46.03(20)(a)(a) Except for payments provided under
ch. 48 or
subch. III of ch. 49, the department may make payments directly to recipients of public assistance or to such persons authorized to receive such payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under
ch. 48 or
subch. III of ch. 49, the department may charge the counties for the cost of operating public assistance systems which make such payments.
46.03(20)(b)
(b) The department may make social service payments directly to recipients, vendors or providers in accordance with law and rules of the department on behalf of the counties which have contracts to have such payments made on their behalf.
46.03(20)(c)
(c) The county department under
s. 46.215,
46.22 or
46.23 shall provide the department with information which the department shall use to determine each person's eligibility and amount of payment. The county department under
s. 46.215,
46.22 or
46.23 shall provide the department all necessary information in the manner prescribed by the department.
46.03(20)(d)
(d) The department shall disburse from state or federal funds or both the entire amount and charge the county for its share under
s. 46.495.
46.03(22)
(22) Community living arrangements for adults. 46.03(22)(a)(a) In this subsection, "community living arrangement for adults" means a community-based residential facility, as defined in
s. 50.01 (1g).
46.03(22)(b)
(b) Community living arrangements for adults shall be subject to the same building and housing ordinances, codes, and regulations of the municipality or county as similar residences located in the area in which the facility is located.
46.03(22)(c)
(c) The department shall designate a subunit to keep records and supply information on community living arrangements for adults under
ss. 59.69 (15) (f),
60.63 (7), and
62.23 (7) (i) 6. The subunit shall be responsible for receiving all complaints regarding community living arrangements for adults and for coordinating all necessary investigatory and disciplinary actions under the laws of this state and under the rules of the department relating to the licensing of community living arrangements for adults.
46.03(22)(d)
(d) A community living arrangement for adults with a capacity for 8 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to single-family or 2-family residences. A community living arrangement for adults with a capacity for 15 or fewer persons shall be a permissible use for purposes of any deed covenant which limits use of property to more than 2-family residences. Covenants in deeds which expressly prohibit use of property for community living arrangements for adults are void as against public policy.
46.03(22)(e)
(e) If a community living arrangement for adults is required to obtain special zoning permission, as defined in
s. 59.69 (15) (g), the department shall, at the request of the unit of government responsible for granting the special zoning permission, inspect the proposed facility and review the program proposed for the facility. After such inspection and review, the department shall transmit to the unit of government responsible for granting the special zoning permission a statement that the proposed facility and its proposed program have been examined and are either approved or disapproved by the department.
46.03(25)
(25) Uniform regulation and licensing. The department shall promulgate rules to establish licensing and program compliance standards for care and residential facilities, hospitals, hotels, restaurants and the vending of food and beverages after due consideration of the relationship of a licensing code to other related licensing codes, the need for uniform administration, the need to maximize the use of federal funds and the need to encourage the development and operation of needed facilities statewide. In establishing licensing standards designed to ensure that the facility qualifies for federal financial participation, the department shall establish federal regulations as the base requirement. The department may promulgate such additional health and safety standards as it determines to be in the public interest.
46.03(26)
(26) Data processing projects. Submit a report each December 31 to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), regarding the data processing projects under development. The report shall include:
46.03(26)(b)
(b) Estimates of development and operating costs; and
46.03(26)(c)
(c) Proposed methods of determining charges for service where applicable.
46.03(30)
(30) Primary psychiatric care contracts. 46.03(30)(a)(a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under
s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to
s. 16.848, explore the possible sale or lease of such excess facilities to a county department under
s. 51.42.
46.03(30)(b)
(b) No contract may be approved for a period of time greater than one year, and no contract shall be approved except under
par. (c).
46.03(30)(c)
(c) The counties where the mental health institutes are located may contract with the institutes for primary psychiatric care on an ongoing basis, which contracts shall be approved by the department and shall be renewed annually.
46.03(33)
(33) Relief; American Indians. The department may negotiate and enter into an agreement with any appropriate agency of the federal government for provision of relief to needy American Indians.
46.03(34)
(34) Fetal alcohol syndrome and drug danger pamphlets. The department shall acquire, without cost if possible, pamphlets that describe the causes and effects of fetal alcohol syndrome and the dangers to a fetus of the mother's use of cocaine or other drugs during pregnancy and shall distribute the pamphlets free of charge to each county clerk in sufficient quantities so that each county clerk may provide pamphlets to marriage license applicants under
s. 765.12 (1) (a).
46.03(37)
(37) First aid instruction. In connection with first aid and cardiopulmonary resuscitation instruction to fitness center employees required under
s. 100.178, do all of the following:
46.03(37)(b)
(b) Approve individuals, organizations or institutions of higher education which teach fitness center employees basic first aid and basic cardiopulmonary resuscitation under
s. 100.178 (2).
46.03(38)
(38) Automatic external defibrillator instruction. Approve individuals, organizations, or institutions of higher education to provide instruction in the use of an automated external defibrillator, as defined in
s. 146.50 (1) (cr) [
s. 256.15 (1) (cr)], for persons who are required as a condition of licensure, certification, or registration to have current proficiency in the use of an automatic external defibrillator.
46.03 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
46.03(40)
(40) Grants for pilot programs or demonstration projects. Comply with all of the following whenever the department provides a grant after August 15, 1991, for a pilot program or demonstration project:
46.03(40)(a)
(a) State on the grant application that the funding for the program or project will be provided by the department once or for a limited period of time, whichever is applicable.
46.03(40)(b)
(b) Require the applicant to provide, as part of the grant application, a plan that describes:
46.03(40)(b)1.
1. How activities funded by the grant will be phased out or how the program or project will be eliminated; or
46.03(40)(b)2.
2. What other funding sources will be available to support the program or project when state funding is eliminated.
46.03(41)
(41) Consolidation of allocated tribal funds. The department may consolidate funds appropriated under
s. 20.435 that are authorized or required to be allocated to federally recognized American Indian tribes or bands into a single distribution for each tribe or band in each fiscal year.
46.03(42)
(42) Administrative hearings and appeals. Any hearing under
s. 227.42 granted by the department may be conducted before the division of hearings and appeals in the department of administration.
46.03(43)
(43) Compulsive gambling awareness campaigns. From the appropriation account under
s. 20.435 (7) (kg), provide grants to one or more individuals or organizations in the private sector to conduct compulsive gambling awareness campaigns.
46.03 History
History: 1971 c. 270 s.
104;
1973 c. 90;
1973 c. 284 ss.
2,
32;
1973 c. 333;
1975 c. 39,
82;
1975 c. 189 s.
99 (1), (2);
1975 c. 224,
377,
413,
422;
1977 c. 29,
193;
1977 c. 196 s.
131;
1977 c. 203,
205,
271,
354;
1977 c. 418 ss.
287 to
289m,
924 (18) (d);
1977 c. 447,
449;
1979 c. 32 s.
92 (1);
1979 c. 34;
1979 c. 175 s.
46;
1979 c. 221,
331,
352;
1981 c. 20,
81;
1981 c. 314 s.
144;
1981 c. 390;
1983 a. 27,
193;
1983 a. 435 s.
7;
1983 a. 447,
474;
1983 a. 532 s.
36;
1985 a. 19,
29,
120,
176,
234,
285,
328,
331;
1985 a. 332 s.
251 (3);
1987 a. 3,
5,
27,
161,
186,
307,
339,
385,
399,
403,
413;
1989 a. 31 ss.
938m to
951,
2909g,
2909i;
1989 a. 56,
105,
107,
122;
1991 a. 39,
277;
1993 a. 16 ss.
851 to
859,
3072d;
1993 a. 98,
377,
385,
446,
481;
1995 a. 27 ss.
2026m to
2038b,
9126 (19);
1995 a. 77,
201,
225,
352,
370,
404,
448;
1997 a. 3,
27,
111,
283,
292;
1999 a. 9,
83;
2001 a. 16,
59,
61,
109;
2003 a. 33;
2005 a. 25,
293,
406;
2005 a. 443 s.
265;
2007 a. 20 ss.
800 to
823,
9121 (6) (a);
2007 a. 96,
104.
46.03 Cross-reference
Cross Reference: See also
DHS, Wis. adm. code.
46.03 Annotation
The legislative intent underlying sub. (22) (d) supports a holding that a community living arrangement with a capacity of 10 persons was not barred by a deed covenant limiting use to a single-family residence. Crowley v. Knapp,
94 Wis. 2d 421,
288 N.W.2d 815 (1980).
46.03 Annotation
Sections 46.03 (18) and 46.10 do not constitute an unlawful delegation of legislative power. In Matter of Guardianship of Klisurich,
98 Wis. 2d 274,
296 N.W.2d 742 (1980).
46.03 Annotation
Retroactive application of sub. (22) is constitutional. Overlook Farms v. Alternative Living,
143 Wis. 2d 485,
422 N.W.2d 131 (Ct. App. 1988).
46.03 Annotation
Sub. (18) and s. 46.10 (3) permit the department to promulgate rules that consider non-liable family members' incomes in determining a liable family member's ability to pay. In Interest of A.L.W.
153 Wis. 2d 412,
451 N.W.2d 416 (1990).
46.03 Annotation
Sub. (18) (b) imposes liability upon minors and parents for the costs of services, but does not give counties an automatic right of recovery. Section 46.10 governs enforcement procedure and allows courts to exercise discretion. In Matter of S.E. Trust,
159 Wis. 2d 709,
465 N.W.2d 231 (Ct. App. 1990).
46.03 Annotation
The uniform fee system under sub. (18) and s. 46.10 allows imputing income and, consequently, looking beyond tax returns to determine ability to pay. Interest of Kevin C.
181 Wis. 2d 146,
510 N.W.2d 746 (Ct. App. 1993).
46.03 Annotation
"Prisons and jails" as used in sub. (22) (a) are defined. 69 Atty. Gen. 52.
46.031
46.031
County social service and mental hygiene budget and contract. 46.031(1)(a)(a) Each county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 shall submit to the department by December 31 annually its final budget for services directly provided or purchased.
46.031(2)
(2) Assessment of needs. Before developing and submitting a proposed budget to the county executive or county administrator or the county board, the county departments listed in
sub. (1) shall assess needs and inventory resources and services, using an open public participation process.
46.031(2g)(a)(a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds and such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.
46.031(2g)(b)
(b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds not used to match state funds under
ss. 46.495 (1) (d) and
51.423. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department, and shall comply with standards guaranteeing quality of care comparable to similar facilities.
46.031(2g)(c)
(c) The joint committee on finance may require the department to submit contracts between county departments under
ss. 46.215,
46.22,
46.23,
51.42 and
51.437 and providers of service to the committee for review and approval.
46.031(2r)(a)(a) The department, after reasonable notice, may withhold a portion of the appropriation allocated to a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 if the department determines that that portion of the allocated appropriation:
46.031(2r)(a)1.
1. Is for services which duplicate or are inconsistent with services being provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.
46.031(2r)(a)2.
2. Is inconsistent with state or federal statutes, rules or regulations, in which case the department may also arrange for provision of services by an alternate agency. The department may not arrange for provision of services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.
46.031(2r)(a)3.
3. Is for the treatment of alcoholics in treatment facilities which have not been approved by the department in accordance with
s. 51.45 (8).
46.031(2r)(a)4.
4. Is for inpatient treatment in excess of an average of 21 days, as provided in
s. 51.423 (12), excluding care for patients at the centers for the developmentally disabled.
46.031(2r)(a)5.
5. Is inconsistent with the provisions of the county department's contract under
sub. (2g).
46.031(2r)(b)
(b) If the department withholds a portion of the allocable appropriation under
par. (a), the county department affected by the action of the department may submit to the county board of supervisors in a county with a single-county department or to its designated agent or the county boards of supervisors in counties with a multicounty department or their designated agents a plan to rectify the deficiency found by the department. The county board of supervisors or its designated agent in a county with a single-county department or the county boards of supervisors in counties with a multicounty department or their designated agents may approve or amend the plan and may submit for departmental approval the plan as adopted. If a multicounty department is administering a program, the plan may not be submitted unless each county board of supervisors which participated in the establishment of the multicounty department, or its designated agent, adopts it.
46.031(3)
(3) Open public participation process. 46.031(3)(a)(a)
Citizen advisory committee. Except as provided in
par. (b), the county board of supervisors of each county or the county boards of supervisors of 2 or more counties jointly shall establish a citizen advisory committee to the county departments under
ss. 46.215,
46.22,
46.23,
51.42, and
51.437. The citizen advisory committee shall advise in the formulation of the budget under
sub. (1). Membership on the committee shall be determined by the county board of supervisors in a county with a single-county committee or by the county boards of supervisors in counties with a multicounty committee and shall include representatives of those persons receiving services, providers of service and citizens. A majority of the members of the committee shall be citizen and service consumers. The committee's membership may not consist of more than 25% county supervisors, nor of more than 20% service providers. The chairperson of the committee shall be appointed by the county board of supervisors establishing it. In the case of a multicounty committee, the chairperson shall be nominated by the committee and approved by the county boards of supervisors establishing it. The county board of supervisors in a county with a single-county committee or the county boards of supervisors in counties with a multicounty committee may designate an agent to determine the membership of the committee and to appoint the committee chairperson or approve the nominee.
46.031(3)(b)
(b)
Alternate process. The county board of supervisors or the boards of 2 or more counties acting jointly may submit a report to the department on the open public participation process used under
sub. (2). The county board of supervisors may designate an agent, or the boards of 2 or more counties acting jointly may designate an agent, to submit the report. If the department approves the report, establishment of a citizen advisory committee under
par. (a) is not required.
46.031(3)(c)
(c)
Yearly report. The county board of supervisors or its designated agent, or the boards of 2 or more counties acting jointly or their designated agent, shall submit to the department a list of members of the citizen advisory committee under
par. (a) or a report on the open public participation process under
par. (b) on or before July 1 of each year.
46.034
46.034
Authority to establish services integration and coordination pilot programs. 46.034(1)
(1) The department, in order to discharge more effectively its responsibilities under this chapter and
chs. 51,
250, and
251 and other relevant provisions of the statutes, may establish community human services pilot programs for the study, implementation, and evaluation of improved human services delivery systems. In the implementation of those pilot programs, the requirement of statewide uniformity with respect to the organization and governance of human services shall not apply. The department and local governmental bodies may establish such departments, boards, committees, organizational structures, and procedures as may be needed to implement the pilot programs. The departments, boards, committees, and organizational structures may assume responsibilities currently assigned by statute to the departments, boards, committees, or organizational structures that are replaced.
46.034(2)
(2) The number of pilot programs shall be limited by the department's capacity to coordinate and adequately monitor pilot activities and by the availability of state and federal funds.
46.034(3)
(3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under
s. 20.435 (7) (b) and
(o) for services provided and purchased by county departments under
ss. 46.215,
46.22,
46.23,
51.42, and
51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under
ss. 46.215,
46.22,
46.23,
51.42, and
51.437 funds that otherwise would be specified for use by a single county department. The budget under
s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under
s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.
46.035
46.035
Department, additional powers to provide structures, facilities and permanent improvements. 46.035(1)(1) As used in this section unless the context requires otherwise:
46.035(1)(a)
(a) The term "existing building" in relation to any conveyance, lease or sublease made under
sub. (2) (a),
(b), and
(c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which were erected, constructed or installed prior to the making of such conveyance, lease or sublease.
46.035(1)(b)
(b) The term "new building" in relation to any conveyance, lease or sublease made under
sub. (2) (a),
(b), and
(c) means all detention, treatment, administrative, recreational, infirmary, hospital, vocational and academic buildings; all dormitories and cottages; all storage facilities, heating plants, sewage disposal plants, and such other buildings, structures, facilities and permanent improvements as in the judgment of the secretary are needed or useful for the purposes of the department, and all equipment therefor and all improvements and additions thereto which are erected, constructed or installed after the making of such conveyance, lease or sublease.
46.035(1)(c)
(c) The term "nonprofit corporation" means a nonstock corporation that is organized under
ch. 181 and that is a nonprofit corporation, as defined in
s. 181.0103 (17).
46.035(2)
(2) In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has, subject to
s. 16.848, the following powers and duties:
46.035(2)(a)
(a) Without limitation by reason of any other provisions of the statutes except
s. 16.848, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.
46.035(2)(b)
(b) The power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department upon such terms and conditions as in the judgment of the secretary are in the public interest.
46.035(2)(c)
(c) The power to lease or sublease from such nonprofit corporation, and to make available for public use, any such land and existing buildings conveyed or leased to such nonprofit corporation under
pars. (a) and
(b), and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the secretary are in the public interest. With respect to any property conveyed to such nonprofit corporation under
par. (a), such lease from such nonprofit corporation may be subject or subordinated to one or more mortgages of such property granted by such nonprofit corporation.
46.035(2)(d)
(d) The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this subsection to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
46.035(2)(e)
(e) The power to pledge and assign all or any part of the revenues derived from the operation of such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under
par. (c).
46.035(2)(f)
(f) The power to covenant and agree in any lease or sublease of such new buildings made under
par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
46.035(2)(g)
(g) The power to apply all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under
par. (c).
46.035(2)(h)
(h) The power to pledge and assign all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under
par. (c).
46.035(2)(i)
(i) The power to covenant and agree in any lease or sublease made under
par. (c) to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
46.035(2)(j)
(j) The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under
par. (c), or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.
46.035(3)
(3) The state is liable for accrued rentals and for any other default under any lease or sublease made under
sub. (2) (c), and may be sued therefor on contract as in other contract actions pursuant to
ch. 775, except that it is not necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
46.035(4)
(4) Nothing in this section empowers the secretary or the department to incur any state debt.
