Chapter 49

49.162(5) (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.

49.162(6) (6) From the appropriation under s. 20.437 (2) (em), the department shall pay substance abuse treatment costs under this section that are not otherwise covered by medical assistance under subch. IV, private insurance, or another type of coverage. If treatment costs payable by the department exceed the moneys available under s. 20.437 (2) (em), the department shall request the joint committee on finance to take action under s. 13.101. The requirement of a finding of emergency under s. 13.101 (3) (a) 1. does not apply to such a request.

49.162(7) (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).

49.162 History History: 2015 a. 55; 2017 a. 59, 195; 2021 a. 238 s. 44.

49.162 Cross-reference Cross-reference: See also ch. DCF 154, Wis. adm. code.

49.163 49.163 Transform Milwaukee Jobs program and Transitional Jobs program.

49.163(1) (1) Definitions. In this section:

49.163(1)(am) (am) “Program” means the Transform Milwaukee Jobs program, or the Transitional Jobs program, under this section.

49.163(1)(aw) (aw) “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).

49.163(1)(b) (b) “Wisconsin Works employment position” has the meaning given in s. 49.141 (1) (r).

49.163(2) (2) Eligibility for program.

49.163(2)(a) (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.

49.163(2)(am) (am) To be eligible to participate in the program, an individual must satisfy all of the following criteria:

49.163(2)(am)1. 1. Be at least 18 years of age.

49.163(2)(am)2. 2. If over 25 years of age, be a biological or adoptive parent of a child under 18 years of age whose parental rights to the child have not been terminated or be a relative and primary caregiver of a child under 18 years of age.

49.163(2)(am)3. 3. Have an annual household income that is below 150 percent of the poverty line.

49.163(2)(am)4. 4. Be unemployed for at least 4 weeks.

49.163(2)(am)5. 5. Be ineligible to receive unemployment insurance benefits.

49.163(2)(am)6. 6. Not be participating in a Wisconsin Works employment position.

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

49.163(2)(b) (b) For purposes of par. (am) 3., the household income of an individual transitioning from foster care to independent living shall be based on the individual’s own income over a period determined by the department and shall not include the household income of the individual’s foster parents.

49.163(2)(c) (c) The department may establish additional eligibility criteria consistent with its mission and the funding available.

49.163(3) (3) Program description.

49.163(3)(a) (a) The program under this section shall include all of the following features and requirements:

49.163(3)(a)1. 1. An individual may participate in the program for a maximum of 1,040 hours actually worked.

49.163(3)(a)2. 2. The department shall determine and specify in a contract whether a contractor under sub. (4) or an employer is the individual’s employer of record. The employer of record shall pay the individual for hours actually worked at not less than the federal or state minimum wage that applies to the individual.

49.163(3)(a)3. 3. The department may reimburse an employer, or a contractor under sub. (4), that employs an individual participating in the program for a minimum of 20 hours per week at a location in this state for any of the following costs that are attributable to the employment of the individual under the program:

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

49.163(3)(a)3.b. b. Federal social security and Medicare taxes.

49.163(3)(a)3.c. c. State and federal unemployment insurance contributions or taxes, if any.

49.163(3)(a)3.d. d. Worker’s compensation insurance premiums, if any.

49.163(3)(a)4. 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.

49.163(3)(a)5. 5. The employment of an individual under this section may not do any of the following:

49.163(3)(a)5.a. a. Have the effect of filling a vacancy created by an employer terminating a regular employee or otherwise reducing its work force for the purpose of hiring an individual under this section.

49.163(3)(a)5.b. b. Fill a position when any other person is on layoff or strike from the same or a substantially equivalent job within the same organizational unit.

49.163(3)(a)5.c. c. Fill a position when any other person is engaged in a labor dispute regarding the same or a substantially equivalent job within the same organizational unit.

49.163(3)(b) (b) The department may set priorities for the program consistent with its mission and available funding.

49.163(4) (4) Contract for administration. The department may contract with any person to administer the program under this section, including a Wisconsin Works agency; county department under s. 46.215, 46.22, or 46.23; local workforce development board established under 29 USC 2832; or community action agency under s. 49.265. The department, or the agency or agencies with which the department contracts under this subsection, shall do all of the following:

49.163(4)(a) (a) Determine the eligibility of applicants for the program.

49.163(4)(b) (b) Provide, or identify employers to provide, jobs for individuals transitioning to unsubsidized employment from unemployment, underemployment, limited work history, foster care, or other circumstances identified by the department.

49.163(4)(c) (c) Conduct job orientation activities.

49.163(4)(d) (d) Provide employment services, as specified by the department, for program participants.

49.163(4)(e) (e) Maintain and update participant demographic, eligibility, and employment records in the manner required by the department.

49.163(5) (5) Recovery of overpayments.

49.163(5)(a) (a) The department may recover from any individual participating, or who has participated, in the program under this section any overpayment resulting from a misrepresentation by the individual as to any criterion for eligibility under sub. (2) (am).

49.163(5)(b) (b) The department shall recover from a contractor under sub. (4) any overpayment resulting from the failure of the contractor to comply with the terms of the contract or to meet performance standards established by the department.

49.163(6) (6) Rules not required. Notwithstanding s. 227.10 (1), the department need not promulgate regulations, standards, or policies related to implementing or administering the program under this section as rules under ch. 227.

49.163 History History: 2013 a. 20, 113; 2013 a. 151 s. 27; 2015 a. 55; 2019 a. 9.

49.1635 49.1635 Wisconsin Trust Account Foundation.

49.1635(1) (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in 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 percent of the poverty line.

49.1635(2) (2) The department may not distribute funds under sub. (1) until the Wisconsin Trust Account Foundation reports to the department the amount received by the Wisconsin Trust Account Foundation in private donations.

49.1635(3) (3) If the Wisconsin Trust Account Foundation receives funds under sub. (1), it shall do all of the following:

49.1635(3)(a) (a) Develop a separate account for the funds distributed under sub. (1).

49.1635(3)(b) (b) Require each organization to which the Wisconsin Trust Account Foundation distributes funds received under sub. (1) to match 100 percent of the amount distributed to that organization that is attributable to the funds received by the Wisconsin Trust Account Foundation under sub. (1).

49.1635(3)(c) (c) Annually, prepare a report for distribution to the joint committee on finance that specifies the organizations that received funding under this section.

49.1635(4) (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.

49.1635(5) (5) 

49.1635(5)(a) (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:

49.1635(5)(a)1. 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.

49.1635(5)(a)2. 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.

49.1635(5)(a)3. 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).

49.1635(5)(b) (b)

49.1635(5)(b)1. 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.

49.1635(5)(b)2. 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.

49.1635(5)(b)3. 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.

49.1635(5)(b)4. 4. The grant proceeds may not be used for legal services for litigation against the state.

49.1635(5)(c) (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).

49.1635 History History: 1999 a. 9; 2003 a. 33; 2007 a. 20; 2017 a. 59.

49.165 49.165 Domestic abuse grants.

49.165(1) (1) Definitions. In this section:

49.165(1)(a) (a) “Domestic abuse” means physical abuse, including a violation of s. 940.225 (1), (2) or (3), or any threat of physical abuse between adult family or adult household members, by a minor family or minor household member against an adult family or adult household member, by an adult against his or her adult former spouse or by an adult against an adult with whom the person has a child in common.

49.165(1)(b) (b) “Family member” means a spouse, a parent, a child or a person related by blood or adoption to another person.

49.165(1)(c) (c) “Household member” means a person currently or formerly residing in a place of abode with another person.

49.165(1)(d) (d) “Organization” means a nonprofit corporation or a public agency that provides or proposes to provide any of the following domestic abuse services:

49.165(1)(d)1. 1. Shelter facilities or private home shelter care.

49.165(1)(d)2. 2. Advocacy and counseling for victims.

49.165(1)(d)3. 3. A 24-hour telephone service.

49.165(1)(d)4. 4. Community education.

49.165(2) (2) Distribution of funds.

49.165(2)(a) (a) The secretary shall make grants from the appropriation accounts under s. 20.437 (1) (cd) and (hh) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.

49.165(2)(b) (b) In reviewing applications for grants, the department shall consider:

49.165(2)(b)1. 1. The need for domestic abuse services in the specific community in which the applicant provides services or proposes to provide services.

49.165(2)(b)2. 2. Coordination of the organization’s services with other resources in the community and the state.

49.165(2)(b)3. 3. The need for domestic abuse services in the areas of the state served by each health systems agency, as defined in s. 140.83 (1), 1985 stats.

49.165(2)(b)4. 4. The needs of both urban and rural communities.

49.165(2)(b)5. 5. Maintenance of effort, by a city, village, town or county.

49.165(2)(c) (c) No grant may be made to an organization which provides or will provide shelter facilities unless the department of safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:

49.165(2)(c)1. 1. A 24-hour telephone service.

49.165(2)(c)2. 2. Temporary housing and food.