45.396 (1) (intro.) In this section:
SECTION 2011. 45.396 (1) (a) of the statutes is created to read:
45.396 (1) (a) "Institution of higher education" means an educational institution meeting the requirements of P.L. 89-329 for institutions covered therein and of P.L. 89-287 for business, trade, technical or vocational schools and full-time post-high school technical colleges.
SECTION 2012. 45.396 (2) of the statutes is amended to read:
45.396 (2) Any veteran upon the completion of any correspondence course or part-time classroom study from an institution of higher education, as defined in s. 39.32 (1) (a), located in this state or from any public or private high school may be reimbursed in whole or in part for the cost of the course, including necessary textbooks, by the department upon presentation to the department of a certificate from the school indicating that the veteran has completed the course and stating the cost of the course and necessary textbooks and upon application for reimbursement completed by the veteran and received by the department no later than 60 days after the termination of the course for which the application for reimbursement is made. The department shall accept and process an application received more than 60 days after the termination of the course if the applicant shows good cause for the delayed receipt. The department may not require that an application be received sooner than 60 days after a course is completed. Benefits granted under this section shall be paid out of the appropriation under s. 20.485 (2) (vm).
SECTION 2013. 45.396 (3) (intro.) of the statutes is amended to read:
45.396 (3) (intro.) A veteran who is a resident of this state and otherwise qualified to receive benefits under this section may receive the benefits under sub. (2) upon the completion of any correspondence courses or part-time classroom study from an educational institution of higher education located outside this state which is accredited by the north central association of colleges and schools or, if outside the jurisdiction of that accrediting association, by an equivalent accrediting association, if any of the following applies:
SECTION 2014. 45.397 (2) (a) of the statutes is amended to read:
45.397 (2) (a) The veteran is enrolled or accepted for enrollment in an institution of higher education, as defined in s. 39.32 (1) (a), in the state or is engaged in a structured on-the-job training program certified by the department of industry, labor and human relations, the department of health and social services or the U.S. department of veterans affairs.
SECTION 2015. 45.397 (2) (c) of the statutes is amended to read:
45.397 (2) (c) The veteran is unemployed, underemployed, as defined by administrative rule, or has received a notice of termination of employment.
SECTION 2016. 45.43 (7) (b) of the statutes is renumbered 45.43 (7) (b) (intro.) and amended to read:
45.43 (7) (b) (intro.) The department shall award a grant not exceeding $5,000 annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.07 (20). An eligible county may receive a basic award and a production incentive award. The department shall promulgate rules establishing the criteria and formula for payment of a production incentive award. An eligible county initially applying for a grant after August 9, 1989, the effective date of this paragraph .... [revisor inserts date], shall be eligible for an initial grant for the first year not exceeding $1,000, an annual grant for the next year not exceeding $3,000 and any subsequent annual grant not exceeding $5,000. a basic award, based on the population of the county, as follows:
SECTION 2017. 45.43 (7) (b) 1. of the statutes is created to read:
45.43 (7) (b) 1. For a county with a population under 20,000, $8,500.
SECTION 2018. 45.43 (7) (b) 2. of the statutes is created to read:
45.43 (7) (b) 2. For a county with a population of 20,000 to 45,499, $10,000.
SECTION 2019. 45.43 (7) (b) 3. of the statutes is created to read:
45.43 (7) (b) 3. For a county with a population of 45,500 to 74,999, $11,500.
SECTION 2020. 45.43 (7) (b) 4. of the statutes is created to read:
45.43 (7) (b) 4. For a county with a population of 75,000 or more, $13,000.
SECTION 2021. 45.72 (4) of the statutes is repealed.
SECTION 2022. 46.011 (intro.) of the statutes is amended to read:
46.011 Definitions. (intro.) In chs. 46 to, 48, 50, 51, 55 and 58, unless the context requires otherwise:
****NOTE: This is reconciled s. 46.011 (intro.). This SECTION has been affected by drafts with the following LRB numbers: -2153/1 and -2182/5.
SECTION 2023. 46.016 of the statutes is amended to read:
46.016 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance, social security, child welfare and youth services, youth corrections, mental hygiene, services for the blind, vocational rehabilitation, and in other matters of mutual concern pertaining to public welfare.
SECTION 2024. 46.017 of the statutes is repealed.
SECTION 2025. 46.02 of the statutes is amended to read:
46.02 Agency powers and duties. Any institution which is subject to chs. 46, 48 to 51, 55 and 58 and to regulation under ch. 150 shall, in cases of conflict between chs. 46, 48 to 51, 55 and 58 and ch. 150, be governed by ch. 150. The department shall promulgate rules and establish procedures for resolving any such controversy.
SECTION 2026. 46.025 of the statutes is repealed.
SECTION 2027. 46.03 (7) (a) of the statutes is amended to read:
46.03 (7) (a) Promote the enforcement of laws for the protection of developmentally disabled children, delinquent children, children in need of protection or services and nonmarital children; and to this end cooperate with courts assigned to exercise jurisdiction under ch. 48 and licensed child welfare agencies and institutions (public and private) and take the initiative in all matters involving the interests of such children where adequate provision therefor has not already been made, including the establishment and enforcement of standards for services provided under ss. 48.34 and 48.345, other than services provided by the department of corrections under s. 48.34 (4g).
SECTION 2028. 46.03 (7) (e) of the statutes is amended to read:
46.03 (7) (e) Administer the juvenile offender review program in the division of youth services in the department. The program shall be responsible for decisions regarding case planning and the release of juvenile offenders from juvenile correctional institutions operated by the department to aftercare and corrective sanctions placements.
SECTION 2029. 46.03 (7m) of the statutes is amended to read:
46.03 (7m) FOSTER CARE. For the In each federal fiscal years commencing October 1, 1994, and October 1, 1995 year, ensure that there are no more than 2,200 children in foster care and treatment foster care placements for more than 24 months, consistent with the best interests of each child. Services provided in connection with this requirement shall comply with the requirements under P.L. 96-272.
SECTION 2030. 46.03 (8) of the statutes is renumbered 103.005 (17) and amended to read:
103.005 (17) Administer The department shall administer those programs of public assistance, as provided in that are specified in subch. III of ch. 49.
****NOTE: This is reconciled s. 46.03 (8). This SECTION has been affected by drafts with the following LRB numbers: -2153/1 and -2243/2.
SECTION 2031. 46.03 (12) of the statutes is repealed.
SECTION 2032. 46.03 (18) (a) of the statutes is amended to read:
46.03 (18) (a) Except as provided in s. ss. 46.10 (14) (b) and (c) and 301.12, the department of health and social services shall establish a uniform system of fees for services provided or purchased by the department of health and social services, the department of corrections or a county department under s. 46.215, 46.22, 51.42 or 51.437, except for services provided under subch. III of ch. 49; services relating to adoption, or; services provided to courts, for provision of child support and paternity establishment services to recipients of aid to families with dependent children or for; outreach, information and referral services,; or where, as determined by the department of health and social services, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, 51.42 or 51.437 shall apply the fees which it collects under this program to cover the cost of such services. The department of health and social services shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department of health and social services during the previous year and the costs to the state for services relating to such adoptions.
****NOTE: This is reconciled s. 46.03 (18) (a). This SECTION has been affected by drafts with the following LRB numbers: -2153/1 and -2481/3.
SECTION 2033. 46.03 (20) (a) of the statutes is amended to read:
46.03 (20) (a) The Except for payments provided under subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. The Except for payments provided under subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.
SECTION 2034. 46.03 (20) (d) of the statutes is amended to read:
46.03 (20) (d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under s. 49.52 46.495.
SECTION 2035. 46.03 (23) of the statutes is renumbered 49.32 (3) and amended to read:
49.32 (3) UNIFORM MANUAL. Adopt The department shall adopt policies and procedures and a uniform county policy and procedure manual to minimize unnecessary variations between counties in the administration of the aid to families with dependent children program. The department shall also require each county to use the manual in the administration of the program.
SECTION 2036. 46.03 (35) of the statutes is renumbered 49.32 (4) and amended to read:
49.32 (4) EMPLOYMENT OF AID RECIPIENTS. Assist The department shall assist state agencies in efforts under s. 230.147 to employ recipients of aid under s. 49.19.
SECTION 2037. 46.03 (36) of the statutes is renumbered 49.32 (5) and amended to read:
49.32 (5) EMPLOYMENT AND TRAINING AND EDUCATION MANUAL. In conjunction with the department of industry, labor and human relations, produce The department shall produce a manual describing employment and training and education programs for which recipients of public assistance benefits under ch. 49 this subchapter may qualify. The department shall distribute the manual, free of charge, to each county department under s. 46.215, 46.22 or 46.23.
SECTION 2038. 46.03 (38) of the statutes is amended to read:
46.03 (38) WELFARE REFORM STUDIES. Request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program and the medical assistance program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the requirement learnfare program under s. 49.50 (7) (g) that certain teenage recipients of aid to families with dependent children remain in school, the modification of the earned income disregard under s. 49.19 (5) (am) and the extension of medical assistance benefits under ss. 49.46 (1) (co) and 49.47 (4) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs, the availability of health insurance coverage and providing financial incentives and in identifying barriers to independence.
SECTION 2039. 46.03 (38) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.03 (38) WELFARE REFORM STUDIES. Request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program and the medical assistance program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare program under s. 49.50 (7), the modification of the earned income disregard under s. 49.19 (5) (am) and the extension of medical assistance benefits under ss. 49.46 (1) (co) and 49.47 (4) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs, the availability of health insurance coverage and providing financial incentives and in identifying barriers to independence.
****NOTE: This is reconciled s. 46.03 (38). This SECTION has been affected by drafts with the following LRB numbers: -0746/2 and -2153/1.
SECTION 2040. 46.031 (2g) (b) of the statutes is amended to read:
46.031 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds not used to match state funds under ss. 49.52 (1) 46.495 (1) (d) and 51.423. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.
SECTION 2041. 46.032 (title) of the statutes is renumbered 49.33 (title).
SECTION 2042. 46.032 of the statutes is amended to read:
46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.
SECTION 2043. 46.032 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (2) and amended to read:
49.33 (2) (title) CONTRACTS. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.26 (1) and 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) 20.445 (3) (de) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad) 49.33 (8). The department may reduce its payment to any county under s. 20.435 (4) 20.445 (3) (de) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.
****NOTE: This is reconciled s. 46.032. This SECTION has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.
SECTION 2044. 46.033 (title) of the statutes is repealed.
SECTION 2045. 46.033 (1) (intro.) of the statutes is repealed.
SECTION 2046. 46.033 (1) (a) of the statutes is amended to read:
46.033 (1) (a) "Income maintenance program" means relief of needy Indian persons under s. 49.046, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 or the food stamp program under 7 USC 2011 to 2029.
SECTION 2047. 46.033 (1) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (1) (b) and amended to read:
49.33 (1) (b) "Income maintenance program" means aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49 or the food stamp program under 7 USC 2011 to 2029.
****NOTE: This is reconciled s. 46.033 (1) (a). This SECTION has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.
SECTION 2048. 46.033 (1) (b) of the statutes is renumbered 49.33 (1) (c).
SECTION 2049. 46.033 (2) of the statutes is renumbered 49.33 (3).
SECTION 2050. 46.036 (1) of the statutes is amended to read:
46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.
SECTION 2051. 46.036 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, except as provided under subch. III of ch. 49, shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.
****NOTE: This is reconciled s. 46.036 (1). This SECTION has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.
SECTION 2052. 46.041 (1) (a) of the statutes is amended to read:
46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. 48, the institutions and services under the jurisdiction of the department, university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.
SECTION 2053. 46.049 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 301.20 and amended to read:
301.20 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed in a secured correctional facility under s. 48.34 (4m) under the supervision of the department under s. 48.34 (4g). All laws pertaining to the care of children received under s. 48.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.52 48.557.
SECTION 2054. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479, section 8, and 481, section 9, is amended to read:
46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
SECTION 2055. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 385, 479 and 481 and 1995 Wisconsin Act .... (this act), is amended to read:
46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
****NOTE: This is reconciled s. 46.10 (2). This SECTION has been affected by drafts with the following LRB numbers: -2017/3 and -2153/1.
SECTION 2056. 46.175 of the statutes is amended to read:
46.175 County institutions: minimum standards. Notwithstanding any other provision of law, any county currently operating an institution established under s. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 51.08 or 51.09 may, by resolution of the county board, designate such institution or distinct part of such institution as a facility to be operated under s. 50.02, 50.03 or 50.33. Any county institution or part thereof, where so designated, shall be required to meet those licensure standards established by the department for the type of facility designated by the county. Any designation under this section may be made only if such designation will not result in any additional cost to the state.
SECTION 2057. 46.18 (13) of the statutes is amended to read:
46.18 (13) BUILDING RESERVE FUND. The county board shall maintain as a segregated cash reserve an annual charge of 2% of the original cost of new construction or purchase or of the appraised value of existing infirmary structures and equipment. If the infirmary or any of its equipment is replaced, any net cost of replacement in excess of the original cost is subject to an annual charge of 2%. No contributions to the cash reserve in excess of the amount required under this subsection may be included in the calculation under s. 49.173 (1) 49.726 (1). The county board may from time to time appropriate from such reserve sums to be expended solely for the enlargement, modernization or replacement of such infirmary and its equipment.
SECTION 2058. 46.206 of the statutes is amended to read:
46.206 (title) Welfare Social services; supervisory functions of state department. (1) (a) The department shall supervise the administration of social services and aid to families with dependent children, including related employment and training programs, except as provided under subch. III of ch. 49. The department shall submit to the federal authorities state plans for the administration of social services and aid under s. 49.19, except as provided under subch. III of ch. 49, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
(b) All records of the department and all county records relating to social services, aid to families with dependent children and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. 48.396 (2), all county records relating to the administration of such the services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.
