Amendment ASA1-AB133

AB133-ASA1,617,3 (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).

AB133-ASA1,617,7 (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.

AB133-ASA1,617,9 (m) Make and execute other instruments necessary or convenient to exercise the powers of the family care district.

AB133-ASA1,617,11 (5) Limitation on powers. A family care district may not issue bonds or levy a tax or assessment.

AB133-ASA1,617,12 (6) Duties. The family care district board shall do all of the following:

AB133-ASA1,617,13 (a) Appoint a director, who shall hold office at the pleasure of the board.

AB133-ASA1,617,15 (b) Subject to sub. (8), develop and implement a personnel structure and other employment policies for employes of the family care district.

AB133-ASA1,617,17 (c) Assure compliance with the terms of any contract with the department under sub. (4) (d).

AB133-ASA1,617,19 (d) Establish a fiscal operating year and annually adopt a budget for the family care district.

AB133-ASA1,617,20 (e) Contract for any legal services required for the family care district.

AB133-ASA1,617,25 (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.

AB133-ASA1,618,2 (7) Director; duties. The director appointed under sub. (6) (a) shall do all of the following:

AB133-ASA1,618,5 (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.

AB133-ASA1,618,7 (b) Comply with the bylaws and direct enforcement of all policies and procedures adopted by the family care district board.

AB133-ASA1,618,9 (c) Perform duties in addition to those specified in pars. (a) and (b) as are prescribed by the family care district board.

AB133-ASA1,618,11 (8) Employment and employe benefits of certain employes. (a) A family care district board shall do all of the following:

AB133-ASA1,618,23 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.

AB133-ASA1,619,7 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.

AB133-ASA1,619,14 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.

AB133-ASA1,619,19 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.

AB133-ASA1,619,21 (b) The county board of supervisors of the area of jurisdiction of the family care district shall do all of the following:

AB133-ASA1,619,24 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.

AB133-ASA1,620,4 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.

AB133-ASA1,620,9 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.

AB133-ASA1,620,14 (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).

AB133-ASA1,620,22 (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.

AB133-ASA1,620,25 (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.

AB133-ASA1,621,5 (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.

AB133-ASA1,621,12 (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:

AB133-ASA1,621,15 (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.

AB133-ASA1,621,18 (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.

AB133-ASA1, s. 1083 Section 1083. 46.29 (1) (intro.) of the statutes is amended to read:

AB133-ASA1,621,23 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:

AB133-ASA1, s. 1084 Section 1084. 46.40 (1) (a) of the statutes is amended to read:

AB133-ASA1,622,6 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) 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).

AB133-ASA1, s. 1084m Section 1084m. 46.40 (1) (am) of the statutes is created to read:

AB133-ASA1,622,14 46.40 (1) (am) In distributing funds for alcohol and other drug abuse treatment programs, the department shall ensure that federal funds received by the department, either directly or indirectly, under the temporary assistance for needy families block grant under 42 USC 601 et. seq., that are allocated for alcohol and other drug abuse treatment programs are distributed only for alcohol and other drug abuse treatment programs that serve individuals who are eligible for temporary assistance for needy families under 42 USC 601 et. seq.

AB133-ASA1, s. 1086 Section 1086. 46.40 (2) of the statutes is amended to read:

AB133-ASA1,622,19 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 $283,778,800 for fiscal year 1997-98 1999-2000 and $284,948,500 $279,886,800 for fiscal year 1998-99 2000-01.

AB133-ASA1, s. 1087 Section 1087. 46.40 (2m) (a) of the statutes is amended to read:

AB133-ASA1,622,24 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 $11,318,700 in each fiscal year.

AB133-ASA1, s. 1088 Section 1088. 46.40 (8) of the statutes is amended to read:

AB133-ASA1,623,4 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.

AB133-ASA1, s. 1089 Section 1089. 46.40 (9) of the statutes is created to read:

AB133-ASA1,623,10 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:

AB133-ASA1,623,13 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).

AB133-ASA1,623,15 2. By transferring a portion of those amounts, as determined by the department, to the county's adult protective services allocation under par. (b).

AB133-ASA1,623,18 (b) Adult protective services allocation. For adult protective services, the department shall distribute the amounts transferred under par. (a) 2. in each fiscal year.

AB133-ASA1,623,23 (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.

AB133-ASA1, s. 1091d Section 1091d. 46.45 (2) (a) of the statutes is amended to read:

AB133-ASA1,624,14 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 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. 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).

AB133-ASA1, s. 1091m Section 1091m. 46.46 (2) of the statutes is amended to read:

AB133-ASA1,625,4 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 specified in sub. (1), 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.

AB133-ASA1, s. 1092d Section 1092d. 46.47 of the statutes is repealed.

AB133-ASA1, s. 1093 Section 1093. 46.48 (3) of the statutes is renumbered 46.481 (1).

AB133-ASA1, s. 1094 Section 1094. 46.48 (6) of the statutes is amended to read:

AB133-ASA1,625,13 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.

AB133-ASA1, s. 1095 Section 1095. 46.48 (9) of the statutes is renumbered 46.481 (2).

AB133-ASA1, s. 1096 Section 1096. 46.48 (27) of the statutes is renumbered 46.481 (3) and amended to read:

AB133-ASA1,625,19 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.

AB133-ASA1, s. 1097 Section 1097. 46.48 (28) of the statutes is renumbered 46.481 (4).

AB133-ASA1, s. 1098 Section 1098. 46.48 (29) of the statutes is amended to read:

AB133-ASA1,625,25 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.

AB133-ASA1, s. 1099 Section 1099. 46.481 (intro.) of the statutes is created to read:

AB133-ASA1,626,4 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:

AB133-ASA1, s. 1100 Section 1100. 46.485 (2g) (intro.) of the statutes is amended to read:

AB133-ASA1,626,11 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:

AB133-ASA1, s. 1101 Section 1101. 46.485 (3r) of the statutes is amended to read:

AB133-ASA1,626,15 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).

AB133-ASA1, s. 1103 Section 1103. 46.495 (1) (d) of the statutes is amended to read:

AB133-ASA1,627,10 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) 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.

AB133-ASA1, s. 1104g Section 1104g. 46.513 of the statutes is created to read:

AB133-ASA1,627,19 46.513 Services for children and families. From the appropriation under s. 20.435 (3) (bm), the department shall distribute grants to counties in each fiscal year to fund services for children and families. The department shall determine the amount of a county's grant under this section based on the county's proportion of the state's population as last estimated by the department of administration under s. 16.96. The department of health and family services shall distribute the grants under this section in the calendar year after the calendar year in which the amount available for those grants is certified by the department of revenue under s. 77.63 (2).

AB133-ASA1, s. 1105 Section 1105. 46.70 (2) of the statutes is amended to read:

AB133-ASA1,628,7 46.70 (2) From the appropriations under s. 20.435 (7) (dL) (kL) and (o), the department may make available to any of the 11 federally recognized tribal governing bodies in this state funds for the purposes stated in sub. (1). Beginning July 1, 1991, and ending September 30, 1991, the department may award to each tribal governing body up to $6,800. Beginning October 1, 1991, and ending September 30, 1992, the department may award to each tribal governing body up to $27,200. Beginning October 1, 1992, and ending June 30, 1993, the department may award to each tribal governing body up to $20,400. Receipt of funds is contingent upon department approval of an application submitted by a tribal governing body. The department may partially approve any application and provide only part of the funds requested. Each application shall contain a plan for expenditure of funds, consistent with the purposes stated in sub. (1).

AB133-ASA1, s. 1106 Section 1106. 46.71 (1) (intro.) of the statutes is amended to read:

AB133-ASA1,628,15 46.71 (1) (intro.) From the appropriation under s. 20.435 (7) (dm) (km), the department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:

AB133-ASA1, s. 1107 Section 1107. 46.71 (2) of the statutes is amended to read:

AB133-ASA1,628,18 46.71 (2) The amount of funds allocated by the department under sub. (1) may not exceed the amounts appropriated under s. 20.435 (7) (dm) (km).

AB133-ASA1, s. 1108 Section 1108. 46.715 of the statutes is repealed.

AB133-ASA1, s. 1109 Section 1109. 46.76 (3) of the statutes is repealed.

AB133-ASA1, s. 1110 Section 1110. 46.765 of the statutes is repealed.

AB133-ASA1, s. 1111 Section 1111. 46.81 (2) of the statutes is amended to read:

AB133-ASA1,629,2 46.81 (2) From the appropriation under s. 20.435 (7) (dj) (dh), the department shall allocate $2,298,400 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.

AB133-ASA1, s. 1112 Section 1112. 46.81 (5) of the statutes is amended to read:

AB133-ASA1,629,7 46.81 (5) From the appropriation under s. 20.435 (7) (dj) (dh) the department shall allocate $182,500 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.

AB133-ASA1, s. 1113 Section 1113. 46.82 (3) (a) 19. of the statutes is created to read:

AB133-ASA1,629,12 46.82 (3) (a) 19. If an aging unit under sub. (1) (a) 1. or 2. and if authorized under s. 46.283 (1) (a) 1., apply to the department to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

AB133-ASA1, s. 1114 Section 1114. 46.82 (3) (a) 20. of the statutes is created to read: