AB150: Bill Text

****Note: This is reconciled s. 46.40 (2). This Section has been affected by drafts with the following LRB numbers: -2106/2 and -2153/1.

AB150, s. 2282 Section 2282. 46.40 (2m) of the statutes is created to read:

AB150,889,6 46.40 (2m) Categorical community aids allocations. (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,037,600 in fiscal year 1995-96 and not more than $11,235,600 in fiscal year 1996-97.

AB150,889,10 (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $3,540,400 in fiscal year 1995-96 and not more than $3,540,400 in fiscal year 1996-97.

AB150,889,13 (c) Child care services. For child care services under 42 USC 603 (n) and 42 USC 9858, the department shall distribute not more than $15,828,000 in fiscal year 1995-96 and not more than $15,928,700 in fiscal year 1996-97.

AB150, s. 2283 Section 2283. 46.40 (3) (a) of the statutes is repealed.

AB150, s. 2284 Section 2284. 46.40 (3) (b) 1. of the statutes is repealed.

****Note: This is reconciled s. 46.40 (3) (b) 1. This Section has been affected by drafts with the following LRB numbers: -0744/4 and -2106/2.

AB150, s. 2285 Section 2285. 46.40 (3) (b) 2. of the statutes is repealed.

****Note: This is reconciled s. 46.40 (3) (b) 2. This Section has been affected by drafts with the following LRB numbers: -2106/2 and -2402/1.

AB150, s. 2286 Section 2286. 46.40 (3) (b) 3. of the statutes, as created by 1993 Wisconsin Act 446, is renumbered 46.40 (1) (b) and amended to read:

AB150,889,22 46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under sub. (1) par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families.

AB150, s. 2287 Section 2287. 46.40 (3m) of the statutes is repealed.

AB150, s. 2288 Section 2288. 46.40 (4) of the statutes is repealed.

****Note: This is reconciled s. 46.40 (4). This Section has been affected by drafts with the following LRB numbers: -2106/2, -2153/1 and -2402/1.

AB150, s. 2289 Section 2289. 46.40 (4m) of the statutes is created to read:

AB150,890,9 46.40 (4m) County community aids budgets. Before October 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.442 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section. The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

AB150, s. 2290 Section 2290. 46.40 (5) of the statutes is repealed.

AB150, s. 2291 Section 2291. 46.40 (6) of the statutes is repealed.

AB150, s. 2292 Section 2292. 46.40 (7) of the statutes is repealed.

AB150, s. 2293 Section 2293. 46.40 (8) of the statutes is repealed.

AB150, s. 2294 Section 2294. 46.40 (9) of the statutes is repealed.

AB150, s. 2295 Section 2295. 46.40 (10) of the statutes is repealed.

AB150, s. 2296 Section 2296. 46.40 (12) of the statutes is repealed.

AB150, s. 2297 Section 2297. 46.45 (intro.) of the statutes is amended to read:

AB150,891,2 46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) 46.495 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

AB150, s. 2298 Section 2298. 46.45 (1) of the statutes is amended to read:

AB150,891,5 46.45 (1) The department shall carry forward funds allocated for child care under s. 46.98 (2) (a) as provided under s. 20.435 (6) (3) (jg) and (n).

AB150, s. 2299 Section 2299. 46.45 (3) (a) of the statutes is amended to read:

AB150,892,2 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body or nonprofit organization for a calendar year, except for funds allocated for child care under s. 46.98 (2) (a), for use by the county, tribal governing body or nonprofit organization in the following calendar year. The department may not carry forward more than 25% of the amount distributed to a county, tribal governing body or nonprofit organization for any allocation under s. 46.40 (3) (a), (3m) and (5) to (12). The department may permit a county department or nonprofit organization to carry forward amounts allocated under s. 46.40 (4) (a) for child care services under s. 46.98 (3), as provided in s. 46.40 (4) (b). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, federal alcohol, drug abuse and mental health block grant funds under 42 USC 300x to 300x-9 and all child care funds under s. 46.98 (2) (a) and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other funds carried forward may be used for any purpose under s. 20.435 (7) (b). If a county match was required by s. 49.52 (1) (d) or 51.423 (2) when funds carried forward were originally distributed, the county match requirement applies to the funds in the following calendar year.

****Note: This is reconciled s. 46.45 (3) (a). This Section has been affected by drafts with the following LRB numbers: -0744/4, -2106/2 and -2153/1.

AB150, s. 2300 Section 2300. 46.47 (1) of the statutes is renumbered 46.47 and amended to read:

AB150,892,11 46.47 Community aids performance standards. The department, with the assistance of representatives from counties and human services advocates, after consultation with the department of administration and with county departments under ss. 46.215, 46.22, 46.23, 51.442 and 51.437, shall develop performance standards for mental health and juvenile justice services funded by community aids funds allocated under s. 46.40. The department shall implement the performance standards no later than July 1, 1996.

AB150, s. 2301 Section 2301. 46.47 (2) of the statutes is repealed.

AB150, s. 2302 Section 2302. 46.48 (13) of the statutes is amended to read:

AB150,892,18 46.48 (13) Supported employment opportunities. The department shall distribute not more than $30,000 in the last 6 months of 1993, not more than $60,000 for 1994 and not more than $30,000 for the first 6 months of 1995 in each fiscal year for programs to provide supported employment opportunities for severely disabled persons.

AB150, s. 2303 Section 2303. 46.48 (14) of the statutes is amended to read:

AB150,892,23 46.48 (14) Epilepsy services grants. The department shall distribute not more than $75,000 for the last 6 months of 1993, not more than $150,000 for 1994 and not more than $75,000 for the first 6 months of 1995 in each fiscal year for grants under s. 46.57 for services to persons with epilepsy.

AB150, s. 2304 Section 2304. 46.48 (16) (b) of the statutes is created to read:

AB150,893,5 46.48 (16) (b) In addition to the amounts distributed under par. (a), if the department receives any federal moneys under 45 CFR 1356.60 to match the expenditure of funds under par. (a), the department shall distributed those moneys for the purposes specified in par. (a).

AB150, s. 2305 Section 2305. 46.48 (17) of the statutes is created to read:

AB150,893,9 46.48 (17) Alcohol and other drug abuse treatment and prevention for minority group members. (a) In this subsection, "minority group member" means any of the following:

AB150,893,10 1. A Black.

AB150,893,11 2. A Hispanic.

AB150,893,12 3. An American Indian.

AB150,893,13 4. An Eskimo.

AB150,893,14 5. An Aleut.

AB150,893,15 6. A native Hawaiian.

AB150,893,16 7. An Asian-Indian.

AB150,893,17 8. A person of Asian-Pacific origin.

AB150,893,20 (b) The department shall distribute not more than $858,200 in each fiscal year for programs to provide alcohol and other drug abuse treatment and education to minority group members.

AB150, s. 2306 Section 2306. 46.485 (1) of the statutes is amended to read:

AB150,893,22 46.485 (1) In this section, "severely :

AB150,893,24 (d) "Severely emotionally disturbed child" has the meaning given in s. 49.45 (25) (a).

AB150, s. 2307 Section 2307. 46.485 (1) (a) to (c) of the statutes are created to read:

AB150,894,1 46.485 (1) (a) "Inpatient facility" has the meaning given in s. 51.01 (10).

AB150,894,3 (b) "Limited service health organization" has the meaning given in s. 609.01 (3).

AB150,894,5 (c) "Serious emotional disturbance" has the meaning given in 42 USC 290ff-4 (d) (4).

AB150, s. 2308 Section 2308. 46.485 (2) of the statutes is repealed.

AB150, s. 2309 Section 2309. 46.485 (2g) of the statutes is created to read:

AB150,894,11 46.485 (2g) From the appropriation under s. 20.435 (1) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (kb) for distribution under this section to applying counties in this state that meet all of the following requirements, as determined by the department:

AB150,894,12 (a) Any of the following applies to the county:

AB150,894,14 1. The county receives a grant under 42 USC 290ff to 290ff-4 for community mental health services for children with serious emotional disturbances.

AB150,894,16 2. The county receives any grant for services to severely emotionally disturbed children.

AB150,894,18 3. The county is in compliance with the requirements of s. 46.56, except that the county need not receive funding under s. 46.56 (15).

AB150,894,23 (b) The county submits to the department a plan that specifies the proposed use of funds to implement the program under this section, including, at the time of termination of funding under this section, enrollment of children served under the program in a limited service health organization that covers both inpatient and outpatient expenses.

AB150, s. 2310 Section 2310. 46.485 (2g) (intro.) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,895,4 46.485 (2g) (intro.) From the appropriation under s. 20.435 (1) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (3) (kb) for distribution under this section to applying counties in this state that meet all of the following requirements, as determined by the department:

****Note: This is reconciled s. 46.485 (2g) (intro.). This section has been affected by drafts with the following LRB #'s: -0481/3 and -2402/3.

AB150, s. 2311 Section 2311. 46.485 (2m) of the statutes is repealed.

AB150, s. 2312 Section 2312. 46.485 (3) of the statutes is repealed.

AB150, s. 2313 Section 2313. 46.485 (3g), (3m) and (3r) of the statutes are created to read:

AB150,895,11 46.485 (3g) The amount that the department may transfer under sub. (2g) for a county may not exceed the estimated state share of payments under s. 49.45, 49.46 or 49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county.

AB150,895,13 (3m) Funds that are distributed under sub. (2g) may be used for all of the following:

AB150,895,15 (a) Mental health care and treatment, other than care and treatment under s. 51.35 (3), in an inpatient facility for children with severe emotional disturbances.

AB150,895,17 (b) Community mental health services for children with severe emotional disturbances.

AB150,895,20 (3r) Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which the funds were distributed under sub. (2g) lapse to the appropriation under sub. 20.435 (1) (b).

AB150, s. 2314 Section 2314. 46.485 (4) of the statutes is amended to read:

AB150,896,3 46.485 (4) The county receiving funds under sub. (2) (2g) is not liable for payment for any care and treatment of the type authorized to be paid under sub. (2) (a) 1. (3m) that is above the amount transferred under sub. (2) (a) (intro.) (2g) (intro.).

AB150, s. 2315 Section 2315. 46.49 (1) of the statutes, as affected by 1993 Wisconsin Act 446, is amended to read:

AB150,896,24 46.49 (1) Subject to ss. 46.40 (3) (b) 3. (1) (b) and 46.48 (15) (b), if the department receives unanticipated federal alcohol, drug abuse and community mental health services block grant funds under 42 USC 300x to 300x-9, federal prevention and treatment of substance abuse block grant funds under 42 USC 300x-21 to 300x-35, federal child care grant funds under 42 USC 603 (n), foster care and adoption assistance payments under 42 USC 670 to 679a or child care and development block grant funds under 42 USC 9858 and it proposes to allocate the unanticipated funds so that an allocation limit in s. 46.40 is exceeded, the department shall submit a plan for the proposed allocation to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit it to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration that the committee has scheduled a meeting for the purpose of reviewing the plan within 14 working days after the date of his or her submittal, the department may implement the plan, notwithstanding any allocation limits under s. 46.40. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan, notwithstanding s. 46.40, only with the approval of the committee.

AB150, s. 2316 Section 2316. 46.51 (1) of the statutes is amended to read:

AB150,897,4 46.51 (1) From the amounts distributed under s. 46.40 (3) (a) (1) for services for children and families, the department shall distribute funds to eligible counties for services related to child abuse and neglect, including child abuse and neglect prevention, investigation and treatment.

AB150, s. 2317 Section 2317. 46.56 (14) (a) (intro.) of the statutes is amended to read:

AB150,897,18 46.56 (14) (a) (intro.) In order to support the development of a comprehensive system of coordinated care for children with severe disabilities and their families, the department shall establish a statewide advisory committee with representatives of county departments, the department of public instruction, educational agencies, professionals experienced in the provision of services to children with severe disabilities, families with children with severe disabilities, advocates for such families and their children, the subunit of the department of industry, labor and human relations that administers vocational rehabilitation, the technical college system, health care providers, courts assigned to exercise jurisdiction under ch. 48, child welfare officials, and other appropriate persons as selected by the department. The department may use an existing committee for this purpose if it has representatives from the listed groups and is willing to perform the required functions. This committee shall do all of the following:

AB150, s. 2318 Section 2318. 46.56 (15) (a) of the statutes is amended to read:

AB150,897,24 46.56 (15) (a) From the appropriation under s. 20.435 (7) (3) (co), the department shall make available funds to implement programs. The funds may be used to pay for the intake, assessment, case planning and service coordination provided under sub. (8) and for expanding the capacity of the county to provide community-based care and treatment for children with severe disabilities.

AB150, s. 2319 Section 2319. 46.62 (title) of the statutes is renumbered 49.26 (2) (title).

AB150, s. 2320 Section 2320. 46.62 (1) of the statutes is renumbered 49.26 (2) (a) and amended to read: