2001 Wisconsin Act 16

16,1660e Section 1660e. 49.143 (4m) of the statutes is created to read:

49.143 (4m) Oversight of Wisconsin works agencies. The department shall do all of the following with respect to Wisconsin works agencies that are located in counties that have a population of 500,000 or more:

(a) Monitor each agency's compliance with contracts that are entered into under sub. (1).

(b) Provide technical assistance to each agency.

(c) Assist in coordinating among the agencies the services that are offered to Wisconsin works participants.

16,1660g Section 1660g. 49.143 (6) of the statutes is amended to read:

49.143 (6) Geographical areas. The department shall determine the geographical area for which a Wisconsin works agency will administer Wisconsin works. Beginning on the effective date of this subsection .... [revisor inserts date], the department may not change the number or the boundaries of the geographical areas that have been established under this subsection unless the department first consults with a county department that is created under s. 46.21 (2m) (a) and holds at least one public hearing in each of the geographical areas that would be affected by the proposed change. Except for federally recognized American Indian reservations and in counties with a population of 500,000 or more, no geographical area may be smaller than one county. A geographical area may include more than one county. The department need not establish the geographical areas by rule.

16,1660hb Section 1660hb. 49.145 (3) (b) 1. of the statutes is amended to read:

49.145 (3) (b) 1. All earned and unearned income of the individual, except any amount received under section 32 of the internal revenue code Internal Revenue Code, as defined in s. 71.01 (6), any amount received under s. 71.07 (9e), any payment made by an employer under section 3507 of the internal revenue code Internal Revenue Code, as defined in s. 71.01 (6), any student financial aid received under any federal or state program, any scholarship used for tuition and books, and any assistance received under s. 49.148. In determining the earned and unearned income of the individual, the Wisconsin works agency may not include income earned by a dependent child of the individual.

16,1660jk Section 1660jk. 49.147 (4) (am) of the statutes is amended to read:

49.147 (4) (am) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses, employer-sponsored training, and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

16,1660jv Section 1660jv. 49.147 (5) (bm) of the statutes is amended to read:

49.147 (5) (bm) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses, employer-sponsored training, and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.

16,1660p Section 1660p. 49.1473 of the statutes is created to read:

49.1473 Wisconsin works; domestic abuse screening and training. (1) (a) The department shall promulgate rules for screening victims of domestic abuse and for the training of Wisconsin works agency employees in domestic abuse issues. The rules shall allow an individual to voluntarily and confidentially disclose that he or she is or has been a victim of domestic abuse or is at risk of further domestic abuse. The rules shall also specify the evidence that is sufficient to establish that an individual is or has been a victim of domestic abuse or is at risk of further domestic abuse.

(b) Each Wisconsin works agency shall establish procedures, in accordance with the rules promulgated by the department under par. (a), for screening victims of domestic abuse.

(2) If a Wisconsin works agency employee identifies an individual as a past or present victim of domestic abuse or determines that the individual is at risk of domestic abuse or if the individual identifies himself or herself as a past or present victim of domestic abuse or as an individual who is at risk of further abuse, the Wisconsin works agency shall provide the individual with information on community-based domestic abuse services, including information on shelters or programs for battered individuals, sexual assault provider services, medical services, sexual assault nurse examiners services, domestic violence and sexual assault hotlines, legal and medical counseling and advocacy, mental health care, counseling, and support groups. The Wisconsin works agency shall provide the information to the individual orally and in writing in accordance with guidelines developed by the department. The Wisconsin works agency shall also provide referrals for community-based counseling and supportive service providers to the individual if the individual elects to receive the services.

16,1660xa Section 1660xa. 49.155 (1) (d) of the statutes is created to read:

49.155 (1) (d) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

16,1660y Section 1660y. 49.155 (1d) (a) of the statutes is amended to read:

49.155 (1d) (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification under this paragraph of a child care provider who provides care and supervision for children under one year of age, the department shall include a requirement that all providers and all employees and volunteers of a provider who provide care and supervision for children receive, before the date on which the provider is certified or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a any other requirement for training for providers.

16,1661b Section 1661b. 49.155 (1g) (b) of the statutes is amended to read:

49.155 (1g) (b) From the appropriation under s. 20.445 (3) (mc), distribute $8,012,500 $44,955,200 in fiscal year 1999-2000 2001-02 and $7,412,500 $27,977,500 in fiscal year 2000-01 2002-03 for the purposes of providing technical assistance for child care providers and of, for administering the child care program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, for grants under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under sub. (1d), and for a system of rates or a program of grants, as provided under sub. (1d), to reimburse for reimbursement of child care providers that meet those quality of care standards and, for grants under s. 49.137 (2) and (4m), for a child care scholarship and bonus program, for safe child care activities, for administration of the department's office of child care, and for contracts under s. 49.137 (4) to improve the quality of child day care services in this state.

16,1662 Section 1662. 49.155 (1g) (c) of the statutes is amended to read:

49.155 (1g) (c) From the appropriation under s. 20.445 (3) (mc), transfer $3,596,900 $4,549,500 in fiscal year 1999-2000 2001-02 and $3,745,200 $4,733,700 in fiscal year 2000-01 2002-03 to the appropriation under s. 20.435 (3) (kx), and transfer $20,700 in fiscal year 1999-2000 and $27,700 in fiscal year 2000-01 to the appropriation under s. 20.435 (8) (kx), for the purpose of day care center licensing under s. 48.65.

16,1663j Section 1663j. 49.155 (1m) (a) 3m. of the statutes is amended to read:

49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.124 (1m) 49.13.

16,1664 Section 1664. 49.155 (1m) (bm) of the statutes is amended to read:

49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the individual meets the requirement under s. 49.145 (2) (c).

16,1665 Section 1665. 49.155 (1m) (c) (intro.) of the statutes is repealed.

16,1666 Section 1666. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

49.155 (1m) (c) 1. (intro.) The Except as provided in subds. 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 185% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following:

16,1667 Section 1667. 49.155 (1m) (c) 1g. of the statutes is amended to read:

49.155 (1m) (c) 1g. The If the individual is a foster parent of the child and, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

16,1668 Section 1668. 49.155 (1m) (c) 1h. of the statutes is amended to read:

49.155 (1m) (c) 1h. The If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child and, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

16,1669 Section 1669. 49.155 (1m) (c) 1m. of the statutes is amended to read:

49.155 (1m) (c) 1m. The If the individual was eligible under s. 49.132 (4) (a), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6), 1995 stats., and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.

16,1670 Section 1670. 49.155 (1m) (c) 2. of the statutes is amended to read:

49.155 (1m) (c) 2. The If the individual was eligible under s. 49.132 (4) (am), 1995 stats., for aid under s. 49.132, 1995 stats., and received aid under s. 49.132, 1995 stats., on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

16,1671 Section 1671. 49.155 (1m) (c) 3. of the statutes is amended to read:

49.155 (1m) (c) 3. The If the individual was eligible for a child care subsidy under s. 49.191 (2), 1997 stats., on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

16,1674 Section 1674. 49.155 (3m) (title) of the statutes is amended to read:

49.155 (3m) (title) Distribution of child care funds to counties and certain child care providers.

16,1675 Section 1675. 49.155 (3m) (a) of the statutes is amended to read:

49.155 (3m) (a) The department shall reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23 or tribal governing bodies for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers. The department may reimburse a Wisconsin works agency for child care that the Wisconsin works agency provides to the children of Wisconsin works participants and applicants.

16,1676 Section 1676. 49.155 (3m) (d) of the statutes is amended to read:

49.155 (3m) (d) No funds distributed under par. (a) may be used to provide for child care services that are provided for a child by a person child care provider who is the parent of the child or who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

16,1676n Section 1676n. 49.173 (title) of the statutes is amended to read:

49.173 (title) Workforce attachment and advancement program.

16,1678 Section 1678. 49.175 (1) (intro.) of the statutes is amended to read:

49.175 (1) Allocation of funds. (intro.) Within Except as provided in sub. (2), 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:

16,1679b Section 1679b. 49.175 (1) (a) of the statutes is repealed and recreated to read:

49.175 (1) (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, $24,654,800 in fiscal year 2001-02; and for Wisconsin works benefits provided under contracts having a term that begins on January 1, 2002, and ends on December 31, 2003, $24,654,800 in fiscal year 2001-02 and $49,309,600 in fiscal year 2002-03.

16,1680b Section 1680b. 49.175 (1) (b) of the statutes is repealed and recreated to read:

49.175 (1) (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, $63,269,900 in fiscal year 2001-02; and 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, 2002, and ends on December 31, 2003, $49,610,800 in fiscal year 2001-02 and $99,221,600 in fiscal year 2002-03.

16,1681b Section 1681b. 49.175 (1) (c) of the statutes is amended to read:

49.175 (1) (c) Performance bonuses. For the payment of 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 $12,820,800 in fiscal year 2000-01 2001-02.

16,1682bc Section 1682bc. 49.175 (1) (d) of the statutes is repealed and recreated to read:

49.175 (1) (d) Community reinvestment. 1. `Contracts for 1997 to 1999'. For the payment of community reinvestment funds that are earned as part of contracts entered into under s. 49.143 having a term that begins on September 1, 1997, and ends on December 31, 1999, $20,849,000 in fiscal year 2001-02.

2. `Contracts for 2000 and 2001.' For the payment of community reinvestment funds that are earned as part of contracts entered into under s. 49.143 having a term that begins on January 1, 2000, and ends on December 31, 2001, $2,769,900 in fiscal year 2001-02 and $5,539,700 in fiscal year 2002-03.

16,1682cd Section 1682cd. 49.175 (1) (d) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

16,1682ce Section 1682ce. 49.175 (1) (d) 2. (title) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed.

16,1682cf Section 1682cf. 49.175 (1) (d) 2. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 49.175 (1) (d).

16,1683b Section 1683b. 49.175 (1) (e) of the statutes is amended to read:

49.175 (1) (e) Initial contracts Contracts for 2000 and 2001. For contracts under s. 49.143 having a term that begins on January 1, 2000, and ends on December 31, 1999, $245,171,800 2001, $20,136,800 in fiscal year 1999-2000 2001-02.

16,1684b Section 1684b. 49.175 (1) (f) of the statutes is repealed.

16,1685b Section 1685b. 49.175 (1) (g) of the statutes is amended to read:

49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $31,831,000 $24,680,700 in fiscal year 1999-2000 2001-02 and $31,783,200 $24,693,200 in fiscal year 2000-01 2002-03.

16,1686a Section 1686a. 49.175 (1) (h) of the statutes is amended to read:

49.175 (1) (h) Food stamps for legal immigrants. For food stamp benefits to qualified aliens under s. 49.124 (8), $420,000 $745,000 in each fiscal year 2001-02.

16,1686b Section 1686b. 49.175 (1) (h) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

49.175 (1) (h) Food stamps for legal immigrants. For food stamp benefits to qualified aliens under s. 49.124 49.79 (8), $745,000 in fiscal year 2001-02.

16,1687b Section 1687b. 49.175 (1) (j) of the statutes is amended to read:

49.175 (1) (j) Funeral expenses. For funeral expenses under s. 49.30, $3,300,000 $4,550,200 in fiscal year 1999-2000 2001-02 and $3,925,100 $4,550,200 in fiscal year 2000-01 2002-03.

16,1689m Section 1689m. 49.175 (1) (o) of the statutes is repealed.

16,1690b Section 1690b. 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, $159,560,000 $274,500,000 in fiscal year 1999-2000 2001-02 and $181,050,000 $305,550,000 in fiscal year 2000-01 2002-03.

16,1691b Section 1691b. 49.175 (1) (q) of the statutes is amended to read:

49.175 (1) (q) Indirect child care services. For indirect child care services under s. 49.155 (1g), $11,812,300 $24,293,900 in fiscal year 1999-2000 2001-02 and $11,367,600 $15,458,000 in fiscal year 2000-01 2002-03.

16,1692b Section 1692b. 49.175 (1) (qm) of the statutes is created to read:

49.175 (1) (qm) Local pass-through grant program. For the local pass-through grant program under s. 49.137 (4m), $25,210,800 in fiscal year 2001-02 and $17,253,200 in fiscal year 2002-03.

16,1692m Section 1692m. 49.175 (1) (r) of the statutes is amended to read:

49.175 (1) (r) Early childhood excellence initiative. For grants under s. 49.1375, $7,500,000 in each $11,395,900 in fiscal year 2001-02 and $2,750,000 in fiscal year 2002-03.

16,1693b Section 1693b . 49.175 (1) (s) of the statutes is repealed.

16,1694b Section 1694b. 49.175 (1) (t) of the statutes is repealed.

16,1695b Section 1695b. 49.175 (1) (u) of the statutes is amended to read:

49.175 (1) (u) Workforce attachment and advancement program. For services specified under s. 49.173, $9,700,000 $9,641,000 in fiscal year 1999-2000 2001-02 and $10,000,000 $7,842,200 in fiscal year 2000-01. The department may not distribute moneys allocated under this paragraph unless the joint committee on finance approves the distribution 2002-03.

16,1696b Section 1696b. 49.175 (1) (v) of the statutes is amended to read: