AB150: Bill Text

****Note: This is reconciled s. 46.033 (1) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2048 Section 2048. 46.033 (1) (b) of the statutes is renumbered 49.33 (1) (c).

AB150, s. 2049 Section 2049. 46.033 (2) of the statutes is renumbered 49.33 (3).

AB150, s. 2050 Section 2050. 46.036 (1) of the statutes is amended to read:

AB150,819,16 46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

AB150, s. 2051 Section 2051 . 46.036 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,820,5 46.036 (1) All care and services purchased by the department or by a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, except as provided under subch. III of ch. 49, shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

****Note: This is reconciled s. 46.036 (1). This Section has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.

AB150, s. 2052 Section 2052. 46.041 (1) (a) of the statutes is amended to read:

AB150,820,13 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under ch. 48, the institutions and services under the jurisdiction of the department, university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.

AB150, s. 2053 Section 2053. 46.049 of the statutes, as affected by 1993 Wisconsin Act 385, is renumbered 301.20 and amended to read:

AB150,821,4 301.20 Training school for delinquent boys. The department, with the approval of the governor, may purchase or accept a gift of land for a suitable site for an additional training school for delinquent boys and erect and equip such buildings as it deems necessary at such time as funds may be allocated for that purpose by the building commission. The training school or other additional facilities for delinquent boys financed by the authorized 1965-67 building program shall be located north of a line between La Crosse and Manitowoc. The department shall operate and maintain the institution for the treatment of delinquent boys who are placed in a secured correctional facility under s. 48.34 (4m) under the supervision of the department under s. 48.34 (4g). All laws pertaining to the care of children received under s. 48.34 shall apply. Officers and employes of the institution are subject to the same laws as apply to other facilities described in s. 48.52 48.557.

AB150, s. 2054 Section 2054. 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 479, section 8, and 481, section 9, is amended to read:

AB150,822,9 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including university of Wisconsin hospital and clinics University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

AB150, s. 2055 Section 2055 . 46.10 (2) of the statutes, as affected by 1993 Wisconsin Acts 385, 479 and 481 and 1995 Wisconsin Act .... (this act), is amended to read:

AB150,823,14 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person, including but not limited to a person admitted, committed or placed under s. 975.01, 1977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.34 (4m), 48.357 (4) and (5) (e), 48.366, 51.10, 51.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14 (2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under s. 51.42 or 51.437 or from a facility established under s. 49.175 49.73, and any person receiving treatment and services from a public or private agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.

****Note: This is reconciled s. 46.10 (2). This Section has been affected by drafts with the following LRB numbers: -2017/3 and -2153/1.

AB150, s. 2056 Section 2056. 46.175 of the statutes is amended to read:

AB150,824,2 46.175 County institutions: minimum standards. Notwithstanding any other provision of law, any county currently operating an institution established under s. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 51.08 or 51.09 may, by resolution of the county board, designate such institution or distinct part of such institution as a facility to be operated under s. 50.02, 50.03 or 50.33. Any county institution or part thereof, where so designated, shall be required to meet those licensure standards established by the department for the type of facility designated by the county. Any designation under this section may be made only if such designation will not result in any additional cost to the state.

AB150, s. 2057 Section 2057. 46.18 (13) of the statutes is amended to read:

AB150,824,13 46.18 (13) Building reserve fund. The county board shall maintain as a segregated cash reserve an annual charge of 2% of the original cost of new construction or purchase or of the appraised value of existing infirmary structures and equipment. If the infirmary or any of its equipment is replaced, any net cost of replacement in excess of the original cost is subject to an annual charge of 2%. No contributions to the cash reserve in excess of the amount required under this subsection may be included in the calculation under s. 49.173 (1) 49.726 (1). The county board may from time to time appropriate from such reserve sums to be expended solely for the enlargement, modernization or replacement of such infirmary and its equipment.

AB150, s. 2058 Section 2058. 46.206 of the statutes is amended to read:

AB150,824,22 46.206 (title) Welfare Social services; supervisory functions of state department. (1) (a) The department shall supervise the administration of social services and aid to families with dependent children, including related employment and training programs, except as provided under subch. III of ch. 49. The department shall submit to the federal authorities state plans for the administration of social services and aid under s. 49.19, except as provided under subch. III of ch. 49, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

AB150,825,4 (b) All records of the department and all county records relating to social services, aid to families with dependent children and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. 48.396 (2), all county records relating to the administration of such the services and public assistance shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB150,825,16 (bm) All records of the department relating to aid provided under s. 49.177, 49.19, 49.46, 49.465, 49.468 or, 49.47 or 49.77 are open to inspection at reasonable hours by members of the legislature who require the information contained in the records in pursuit of a specific state legislative purpose. All records of any county relating to aid provided under s. 49.177, 49.19, 49.46, 49.465, 49.468 or, 49.47 or 49.77 are open to inspection at reasonable hours by members of the board of supervisors of the county or the governing body of a city, village or town located in the county who require the information contained in the records in pursuit of a specific county or municipal legislative purpose. The right to records access provided by this paragraph does not apply if access is prohibited by federal law or regulation or if this state is required to prohibit such access as a condition precedent to participation in a federal program in which this state participates.

AB150,825,25 (c) The department may at any time audit all county records relating to the administration of such the services and public assistance specified in this section and may at any time conduct administrative reviews of county departments under ss. 46.215 and 46.22. If the department conducts such an audit or administrative review in a county, it the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.21 or 46.22.

AB150,826,3 (2) The county administration of all laws relating to social services and aid to families with dependent children, except with respect to the programs under subch. III of ch. 49, shall be vested in the officers and agencies designated in the statutes.

AB150, s. 2059 Section 2059. 46.208 of the statutes is amended to read:

AB150,826,9 46.208 (title) General Emergency medical relief; functions of state department. (1) All records of the county or tribal governing body relating to the administration of general emergency medical relief, if the department reimburses the county or tribal governing body under s. 49.035, shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB150,826,19 (2m) The department may at any time audit all records of the general emergency medical relief agency relating to the administration of general emergency medical relief, if the department reimburses the county or tribal governing body under s. 49.035 and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22 or 46.23. The department shall furnish a copy of the a county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22 or 46.23.

AB150, s. 2060 Section 2060. 46.21 (1) (d) of the statutes is amended to read:

AB150,827,2 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, general emergency medical relief, income maintenance, youth probation and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, exceptional educational services for children from birth to the age of 3 and manpower services.

AB150, s. 2061 Section 2061. 46.21 (2m) (c) of the statutes is amended to read:

AB150,827,13 46.21 (2m) (c) Exchange of information. Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and 253.07 (3) (c), any subunit of the county department of human services acting under this subsection may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or with any person providing services to the client under a purchase of services contract with the county department of human services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of human services to coordinate the delivery of services to the client.

AB150, s. 2062 Section 2062. 46.21 (7) of the statutes is amended to read:

AB150,827,17 46.21 (7) Applicability. Except as provided in s. 59.07 (153), this section does not apply, with respect to the county hospital under s. 49.16 (2) 49.71 (2), if the county board of supervisors acts under s. 59.07 (153).

AB150, s. 2063 Section 2063. 46.215 (1) (intro.) of the statutes is amended to read:

AB150,828,2 46.215 (1) Creation; powers and duties. (intro.) In a county with a population of 500,000 or more the administration of welfare services is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. and in conformity with s. 49.50. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. The county department of social services shall have the following functions, duties and powers, and such other welfare functions as may be delegated to it:

AB150, s. 2064 Section 2064. 46.215 (1) (a) of the statutes is amended to read:

AB150,828,7 46.215 (1) (a) To make investigations relating to relief or welfare administration and admissions to state and, county and other institutions upon request of court, superintendent, district attorney, veterans' service commission or any other county official.

AB150, s. 2065 Section 2065. 46.215 (1) (d) of the statutes is amended to read:

AB150,828,12 46.215 (1) (d) To make investigations which that relate to welfare services under subchs. II, IV and V of ch. 49 upon request by the department of health and social services and to make investigations that relate to programs under subch. III of ch. 49 upon request by the department of industry, labor and human relations.

AB150, s. 2066 Section 2066. 46.215 (1) (fm) of the statutes is amended to read:

AB150,828,16 46.215 (1) (fm) To administer general emergency medical relief under s. 49.02, if the county elects to operate an emergency medical relief program under that section.

AB150, s. 2067 Section 2067. 46.215 (1) (j) of the statutes is amended to read:

AB150,828,21 46.215 (1) (j) To make payments in such manner as the department of health and social services industry, labor and human relations may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. 49.193 and 49.50 (7) 49.26 (1).

AB150, s. 2068 Section 2068. 46.215 (1) (L) of the statutes is amended to read:

AB150,829,2 46.215 (1) (L) Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for persons eligible for or receiving benefits under the supplementary security income program under federal Title XVI, the supplemental payments program under s. 49.177 49.77 or aid to families with dependent children under s. 49.19.

AB150, s. 2069 Section 2069. 46.215 (1) (n) of the statutes is amended to read:

AB150,829,14 46.215 (1) (n) To collect and transmit information to the department of health and social services administration so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under s. 49.80 (4) 16.385 (4) or weatherization services under s. 16.39; to provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 49.80 (8) 16.385 (8).

AB150, s. 2070 Section 2070. 46.215 (2) (a) of the statutes is renumbered 46.215 (2) (a) 1. and amended to read:

AB150,830,2 46.215 (2) (a) 1. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of health and social services, with public or voluntary agencies or others to purchase, in full or in part, care and services , except as provided under subch. III of ch. 49, which the county department of social services is authorized by any statute to furnish in any manner. Such This care and these services may be purchased from the department of health and social services if the department of health and social services has staff to furnish the care and services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.

AB150, s. 2071 Section 2071. 46.215 (2) (a) 2. of the statutes is created to read:

AB150,830,13 46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of industry, labor and human relations, with public or voluntary agencies or others to purchase, in full or in part, care and services under subch. III of ch. 49 which the county department of social services is authorized to furnish. This care and these services may be purchased from the department of industry, labor and human relations if the department of industry, labor and human relations has staff to furnish the services. If the county department of social services has adequate staff, it may sell the care and services directly to another county or state agency.

AB150, s. 2072 Section 2072. 46.215 (2) (b) of the statutes is amended to read:

AB150,830,21 46.215 (2) (b) A county department of social services may purchase development and training services from the department of health and social services, from the department of industry, labor and human relations or from other county agencies when such the services are available. A county department of social services may sell such the development and staff training services to another county or state agency if it the county department has adequate staff to provide such the services.

AB150, s. 2073 Section 2073. 46.215 (2) (c) of the statutes is amended to read:

AB150,831,10 46.215 (2) (c) A county department of social services shall submit to the department of health and social services develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased. The contracts shall be developed under s. 46.036. The department of health and social services shall may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and social services shall reimburse each county for the approved contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), as appropriate, under s. 49.52.

AB150, s. 2074 Section 2074. 46.215 (2) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.215 (2) (c) 1. and amended to read:

AB150,831,24 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49. The department of health and social services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of health and social services to submit the contracts to the committee for review and approval. The department of health and social services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and social services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd), as appropriate, under s. 49.52 46.495.

****Note: This is reconciled s. 46.215 (2) (c) 1. This Section has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.

AB150, s. 2075 Section 2075. 46.215 (2) (c) 2. of the statutes is created to read:

AB150,832,10 46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services to be purchased under subch. III of ch. 49. The department of industry, labor and human relations may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for such purposes. The joint committee on finance may require the department of industry, labor and human relations to submit the contracts to the committee for review and approval. The department of industry, labor and human relations may not make any payments to a county for programs included in a contract under review by the committee.

****Note: This is reconciled s. 46.215 (2) (c) 2. This Section has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.

AB150, s. 2076 Section 2076. 46.215 (3) of the statutes is amended to read:

AB150,832,15 46.215 (3) Program budgets. The county department of social services shall submit a final budget to the department of health and social services under s. 46.031 (1) and to the department of industry, labor and human relations under s. 49.325 (1), for authorized services.

AB150, s. 2077 Section 2077. 46.22 (1) (am) of the statutes is amended to read:

AB150,832,21 46.22 (1) (am) Funding for multicounties. State social services funding under s. 20.435 (7) (b) is not available to counties which establish a multicounty department of social services until the counties have drafted a contractual agreement, approved by the secretary, setting forth the plans for direct sponsorship and have drafted a budget under par. (b) 8 1. d.

AB150, s. 2078 Section 2078. 46.22 (1) (b) (intro.) of the statutes is renumbered 46.22 (1) (b) 1. (intro.).

AB150, s. 2079 Section 2079. 46.22 (1) (b) 1. of the statutes is repealed.

AB150, s. 2080 Section 2080. 46.22 (1) (b) 2. of the statutes is renumbered 46.22 (1) (b) 1. a.

AB150, s. 2081 Section 2081. 46.22 (1) (b) 2. of the statutes is created to read:

AB150,833,9 46.22 (1) (b) 2. A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated by the department of industry, labor and human relations and subject to the supervision of the department of industry, labor and human relations:

AB150,833,10 a. To administer aid to families with dependent children under s. 49.19.

AB150,833,12 b. To maintain administrative and reporting relationships with all pertinent state departments.

AB150,833,14 c. To make investigations as provided under subch. III of ch. 49 upon request by the department of industry, labor and human relations.

AB150,833,16 d. To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029.

AB150,833,19 e. To make payments in such manner as the department of industry, labor and human relations may determine for training of recipients, former recipients and potential recipients of aid in programs established under ss. 49.193 and 49.26 (1).

AB150,833,21 f. To submit a final budget in accordance with s. 49.325 (1) for services authorized in this subdivision.

AB150,833,23 g. To make certification or referral of eligibles for state or federal works or other assistance programs under subch. III of ch. 49, eligibility for which is based on need.

AB150, s. 2082 Section 2082. 46.22 (1) (b) 3. of the statutes is renumbered 46.22 (1) (b) 1. b. and amended to read:

AB150,834,3 46.22 (1) (b) 1. b. To make investigations which relate to welfare services, except as provided under subch. III of ch. 49, upon request by the department of health and social services.

AB150, s. 2083 Section 2083. 46.22 (1) (b) 3. of the statutes is created to read:

AB150,834,8 46.22 (1) (b) 3. A county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated and standards established by the department of health and social services and subject to the supervision of the department of industry, labor and human relations:

AB150,834,10 a. To maintain administrative and reporting relationships with all pertinent state departments.

AB150,834,12 b. To make investigations which relate to programs under s. 49.046 upon request by the department of health and social services.

AB150,834,14 d. To submit a final budget to the department of industry, labor and human relations in accordance with s. 49.325 for services authorized in this subdivision.

****Note: This is reconciled s. 46.22 (1) (b) 3. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2084 Section 2084. 46.22 (1) (b) 4. of the statutes is repealed.