2003 Wisconsin Act 33

33,1161 Section 1161. 46.481 (2) of the statutes is renumbered 16.964 (9) (b) and amended to read:

16.964 (9) (b) The department shall award A grant in the amount of $5,000 in each fiscal year as a grant to the Milwaukee police athletic league Police Athletic League to purchase sports and recreational equipment for a gymnasium facility located at 2449 N. 36th Street in the city of Milwaukee and for a gymnasium facility located at 2544 N. 30th Street in the city of Milwaukee, and to contribute to the operating expenses of those gymnasium facilities.

33,1162 Section 1162. 46.481 (4) (title) of the statutes is repealed.

33,1163 Section 1163. 46.481 (4) of the statutes is renumbered 16.964 (9) (c) and amended to read:

16.964 (9) (c) The department shall distribute A grant in the amount of $50,000 in each fiscal year as grants to court-appointed special advocate programs that are recognized by a chief judge of a judicial administrative district under s. 48.07 (5) to perform advocacy services in proceedings under s. 48.13.

33,1164 Section 1164. 46.481 (6) (title) of the statutes is repealed.

33,1165 Section 1165. 46.481 (6) of the statutes is renumbered 16.964 (9) (d) and amended to read:

16.964 (9) (d) The department shall distribute A grant in the amount of $50,000 in each fiscal year to the children's safe house child care program Children's Safe House Child Care Program in Kenosha County for the operation of that program.

33,1166 Section 1166. 46.485 (2g) (intro.) of the statutes is amended to read:

46.485 (2g) (intro.) From the appropriation accounts under s. 20.435 (4) (b) and (gp), the department may in each fiscal year transfer funds to the appropriation under s. 20.435 (7) (kb) for distribution under this section and from the appropriation under s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:

33,1167m Section 1167m. 46.485 (2g) (b) (intro.) of the statutes is created to read:

46.485 (2g) (b) (intro.) Any of the following applies to the county:

33,1168m Section 1168m. 46.485 (2g) (b) of the statutes is renumbered 46.485 (2g) (b) 1.

33,1169 Section 1169. 46.485 (2g) (b) 2. of the statutes is created to read:

46.485 (2g) (b) 2. The county provides service coordination, as defined in s. 46.56 (1) (L), on behalf of a child with a serious emotional disturbance and the child's family in the county.

33,1170 Section 1170. 46.485 (3g) of the statutes is amended to read:

46.485 (3g) The amount that the department may transfer under sub. (2g) for a county counties may not exceed the estimated state share of payments under s. 49.45, 49.46 or 49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county severe emotional disturbances.

33,1171 Section 1171. 46.485 (3r) of the statutes is amended to read:

46.485 (3r) Funds that a county does not encumber from the appropriation under s. 20.435 (7) (kb) that the department does not distribute to a county before 24 months after June 30 of the fiscal year in which the department allocated the funds were distributed to the county under sub. (2g) lapse to the appropriation under s. 20.435 (4) (b). A county may at any time expend funds that the department distributes to the county, consistent with the requirements under sub. (3m).

33,1172 Section 1172. 46.85 (1) of the statutes is amended to read:

46.85 (1) The department may establish and operate a senior companion program Senior Companion Program modeled after the federal senior companion program Senior Companion Program under 42 USC 5011 (b), in effect on April 30, 1980. If operated, the program shall engage the services of low-income persons aged 60 or over to provide supportive person-to-person assistance in health, education, recreation, welfare and related fields to persons aged 60 or over with special needs who reside in their own homes, and it may engage other persons aged 60 or older, regardless of income, as volunteers in similar activities. The department may also establish and operate a retired senior volunteers program Retired Senior Volunteer Program modeled after the federal retired senior volunteers program Retired Senior Volunteer Program under 42 USC 5001, in effect on April 30, 1980, to provide voluntary services in a community. If operated, the program shall engage persons aged 60 55 or over older as volunteers.

33,1173 Section 1173. 46.85 (3) of the statutes is repealed.

33,1174 Section 1174. 46.85 (3m) (a) of the statutes is amended to read:

46.85 (3m) (a) From the appropriation under s. 20.435 (7) (dh), the department shall provide a state supplement to federally funded senior companion and retired senior volunteer program Senior Companion Program and Retired Senior Volunteer Program units that were in operation on December 1, 1988, and administered by qualified public and non-profit private agencies.

33,1176 Section 1176. 46.90 (4) (b) 2. a. of the statutes is repealed.

33,1177 Section 1177. 46.90 (4) (b) 2. b. of the statutes is amended to read:

46.90 (4) (b) 2. b. Any employee of an employer not described in subd. 2. a. who is discharged or otherwise discriminated against may file a complaint with the department of workforce development under s. 106.54 (5).

33,1178 Section 1178. 46.90 (4) (b) 2. c. of the statutes is amended to read:

46.90 (4) (b) 2. c. Any person not described in this subd. 2. a. or b. who is retaliated or discriminated against in violation of subd. 1. may commence an action in circuit court for damages incurred as a result of the violation.

33,1179 Section 1179. 46.93 of the statutes is repealed.

33,1180 Section 1180. 46.973 (3) of the statutes is amended to read:

46.973 (3) The department may accept, receive, administer, and expend any money, material, or other gifts or grants of any description for purposes related to those set forth in this section. Moneys and grants received under this section shall be deposited with the state treasurer secretary of administration and shall be credited to the department under s. 20.435 (2) (i) and expended by the department or the state council on alcohol and other drug abuse for the purposes specified.

33,1183 Section 1183. 46.997 (2) (b) of the statutes is amended to read:

46.997 (2) (b) The department of health and family services shall award the grants under par. (a) on a competitive basis and according to request-for-proposal procedures that the department of health and family services shall prescribe in consultation with the department of workforce development, the adolescent pregnancy prevention and pregnancy services board, local health departments, as defined in s. 250.01 (4), and other providers of services to eligible persons. Those request-for-proposal procedures shall include a requirement that a private agency that applies for a grant under par. (a) include in its grant application proof that the private agency has the cultural competency to provide services under the grant to persons and families in the various cultures in the private agency's target population and that cultural competency is incorporated in the private agency's policies, administration, and practices. In awarding the grants under par. (a), the department of health and family services shall consider the need for those grants to be distributed both on a statewide basis and in the areas of the state with the greatest need for 2nd-chance homes and the need to provide placements for children who are voluntarily placed in a 2nd-chance home as well as for children who are placed in a 2nd-chance home by court order.

33,1184 Section 1184. 47.02 (6) (a) of the statutes is amended to read:

47.02 (6) (a) From the appropriation under s. 20.445 (5) (bm) (a), provide financial aid to any person with a disability who is receiving vocational rehabilitation training and who has no other source of aid.

33,1185 Section 1185. 47.03 (4) (b) of the statutes is amended to read:

47.03 (4) (b) The department may charge a portion of the expenses of its supervised business enterprise program to the net proceeds of each business operating under the program. The department shall establish the procedure for setting these charges by rule, with the participation of a committee of blind vendors established under 20 USC 107b-1. The department shall deposit the moneys from the charges made under this paragraph in the appropriations appropriation accounts under ss. 20.435 (7) (kd) and s. 20.445 (5) (h) and (he).

33,1186 Section 1186. 47.03 (7) of the statutes is amended to read:

47.03 (7) If the department decides that a business under sub. (4) would not be feasible and profitable in any state building, the department may contract with vending machine operators to install vending machines in the building, giving preference to blind operators of vending machines. The department may, under the procedures established as required under sub. (4) (b), charge the net proceeds of each business operating under this subsection. The department shall deposit the moneys from the charges made under this subsection in the appropriations appropriation account under s. 20.445 (5) (h) and (hd) and shall disburse the proceeds to provide services to blind persons under sub. (4) in accordance with 20 USC 107 to 107f.

33,1187 Section 1187. 47.03 (11) (e) of the statutes is amended to read:

47.03 (11) (e) The department shall distribute at least $218,600 from the appropriations in s. 20.445 (5) (bm) (a) and (na) (n) in each fiscal year for homecraft services relating to the marketing and distribution of homecraft products for each client who participates in the homecraft program.

33,1188 Section 1188. 48.275 (2) (d) of the statutes is amended to read:

48.275 (2) (d) 1. In a county having a population of less than 500,000, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the county treasurer, who shall deposit 25% of the amount paid for state-provided counsel in the county treasury and transmit the remainder to the state treasurer secretary of administration. Payments transmitted to the state treasurer secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L). The county treasurer shall deposit 100% of the amount paid for county-provided counsel in the county treasury.

2. In a county having a population of 500,000 or more, reimbursement payments shall be made to the clerk of courts of the county where the proceedings took place. Each payment shall be transmitted to the state treasurer secretary of administration, who shall deposit the amount paid in the general fund and credit 25% of the amount paid to the appropriation account under s. 20.435 (3) (gx) and the remainder to the appropriation account under s. 20.550 (1) (L).

33,1189 Section 1189. 48.715 (3) (a) 3. of the statutes is amended to read:

48.715 (3) (a) 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 48.72, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

33,1189g Section 1189g. 48.981 (1) (b) of the statutes is amended to read:

48.981 (1) (b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 child caring institution or a Type 2 secured correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the halfway house program under s. 301.0465, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534 or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or any other person under contract with the department of corrections, the department of health and family services or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 to exercise custody or supervision over the offender.

33,1189r Section 1189r. 48.981 (1) (b) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

48.981 (1) (b) "Community placement" means probation; extended supervision; parole; aftercare; conditional transfer into the community under s. 51.35 (1); conditional transfer or discharge under s. 51.37 (9); placement in a Type 2 child caring institution or a Type 2 secured correctional facility authorized under s. 938.539 (5); conditional release under s. 971.17; supervised release under s. 980.06 or 980.08; participation in the community residential confinement program under s. 301.046, the halfway house program under s. 301.0465, the intensive sanctions program under s. 301.048, the corrective sanctions program under s. 938.533, the intensive supervision program under s. 938.534 or the serious juvenile offender program under s. 938.538; or any other placement of an adult or juvenile offender in the community under the custody or supervision of the department of corrections, the department of health and family services, a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or any other person under contract with the department of corrections, the department of health and family services or a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 to exercise custody or supervision over the offender.

33,1190 Section 1190. 48.985 (2) of the statutes is amended to read:

48.985 (2) Community social and mental hygiene services. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,964,400 $3,809,600 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.

33,1194 Section 1194. 49.138 (1m) (intro.) of the statutes is amended to read:

49.138 (1m) (intro.) The department shall implement a program of emergency assistance to needy persons in cases of fire, flood, natural disaster, homelessness or impending homelessness, or energy crisis. The department shall establish the maximum amount of aid to be granted, except for cases of energy crisis, per family member based on the funding available under s. 20.445 (3) (dc) (dz) and (md). The department need not establish the maximum amount by rule under ch. 227. The department shall publish the maximum amount and annual changes to it in the Wisconsin administrative register. Emergency assistance provided to needy persons under this section in cases of fire, flood, natural disaster, or energy crisis may only be provided to a needy person once in a 12-month period. Emergency assistance provided to needy persons under this section in cases of homelessness or impending homelessness may be used only to obtain or retain a permanent living accommodation and, except as provided in sub. (2), may only be provided to a needy person once in a 36-month period. For the purposes of this section, a family is considered to be homeless, or to be facing impending homelessness, if any of the following applies:

33,1223m Section 1223m. 49.147 (1m) of the statutes is renumbered 49.147 (1m) (b) and amended to read:

49.147 (1m) (b) Upon determining If the Wisconsin Works agency determines that the appropriate placement for an individual is in unsubsidized employment or a trial job, the Wisconsin works agency shall conduct an educational needs assessment of the individual. If the Wisconsin works agency determines and that the individual needs and wishes to pursue basic education, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, and if the individual wishes to pursue basic education, the Wisconsin works agency shall include basic education in an employability plan developed for the individual. The Wisconsin works Works agency shall pay for the basic education services identified in the employability plan developed for the individual.

33,1223p Section 1223p. 49.147 (1m) (a) of the statutes is created to read:

49.147 (1m) (a) A Wisconsin Works agency shall conduct an educational needs assessment of each individual who applies for a Wisconsin Works employment position. If the individual and the Wisconsin Works agency determine that the individual needs, or would benefit from, education or training activities, including a course of study meeting the standards established under s. 115.29 (4) (a) for the granting of a declaration of equivalency of high school graduation, and if the Wisconsin Works agency determines that the individual is eligible for a Wisconsin Works employment position, the Wisconsin Works agency shall include education or training activities in any employability plan developed for the individual.

33,1224 Section 1224. 49.147 (6) (c) of the statutes is amended to read:

49.147 (6) (c) Distribution and administration. From the appropriations under s. 20.445 (3) (e) (dz), (jL), and (md), the department shall distribute funds for job access loans to a Wisconsin works Works agency, which shall administer the loans in accordance with rules promulgated by the department.

33,1225 Section 1225. 49.147 (6) (cm) of the statutes is created to read:

49.147 (6) (cm) Collection of delinquent repayments. 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.

2. Subdivision 1. applies to delinquent repayments existing on or after the effective date of this subdivision .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.

33,1242 Section 1242. 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 $44,955,200 $7,593,500 in fiscal year 2001-02 2003-04 and $27,977,500 $7,597,300 in fiscal year 2002-03 for the purposes of providing technical assistance for child care providers, 2004-05 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, 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), for a system of rates or a program of grants, as provided under sub. (1d), for reimbursement of child care providers that meet those quality of care standards, for grants under s. 49.137 (2) and (4m), for a child care scholarship and bonus program, for safe child care activities, and 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.

33,1243 Section 1243. 49.155 (1g) (c) of the statutes is amended to read:

49.155 (1g) (c) From the appropriation account under s. 20.445 (3) (mc), transfer $4,549,500 $4,440,600 in fiscal year 2001-02 2003-04 and $4,733,700 $4,507,900 in fiscal year 2002-03 2004-05 to the appropriation account under s. 20.435 (3) (kx).

33,1244 Section 1244. 49.155 (1g) (d) of the statutes is repealed.

33,1247 Section 1247. 49.1635 (1) of the statutes is amended to read:

49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) (md) the department shall may distribute funds to the Wisconsin Trust Account Foundation in an amount equal up to the amount received by the foundation from private donations, but not to exceed $100,000 in each a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.

33,1248 Section 1248. 49.167 (1) (intro.) of the statutes is amended to read:

49.167 (1) (intro.) The department shall may award grants to counties, tribal governing bodies, and private entities to provide community-based alcohol and other drug abuse treatment programs that are targeted at individuals who have a family income of not more than 200% of the poverty line and who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and that do all of the following:

33,1249 Section 1249. 49.167 (2) (intro.) of the statutes is amended to read:

49.167 (2) (intro.) The department shall do all of the following with respect to the any grants awarded under par. (a):

33,1250 Section 1250. 49.169 (2) of the statutes is amended to read:

49.169 (2) The department shall may award not more than $1,404,100 in grants to qualified applicants for the provision of literacy training to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et. et seq.

33,1251 Section 1251. 49.169 (4) of the statutes is amended to read:

49.169 (4) The department, in consultation with the technical college system board, the department of public instruction, and the governor's office, shall develop written criteria to be used to evaluate the any grant proposals and to allocate the any grants under this section among the successful grant applicants.

33,1251m Section 1251m. 49.173 of the statutes is repealed.

33,1252 Section 1252. 49.175 (1) (intro.) of the statutes is amended to read:

49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (cm), (dc), (dz), (e), (jL), (k), (kx), (L), (mc), (md), (nL), (pm), and (ps) (s), the department shall allocate the following amounts for the following purposes:

33,1253 Section 1253. 49.175 (1) (a) of the statutes is amended to read:

49.175 (1) (a) Wisconsin works Works benefits. For Wisconsin works Works benefits provided under contracts having a term that begins on January 1, 2000 2002, and ends on December 31, 2001 2003, $24,654,800 $33,219,700 in fiscal year 2001-02 2003-04; and for Wisconsin works Works benefits provided under contracts having a term that begins on January 1, 2002 2004, and ends on December 31, 2003 2005, $24,654,800 $33,219,700 in fiscal year 2001-02 2003-04 and $49,309,600 $66,439,400 in fiscal year 2002-03 2004-05.

33,1254 Section 1254. 49.175 (1) (b) of the statutes is amended to read:

49.175 (1) (b) Wisconsin works Works administration and ancillary services. For administration of Wisconsin works and program services under Wisconsin works Works performed under contracts under s. 49.143 having a term that begins on January 1, 2000 2002, and ends on December 31, 2001, $63,269,900 2003, $10,582,800 in fiscal year 2001-02 2003-04; and for administration of Wisconsin works and program services under Wisconsin works Works performed under contracts under s. 49.143 having a term that begins on January 1, 2002 2004, and ends on December 31, 2003, $49,610,800 2005, $10,582,900 in fiscal year 2001-02 2003-04 and $99,221,600 $21,165,700 in fiscal year 2002-03 2004-05.

33,1255 Section 1255. 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 Works agencies that have entered into contracts under s. 49.143 having a term that begins on January 1, 2000 2002, and that ends on December 31, 2001, $12,820,800 2003, $0 in fiscal year 2001-02 2003-04.

33,1256 Section 1256. 49.175 (1) (d) of the statutes is repealed.