16.964 (1m) (intro.) The office of justice assistance shall:
SECTION 2. 16.964 (1) (j) of the statutes is renumbered 16.964 (15) (a) and amended to read:
16.964 (15) (a) Provide The office shall provide staff support for the interoperability council under s. 16.9645 and oversight of the development and operation of a statewide public safety interoperable communication system.
****NOTE: This is reconciled s. 16.964 (1). This SECTION has been affected by drafts with the following LRB numbers: 1282/4 and 1376/4.
SECTION 3. 16.964 (1g) of the statutes is created to read:
16.964 (1g) In this section, "office" means the office of justice assistance.
****NOTE: This is reconciled s. 16.964 (1g). This SECTION has been affected by drafts with the following LRB numbers: 1282/4 and 1376/4.
SECTION 4. 16.964 (2) of the statutes is amended to read:
16.964 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in sub. (1) (1m) (g) on the basis of the forms or instructions or both to be supplied by the office under sub. (1) (1m) (g).
****NOTE: This is reconciled s. 16.964 (2). This SECTION has been affected by drafts with the following LRB numbers: 1282/4 and 1376/4.
SECTION 5. 16.964 (15) (b) of the statutes is created to read:
16.964 (15) (b) The office may charge a public safety agency, as defined in s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).
SECTION 6. 20.505 (6) (ka) of the statutes is created to read:
20.505 (6) (ka) Public safety interoperable communication system; state fees. The amounts in the schedule to operate a statewide public safety interoperable communication system. All moneys received from public safety agencies that are state agencies as fees under s. 16.964 (15) (b) shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-1377LRB-1377/2
PJK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Grimsrud, BB0362 - Child support pass-through
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
Wisconsin Works
The Wisconsin Works (W-2) program under current law generally provides work experience and benefits for low-income custodial parents who are at least 18 years old. W-2 is funded with federal Temporary Assistance for Needy Families (TANF) block grant moneys, federal child care block grant moneys, and state general purpose revenue, and is administered by DCF. One eligibility requirement for W-2 is that an individual assign to the state any right he or she has to support from any other person. Of the support that is assigned to the state, a portion is the state's share and a portion is the federal government's share. Currently, all of the state's share that is collected is paid to the individual participating in W-2, and a portion of the federal government's share is paid to the individual in accordance with federal law. The bill changes the amount of support collected that is paid to the individual to 75 percent of all support collected, including both the state and federal shares. In addition, for an individual who formerly participated in W-2 and assigned his or her right to support to the state but who is no longer participating in W-2, the bill provides that 100 percent of the state's share and the federal government's share of support arrears that accrued while the individual was participating in W-2 and that are collected after the individual ceased participation, be paid to the individual.
Public assistance
Under current law, DHS pays supplemental monthly payments for the support of dependent children to custodial parents who are receiving federal supplemental security income. One eligibility requirement for the receipt of those state payments is that the custodial parent assign to the state any right he or she has to support from any other person. Of the support that is assigned to the state, a portion is the state's share and a portion is the federal government's share. Currently, all of the state's share that is collected is paid to the custodial parent, and a portion of the federal government's share is paid to the custodial parent in accordance with federal law. The bill changes the amount of support collected that is paid to the custodial parent to 75 percent of all support collected, including both the state and federal shares. The bill also provides that, for determining eligibility for the supplemental payments for the support of dependent children, DHS must disregard any support that is received by or that is owed to the custodial parent. In addition, for a custodial parent who formerly received supplemental payments for the support of dependent children and assigned his or her right to support to the state but who is no longer receiving those supplemental payments, the bill provides that 100 percent of the state's share and the federal government's share of support arrears that accrued while the custodial parent was receiving those supplemental payments and that are collected after the custodial parent ceased receiving them, be paid to the custodial parent.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.145 (2) (s) of the statutes is amended to read:
49.145 (2) (s) The individual assigns to the state any right of the individual or of any dependent child of the individual to support or maintenance from any other person, including any right to amounts accruing during the time that any Wisconsin Works benefit is paid to the individual. If a minor who is a beneficiary of any Wisconsin Works benefit is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving a benefit under Wisconsin Works, any support payment made under the judgment or order is assigned to the state during the period that the minor is a beneficiary of the Wisconsin Works benefit in the amount that is the proportionate share of the minor receiving the benefit under Wisconsin Works, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this paragraph remain assigned to the state until the amount due to the federal government has been recovered. No amount of support that begins to accrue after the individual ceases to receive benefits under Wisconsin Works may be considered assigned to this state. Except as provided in s. 49.1455, any money that is 75 percent of all money received by the department in a month under an assignment to the state under this paragraph for an individual applying for or participating in Wisconsin Works and that is not the federal share of support shall be paid to the individual applying for or participating in Wisconsin Works. The department shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
SECTION 2. 49.1452 of the statutes is created to read:
49.1452 Payment of support arrears. If an individual who formerly participated in, but is no longer participating in, Wisconsin Works assigned to the state under s. 49.145 (2) (s) his or her right or the right of any dependent child of the individual to support or maintenance from any other person, the department shall pay to the individual all money in support or maintenance arrears that is collected by the department after the individual's participation ceased and that accrued while the individual was participating in Wisconsin Works.
SECTION 3. 49.775 (2) (bm) of the statutes is amended to read:
49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any Seventy-five percent of all money that is received by the department of children and families under an assignment to the state under this paragraph and that is not the federal share of support shall be paid to the custodial parent. The department of children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.
SECTION 4. 49.775 (2m) of the statutes is created to read:
49.775 (2m) DISREGARD OF SUPPORT. In determining a custodial parent's eligibility under this section, the department shall, for purposes of determining the custodial parent's income, disregard any court-ordered support that is received by or owed to the custodial parent.
SECTION 5. 49.776 of the statutes is created to read:
49.776 Payment of support arrears. If a custodial parent who formerly received payments under s. 49.775 but who is no longer receiving payments under s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right of the dependent child to support from any other person, the department shall pay to the custodial parent all money in support arrears that is collected by the department after the custodial parent's receipt of payments under s. 49.775 ceased and that accrued while the custodial parent was receiving those payments.
SECTION 9308. Initial applicability; Children and Families.
(1) ARREARAGES COLLECTED. The treatment of section 49.1452 of the statutes first applies to arrearages collected on the effective date of this subsection.
SECTION 9322. Initial applicability; Health Services.
(1) SUPPLEMENTAL SECURITY INCOME CARETAKER SUPPLEMENT.
(a) Arrearages collected. The treatment of section 49.776 of the statutes first applies to arrearages collected on the effective date of this paragraph.
(b) Disregard of child support. The treatment of section 49.775 (2m) of the statutes first applies to eligibility determinations made or reviewed on the effective date of this paragraph.
SECTION 9408. Effective dates; Children and Families.
(1) ARREARAGES COLLECTED. The treatment of section 49.1452 of the statutes and SECTION 9308 (1) of this act take effect on January 1, 2010.
SECTION 9422. Effective dates; Health Services.
(1) SUPPLEMENTAL SECURITY INCOME CARETAKER SUPPLEMENT.
(a) Arrearages collected. The treatment of section 49.776 of the statutes and SECTION 9322 (1) (a) of this act take effect on January 1, 2010.
(b) Disregard of child support. The treatment of section 49.775 (2m) of the statutes and SECTION 9322 (1) (b) of this act take effect on January 1, 2010.
(End)
LRB-1382LRB-1382/P5
TJD&CMH:cjs:jf
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0361 - Wisconsin Quality Home Care Authority
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
Other health and human services
This bill requires that an adult who 1) hires an individual home care provider other than an agency, county, or independent living center employee or a health care provider; 2) is a resident of a county that agrees to abide by certain requirements or that offers certain programs; and 3) is a recipient of a home care benefit through the Family Care Program, a medical assistance waiver program, a self-directed supports option program, an amendment to the state medical assistance plan, or the Program of All-Inclusive Care for the Elderly must comply with certain requirements with regard to the hiring of the home care provider. The requirements include hiring only a provider eligible for inclusion on a registry maintained by the Wisconsin Quality Home Care Authority (WQHCA), created in this bill, and compensating providers in accordance with any state collective bargaining agreement pertaining to home care providers.
The bill creates the WQHCA, which is a public body corporate and politic with a board of directors that is created by state law, but which is not a state agency. A majority of members of the board of directors must represent the interests of recipients of home care services. The WQHCA is subject to requirements such as state purchasing requirements, lobbying laws, and the code of ethics for public officials. The WQHCA is exempt from state employment requirements, and its employees are excluded from the state retirement system. The bill requires the WQHCA to establish and maintain a registry of providers; provide referrals to individuals seeking home care services; determine the eligibility of providers for placement on the registry; develop a recruitment program for providers; operate a backup provider system with a 24-hour per day call service; conduct activities to improve the supply and quality of home care providers; and perform other tasks.
This bill provides home care providers collective bargaining rights under state law in a manner similar to that provided state employees under the State Employment Labor Relations Act (SELRA). The collective bargaining unit is structured as one statewide unit and DHS acts as the state employer.
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. 7.33 (1) (c) of the statutes is amended to read:
7.33 (1) (c) "State agency" has the meaning given under s. 20.001 (1) and includes an authority created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, or 237.
SECTION 2. 13.172 (1) of the statutes is amended to read:
13.172 (1) In this section, "agency" means an office, department, agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, and any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, or 279.
SECTION 3. 13.48 (13) (a) of the statutes is amended to read:
13.48 (13) (a) Except as provided in par. (b) or (c), every building, structure or facility that is constructed for the benefit of or use of the state, any state agency, board, commission or department, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Quality Home Care Authority, or any local professional baseball park district created under subch. III of ch. 229 if the construction is undertaken by the department of administration on behalf of the district, shall be in compliance with all applicable state laws, rules, codes and regulations but the construction is not subject to the ordinances or regulations of the municipality in which the construction takes place except zoning, including without limitation because of enumeration ordinances or regulations relating to materials used, permits, supervision of construction or installation, payment of permit fees, or other restrictions.
SECTION 4. 13.62 (2) of the statutes is amended to read:
13.62 (2) "Agency" means any board, commission, department, office, society, institution of higher education, council, or committee in the state government, or any authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 237, or 279, except that the term does not include a council or committee of the legislature.
SECTION 5. 13.94 (4) (a) 1. of the statutes is amended to read:
13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Wisconsin Quality Home Care Authority, the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; development zones designated under s. 560.71; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.
****NOTE: This is reconciled s. 13.94 (4) (a)1. This SECTION has been affected by drafts with the following LRB numbers: -0284/P2, -1382/P4.
SECTION 6. 13.95 (intro.) of the statutes is amended to read:
13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.
SECTION 7. 16.002 (2) of the statutes is amended to read:
16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or subch. III of ch. 149 and in chs. 52, 231, 232, 233, 234, 235, 237, and 279.
SECTION 8. 16.004 (4) of the statutes is amended to read:
16.004 (4) FREEDOM OF ACCESS. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.
SECTION 9. 16.004 (5) of the statutes is amended to read:
16.004 (5) AGENCIES AND EMPLOYEES TO COOPERATE. All state agencies and authorities created under subch. II of ch. 114 or subch. III of ch. 149 and under chs. 52, 231, 233, 234, 237, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.
SECTION 10. 16.004 (12) (a) of the statutes is amended to read:
16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Fox River Navigational System Authority.
SECTION 11. 16.045 (1) (a) of the statutes is amended to read:
16.045 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SECTION 12. 16.15 (1) (ab) of the statutes is amended to read:
16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Health Insurance Risk-Sharing Plan Authority.
SECTION 13. 16.41 (4) of the statutes is amended to read:
16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or subch. III of ch. 149 or under ch. 52, 231, 233, 234, 237, or 279.
SECTION 14. 16.417 (1) (b) of the statutes is amended to read:
16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 52, 231, 232, 233, 234, 235, 237, or 279.
SECTION 15. 16.52 (7) of the statutes is amended to read:
