Wisconsin Legislature: 33,1159

33,1145 Section 1145. 46.40 (2) of the statutes is amended to read:

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 $244,745,200 for fiscal year 2001-02 and $244,703,400 for fiscal year 2002-03 $242,078,700 in each fiscal year.

33,1146 Section 1146. 46.40 (7) of the statutes is amended to read:

46.40 (7) Family support allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $4,589,800 in fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.

33,1147 Section 1147. 46.45 (2) (a) of the statutes is amended to read:

46.45 (2) (a) If Subject to par. (am), 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 amount received under 42 USC 670 to 679a and allocated 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, 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 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).

33,1148 Section 1148. 46.45 (2) (am) of the statutes is created to read:

46.45 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 (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%.

33,1149 Section 1149. 46.45 (3) (a) of the statutes is amended to read:

46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year, not including the amount allocated to the county under s. 46.40 (7), which amount may be carried forward as provided in par. (c). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other Other funds carried forward under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

33,1150 Section 1150. 46.45 (3) (am) of the statutes is repealed.

33,1151 Section 1151. 46.45 (3) (c) of the statutes is created to read:

46.45 (3) (c) At the request of a county, the department shall carry forward up to 5% of the amount allocated to the county under s. 46.40 (7) for a calendar year. All funds carried forward under this paragraph shall be used for the purpose for which the funds were originally allocated, except that a county may not use any of those funds for administrative or staff costs. All funds carried forward under this paragraph that are not spent or encumbered by a county December 31 of the calendar year to which those funds were carried forward shall lapse to the general fund on the succeeding January 1. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).

33,1152 Section 1152. 46.45 (6) of the statutes is renumbered 46.45 (6) (a) and amended to read:

46.45 (6) (a) The department may carry forward 10% of any funds specified in sub. (3) (a) that are not carried forward under sub. (3) (a) for emergencies, for justifiable unit services costs above planned levels, and to provide compensation for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

33,1153 Section 1153. 46.45 (6) (b) of the statutes is created to read:

46.45 (6) (b) The department may carry forward any funds specified in sub. (3) (c) that are not carried forward under sub. (3) (c) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).

33,1154d Section 1154d. 46.46 (1) of the statutes is amended to read:

46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v, to the purposes specified in 2003 Wisconsin Act .... (this act), section 9124 (9c), and to any other purpose provided for by the legislature by law or in budget determinations and shall distribute moneys to counties as provided in sub. (1g). In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. subs. (1m) and (2).

33,1154e Section 1154e. 46.46 (1) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

33,1155 Section 1155. 46.46 (1g) of the statutes is created to read:

46.46 (1g) The department shall distribute not less than 50% of the moneys received under 42 USC 1396 to 1396v as a result of the augmentation activities specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb) to counties that are participating in those activities for community social, mental health, developmental disabilities, and alcohol and other drug abuse services under s. 46.40. The department may distribute any moneys received under 42 USC 1396 to 1396v as a result of the augmentation activities specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb) that are not distributed under this subsection to counties that are participating in those activities as provided in sub. (2).

33,1156d Section 1156d. 46.46 (1m) of the statutes is amended to read:

46.46 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s. 48.48 (17).

33,1157 Section 1157. 46.46 (2) of the statutes is amended to read:

46.46 (2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purpose purposes specified in sub. subs. (1), (1g), and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

33,1157b Section 1157b. 46.46 (2) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is repealed.

33,1158 Section 1158. 46.48 (6) (title) of the statutes is repealed.

33,1159 Section 1159. 46.48 (6) of the statutes is renumbered 16.964 (9) (a) and amended to read:

16.964 (9) (a) The department shall distribute A grant in the amount of $80,000 in each fiscal year to the career youth development center Career Youth Development Center in the city of Milwaukee for the operation of a minority youth substance abuse treatment program.

33,1159c Section 1159c. 46.48 (7) of the statutes is repealed.

33,1160 Section 1160. 46.481 (2) (title) of the statutes is repealed.

33,1161 Section 1161. 46.481 (2) of the statutes is renumbered 16.964 (9) (b) and amended to read:

16.964 (9) (b) The department shall award A grant in the amount of $5,000 in each fiscal year as a grant to the Milwaukee police athletic league Police Athletic League to purchase sports and recreational equipment for a gymnasium facility located at 2449 N. 36th Street in the city of Milwaukee and for a gymnasium facility located at 2544 N. 30th Street in the city of Milwaukee, and to contribute to the operating expenses of those gymnasium facilities.

33,1162 Section 1162. 46.481 (4) (title) of the statutes is repealed.

33,1163 Section 1163. 46.481 (4) of the statutes is renumbered 16.964 (9) (c) and amended to read:

16.964 (9) (c) The department shall distribute A grant in the amount of $50,000 in each fiscal year as grants to court-appointed special advocate programs that are recognized by a chief judge of a judicial administrative district under s. 48.07 (5) to perform advocacy services in proceedings under s. 48.13.

33,1164 Section 1164. 46.481 (6) (title) of the statutes is repealed.

33,1165 Section 1165. 46.481 (6) of the statutes is renumbered 16.964 (9) (d) and amended to read:

16.964 (9) (d) The department shall distribute A grant in the amount of $50,000 in each fiscal year to the children's safe house child care program Children's Safe House Child Care Program in Kenosha County for the operation of that program.

33,1166 Section 1166. 46.485 (2g) (intro.) of the statutes is amended to read:

46.485 (2g) (intro.) From the appropriation accounts under s. 20.435 (4) (b) and (gp), 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:

33,1167m Section 1167m. 46.485 (2g) (b) (intro.) of the statutes is created to read:

46.485 (2g) (b) (intro.) Any of the following applies to the county:

33,1168m Section 1168m. 46.485 (2g) (b) of the statutes is renumbered 46.485 (2g) (b) 1.

33,1169 Section 1169. 46.485 (2g) (b) 2. of the statutes is created to read:

46.485 (2g) (b) 2. The county provides service coordination, as defined in s. 46.56 (1) (L), on behalf of a child with a serious emotional disturbance and the child's family in the county.

33,1170 Section 1170. 46.485 (3g) of the statutes is amended to read:

46.485 (3g) The amount that the department may transfer under sub. (2g) for a county counties may not exceed the estimated state share of payments under s. 49.45, 49.46 or 49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county severe emotional disturbances.

33,1171 Section 1171. 46.485 (3r) of the statutes is amended to read:

46.485 (3r) Funds that a county does not encumber from the appropriation under s. 20.435 (7) (kb) that the department does not distribute to a county before 24 months after June 30 of the fiscal year in which the department allocated the funds were distributed to the county under sub. (2g) lapse to the appropriation under s. 20.435 (4) (b). A county may at any time expend funds that the department distributes to the county, consistent with the requirements under sub. (3m).

33,1172 Section 1172. 46.85 (1) of the statutes is amended to read:

46.85 (1) The department may establish and operate a senior companion program Senior Companion Program modeled after the federal senior companion program Senior Companion Program under 42 USC 5011 (b), in effect on April 30, 1980. If operated, the program shall engage the services of low-income persons aged 60 or over to provide supportive person-to-person assistance in health, education, recreation, welfare and related fields to persons aged 60 or over with special needs who reside in their own homes, and it may engage other persons aged 60 or older, regardless of income, as volunteers in similar activities. The department may also establish and operate a retired senior volunteers program Retired Senior Volunteer Program modeled after the federal retired senior volunteers program Retired Senior Volunteer Program under 42 USC 5001, in effect on April 30, 1980, to provide voluntary services in a community. If operated, the program shall engage persons aged 60 55 or over older as volunteers.

33,1173 Section 1173. 46.85 (3) of the statutes is repealed.

33,1174 Section 1174. 46.85 (3m) (a) of the statutes is amended to read:

46.85 (3m) (a) From the appropriation under s. 20.435 (7) (dh), the department shall provide a state supplement to federally funded senior companion and retired senior volunteer program Senior Companion Program and Retired Senior Volunteer Program units that were in operation on December 1, 1988, and administered by qualified public and non-profit private agencies.

33,1176 Section 1176. 46.90 (4) (b) 2. a. of the statutes is repealed.

33,1177 Section 1177. 46.90 (4) (b) 2. b. of the statutes is amended to read:

46.90 (4) (b) 2. b. Any employee of an employer not described in subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under s. 106.54 (5).

33,1178 Section 1178. 46.90 (4) (b) 2. c. of the statutes is amended to read:

46.90 (4) (b) 2. c. Any person not described in this subd. 2. a. or b. who is retaliated or discriminated against in violation of subd. 1. may commence an action in circuit court for damages incurred as a result of the violation.

33,1179 Section 1179. 46.93 of the statutes is repealed.

33,1180 Section 1180. 46.973 (3) of the statutes is amended to read:

46.973 (3) The department may accept, receive, administer, and expend any money, material, or other gifts or grants of any description for purposes related to those set forth in this section. Moneys and grants received under this section shall be deposited with the state treasurer secretary of administration and shall be credited to the department under s. 20.435 (2) (i) and expended by the department or the state council on alcohol and other drug abuse for the purposes specified.

33,1183 Section 1183. 46.997 (2) (b) of the statutes is amended to read:

46.997 (2) (b) The department of health and family services shall award the grants under par. (a) on a competitive basis and according to request-for-proposal procedures that the department of health and family services shall prescribe in consultation with the department of workforce development, the adolescent pregnancy prevention and pregnancy services board, local health departments, as defined in s. 250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under par. (a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency's target population and that cultural competency is incorporated in the private agency's policies, administration, and practices. In awarding the grants under par. (a), the department of health and family services shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.

33,1184 Section 1184. 47.02 (6) (a) of the statutes is amended to read:

47.02 (6) (a) From the appropriation under s. 20.445 (5) (bm) (a), provide financial aid to any person with a disability who is receiving vocational rehabilitation training and who has no other source of aid.

33,1185 Section 1185. 47.03 (4) (b) of the statutes is amended to read:

47.03 (4) (b) The department may charge a portion of the expenses of its supervised business enterprise program to the net proceeds of each business operating under the program. The department shall establish the procedure for setting these charges by rule, with the participation of a committee of blind vendors established under 20 USC 107b-1. The department shall deposit the moneys from the charges made under this paragraph in the appropriations appropriation accounts under ss. 20.435 (7) (kd) and s. 20.445 (5) (h) and (he).

33,1186 Section 1186. 47.03 (7) of the statutes is amended to read:

47.03 (7) If the department decides that a business under sub. (4) would not be feasible and profitable in any state building, the department may contract with vending machine operators to install vending machines in the building, giving preference to blind operators of vending machines. The department may, under the procedures established as required under sub. (4) (b), charge the net proceeds of each business operating under this subsection. The department shall deposit the moneys from the charges made under this subsection in the appropriations appropriation account under s. 20.445 (5) (h) and (hd) and shall disburse the proceeds to provide services to blind persons under sub. (4) in accordance with 20 USC 107 to 107f.

33,1187 Section 1187. 47.03 (11) (e) of the statutes is amended to read:

47.03 (11) (e) The department shall distribute at least $218,600 from the appropriations in s. 20.445 (5) (bm) (a) and (na) (n) in each fiscal year for homecraft services relating to the marketing and distribution of homecraft products for each client who participates in the homecraft program.

33,1188 Section 1188. 48.275 (2) (d) of the statutes is amended to read:

48.275 (2) (d) 1. In a county having a population of less than 500,000, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

2. In a county having a population of 500,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the state treasurer secretary of administration, who shall deposit the amount paid in the general fund and credit 25% of the amount paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L).

33,1189 Section 1189. 48.715 (3) (a) 3. of the statutes is amended to read:

48.715 (3) (a) 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

33,1189g Section 1189g. 48.981 (1) (b) of the statutes is amended to read:

48.981 (1) (b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 child caring institution or a Type 2 secured correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the halfway house program under s. 301.0465, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534 or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or any other person under contract with the department of corrections, the department of health and family services or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 to exercise custody or supervision over the offender.

33,1189r Section 1189r. 48.981 (1) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

33,1190 Section 1190. 48.985 (2) of the statutes is amended to read:

48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,964,400 $3,809,600 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.

33,1194 Section 1194. 49.138 (1m) (intro.) of the statutes is amended to read:

49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) (dz) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster, or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

33,1223m Section 1223m. 49.147 (1m) of the statutes is renumbered 49.147 (1m) (b) and amended to read: