46.30(1)
(1)
Definitions. In this section:
46.30(1)(a)
(a) "Limited-purpose agency" means a private, nonprofit organization that is a statewide organization whose project has statewide impact.
46.30(1)(b)
(b) "Poor person" means a resident of a community served by a community action agency, whose income is at or below 125% of the poverty line.
46.30(1)(c)
(c) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
46.30(2)(a)1.1. A community action agency is any of the entities specified in
par. (b) that meets the following conditions:
46.30(2)(a)1.c.
c. Receives the approval of the county board of supervisors, if the community action agency serves an entire county, or, if the agency serves a city, village or town, receives the approval of the city's, village's or town's legislative body.
46.30(2)(a)2.
2. Each private, nonprofit community action agency shall be governed by a board consisting of 15 to 51 members, chosen from the following groups:
46.30(2)(a)2.a.
a. One-third of the members shall be elected public officials or their representatives. If the number of elected public officials who are reasonably available and willing to serve on a governing board is insufficient to meet this requirement, appointed public officials may be substituted. The chief executive or the legislative body of the county, city, village or town that approved the creation of a community action agency under
subd. 1. c. shall appoint these members.
46.30(2)(a)2.b.
b. At least one-third of the members shall represent poor persons in the community to be served by the community action agency, being chosen in accordance with democratic selection procedures adequate to ensure that they are selected by and that they represent poor persons.
46.30(2)(a)2.c.
c. The remaining members shall represent specific groups or areas within the community to be served by the community action agency. The members selected under
subd. 2. a. and
b. shall determine which groups or areas are to be represented and shall delegate to the group, or to residents of the area, the task of selecting the representative. Representatives of an area of the community shall reside within that area.
46.30(2)(a)3.
3. Each community relations-social development commission created under
s. 66.433 that acts as a community action agency shall modify the composition of its commission so that the commission is composed of 15 to 51 members, chosen from the groups specified in
subd. 2. a. to
c.
46.30(2)(b)
(b) The following entities may organize as community action agencies:
46.30(2)(b)1.
1. Any private, nonprofit community organization, including any migrant or seasonal farm worker organization.
46.30(2)(b)2.
2. Any community relations-social development commission created under
s. 66.433.
46.30(2)(b)3.
3. Any entity designated by the community services administration as a community action agency under
42 USC 2790 to
2797, in effect on August 1, 1981, for federal fiscal year 1981, unless the agency lost its designation. Any such entity is deemed to meet the conditions under
par. (a) 1.
46.30(2)(c)
(c) The approval of a community action agency may be rescinded but only if there is good cause and if the decision to rescind is made by both the legislative body of the county, city, village or town that granted the approval and the secretary. At least 90 days before rescinding approval, the legislative body or secretary shall notify the community action agency of its reasons for the action and hold a public hearing in the community concerning the action.
46.30(3)(a)(a) A community action agency shall do all of the following:
46.30(3)(a)1.
1. Administer funds received under
sub. (4) and funds from other sources provided to support a community action program.
46.30(3)(a)2.
2. Set personnel, program and fiscal policies. Each community action agency shall set policies and procedures governing employe compensation and employment qualifications for itself and its agents. These policies and procedures shall ensure that employment practices are impartial and are designed to employ only competent persons, and shall guard against personal or financial conflicts of interest. Each community action agency shall also define the duties of its employes regarding advocacy on behalf of poor persons.
46.30(3)(a)3.
3. Involve, to the greatest extent practicable, poor persons in developing and implementing programs in order to ensure that these programs:
46.30(3)(a)3.a.
a. Will stimulate the capabilities of these persons for self-advancement.
46.30(3)(a)3.b.
b. Will be meaningful to and widely utilized by these persons.
46.30(3)(a)4.
4. Allow poor persons to influence the character of programs operated by the community action agency.
46.30(3)(a)5.
5. Involve members of the community in planning, conducting and evaluating its programs.
46.30(3)(a)6.
6. Conduct its program in a manner free of discrimination based on political affiliation and of personal or familial favoritism. Each community action agency shall establish policies and procedures to carry out this requirement and to hold staff members accountable for complying with matters governed by this section and by other state or federal laws, rules or regulations.
46.30(3)(a)7.
7. Release any record of the community action agency for examination or copying upon request, unless disclosure would constitute an unwarranted invasion of an individual's privacy. Each community action agency shall require its agents to make their records similarly available. Each community action agency shall hold public hearings on request to provide information and to receive comments about its activities.
46.30(3)(a)8.
8. Appoint a representative or representatives to the citizen advisory committee under
s. 46.031 (3) (a), in order to participate in developing and implementing programs designed to serve the poor.
46.30(3)(b)3.
3. Create a community action program. If the community action agency creates a program, it shall plan, coordinate, administer and evaluate the program. A community action program may include provisions that will help poor persons:
46.30(3)(b)3.d.
d. Obtain and maintain adequate housing and a suitable living environment.
46.30(3)(b)3.f.
f. Obtain emergency assistance. Through its program, the community action agency may provide emergency supplies or services to meet basic needs.
46.30(3)(b)4.
4. Create methods by which poor persons can work with private groups to solve common problems.
46.30(3)(b)5.
5. Research the causes of and problems created by poverty in the community.
46.30(3)(b)6.
6. Determine if programs to reduce poverty are working effectively.
46.30(3)(b)7.
7. Initiate and sponsor projects to aid poor persons that provide otherwise unavailable services.
46.30(3)(b)8.
8. Transmit information between public and private organizations and otherwise coordinate the provision of public and private social services programs to eliminate overlap and ensure effective delivery of the programs.
46.30(3)(b)9.
9. Contract with other persons to perform the community action agency's functions. The community action agency may delegate responsibility for funding or administering its programs or for making policy determinations concerning a particular geographic area of the community it serves only if poor persons represent at least one-third of the members of the governing body of the agent being delegated this responsibility.
46.30(3)(b)10.
10. Apply for funds from various sources to support a community action program.
46.30(4)(b)
(b) The department shall allocate at least 90% of the funds received under
42 USC 9903 to community action agencies and organizations.
46.30(4)(c)
(c) The department may not allocate more than 5% of the funds received under
42 USC 9903 for state administrative expenses.
46.30(4)(d)
(d) Before January 1 of each year the department shall contract with each agency and organization being funded, specifying the amount of money the organization will receive under this section and the activities to be carried out by the organization.
46.33
46.33
Employe counseling referral programs. The department may provide technical assistance to municipalities, counties, school districts and private employers for referral programs for employe counseling. The department may charge fees to cover the costs of these services.
46.33 History
History: 1989 a. 31.
46.34
46.34
Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under
s. 285.27 (2) (b).
46.34 History
History: 1993 a. 16;
1995 a. 227.
46.35
46.35
Council on American Indian health. 46.35(1)
(1)
Definition. In this section, "American Indian health" means all aspects of the physical and mental health of American Indians residing in this state, including alcohol and other drug abuse evaluation and treatment, audiology, dentistry and dental hygiene, community health nursing, general internal medicine, laboratory and X-ray services, mental health care, optometry, physical therapy, pharmacy, podiatry and social services.
46.35(2)
(2) Duties. The council on American Indian health shall do all of the following:
46.35(2)(a)
(a) Develop, periodically update and recommend to the department a state plan for the improvement of health care services to American Indians in this state. The council shall consult with tribal governments and health programs, the federal Indian health service, the department and other entities involved in American Indian health to seek their comments and suggestions regarding the plan and to coordinate the plan with plans developed by those entities. The plan shall address all of the following:
46.35(2)(a)1.
1. The availability of comprehensive health care services for all American Indians in this state.
46.35(2)(a)2.
2. Access for American Indians and tribal governments to state and county health care programs, including, where appropriate, tribal administration of such programs.
46.35(2)(a)3.
3. Intergovernmental coordination of health care programs affecting American Indians, including coordination among tribal, county, state and federal governments.
46.35(2)(a)4.
4. The development and coordination of programs to address health care issues of particular concern to American Indians.
46.35(2)(a)5.
5. Recruitment and training of health care providers to meet the specialized health needs of American Indians, including the recruitment and training of American Indians from this state and other individuals with a particular commitment to serving American Indian communities.
46.35(2)(a)6.
6. Research regarding health care issues of particular concern to American Indians.
46.35(2)(b)
(b) Advise the officers and entities specified in
sub. (4) regarding funding, policies, programs and operations of those entities and other matters with respect to American Indian health.
46.35(2)(c)
(c) Recommend legislation relating to American Indian health.
46.35(2)(d)
(d) Seek the collaboration of private, state and federal agencies in funding and conducting a comprehensive assessment of the health care needs of American Indians in this state.
46.35(2)(e)
(e) Consider all questions and matters regarding American Indian health arising within the council or brought to the council for review.
46.35(2)(f)
(f) Submit annually to the legislature under
s. 13.172 (2) and to the American Indian study committee under
s. 13.83 (3) a report concerning the council's recommendations under
par. (c).
46.35(3)
(3) Powers. The council on American Indian health may do any of the following:
46.35(3)(a)
(a) Form committees for the consideration of specific topics within the charge of the council.
46.35(3)(b)
(b) Request reports or other information from state agencies regarding issues affecting American Indian health.
46.35(3)(c)
(c) Hold public hearings to gather information regarding issues affecting American Indian health.
46.35(3)(d)
(d) Request assistance or information and solicit policy recommendations from tribal governments and health programs, the federal Indian health service, the department and other entities involved in American Indian health.
46.35(3)(e)
(e) Conduct public forums or other educational programs to inform policymakers and administrators of state and county health programs and the general public about the health care needs of American Indians.
46.35(4)
(4) Liaison with state agencies. All of the following shall maintain liaison with and periodically report to the council on American Indian health concerning progress in achieving the objectives of the state plan developed under
sub. (2) (a):
Effective date note
NOTE: Par. (a) is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
(a) The state superintendent of public instruction.
