For each misdemeanor offense or count, $60 $65.
SECTION 4. 973.045 (1) (b) of the statutes is amended to read:
973.045 (1) (b) For each felony offense or count, $85 $90.
SECTION 5. 973.045 (1r) (a) 2. of the statutes is amended to read:
973.045 (1r) (a) 2. Part B equals $20 $25 for each misdemeanor offense or count and $20 $25 for each felony offense or count.
SECTION 6. 973.045 (2m) of the statutes is amended to read:
973.045 (2m) The secretary of administration shall credit part A and 20 percent of part B of the crime victim and witness surcharge to the appropriation account under s. 20.455 (5) (g) and 80 percent of part B to the appropriation account under s. 20.455 (5) (gc).
(End)
LRB-1261LRB-1261/P7
MDK:kjf/jld/cjs:ph
2009 - 2010 LEGISLATURE
DOA:......Dombrowski, BB0277 - Transfer Division of Energy to PSC
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
Public utility regulation
Under current law, DOA must determine the amount of a monthly low-income assistance fee that electric utilities are required to charge customers. The fees are used to fund various low-income energy assistance programs. Some of the fees are also used to help fund the Wisconsin Works program, which provides work experience and benefits for low-income custodial parents. Current law imposes certain requirements on DOA's determination of the amount of the fee, including a requirement that the monthly fee may not exceed the lesser of $750 or 3 percent of the customer's total charges for the month. This bill changes the foregoing requirement so that the monthly fee may not exceed the lesser of $750 or the sum of the foregoing 3 percent and a percentage of the customer's total charges for the month that, as determined by DOA, is sufficient to generate the amounts used to help fund the Wisconsin Works program.
Current law also requires DOA to promulgate rules establishing the amount of the fee. For a fiscal year, the rules must establish the fee in the amount resulting from subtracting a specified sum from the amount needed for assisting low-income customers as determined under a formula under current law. One component of the specified sum is the amount of funding received by the state under federal programs that provide energy assistance to low-income customers. Under this bill, for fiscal years 2009-10 and 2010-11, the amount of funding received under the federal programs that is attributable to federal economic stimulus funds must be deducted from the sum. The bill requires DOA to promulgate emergency rules for making the required deduction.
Under current law, DOA administers federally funded programs for providing weatherization and energy assistance to low-income households. Current law requires DOA to transfer in each fiscal year 15 percent of the federal funding for the energy assistance program to the weatherization program. This bill allows, but does not require, DOA to make the transfer. In addition, the bill requires DOA to deduct its administrative expenses for the program before making a transfer. Also, the bill eliminates a program revenue appropriation that is no longer required for DOA to administer the program.
Also under current law, DOA administers a program for making grants from the utility public benefits fund (UPBF) to provide assistance to low-income households for weatherization and other energy conservation services, payment of energy bills, and early identification or prevention of energy crises. In each fiscal year, DOA must ensure that the amount made in grants for weatherization and other energy conservation services is equal to 47 percent of the sum of the following: 1) the amounts received under the federally funded weatherization and energy-assistance programs mentioned above; 2) the amount spent by certain electric and natural gas utilities on assistance to low-income households; 3) the amount spent on all programs funded by the UPBF; and 4) the amount of monthly low-income assistance fees that certain municipal electric utilities and electric retail cooperatives are required to collect from their customers and members.
Instead of requiring DOA to ensure that 47 percent of the foregoing sum is spent in fiscal years 2009-10 to 2011-12 on grants for weatherization and other energy conservation services, this bill requires DOA to ensure that at least $75,000,000 is spent in a fiscal year on such grants. In addition, in fiscal years 2010-11 and 2011-12, DOA must increase the amount spent on such grants to reflect the cost-of-living increase that occurred during the previous fiscal year. Beginning in fiscal year 2012-13, DOA must ensure that 47 percent of the foregoing sum is spent on such grants, as is required under current law.
Also under current law, DOA has created a Division of Energy to administer federal and state programs for providing assistance to low-income households for weatherization, energy conservation, payment of energy bills, and other energy-related services. This bill transfers responsibility to administer the programs from DOA to the PSC effective January 1, 2010.
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. 16.26 of the statutes is renumbered 196.3742 and amended to read:
196.3742 Weatherization Federal weatherization assistance. Notwithstanding s. 16.54 (2) (a), the department commission shall administer federal funds available to this state under the weatherization assistance for low-income persons program, as amended, 42 USC 6861 to 6873. The department commission shall administer the funds in accordance with 42 USC 6861 to 6873 and regulations adopted under 42 USC 6861 or 6873.
SECTION 2. 16.27 (title) of the statutes is renumbered 196.3744 (title) and amended to read:
196.3744 (title) Low-income Federal low-income energy assistance.
SECTION 3. 16.27 (1) of the statutes is renumbered 196.3744 (1), and 196.3744 (1) (e), as renumbered, is amended to read:
196.3744 (1) (e) "Low-income warm room program volunteer" means a person who is eligible for assistance under 42 USC 8621 to 8629, whose dwelling, in comparison to the dwellings of other persons eligible for assistance under 42 USC 8621 to 8629, has a high ratio of space to occupant, and who volunteers to take the training under sub. (2) (b) and to cooperate with the department commission in the installation and operation of low-income warm room program materials in his or her dwelling.
SECTION 4. 16.27 (2) of the statutes is renumbered 196.3744 (2) and amended to read:
196.3744 (2) ADMINISTRATION. (a) The department commission shall administer low-income energy assistance as provided in this section to assist an eligible household to meet the costs of home energy with low-income home energy assistance benefits authorized under 42 USC 8621 to 8629.
(b) The department commission shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.
SECTION 5. 16.27 (3) (intro.), (b), (c), (d) and (e) (intro.) of the statutes are renumbered 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.).
****NOTE: This is reconciled s. 16.27 (3) (intro.), (b), (c), (d) and (e) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1517/P2.
SECTION 6. 16.27 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) (intro.), 2., 3., 4. and 5. (intro.) and amended to read:
196.3744 (3) (am) (intro.) Subject to s. 16.54 (2), the department commission shall do all of the following, within the limits of the availability of federal funds received under 42 USC 8621 to 8629:
2. By October 1 of every year from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule.
3. From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m), allocate $1,100,000 in each federal fiscal year for the department's commission's expenses in administering the funds to provide low-income energy assistance under this section.
4. From the appropriation under s. 20.505 (1) 20.155 (3) (n), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency, or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance under this section.
5. (intro.) From the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m):
****NOTE: This is reconciled s. 16.27 (3) (e) 1. This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4, LRB-1373/P1, and LRB-1517/P2.
SECTION 7. 16.27 (3) (am) 5. c., f. and g. of the statutes, as affected by 2009 Wisconsin Act .... (this act), are renumbered 196.3744 (3) (am) 5. c., f. and g., and 196.3744 (3) (am) 5. f. and g., as renumbered, are amended to read:
196.3744 (3) (am) 5. f. If federal funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, submit a plan of expenditure under s. 16.54 (2) (b) of the funds to the joint committee on finance. The commission may not use the funds unless the committee approves the plan.
g. By October 1 of each year, allocate funds budgeted but not spent and any funds remaining from previous fiscal years to heating assistance under sub. (6) or to the weatherization assistance program under s. 16.26 196.3742.
****NOTE: This is reconciled s. 16.27 (3) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-1373/P1 and LRB-1517/P2.
SECTION 8. 16.27 (3) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 196.3744 (3) (bm) and amended to read:
196.3744 (3) (bm) Subject to s. 16.54 (2), the department commission may, after deducting the costs of administering the program under s. 16.26 196.3742, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) 20.155 (3) (m) to the appropriation under s. 20.505 (1) (kn) 20.155 (3) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the program under s. 16.26 196.3742.
****NOTE: This is reconciled s. 16.27 (3) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4, LRB-1373/P1, and LRB-1517/P2.
SECTION 9. 16.27 (3) (e) 1. of the statutes is renumbered 16.27 (3) (bm) and amended to read:
16.27 (3) (bm) Allocate Subject to s. 16.54 (2), the department may, after deducting the costs of administering the program under s. 16.26, and within the limits of the availability of federal funds received under 42 USC 8621 to 8629, allocate and transfer from the appropriation under s. 20.505 (1) (mb) to the appropriation under s. 20.505 (1) (kn) (n), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department under s. 16.26.
SECTION 10. 16.27 (3) (e) 3., 6. and 7. of the statutes are renumbered 16.27 (3) (am) 5. c., f. and g., and 16.27 (3) (am) 5. c., as renumbered, is amended to read:
16.27 (3) (am) 5. c. Except as provided under subd. 6. 5. f., allocate the balance of funds received under 42 USC 8621 to 8629 in a federal fiscal year, after making the allocations under pars. (c) and (d) and subd. 1. subds. 3. and 4. and par. (bm), for the payment of heating assistance or for the payment of crisis assistance under sub. (6).
****NOTE: This is reconciled s. 16.27 (3) (e) 3., 6., and 7. This SECTION has been affected by drafts with the following LRB numbers: LRB-1261/P4 and LRB-1517/P2.
SECTION 11. 16.27 (4) of the statutes is renumbered 196.3744 (4) and amended to read:
196.3744 (4) APPLICATION PROCEDURE. (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 4m. a. to e. or from another local governmental agency or a private nonprofit organization with which the department commission contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department commission for that purpose.
(b) If by February 1 of any year the number of households applying under par. (a) substantially exceeds the number anticipated, the department commission may reduce the amounts of payments made under sub. (6) made after that date. The department commission may suspend the processing of additional applications received until the department commission adjusts benefit amounts payable.
SECTION 12. 16.27 (5) of the statutes, as affected by 2009 Wiconsin Act .... (this act), is renumbered 196.3744 (5).
****NOTE: This is reconciled s. 16.27 (5). This SECTION has been affected by drafts with the following LRB numbers: LRB-0967/1 and LRB-1261/P6.
SECTION 13. 16.27 (6) of the statutes is renumbered 196.3744 (6) and amended to read:
196.3744 (6) BENEFITS. Within the limits of federal funds allocated under sub. (3) and subject to the requirements of sub. subs. (4) (b) and s. 16.54 (2) (b) (6m), heating assistance shall be paid under this section according to a benefit schedule established by the department commission based on household income, family size and energy costs.
SECTION 14. 16.27 (7) of the statutes is renumbered 196.3744 (7).
SECTION 15. 16.27 (8) of the statutes is renumbered 196.3744 (8) and amended to read:
196.3744 (8) CRISIS ASSISTANCE PROGRAM. A household eligible for heating assistance under sub. (6) may also be eligible for a crisis assistance payment to meet a weather-related or fuel supply shortage crisis. The department commission shall define the circumstances constituting a crisis for which a payment may be made and shall establish the amount of payment to an eligible household or individual. The department commission may delegate a portion of its responsibility under this subsection to a county department under s. 46.215 or 46.22 or to another local governmental agency or a private nonprofit organization.
SECTION 16. 16.27 (9) of the statutes is renumbered 196.3744 (9) and amended to read:
196.3744 (9) NOTICE OF UTILITY DISCONNECTION REQUIRED. Any public utility, as defined in s. 196.01 (5), or any fuel distributor furnishing heat, light or power to a residential customer shall provide written notice of intent to disconnect or discontinue service during the months of November to April and shall include information concerning any federal, state or local program that provides assistance for fuel or home heating bills. The department commission shall provide printed information at no cost upon request to any fuel distributor serving residential customers except public utilities. The information shall describe the nature and availability of any federal, state or local program that provides assistance for fuel or home heating bills.
SECTION 17. 16.54 (2) (b) of the statutes is renumbered 196.3744 (6m) and amended to read:
196.3744 (6m) JOINT FINANCE REVISIONS. Upon presentation of proposed revisions by the department commission to the joint committee on finance of alternatives to the provisions under s. 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.27 sub. (5) or benefit payments under s. 16.27 sub. (6), and the department commission shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.
SECTION 18. 16.957 (title) of the statutes is renumbered 196.3746 (title) and amended to read:
196.3746 (title) Low-income State low-income assistance.
SECTION 19. 16.957 (1) (intro.) of the statutes is renumbered 196.3746 (1) (intro.).
SECTION 20. 16.957 (1) (bm) of the statutes is repealed.
SECTION 21. 16.957 (1) (c) to (n) of the statutes are renumbered 196.3746 (1) (c) to (n).
SECTION 22. 16.957 (1) (o) of the statutes is renumbered 196.3746 (1) (o), and 196.3746 (1) (o) 1., as renumbered, is amended to read:
196.3746 (1) (o) 1. The total amount received by the department of administration for low-income funding under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in fiscal year 1997-98.
SECTION 23. 16.957 (1) (p) and (q) of the statutes are renumbered 196.3746 (1) (p) and (q).
SECTION 24. 16.957 (1) (qm) of the statutes is repealed.
SECTION 25. 16.957 (1) (s) to (x) of the statutes are renumbered 196.3746 (1) (s) to (x).
SECTION 26. 16.957 (2) (intro.) of the statutes is renumbered 196.3746 (2) (intro.) and amended to read:
