Amendment ASA1-AB64

AB64-ASA1,505,7 49.162 (4) (c) If an individual or group member 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 or group member tests positive, the individual or group member will have satisfactorily completed the substance abuse testing requirements under this section.

AB64-ASA1,894 Section 894 . 49.162 (4m) of the statutes is created to read:

AB64-ASA1,505,17 49.162 (4m) (a) If an individual applying for a community service job under s. 49.147 (4) or a transitional placement under s. 49.147 (5) or his or her group member 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), and refuses to participate in substance abuse treatment under sub. (4) (a) or if the individual or his or her group member fails to cooperate with the testing or treatment requirements under sub. (4) (b), the individual remains eligible only for the monthly grant portion of the community service job or transitional placement under s. 49.148 (1) (b) or (c) and only to the extent described in par. (b).

AB64-ASA1,505,22 (b) 1. In determining the monthly grant for which an individual is eligible under par. (a), the department shall reduce the amount that would otherwise have been established under s. 49.148 (1) (b) or (c) by an amount that reflects the fact that the monthly grant is to be used exclusively for the benefit of the dependent children in the individual's Wisconsin Works group and not for the benefit of the individual.

AB64-ASA1,506,2 2. If an individual is eligible for a monthly grant under the circumstances described in par. (a), the department shall pay the monthly grant through a protective payee structure, under which the monthly grant is paid to a protective payee who is not the individual and who holds the money and uses it exclusively for the benefit of the dependent children in the individual's Wisconsin Works group.

AB64-ASA1,506,4 3. An individual's partial eligibility under par. (a) ends on the earlier of the following dates:

AB64-ASA1,506,6 a. The date on which the individual again becomes eligible for full participation in a Wisconsin Works employment position.

AB64-ASA1,506,9 b. Twelve months after the date on which the individual or his or her group member meets the circumstances described under par. (a), as determined by the department.

AB64-ASA1,895 Section 895 . 49.162 (7) of the statutes is amended to read:

AB64-ASA1,506,13 49.162 (7) The department shall promulgate rules to implement the substance abuse screening, testing, and treatment requirements under this section and the monthly grant eligibility and protective payee structure under sub. (4m).

AB64-ASA1,895g Section 895g. 49.1635 (4) of the statutes is amended to read:

AB64-ASA1,506,16 49.1635 (4) Not more than 10 percent of the total funds received by the Wisconsin Trust Account Foundation under sub. (1) may be used for administration.

AB64-ASA1,895m Section 895m. 49.1635 (5) of the statutes is created to read:

AB64-ASA1,506,22 49.1635 (5) (a) From the allocation under s. 49.175 (1) (j), the department shall make a grant of $500,000 in each fiscal year to Wisconsin Trust Account Foundation, Inc., for distribution of annual awards of not more than $75,000 per year per program to programs that provide legal services to persons who are eligible under par. (b) 2. if all of the following apply:

AB64-ASA1,507,2 1. Wisconsin Trust Account Foundation, Inc., submits a plan to the department detailing the proposed use of the grant; the proposed use of the grant conforms to the requirements under par. (b); and the secretary of the department, or his or her designee, approves the plan.

AB64-ASA1,507,6 2. Wisconsin Trust Account Foundation, Inc., enters into an agreement with the department that specifies the conditions for the use of the grant proceeds, and the conditions conform to the requirements under par. (b) and include training, reporting, and auditing requirements.

AB64-ASA1,507,8 3. Wisconsin Trust Account Foundation, Inc., agrees in writing to submit to the department the reports required under par. (c) by the times required under par. (c).

AB64-ASA1,507,11 (b) 1. Subject to subd. 3., the grant may be used only to provide legal services in civil matters related to domestic abuse, sexual abuse, or restraining orders or injunctions for individuals at risk under s. 813.123.

AB64-ASA1,507,20 2. The recipients of the legal services under a grant under this subsection shall be individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose gross incomes are at or below 200 percent of the poverty line. For purposes of this subdivision, gross income shall be determined in the same way as gross income is determined for purposes of eligibility for a Wisconsin Works employment position, as defined in s. 49.141 (1) (r), including the exclusion of any payments or benefits made under any federal law that exempts those payments or benefits from consideration in determining eligibility for any federal means-tested program.

AB64-ASA1,507,23 3. The legal services provided by a grant under this subsection shall be provided only in matters for which federal temporary assistance for needy families block grant funds under 42 USC 601 et seq. may be used.

AB64-ASA1,507,25 4. The grant proceeds may not be used for legal services for litigation against the state.

AB64-ASA1,508,9 (c) For each fiscal year in which the department makes a grant under this subsection, Wisconsin Trust Account Foundation, Inc., shall submit to the department, within 3 months after spending the full amount of that grant, a report detailing how the grant proceeds were used. The department may not make a grant in a subsequent fiscal year unless Wisconsin Trust Account Foundation, Inc., submits the report under this paragraph within the time required and the department determines that the grant proceeds were used in accordance with the approved plan under par. (a) 1., the agreement under par. (a) 2., and the requirements under par. (b).

AB64-ASA1,896 Section 896 . 49.175 (1) (a) of the statutes is amended to read:

AB64-ASA1,508,13 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $83,000,000 $42,500,000 in fiscal year 2015-16 2017-18 and $83,000,000 $44,625,000 in fiscal year 2016-17 2018-19.

AB64-ASA1,897 Section 897 . 49.175 (1) (b) of the statutes is amended to read:

AB64-ASA1,508,18 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), $58,336,500 in each fiscal year $52,000,000 in fiscal year 2017-18 and $54,600,000 in fiscal year 2018-19.

AB64-ASA1,898 Section 898 . 49.175 (1) (c) of the statutes is created to read:

AB64-ASA1,508,22 49.175 (1) (c) Case management incentive payments. For supplement payments to individuals under s. 49.255, $2,700,000 in fiscal year 2017-18 and $2,700,000 in fiscal year 2018-19.

AB64-ASA1,899 Section 899 . 49.175 (1) (d) of the statutes is created to read:

AB64-ASA1,509,3 49.175 (1) (d) Families and Schools Together. For the families and schools together program in 5 Milwaukee elementary schools to be chosen by the department, $250,000 in each fiscal year.

AB64-ASA1,901 Section 901 . 49.175 (1) (f) of the statutes is created to read:

AB64-ASA1,509,7 49.175 (1) (f) Homeless case management services grants. For grants to shelter facilities under s. 16.3085, $500,000 in each fiscal year. All moneys allocated under this paragraph shall be credited to the appropriation account under s. 20.505 (7) (kg).

AB64-ASA1,902 Section 902 . 49.175 (1) (g) of the statutes is amended to read:

AB64-ASA1,509,12 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, $15,080,200 $15,987,000 in fiscal year 2015-16 2017-18 and $15,295,800 $15,902,900 in fiscal year 2016-17 2018-19.

AB64-ASA1,903 Section 903 . 49.175 (1) (i) of the statutes is amended to read:

AB64-ASA1,509,17 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, $8,500,000 $7,000,000 in each fiscal year 2015-16 and $8,400,000 in fiscal year 2016-17.

AB64-ASA1,903m Section 903m. 49.175 (1) (j) of the statutes is amended to read:

AB64-ASA1,509,22 49.175 (1) (j) Grants for providing civil legal services. For the grants under 2015 Wisconsin Act 55, section 9106 (2q), s. 49.1635 (5) 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.

AB64-ASA1,904 Section 904 . 49.175 (1) (k) of the statutes is amended to read:

AB64-ASA1,510,2 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, $6,000,000 $7,000,000 in fiscal year 2015-16 2017-18 and $7,000,000 $8,000,000 in fiscal year 2016-17 2018-19.

AB64-ASA1,905 Section 905 . 49.175 (1) (n) of the statutes is amended to read:

AB64-ASA1,510,7 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 2017-18 and $560,300 in fiscal year 2018-19.

AB64-ASA1,906 Section 906 . 49.175 (1) (p) of the statutes is amended to read:

AB64-ASA1,510,11 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $262,064,700 $289,215,200 in fiscal year 2015-16 2017-18 and $280,719,700 $310,369,200 in fiscal year 2016-17 2018-19.

AB64-ASA1,907 Section 907 . 49.175 (1) (q) of the statutes is amended to read:

AB64-ASA1,510,16 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, $35,244,600 $36,189,400 in fiscal year 2015-16 2017-18 and $33,248,300 $36,030,000 in fiscal year 2016-17 2018-19.

AB64-ASA1,908 Section 908 . 49.175 (1) (qm) of the statutes is amended to read:

AB64-ASA1,510,20 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g), $15,492,700 $15,652,700 in each fiscal year.

AB64-ASA1,909 Section 909 . 49.175 (1) (r) of the statutes is amended to read:

AB64-ASA1,510,25 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, $31,338,200 $26,938,000 in each fiscal year.

AB64-ASA1,910 Section 910. 49.175 (1) (s) of the statutes is amended to read:

AB64-ASA1,511,8 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, $21,222,700 $22,012,100 in fiscal year 2015-16 2017-18 and $21,435,000 $22,741,200 in fiscal year 2016-17 2018-19.

AB64-ASA1,911 Section 911 . 49.175 (1) (t) of the statutes is amended to read:

AB64-ASA1,511,18 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, $3,647,200 $6,282,500 in fiscal year 2015-16 2017-18 and $5,392,700 $7,314,300 in fiscal year 2016-17 2018-19. To receive funding under this paragraph, a county shall match a percentage of the amount received that is equal to the percentage the county is required to match for a distribution under s. 48.563 (2) as specified by the schedule established by the department under s. 48.569 (1) (d).

AB64-ASA1,912 Section 912 . 49.175 (1) (u) of the statutes is amended to read:

AB64-ASA1,511,22 49.175 (1) (u) Prevention services. For services to prevent child abuse or neglect in counties having a population of 750,000 or more, $1,389,600, $5,289,600 in each fiscal year.

AB64-ASA1,913 Section 913 . 49.175 (1) (v) of the statutes is amended to read:

AB64-ASA1,512,2 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 $115,000 in each fiscal year 2015-16 and $115,000 in fiscal year 2016-17.

AB64-ASA1,916 Section 916 . 49.175 (1) (y) of the statutes is created to read:

AB64-ASA1,512,6 49.175 (1) (y) Offender reentry demonstration project. For the offender reentry demonstration project under s. 49.37 (1), $187,500 in fiscal year 2017-18 and $250,000 in fiscal year 2018-19.

AB64-ASA1,918 Section 918 . 49.175 (1) (z) of the statutes is amended to read:

AB64-ASA1,512,25 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, $1,175,000 $1,275,000 in each fiscal year. 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 includes 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. The total amount of the grants also includes funds to be equally distributed among the Milwaukee, Oshkosh, and Appleton Boys and Girls Clubs for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $100,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used.

AB64-ASA1,919 Section 919. 49.175 (1) (zh) of the statutes is amended to read:

AB64-ASA1,513,5 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, $67,600,000 $69,700,000 in each fiscal year 2015-16 and $69,700,000 in fiscal year 2016-17.

AB64-ASA1,921 Section 921 . 49.255 of the statutes is created to read:

AB64-ASA1,513,10 49.255 Case management incentive payments. An individual who receives case management services under s. 49.1475 is eligible to receive from the department a supplement of $50 per month over a period of 12 months if the individual meets the federal work participation requirements under 42 USC 607.

AB64-ASA1,922 Section 922 . 49.26 (1) (ge) of the statutes is renumbered 49.26 (1) (ge) 1. (intro.) and amended to read:

AB64-ASA1,513,14 49.26 (1) (ge) 1. (intro.) An individual fails to meet the school attendance requirement if the individual meets at least one of the following conditions:

AB64-ASA1,513,16 a. The individual is either not enrolled in school or was not enrolled in the immediately preceding semester or is a habitual truant.

AB64-ASA1,513,18 2. The Wisconsin works Works agency or county department shall verify school enrollment and attendance.

AB64-ASA1,923 Section 923 . 49.26 (1) (ge) 1. b. of the statutes is created to read:

AB64-ASA1,513,21 49.26 (1) (ge) 1. b. During the immediately preceding semester, the individual was either not enrolled in school or was a habitual truant.

AB64-ASA1,923b Section 923b. 49.34 (4) (c) of the statutes is amended to read:

AB64-ASA1,514,2 49.34 (4) (c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000 $100,000. The audit shall follow standards that the department prescribes.

AB64-ASA1,923c Section 923c. 49.34 (5m) (b) 1. of the statutes is amended to read:

AB64-ASA1,514,18 49.34 (5m) (b) 1. Subject to subds. 2. and 3. and par. (em), if If revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider may to retain from the surplus generated by that rate-based service up to 5 percent of the contract amount. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus. This subdivision does not apply to a child welfare agency that is authorized under s. 48.61 (7) to license foster homes, a group home, as defined in s. 48.02 (7), or a residential care center for children and youth, as defined in s. 48.02 (15d) revenue received under the contract unless a uniform rate is established by rule under subd. 5., in which case the contract shall allow the provider to retain the uniform percentage rate established by the rule. The retained surplus is the property of the provider.

AB64-ASA1,923d Section 923d. 49.34 (5m) (b) 2. of the statutes is repealed.

AB64-ASA1,923e Section 923e. 49.34 (5m) (b) 3. of the statutes is repealed.

AB64-ASA1,923f Section 923f. 49.34 (5m) (b) 4. of the statutes is created to read:

AB64-ASA1,515,7 49.34 (5m) (b) 4. If on December 31 of any year the provider's accumulated surplus from all contract periods ending during that year for a rate-based service exceeds the allowable retention rate under subd. 1., the provider shall provide written notice of that excess to all purchasers of the rate-based service. Upon the written request of such a purchaser received no later than 6 months after the date of the notice, the provider shall refund the purchaser's proportional share of that excess. If the department determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department may seek to recover funds after the 6-month period has expired. The department shall commence any audit or fiscal review under this subdivision within 6 years after the end of the contract period.

AB64-ASA1,923g Section 923g. 49.34 (5m) (b) 5. of the statutes is created to read:

AB64-ASA1,515,11 49.34 (5m) (b) 5. The department, in consultation with the department of health services and the department of corrections, shall promulgate rules to implement this subsection including all of the following:

AB64-ASA1,515,16 a. Requiring that contracts for rate-based services under this subsection allow a provider to retain from any surplus revenue up to 5 percent of the total revenue received under the contract, or a different percentage rate determined by the department. The percentage rate established under this subd. 5. a. shall apply uniformly to all rate-based service contracts under this subsection.

AB64-ASA1,515,18 b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this subsection.

AB64-ASA1,923h Section 923h. 49.34 (5m) (em) of the statutes is amended to read:

AB64-ASA1,516,2 49.34 (5m) (em) Notwithstanding par. (b) 1. and 2., a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 750,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

AB64-ASA1,923i Section 923i. 49.343 (5) (c) of the statutes is amended to read:

AB64-ASA1,516,5 49.343 (5) (c) The identification of the measurements specified in sub. (6) (a) and the development of the payment levels specified in sub. (6) (a).

AB64-ASA1,923j Section 923j. 49.343 (6) (a) (intro.) and 1. of the statutes are consolidated, renumbered 49.343 (6) (a) and amended to read: