(b) The department shall allocate and distribute to each local workforce development board funds under sub. (2) (b) based on a formula that takes into account all of the following:
1. The percentage of the population of the area served by the local board with an income at or below 200% of the poverty line.
2. Labor force participation.
3. The unemployment rate of the area served by the local board.
(4) The department shall require recipients of the funds distributed under this section to meet performance standards that are based on employment placement for unemployed persons, job retention rates of the persons served by the fund recipients, increased earnings of the persons served by the fund recipients, and increased child support collections for noncustodial parents served by the fund recipients.
49.175 Public assistance and local assistance allocations. (1) Allocation of funds. Within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (jL), (k), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:
(a) Wisconsin works benefits. For Wisconsin works benefits provided under contracts having a term that begins on January 1, 2000, and ends on December 31, 2001, $24,649,800 in fiscal year 1999-2000 and $49,309,600 in fiscal year 2000-01.
(b) Wisconsin works administration and ancillary services. For administration of Wisconsin works and program services under Wisconsin works performed under contracts under s. 49.143 having a term that begins on January 1, 2000, and ends on December 31, 2001, $64,216,800 in fiscal year 1999-2000 and $128,433,800 in fiscal year 2000-01.
(c) Performance bonuses. For performance bonuses to Wisconsin works agencies that have entered into contracts under s. 49.143 having a term that begins on January 1, 2000, and that ends on December 31, 2001, $3,706,300 in fiscal year 1999-2000 and $7,413,100 in fiscal year 2000-01.
(cr) Credit assistance. For payments to Wisconsin works agencies in 1st class cities for the provision of credit establishment and credit repair assistance to Wisconsin works participants, not more than $3,000,000 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.
(d)
County community reinvestment. For reinvestment of funds into communities under s. 49.179, $2,779,800 in fiscal year 1999-2000 and $5,559,800 in fiscal year 2000-01.
(e) Initial contracts. For contracts under s. 49.143 having a term that ends on December 31, 1999, $245,171,800 in fiscal year 1999-2000.
(f) Wisconsin works agency contingency fund. For contingency payments to Wisconsin works agencies for program costs, $102,000,000 in the 1999-2001 fiscal biennium, to be distributed under criteria established by the department, except that the department may not distribute moneys allocated under this paragraph unless the joint committee on finance approves the distribution.
(g) State administration of public assistance programs. For state administration of public assistance programs, $31,831,000 in fiscal year 1999-2000 and $31,783,200 in fiscal year 2000-01.
(h) Food stamps for legal immigrants. For food stamp benefits to qualified aliens under s. 49.124 (8), $420,000 in each fiscal year.
(i) Emergency assistance. For emergency assistance under s. 49.138, $3,300,000 in each fiscal year.
(j) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 in fiscal year 1999-2000 and $3,925,100 in fiscal year 2000-01.
(m) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,140,000 in each fiscal year.
(n) Job access loans. For job access loans under s. 49.147 (6), $600,000 in each fiscal year.
(o) Employment skills advancement grants. For employment skills advancement grants under s. 49.185, $100,000 in each fiscal year.
(p) Direct child care services. For direct child care services under s. 49.155, $159,560,000 in fiscal year 1999-2000 and $181,050,000 in fiscal year 2000-01.
(q) Indirect child care services. For indirect child care services under s. 49.155 (1g), $11,812,300 in fiscal year 1999-2000 and $11,367,600 in fiscal year 2000-01.
(r) Early childhood excellence initiative. For grants under s. 49.1375, $7,500,000 in each fiscal year.
(s) Start-up funding. For start-up funding for contracts under s. 49.143 having a term that begins on January 1, 2000, and that ends on December 31, 2001, $3,519,000 in fiscal year 1999-2000. The department may not distribute moneys allocated under this paragraph unless the joint committee on finance approves the distribution.
(t) 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, $1,500,000 in fiscal year 1999-2000 and $1,000,000 in fiscal year 2000-01.
(u) Workforce attachment. For services specified under s. 49.173, $9,700,000 in fiscal year 1999-2000 and $10,000,000 in fiscal year 2000-01. The department may not distribute moneys allocated under this paragraph unless the joint committee on finance approves the distribution.
(v) Transportation assistance. For transportation assistance under s. 49.157, $200,000 in fiscal year 1999-2000 and $2,000,000 in fiscal year 2000-01.
(w) Hospital paternity incentives. For hospital paternity incentive payments under s. 69.14 (1) (cm), $91,900 in each fiscal year.
(x)
Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $300,000 in fiscal year 1999-2000. 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.
(y) Literacy initiative. For literacy grants under s. 49.169 and literacy services administered by the governor's office, $1,454,100 in each fiscal year.
(z)
Community youth grant. For a competitive grant program administered by the department to fund programs that improve social, academic and employment skills of youth who are eligible to receive temporary assistance for needy families under
42 USC 601 et seq., $7,500,000 in each fiscal year.
(zb) Work-based learning programs for youth. For work-based learning programs for youth funded from the appropriation under s. 20.445 (7) (kc), $2,969,700 in fiscal year 1999-2000 and $6,084,500 in fiscal year 2000-01.
(zc) Fatherhood initiative. For a grant program to promote fathers' involvement in their children's lives, $75,000 in fiscal year 1999-2000.
(zd)
Alcohol and other drug abuse. For grants made under s. 49.167 to organizations that provide community-based alcohol and other drug abuse treatment to individuals who are eligible for temporary assistance for needy families under
42 USC 601 et. seq., $1,000,000 in each fiscal year.
(ze) Programs administered by the department of health and family services. 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n)
, (3o) and (3p), $24,530,100 in fiscal year 1999-2000 and $26,164,100 in fiscal year 2000-01.
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, $13,745,200 in fiscal year 1999-2000 and $17,930,000 in fiscal year 2000-01.
3. `Community aids.' For community aids, $31,800,000 in fiscal year 1999-2000 and $18,086,200 in fiscal year 2000-01.
4. `Runaway services.' For grants to programs that provide services for runaway children, $150,000 in each fiscal year.
5. `Early identification of pregnancy.' For outreach and services under s. 253.085 to low-income pregnant women, $100,000 in each fiscal year.
6. `Supplemental food program for women, infants and children.' From the appropriation under s. 20.445 (3) (md), for per capita nutritional services and administration funding to local agencies that administer the federal special supplemental food program for women, infants and children under
42 USC 1786 and the state supplemental food program for women, infants and children under s. 253.06, $1,000,000 in each fiscal year.
7. `Adolescent services and pregnancy prevention programs.' For adolescent services and pregnancy prevention programs under ss. 46.93, 46.99 and 46.995, $1,808,300 in each fiscal year.
8. `Domestic abuse services grants.' For the domestic abuse services grants under s. 46.95 (2), $975,000 in fiscal year 1999-2000 and $1,000,000 in each fiscal year thereafter.
9. `Statewide immunization program.' For the statewide immunization program under s. 252.04 (1), $1,000,000 in each fiscal year.
10. `Community marriage policy project.' For the community marriage policy project under 1999 Wisconsin Act .... (this act), section 9123 (14g), $45,000 in fiscal year 1999-2000 and $60,000 in each fiscal year thereafter.
(zf) Badger Challenge. For the Badger Challenge program under s. 21.25, $33,300 in fiscal year 1999-2000 and $83,200 in fiscal year 2000-01.
(zg) Aid to Milwaukee public schools. For aid to the school district operating under ch. 119 under ss. 119.72 and 119.82, $1,410,000 in each fiscal year.
(zh) Earned income tax credit. 1. `Taxable year 1998.' For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the general fund to reimburse the general fund for earned income tax credits paid for the taxable year that began on January 1, 1998, $48,000,000 in fiscal year 1999-2000.
2. `Taxable years 1999 and thereafter.' For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $51,000,000 in fiscal year 1999-2000 and $54,000,000 in fiscal year 2000-01.
(zi) Campaign for a Sustainable Milwaukee. For the Campaign for a Sustainable Milwaukee, $300,000 in fiscal year 1999-2000.
(zj) Head start. For the transfer of moneys to the department of public instruction for head start agencies, $3,712,500 in each fiscal year.
(zk) Wisconsin trust account fund. For the distribution to the Wisconsin trust account fund under s. 49.1635, $100,000 in each fiscal year.
(zL) English for Southeast Asian children. To the school board of the Wausau school district for English training for 3-year-old, 4-year-old and 5-year-old Southeast Asian children, $100,000 in each fiscal year.
(zm) Jobs initiative. For Milwaukee Jobs Initiative, Inc., $100,000
in each fiscal year.
(zn) Child abuse and neglect prevention board. For the transfer of moneys to the child abuse and neglect prevention board, $340,000 in each fiscal year.
(2) Redistribution of funds. The department may redistribute funds allocated for a purpose specified under any paragraph under sub. (1) to be used for any other purpose specified in any other paragraph under sub. (1) if
all of the following conditions are met:
(a) The secretary of administration approves the redistribution.
(b) The department submits a request for approval of the redistribution to the joint committee on finance and the cochairpersons of the committee do not, within 14 days of receiving the request, notify the department that the committee has scheduled a meeting for the purpose of reviewing the request. If, within 14 days after receiving the request, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the request, the department may not redistribute funds under sub. (1) except to the extent approved by the committee.
9,1278t
Section 1278t. 49.175 (1) (ze) 10. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed.
9,1330r
Section 1330r. 49.179 of the statutes is created to read:
49.179
County community reinvestment. (1) In this section, "Wisconsin works" has the meaning given in s. 49.141 (1) (p).
(2) Annually, beginning January 1, 2000, the department shall distribute the moneys allocated under s. 49.175 (1) (d) to
counties as follows:
(a) To a county in which more than one Wisconsin works agency is located, the department shall distribute an amount equal to 4% of the sum of the amounts for which the department contracted with those Wisconsin works agencies
for administration and benefits under Wisconsin works for the year in which the moneys are to be distributed.
(b) To a county in which one Wisconsin works agency is located, the department shall distribute an amount equal to 4% of the amount for which the department contracted with that Wisconsin works agency for administration and benefits under Wisconsin works for the year in which the moneys are to be distributed.
(c) To a county that is one of several counties served by a single Wisconsin works agency, the department shall distribute an amount equal to that county's proportional share, as determined by the department, of an amount equal to 4% of the amount for which the department contracted with that Wisconsin works agency for administration and benefits under Wisconsin works for the year in which the moneys are to be distributed.
(3) Funds distributed under sub. (2) may be used only for community reinvestment projects. The department shall establish
by rule criteria for the use of the funds distributed under sub. (2).
(4) In conformity with the criteria established by the department under sub. (3), the county board of supervisors shall determine the use of the funds distributed under sub. (2).
(5) No expenditures from the funds distributed under sub. (2) may be made unless the department first certifies that the expenditures are allowable under the federal temporary assistance for needy families block grant program under
42 USC 601 et. seq.
9,1331
Section
1331. 49.185 (3) (d) of the statutes is amended to read:
49.185 (3) (d) The individual has been employed in an unsubsidized job for at least 9 6 consecutive months before applying for a grant.
9,1332
Section
1332. 49.185 (3) (i) of the statutes is amended to read:
49.185 (3) (i) The individual contributes, or obtains from other sources, an amount at least equal to the amount of the grant, and obtains funding from other sources in an amount at least equal to the amount of the grant, for tuition, books, transportation or other direct costs of the training or education.
9,1333
Section
1333. 49.185 (5) of the statutes is amended to read:
49.185 (5) Applicability. This section applies beginning on the date stated in the notice under s. 49.141 (2) (d), or on November 1, 1997, whichever is later.
9,1335
Section
1335. 49.19 (11s) (a) of the statutes is amended to read:
49.19 (11s) (a) The department shall conduct a demonstration project under this subsection pursuant to a waiver from the secretary of the federal department of health and human services beginning on January 1, 1996. To the extent permitted in the waiver, the department may apply pars. (b) to (d) to all recipients of aid under this section or to a test group of recipients of aid under this section determined by the department. Paragraphs (b) to (d) do not apply to persons who are subject to s. 49.25, 1997 stats., and shall apply only while a waiver under this paragraph is in effect and only with respect to recipients covered by the waiver.
9,1336
Section
1336. 49.19 (20) (a) of the statutes is amended to read:
49.19 (20) (a) Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), 1997 stats., whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than the enactment of this paragraph, is required to be given under sub. (13) to recipients of aid under this section to terminate their benefits under this paragraph.
9,1337
Section
1337. 49.191 of the statutes is repealed.
9,1338
Section
1338. 49.193 of the statutes is repealed.
9,1339
Section
1339. 49.195 (1) of the statutes is amended to read:
49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148, 49.155 or 49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6), 1997 stats. During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse or child is dependent on the property for support, and the court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records of aid or benefits paid kept by the county, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19 or benefits under s. 49.148, 49.155 or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.
9,1340
Section
1340. 49.195 (3) of the statutes is amended to read:
49.195 (3) A county, tribal governing body, Wisconsin works agency or the department shall determine whether an overpayment has been made under s. 49.19, 49.148, 49.155 or 49.157 and, if so, the amount of the overpayment. The county, tribal governing body, Wisconsin works agency or department shall provide notice of the overpayment to the liable person. The department shall give that person an opportunity for a review following the procedure specified under s. 49.152, if the person received the overpayment under s. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.155 or 49.157 that have not already been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing policies and procedures to administer this subsection. The rules shall include notification procedures similar to those established for child support collections.
The department may not recover overpayments made as a result of department error.
9,1341
Section
1341. 49.195 (3m) of the statutes is created to read:
49.195 (3m) (a) 1. If any person fails to pay to the department any amount determined under sub. (3), no review or appeal of that determination is pending and the time for requesting a review or taking an appeal has expired, the department may issue a warrant directed to the clerk of circuit court of any county.
2. The clerk of circuit court shall enter in the judgment and lien docket the name of the person mentioned in the warrant, the amount for which the warrant is issued and the date on which the clerk entered that information.
3. A warrant entered under subd. 2. shall be considered in all respects as a final judgment constituting a perfected lien upon the person's right, title and interest in all real and personal property located in the county in which the warrant is entered.
4. After issuing a warrant, the department may file an execution with the clerk of circuit court for filing with the sheriff of the county, commanding the sheriff to levy upon and sell sufficient real and personal property of the person to pay the amount stated in the warrant in the same manner as upon an execution against property issued upon the judgment of a court of record, and to return the warrant to the department and pay to it the money collected by virtue of the warrant within 90 days after receipt of the warrant. The execution may not command the sheriff to levy upon or sell any property that is exempt from execution under ss. 815.18 (3) and 815.20.
