2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Children
Under current law, kinship care payments and assessments to determine eligibility for kinship care payments are funded from certain program revenue-service appropriations to DCF that consist of moneys transferred from a federal block grant aids appropriation of DCF. This bill eliminates those program revenues-service appropriations, resulting in kinship care payments and assessments being funded directly from that federal block grant aids appropriation.
Public assistance
Under current law, DCF may spend no more than the minimum amount required under the federal law that provides federal Child Care Development Funds (CCDF). From a number of specified appropriations, DCF allocates CCDF for a number of specified purposes related to child care licensing and child care programs administered by DCF. The allocations in current law either provide no specific amount or require an allocation of at least a certain specified amount.
This bill eliminates the specific list of appropriations from which DCF allocates CCDF and eliminates the requirement that DCF spend no more than the minimum amount required under federal law for its child care licensing activities and child care programs. The programs to which allocations are made and the allocation amounts are not changed.
Also under current law, DCF allocates specific amounts of federal moneys in each fiscal year, including CCDF and moneys received under the Temporary Assistance for Needy Families (TANF) block grant program, for various public assistance programs and for child care-related purposes, including its day care licensing activities. The bill increases, decreases, and combines some of those allocations. The bill also adds an allocation for public assistance program fraud and error reduction activities and removes an allocation for the Milwaukee and statewide child welfare information systems.
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SECTION 1. 20.437 (1) (kc) of the statutes is repealed.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SECTION 2. 20.437 (1) (kd) of the statutes is repealed.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. 20.437 (2) (md) of the statutes is amended to read:
20.437 (2) (md) Federal block grant aids. The amounts in the schedule, less the amounts withheld under s. 49.143 (3), for aids to individuals or organizations and to be transferred to the appropriation accounts under sub. (1) (kc), (kd), and (kx) and ss. 20.435 (4) (kz), (6) (kx), (7) (ky), and (8) (kx) and 20.835 (2) (kf). All block grant moneys received for these purposes from the federal government or any of its agencies and all moneys recovered under s. 49.143 (3) shall be credited to this appropriation account. The department may credit to this appropriation account the amount of any returned check, or payment in other form, that is subject to expenditure in the same contract period in which the original payment attempt was made, regardless of the fiscal year in which the original payment attempt was made.
SECTION 4. 48.57 (3m) (am) (intro.) of the statutes is amended to read:
48.57 (3m) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make payments in the amount of $215 per month to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:
SECTION 5. 48.57 (3n) (am) (intro.) of the statutes is amended to read:
48.57 (3n) (am) (intro.) From the appropriation under s. 20.437 (1) (kc) (2) (md), the department shall reimburse counties having populations of less than 500,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 500,000 or more. A county department and, in a county having a population of 500,000 or more, the department shall make monthly payments for each child in the amount specified in sub. (3m) (am) (intro.) to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:
SECTION 6. 49.155 (1g) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 49.155 (1g) (intro.) and amended to read:
49.155 (1g) DISTRIBUTION OF FUNDS CHILD CARE ALLOCATIONS. (intro.) Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, the department shall do all of the following: (a) (intro.) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute allocate funding in each fiscal year for all of the following:
****NOTE: This is reconciled s. 49.155 (1g) (intro.). This SECTION has been affected by drafts with the following LRB numbers: LRB-0313/P1 and LRB-0317/1.
SECTION 7. 49.155 (1g) (a) 1. of the statutes is renumbered 49.155 (1g) (ac).
SECTION 8. 49.155 (1g) (a) 2. of the statutes is renumbered 49.155 (1g) (bc).
SECTION 9. 49.155 (1g) (a) 3. of the statutes is renumbered 49.155 (1g) (c) and amended to read:
49.155 (1g) (c) A transfer to the appropriation account under s. 20.437 (1) (kx) for child Child care licensing activities, in the amount of at least $4,800,600 $4,985,360 per fiscal year.
****NOTE: This is reconciled s. 49.155 (1g) (a) 3. This SECTION has been affected by drafts with the following LRB numbers: LRB-0313/P1 and LRB-0317/1.
SECTION 10. 49.155 (1g) (a) 4. of the statutes is renumbered 49.155 (1g) (d).
SECTION 11. 49.155 (1g) (a) 5. of the statutes is renumbered 49.155 (1g) (e).
SECTION 12. 49.155 (1g) (a) 6. of the statutes is renumbered 49.155 (1g) (f).
SECTION 13. 49.155 (1g) (b) of the statutes is repealed.
SECTION 14. 49.175 (1) (a) of the statutes is amended to read:
49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $44,068,500 $44,282,800 in fiscal year 2007-08 2009-10 and $43,392,200 $45,947,300 in each fiscal year 2008-09 thereafter.
SECTION 15. 49.175 (1) (g) of the statutes is amended to read:
49.175 (1) (g) State administration of public assistance programs and costs of overpayment collections. For state administration of public assistance programs, $16,670,100 in fiscal year 2007-08 and $16,868,500 and costs associated with the collection of public assistance overpayments, $17,708,600 in fiscal year 2008-09 2009-10 and $17,810,400 in each fiscal year thereafter.
SECTION 16. 49.175 (1) (h) of the statutes is created to read:
49.175 (1) (h) Public assistance program fraud and error reduction. For activities to reduce fraud under s. 49.197 (1m) and activities to reduce payment errors under s. 49.197 (3), $605,500 in each fiscal year.
SECTION 17. 49.175 (1) (i) of the statutes is amended to read:
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 in each fiscal year 2007-08 and $7,000,000 in fiscal year 2008-09.
SECTION 18. 49.175 (1) (i) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 $7,000,000 in fiscal year 2007-08 2009-10 and $7,000,000 $6,000,000 in fiscal year 2008-09 2010-11.
****NOTE: This is reconciled s. 49.175 (1) (i). This SECTION has been affected by drafts with the following LRB numbers: LRB-0317/1 and LRB-1667/2.
SECTION 19. 49.175 (1) (p) of the statutes is amended to read:
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 in fiscal year 2007-08 and $355,352,000 $375,736,400 in fiscal year 2008-09.
SECTION 20. 49.175 (1) (p) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 in fiscal year 2007-08 and $375,736,400 in each fiscal year 2008-09.
****NOTE: This is reconciled s. 49.175 (1) (p). This SECTION has been affected by drafts with the following LRB numbers: LRB-0317/1 and LRB-1667/2.
SECTION 21. 49.175 (1) (q) of the statutes is amended to read:
49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care services under s. 49.155 (1g) (b), $1,765,600 in fiscal year 2007-08 and $1,600,300 in programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,472,400 in fiscal year 2009-10 and $8,781,300 in fiscal year 2008-09 2010-11.
SECTION 22. 49.175 (1) (qm) of the statutes is amended to read:
49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (a), $5,311,000 in each fiscal year, $6,329,400 in fiscal year 2009-10 and $7,038,300 in each fiscal year thereafter.
SECTION 23. 49.175 (1) (qs) of the statutes is repealed.
SECTION 24. 49.175 (1) (ze) (title) of the statutes is repealed.
SECTION 25. 49.175 (1) (ze) 1. of the statutes is amended to read:
49.175 (1) (ze) 1. 'Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 in each fiscal year 2007-08 and $23,885,800 in fiscal year 2008-09.
SECTION 26. 49.175 (1) (ze) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.175 (1) (s) and amended to read:
49.175 (1) (s) Kinship care and long-term kinship care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,579,800 $23,892,400 in fiscal year 2007-08 2009-10 and $23,885,800 $23,903,500 in each fiscal year 2008-09 thereafter.
****NOTE: This is reconciled s. 49.175 (1) (ze) 1. This SECTION has been affected by drafts with the following LRB numbers: LRB-0317/1 and LRB-1667/2.
SECTION 27. 49.175 (1) (ze) 2. of the statutes is renumbered 49.175 (1) (r) and amended to read:
49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,094,700 in fiscal year 2007-08 and $30,094,700 $29,899,800 in fiscal year 2008-09 2009-10 and $29,933,200 in each fiscal year thereafter.
SECTION 28. 49.175 (1) (ze) 10m. of the statutes is renumbered 49.175 (1) (t) and amended to read:
49.175 (1) (t) Safety and out-of-home placement services. For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 $6,700,700 in each fiscal year.
SECTION 29. 49.175 (1) (ze) 11. of the statutes is renumbered 49.175 (1) (u).
SECTION 30. 49.175 (1) (ze) 12. of the statutes is repealed.
SECTION 31. 49.175 (1) (zh) of the statutes is amended to read:
49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $21,125,400 $6,664,200 in fiscal year 2007-08 2009-10 and $6,664,200 in fiscal year 2008-09 2010-2011.
SECTION 9408. Effective dates; Children and Families.
(1) RETROACTIVE ALLOCATIONS. The treatment of section 49.175 (1) (i) (by SECTION 17) and (p) (by SECTION 19) of the statutes and the amendment of section 49.175 (1) (ze) 1. of the statutes take effect on the day after publication, or retroactively to June 30, 2009, whichever is earlier.
(End)
LRB-0320LRB-0320/1
ARG:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Byrnes, BB0014 - CDL compliance issues
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, an "out-of-service violation" is defined to mean a violation for operating a commercial motor vehicle while the operator or vehicle is ordered out-of-service under state or federal law. A person who commits an out-of-service violation is subject to a criminal penalty, a fine of not less than $1,100 nor more than $2,750 or imprisonment for not more than one year in the county jail or both.
Under this bill, a person who commits an out-of-service violation is subject to a civil penalty rather than a criminal penalty. The person must forfeit $2,500 for the first offense and $5,000 for each subsequent offense within ten years. The bill provides that an out-of-service violation also occurs if a person operates a commercial motor vehicle in this state while the person or the vehicle is ordered out-of-service under the law of another jurisdiction (usually another state) and that an out-of-service violation occurring in another jurisdiction may be counted as a prior violation in determining the applicable penalty for an offense committed in this state. The bill also clarifies that an out-of-service violation may occur when either the operator or the vehicle is ordered out-of-service and that the out-of-service violation can occur when the operator of the commercial motor vehicle either holds a commercial driver license (CDL) or is required to hold a CDL to operate the commercial motor vehicle. The bill also modifies the disqualification periods for some out-of-service violations.
Under current law, no employer may knowingly allow or authorize an employee to operate a commercial motor vehicle during any period when the employee has had his or her CDL suspended, revoked, or canceled, is disqualified, is ordered out-of-service, or does not possess a valid CDL. The penalty for violating this prohibition is a fine of not less than $2,500 nor more than $10,000 or imprisonment for not more than 90 days or both.
This bill changes the amount of the fine imposed upon an employer that violates this prohibition to an amount consistent with federal law: a minimum of $2,750 and a maximum of $25,000.
Under current law, with limited exceptions, no person may operate a vehicle transporting hazardous materials requiring placarding or any quantity of a material listed as a select agent or toxin under federal law unless the person possesses an endorsement to his or her CDL authorizing the operation of such vehicles ("H" endorsement). DOT may not issue or renew a CDL "H" endorsement unless certain requirements are met, including that the applicant has passed a security screening by the federal Transportation Security Administration (TSA) in the Department of Homeland Security. An "H" endorsement is generally valid for four years. DOT is usually required to mail a notice of license renewal at least 30 days prior to the license expiration date, but for an "H" endorsement DOT is required to mail a notice at least 180 days prior to the "H" endorsement expiration date; the notice advises that the licensee must pass a security threat assessment screening by TSA as part of the renewal process and that the licensee must commence the threat assessment screening no later than 90 days before expiration of the "H" endorsement.
This bill requires DOT to mail the notice to licensees holding an "H" endorsement at least 60 days prior to expiration of the "H" endorsement, and the notice must advise them that they must commence the TSA threat assessment screening no later than 30 days before expiration of the "H" endorsement. These new time periods are consistent with changes in federal law.
Under current law, a person must be disqualified from operating a commercial motor vehicle for a one-year period upon a first conviction of certain specified offenses while operating a commercial motor vehicle and must be disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle in the commission of a drug-related felony. A person is also disqualified for a conviction of these specified offenses committed on or after September 30, 2005, while operating any motor vehicle or for using any motor vehicle on or after September 30, 2005, in the commission of a drug-related felony.
This bill provides that a person is disqualified under these circumstances while operating or using a noncommercial motor vehicle on or after September 30, 2005, only if the person holds or has held a CDL, has ever operated a commercial motor vehicle on a highway, or has ever been convicted of a violation related to, or been disqualified from, operating a commercial motor vehicle.
Under current law, among the offenses for which a first conviction must result in a person's disqualification from operating a commercial motor vehicle is a conviction, on or after September 30, 2005, for causing a fatality through negligent or criminal operation of a commercial motor vehicle.
This bill provides for a one-year disqualification for a person's first conviction on or after September 30, 2005, for causing a fatality through negligent or criminal operation of any motor vehicle, not just a commercial motor vehicle, and provides for the same disqualification for such offenses committed prior to September 30, 2005.
Under current law, another offense for which a person's first conviction must result in a one-year disqualification is a refusal to take a chemical test to determine whether the person has a prohibited alcohol concentration or a restricted controlled substance in the person's blood if the refusal is subject to the law of this state or of a federally recognized American Indian tribe or of another jurisdiction.
This bill provides that a person is also disqualified for one year if the person takes such a chemical test and tests positive. However, the bill further provides that the one-year period of disqualification must be reduced by any period of suspension, revocation, or disqualification previously served for an alcohol or drug-related operating offense arising out of the same incident or occurrence giving rise to the disqualification.
Under current law, a person must be disqualified from operating a commercial motor vehicle for a period of 60 days upon the person's conviction of using a false name or knowingly making a false statement or concealing material information in an application for a CDL. Also under current law, DOT must cancel a license if DOT determines that the license was issued upon an application that contains a materially false statement or that the person has obtained the license by having another person appear to take an examination for obtaining the license.
This bill requires a person to be disqualified for 60 days if DOT cancels a person's CDL for either of these reasons.
Under current law, DOT must maintain a record of suspension, revocation, cancellation, and disqualification of an operator's license or operating privilege by DOT and must maintain an index of every person whose license or operating privilege has been suspended, revoked, or canceled, or who is disqualified, by DOT and note the reason for the action. Unless a licensee transfers residency to another state, the record of convictions for most disqualifying offenses, including offenses related to chemical testing refusals, must be maintained permanently. However, DOT must purge any record of an administrative suspension upon receipt of a report from the court hearing the action arising out of the same incident or occurrence that the action has been dismissed or the person has been found innocent.
