SECTION 1851. 49.155 (1m) (c) 2. of the statutes is created to read:
49.155 (1m) (c) 2. The individual was eligible under s. 49.132 (4) (am) for aid under s. 49.132 and received aid under s. 49.132 on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.
SECTION 1852. 49.155 (1m) (c) 3. of the statutes is created to read:
49.155 (1m) (c) 3. The individual was eligible for a child care subsidy under s. 49.191 (2) on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.
SECTION 1853. 49.155 (3m) of the statutes is created to read:
49.155 (3m) DISTRIBUTION OF CHILD CARE FUNDS TO COUNTIES AND CERTAIN CHILD CARE PROVIDERS. (a) The department shall reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23 for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers.
(b) Not more than 5%, or $20,000, whichever is greater, of the funds distributed under par. (a) may be used for the costs of administering the program under this section.
(c) From the funds distributed under par. (a), a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.
(d) No funds distributed under par. (a) may be used to provide care for a child by a person who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.
SECTION 1854. 49.155 (6) (a) of the statutes is amended to read:
49.155 (6) (a) The department Subject to review and approval by the department, each county shall establish the maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for licensed child care services provided under this section. The department A county shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each that county or in a multicounty area determined by the department can be purchased at or below that maximum rate.
SECTION 1855. 49.155 (6) (b) of the statutes is amended to read:
49.155 (6) (b) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).
SECTION 1856. 49.155 (6) (c) of the statutes is amended to read:
49.155 (6) (c) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).
SECTION 1857. 49.155 (6) (d) of the statutes is amended to read:
49.155 (6) (d) The department may promulgate rules to establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of grants that the department will pay to child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).
SECTION 1857f. 49.159 (2) of the statutes is amended to read:
49.159 (2) MINOR CUSTODIAL PARENTS; FINANCIAL AND EMPLOYMENT COUNSELING. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.
SECTION 1857m. 49.161 (1) of the statutes is amended to read:
49.161 (1) (title) TRIAL JOBS AND WAGE-PAYING COMMUNITY SERVICE JOBS OVERPAYMENTS. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) and (b) 2. from an individual who receives or has received benefits paid under s. 49.148 (1) (a) or (b) 2. The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.
SECTION 1857n. 49.161 (2) of the statutes is amended to read:
49.161 (2) (title) COMMUNITY GRANT-PAYING COMMUNITY SERVICE JOBS AND TRANSITIONAL PLACEMENTS OVERPAYMENTS. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) 1. and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) 1. and (c) by reducing the amount of the individual's benefit payment by no more than 10%.
SECTION 1857o. 49.170 of the statutes is created to read:
49.170 Payments for certain tribal economic support programs. (1) DEFINITION. In this section, "tribal economic support program" means an economic support program, operated by a federally recognized American Indian tribe or band in this state, that is funded under P.L. 104-193, section 103, and is not part of the Wisconsin works program under ss. 49.141 to 49.161.
(2) DEPARTMENT PLAN. The department shall develop a plan for making payments, from the appropriation under s. 20.445 (3) (dz), to each federally recognized American Indian tribe or band in this state that operates a tribal economic support program, for the purpose of operating that tribal economic support program. As a condition of receiving a payment under this section, the tribal economic support program shall meet all requirements specified in the plan. These requirements shall be similar to the requirements of the Wisconsin works program under ss. 49.141 to 49.161. The plan shall specify the method of determining the amount of the payment to be made for each tribal economic support program.
(3) JOINT COMMITTEE ON FINANCE APPROVAL. No later than January 1, 1998, the department shall submit the plan under sub. (2) to the cochairpersons of the joint committee on finance for review by the joint committee on finance. The department may not make a payment under the plan unless the plan is approved by the joint committee on finance.
(4) PAYMENTS. If the joint committee on finance approves the plan submitted under sub. (3), the department shall make payments, from the appropriation under s. 20.445 (3) (dz), in the manner specified in the plan.
SECTION 1857p. 49.175 of the statutes is created to read:
49.175 Public assistance and local assistance funding. (1) FUNDS DISTRIBUTION. Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:
(a) Aid to families with dependent children. For benefits under s. 49.19, $28,400,000 in fiscal year 1997-98.
(b) Subsidized employment. For payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $158,678,000 in fiscal year 1998-99.
(bg) Long-term and refugee supplement. For payments to Wisconsin works agencies as a supplement for long-term and refugee cases, $8,200,000 in fiscal year 1997-98 and $9,800,000 in fiscal year 1998-99.
(bm) Wisconsin works agency office costs. For payments to Wisconsin works agencies for office costs, $104,117,000 in fiscal year 1997-98 and $115,293,800 in fiscal year 1998-99.
(br) Payments for 2-parent families. For payments under s. 49.15 (4), $735,000 in fiscal year 1997-98 and $1,100,000 in fiscal year 1998-99.
(c) Wisconsin works agency contingency fund. For contingency payments to Wisconsin works agencies for subsidized employment and office costs to be distributed under criteria established by the department, $25,000,000 in the 1997-99 fiscal biennium.
(d) Job opportunities and basic skills program. For services provided under s. 49.193, $15,079,800 in fiscal year 1997-98.
(e) County income maintenance administration. For county income maintenance administration, $6,665,600 in fiscal year 1997-98.
(f) State administration of public assistance programs. For state administration of public assistance programs, $37,449,500 in fiscal year 1997-98 and $34,338,100 in fiscal year 1998-99.
(g) Emergency assistance. For emergency assistance under s. 49.138, $3,300,000 in each fiscal year.
(h) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in each fiscal year.
(i) Learnfare case management. For case management services for learnfare pupils under s. 49.26 (2), $2,619,100 in each fiscal year.
(j) Local learnfare projects. For local projects under the learnfare program under s. 49.26, $450,000 in fiscal year 1997-98.
(k) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,316,400 in each fiscal year.
(L) County fraud investigations and error reduction. For county fraud investigations and error reductions under s. 49.197, $588,000 in each fiscal year.
(m) Job access loans. For job access loans under s. 49.147 (6), $3,645,600 in fiscal year 1997-98 and $866,900 in fiscal year 1998-99.
(n) Employment skills advancement grants. For employment skills advancement grants under s. 49.185, $833,300 in fiscal year 1997-98 and $1,000,000 in fiscal year 1998-99.
(o) Direct child care services. For direct child care services under s. 49.155, $155,547,200 in fiscal year 1997-98 and $177,427,200 in fiscal year 1998-99.
(p) Indirect child care services. For indirect child care services under s. 49.131 (2) (b), $6,002,400 in each fiscal year. Notwithstanding sub. (2), the department may not use any funds allocated under this paragraph for any other purpose under this subsection.
(q) Reserve for benefit payments in a county with a population of 500,000 or more. For a reserve for benefit payments in a county with a population of 500,000 or more, $11,000,000 in fiscal year 1997-98 and $10,000,000 in fiscal year 1998-99.
(r) Wisconsin works contracts in certain counties. For contracts with persons for oversight of the administrative structure of Wisconsin works, and of Wisconsin works agencies, in counties having a population of 500,000 or more, $1,000,000 in each fiscal year.
(s) New hope project. For the new hope project under s. 49.37, $1,560,000 in fiscal year 1997-98 and $690,000 in fiscal year 1998-99.
(t) Transportation assistance. For transportation assistance under s. 49.157, $1,000,000 in fiscal year 1997-98 and $2,000,000 in fiscal year 1998-99. The department may not distribute the funds under this paragraph unless the joint committee on finance supplements the appropriate appropriation from the appropriation under s. 20.865 (4) (m).
(u) Hospital paternity incentives. For hospital paternity incentive payments under s. 69.14 (1) (cm), $54,000 in fiscal year 1997-98 and $144,000 in fiscal year 1998-99.
(v) Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $500,000 in each fiscal year. The department may not distribute funds under this paragraph if the passports for youth program does not comply with P.L. 104-193, section 103.
(w) Transfer of federal funds to the department of health and family services. For the transfer of federal funds to the department of health and family services, as provided in s. 20.445 (3) (md), for the following purposes, the following amounts:
1. 'Kinship care assistance.' For the kinship care program under s. 48.57 (3m) and (3p), $15,720,400 in fiscal year 1997-98 and $22,116,400 in fiscal year 1998-99.
2. 'Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $1,570,700 in fiscal year 1997-98 and $458,800 in fiscal year 1998-99.
3. 'Community aids.' For community aids, $31,800,000 in each fiscal year.
4. 'Milwaukee County liaison.' For a Milwaukee County child welfare liaison funded from the appropriation under s. 20.435 (8) (kx), $104,000 in fiscal year 1997-98 and $108,100 in fiscal year 1998-99.
(2) TRANSFER OF FUNDS. (a) With the approval of the secretary of administration, the department may use not more than 10% of the amounts required to be allocated for a purpose specified in any paragraph under sub. (1) for any other purpose specified in any other paragraph under sub. (1) in each fiscal year.
(b) The department may use more than 10% if all of the following conditions are met:
1. The secretary of administration approves the transfer.
2. The department submits a request for the transfer to the joint committee on finance and the joint committee on finance does not, within 14 days after receiving the request, schedule a meeting to review the transfer. If, within 14 days after receiving the request, the joint committee on finance schedules a meeting to review the transfer, the department may not use for another purpose specified under any paragraph under sub. (1) more than 10% of the amounts required to allocated for a different purpose specified in any other paragraph under sub. (1) unless it is approved by the committee, which may modify the proposed transfer.
SECTION 1857pm. 49.175 (1) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:
49.175 (1) FUNDS DISTRIBUTION. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (k), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:
SECTION 1857q. 49.175 (1) (b) of the statutes, as created by 1997 Wisconsin Act .... (this act), is renumbered 49.175 (1) (b) 1. and amended to read:
49.175 (1) (b) 1. For Except as provided in subd. 2. for payments to Wisconsin works agencies for subsidized employment costs, $155,375,100 in fiscal year 1997-98 and $155,678,000 in fiscal year 1998-99.
SECTION 1857r. 49.175 (1) (b) 2. of the statutes is created to read:
49.175 (1) (b) 2. The department of revenue shall determine the amount that is required to pay claims approved under s. 71.07 (9e) for participants under s. 49.147 (4) (c). The department of workforce development shall subtract that amount from the allocation in subd. 1. and transfer the amount to the appropriation under s. 20.835 (2) (k).
SECTION 1858. 49.185 (1m) of the statutes is created to read:
49.185 (1m) FUNDING. Payments for grants awarded under this section shall be made from the appropriations under s. 20.445 (3) (em) and (md).
SECTION 1858m. 49.185 (5) of the statutes is amended to read:
49.185 (5) APPLICABILITY. This section applies beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), or on the first day of the first month beginning after the effective date of this subsection .... [revisor inserts date], whichever is later.
SECTION 1860. 49.19 (10) (d) of the statutes is amended to read:
49.19 (10) (d) Aid may also be paid under this section to a licensed foster home or, treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.
SECTION 1861. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:
49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (d) (dz) and (p) (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:
SECTION 1861d. 49.19 (11s) (d) of the statutes is amended to read:
49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).
SECTION 1862. 49.19 (19m) of the statutes is created to read:
49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775.
SECTION 1863. 49.19 (20) (b) of the statutes is repealed and recreated to read:
49.19 (20) (b) Notwithstanding par. (a):
1. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid under this section may be paid to the nonlegally responsible relative after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after the effective date of this subdivision .... [revisor inserts date], whichever is earlier.
2. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid may be paid to the nonlegally responsible relative on or after the effective date of this subdivision .... [revisor inserts date].
SECTION 1864. 49.191 (1) (b) of the statutes is amended to read:
49.191 (1) (b) Within the limits of funds available under s. 20.445 (3) (cn) (cm), (dz), (jg), (md) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).
SECTION 1866. 49.193 (10m) of the statutes is amended to read: