AB262: Bill Text

2005 Assembly BILL 262

March 18, 2005 - Introduced by Representatives Kestell and Seidel, cosponsored by Senators Olsen and Miller. Referred to Committee on Children and Families.

AB262,2,4 An Act to repeal 25.67 (2) (a) 2., 48.982 (6) (f), 48.982 (7) (a), 48.982 (7) (b), 48.982 (7) (c), 48.982 (7) (e), 48.982 (7) (f), 48.982 (7) (fg) and 48.982 (7) (g); to renumber and amend 48.982 (2e) (a) and 48.982 (2e) (b); to consolidate, renumber and amend 25.67 (2) (a) (intro.) and 1.; to amend 15.195 (4) (intro.), 15.195 (4) (g), 20.433 (1) (g), 20.433 (1) (h), 20.433 (1) (m), 20.433 (1) (ma), 20.433 (1) (q), 25.40 (1) (a) 16., 48.982 (1) (b), 48.982 (2) (a), 48.982 (2) (c), 48.982 (2) (d), 48.982 (2) (g) 1., 48.982 (2) (g) 2., 48.982 (2) (g) 4., 48.982 (2) (gm), 48.982 (2e) (c), 48.982 (2e) (e), 48.982 (2m) (intro.), 48.982 (2m) (a), 48.982 (4) (title), 48.982 (4) (a), 48.982 (4) (b) 1., 48.982 (4) (b) 2., 48.982 (4) (c), 48.982 (4) (d) (intro.), 48.982 (4) (d) 2., 48.982 (4) (e), 48.982 (5), 48.982 (6) (title), 48.982 (6) (a), 48.982 (6) (am), 48.982 (6) (b), 48.982 (6) (c), 48.982 (6) (d), 48.982 (7) (d) (intro.), 48.982 (7) (d) 1., 48.982 (7) (d) 2., 48.982 (7) (d) 3., 48.982 (7) (d) 4., 48.982 (7) (h) and 341.14 (6r) (b) 6.; to repeal and recreate 48.982 (7) (title); and to create 15.195 (4) (dg), 15.195 (4) (dr), 20.395 (1) (ih), 48.982 (2e) (a) 2., 48.982 (2e) (a) 4., 48.982 (2e) (a) 5., 48.982 (2e) (am) and 48.982 (2m) (am) of the statutes; relating to: a nonstock, nonprofit corporation organized by the Child Abuse and Neglect Prevention Board, the membership of that board, the grant programs administered by that board, and making appropriations.

Analysis by the Legislative Reference Bureau

Introduction

Under current law, the Child Abuse and Neglect Prevention Board (CANPB), conducts certain activities relating to the prevention of child abuse and neglect. Those activities include awarding grants for child abuse and neglect prevention programs, early childhood family education centers, and right from the start projects; recommending policy changes to reduce the problems of child abuse and neglect; and developing public awareness of the problems of child abuse and neglect. Currently, the activities of the CANPB are funded by federal funds, moneys received from the sale of duplicate birth certificates, and moneys from the children's trust fund, which consists of contributions, grants, gifts, and bequests received for the fund and moneys received from the sale of "Celebrate Children" license plates. This bill makes various changes relating to a nonstock, nonprofit corporation organized by the CANPB, the membership of the CANPB, and the grant programs administered by the CANPB.

Nonstock, nonprofit corporation

Current law authorizes the CANPB to organize a nonstock, nonprofit corporation that is exempt from federal and state taxation for the purpose of soliciting and accepting tax-deductible contributions, grants, gifts, and bequests for the children's trust fund. The corporation is governed by a board of directors consisting of five members, including the chairperson of the CANPB and four members of the CANPB, elected by the CANPB, of which one must be a legislator. The corporation may not employ staff, but rather receives administrative services from the CANPB as determined by the CANPB.

This bill expands the purposes of the corporation organized by the CANPB to include not only soliciting and accepting contributions, grants, gifts, and bequests for the children's trust fund but also administering any programs that the CANPB contracts with the corporation to administer. The bill also permits the corporation, in addition to depositing those contributions, grants, gifts, and bequests into the children's trust fund, to deposit those contributions, grants, gifts, and bequests into a fund that the corporation must establish and maintain under the bill and to use those moneys for the authorized purposes of the corporation or to pay for the operating costs of the corporation or to permit those contributions, grants, gifts, and bequests to accumulate indefinitely. In addition, the bill requires the Department of Transportation to deposit moneys received from the sale of "Celebrate Children" license plates into the fund established by the corporation, rather than into the children's trust fund, and requires the secretary of administration to transfer the unencumbered balance in the children's trust fund that is derived from the sale of those license plates to the fund established by the corporation, where those moneys must be permitted to accumulate indefinitely. Under the bill, the corporation must annually submit to the CANPB for its approval a budget specifying how the corporation intends to allocate its moneys. The budget must specify the amount of contributions, grants, gifts, and bequests accepted by the corporation that will be deposited into the children's trust fund and the amount of those contributions, grants, gifts, and bequests that will be deposited into the fund of the corporation and, of the amounts deposited into that fund, the amounts that will be allocated for each of the corporation's purposes or that will be permitted to accumulate indefinitely.

In addition, the bill authorizes the CANPB to award, from the children's trust fund, a grant of not more than $100,000 in each of fiscal years 2005-06 and 2006-07 to the corporation and requires the corporation to use the grant moneys awarded for the corporation's authorized purposes. The bill also adds four members, elected by the CANPB, to the board of directors of the corporation and eliminates the requirement that one member of the board of directors of the corporation be a legislator. Finally, the bill permits the corporation to employ staff to perform administrative services for the corporation.

Membership of CANPB

Under current law, the CANPB consists of 16 members including the governor, the attorney general, the secretary of health and family services, the state superintendent of public instruction, one majority party and one minority party member of each house of the legislature, and eight public members, six of whom must be appointed on the basis of expertise, experience, and interest in the prevention of child abuse and neglect or on the basis of expertise or experience in intervention in cases of child abuse and neglect, one of whom must be an adult who was the victim of abuse or neglect as a child, and one of whom must be a parent who formerly abused or neglected his or her child.

This bill adds the secretary of corrections, the secretary of workforce development, and two additional public members to the CANPB. The bill also eliminates the requirements that one public member be an adult who was the victim of abuse or neglect as a child and that one public member be a parent who formerly abused or neglected his or her child and instead requires that all public members be appointed on the basis of expertise, experience, leadership, or advocacy in the prevention of abuse or neglect.

Grant programs administered by CANPB

Under current law, the CANPB awards grants to organizations for child abuse and neglect prevention programs that promote public awareness of the need for child abuse and neglect prevention and that provide community-based education and services for parents, children, and families; early childhood family education centers that provide parenting education and referrals to other social services programs; and right from the start projects that provide outreach services to the parents of newborn infants.

This bill eliminates grants for right from the start projects and changes the term "early childhood family education center" to "family resource center." The bill also permits the CANPB to provide technical assistance to an organization to which the CANPB awards a grant, eliminates a cap of $30,000 on the amount that may be awarded for a prevention program, increases from $75,000 to not more than $150,000 the amount allocated in each fiscal year for family resource center grants in Milwaukee County, permits duplicate birth certificate moneys to be expended for statewide projects, and permits the CANPB to provide child abuse and neglect information and services on a statewide basis.

In addition, the bill requires an organization that applies for a grant from the CANPB to include proof in its grant application that the organization has the cultural competency — which is defined as the ability to understand and act respectfully toward the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures — to provide services to persons and families in the various cultures in the organization's target population and has the ability to maximize the coordination of services and minimize the duplication of services by coordinating with other organizations, to provide programs that identify and build on a family's strengths to encourage the development of a healthy family, to provide culturally competent services, and to provide community-based services through its program.

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:

AB262, s. 1 Section 1. 15.195 (4) (intro.) of the statutes is amended to read:

AB262,4,5 15.195 (4) Child abuse and neglect prevention board. (intro.) There is created a child abuse and neglect prevention board which is attached to the department of health and family services under s. 15.03. The board shall consist of 16 20 members as follows:

AB262, s. 2 Section 2. 15.195 (4) (dg) of the statutes is created to read:

AB262,4,7 15.195 (4) (dg) The secretary of corrections or his or her designee.

AB262, s. 3 Section 3. 15.195 (4) (dr) of the statutes is created to read:

AB262,4,9 15.195 (4) (dr) The secretary of workforce development or his or her designee.

AB262, s. 4 Section 4. 15.195 (4) (g) of the statutes is amended to read:

AB262,5,9 15.195 (4) (g) Eight Ten public members appointed by the governor for staggered 3-year terms. Six of the The public members shall be appointed on the basis of expertise, experience and interest, leadership, or advocacy in the prevention of child abuse and neglect or expertise and experience in intervention in cases of child abuse and neglect. One public member shall be an adult who was a victim of abuse or neglect as a child. One public member shall be a parent who formerly abused or neglected one or more of his or her children and who has received treatment or advice from an organization that provides child abuse and neglect prevention and intervention services.

AB262, s. 5 Section 5. 20.395 (1) (ih) of the statutes is created to read:

AB262,5,13 20.395 (1) (ih) Child abuse and neglect prevention, state funds. From the general fund, all moneys received under s. 341.14 (6r) (b) 6., for the purpose of making deposits to the fund established under s. 48.982 (2e) (a) 2.

AB262, s. 6 Section 6. 20.433 (1) (g) of the statutes is amended to read:

AB262,5,22 20.433 (1) (g) General program operations. From all moneys received under s. 69.22 (1m), the amounts in the schedule to be used for the expenses of the child abuse and neglect prevention board under s. 48.982 (2) and (3), for statewide projects under s. 48.982 (5), for the general program operations of the early childhood family education family resource center grant program under s. 48.982 (6) and the right from the start program under s. 48.982 (7) and for technical assistance to right from the start grant recipients under s. 48.982 (7) (a), and for technical assistance to organizations under s. 48.982 (4) and (6).

AB262, s. 7 Section 7. 20.433 (1) (h) of the statutes is amended to read:

AB262,6,3 20.433 (1) (h) Grants to organizations. All moneys received under s. 69.22 (1m), less the amounts appropriated under par. (g), to be used for grants to organizations under s. 48.982 (4), and (6) and (7).

AB262, s. 8 Section 8. 20.433 (1) (m) of the statutes is amended to read:

AB262,6,8 20.433 (1) (m) Federal project operations. All moneys received from the federal government for technical assistance to organizations under s. 48.982 (4) and (6) and for the state administration of specific limited term projects , to be expended for the purposes specified.

AB262, s. 9 Section 9. 20.433 (1) (ma) of the statutes is amended to read:

AB262,6,13 20.433 (1) (ma) Federal project aids. All moneys received from the federal government for early childhood family education family resource center grants under s. 48.982 (6) (a), and for specific limited term projects, to be expended as aids to individuals or organizations for the purposes specified.

AB262, s. 10 Section 10. 20.433 (1) (q) of the statutes is amended to read:

AB262,6,19 20.433 (1) (q) Children's trust fund; gifts and grants. From the children's trust fund, all moneys received as contributions, grants, gifts, and bequests for that trust fund under s. 48.982 (2) (d) or (2e) (a), other than moneys received under s. 341.14 (6r) (b) 6., and all interest earned on moneys received under s. 341.14 (6r) (b) 6., 3., to carry out the purposes for which made and received under s. 48.982 (2m).

AB262, s. 11 Section 11. 25.40 (1) (a) 16. of the statutes is amended to read:

AB262,6,22 25.40 (1) (a) 16. Moneys received under s. 341.14 (6r) (b) 6. that are deposited in the children's trust fund established under s. 48.982 (2e) (a) 2.

AB262, s. 12 Section 12. 25.67 (2) (a) (intro.) and 1. of the statutes are consolidated, renumbered 25.67 (2) (a) and amended to read:

AB262,7,2 25.67 (2) (a) The fund shall consist of the following: 1. Moneys all moneys received for the fund under s. 48.982 (2) (d) or (2e) (a) 3.

AB262, s. 13 Section 13. 25.67 (2) (a) 2. of the statutes is repealed.

AB262, s. 14 Section 14. 48.982 (1) (b) of the statutes is amended to read:

AB262,7,6 48.982 (1) (b) "Board" means the child abuse and neglect prevention board created under s. 15.195 (4).

AB262, s. 15 Section 15. 48.982 (2) (a) of the statutes is amended to read:

AB262,7,17 48.982 (2) (a) Biennially, develop and transmit to the governor and the presiding officer of each house of the legislature a plan for awarding grants and providing technical assistance to organizations and for providing child abuse and neglect prevention information and services on a statewide basis. The plan shall assure that there is an equal opportunity for the establishment of child abuse and neglect prevention programs, early childhood family education centers and right from the start projects and family resource centers. The plan shall also ensure that the grants will be distributed throughout all geographic areas of the state and in both urban and rural communities. For grants provided under sub. (6), the plan shall also ensure that the grants are distributed based on population.

AB262, s. 16 Section 16. 48.982 (2) (c) of the statutes is amended to read:

AB262,7,21 48.982 (2) (c) Review and approve or disapprove grant applications and monitor the services provided under each grant awarded under subs. (4), and (6) and (7).

AB262, s. 17 Section 17. 48.982 (2) (d) of the statutes is amended to read:

AB262,8,3 48.982 (2) (d) Solicit and accept contributions, grants, gifts, and bequests for the children's trust fund or for any other purpose for which a contribution, grant, gift, or bequest is made and received. Moneys received under this paragraph , other than moneys received under s. 341.14 (6r) (b) 6., may be credited to the appropriation accounts under s. 20.433 (1) (i) or (q). Interest earned on moneys received under s. 341.14 (6r) (b) 6. may be credited to the appropriation account under s. 20.433 (1) (q).

AB262, s. 18 Section 18. 48.982 (2) (g) 1. of the statutes is amended to read:

AB262,8,11 48.982 (2) (g) 1. Recommend to the governor, the legislature, and state agencies changes needed in state programs, statutes, policies, budgets, and rules to reduce the problems of child abuse and neglect, improve coordination among state agencies that provide prevention services and improve the condition of children and persons responsible for children who are in need of prevention program services , promote individual, family, and community strengths, build parenting skills, and provide community support for children and families.

AB262, s. 19 Section 19. 48.982 (2) (g) 2. of the statutes is amended to read:

AB262,8,15 48.982 (2) (g) 2. Promote statewide educational and public informational seminars awareness campaigns and materials for the purpose of developing public awareness of the problems of child abuse and neglect.

AB262, s. 20 Section 20. 48.982 (2) (g) 4. of the statutes is amended to read:

AB262,8,19 48.982 (2) (g) 4. Disseminate information about the problems of and methods of preventing child abuse and neglect to the public and to organizations concerned with those problems.

AB262, s. 21 Section 21. 48.982 (2) (gm) of the statutes is amended to read:

AB262,8,24 48.982 (2) (gm) Provide, for use by the board in its statewide projects under sub. (5) and for use by organizations that receive grants under subs. (4) , and (6) and (7), educational and public informational awareness materials and programming that emphasize the role of fathers in the primary prevention of child abuse and neglect.

AB262, s. 22 Section 22. 48.982 (2e) (a) of the statutes is renumbered 48.982 (2e) (a) 1. and amended to read:

AB262,9,9 48.982 (2e) (a) 1. The board may organize and maintain a nonstock, nonprofit corporation under ch. 181 for the exclusive purpose purposes, subject to the approval of the board under par. (b) 1., of soliciting and accepting contributions, grants, gifts, and bequests for deposit into the children's trust fund. Any or into the fund maintained by the corporation under subd. 2. and of administering any statewide project under sub. (5) or any other program, including the grant programs under subs. (4) and (6), that the board contracts with the corporation to administer.

AB262,9,14 3. In accordance with the wishes of the donor, any contributions, grants, gifts, or bequests accepted by the corporation shall be that are deposited in the children's trust fund and, in accordance with the wishes of the donor, shall be used for any of the purposes specified in sub. (2m) or shall continue to accumulate in the children's trust fund pursuant to s. 25.67 (2).

AB262, s. 23 Section 23. 48.982 (2e) (a) 2. of the statutes is created to read:

AB262,9,23 48.982 (2e) (a) 2. The corporation shall establish and maintain a fund into which the corporation shall deposit all contributions, grants, gifts, and bequests accepted by the corporation under subd. 1. that are not deposited into the children's trust fund, all moneys received under s. 341.14 (6r) (b) 6., all grant moneys received under par. (am), and all moneys transferred from the children's trust fund under 2005 Wisconsin Act .... (this act), section 64 (1). The corporation shall also credit to the fund all interest earned on the moneys deposited into the fund and may use that interest for the purposes specified in subd. 4.

AB262, s. 24 Section 24. 48.982 (2e) (a) 4. of the statutes is created to read:

AB262,10,9 48.982 (2e) (a) 4. In accordance with the wishes of the donor and subject to the approval of the board under par. (b) 1., any contributions, grants, gifts, or bequests accepted by the corporation that are deposited into the fund under subd. 2. shall be used to encourage donors to make contributions, grants, gifts, and bequests to the corporation for deposit into the children's trust fund or into the fund under subd. 2., to fund statewide projects under sub. (5) or any other program, including any of the grant programs under subs. (4) and (6), that the board contracts with the corporation to administer, or to pay for the actual and necessary operating costs of the corporation or shall continue to accumulate indefinitely.

AB262, s. 25 Section 25. 48.982 (2e) (a) 5. of the statutes is created to read:

AB262,10,14 48.982 (2e) (a) 5. All moneys received under s. 341.14 (6r) (b) 6. and all moneys transferred from the children's trust fund under 2005 Wisconsin Act .... (this act), section 64 (1), that are deposited into the fund under subd. 2. shall continue to accumulate indefinitely in the fund.

AB262, s. 26 Section 26. 48.982 (2e) (am) of the statutes is created to read:

AB262,10,19 48.982 (2e) (am) From the appropriation under s. 20.433 (1) (q), the board may award a grant of not more than $100,000 in each of fiscal years 2005-06 and 2006-07 to the corporation organized and maintained under par. (a) 1. The corporation shall use the grant moneys awarded for the purposes specified in par. (a) 4.

AB262, s. 27 Section 27. 48.982 (2e) (b) of the statutes is renumbered 48.982 (2e) (b) 1. and amended to read:

AB262,11,9 48.982 (2e) (b) 1. The Annually, the corporation organized and maintained under par. (a) 1. shall submit to the board for the approval of the board a budget specifying how the corporation intends to allocate the contributions, grants, gifts, and bequests accepted by the corporation and all other moneys of the corporation. The budget shall specify the amount of contributions, grants, gifts, and bequests that will be deposited into the children's trust fund and the amount of contributions, grants, gifts, and bequests that will be deposited into the fund maintained by the corporation under par. (a) 2. Of the amounts deposited into the fund under par. (a) 2., the budget shall specify the amounts that will be allocated for each of the purposes specified in par. (a) 4. or that will be permitted to accumulate indefinitely. On approval of the board, the board shall enter into a contract with any the corporation organized and maintained under par. (a) specifying the allocations approved by the board.

AB262,11,17 2. The contract shall provide that the board may make use may also provide for the use by the board of the services of the corporation and that the board may provide for the provision by the board of administrative services to the corporation. The type and scope of any administrative services provided by the board to the corporation and the board employees assigned to perform the services shall be determined by the board. The corporation may neither also employ staff nor to perform administrative services for the corporation. The corporation may not engage in political activities.

AB262, s. 28 Section 28. 48.982 (2e) (c) of the statutes is amended to read:

AB262,11,22 48.982 (2e) (c) The corporation under par. (a) 1. shall donate any real property to the state within 5 years after acquiring the property unless holding the property for more than 5 years is consistent with sound business and financial practices and is approved by the joint committee on finance.

AB262, s. 29 Section 29. 48.982 (2e) (e) of the statutes is amended to read:

AB262,12,3 48.982 (2e) (e) The board of directors of any corporation established under this subsection shall consist of 5 9 members, including the chairperson of the board and 4 members of the board, elected by the board, of which one shall be a legislator. No 2 members of the board of directors may be from the same category of board members under s. 15.195 (4) (a) to (g).

AB262, s. 30 Section 30. 48.982 (2m) (intro.) of the statutes is amended to read:

AB262,12,8 48.982 (2m) Donation uses. (intro.) If money is accepted by the board for the children's trust fund or for any other purpose under sub. (2) (d) or (2e) (a) 3. and appropriated under s. 20.433 (1) (q), the board shall use the money in accordance with the wishes of the donor to do any of the following:

AB262, s. 31 Section 31. 48.982 (2m) (a) of the statutes is amended to read:

AB262,12,12 48.982 (2m) (a) Award grants and provide technical assistance to organizations under subs. (4), and (6) and (7) and provide child abuse and neglect prevention information and services on a statewide basis.

AB262, s. 32 Section 32. 48.982 (2m) (am) of the statutes is created to read:

AB262,12,15 48.982 (2m) (am) Award grants under sub. (2e) (am) to the corporation organized and maintained under sub. (2e) (a) 1.

AB262, s. 33 Section 33. 48.982 (4) (title) of the statutes is amended to read: