SB21: Bill Text

SB21,709,15 (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.

SB21,709,22 (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 administrating 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.

SB21,710,12 (b) During the time that an individual is receiving substance abuse treatment under par. (a), the administrating 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.

SB21,710,17 (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.

SB21,710,20 (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.

SB21,1741 Section 1741. 49.163 (2) (a) of the statutes is amended to read:

SB21,711,5 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.

SB21,1742 Section 1742. 49.163 (2) (am) 7. of the statutes is created to read:

SB21,711,8 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.

SB21,1743 Section 1743. 49.163 (3) (a) 3. a. of the statutes is amended to read:

SB21,711,14 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.

SB21,1744 Section 1744. 49.163 (3) (a) 4. of the statutes is amended to read:

SB21,711,20 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.

SB21,1745 Section 1745. 49.175 (1) (intro.) of the statutes is amended to read:

SB21,711,25 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:

SB21,1746 Section 1746. 49.175 (1) (a) of the statutes is amended to read:

SB21,712,4 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $82,014,000 $89,796,000 in fiscal year 2013-14 2015-16 and $72,696,000 $88,796,000 in fiscal year 2014-15 2016-17.

SB21,1747 Section 1747. 49.175 (1) (b) of the statutes is amended to read:

SB21,712,9 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.

SB21,1748 Section 1748. 49.175 (1) (g) of the statutes is amended to read:

SB21,712,14 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 $14,834,100 in fiscal year 2013-14 2015-16 and $12,812,700 $14,967,700 in fiscal year 2014-15 2016-17.

SB21,1749 Section 1749. 49.175 (1) (i) of the statutes is amended to read:

SB21,712,19 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.

SB21,1750 Section 1750. 49.175 (1) (k) of the statutes is amended to read:

SB21,712,24 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.

SB21,1751 Section 1751. 49.175 (1) (n) of the statutes is created to read:

SB21,713,4 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.

SB21,1752 Section 1752. 49.175 (1) (p) of the statutes is amended to read:

SB21,713,8 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $271,400,200 $267,945,900 in fiscal year 2013-14 2015-16 and $274,734,000 $286,777,400 in fiscal year 2014-15 2016-17.

SB21,1753 Section 1753. 49.175 (1) (q) of the statutes is amended to read:

SB21,713,13 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 $34,244,600 in fiscal year 2013-14 2015-16 and $31,799,500 $33,248,300 in fiscal year 2014-15 2016-17.

SB21,1754 Section 1754. 49.175 (1) (qm) of the statutes is amended to read:

SB21,713,17 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.

SB21,1755 Section 1755. 49.175 (1) (r) of the statutes is amended to read:

SB21,713,22 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.

SB21,1756 Section 1756. 49.175 (1) (s) of the statutes is amended to read:

SB21,714,5 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.

SB21,1757 Section 1757. 49.175 (1) (t) of the statutes is amended to read:

SB21,714,11 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.

SB21,1758 Section 1758. 49.175 (1) (u) of the statutes is amended to read:

SB21,714,15 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.

SB21,1759 Section 1759. 49.175 (1) (z) of the statutes is amended to read:

SB21,715,7 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 $1,100,000 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 for the Green Bay Boys and Girls Clubs for the BE GREAT: Graduate program, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used.

SB21,1760 Section 1760. 49.175 (3) of the statutes is created to read:

SB21,715,12 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.

SB21,1761 Section 1761. 49.195 (title) of the statutes is amended to read:

SB21,715,16 49.195 (title) Recovery of aid to families with dependent children and, Wisconsin works Works benefits, and overpayments of emergency assistance.

SB21,1762 Section 1762. 49.195 (3) of the statutes is amended to read:

SB21,716,6 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.

SB21,1763 Section 1763. 49.26 (1) (gm) 1. d. of the statutes is created to read:

SB21,716,10 49.26 (1) (gm) 1. d. A child whose Wisconsin Works group includes a participant under s. 49.147 (3), (4), or (5) who has been unable to participate in activities required under s. 49.147 (3), (4), or (5) due to the child's school-related problems.

SB21,1764 Section 1764. 49.275 of the statutes is amended to read:

SB21,716,18 49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and, child welfare under ch. 48, and community-based juvenile delinquency-related services under ch. 938 and in other matters of mutual concern under this subchapter pertaining to public welfare and under ch. 48 pertaining to, child welfare, and juvenile delinquency under this subchapter and chs. 48 and 938.

SB21,1765 Section 1765. 49.32 (1) (a) of the statutes is amended to read:

SB21,717,6 49.32 (1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased under this subchapter and ch. 48, and community-based juvenile delinquency-related services under ch. 938, purchased or provided by the department, or by a county department under s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services. The department shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department during the previous year and the costs to the state for services relating to such adoptions.

SB21,1766 Section 1766. 49.32 (1) (b) of the statutes is amended to read:

SB21,717,15 49.32 (1) (b) Except as provided in s. 49.345 (14) (b) and (c), any person receiving services purchased or provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a).

SB21,1767 Section 1767. 49.32 (2) (b) of the statutes is amended to read:

SB21,717,21 49.32 (2) (b) The department may make social services payments and payments for community-based juvenile delinquency-related services directly to recipients, vendors, or providers in accordance with law and rules of the department on behalf of the counties which that have contracts to have such those payments made on their behalf.

SB21,1768 Section 1768. 49.325 (1) (a) of the statutes is amended to read:

SB21,718,2 49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services purchased or directly provided or purchased under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. 938 to the department by December 31 annually.

SB21,1769 Section 1769. 49.325 (2) of the statutes is amended to read:

SB21,718,10 49.325 (2) Assessment of needs. Before developing and submitting a proposed budget for services purchased or directly provided or purchased under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. 938 to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

SB21,1770 Section 1770. 49.325 (2g) (a) of the statutes is amended to read:

SB21,719,3 49.325 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services purchased or directly provided or purchased under this subchapter or ch. 48, for community-based juvenile delinquency-related services purchased or directly provided under ch. 938, and for such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

SB21,1771 Section 1771. 49.325 (2g) (b) of the statutes is amended to read:

SB21,719,10 49.325 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for community-based juvenile delinquency-related services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department.

SB21,1772 Section 1772. 49.325 (2g) (c) of the statutes is amended to read:

SB21,719,16 49.325 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of services under this subchapter or ch. 48 or of community-based juvenile delinquency-related services under ch. 938 to the committee for review and approval.

SB21,1773 Section 1773. 49.325 (2r) (a) 1. of the statutes is amended to read:

SB21,719,22 49.325 (2r) (a) 1. For services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 that duplicate or are inconsistent with services being purchased or provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.

SB21,1774 Section 1774. 49.325 (2r) (a) 2. of the statutes is amended to read:

SB21,720,5 49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for the provision of services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

SB21,1775 Section 1775. 49.34 (1) of the statutes is amended to read:

SB21,720,17 49.34 (1) All services under this subchapter and ch. 48 and all community-based juvenile delinquency-related services under ch. 938 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it the department shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

SB21,1776 Section 1776. 49.34 (2) of the statutes is amended to read:

SB21,720,25 49.34 (2) All services purchased under this subchapter and ch. 48 and all community-based juvenile delinquency-related services purchased under ch. 938 shall meet standards established by the department and other requirements specified by the purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of the services, and document the specific services in meeting the service plan for the client and the objective of the service.

SB21,1777 Section 1777. 49.34 (3) (f) of the statutes is repealed.

SB21,1778 Section 1778. 49.345 (1) of the statutes is amended to read:

SB21,721,7 49.345 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section are governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2) or ch. 767.

SB21,1779 Section 1779. 49.345 (2) of the statutes is amended to read:

SB21,722,4 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including but not limited to a person placed under s. 48.345 (3) or , 48.357 (1) or (2m), 938.183, 938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 49.32 (1). If a spouse, widow, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof of the notice is not a condition of liability.

SB21,1780 Section 1780. 49.345 (8) (g) of the statutes is amended to read:

SB21,722,8 49.345 (8) (g) Pay quarterly from the appropriation under s. 20.437 (1) (gg) the collection moneys due county departments under ss. 46.215, 46.22, and 46.23. Payments shall be made as soon after the close of each quarter as is practicable.

SB21,1781 Section 1781. 49.345 (14) (b) of the statutes is amended to read:

SB21,722,17 49.345 (14) (b) Except as provided in par. (c), and subject to par. (cm), liability of a parent specified in sub. (2) or s. 49.32 (1) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

SB21,1782 Section 1782. 49.345 (14) (e) 1. of the statutes is amended to read:

SB21,723,2 49.345 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

SB21,1783 Section 1783 . 49.345 (14) (e) 1. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read: