46.297(3)
(3) Hearing rights. Any person aggrieved by a decision of the department under this section has a right to a contested case hearing under
ch. 227.
46.297(4)
(4) Departmental duties. The department shall:
46.297(4)(a)
(a) Promulgate rules necessary for the administration of this section.
46.297(4)(b)
(b) Establish application procedures and determine eligibility.
46.297 History
History: 1983 a. 427; Stats. 1983 s. 46.90;
1983 a. 538 s.
51; Stats. 1983 s. 46.92;
1987 a. 27;
1987 a. 257 s.
2;
1989 a. 173 s.
3; Stats. 1989 s. 47.20;
1989 a. 316;
1995 a. 27 s.
2421; Stats. 1995 s. 46.297.
46.297 Cross-reference
Cross Reference: See also ch.
HFS 77,
78, and
143, Wis. adm. code.
46.298
46.298
Vehicle sticker for the hearing impaired. Upon the request of a person who is certified as hearing impaired by the department, by a physician, by a hearing instrument specialist licensed under
subch. I of ch. 459 or by an audiologist licensed under
subch. II of ch. 459, the department shall issue to the person a decal or sticker for display on a motor vehicle owned or frequently operated by the person to apprise law enforcement officers of the fact that the vehicle is owned or operated by a hearing-impaired person. No charge shall be made for issuance of the decal or sticker. The department shall specify the design of the decal or sticker. The department shall designate the location on the vehicle at which the decal or sticker shall be affixed by its own adhesive.
46.298 History
History: 1987 a. 257;
1989 a. 31;
1989 a. 173 s.
4; Stats. 1989 s. 47.25;
1989 a. 316;
1995 a. 27 s.
2422; Stats. s. 46.298.
46.30
46.30
Community action agencies. 46.30(1)
(1)
Definitions. In this section:
46.30(1)(a)
(a) "Limited-purpose agency" means a private, nonprofit organization that is a statewide organization whose project has statewide impact.
46.30(1)(b)
(b) "Poor person" means a resident of a community served by a community action agency, whose income is at or below 125% of the poverty line.
46.30(1)(c)
(c) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902 (2).
46.30(2)(a)1.1. A community action agency is any of the entities specified in
par. (b) that meets the following conditions:
46.30(2)(a)1.c.
c. Receives the approval of the county board of supervisors, if the community action agency serves an entire county, or, if the agency serves a city, village or town, receives the approval of the city's, village's or town's legislative body.
46.30(2)(a)2.
2. Each private, nonprofit community action agency shall be governed by a board consisting of 15 to 51 members, chosen from the following groups:
46.30(2)(a)2.a.
a. One-third of the members shall be elected public officials or their representatives. If the number of elected public officials who are reasonably available and willing to serve on a governing board is insufficient to meet this requirement, appointed public officials may be substituted. The chief executive or the legislative body of the county, city, village or town that approved the creation of a community action agency under
subd. 1. c. shall appoint these members.
46.30(2)(a)2.b.
b. At least one-third of the members shall represent poor persons in the community to be served by the community action agency, being chosen in accordance with democratic selection procedures adequate to ensure that they are selected by and that they represent poor persons.
46.30(2)(a)2.c.
c. The remaining members shall represent specific groups or areas within the community to be served by the community action agency. The members selected under
subd. 2. a. and
b. shall determine which groups or areas are to be represented and shall delegate to the group, or to residents of the area, the task of selecting the representative. Representatives of an area of the community shall reside within that area.
46.30(2)(a)3.
3. Each community relations-social development commission created under
s. 66.0125 that acts as a community action agency shall modify the composition of its commission so that the commission is composed of 15 to 51 members, chosen from the groups specified in
subd. 2. a. to
c.
46.30(2)(b)
(b) The following entities may organize as community action agencies:
46.30(2)(b)1.
1. Any private, nonprofit community organization, including any migrant or seasonal farm worker organization.
46.30(2)(b)3.
3. Any entity designated by the community services administration as a community action agency under
42 USC 2790 to
2797, in effect on August 1, 1981, for federal fiscal year 1981, unless the agency lost its designation. Any such entity is deemed to meet the conditions under
par. (a) 1.
46.30(2)(c)
(c) The approval of a community action agency may be rescinded but only if there is good cause and if the decision to rescind is made by both the legislative body of the county, city, village or town that granted the approval and the secretary. At least 90 days before rescinding approval, the legislative body or secretary shall notify the community action agency of its reasons for the action and hold a public hearing in the community concerning the action.
46.30(3)(a)(a) A community action agency shall do all of the following:
46.30(3)(a)1.
1. Administer funds received under
sub. (4) and funds from other sources provided to support a community action program.
46.30(3)(a)2.
2. Set personnel, program and fiscal policies. Each community action agency shall set policies and procedures governing employee compensation and employment qualifications for itself and its agents. These policies and procedures shall ensure that employment practices are impartial and are designed to employ only competent persons, and shall guard against personal or financial conflicts of interest. Each community action agency shall also define the duties of its employees regarding advocacy on behalf of poor persons.
46.30(3)(a)3.
3. Involve, to the greatest extent practicable, poor persons in developing and implementing programs in order to ensure that these programs:
46.30(3)(a)3.a.
a. Will stimulate the capabilities of these persons for self-advancement.
46.30(3)(a)3.b.
b. Will be meaningful to and widely utilized by these persons.
46.30(3)(a)4.
4. Allow poor persons to influence the character of programs operated by the community action agency.
46.30(3)(a)5.
5. Involve members of the community in planning, conducting and evaluating its programs.
46.30(3)(a)6.
6. Conduct its program in a manner free of discrimination based on political affiliation and of personal or familial favoritism. Each community action agency shall establish policies and procedures to carry out this requirement and to hold staff members accountable for complying with matters governed by this section and by other state or federal laws, rules or regulations.
46.30(3)(a)7.
7. Release any record of the community action agency for examination or copying upon request, unless disclosure would constitute an unwarranted invasion of an individual's privacy. Each community action agency shall require its agents to make their records similarly available. Each community action agency shall hold public hearings on request to provide information and to receive comments about its activities.
46.30(3)(a)8.
8. Appoint a representative or representatives to the citizen advisory committee under
s. 46.031 (3) (a), in order to participate in developing and implementing programs designed to serve the poor.
46.30(3)(b)3.
3. Create a community action program. If the community action agency creates a program, it shall plan, coordinate, administer and evaluate the program. A community action program may include provisions that will help poor persons:
46.30(3)(b)3.d.
d. Obtain and maintain adequate housing and a suitable living environment.
46.30(3)(b)3.f.
f. Obtain emergency assistance. Through its program, the community action agency may provide emergency supplies or services to meet basic needs.
46.30(3)(b)4.
4. Create methods by which poor persons can work with private groups to solve common problems.
46.30(3)(b)5.
5. Research the causes of and problems created by poverty in the community.
46.30(3)(b)6.
6. Determine if programs to reduce poverty are working effectively.
46.30(3)(b)7.
7. Initiate and sponsor projects to aid poor persons that provide otherwise unavailable services.
46.30(3)(b)8.
8. Transmit information between public and private organizations and otherwise coordinate the provision of public and private social services programs to eliminate overlap and ensure effective delivery of the programs.
46.30(3)(b)9.
9. Contract with other persons to perform the community action agency's functions. The community action agency may delegate responsibility for funding or administering its programs or for making policy determinations concerning a particular geographic area of the community it serves only if poor persons represent at least one-third of the members of the governing body of the agent being delegated this responsibility.
46.30(3)(b)10.
10. Apply for funds from various sources to support a community action program.
46.30(4)(b)
(b) The department shall allocate at least 90% of the funds received under
42 USC 9903 to community action agencies and organizations.
46.30(4)(c)
(c) The department may not allocate more than 5% of the funds received under
42 USC 9903 for state administrative expenses.
46.30(4)(d)
(d) Before January 1 of each year the department shall contract with each agency and organization being funded, specifying the amount of money the organization will receive under this section and the activities to be carried out by the organization.
46.30(5)
(5) City, village or town assistance. A city, village or town may appropriate funds for promoting and assisting a community action agency.
46.33
46.33
Employee counseling referral programs. The department may provide technical assistance to municipalities, counties, school districts and private employers for referral programs for employee counseling. The department may charge fees to cover the costs of these services.
46.33 History
History: 1989 a. 31.
46.34
46.34
Emission standards for hazardous air contaminants. The department may assist the department of natural resources in the development of emission standards for hazardous air contaminants under
s. 285.27 (2) (b).
46.34 History
History: 1993 a. 16;
1995 a. 227.
46.37
46.37
Certain water and sewerage service in Winnebago County. The department, as a member of the tri-institutional Winnebago Mental Health Institute, Winnebago County Asylum, and Sunny View Sanatorium sewer agreement in Winnebago County, is authorized to furnish and charge for water and sewerage services to business and dwelling units located in the privately owned area lying west of the Winnebago Mental Health Institute and bounded on the west by the railroad properties and on the north, east, and south by the grounds of the Winnebago Mental Health Institute, together with any dwelling or other units located on the railroad-owned and state-owned property adjacent to this area.
46.37 History
History: 1973 c. 90 s.
560 (3);
2001 a. 103.
46.40
46.40
Community aids funding. 46.40(1)(a)(a) Within the limits of available federal funds and of the appropriations under
s. 20.435 (3) (o) and
(7) (b) 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
(9).
46.40(1)(b)
(b) Notwithstanding
s. 46.49, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of moneys allocated under
par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in
s. 46.46.
46.40(1)(c)
(c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under
par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding
s. 46.49, if the department receives any federal moneys under
42 USC 670 to
679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.
46.40(2)
(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.
46.40(2m)
(2m) Federal block grant allocations. 46.40(2m)(a)(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 $9,735,700 in each fiscal year.
46.40(2m)(b)
(b)
Community mental health services. For community mental health services under
42 USC 300x to
300x-9, the department shall distribute not more than $2,513,400 in each fiscal year.
46.40(3)
(3) Tribal child care. For child care services under
42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under
s. 20.435 (7) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in
42 USC 9858n (4).
46.40(7)
(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.
46.40(7m)
(7m) Use by county of community aids funds to pay private attorneys for certain proceedings under the children's code. Upon application by a county department under
s. 46.215,
46.22 or
46.23 to the department for permission to use funds allocated to that county department under
sub. (2) to employ private counsel for the purposes specified in this subsection and a determination by the department that use of funds for those purposes does not affect any federal grants or federal funding allocated under this section, the department and the county department shall execute a contract authorizing the county department to expend, as agreed upon in the contract, funds allocated to that county department under
sub. (2) to permit the county department to employ private counsel to represent the interests of the state or county in proceedings under
ch. 48 relating to child abuse or neglect cases, unborn child abuse cases, proceedings to terminate parental rights and any
ch. 48 cases or proceedings involving the Indian child welfare act,
25 USC 1901 to
1963.
46.40(8)
(8) Alzheimer's family and caregiver support allocation. 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 $2,342,800 in each fiscal year.
46.40(9)
(9) Transfer or adjustment of community aids allocations. 46.40(9)(a)(a)
Transfer to family care program and adult protective services allocation. If a care management organization under
s. 46.284 is available in a county, the department may dispose of not more than 21.3% of the amount allocated under
sub. (2) to that county as follows; and, of the amount allocated under
sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under
sub. (8) who, on September 1, 2001, are ineligible for the family care benefit under
s. 46.286, to that county, as follows:
46.40(9)(a)1.
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).
