1995 Wisconsin Act 289

289,199 Section 199 . 49.50 (6e) (a) of the statutes is repealed.

289,200 Section 200 . 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 3091, is renumbered 49.50 (6e).

289,201 Section 201 . 49.50 (6g) of the statutes is amended to read:

49.50 (6g) Day care funds for former recipients of aid to families with dependent children. The department shall pay the child care costs of an individual who secures unsubsidized employment and loses eligibility for aid to families with dependent children because of earned income or number of hours worked for up to 12 months following the loss of eligibility if the child care is provided by a child care provider. The department shall establish a formula for assistance based on ability to pay. The rates for child care services under this subsection shall be determined under s. 46.98 (4) (d), (dg) or (dm), whichever is applicable, or, if a higher rate is established under s. 46.98 (4) (e) and if the child care services meet the quality standards established under s. 46.98 (4) (e), the rates for child care services under this subsection that meet those standards shall be determined under s. 46.98 (4) (e). The department shall promulgate rules for the disbursement of funds under this subsection.

289,202 Section 202. 49.50 (6k) (a) of the statutes is amended to read:

49.50 (6k) (a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (6e) (b) and (6g) for recipients and former recipients of aid under s. 49.19 and under sub. (7) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.

289,203 Section 203 . 49.50 (6k) (b) of the statutes is amended to read:

49.50 (6k) (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under s. 49.193 (8) or 49.50 (6e) (a) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.

289,204 Section 204 . 49.50 (7) (e) of the statutes is amended to read:

49.50 (7) (e) For an individual who is a recipient of aid under s. 49.19, who is the parent with whom a dependent child lives and who is either required to attend school under par. (g) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (d), (dg) or (dm), whichever is applicable, or, if a higher rate is established under s. 46.98 (4) (e) and if the child care meets the quality standards established under s. 46.98 (4) (e), in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

289,207 Section 207 . 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 3134m, is amended to read:

49.52 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid under s. 49.19, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (4m) and (8). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

289,209 Section 209. 49.77 (3v) of the statutes is created to read:

49.77 (3v) Increased supplemental payments to custodial parents. (a) In this subsection:

1. “Custodial parent" has the meaning given in s. 49.141 (1) (b).

2. “Dependent child" has the meaning given in s. 49.141 (1) (c).

(b) A person who is entitled to receive supplemental payments under this section and who is a custodial parent shall receive an increased state supplement of $77 for each dependent child with respect to whom the person is a custodial parent.

(c) Notwithstanding par. (b), if a person who is entitled to receive supplemental payments under this section is married to a person who is also entitled to receive supplemental payments under this section, and both persons are custodial parents of a dependent child, only one increased state supplemental payment of $77 may be paid with respect to that child.

289,210 Section 210 . 49.83 of the statutes, as affected by 1995 Wisconsin Act 27, sections 3142 and 3144, is amended to read:

49.83 Limitation on giving information. Except as provided under s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under ss. 49.141 to 49.161, social services or supplemental payments under s. 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

289,211 Section 211 . 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act 27, section 3211, is amended to read:

49.84 (5) A person applying for Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV or food stamp program benefits under 7 USC 2011 to 2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in 42 USC 1320b-7 (d).

289,212 Section 212 . 49.85 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2146, is amended to read:

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 or a Wisconsin works agency determines that the department of health and social services may recover an amount under s. 49.497 or that the department of industry, labor and human relations may recover an amount under s. 49.125, 49.161 or 49.195 (3), the county department or governing body shall notify the affected department of the determination.

289,213 Section 213 . 49.85 (2) (b) and (3) (b) 1. of the statutes, as created by 1995 Wisconsin Act 27, are amended to read:

49.85 (2) (b) At least annually, the department of industry, labor and human relations 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 industry, labor and human relations, the department of industry, labor and human relations has determined that it may recover under ss. 49.125, 49.161 and 49.195 (3), except that the department of industry, labor and human relations may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless it's its determination has either not been appealed or is no longer under appeal.

(3) (b) 1. Inform the person that the department of industry, labor and human relations intends to certify to the department of revenue an amount that the department of industry, labor and human relations has determined to be due under s. 49.125, 49.161 or 49.195 (3), for setoff from any state tax refund that may be due the person.

289,214 Section 214 . 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act 27, section 3220, is amended to read:

49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, benefits under the Wisconsin works program under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV or food stamps under 7 USC 2011 to 2029.

289,215 Section 215 . 49.95 (11) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.95 (11) “Public assistance" as used in this section includes relief funded by a relief block grant and benefits under ss. 49.141 to 49.161.

289,216 Section 216 . 49.96 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or 49.148 (1) (b) to 49.159, payments made for social services, cash benefits paid by counties under s. 59.07 (154), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

289,217 Section 217 . 59.07 (97) of the statutes is amended to read:

59.07 (97) Child and spousal support; paternity program; medical support liability program. The county board shall contract with the department of health and social services to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act. The board may designate by board resolution any office, officer, board, department or agency as the county designee. The board or its designee shall implement and administer the programs in accordance with the contract with the state department of health and social services. The attorneys responsible for support enforcement under s. 59.458 (1), family court commissioner, clerk of court and all other county officials shall cooperate with the county and the department as necessary to provide the services required under the programs. The county shall charge the fee established by the department under s. 46.25 for services provided under this subsection to persons not receiving benefits under s. 49.148, 49.153 or 49.155 or assistance under s. 46.261, 49.19 or 49.47.

289,218 Section 218 . 60.23 (25) of the statutes is amended to read:

60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and 632.896.

289,219 Section 219 . 66.184 of the statutes is amended to read:

66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).

289,219m Section 219m. 71.07 (9e) (em) of the statutes is created to read:

71.07 (9e) (em) 1. If an employe completes a form prescribed by the department of revenue on which the employe estimates the amount of credit that is due to the employe under this subsection for the taxable year and submits the form to his or her employer and if the estimated credit for the taxable year is at least $120, that employer may pay, for each pay period, a prorated portion of the estimated credit.

2. An employer who pays employes under subd. 1. may reduce the amount owed under subch. X for the reporting period by the total of the payments made during the reporting period. If the total amount due under subch. X for any reporting period is less than the total amount paid under subd. 1. for the reporting period, the employer may subtract the difference from any contributions due under ch. 108 in accordance with s. 108.16 (11).

3. On his or her return for the taxable year for which an employe receives payments under subd. 1., the employe may claim a credit under this subsection only for the amount that was otherwise due under this subsection and not paid under subd. 1. and shall subtract from the refund or credit due or add to the liability under this chapter any amount received under subd. 1. that is not otherwise due under this subsection.

289,220 Section 220 . 71.54 (2) (a) (intro.) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

71.54 (2) (a) (intro.) Property taxes accrued or rent constituting property taxes accrued shall be reduced by one-twelfth for each month or portion of a month for which the claimant received relief from any county under s. 59.07 (154) equal to or in excess of $400, participated in Wisconsin works under s. 49.147 (4) or (5) or received assistance under s. 49.19, except assistance received:

289,221 Section 221 . 102.07 (17) of the statutes is created to read:

102.07 (17) A participant in a trial job under s. 49.147 (3) is an employe of any employer under this chapter for whom the participant is performing service at the time of the injury.

289,222 Section 222 . 102.07 (18) of the statutes is created to read:

102.07 (18) A participant in a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) is an employe of the Wisconsin works agency, as defined under s. 49.001 (9), for the purposes of this chapter, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.

289,223 Section 223 . 102.29 (8m) of the statutes is created to read:

102.29 (8m) No participant in a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) who, under s. 49.147 (4) (c) or (5) (c), is provided worker's compensation coverage by a Wisconsin works agency, as defined under s. 49.001 (9), and who makes a claim for compensation under this chapter may make a claim or maintain an action in tort against the employer who provided the community service job or transitional placement from which the claim arose.

289,224 Section 224 . 106.21 (1) (g) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

  106.21 (1) (g) “Public assistance" means relief provided by counties under s. 59.07 (154), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

289,225 Section 225 . 106.215 (1) (fm) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

106.215 (1) (fm) “Public assistance" means relief provided by counties under s. 59.07 (154), Wisconsin works under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, low-income energy assistance under s. 16.385, weatherization assistance under s. 16.39 and the food stamp program under 7 USC 2011 to 2029.

289,225b Section 225b. 108.16 (2) (b) of the statutes is amended to read:

108.16 (2) (b) Each Except as provided in sub. (6) and s. 108.19, each employer's account shall be credited with all its contributions paid into the fund and any amounts transferred by the department to the fund in lieu of such contributions under sub. (11), and shall be charged with all benefits duly paid from the fund to its employes based on their past employment by it, except as otherwise specified in this chapter.

289,225d Section 225d. 108.16 (6) (L) of the statutes is created to read:

108.16 (6) (L) Any moneys payable from the appropriation under s. 20.445 (1) (gg) in lieu of contributions under sub. (11).

289,225f Section 225f. 108.16 (11) of the statutes is created to read:

108.16 (11) If an employer that is subject to a contribution requirement is permitted under s. 71.07 (9e) (em) to pay, and elects to pay, an estimated earned income tax credit to its employes, the employer may, after first applying the employer's payments to the total amounts owed by that employer under subch. X of ch. 71 for any quarter, reduce its contributions otherwise payable to the department under ss. 108.17 to 108.19 by the remaining total amount of credits paid by the employer to its employes for the same quarter, to the extent of the employer's contribution liability for that quarter. The department shall promptly transfer an amount equal to any reduction lawfully claimed by an employer under this subsection from the appropriation under s. 20.445 (1) (gg) to the unemployment trust fund of the United States under sub. (5) (a), except that if the reduced contributions would otherwise be credited to the balancing account or administrative account, the department shall promptly transfer an amount equal to such reduced contributions from the appropriation under s. 20.445 (1) (gg) to the appropriate account.

289,225h Section 225h. 108.18 (1) (a) of the statutes is amended to read:

108.18 (1) (a) Each Except as authorized in s. 108.16 (11), each employer shall pay contributions to the fund for each calendar year at whatever rate on the employer's payroll for that year duly applies to the employer pursuant to this section.

289,225j Section 225j. 108.19 (1) and (1m) of the statutes are amended to read:

108.19 (1) Each Except as authorized in s. 108.16 (11), each employer subject to this chapter shall regularly contribute to the administrative account at the rate of two-tenths of one per cent per year on its payroll, except that the department may prescribe at the close of any fiscal year such lower rates of contribution under this section, to apply to classes of employers throughout the ensuing fiscal year, as will in the department's judgment adequately finance the administration of this chapter, and as will in the department's judgment fairly represent the relative cost of the services rendered by the department to each such class.

(1m) Each Except as authorized in s. 108.16 (11), each employer subject to this chapter as of the date a rate is established under this subsection shall pay an assessment to the administrative account at a rate established by the department sufficient to pay interest due on advances from the federal unemployment account under title XII of the social security act (42 USC 1321 to 1324). The rate established by the department for employers who finance benefits under s. 108.15 (2) or 108.151 (2) shall be 75% of the rate established for other employers. The amount of any employer's assessment shall be the product of the rate established for that employer multiplied by the employer's payroll of the previous calendar year as taken from quarterly contribution reports filed by the employer or, in the absence of the filing of such reports, estimates made by the department. Each assessment made under this subsection is due on the 30th day commencing after the date on which notice of the assessment is mailed by the department. If the amounts collected under this subsection are in excess of the amounts needed to pay interest due, the amounts shall be retained in the administrative account and utilized for the purposes specified in s. 108.20 (2m).

289,225L Section 225L. 108.20 (2m) of the statutes is amended to read:

108.20 (2m) From the moneys not appropriated under s. 20.445 (1) (ge) and (gf) which are received by the administrative account as interest and penalties under this chapter, the department shall pay the benefits chargeable to the administrative account under s. 108.07 (5) and, the interest payable to employers under s. 108.17 (3m) and the cost of administration of s. 108.16 (11) and may pay interest due on advances to the unemployment reserve fund from the federal unemployment account under title XII of the social security act, 42 USC 1321 to 1324, may make payments to satisfy a federal audit exception concerning a payment from the fund or any federal aid disallowance involving the unemployment compensation program, or may make payments to the fund if such action is necessary to obtain a lower interest rate or deferral of interest payments on advances from the federal unemployment account under title XII of the social security act, except that any interest earned pending disbursement of federal employment security grants under s. 20.445 (1) (n) shall be credited to the general fund. Any moneys reverting to the administrative account from the appropriations under s. 20.445 (1) (ge) and (gf) shall be utilized as provided in this subsection.

289,225n Section 225n. 108.22 (1) (g) of the statutes is created to read:

108.22 (1) (g) If an employer lawfully reduces its contributions otherwise payable to the department under s. 108.16 (11), the amount of any reduction is considered to be timely paid by that employer if a report claiming that reduction is filed by the employer in a timely manner.

289,226 Section 226 . 111.70 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

111.70 (1) (a) “Collective bargaining" means the performance of the mutual obligation of a municipal employer, through its officers and agents, and the representative of its municipal employes in a collective bargaining unit, to meet and confer at reasonable times, in good faith, with the intention of reaching an agreement, or to resolve questions arising under such an agreement, with respect to wages, hours and conditions of employment, and with respect to a requirement of the municipal employer for a municipal employe to perform law enforcement and fire fighting services under s. 61.66, except as provided in sub. (4) (m) and (n) and s. 40.81 (3) and except that a municipal employer shall not meet and confer with respect to any proposal to diminish or abridge the rights guaranteed to municipal employes under ch. 164. The duty to bargain, however, does not compel either party to agree to a proposal or require the making of a concession. Collective bargaining includes the reduction of any agreement reached to a written and signed document. The municipal employer shall not be required to bargain on subjects reserved to management and direction of the governmental unit except insofar as the manner of exercise of such functions affects the wages, hours and conditions of employment of the municipal employes in a collective bargaining unit. In creating this subchapter the legislature recognizes that the municipal employer must exercise its powers and responsibilities to act for the government and good order of the jurisdiction which it serves, its commercial benefit and the health, safety and welfare of the public to assure orderly operations and functions within its jurisdiction, subject to those rights secured to municipal employes by the constitutions of this state and of the United States and by this subchapter.

289,227 Section 227 . 111.70 (4) (n) of the statutes is created to read:

111.70 (4) (n) Health benefit plan requirements. 1. Except as provided in subd. 2., the municipal employer is prohibited from bargaining collectively with respect to compliance with the health benefit plan requirements under ss. 632.745, 632.747 and 632.749.

2. If a municipal employer offers its employes a health care coverage plan through a program offered by the group insurance board under s. 40.51 (7), the municipal employer is prohibited from bargaining collectively with respect to compliance with the health benefit plan requirements under ss. 632.745 (1) to (3) and (5) and 632.747 with respect to the health care coverage plan.

289,228 Section 228 . 111.91 (2) (k) of the statutes is created to read:

111.91 (2) (k) Compliance with the health benefit plan requirements under ss. 632.745 (1) to (3) and (5) and 632.747.

289,229 Section 229 . 115.347 of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

115.347 (2) Whenever a school district that is located in whole or in part in a county that has converted to the client assistance for reemployment and economic support data system submits a report under sub. (1) in the prescribed format, the department of industry, labor and human relations shall determine which children enrolled in the school district are members of Wisconsin works groups participating under s. 49.147 (3) to (5) or of families receiving aid to families with dependent children or food stamps, or both, and shall provide the information to the school board as soon thereafter as possible. The school board shall use the information to directly certify children as eligible for free or reduced-price meals served by the school district under federal school nutrition programs, pursuant to 42 USC 1758 (b) (2) (C) (ii) and (iii).

289,230 Section 230 . 115.40 (4) (b) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

115.40 (4) (b) The secretary and the secretary of health and social services shall review the applications and jointly determine the grant recipients and the amount of each grant. A grant may not be awarded to a school board, agency or organization unless the percentage of the participating school district's membership in the previous school year for whom aid to families with dependent children was being received under s. 49.19, or who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), was greater than 5%. In this paragraph, “membership" has the meaning given in s. 121.004 (5).

289,231 Section 231 . 115.40 (4) (c) 1. of the statutes is amended to read:

115.40 (4) (c) 1. Programs that involve a school district that, in the previous school year, had a high proportion of pupils for whom aid to families with dependent children was being received under s. 49.19, a high proportion of pupils who were members of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who participated under s. 49.147 (3) to (5), a high proportion of pupils who were children at risk, as defined under s. 118.153 (1) (a), or a high proportion of dropouts, as defined under s. 118.153 (1) (b).

289,232 Section 232 . 115.45 (3m) (a) 2. of the statutes is amended to read:

115.45 (3m) (a) 2. “Low-income pupil" means a pupil for whom aid to families with dependent children is being received under s. 49.19 or a pupil who is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5).

289,233 Section 233 . 119.82 (1) (a) 2. of the statutes is amended to read:

119.82 (1) (a) 2. Is receiving aid to families with dependent children under s. 49.19 or is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), with a member who is participating in Wisconsin works under s. 49.147 (3) to (5).

289,234 Section 234 . 120.13 (2) (g) of the statutes is amended to read:

120.13 (2) (g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (10), 632.896, 767.25 (4m) (d) and 767.51 (3m) (d).