Wisconsin Legislature: LRB-2079/1

(d) As soon as possible after the appointment of the initial members of the family care district board, the board shall organize for the transaction of business and elect a chairperson and other necessary officers. Each chairperson shall be elected by the board from time to time for the term of that chairperson's office as a member of the board or for the term of 3 years, whichever is shorter, and shall be eligible for reelection. A majority of the board shall constitute a quorum. The board may act based on the affirmative vote of a majority of a quorum.

(4) POWERS. Subject to sub. (1) (a) 1. b., a family care district has all the powers necessary or convenient to carry out the purposes and provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a family care district may do all of the following:

(a) Adopt and alter, at pleasure, an official seal.

(b) Adopt bylaws and policies and procedures for the regulation of its affairs and the conduct of its business. The bylaws, policies and procedures shall be consistent with ss. 46.2085 to 46.2895 and, if the family care district contracts with the department under par. (d), with the terms of that contract.

(d) Negotiate and enter into leases or contracts, including a contract with the department to operate either a resource center under s. 46.283 or a care management organization under s. 46.284, but not both.

(e) Provide services related to services available under the family care benefit, to older persons and persons with disabilities, in addition to the services funded under the contract with the department that is specified under par. (d).

(f) Acquire, construct, equip, maintain, improve or manage a resource center under s. 46.283 or a care management organization under s. 46.284, but not both.

(g) Subject to sub. (8), employ any agent, employe or special adviser that the family care district finds necessary, fix and regulate his or her compensation and provide, either directly or subject to an agreement under s. 66.30 as a participant in a benefit plan of another governmental entity, any employe benefits, including an employe pension plan.

(h) Mortgage, pledge or otherwise encumber the family care district's property or funds.

(i) Buy, sell or lease property, including real estate, and maintain or dispose of the property.

(j) Invest any funds not required for immediate disbursement in any of the following:

1. An interest-bearing escrow account with a financial institution, as defined in s. 69.30 (1) (b).

2. Time deposits in any financial institution, as defined in s. 69.30 (1) (b), if the time deposits mature in not more than 2 years.

3. Bonds or securities issued or guaranteed as to principal and interest by the federal government or by a commission, board or other instrumentality of the federal government.

(k) Create a risk reserve or other special reserve as the family care district board desires or as the department requires under the contract with the department that is specified under par. (d).

(L) Accept aid, including loans, to accomplish the purpose of the family care district from any local, state or federal governmental agency or accept gifts, loans, grants or bequests from individuals or entities, if the conditions under which the aid, loan, gift, grant or bequest is furnished are not in conflict with this section.

(m) Make and execute other instruments necessary or convenient to exercise the powers of the family care district.

(5) LIMITATION ON POWERS. A family care district may not issue bonds or levy a tax or assessment.

(6) DUTIES. The family care district board shall do all of the following:

(a) Appoint a director, who shall hold office at the pleasure of the board.

(b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employes of the family care district.

(d) Establish a fiscal operating year and annually adopt a budget for the family care district.

(e) Contract for any legal services required for the family care district.

(f) Subject to sub. (8), procure liability insurance covering its officers, employes and agents, insurance against any loss in connection with its property and other assets and other necessary insurance; establish and administer a plan of self-insurance; or, subject to an agreement under s. 66.30, participate in a governmental plan of insurance or self-insurance.

(7) DIRECTOR; DUTIES. The director appointed under sub. (6) (a) shall do all of the following:

(a) Manage the property and business of the family care district and manage the employes of the district, subject to the general control of the family care district board.

(b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the family care district board.

(c) Perform duties in addition to those specified in pars. (a) and (b) as are prescribed by the family care district board.

(8) EMPLOYMENT AND EMPLOYE BENEFITS OF CERTAIN EMPLOYES. (a) A family care district board shall do all of the following:

1. If the family care district offers employment to any individual who was previously employed by the county, who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's compensation and benefits until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employe of the district, whichever occurs first.

2. If the family care district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, but whose wages, hours and conditions of employment were not established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date the individual commences employment with the district, with respect to that individual, initially provide that individual the same compensation and benefits that he or she received while employed by the county.

3. If the family care district offers employment to any individual who was previously employed by the county and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district, with respect to that individual, recognize all years of service with the county for any benefit provided or program operated by the district for which an employe's years of service may affect the provision of the benefit or the operation of the program.

4. If the county has not established its own retirement system for county employes, adopt a resolution that the family care district be included within the provisions of the Wisconsin retirement system under s. 40.21 (1). In this resolution, the family care district shall agree to recognize 100% of the prior creditable service of its employes earned by the employes while employed by the district.

(b) The county board of supervisors of the area of jurisdiction of the family care district shall do all of the following:

1. If the county has established its own retirement system for county employes, provide that family care district employes are eligible to participate in the county retirement system.

2. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., family care district employes are eligible to receive health care coverage under any county health insurance plan that is offered to county employes.

3. Provide that, subject to the terms of any applicable collective bargaining agreement as provided in par. (a) 1., family care district employes are eligible to participate in any deferred compensation or other benefit plan offered by the county to county employes, including disability and long-term care insurance coverage and income continuation insurance coverage.

(9) CONFIDENTIALITY OF RECORDS. No record, as defined in s. 19.32 (2), of a family care district that contains personally identifiable information, as defined in s. 19.62 (5), concerning an individual who receives services from the family care district may be disclosed by the family care district without the individual's informed consent, except as required to comply with s. 16.009 (2) (p) or 49.45 (4).

(10) EXCHANGE OF INFORMATION. Notwithstanding sub. (9) and ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a family care district acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or 51.437 (4r) (b) in the jurisdiction of the family care district, if necessary to enable the family care district to perform its duties or to coordinate the delivery of services to the client.

(11) OBLIGATIONS AND DEBTS NOT THOSE OF COUNTY. The obligations and debts of the family care district are not the obligations or debts of the county that created the family care district.

(12) ASSISTANCE TO FAMILY CARE DISTRICT. From moneys in the county treasury that are not appropriated to some other purpose, the county board of supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b) may appropriate moneys to the family care district as a gift or may lend moneys to the family care district.

(13) DISSOLUTION. Subject to the performance of the contractual obligations of a family care district and if first approved by the secretary of the department, the family care district may be dissolved by the joint action of the family care district board and county board of supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b) that created the family care district. If the family care district is dissolved, the property of the district shall be transferred to the county board of supervisors that created the family care district except as follows:

(a) If the family care district was created under sub. (1) (b), the county boards of supervisors shall agree on the apportioning of the family care district's property before the district may be dissolved.

(b) If the family care district operates a care management organization under s. 46.284, disposition of any remaining funds in the risk reserve under s. 46.284 (5) (e) shall be made under the terms of the district's contract with the department.

SECTION 1083. 46.29 (1) (intro.) of the statutes is amended to read:

46.29 (1) (intro.) From the appropriation under s. 20.435 (6) (d) (a), the department shall allocate up to $10,000 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

SECTION 1084. 46.40 (1) (a) of the statutes is amended to read:

46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b), (kw), (kz) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and to county aging units, as provided in subs. (2), (2m) and (7) to (8) (9).

****NOTE: This is reconciled s. 46.40 (1) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0271/3 and LRB-0275/4.

SECTION 1085. 46.40 (1) (bm) of the statutes is created to read:

46.40 (1) (bm) If the department receives any federal moneys under 42 USC 1396 to 1397e in reimbursement of moneys distributed under par. (a) to counties having a population of less than 500,000 for the provision of case management services for a child who is a recipient of medical assistance, the department shall distribute those federal moneys under sub. (2) to counties having a population of less than 500,000.

SECTION 1086. 46.40 (2) of the statutes is amended to read:

46.40 (2) BASIC COUNTY ALLOCATION. For Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $285,081,000 $277,177,800 for fiscal year 1997 -- 98 1999-2000 and $284,948,500 $279,462,400 for fiscal year 1998-99 2000-01. Of those amounts, the department shall distribute not more than $4,500,000 in each fiscal year, as provided in s. 46.495 (3), based on performance standards developed under s. 46.47 and incorporated into the contracts under s. 46.031 (2g).

SECTION 1087. 46.40 (2m) (a) of the statutes is amended to read:

46.40 (2m) (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 $10,493,900 in fiscal year 1997-98 and not more than $10,224,100 in fiscal year 1998-99 $11,318,600 in each fiscal year.

SECTION 1088. 46.40 (8) of the statutes is amended to read:

46.40 (8) ALZHEIMER'S FAMILY AND CAREGIVER SUPPORT ALLOCATION. For Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $1,877,000 for each fiscal year.

SECTION 1089. 46.40 (9) of the statutes is created to read:

46.40 (9) TRANSFER OR ADJUSTMENT OF COMMUNITY AIDS ALLOCATIONS. (a) Transfer to family care program and adult protective services allocation. If a care management organization under s. 46.285 is available in a county, the department may dispose of the amount allocated under sub. (8) to that county and not more than 21.3% of the amount allocated under sub. (2) to that county as follows:

1. By transferring a portion of those amounts, as determined by the department, to the family care program to fund the services of resource centers under s. 46.283 (5) and the services of care management organizations under s. 46.284 (4).

2. By transferring a portion of those amounts, as determined by the department, to the county's adult protective services allocation under par. (b).

(b) Adult protective services allocation. For adult protective services, the department shall distribute the amounts transferred under par. (a) 2. in each fiscal year.

(c) Adjustment for medical assistance by-in program. If a former recipient of services funded under the allocation under sub. (2) is a participant in the medical assistance buy-in program under s. 49.472, the department may decrease that allocation by the amount that the department estimates it will incur in providing services to that participant under s. 49.472.

****NOTE: Section 46.40 (9) (a) and (b) as created by this SECTION, cross-reference the family care program that is being created by LRB-0030. If LRB-0030 is not included in the budget, s. 46.40 (9) (a) and (b) must be deleted from this draft. Similarly, s. 46.40 (9) (c), as created by this SECTION, cross-references the medical assistance buy-in program that is being created in LRB-0266. If LRB-0266 is not included in the budget, s. 46.40 (9) (c) must be deleted from this draft.

SECTION 1090. 46.45 (2) (a) of the statutes is amended to read:

SECTION 1091. 46.45 (2) (a) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the combined amount received under 42 USC 670 to 679a and 42 USC 1396 to 1397e and distributed under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families. A county shall use not less than 50% of the moneys distributed to the county under this paragraph for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2006, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 (2).

****NOTE: This is reconciled s. 46.45 (2) (a). This SECTION has been affected by drafts with the following LRB numbers: LRB-0271/3 and LRB-0274/1.

SECTION 1092. 46.47 of the statutes is amended to read:

46.47 Community aids performance standards. The department, after consultation with the department of administration and with county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, shall develop performance standards for services funded by community aids funds allocated under s. 46.40. The department shall implement incorporate the performance standards no later than July 1, 1996 into all contracts under s. 46.031 (2g) that cover contract periods beginning on or after January 1, 2000.

SECTION 1093. 46.48 (3) of the statutes is renumbered 46.481 (1).

SECTION 1094. 46.48 (6) of the statutes is amended to read:

46.48 (6) CAREER YOUTH DEVELOPMENT CENTER. The department shall distribute $110,000 $80,000 in each fiscal year to the career youth development center in the city of Milwaukee. Of these amounts, $80,000 shall be distributed in each fiscal year for the operation of a minority youth substance abuse treatment program and $30,000 shall be distributed in each fiscal year for drug prevention programs for high school athletes in the Milwaukee public school system.

SECTION 1095. 46.48 (9) of the statutes is renumbered 46.481 (2).

SECTION 1096. 46.48 (27) of the statutes is renumbered 46.481 (3) and amended to read:

46.481 (3) GRANTS TO RUNAWAY PROGRAMS. The department shall distribute $100,000 $50,000 in each fiscal year as grants to programs that provide services for runaways runaway children.

****NOTE: This is reconciled s. 46.481 (3). This subsection has been affected by LRB-0027.

SECTION 1097. 46.48 (28) of the statutes is renumbered 46.481 (4).

SECTION 1098. 46.48 (29) of the statutes is amended to read:

46.48 (29) ARC COMMUNITY SERVICES, INC. The department shall distribute $87,500 in fiscal year 1997-98 and $175,000 in each fiscal year 1998-99 to ARC Community Services, Inc., for a program to provide substance abuse day treatment services for pregnant and postpartum women and their infants.

SECTION 1099. 46.481 (intro.) of the statutes is created to read:

46.481 Grants for children's community programs. (intro.) From the appropriation under s. 20.435 (3) (bc), the department shall distribute the following grants for children's community programs:

SECTION 1100. 46.485 (2g) (intro.) of the statutes is amended to read:

46.485 (2g) (intro.) From the appropriation under s. 20.435 (5) (4) (b), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (kb) for distribution under this section and from the appropriation under s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:

SECTION 1101. 46.485 (3r) of the statutes is amended to read:

46.485 (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 s. 20.435 (5) (4) (b).

SECTION 1102. 46.495 (1) (am) of the statutes is amended to read:

46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw), (kz) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

SECTION 1103. 46.495 (1) (d) of the statutes is amended to read:

46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw), (kz) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and, (8) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

****NOTE: This is reconciled s. 46.495 (1) (d). This SECTION has been affected by drafts with the following LRB numbers: LRB-0271/3 and LRB-0275/4.