Effective date text
(2) Advise the department, the department of public instruction and any other relevant state agency on the use of state and federal resources and on the provision and administration of programs for hunger prevention.
46.76(3)
(3) Award community-based hunger prevention program grants under
s. 46.765.
46.76(4)
(4) Develop an annual plan that documents areas of hunger and populations experiencing hunger within this state and that recommends strategies and state and federal policy changes to address hunger in these areas and populations.
46.76(5)
(5) Submit, by December 31 annually, the plan developed under
sub. (4) to the governor, the secretary, the secretary of education and the appropriate standing committees under
s. 13.172 (3).
Effective date note
NOTE: Sub. (5) 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
(5) Submit, by December 31 annually, the plan developed under sub. (4) to the governor, the secretary, the superintendent of public instruction and the appropriate standing committees under s. 13.172 (3).
46.76 History
History: 1993 a. 168;
1995 a. 27 s.
9145 (1).
46.765
46.765
Community-based hunger prevention program grants. 46.765(1)(a)
(a) "Agency" means a community-based public or private, nonprofit organization.
46.765(1)(b)
(b) "Food distribution service" means a program that provides food or serves meals directly to individuals with low incomes or to elderly individuals, or that collects and distributes food to persons who provide food or serve meals directly to these individuals.
46.765(2)
(2) Purpose; amount. From the appropriation under
s. 20.435 (7) (dr), the department shall provide start-up grants, awarded by the board on hunger, to one or more agencies, but not to exceed $20,000 per grant per year, for any of the following purposes:
46.765(2)(a)
(a) To establish a community-based food distribution service network to coordinate the activities of food pantries, soup kitchens, food banks and congregate meal facilities.
46.765(2)(b)
(b) To assess local problems relating to hunger and malnutrition and evaluate existing community services to determine necessary strategies, policies, programs and other responses to meet community needs.
46.765(2)(c)
(c) To establish a community-based hunger prevention council to undertake the activities under
par. (b), which may include individuals from one or more of the following groups: low-income individuals; local government officials; members of the clergy; university or public school nutritionists and dietitians; school administrators; public health and health care professionals; community action agency representatives; food service and restaurant industry representatives; and community service organization representatives.
46.765(2)(d)
(d) To participate in federally funded food and nutrition programs.
46.765(2)(e)
(e) To integrate public and private community resources to alleviate hunger and malnutrition.
46.765(2)(f)
(f) To establish programs to enhance volunteer citizen participation in local hunger prevention activities.
46.765(2)(g)
(g) To provide outreach information and referrals to public and private food distribution, nutrition education and hunger prevention services and programs.
46.765(2)(h)
(h) To develop nontraditional or innovative hunger prevention resources and programs, such as community gardens, agricultural gleaning, food cooperatives and buying clubs, farmer's markets and community-owned and operated retail food establishments.
46.765(2)(i)
(i) To identify and target community services and programs to groups and individuals at risk of hunger.
46.765(2)(j)
(j) To provide for adequate transportation and the efficient distribution of food from all available resources.
46.765(2)(k)
(k) To coordinate community food distribution services with other community education, recreation, social and cultural programs to afford greater access to groups and individuals in need of food.
46.765(2)(L)
(L) To improve public transportation to human services agencies, food distribution service facilities and other food resources in the community.
46.765(2)(m)
(m) To establish nutrition education programs for individuals with low incomes and special nutritional needs to enhance food purchasing and preparation skills and to increase awareness of the relationship between proper diet and good health.
46.765(3)
(3) Grant awards; criteria. The department shall provide start-up grants under this section pursuant to awards made by the board on hunger. In evaluating applications for grants, the board shall give priority to proposals for any of the purposes enumerated in
sub. (2) that do all of the following:
46.765(3)(a)
(a) Utilize financial or in-kind contributions from the local community.
46.765(3)(b)
(b) Involve the planning and participation of more than one agency.
46.765(3)(c)
(c) Appear likely to continue in operation after using the grant under this section.
46.765(4)
(4) Expiration; final report. Grants may not be awarded under this section after June 30, 1999. The department shall, by June 30, 2000, submit a final report to the governor, and the legislature under
s. 13.172 (2), on grants made under this section and the community-based hunger prevention activities conducted using those grants.
46.765 History
History: 1993 a. 168;
1995 a. 27,
225.
46.77
46.77
Food distribution administration. From the appropriation under
s. 20.435 (7) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act,
P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988,
P.L. 100-435, as amended.
46.80(1)(1) The department's primary responsibility to elderly persons is to assure that all elderly and disabled persons have available and accessible a continuum of care or a wide range of community and supportive services so that they may remain in their homes and neighborhoods for as long as it is possible. The department shall be the mechanism by which governmental and nongovernmental agencies may coordinate their policies, plans and activities with regard to the aging. To this end it shall:
46.80(1)(a)
(a) Conduct a continuous review of the scope and degree of coordination of all state programs and activities on the aging and make recommendations to the appropriate agencies regarding the expansion, coordination, consolidation and reorganization of particular activities as a means of developing a more effective and efficient total program for the aging.
46.80(1)(b)
(b) Examine the need for future activities, programs, services and facilities for the aging on the state, local and voluntary levels.
46.80(1)(c)
(c) Encourage, promote and aid in the establishment of programs and services for the aging within subordinate units of government and nongovernmental groups, and assist organizations and committees in the development of programs in such manner as the division deems appropriate.
46.80(1)(d)
(d) Gather and disseminate information about programs, services, activities and facilities for the aging.
46.80(1)(e)
(e) Conduct a continuous program to stimulate public awareness and understanding of the needs and potentials of the aging.
46.80(1)(f)
(f) Provide consultant service to assist in the development of local housing for the aged.
46.80(2)
(2) The several state agencies shall cooperate with the department in making available to it such available data as will facilitate the work of the department. The department shall make available to the several state agencies such information as it secures which will facilitate the effective operation of their programs for the aging.
46.80(2m)(a)1.
1. Divide the state into distinct planning and service areas and designate a public or private nonprofit agency or organization as the area agency on aging for each planning and service area.
46.80(2m)(a)2.
2. Develop formulas for distribution within the state of funds received under
42 USC 3001 to
3030. The department need not promulgate as rules under
ch. 227 the formulas developed under this subdivision.
46.80(2m)(a)3.
3. Receive area plans prepared and developed by area agencies on aging designated under
subd. 1.
46.80(2m)(a)4.
4. Contract with each area agency on aging that is designated under
subd. 1. to do all of the following:
46.80(2m)(a)4.a.
a. Distribute, according to the formulas developed by the department, state or federal funds to a county, to the elected governing body of a federally recognized American Indian tribe or band or to a private, nonprofit organization for the purposes that are established in an area plan that is specified in
subd. 3.
46.80(2m)(a)4.b.
b. Monitor programs of services for individuals who are at least 60 years of age that are provided under an area plan by a county or the elected governing body of a federally recognized American Indian tribe or band.
46.80(2m)(a)5.
5. Ensure that each area agency on aging meets the requirements that are specified for an area agency on aging under
42 USC 3025 and
3026.
46.80(2m)(a)6.
6. Establish and operate, either directly or by contract or other arrangement with a public agency or private, nonprofit organization, other than an agency or organization that licenses or certifies long-term care services or is an association of providers of long-term care services, a long-term care ombudsman program.
46.80(3)
(3) The department may accept, on behalf of the state, and use gifts and grants for the purposes of this section. It shall use, to the fullest extent legally possible, all available grants from federal, state and other public or private sources to fund community home care services or programs which offer alternatives to institutionalization and which provide comprehensive services at the community level. The state plan for the older Americans act shall detail objectives designed to accomplish this purpose.
46.80(4)
(4) The secretary shall appoint such technical staff as is necessary to carry out the functions of this program.
46.80(5)(a)(a) From the appropriation under
s. 20.435 (7) (dh), the department shall provide a state supplement to the federal congregate nutrition projects under
42 USC 3030e, in effect on April 30, 1980, which will promote expansion of projects throughout the state. Except as provided in
par. (b), the department shall allocate these funds based on the formulas developed by the department under
sub. (2m) (a) 2. A county that receives federal funds for congregate nutrition projects on or after July 1, 1977, may not receive under this paragraph an amount that is less than the 1976-77 allocation as a result of the program expansion. This paragraph does not require that federal limitations on the use of federal congregate nutrition funds for home delivered meals apply to the state supplement.
46.80(5)(b)
(b) The department may use up to 10% of the funds provided under
par. (a) to reduce county losses, if any, as a result of changes in census data or revisions in the formula for distribution under
sub. (2m) (a) 2.
46.81
46.81
Benefit specialist program. 46.81(1)(a)
(a) "Aging unit" means an aging unit director and necessary personnel, directed by a county commission on aging and organized as one of the following:
46.81(1)(a)1.
1. An agency of county government with the primary purpose of administering programs of services for older individuals of the county.
46.81(1)(a)2.
2. A unit, within a county department under
s. 46.215,
46.22 or
46.23, with the primary purpose of administering programs of services for older individuals of the county.
46.81(1)(a)3.
3. A private, nonprofit corporation that is organized under
ch. 181.
46.81(1)(c)
(c) "Older individual" means an individual who is 60 years of age or older.
46.81(2)
(2) From the appropriation under
s. 20.435 (7) (dj), the department shall allocate $1,224,000 in each fiscal year to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.
46.81(3)
(3) An aging unit shall use the funds allocated under
sub. (2) and federal funds designated for the purpose to provide benefit specialist services to older individuals. Aging units may also use other funds to provide benefit specialist services.
46.81(4)
(4) Benefit specialists shall offer information, advice and assistance to older individuals related to individual eligibility for, and problems with, public benefits and services and to health care financing, insurance, housing and other financial and consumer concerns. Benefit specialists shall refer older individuals in need of legal representation to the private bar or other available legal resources.
46.81(5)
(5) From the appropriation under
s. 20.435 (7) (dj) the department shall allocate $132,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.
46.82(1)(1)
Definitions. In this section:
46.82(1)(a)
(a) "Aging unit" means an aging unit director and necessary personnel, directed by a county or tribal commission on aging and organized as one of the following:
46.82(1)(a)1.
1. An agency of county or tribal government with the primary purpose of administering programs of services for older individuals of the county or tribe.
46.82(1)(a)2.
2. A unit, within a county department under
s. 46.215,
46.22 or
46.23, with the primary purpose of administering programs of services for older individuals of the county.
46.82(1)(a)3.
3. A private, nonprofit corporation that is organized under
ch. 181.
46.82(1)(c)
(c) "Older individual" means an individual who is 60 years of age or older.
46.82(2)
(2) Aging unit; creation. A county board of supervisors of a county, the county boards of supervisors of 2 or more contiguous counties or an elected tribal governing body of a federally recognized American Indian tribe or band in this state may choose to administer, at the county or tribal level, programs for older individuals that are funded under
42 USC 3001 to
3057n,
42 USC 5001 and
42 USC 5011 (b). If this is done, the county board or boards of supervisors or tribal governing body shall establish by resolution a county or tribal aging unit to provide the services required under this section. If a county board of supervisors or a tribal governing body chooses, or the county boards of supervisors of 2 or more contiguous counties choose, not to administer the programs for older individuals, the department shall direct the area agency on aging that serves the relevant area to contract with a private, nonprofit corporation to provide for the county, tribe or counties the services required under this section.
46.82(3)
(3) Aging unit; powers and duties. In accordance with state statutes, rules promulgated by the department and relevant provisions of
42 USC 3001 to
3057n and as directed by the county or tribal commission on aging, an aging unit:
46.82(3)(a)1.
1. Work to ensure that all older individuals, regardless of income, have access to information, services and opportunities available through the county or tribal aging unit and have the opportunity to contribute to the cost of services and that the services and resources of the county or tribal aging unit are designed to reach those in greatest social and economic need.
46.82(3)(a)2.
2. Plan for, receive and administer federal, state and county, city, town or village funds allocated under the state and area plan on aging to the county or tribal aging unit and any gifts, grants or payments received by the county or tribal aging unit, for the purposes for which allocated or made.
46.82(3)(a)3.
3. Provide a visible and accessible point of contact for individuals to obtain accurate and comprehensive information about public and private resources available in the community which can meet the needs of older individuals.
46.82(3)(a)4.
4. As specified under
s. 46.81, provide older individuals with services of benefit specialists or appropriate referrals for assistance.
