SECTION 1309. 49.175 (1) (t) of the statutes is amended to read:
49.175 (1) (t) Transportation assistance. For transportation assistance under s. 49.157, $1,000,000 $200,000 in fiscal year 1997-98 1999-2000 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) 2000-01.
SECTION 1310. 49.175 (1) (u) of the statutes is amended to read:
49.175 (1) (u) Hospital paternity incentives. For hospital paternity incentive payments under s. 69.14 (1) (cm), $54,000 $91,900 in each fiscal year 1997-98 and $144,000 in fiscal year 1998-99.
SECTION 1311. 49.175 (1) (v) of the statutes is amended to read:
49.175 (1) (v) Passports for youth program. For the passports for youth program operated by the YMCA of Metropolitan Milwaukee, $500,000 $300,000 in each 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.
SECTION 1312. 49.175 (1) (ve) of the statutes is created to read:
49.175 (1) (ve) Literacy initiative. For literacy programs targeted at individuals who are eligible for temporary assistance to needy families under 42 USC 601 et seq., $2,150,000 in each fiscal year.
SECTION 1313. 49.175 (1) (vL) of the statutes is created to read:
49.175 (1) (vL) 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., $5,000,000 in fiscal year 1999-2000 and $15,000,000 in fiscal year 2000-01.
SECTION 1314. 49.175 (1) (vm) of the statutes is created to read:
49.175 (1) (vm) Work-based learning programs for youth. For work-based learning programs for youth funded from the appropriation under s. 20.445 (7) (kc), $2,981,800 in fiscal year 1999-2000 and $6,084,500 in fiscal year 2000-01.
SECTION 1315. 49.175 (1) (vr) of the statutes is created to read:
49.175 (1) (vr) Youth workforce mentoring. For administrative support for a youth workforce mentoring program under which retirees are matched with youth, $55,000 in each fiscal year.
SECTION 1316. 49.175 (1) (vt) of the statutes is created to read:
49.175 (1) (vt) Fatherhood initiative. For a grant program to promote fathers' involvement in their children's lives, $75,000 in fiscal year 1999-2000.
SECTION 1317. 49.175 (1) (vv) of the statutes is created to read:
49.175 (1) (vv) 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.
SECTION 1318. 49.175 (1) (w) (title) of the statutes is amended to read:
49.175 (1) (w) (title) Transfer of federal funds to Programs administered by the department of health and family services.
SECTION 1319. 49.175 (1) (w) (intro.) of the statutes is repealed.
SECTION 1320. 49.175 (1) (w) 1. of the statutes is amended to read:
49.175 (1) (w) 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) and (3p), $15,720,400 $26,322,200 in fiscal year 1997-98 1999-2000 and $22,116,400 $26,618,500 in fiscal year 1998-99 2000-01.
SECTION 1321. 49.175 (1) (w) 2. of the statutes is amended to read:
49.175 (1) (w) 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, $5,550,200 $9,173,200 in fiscal year 1997-98 1999-2000 and $13,260,000 $11,066,900 in fiscal year 1998-99 2000-01.
SECTION 1322. 49.175 (1) (w) 3. of the statutes is amended to read:
49.175 (1) (w) 3. 'Community aids.' For community aids, $31,800,000 in each fiscal year 1999-2000 and $18,092,300 in fiscal year 2000-01.
SECTION 1323. 49.175 (1) (w) 4. of the statutes is repealed.
SECTION 1324. 49.175 (1) (w) 5. of the statutes is created to read:
49.175 (1) (w) 5. 'Badger care.' For eligibility determinations under the badger care program under s. 49.665, $4,500,000 in each fiscal year.
SECTION 1325. 49.175 (1) (w) 6. of the statutes is created to read:
49.175 (1) (w) 6. 'Early identification of pregnancy.' For outreach and services under s. 253.085 to low-income pregnant women, $100,000 in each fiscal year.
SECTION 1326. 49.175 (1) (w) 7. of the statutes is created to read:
49.175 (1) (w) 7. '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, $500,000 in each fiscal year.
SECTION 1327. 49.175 (1) (w) 8. of the statutes is created to read:
49.175 (1) (w) 8. 'Adolescent services and pregnancy prevention programs.' For adolescent services and pregnancy prevention programs, $1,806,400 in each fiscal year.
SECTION 1328. 49.175 (1) (x) of the statutes is created to read:
49.175 (1) (x) Brownfields. For grants under s. 560.13 (2) (am), $5,000,000 in each fiscal year.
SECTION 1329. 49.175 (1) (y) of the statutes is created to read:
49.175 (1) (y) Badger Challenge program. For the Badger Challenge program under s. 21.25, $332,700 in each fiscal year.
SECTION 1330. 49.175 (1) (z) of the statutes is created to read:
49.175 (1) (z) Aid to Milwaukee Public Schools. For aid to the school district operating under ch. 119 under ss. 119.71, 119.72, 119.75 and 119.82, $7,570,000 in each fiscal year.
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.
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.
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.
SECTION 1334. 49.187 of the statutes is created to read:
49.187 Individual development accounts. (1) ADMINISTRATION. The department may establish a program to permit individuals who are eligible under sub. (2) to establish individual development accounts. If the department establishes the program under this section, the program shall be administered in accordance with P.L. 105-285. The department may contract with community action agencies under s. 46.30 to administer the program under this section.
(2) ELIGIBILITY. An individual is eligible to establish an individual development account if the all of the following criteria with respect to the individual are met:
(a) The individual is at least 18 years old.
(b) The individual is a custodial parent, as defined in s. 49.141 (1) (b).
(c) The individual meets the eligibility requirements under P.L. 105-285, section 408 (a). In determining the net worth of an individual's household, as required under P.L. 105-285, section 408 (a) (2), the community action agency or the department shall exclude the equity value of vehicles up to a total equity value of $10,000 and one home that serves as the homestead of the individual's household.
(3) FUNDING FOR AND USE OF AN INDIVIDUAL DEVELOPMENT ACCOUNT. (a) An individual who establishes an individual development account under this section may deposit into the account only earned income, as defined in section 911 (d) (2) of the Internal Revenue Code of 1986. For every $1 that the individual deposits in the account, the community action agency with which the department contracts under sub. (1), or, if the department does not enter into a contract under sub. (1), the department, shall deposit not less than 50 cents nor more than $4 into the account. Moneys deposited in an individual development account may be withdrawn only for emergencies as provided under P.L. 105-285, section 404 (3) or for qualified expenses specified under P.L. 105-285, section 404 (8).
(b) An individual who establishes an individual development account under this section shall participate in financial planning and economic education programs offered by the community action agency or by the department.
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.
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.
SECTION 1337. 49.191 of the statutes is repealed.
SECTION 1338. 49.193 of the statutes is repealed.
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.
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 and shall give that person an opportunity for a review following the procedure specified under s. 49.152, or 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.
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 60 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.
(b) The clerk of circuit court shall accept, file and enter the warrant in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The department shall pay the fees, but shall add the fees provided by s. 814.61 (5) for entering the warrants to the amount of the warrant and shall collect the fees from the person named in the warrant when satisfaction or release is presented for entry.
(c) If a warrant that is not satisfied in full is returned, the department may enforce the amount due as if the department had recovered judgment against the person named in the warrant for the same amount.
(d) When the amount set forth in a warrant and all costs due the department have been paid to it, the department shall issue a satisfaction of the warrant and file it with the clerk of circuit court. The clerk of circuit court shall immediately enter a satisfaction of the judgment on the judgment and lien docket. The department shall send a copy of the satisfaction to the person named in the warrant.
(e) If the department finds that the interests of the state will not be jeopardized, the department may issue a release of any warrant with respect to any real or personal property upon which the warrant is a lien or cloud upon title. Upon presentation to the clerk and payment of the fee for filing the release, the clerk shall enter the release of record. The release is conclusive that the lien or cloud upon the title of the property covered by the release is extinguished.
(f) Notwithstanding s. 49.96, at any time after the filing of a warrant, the department may commence and maintain a garnishee action as provided by ch. 812 or may use the remedy of attachment as provided by ch. 811 for actions to enforce a judgment. The place of trial of such an action may be either in Dane County or the county where the debtor resides and may not be changed from the county in which that action is commenced, except upon consent of the parties.
(g) If the department issues an erroneous warrant, the department shall issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The clerk shall void the warrant and any resulting liens.
SECTION 1342. 49.195 (3n) of the statutes is created to read:
49.195 (3n) (a) In this subsection:
1. "Debt" means the amount of liability determined under sub. (3).
2. "Debtor" means an individual who is liable under sub. (3).
3. "Disposable earnings" means that part of the earnings of any debtor after the deduction from those earnings of any amounts required by law to be withheld, any life, health, dental or similar type of insurance premiums, union dues, any amount necessary to comply with a court order to contribute to the support of minor children, and any levy, wage assignment or garnishment executed prior to the date of a levy under this subsection.
4. "Federal minimum hourly wage" means that wage prescribed by 29 USC 206 (a) (1).
5. "Levy" means all powers of distraint and seizure.
6. "Property" includes all tangible and intangible personal property and rights to such property, including compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus or otherwise, periodic payments received pursuant to a pension or retirement program, rents, proceeds of insurance and contract payments.
(b) If any debtor neglects or refuses to pay a debt after the department has made demand for payment, the department may collect that debt and the expenses of the levy by levy upon any property belonging to the debtor. Whenever the value of any property that has been levied upon under this section is not sufficient to satisfy the claim of the department, the department may levy upon any additional property of the person until the debt and expenses of the levy are fully paid.
(c) Any person in possession of or obligated with respect to property or rights to property that is subject to levy and upon which a levy has been made shall, upon demand of the department, surrender the property or rights or discharge the obligation to the department, except that part of the property or rights which is, at the time of the demand, subject to any prior attachment or execution under any judicial process.
(d) 1. Any debtor who fails or refuses to surrender any property or rights to property that is subject to levy, upon demand by the department, is subject to proceedings to enforce the amount of the levy.
2. Any 3rd party who fails to surrender any property or rights to property subject to levy, upon demand of the department, is subject to proceedings to enforce the levy. The 3rd party is not liable to the department under this subdivision for more than 25% of the debt. The department shall serve the levy as provided under par. (m) on any 3rd party who fails to surrender property under this subdivision. Proceedings may not be initiated by the department until 5 days after service of the demand.
