2015 Wisconsin Act 55

55,1733 Section 1733. 49.1515 (1) of the statutes is amended to read:

49.1515 (1) Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1) (1m) (a), (b), (c), (d), or (e), or (f) is demonstrating a refusal to participate.

55,1734g Section 1734g. 49.153 (1) (intro.) of the statutes is amended to read:

49.153 (1) Written and oral notice. (intro.) Before Except as provided in sub. (1m), before taking any action against a participant that would result in a 20 percent or more reduction in the participant's benefits or in termination of the participant's eligibility to participate in Wisconsin Works, a Wisconsin Works agency shall do all of the following:

55,1734r Section 1734r. 49.153 (1m) of the statutes is created to read:

49.153 (1m) Notice not required. A Wisconsin Works agency is not required to comply with the requirements under sub. (1) if the action taken against a participant is a result of the participant no longer meeting the eligibility criteria under s. 49.145 (2) (a), (b), (c), (d), (g), (i), (j), (m), (q), (r), or (rm) or (3).

55,1735 Section 1735. 49.155 (1m) (intro.) of the statutes is amended to read:

49.155 (1m) Eligibility. (intro.) Except as provided in s. 49.155 (3g), the department shall determine, contract with a county department or agency to determine, or contract with a county department or agency to share determination of the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

55,1736 Section 1736. 49.155 (3) (intro.) of the statutes is amended to read:

49.155 (3) Child care local administration. (intro.) Except as provided in sub. (3g), the a county department or agency with which the department contracts under sub. (1m) to determine eligibility in a particular geographic region or for a particular Indian tribal unit shall administer child care assistance in that geographic region or for that tribal unit. For the administration of child care assistance under this section, the department may require the county department or agency to do all of the following:

55,1737 Section 1737. 49.155 (3m) (am) of the statutes is created to read:

49.155 (3m) (am) If the department contracts with a county department or agency under sub. (1m), the department shall allocate funds for the eligibility determination function under the contract. When allocating these funds, the department may consider trends in applications, a county department's or agency's past eligibility determination expenditures, the respective portions of the eligibility determination function to be performed by the department and the county department or agency, and any other factor determined by the department.

55,1738 Section 1738. 49.155 (3m) (b) 1. of the statutes is amended to read:

49.155 (3m) (b) 1. Subject to subds. 2. and 3., the department shall, to the extent practicable, allocate funds to a contract entered into under sub. (1m) for the administration of the program under sub. (3) in the same proportion as the geographic region's or Indian tribal unit's proportionate share of all statewide subsidy authorizations and eligibility redeterminations under sub. (3) (e) funding allocated under par. (am) for eligibility determination functions during the contract period or, if the department elects, in the same proportion as the geographic region's or Indian tribal unit's proportionate share of all children for whom a subsidy was provided under this section in the most recent 12-month period for which applicable statistics are available before the start of the contract period.

55,1739 Section 1739. 49.159 (1) (a) (intro.) of the statutes is amended to read:

49.159 (1) (a) (intro.) An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child is eligible for services and benefits under par. (b) if the individual is subject to a child support order, the individual satisfies all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual, and any of the following applies to the custodial parent of the dependent child:

55,1740 Section 1740. 49.162 of the statutes is created to read:

49.162 Substance abuse screening and testing for certain work experience programs. (1) In this section:

(a) "Administering agency" means the department or an agency with which the department contracts to administer a program.

(b) "Controlled substance" has the meaning given in s. 961.01 (4).

(c) "Program" means any of the following:

1. Services and benefits under s. 49.159 (1) (b).

2. The Transform Milwaukee Jobs program or the Transitional Jobs program under s. 49.163.

3. A work experience and job training program under s. 49.36.

(2) Beginning on the effective date of the rules promulgated under sub. (7), or on the effective date of the emergency rules promulgated under 2015 Wisconsin Act .... (this act), section 9106 (2c), whichever is earlier, in order to participate in a program, an individual who applies to participate in a program or who registers for a program under sub. (1) (c) 3., shall complete a controlled substance abuse screening questionnaire. If, on the basis of answers to the questionnaire, the administering agency determines that there is a reasonable suspicion that an individual who is otherwise eligible for a program is abusing a controlled substance, the administering agency shall require the individual to undergo a test for the use of a controlled substance. If the individual refuses to submit to a test, the individual is not eligible to participate in a program until the individual complies with the requirement to undergo a test for the use of a controlled substance.

(3) If an individual who undergoes a test under sub. (2) tests negative for the use of a controlled substance, or tests positive for the use of a controlled substance but presents evidence satisfactory to the administering agency that the individual possesses a valid prescription for each controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this section.

(4) (a) If an individual who undergoes a test under sub. (2) tests positive for the use of a controlled substance without presenting evidence of a valid prescription as described in sub. (3), the administering agency shall require the individual to participate in substance abuse treatment to remain eligible to participate in a program. If the individual refuses to participate in substance abuse treatment, the individual is not eligible to participate in a program until the individual complies with the requirement to participate in substance abuse treatment.

(b) During the time that an individual is receiving substance abuse treatment under par. (a), the administering agency shall require the individual to undergo random testing for the use of a controlled substance. For the individual to remain eligible for a program, the individual must cooperate with the testing and the results of the tests must be negative or, if any results are positive, the individual must present evidence of a valid prescription as described in sub. (3). If the results of any test during treatment are positive for the use of a controlled substance and the individual does not present evidence of a valid prescription for the controlled substance, the individual shall have the opportunity to begin the treatment again one time, as determined by the administering agency. If the individual begins the substance abuse treatment again, he or she shall remain eligible for a program as long as the results of all tests for the use of a controlled substance during the subsequent treatment are negative for the use of a controlled substance or, if any results are positive, the individual presents evidence of a valid prescription for the controlled substance.

(c) If an individual receiving treatment under par. (b) completes treatment and, at the conclusion of the treatment, tests negative for the use of a controlled substance or presents evidence of a valid prescription for any controlled substance for which the individual tests positive, the individual will have satisfactorily completed the substance abuse testing requirements under this section.

(5) The department shall manage the costs and reinvest the savings under this section, and shall work with the administering agency, if different from the department, to manage the costs and reinvest the savings.

(6) From the appropriation under s. 20.437 (2) (em), the department shall pay substance abuse treatment costs under this section that are not otherwise covered by medical assistance under subch. IV, private insurance, or another type of coverage. If treatment costs payable by the department exceed the moneys available under s. 20.437 (2) (em), the department shall request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

(7) The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section.

55,1741 Section 1741. 49.163 (2) (a) of the statutes is amended to read:

49.163 (2) (a) The department shall establish a Transform Milwaukee Jobs program in Milwaukee County and, if funding is available, may establish a Transitional Jobs program outside of Milwaukee County. To the extent of available funds, the department shall conduct the Transitional Jobs program, if established, in one or more geographic areas in the state that are not in Milwaukee County. In selecting the geographic area or areas in which to conduct the Transitional Jobs program, the department shall give priority to those areas with relatively high rates of unemployment and childhood poverty and to other areas with special needs that the department determines should be given priority.

55,1742 Section 1742. 49.163 (2) (am) 7. of the statutes is created to read:

49.163 (2) (am) 7. Satisfy all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual.

55,1743 Section 1743. 49.163 (3) (a) 3. a. of the statutes is amended to read:

49.163 (3) (a) 3. a. A wage subsidy that is equal to the an amount of wages that negotiated between the department and the employer or contractor pays to the individual, that is paid for hours each hour the individual actually worked, not to exceed 40 hours per week at, and that is not more than the federal or state minimum wage that applies to the individual.

55,1744 Section 1744. 49.163 (3) (a) 4. of the statutes is amended to read:

49.163 (3) (a) 4. An employer, or, subject to the approval of the department, a contractor under sub. (4), that employs an individual participating in the program may pay the individual an amount that exceeds any wage subsidy paid to the employer or contractor by the department under subd. 3. a., except that the employer or contractor must pay the individual at least minimum wage.

55,1745 Section 1745. 49.175 (1) (intro.) of the statutes is amended to read:

49.175 (1) Allocation of funds. (intro.) Except as provided in sub. subs. (2) and (3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (kp), the department shall allocate the following amounts for the following purposes:

55,1746 Section 1746. 49.175 (1) (a) of the statutes is amended to read:

49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $82,014,000 $83,000,000 in fiscal year 2013-14 2015-16 and $72,696,000 $83,000,000 in fiscal year 2014-15 2016-17.

55,1747 Section 1747. 49.175 (1) (b) of the statutes is amended to read:

49.175 (1) (b) Wisconsin Works agency contracts; job access loans. For contracts with Wisconsin Works agencies under s. 49.143 and for job access loans under s. 49.147 (6), $57,586,500 in fiscal year 2013-14 and $58,336,500 $58,336,500 in each fiscal year 2014-15.

55,1748 Section 1748. 49.175 (1) (g) of the statutes is amended to read:

49.175 (1) (g) State administration of public assistance programs and overpayment collections. For state administration of public assistance programs and the collection of public assistance overpayments, $12,697,100 $15,080,200 in fiscal year 2013-14 2015-16 and $12,812,700 $15,295,800 in fiscal year 2014-15 2016-17.

55,1749 Section 1749. 49.175 (1) (i) of the statutes is amended to read:

49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $7,500,000 $8,500,000 in fiscal year 2015-16 and $8,400,000 in each fiscal year 2016-17.

55,1749m Section 1749m. 49.175 (1) (j) of the statutes is created to read:

49.175 (1) (j) Grants for providing civil legal services. For the grants under 2015 Wisconsin Act .... (this act), section 9106 (2q), to Wisconsin Trust Account Foundation, Inc., for distribution to programs that provide civil legal services to low-income families, $500,000 in each fiscal year.

55,1750 Section 1750. 49.175 (1) (k) of the statutes is amended to read:

49.175 (1) (k) Transform Milwaukee and Transitional Jobs programs. For contract costs under the Transform Milwaukee Jobs program and the Transitional Jobs program under s. 49.163, $3,750,000 $6,000,000 in fiscal year 2013-14 2015-16 and $5,000,000 $7,000,000 in fiscal year 2014-15 2016-17.

55,1750g Section 1750g. 49.175 (1) (L) of the statutes is created to read:

49.175 (1) (L) Adult literacy grants. For grants to qualified applicants under s. 49.169 to provide literacy training to adults who are eligible for temporary assistance for needy families under 42 USC 601 et seq., $41,600 in each fiscal year.

55,1751 Section 1751. 49.175 (1) (n) of the statutes is created to read:

49.175 (1) (n) Fostering futures: connections count. For funding community connectors to interact with vulnerable families with young children and to connect families with formal and informal community support, $360,300 in fiscal year 2016-17.

55,1752 Section 1752. 49.175 (1) (p) of the statutes is amended to read:

49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $271,400,200 $262,064,700 in fiscal year 2013-14 2015-16 and $274,734,000 $280,719,700 in fiscal year 2014-15 2016-17.

55,1753 Section 1753. 49.175 (1) (q) of the statutes is amended to read:

49.175 (1) (q) Child care state administration and licensing activities. For state administration of child care programs under s. 49.155 and for child care licensing activities, $29,719,000 $35,244,600 in fiscal year 2013-14 2015-16 and $31,799,500 $33,248,300 in fiscal year 2014-15 2016-17.

55,1754 Section 1754. 49.175 (1) (qm) of the statutes is amended to read:

49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g), $13,095,800 $15,492,700 in each fiscal year.

55,1755 Section 1755. 49.175 (1) (r) of the statutes is amended to read:

49.175 (1) (r) 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, $33,688,000 $31,338,200 in each fiscal year.

55,1756 Section 1756. 49.175 (1) (s) of the statutes is amended to read:

49.175 (1) (s) Kinship care and long-term kinship care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs within the boundaries of the reservations of those tribes, $20,335,200 $21,222,700 in fiscal year 2013-14 2015-16 and $20,774,400 $21,435,000 in fiscal year 2014-15 2016-17.

55,1757 Section 1757. 49.175 (1) (t) of the statutes is amended to read:

49.175 (1) (t) Safety and out-of-home placement services. For services provided to ensure the safety of children who the department or a county determines may remain at home if appropriate services are provided, and for services provided to families with children placed in out-of-home care, $7,711,100 $3,647,200 in each fiscal year 2015-16 and $5,392,700 in fiscal year 2016-17.

55,1758 Section 1758. 49.175 (1) (u) of the statutes is amended to read:

49.175 (1) (u) Prevention services. For services to prevent child abuse or neglect in counties having a population of 500,000 or more, $1,489,600 $1,389,600 in each fiscal year.

55,1758m Section 1758m. 49.175 (1) (v) of the statutes is created to read:

49.175 (1) (v) General education development. For general education development testing and preparation for individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq., $127,000 in fiscal year 2015-16 and $115,000 in fiscal year 2016-17.

55,1759 Section 1759. 49.175 (1) (z) of the statutes is amended to read:

49.175 (1) (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America 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., focusing on study habits, intensive tutoring in math and English, and exposure to career options and role models, $1,250,000 in fiscal year 2013-14 and $1,100,000 $1,175,000 in each fiscal year 2014-15. Grants provided under this paragraph may not be used by the grant recipient to replace funding for programs that are being funded, when the grant proceeds are received, with moneys other than those from the appropriations specified in sub. (1) (intro.). The total amount of the grants for fiscal year 2013-14 includes $25,000 for the greater Wisconsin Rapids Area Boys and Girls Club to fund the Cranberry Science, Technology, Engineering, and Mathematics program and, if the program provides $125,000 in matching funds, $125,000 funds for the Green Bay Boys and Girls Clubs for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $75,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used.

55,1759m Section 1759m. 49.175 (1) (zh) of the statutes is amended to read:

49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $62,500,000 $67,600,000 in fiscal year 2015-16 and $69,700,000 in each fiscal year 2016-17.

55,1760 Section 1760. 49.175 (3) of the statutes is created to read:

49.175 (3) Limit on certain funds. Moneys from the appropriation account under s. 20.437 (3) (kp) for the allocations specified in sub. (1) shall be limited to $4,730,300 and may be expended only for obligations incurred between October 1, 2015, and September 30, 2016.

55,1761 Section 1761. 49.195 (title) of the statutes is amended to read:

49.195 (title) Recovery of aid to families with dependent children and, Wisconsin works Works benefits, and overpayments of emergency assistance .

55,1762 Section 1762. 49.195 (3) of the statutes is amended to read:

49.195 (3) A county, tribal governing body, Wisconsin works Works agency, or the department shall determine whether an overpayment has been made under s. 49.19 49.138, 49.148, 49.155 or, 49.157, or 49.19 and, if so, the amount of the overpayment. The county, tribal governing body, Wisconsin works 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 49.138, 49.148, 49.155 or, 49.157, or 49.19 that have not already been received under s. 49.138 (5), 49.161, or 49.19 (17) or received as a setoff under s. 71.93 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.

55,1762m Section 1762m. 49.22 (13) of the statutes is created to read:

49.22 (13) (a) Subject to par. (b), the department may terminate child and spousal support enforcement services if there is no longer a current support or maintenance order and either of the following applies:

1. Any support or maintenance arrearages total less than $500.

2. Any support or maintenance arrearages are considered unenforceable by a county child support agency under s. 59.53 (5) because no support or maintenance payments have been collected for 3 years and all administrative and legal remedies for collection of arrearages have been attempted or are determined to be ineffective because the payer is unable to pay, the payer has no known income or assets, and there is no reasonable prospect that the payer will be able to pay in the foreseeable future.

(b) The department shall, not less than 60 days prior to terminating child or spousal support services, notify the individual who receives the services, or the initiating state in an interstate enforcement action, of its intent to terminate services. If the individual or the state provides information to the department in response to the notification that could result in an effective enforcement action, the department may not terminate services.