Amendment CSA1-SB40

SB40-CSA1,581,6 46.2895 (7) (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the family long-term care district board.

SB40-CSA1, s. 1056 Section 1056. 46.2895 (7) (c) of the statutes is amended to read:

SB40-CSA1,581,9 46.2895 (7) (c) Perform duties in addition to those specified in pars. (a) and (b) as are prescribed by the family long-term care district board.

SB40-CSA1, s. 1057 Section 1057. 46.2895 (8) (a) (intro.) of the statutes is amended to read:

SB40-CSA1,581,12 46.2895 (8) (a) (intro.) A family long-term care district board that is created at least in part by a county shall do all of the following:

SB40-CSA1, s. 1058 Section 1058. 46.2895 (8) (a) 1. of the statutes is amended to read:

SB40-CSA1,582,4 46.2895 (8) (a) 1. If the family long-term care district offers employment to any individual who was previously employed by the a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), 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 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 wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance 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 employee of the district, whichever occurs first.

SB40-CSA1, s. 1059 Section 1059. 46.2895 (8) (a) 2. of the statutes is repealed.

SB40-CSA1, s. 1060 Section 1060. 46.2895 (8) (a) 3. of the statutes is amended to read:

SB40-CSA1,582,15 46.2895 (8) (a) 3. If the family long-term care district offers employment to any individual who was previously employed by the a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), 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 employee's years of service may affect the provision of the benefit or the operation of the program.

SB40-CSA1, s. 1061 Section 1061. 46.2895 (8) (a) 4. of the statutes is amended to read:

SB40-CSA1,582,22 46.2895 (8) (a) 4. If the county has not established its own retirement system for county employees, adopt a resolution that the family long-term care district be included within the provisions of the Wisconsin retirement system under s. 40.21 (1). In this resolution, the family long-term care district shall agree to recognize 100% of the prior creditable service of its employees earned by the employees while employed by the district.

SB40-CSA1, s. 1062 Section 1062. 46.2895 (8) (b) (intro.) of the statutes is amended to read:

SB40-CSA1,583,3 46.2895 (8) (b) (intro.) The county board of supervisors of the area of jurisdiction of the family each county that creates a long-term care district shall do all of the following:

SB40-CSA1, s. 1063 Section 1063. 46.2895 (8) (b) 1. of the statutes is amended to read:

SB40-CSA1,583,7 46.2895 (8) (b) 1. If the county has established its own retirement system for county employees, provide that family long-term care district employees are eligible to participate in the county retirement system.

SB40-CSA1, s. 1064 Section 1064. 46.2895 (8) (b) 2. of the statutes is repealed.

SB40-CSA1, s. 1065 Section 1065. 46.2895 (8) (b) 2m. of the statutes is created to read:

SB40-CSA1,583,13 46.2895 (8) (b) 2m. If the long-term care district employs any individual who was previously employed by the county, provide the individual health care coverage that is similar to the health care coverage that the county provided the individual when he or she was employed by the county.

SB40-CSA1, s. 1066 Section 1066. 46.2895 (8) (b) 3. of the statutes is repealed.

SB40-CSA1, s. 1067 Section 1067. 46.2895 (8) (c) of the statutes is created to read:

SB40-CSA1,583,19 46.2895 (8) (c) A long-term care district and any county that created the district and has not withdrawn from or been removed from the district under sub. (14) may enter into an agreement allocating the costs of providing benefits described under this section between the district and the county.

SB40-CSA1, s. 1068 Section 1068. 46.2895 (9) of the statutes is amended to read:

SB40-CSA1,584,2 46.2895 (9) Confidentiality of records. No record, as defined in s. 19.32 (2), of a family long-term care district that contains personally identifiable information, as defined in s. 19.62 (5), concerning an individual who receives services from the family long-term care district may be disclosed by the family long-term care district without the individual's informed consent, except as required to comply with s. 16.009 (2) (p) or 49.45 (4).

SB40-CSA1, s. 1069 Section 1069. 46.2895 (10) of the statutes is amended to read:

SB40-CSA1,584,12 46.2895 (10) Exchange of information. Notwithstanding sub. (9) and ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a family long-term 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 long-term care district, if necessary to enable the family long-term care district to perform its duties or to coordinate the delivery of services to the client.

SB40-CSA1, s. 1070 Section 1070. 46.2895 (11) of the statutes is amended to read:

SB40-CSA1,584,19 46.2895 (11) Obligations and , debts, and responsibilities not those of county. The obligations and debts of the family a long-term care district are not the obligations or debts of the any county that created the family care district. If a long-term care district is obligated by statute or contract to provide or pay for services or benefits, no county is responsible for providing or paying for those services or benefits.

SB40-CSA1, s. 1071 Section 1071. 46.2895 (12) of the statutes is amended to read:

SB40-CSA1,585,2 46.2895 (12) Assistance to family long-term care district. From moneys in the a 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 a long-term care district that the county participated in creating as a gift or may lend moneys to the family long-term care district.

SB40-CSA1, s. 1072 Section 1072. 46.2895 (13) (intro.), (a) and (b) of the statutes are consolidated, renumbered 46.2895 (13) and amended to read:

SB40-CSA1,585,22 46.2895 (13) Dissolution. (intro.) Subject to the performance of the contractual obligations of a family long-term care district and if first approved by the secretary of the department, the family long-term care district may be dissolved by the joint action of the family long-term care district board and each county board of supervisors under sub. (1) (a) or the county boards of supervisors under sub. (1) (b) or tribe or band that created the family long-term care district and has not withdrawn or been removed from the district under sub. (14). If the family a long-term care district that is created by one county or tribe or band is dissolved, the property of the district shall be transferred to the county board of supervisors or tribe or band that created the family care district except as follows: it. (a) If the family a long-term care district was is created under sub. (1) (b), by more than one county or tribe or band, all of the county boards of supervisors counties or tribes or bands that created the district and that have not withdrawn or been removed from the district under sub. (14) shall agree on the apportioning of the family long-term care district's property before the district may be dissolved. (b) If the family long-term 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.

SB40-CSA1, s. 1073 Section 1073. 46.2895 (14) of the statutes is created to read:

SB40-CSA1,586,3 46.2895 (14) Withdrawal or removal of a county or tribe or band. Subject to approval from the department, a long-term care district may establish conditions for a county or tribe or band that participated with one or more counties or tribes or bands in creating the district to withdraw from the district or for the district to remove the county or tribe or band from the district.

SB40-CSA1, s. 1073v Section 1073v. 46.29 (1) (intro.) of the statutes is amended to read:

SB40-CSA1,586,8 46.29 (1) (intro.) From the appropriation under s. 20.435 (6) (a), the department shall allocate up to $10,000 at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

SB40-CSA1, s. 1076 Section 1076. 46.30 (title) of the statutes is renumbered 49.265 (title).

SB40-CSA1, s. 1077 Section 1077. 46.30 (1) of the statutes is renumbered 49.265 (1).

SB40-CSA1, s. 1078 Section 1078. 46.30 (2) of the statutes is renumbered 49.265 (2).

SB40-CSA1, s. 1079 Section 1079. 46.30 (3) (title) of the statutes is renumbered 49.265 (3) (title).

SB40-CSA1, s. 1080 Section 1080. 46.30 (3) (a) (intro.) of the statutes is renumbered 49.265 (3) (a) (intro.).

SB40-CSA1, s. 1081 Section 1081. 46.30 (3) (a) 1. of the statutes is renumbered 49.265 (3) (a) 1.

SB40-CSA1, s. 1082 Section 1082. 46.30 (3) (a) 2. of the statutes is renumbered 49.265 (3) (a) 2.

SB40-CSA1, s. 1083 Section 1083. 46.30 (3) (a) 3. of the statutes is renumbered 49.265 (3) (a) 3.

SB40-CSA1, s. 1084 Section 1084. 46.30 (3) (a) 4. of the statutes is renumbered 49.265 (3) (a) 4.

SB40-CSA1, s. 1085 Section 1085. 46.30 (3) (a) 5. of the statutes is renumbered 49.265 (3) (a) 5.

SB40-CSA1, s. 1086 Section 1086. 46.30 (3) (a) 6. of the statutes is renumbered 49.265 (3) (a) 6.

SB40-CSA1, s. 1087 Section 1087. 46.30 (3) (a) 7. of the statutes is renumbered 49.265 (3) (a) 7.

SB40-CSA1, s. 1088 Section 1088. 46.30 (3) (a) 8. of the statutes is renumbered 49.265 (3) (a) 8. and amended to read:

SB40-CSA1,587,3 49.265 (3) (a) 8. Appoint a representative or representatives to the citizen advisory committee under s. 46.031 49.325 (3) (a), in order to participate in developing and implementing programs designed to serve the poor.

SB40-CSA1, s. 1089 Section 1089. 46.30 (3) (b) of the statutes is renumbered 49.265 (3) (b).

SB40-CSA1, s. 1090 Section 1090. 46.30 (4) (title) of the statutes is renumbered 49.265 (4) (title).

SB40-CSA1, s. 1091 Section 1091. 46.30 (4) (a) of the statutes is renumbered 49.265 (4) (a) and amended to read:

SB40-CSA1,587,10 49.265 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (3) 20.437 (1) (mc) and (md).

SB40-CSA1, s. 1092 Section 1092. 46.30 (4) (b) of the statutes is renumbered 49.265 (4) (b).

SB40-CSA1, s. 1093 Section 1093. 46.30 (4) (c) of the statutes is renumbered 49.265 (4) (c).

SB40-CSA1, s. 1094 Section 1094. 46.30 (4) (d) of the statutes is renumbered 49.265 (4) (d).

SB40-CSA1, s. 1095 Section 1095. 46.30 (5) of the statutes is renumbered 49.265 (5).

SB40-CSA1, s. 1096 Section 1096. 46.40 (1) (a) of the statutes is amended to read:

SB40-CSA1,587,21 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) 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 (9).

SB40-CSA1, s. 1097 Section 1097. 46.40 (1) (b) of the statutes is renumbered 48.563 (1) (b) and amended to read:

SB40-CSA1,588,3 48.563 (1) (b) Notwithstanding s. 46.49 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in s. 46.46 48.567.

SB40-CSA1, s. 1098 Section 1098. 46.40 (1) (c) of the statutes is renumbered 48.563 (1) (c) and amended to read:

SB40-CSA1,588,18 48.563 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49 48.568, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

SB40-CSA1, s. 1099 Section 1099. 46.40 (1) (d) of the statutes is amended to read:

SB40-CSA1,589,2 46.40 (1) (d) If the department of health and family services receives any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department of health and family services shall transfer those moneys to the department of children and families, and the department of children and families shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. s. 48.563 (2) that is budgeted from federal funds.

SB40-CSA1, s. 1100 Section 1100. 46.40 (2) of the statutes is amended to read:

SB40-CSA1,589,6 46.40 (2) Basic county allocation. 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 $242,078,700 $242,725,500 in each fiscal year.

SB40-CSA1, s. 1101 Section 1101 . 46.40 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-CSA1,589,11 46.40 (2) Basic county allocation. 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 $242,725,500 $176,068,400 in each fiscal year.

SB40-CSA1, s. 1101p Section 1101p. 46.40 (2m) (b) of the statutes is amended to read:

SB40-CSA1,589,15 46.40 (2m) (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in each fiscal year.

SB40-CSA1, s. 1102 Section 1102. 46.40 (3) of the statutes is renumbered 48.563 (3) and amended to read:

SB40-CSA1,589,23 48.563 (3) Tribal child care. For child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under s. 20.435 (7) 20.437 (1) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).

SB40-CSA1, s. 1103 Section 1103. 46.40 (7m) of the statutes is renumbered 48.563 (7m) and amended to read:

SB40-CSA1,590,15 48.563 (7m) Use by county of community children and family aids funds to pay private attorneys for certain proceedings under the children's code. Upon application by a county department under s. 46.215, 46.22, or 46.23 to the department for permission to use funds allocated to that county department under sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under ch. 48 this chapter relating to child abuse or neglect cases, unborn child abuse cases, proceedings to terminate, termination of parental rights, and any ch. 48 cases or proceedings involving the Indian child welfare act Child Welfare Act, 25 USC 1901 to 1963.

SB40-CSA1, s. 1104a Section 1104a. 46.40 (9) (a) of the statutes is renumbered 46.40 (9) (ar) and amended to read:

SB40-CSA1,590,25 46.40 (9) (ar) Transfer to family care program and adult protective services allocation. If a care management organization under s. 46.284 is available in a county, the department may dispose of not more than 21.3% of the amount allocated under sub. (2) to that county as follows; and, of the amount allocated under sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under sub. (8) who, on September 1, 2001, are ineligible for the family care benefit under s. 46.286, to that county, as follows:

SB40-CSA1,591,4 1. By transferring a portion of those amounts that amount, 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).

SB40-CSA1,591,6 2. By transferring a portion of those amounts that amount, as determined by the department, to the county's adult protective services allocation under par. (b).

SB40-CSA1, s. 1104c Section 1104c. 46.40 (9) (ag) of the statutes is created to read:

SB40-CSA1,591,12 46.40 (9) (ag) Adjustment for family care. If a care management organization under s. 46.284 is available in a county and the county has under s. 46.281 (4) agreed to a reduction in its distribution under sub. (2), the department shall use the amount established under s. 46.281 (4) to fund the services of care management organizations under s. 46.284 (4).

SB40-CSA1, s. 1104g Section 1104g. 46.40 (9) (b) of the statutes is amended to read:

SB40-CSA1,591,16 46.40 (9) (b) Adult protective services allocation. For adult protective services, the department shall distribute the amounts transferred under par. (a) (ar) 2. in each fiscal year.

SB40-CSA1, s. 1106 Section 1106. 46.45 (2) (a) of the statutes is renumbered 48.565 (2) (a) and amended to read:

SB40-CSA1,592,13 48.565 (2) (a) Subject to par. (am), if on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 48.563 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 48.563 (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, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, 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 48.563 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) 20.437 (1) (j).

SB40-CSA1, s. 1107 Section 1107. 46.45 (2) (am) of the statutes is renumbered 48.565 (2) (am) and amended to read:

SB40-CSA1,592,19 48.565 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 48.47 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a, the department shall reduce that county's distribution under par. (a) by 50%.

SB40-CSA1, s. 1108 Section 1108. 46.45 (2) (b) of the statutes is renumbered 48.565 (2) (b).