AB150: Bill Text

AB150,838,4 46.22 (1) (e) 1. In order to ensure the availability of a full range of care and services, a county department of social services may contract, either directly or through the department of health and social services, the department of industry, labor and human relations or the department of corrections, with public or voluntary agencies or others to purchase, in full or in part, care and services which the county department of social services is authorized by any statute to furnish in any manner. The services may be purchased from the department of health and social services, the department of industry, labor and human relations or the department of corrections if the department of health and social services , the department of industry, labor and human relations or the department of corrections has staff to furnish the services. The county department of social services, if it has adequate staff, may sell the care and services directly to another county or state agency.

AB150, s. 2103 Section 2103. 46.22 (1) (e) 2. of the statutes is amended to read:

AB150,838,11 46.22 (1) (e) 2. A county department of social services may purchase development and training services from the department of health and social services, the department of industry, labor and human relations or the department of corrections or from other county agencies if the services are available or sell the development and staff training services to another county or state agency if the county department of social services has adequate staff to provide the services.

AB150, s. 2104 Section 2104. 46.22 (1) (e) 3. of the statutes is amended to read:

AB150,838,25 46.22 (1) (e) 3. 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 to the extent that 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 the contract that is 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), according to s. 49.52.

AB150, s. 2105 Section 2105. 46.22 (1) (e) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.22 (1) (e) 3. a. and amended to read:

AB150,839,14 46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services , except under subch. III of ch. 49, to be purchased. The department of health and social services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that 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 the contract that is 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), according to s. 49.52 46.495.

****Note: This is reconciled s. 46.22 (1) (e) 3. a. This Section has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.

AB150, s. 2106 Section 2106. 46.22 (1) (e) 3. b. of the statutes is created to read:

AB150,840,2 46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for care and services under subch. III of ch. 49 to be purchased. The department of industry, labor and human relations may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that 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 the contract that is under review by the committee.

****Note: This is reconciled s. 46.22 (1) (e) 3. b. This Section has been affected by drafts with the following LRB numbers: -0442/1 and -2153/1.

AB150, s. 2107 Section 2107. 46.22 (2) (b) of the statutes is amended to read:

AB150,840,8 46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.

AB150, s. 2108 Section 2108. 46.22 (2g) (d) of the statutes is amended to read:

AB150,840,16 46.22 (2g) (d) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49, and a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49.

AB150, s. 2109 Section 2109. 46.22 (3m) (a) of the statutes is amended to read:

AB150,841,2 46.22 (3m) (a) In any county with a county executive or a county administrator which has established a single-county department of social services, the county executive or county administrator, subject to s. 49.50 (2) to (5) 49.33 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.07 (20) or ch. 63.

AB150, s. 2110 Section 2110. 46.22 (3m) (b) 12. of the statutes is amended to read:

AB150,841,6 46.22 (3m) (b) 12. Establish priorities in addition to those mandated by the department of health and social services or by the department of industry, labor and human relations.

AB150, s. 2111 Section 2111. 46.22 (3m) (b) 17. b. of the statutes is amended to read:

AB150,841,10 46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and social services, the secretary of industry, labor and human relations and the county board of supervisors.

AB150, s. 2112 Section 2112. 46.23 (2) (a) of the statutes is amended to read:

AB150,841,17 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, general emergency medical relief, income maintenance, probation and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, exceptional educational services and manpower services.

AB150, s. 2113 Section 2113. 46.23 (3) (a) of the statutes is amended to read:

AB150,842,2 46.23 (3) (a) Creation. Upon approval by the secretary and by the secretary of industry, labor and human relations of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.

AB150, s. 2114 Section 2114. 46.23 (3) (am) 4. of the statutes is amended to read:

AB150,842,7 46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary and by the secretary of industry, labor and human relations, setting forth the plan for joint sponsorship.

AB150, s. 2115 Section 2115. 46.23 (3) (c) of the statutes is repealed.

AB150, s. 2116 Section 2116. 46.23 (3) (e) of the statutes is amended to read:

AB150,842,18 46.23 (3) (e) Exchange of information. Notwithstanding ss. 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 a county department of human services acting under this section 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. 2117 Section 2117. 46.23 (5) (a) of the statutes is renumbered 46.23 (5) (a) 1. and amended to read:

AB150,842,25 46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under subch. III of ch. 49, within limits established by the department of health and social services. Policy decisions, except as provided under subch. III of ch. 49, not reserved by statute for the department of health and social services may be delegated by the secretary to the county human services board.

AB150, s. 2118 Section 2118. 46.23 (5) (a) 2. of the statutes is created to read:

AB150,843,6 46.23 (5) (a) 2. Shall determine administrative and program policies under subch. III of ch. 49 within limits established by the department of industry, labor and human relations. Policy decisions under subch. III of ch. 49 not reserved by statute for the department of industry, labor and human relations may be delegated by the secretary of industry, labor and human relations to the county human services board.

AB150, s. 2119 Section 2119. 46.23 (5) (b) of the statutes is amended to read:

AB150,843,10 46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and social services or the department of industry, labor and human relations.

AB150, s. 2120 Section 2120. 46.23 (5) (c) of the statutes is renumbered 46.23 (5) (c) 1. and amended to read:

AB150,843,16 46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under subch. III of ch. 49, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.

AB150, s. 2121 Section 2121. 46.23 (5) (c) 2. of the statutes is created to read:

AB150,843,21 46.23 (5) (c) 2. Shall determine whether state mandated services under subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.

AB150, s. 2122 Section 2122. 46.23 (5) (n) of the statutes is renumbered 46.23 (5) (n) 1. and amended to read:

AB150,844,4 46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under s. 49.52 (1) (d) 46.495 or 51.423 (2), with the approval of the department of health and social services the county human services board may expend these funds consistent with any service provided under s. 49.52 (1) (d) 46.495 or 51.42.

AB150, s. 2123 Section 2123. 46.23 (5) (n) 2. of the statutes is created to read:

AB150,844,7 46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under subch. III of ch. 49.

AB150, s. 2124 Section 2124. 46.23 (5m) (c) of the statutes is amended to read:

AB150,844,15 46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator and, a final budget for submission to the department of health and social services in accordance with s. 46.031 (1) for authorized services, except services under subch. III of ch. 49, and a final budget for submission to the department of industry, labor and human relations in accordance with s. 49.325 for authorized services under subch. III of ch. 49.

AB150, s. 2125 Section 2125. 46.23 (6) (a) (intro.) of the statutes is amended to read:

AB150,844,25 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and social services under this section for programs, except services or programs under subch. III of ch. 49, and subject to the rules promulgated by the department of industry, labor and human relations for services or programs under subch. III of ch. 49. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:

AB150, s. 2126 Section 2126. 46.23 (6) (a) 3. of the statutes is amended to read:

AB150,845,6 46.23 (6) (a) 3. Such other reports as are required by the secretary of health and social services or by the secretary of industry, labor and human relations and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.

AB150, s. 2127 Section 2127. 46.23 (6m) (a) of the statutes is amended to read:

AB150,845,9 46.23 (6m) (a) Supervise and administer any program established for which supervision and administration is authorized under this section.

AB150, s. 2128 Section 2128. 46.25 (7) of the statutes is amended to read:

AB150,846,2 46.25 (7) The department may represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation. The department may delegate its authority to represent the state in any action to establish paternity or to establish or enforce a support or maintenance obligation under this section to an attorney responsible for support enforcement under s. 59.458 (1) pursuant to a contract entered into under s. 59.07 (97). The department shall ensure that any such contract is for an amount reasonable and necessary to assure quality service. The department may, by such a contract, authorize a county to contract with any attorney, collection agency or other person to collect unpaid child support or maintenance. If a county fails to fully implement the programs under s. 59.07 (97), the department may implement them and may contract with any appropriate person to obtain necessary services. The department shall establish a formula for of industry, labor and human relations may transfer funds appropriated under s. 20.445 (3) (p) to the department of health and social services for the purpose of disbursing the transferred funds appropriated under s. 20.435 (4) (p), under a formula established by the department of health and social services, to carry out a contract under this subsection.

AB150, s. 2129 Section 2129. 46.25 (7m) of the statutes is amended to read:

AB150,846,13 46.25 (7m) The department may contract with or employ a collection agency, attorney or other person to enforce a support obligation of a parent residing outside this state, or who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation, or both. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children.

AB150, s. 2130 Section 2130. 46.25 (12) (a) (intro.) of the statutes is amended to read:

AB150,846,18 46.25 (12) (a) (intro.) Except as provided in par. (b), from the appropriation under s. 20.435 (4) (ch) (ga), the department shall, if sufficient funds are available, pay a county $100 for an action to establish paternity in which all of the following conditions are met:

AB150, s. 2131 Section 2131 . 46.25 (12) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,846,24 46.25 (12) (a) (intro.) Except as provided in par. (b), from the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall, if sufficient funds are available, pay a county $100 for an action to establish paternity in which all of the following conditions are met:

****Note: This is reconciled s. 46.25 (12) (a) (intro.). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1.

AB150, s. 2132 Section 2132. 46.25 (12) (b) of the statutes is amended to read:

AB150,847,5 46.25 (12) (b) From the appropriation under s. 20.435 (4) (ch) (ga), the department shall, if sufficient funds are available, pay $300 to a county that administers the parental responsibility pilot program under s. 49.25 for an action to establish paternity that meets the conditions in par. (a) 1. to 3.

AB150, s. 2133 Section 2133 . 46.25 (12) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,847,11 46.25 (12) (b) From the appropriation under s. 20.435 (4) (ga) (3) (ga), the department shall, if sufficient funds are available, pay $300 to a county that administers the parental responsibility pilot program under s. 49.25 for an action to establish paternity that meets the conditions in par. (a) 1. to 3.

****Note: This is reconciled s. 46.25 (12) (b). This Section has been affected by drafts with the following LRB numbers: -0426/3 and -2153/1

AB150, s. 2134 Section 2134. 46.25 (14) of the statutes is repealed.

AB150, s. 2135 Section 2135. 46.253 (title) of the statutes is renumbered 49.36 (title).

AB150, s. 2136 Section 2136. 46.253 (1) of the statutes is renumbered 49.36 (1).

AB150, s. 2137 Section 2137. 46.253 (2) of the statutes is renumbered 49.36 (2) and amended to read:

AB150,848,2 49.36 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193. The department shall fund the program from the appropriation under s. 20.435 (4) (df) 20.445 (3) (df).

AB150, s. 2138 Section 2138. 46.253 (3) of the statutes is renumbered 49.36 (3).

AB150, s. 2139 Section 2139. 46.253 (4) of the statutes is renumbered 49.36 (4).

AB150, s. 2140 Section 2140. 46.253 (5) of the statutes is renumbered 49.36 (5).

AB150, s. 2141 Section 2141. 46.253 (6) of the statutes is renumbered 49.36 (6).

AB150, s. 2142 Section 2142. 46.253 (7) of the statutes is renumbered 49.36 (7).

AB150, s. 2143 Section 2143. 46.254 (title) of the statutes is renumbered 49.85 (title).

AB150, s. 2144 Section 2144 . 46.254 (1) of the statutes is amended to read:

AB150,848,15 46.254 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that it or the department of health and social services may recover an amount under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), the county department or governing body shall notify the department of health and social services of the determination.

****Note: This is reconciled s. 46.254 (1). This Section has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.

AB150, s. 2145 Section 2145 . 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2144, is amended to read:

AB150,848,23 46.254 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that it or the department of health and social services may recover an amount under s. 49.083, 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e), the county department or governing body shall notify the department of health and social services of the determination.

****Note: This is reconciled 46.254 (1). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2146 Section 2146 . 46.254 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2144 and 2145, is renumbered 49.85 (1) and amended to read:

AB150,849,10 49.85 (1) County department notification requirement. If a county department under s. 46.215, 46.22 or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that it or the department of health and social services may recover an amount under s. 49.125 (1) or (2m), 49.195 (3) or (4m) or 49.497 (1) or (2e) or that the department of industry, labor and human relations may recover an amount under s. 49.125 (1) or (2m) or 49.195 (3) or (4m), the county department or governing body shall notify the affected department of health and social services of the determination.

****Note: This is reconciled 46.254 (1). This Section has been affected by drafts with the following LRB numbers: -0727/3, -1701/3 and -2153/1.

AB150, s. 2147 Section 2147 . 46.254 (2) of the statutes is amended to read:

AB150,849,20 46.254 (2) Department certification. At least annually, the department shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and social services, the department has determined that it may recover to be due under ss. 49.083, 49.125 (1) and (2m), 49.195 (3) and (4m) and 49.497 (1) and (2e), except that the department may not certify an amount under this subsection unless the department has met the notice requirements under sub. (3) and unless the department's determination has either not been appealed or is no longer under appeal.

****Note: This is reconciled s. 46.254 (2). This Section has been affected by drafts with the following LRB numbers: -0726/1, -0727/2, -1701/3 and -2153/1.