46.93 Annotation
The constitutionality of the administration of grant monies by the board is discussed.
76 Atty. Gen. 233.
46.95
46.95
Domestic abuse grants. 46.95(1)
(1)
Definitions. In this section:
46.95(1)(a)
(a) "Domestic abuse" means physical abuse, including a violation of
s. 940.225 (1),
(2) or
(3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.
46.95(1)(b)
(b) "Family member" means a spouse, a parent, a child or a person related by blood or adoption to another person.
46.95(1)(c)
(c) "Household member" means a person currently or formerly residing in a place of abode with another person.
46.95(1)(d)
(d) "Organization" means a nonprofit corporation, a public agency or a federally recognized American Indian tribe or band that provides or proposes to provide any of the following domestic abuse services:
46.95(1)(d)1.
1. Shelter facilities or private home shelter care.
46.95(2)(a)(a) The secretary shall make grants from the appropriations under
s. 20.435 (3) (cd),
(hh) and
(km) to organizations for the provision of any of the services specified in
sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.
46.95(2)(b)
(b) In reviewing applications for grants, the department shall consider:
46.95(2)(b)1.
1. The need for domestic abuse services in the specific community in which the applicant provides services or proposes to provide services.
46.95(2)(b)2.
2. Coordination of the organization's services with other resources in the community and the state.
46.95(2)(b)3.
3. The need for domestic abuse services in the areas of the state served by each health systems agency, as defined in s.
140.83 (1), 1985 stats.
46.95(2)(b)5.
5. Maintenance of effort, by a city, village, town or county.
46.95(2)(c)
(c) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:
46.95(2)(c)5.
5. Arrangements for education of school-age children.
46.95(2)(d)1.1. No organization may receive more than 70% of its operating budget from grants under this section.
46.95(2)(d)2.
2. Not more than 33 1/3% of the 30% of an organization's operating budget not funded by grants under this section may consist of the value of in-kind contributions. The department shall establish guidelines regarding which contributions qualify as in-kind contributions.
46.95(2)(e)
(e) In funding new domestic abuse services, the department shall give preference to services in areas of the state where these services are not otherwise available.
46.95(2)(f)1.
1. Award $545,000 in grants in fiscal year 1997-98 and $995,000 in grants in each fiscal year thereafter to organizations for domestic abuse services that are targeted to children. In awarding the grants, the department shall use a competitive request-for-proposals process and, to the extent possible, shall ensure that the grants are equally distributed on a statewide basis.
46.95(2)(f)5.
5. Expend $20,700 each fiscal year to contract with a nonstate agency to do all of the following:
46.95(2)(f)5.a.
a. Act as liaison among local, state, federal and private housing agencies.
46.95(2)(f)5.c.
c. Coordinate and disseminate information on job training programs.
46.95(2)(f)5.d.
d. Circulate information on successful transitional living programs.
46.95(2)(f)6.
6. Expend $69,700 each fiscal year to provide ongoing training and technical assistance to do all of the following:
46.95(2)(f)6.a.
a. Educate organizations and advocates for victims of domestic abuse about the judicial system.
46.95(2)(f)7.
7. Award a grant of $25,000 in each fiscal year to each of 30 organizations to enhance support services. Funding may be used for such purposes as case management; children's programming; assisting victims of domestic abuse to find employment; and training in and activities promoting self-sufficiency.
46.95(2)(f)8.
8. Award $200,000 in grants in each fiscal year to organizations for domestic abuse services for individuals who are members of underserved populations, including racial minority group members and individuals with mental illness or developmental disabilities. A grant to an organization may not exceed $60,000.
46.95(2)(f)9.
9. Award a grant of $25,000 in fiscal year 1999-2000 and a grant of $50,000 in each fiscal year thereafter to the Wisconsin Coalition Against Domestic Violence for the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.
46.95(2)(g)
(g) Grants made and moneys expended under this subsection from the appropriation under
s. 20.435 (3) (km) may be used only for the benefit of individuals whose family incomes do not exceed 250% of the poverty line, as defined in
s. 49.001 (5).
46.95(2m)
(2m) Reporting requirements. Any organization that receives a grant under this section shall report all of the following information to the department by February 15 annually:
46.95(2m)(a)
(a) The total expenditures that the organization made on domestic abuse services in the period for which the grant was provided.
46.95(2m)(b)
(b) The expenditures specified in
par. (a) by general category of domestic abuse services provided.
46.95(2m)(c)
(c) The number of persons served in the period for which the grant was provided by general type of domestic abuse service.
46.95(2m)(d)
(d) The number of persons who were in need of domestic abuse services in the period for which the grant was provided but who did not receive the domestic abuse services that they needed.
46.95(3)
(3) Council on domestic abuse. The council on domestic abuse shall:
46.95(3)(a)
(a) Review applications for grants under this section and advise the secretary as to whether the applications should be approved or denied. The council shall consider the criteria under
sub. (2) (b) when reviewing the applications.
46.95(3)(b)
(b) Advise the secretary and the legislature on matters of domestic abuse policy.
46.95(3)(c)
(c) Develop with the judicial conference and provide without cost simplified forms for filing petitions for domestic abuse restraining orders and injunctions under
s. 813.12.
46.95 History
History: 1979 c. 111;
1979 c. 355 s.
241;
1981 c. 20 ss.
792c,
792m,
2202 (20) (s);
1983 a. 27 ss.
997m,
998,
2202 (20);
1983 a. 204;
1985 a. 29;
1987 a. 332,
399;
1989 a. 31;
1991 a. 39,
96;
1993 a. 16,
227,
246,
319,
491;
1995 a. 27 ss.
2337 to
2345,
9116 (5);
1997 a. 27,
292;
1999 a. 9,
162.
46.96
46.96
Independent living center grants. 46.96(1)(ah)
(ah) "Independent living center" means a community-based, nonresidential private nonprofit agency that vests power and authority in individuals with disabilities, that is designed and operated within a local community by individuals with disabilities and that provides an array of independent living services, including independent living core services, on a cross-disability basis.
46.96(1)(am)
(am) "Independent living core services" means information and referral services, independent living skills training, peer counseling and individual and systems advocacy.
46.96(1)(b)
(b) "Severely disabled individual" means any individual with a severe physical or mental impairment whose ability to function independently in his or her family or community or whose ability to obtain, maintain or advance in employment is substantially limited and for whom the delivery of independent living services will improve either his or her ability to function independently in his or her family or community or his or her ability to engage in employment.
46.96(2)
(2) The department shall make grants from the appropriations under
s. 20.435 (7) (c) or
(kc) to independent living centers for nonresidential services to severely disabled individuals.
46.96(3m)(a)(a) By July 1, 1994, an independent living center that receives funds under
sub. (2) shall comply with all of the following requirements:
46.96(3m)(a)1.
1. The independent living center shall have a board of directors that is the principal governing body of the independent living center.
46.96(3m)(a)2.
2. Severely disabled individuals shall be substantially involved in policy direction and management of the independent living center and shall be employed by the independent living center.
46.96(3m)(a)3.
3. The independent living center shall offer severely disabled individuals a combination of independent living services that includes, as appropriate, those services that assist severely disabled individuals to increase personal self-determination and to minimize unnecessary dependence upon others.
46.96(3m)(am)1.
1. Any independent living center that first receives funding under this section after June 21, 1996, shall comply with requirements that are specified under
29 USC 796f-4.
46.96(3m)(am)2.
2. Any independent living center that is receiving funding under this section on June 21, 1996, shall comply with requirements under
29 USC 796f-4 by July 1, 1998.
46.96(3m)(b)
(b) The department shall periodically review independent living centers and identify instances of noncompliance with the requirements of
par. (a), if any. If the department identifies an instance of noncompliance, the department shall direct the noncomplying independent living center to comply within a reasonable period of time, which may not be less than 60 days after the date of the directive.
46.972
46.972
Services for homeless individuals. 46.972(2)(b)
(b) From the appropriation under
s. 20.435 (5) (ce), the department shall allocate up to $125,000 in each fiscal year as grants to applying public or nonprofit private entities for the costs of providing primary health services and any other services that may be funded by the program under
42 USC 256 to homeless individuals. Entities that receive funds allocated by the department under this paragraph shall provide the primary health services as required under
42 USC 256 (f). The department may allocate to an applying entity up to 100% of the amount of matching funds required under
42 USC 256 (e).
46.972(3)(b)
(b) From the appropriation under
s. 20.435 (7) (ce), the department may not allocate more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with chronic mental illness. Entities that receive funds allocated by the department under this subsection shall provide the mental health services required under
42 USC 290cc-24. The amount that the department allocates to an applying entity may not exceed 50% of the amount of matching funds required under
42 USC 290cc-23.
46.972(4)
(4) Reporting. On June 30 annually, the department shall submit a copy of the report required under
42 USC 290cc-28 concerning the expenditure of funds under
sub. (3) and a report on the allocation and expenditure of funds under
sub. (2) to the legislature for distribution under
s. 13.172 (2).
46.972 History
History: 1989. a. 31;
1991 a. 39,
189;
1993 a. 16;
1997 a. 27.
46.973
46.973
Drug dependence program. 46.973(1)(b)
(b) "Drug abuse" means the use of a drug in such a manner as to endanger the public health, safety or welfare.
46.973(1)(c)
(c) "Drug dependence" means a condition arising from the periodic or continuous use of a drug which may result in psychic or physical dependence which would affect or potentially affect the public health, safety or welfare.
46.973(2)
(2) A drug dependence and drug abuse program is established in the department. The secretary may develop and carry out programs concerned with education about and prevention of drug dependence and drug abuse, and programs concerned with treatment and rehabilitation of drug dependent persons and persons who abuse drugs. The secretary shall appoint a drug dependence program coordinator to handle liaison with other departments and agencies, including the state council on alcohol and other drug abuse. These programs may include, but are not limited to:
