Under current law, immediately after receiving a report of suspected or threatened child abuse or neglect, a county department of human services or social services (county department) must evaluate the report to determine whether a caregiver of the child is suspected of the abuse or neglect. If a caregiver is suspected of the abuse or neglect, the county department must initiate a diligent investigation to determine whether the child is in need of protection or services. If a person who is not a caregiver is suspected of the abuse or neglect, the county department may initiate such an investigation. If the report is of suspected or threatened child sexual abuse, the county department must refer the report to the sheriff or police department. Within 60 days after receiving a report that it investigates, a county department must determine by a preponderance of the evidence whether abuse or neglect has occurred or is likely to occur. If a county department determines that a specific person has abused or neglected a child, that person may appeal that determination under procedures promulgated by DCF by rule.
This bill requires DCF to establish a pilot program under which a county department may employ alternative responses to a report of suspected or threatened child abuse or neglect. Under the pilot program, immediately after receiving such a report, a county department must, based on an evaluation of the report, respond as follows:
1. If the county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation of the report is otherwise necessary to ensure the safety of the child and his or her family, the county department must investigate the report as provided under current law. The bill defines "substantial abuse or neglect" as abuse or neglect or threatened abuse or neglect that under guidelines developed by DCF under the bill constitutes severe abuse or neglect or a threat of severe abuse or neglect and a significant threat to the safety of a child and his or her family.
2. If the county department determines that there is reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that under the guidelines developed by DCF there is no immediate threat to the safety of the child and his or her family and intervention by the court assigned to exercise jurisdiction under the Children's Code is not necessary, the county department must conduct a comprehensive assessment of the safety of the child and his or her family, the risk of subsequent abuse or neglect, and the strengths and needs of the child's family to determine whether services are needed to address those issues. Based on the assessment, the county department must offer to provide appropriate services to the child's family on a voluntary basis or refer the child's family to a service provider in the community for the provision of those services. If the county department employs the assessment response, the county department is not required as under current law to refer the report to the sheriff or police department or determine by a preponderance of the evidence that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
3. If the county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the county department must refer the child's family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the county department employs the community services response, the county department is not required to conduct an assessment under the bill and is not required as under current law to refer the report to the sheriff or police department or determine by a preponderance of the evidence that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
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. 48.981 (3) (a) 3. of the statutes is amended to read:
48.981 (3) (a) 3. A Except as provided in sub. (3m), a county department, the department, or a licensed child welfare agency under contract with the department shall within 12 hours, exclusive of Saturdays, Sundays, or legal holidays, refer to the sheriff or police department all cases of suspected or threatened abuse, as defined in s. 48.02 (1) (b) to (f), reported to it. For cases of suspected or threatened abuse, as defined in s. 48.02 (1) (a), (am), (g), or (gm), or neglect, each county department, the department, and a licensed child welfare agency under contract with the department shall adopt a written policy specifying the kinds of reports it will routinely report to local law enforcement authorities.
SECTION 2. 48.981 (3) (c) 1. a. of the statutes is amended to read:
48.981 (3) (c) 1. a. Immediately after receiving a report under par. (a), the agency shall evaluate the report to determine whether there is reason to suspect that a caregiver has abused or neglected the child, has threatened the child with abuse or neglect, or has facilitated or failed to take action to prevent the suspected or threatened abuse or neglect of the child. If Except as provided in sub. (3m), if the agency determines that a caregiver is suspected of abuse or neglect or of threatened abuse or neglect of the child, determines that a caregiver is suspected of facilitating or failing to take action to prevent the suspected or threatened abuse or neglect of the child, or cannot determine who abused or neglected the child, within 24 hours after receiving the report the agency shall, in accordance with the authority granted to the department under s. 48.48 (17) (a) 1. or the county department under s. 48.57 (1) (a), initiate a diligent investigation to determine if the child is in need of protection or services. If the agency determines that a person who is not a caregiver is suspected of abuse or of threatened abuse, the agency may, in accordance with that authority, initiate a diligent investigation to determine if the child is in need or protection or services. Within 24 hours after receiving a report under par. (a) of suspected unborn child abuse, the agency, in accordance with that authority, shall initiate a diligent investigation to determine if the unborn child is in need of protection or services. An investigation under this subd. 1. a. shall be conducted in accordance with standards established by the department for conducting child abuse and neglect investigations or unborn child abuse investigations.
SECTION 3. 48.981 (3m) of the statutes is created to read:
48.981 (3m) ALTERNATIVE RESPONSE PILOT PROGRAM. (a) In this subsection, "substantial abuse or neglect" means abuse or neglect or threatened abuse or neglect that under the guidelines developed by the department under par. (b) constitutes severe abuse or neglect or a threat of severe abuse or neglect and a significant threat to the safety of a child and his or her family.
(b) The department shall establish a pilot program under which a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of a county department's plan for involving the community in providing services for a family that is participating in the pilot program and a determination whether a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:
1. Guidelines for determining the appropriate alternative response to a report of abuse or neglect or of threatened abuse or neglect, including guidelines for determining what types of abuse or neglect or threatened abuse or neglect constitute substantial abuse or neglect. The department need not promulgate those guidelines as rules under ch. 227.
2. Training and technical assistance for a county department that is selected to participate in the pilot program.
(c) Immediately after receiving a report under sub. (3) (a), a county department that is participating in the pilot program shall evaluate the report to determine the most appropriate alternative response under subds. 1. to 3. to the report. Based on that evaluation, the county department shall respond to the report as follows:
1. If the county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the county department shall investigate the report as provided in sub. (3). If in conducting that investigation the county department determines that it is not necessary for the safety of the child and his or her family to complete the investigation, the county department may terminate the investigation and conduct an assessment under subd. 2. If the county department terminates an investigation, the county department shall document the reasons for terminating the investigation and notify any law enforcement agency that is cooperating in the investigation.
2. a. If the county department determines that there is reason to suspect that abuse or neglect, other than substantial abuse or neglect, has occurred or is likely to occur, but that under the guidelines developed by the department under par. (b) there is no immediate threat to the safety of the child and his or her family and court intervention is not necessary, the county department shall conduct a comprehensive assessment of the safety of the child and his or her family, the risk of subsequent abuse or neglect, and the strengths and needs of the child's family to determine whether services are needed to address those issues assessed and, based on the assessment, shall offer to provide appropriate services to the child's family on a voluntary basis or refer the child's family to a service provider in the community for the provision of those services.
b. If the county department employs the assessment response under subd. 2. a., the county department is not required to refer the report to the sheriff or police department under sub. (3) (a) 3. or determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child. If in conducting the assessment the county department determines that there is reason to suspect that substantial abuse or neglect has occurred or is likely to occur or that an investigation under sub. (3) is otherwise necessary to ensure the safety of the child and his or her family, the county department shall immediately commence an investigation under sub. (3).
3. If the county department determines that there is no reason to suspect that abuse or neglect has occurred or is likely to occur, the county department shall refer the child's family to a service provider in the community for the provision of appropriate services on a voluntary basis. If the county department employs the community services response under this subdivision, the county department is not required to conduct an assessment under subd. 2., refer the report to the sheriff or police department under sub. (3) (a) 3., or determine by a preponderance of the evidence under sub. (3) (c) 4. that abuse or neglect has occurred or is likely to occur or that a specific person has abused or neglected the child.
(d) The department shall conduct an evaluation of the pilot program and, by July 1, 2012, shall submit a report of that evaluation to the governor and to the appropriate standing committees of the legislature under s. 13.172 (3). The evaluation shall assess the issues encountered in implementing the pilot program and the overall operations of the pilot program, include specific measurements of the effectiveness of the pilot program, and make recommendations to improve that effectiveness. Those specific measurements shall include all of the following:
1. The turnover rate of the county department caseworkers providing services under the pilot program.
2. The number of families referred for each type of response specified in par. (c) 1. to 3.
3. The number of families that accepted, and the number of families that declined to accept, services offered under par. (c) 2. and 3.
4. The effectiveness of the evaluation under par. (c) (intro.) in determining the appropriate response under par. (c) 1. to 3.
5. The impact of the pilot program on the number of out-of-home placements of children by the county departments participating in the pilot program.
6. The availability of services to address the issues of child and family safety, risk of subsequent abuse or neglect, and family strengths and needs in the communities served under the pilot project.
(End)
LRB-1276LRB-1276/8
JTK:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Thornton, BB0316 - State building construction procedures
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: state building construction procedures.
Analysis by the Legislative Reference Bureau
state government
State building program
This bill makes various changes in state building construction procedures.
Currently, with certain exceptions, no state board, agency, officer, department, commission, or body corporate may enter into a construction contract for any state building, structure, or facility if the project involves an estimated cost of more than $150,000, without review and approval of the project by the Building Commission. This bill changes this requirement to apply only to projects having an estimated cost of more than $250,000.
Currently, with certain exceptions, contracts for construction work on state construction projects that cost more than $40,000 must be let by contract to the lowest responsible bidder and must be preceded by public notice and a public bidding process. Wisconsin-based bidders are accorded a preference over bidders whose home governments grant them a preference in making governmental purchases. DOA must attempt to ensure that 5 percent of the total amount expended for construction work in each fiscal year is awarded to minority-owned businesses. With certain exceptions, DOA must take separate bids on each portion of the work that DOA designates. Contractors must be granted certain progress payments while a project is underway. This bill permits the secretary of the Building Commission to waive any of these requirements for any project the cost of which is less than $5,000,000.
Currently, with certain exceptions, contracts for work to be performed on projects that require review and approval by the Building Commission must be let by bid preceded by public notice and must be awarded to the lowest responsible bidder, and are subject to minority-owned business participation goals and certain other requirements. This bill applies these requirements only to projects having an estimated cost of $500,000 or more.
Currently, with certain exceptions, if a project has an estimated cost of more than $40,000, contracts for work to be performed on the project must be let by sealed bid preceded by public notice which must contain specified information and the bids must be opened publicly and must include a bid guarantee. This bill retains the requirement for letting these contracts to the lowest responsible bidder, but applies other specific bidding requirements only to a project that has an estimated cost of more than $100,000.
Currently, when DOA believes that it is in the best interests of the state to contract for certain proprietary articles or materials available from only one source, it may contract for the articles or materials without solicitation of bids or compliance with other statutory requirements after publishing a single notice of its intention to let the contract in the official state newspaper. This bill modifies this procedure to apply to specified proprietary articles or materials regardless of whether they are obtainable from only one source, but requires solicitation of bids when the procedure is used.
Currently, with certain exceptions, a bidder on a contract for a state project need not submit with its bid a list of the subcontractors to be used on the project, but DOA may require a list of the subcontractors to be submitted before the contract is awarded. This bill permits DOA to require each bidder on a state project to submit with its bid a list of its subcontractors to be used on the project.
Currently, with certain exceptions, if a contract for a state project or a change order to such a contract involves an expenditure of more than $60,000, the contract is subject to the governor's approval, but the governor may delegate his or her authority to approve a contract or change order involving an expenditure of less than $150,000 to the secretary of administration or the secretary's designee. This bill permits the governor to delegate his or her authority to approve a contract or change order involving an expenditure of any amount to the secretary of administration or the secretary's designee.
Currently, with certain exceptions, DOA has the responsibility to take charge of and supervise all engineering and architectural services for state projects. This bill provides that, with certain exceptions, for the purpose of selection of an appropriate engineer or architect for each state project, DOA shall appoint one or more selection committees. The bill also requires that for each project having an estimated cost of $5,000,000 or more, the selection committee shall interview each candidate for appointment as an engineer or architect, except that the secretary of administration or the secretary to the Building Commission may waive this requirement when he or she determines that is in the best interests of the state to do so.
Currently, the governor, upon approval of the Building Commission, must authorize expenditure of moneys for planning and design of state building projects. The governor may transfer moneys from the appropriation in the state building trust fund for planning and design to other appropriations in the building trust fund. This bill directs the Building Commission to authorize expenditure of moneys for planning and design of state building projects. The bill also permits the Building Commission to transfer moneys from the appropriation in the building trust fund for planning and design of state building projects to other appropriations in the building trust fund.
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. 13.48 (2) (a) of the statutes is amended to read:
13.48 (2) (a) There is created a building commission consisting of the governor, who shall serve as chairperson, and 3 senators and 3 representatives to the assembly appointed as are the members of standing committees in their respective houses. The 2 major political parties shall be represented in the membership from each house. One legislator from each house shall be a member of the state supported programs study and advisory committee created by s. 13.47. One citizen member shall be appointed by the governor to serve at the governor's pleasure. The secretary, head of the engineering function, and ranking architect of the department of administration shall be nonvoting advisory members. The secretary of administration shall designate an employee of the department of administration to serve as secretary to the building commission. The building commission shall bear a title beginning with the words "State of Wisconsin". The members shall be liable only for misconduct. Nonlegislator members of the building commission shall be reimbursed for actual and necessary expenses, incurred as members of the building commission, from the appropriation under s. 20.505.
SECTION 2. 13.48 (10) (a) of the statutes is amended to read:
13.48 (10) (a) No state board, agency, officer, department, commission or body corporate may enter into a contract for the construction, reconstruction, remodeling of or addition to any building, structure, or facility, in connection with any building project which involves a cost in excess of $150,000 $250,000 without completion of final plans and arrangement for supervision of construction and prior approval by the building commission. The building commission may not approve a contract for the construction, reconstruction, renovation or remodeling of or an addition to a state building as defined in s. 44.51 (2) unless it determines that s. 44.57 has been complied with or does not apply. This section applies to the department of transportation only in respect to buildings, structures and facilities to be used for administrative or operating functions, including buildings, land and equipment to be used for the motor vehicle emission inspection and maintenance program under s. 110.20.
SECTION 3. 13.48 (19m) of the statutes is created to read:
13.48 (19m) WAIVER OF CONSTRUCTION PROJECT CONTRACT REQUIREMENTS. The secretary of the building commission may waive compliance with any requirement under s. 16.855 for any project the estimated cost of which is less than $5,000,000.
SECTION 4. 13.48 (29) of the statutes is amended to read:
13.48 (29) SMALL PROJECTS. Except as otherwise required under s. 16.855 (10m), the building commission may prescribe simplified policies and procedures to be used in lieu of the procedures provided in s. 16.855 for any project that does not require prior approval of the building commission under sub. (10) (a) having an estimated cost that does not exceed $500,000.
SECTION 5. 16.85 (1) of the statutes is amended to read:
16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of commerce, department of revenue, public service commission, department of health services and other departments, boards and commissions when the service is not related to the maintenance, and construction and planning of the physical properties of the state. For the purpose of selection of an appropriate engineer or architect for each construction project under the department's supervision, except an emergency project approved under s. 16.855 (16) (b) 2., the secretary shall appoint one or more selection committees. If the estimated cost of a project is $5,000,000 or more, the selection committee shall interview each candidate for appointment as an engineer or architect for the project, except that the secretary of administration or the secretary to the building commission may waive this requirement when he or she determines that it is in the best interests of the state to do so. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employees.
SECTION 6. 16.855 (2) (intro.) of the statutes is amended to read:
16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $40,000 $100,000, or if less and in the best interest of the state, the department shall:
SECTION 7. 16.855 (10) of the statutes is amended to read:
16.855 (10) When the department believes that it is in the best interests of the state to contract for certain specified proprietary articles or materials available from only one source, it may contract for said articles or materials without upon solicitation of bids apart from the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.
SECTION 8. 16.855 (13) (a) of the statutes is amended to read:
16.855 (13) (a) A The department may require each person who submits a bid to provide a list of the subcontractors shall not be required to be submitted for work to be performed with the its bid. The department may also require the each prime contractor to submit in writing the names of prospective subcontractors for the department's approval before the award of a contract to the prime contractor.
SECTION 9. 16.855 (22) of the statutes is amended to read:
16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project is at least $40,000 $100,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.
SECTION 10. 16.87 (3) of the statutes is amended to read:
16.87 (3) Except as provided in sub. (4) and this subsection, a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant and, if the contract involves an expenditure over $60,000, approved by the governor. The governor may delegate the authority to approve any contract requiring his or her approval under this subsection that involves an expenditure of less than $150,000 to the secretary or the secretary's designee. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designated assistant and, if the change order involves an expenditure over $60,000, the approval of the governor or, if, unless the governor delegates his or her authority to approve contracts under this subsection and the change order involves an expenditure of less than $150,000, the approval of to the secretary or the secretary's designee.
SECTION 11. 20.867 (2) (r) of the statutes is amended to read:
20.867 (2) (r) Planning and design. As a continuing appropriation from the building trust fund, any moneys allocated by the building commission for advance planning and all moneys received as reimbursement for building trust fund advances made for planning and design under this paragraph. The governor, upon the approval of the building commission, shall authorize the release of funds from this appropriation for advance planning, preliminary studies and design and. The building commission may transfer funds from this appropriation to other accounts within the building trust fund.
SECTION 9301. Initial applicability; Administration.
(1) STATE BUILDING CONSTRUCTION PROCEDURES. The treatment of sections 13.48 (19m), 16.85 (1), 16.855 (2) (intro.), (10), (13) (a), and (22), and 16.87 (3) of the statutes first applies with respect to contracts and change orders for services or construction work entered into on the effective date of this subsection.
SECTION 9306. Initial applicability; Building Commission.
(1) APPROVAL OF PROJECTS; CONTRACTING PROCEDURES. The treatment of section 13.48 (10) (a) and (29) of the statutes first applies with respect to contracts entered into on the effective date of this subsection.
(End)
LRB-1280LRB-1280/3
MES/RCT/JK:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0315 - Individual income and corporate income and franchise tax credit for landowners and beginning farmers
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
This bill creates a refundable individual income tax credit for a beginning farmer who enters into at least a three year lease of an established farmer's agricultural assets, other than land, and uses the assets for farming, and a refundable individual and corporate income and franchise tax credit for the established farmer whose assets are leased. Because the credit is refundable, if the amount of credit due a claimant exceeds the claimant's tax liability, the excess amount of the credit is refunded to the claimant by check. The credit first applies to taxable years beginning on January 1, 2011.
A beginning farmer may claim a credit of up to $500 on a one-time basis for the cost to enroll in a course in farm financial management that is offered by an educational institution, such as the University of Wisconsin-Madison, the University of Wisconsin-Extension, or the Wisconsin Technical College System. An established farmer may claim a credit of 15 percent of the amount of payments that the established farmer receives each year from the beginning farmer for the lease of the farm assets, except that the credit may only be claimed by the established farmer for the first three years of the lease.
To be a beginning farmer, an individual must have a net worth of less than $200,000 and have farmed for fewer than ten years out of the preceding 15 years. To be an established farmer, person must have engaged in farming for at least ten years. A beginning farmer and an established farmer must apply to DATCP and obtain a certificate of eligibility in order to receive the tax credit. A beginning farmer must submit a business plan as part of the application. DATCP may not issue a certificate of eligibility unless the application shows that the beginning farmer has the resources and education, training, or experience for the type of farming in which the beginning farmer uses the experienced farmer's assets.
Under current law, a health care provider may claim an income and franchise tax credit for an amount equal to 50 percent of the amount the provider paid in the taxable year for information technology hardware or software that is used to maintain medical records in electronic form. This bill allows a taxpayer to claim the credit against the alternative minimum tax.
Under current law, a person may claim an income and franchise tax credit for an amount equal to 25 percent of the amount the person paid in the taxable year to install or retrofit pumps that dispense motor vehicle fuel consisting of at least 85 percent ethanol or at least 20 percent biodiesel fuel. Under the bill, a taxpayer may claim the credit against the alternative minimum tax.
