AB388: Bill Text

Under current law, a parent who receives at-risk or low-income child care funding must make copayments for the cost of child care received, in accordance with a sliding scale formula provided by DILJD that is based on the parent's ability to pay. This bill directs DILJD, in providing that sliding scale formula, not to require any parent to pay more than 10% of his or her family income for the cost of child care received.

Child care worker loan repayment assistance

This bill creates a child care worker loan repayment assistance program. Under the program, a child care worker is reimbursed for 10% of the outstanding principal amount of educational loans of the child care worker or $1,000, whichever is less, if all of the following apply:

1. The child care worker has been continuously employed full-time in this state as a child care worker for not less than 12 months.

2. The child care worker graduated on or after May 1, 1996, with a degree in an area relating to early childhood education.

3. The child care worker is currently in repayment on any educational loan and is not in default on repayment.

After initial reimbursement under the program, a child care worker is eligible for additional loan repayment assistance payments, up to a maximum of 4 additional reimbursements, in the same manner as initial reimbursement under the program.

Child care resource and referral services

Under current law, DILJD is required to distribute, from federal child care and development block grant (CCDBG) moneys received, $96,000 in each of fiscal years 1995-96 and 1996-97 for grants for child care resource and referral services. This bill directs (DILJD) to distribute, from federal CCDBG moneys received, $1,781,000 in fiscal year 1997-98 and $1,870,000 in fiscal year 1998-99 for grants for child care resource and referral services.

Wisconsin works child care

Under current law, to be eligible for child care assistance under the Wisconsin works (W-2) program, an individual must have an income of no more than 165% of the federal poverty level. Also, the child care must be needed in order for the individual to do any of the following:

1. Meet the school attendance requirement under the learnfare program.

2. Work in an unsubsidized job, including training provided by an employer during the regular hours of employment.

3. Work in a W-2 employment position, including required participation in education or training activities.

4. Participate in other employment skills training, including an English as a 2nd language course, if the W-2 agency determines that the course would facilitate the individual's efforts to obtain employment; a course of study meeting the standards established by the secretary of education for the granting of a declaration of equivalency of high school graduation; a course of study at a technical college; or participation in educational courses that provide an employment skill, as determined by DILJD.

An individual may receive aid to participate in other employment skills training for up to one year and only if the individual meets at least one of the following conditions:

1. The individual has been employed in unsubsidized employment for 9 consecutive months and continues to be so employed.

2. The individual is a participant in a W-2 employment position.

This bill expands eligibility for child care assistance under W-2 to individuals who are participating in other employment skills training regardless of whether they are currently employed. The bill also raises the financial eligibility threshold from 165% of the federal poverty level to 85% of the state median income.

Other Wisconsin works

Currently, an eligible custodial parent of a child who is 12 weeks old or less may receive a monthly grant of $555 without being required to participate in any employment positions. This bill increases the permissible age of the child to one year.

Tax credits

Finally, the bill creates an income tax and franchise tax credit for 5% of child care costs, up to a maximum annual credit of $15,000. The expenses that may be counted in calculating the credit are those of acquiring, constructing and rehabilitating child care facilities; operating costs of day care facilities; and amounts paid under a contract for child care services for the claimant's employes.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB388, s. 1 Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

AB388, s. 2 Section 2. 20.235 (title) of the statutes is repealed and recreated to read:

AB388,5,4 20.235 (title) Higher educational aid programs.

AB388, s. 3 Section 3. 20.235 (1) (cw) of the statutes is created to read:

AB388,5,8 20.235 (1) (cw) Child care worker loan repayment assistance. Biennially, the amounts in the schedule for the child care worker loan repayment assistance program under s. 39.385.

AB388, s. 4 Section 4. 20.445 (3) (ct) of the statutes is created to read:

AB388,6,4 20.445 (3) (ct) Local early childhood council grants. As a continuing appropriation, the amounts in the schedule for grants for local early childhood councils under s. 49.135.

AB388, s. 5 Section 5 . 39.385 of the statutes is created to read:

AB388,6,8 39.385 Child care worker loan repayment assistance program. (1) In this section, "agency" means the agency responsible for administering the program under this section.

AB388,6,11 (2) There is established, to be administered by the agency, a loan repayment assistance program for resident child care workers who meet all of the following requirements:

AB388,6,15 (a) Have graduated on or after May 1, 1996, with a bachelor's degree from an institution of higher education, as defined in s. 39.32 (1) (a), located in this state or a degree under an associate degree program, as defined in s. 38.01 (1), in an area relating to early childhood education.

AB388,6,17 (b) Are currently in loan repayment on any student loan, which loan repayment status is not in default, as determined by the applicable lender.

AB388,6,19 (c) Have been continuously employed on a full-time basis in this state for at least 12 months as a child care worker.

AB388,6,20 (3) The agency shall:

AB388,7,3 (a) Reimburse a child care worker for 10% of the outstanding principal amount of any student loans of the child care worker or $1,000, whichever is less, for the 12-month period of eligibility under sub. (2). As a condition of eligibility for loan repayment assistance under this paragraph, the child care worker shall submit to the agency, on a form prescribed by the agency, a statement certified by the lender of an applicable student loan, within 30 days previous to the filing of the submission, that the loan repayment status of the borrower is not in default and the outstanding principal amount of the applicable student loan.

AB388,7,6 (b) For each succeeding 12-month period of eligibility under sub. (2), reimburse the child care worker as determined under par. (a). No child care worker is eligible for more than 5 loan repayment assistance payments under this section.

AB388,7,8 (c) Make the loan repayment assistance payments under pars. (a) and (b) from the appropriation account under s. 20.235 (1) (cw) subject to the availability of funds.

AB388,7,14 (d) Promulgate rules to implement and administer this section, including rules establishing the criteria and procedures for loan repayment assistance and, after first consulting with the department of health and family services, defining "child care worker" for the purposes of this section. The definition of "child care worker" shall include any child care position specified in rules of the department of health and family services relating to day care and family day care centers for children.

AB388, s. 6 Section 6. 48.651 (1) (a) of the statutes is amended to read:

AB388,7,22 48.651 (1) (a) Level I certified family day care providers, as established by the department under s. 46.03 (21). No county may certify a provider under this paragraph if the provider is a relative of all of the children for whom he or she provides care. In establishing the requirements for certification under this paragraph, the department shall include a requirement that providers have at least 20 hours of training in child development and safety. The department may establish by rule other requirements for certification under this paragraph.

AB388, s. 7 Section 7. 48.651 (1) (b) of the statutes is amended to read:

AB388,8,4 48.651 (1) (b) Level II certified family day care providers, as established by the department under s. 46.03 (21). In establishing the requirements for certification under this paragraph, the department may not shall include a requirement for training for that providers have at least 20 hours of training in child development and safety. The department may establish by rule requirements for certification under this paragraph.

AB388, s. 8 Section 8. 49.131 (2) (c) 2. of the statutes is amended to read:

AB388,8,8 49.131 (2) (c) 2. For grants under s. 49.134 (2) for child day care resource and referral services, $960,000 $1,781,000 in fiscal year 1995-96 1997-98 and $960,000 $1,870,000, in fiscal year 1996-97 1998-99.

AB388, s. 9 Section 9. 49.132 (1) (ag) of the statutes is amended to read:

AB388,8,12 49.132 (1) (ag) "At risk of becoming eligible for aid to families with dependent children" means having a family income that is equal to or less than 75% 85% of the state median income as determined by the department annually.

AB388, s. 10 Section 10. 49.132 (1) (b) of the statutes is amended to read:

AB388,8,16 49.132 (1) (b) "Gainfully employed" means working or , seeking employment or participating in a training or educational program designed to lead directly to paid employment.

AB388, s. 11 Section 11. 49.132 (1) (cm) of the statutes is repealed.

AB388, s. 12 Section 12. 49.132 (1) (d) of the statutes is created to read:

AB388,8,21 49.132 (1) (d) "Working" includes participation in the job opportunities and basic skills program under s. 49.193 and participation in a Wisconsin works employment position, as defined in s. 49.141 (1) (r).

AB388, s. 13 Section 13. 49.132 (2m) (d) 3. of the statutes is created to read:

AB388,9,2 49.132 (2m) (d) 3. No funds distributed under sub. (2) for at-risk child care may be used to pay for child care services unless the person to whom the payment is made and all employes of that person who provide care and supervision for children have received not less than 20 hours of training in child development and safety.

AB388, s. 14 Section 14. 49.132 (2r) (b) of the statutes is amended to read:

AB388,9,8 49.132 (2r) (b) A parent who receives aid under sub. (2m) is liable for the cost of child care received, payable in accordance with a sliding scale formula provided by the department that is based on the parent's ability to pay. In providing that sliding scale formula, the department may not require any parent to pay more than 10% of his or her family income for the cost of child care received.

AB388, s. 15 Section 15. 49.132 (3) (d) of the statutes is created to read:

AB388,9,14 49.132 (3) (d) No funds distributed under sub. (2) for low-income child care may be used to pay for child care services unless the person to whom the payment is made and all employes of that person who provide care and supervision for children have received not less than 20 hours of training in child development and safety.

AB388, s. 16 Section 16. 49.132 (4) (a) 2. of the statutes is amended to read:

AB388,9,20 49.132 (4) (a) 2. Except as provided in par. (am), a A parent who is gainfully employed, or who is less than 20 years of age and is enrolled in an educational program, who is in need of child care services and whose family income is equal to or less than 75% 85% of the state median income. The department shall annually determine the state median income.

AB388, s. 17 Section 17. 49.132 (4) (a) 3. of the statutes is amended to read:

AB388,9,25 49.132 (4) (a) 3. A parent who is gainfully employed, who is in need of child care services and whose family income is greater than 75% 85% of the state median income to the extent determined annually by the department. The department shall annually determine the state median income.

AB388, s. 18 Section 18. 49.132 (4) (am) of the statutes is repealed.

AB388, s. 19 Section 19. 49.132 (4) (b) of the statutes is amended to read:

AB388,10,7 49.132 (4) (b) Parents receiving aid under sub. (3) are liable for the cost of child care received, payable in accordance with a schedule developed sliding scale formula provided by the department based on ability to pay. In providing that sliding scale formula, the department may not require any parent to pay more than 10% of his or her family income for the cost of child care received.

AB388, s. 20 Section 20 . 49.135 of the statutes is created to read:

AB388,10,12 49.135 Local early childhood council grants. (1) Purpose. From the appropriation under s. 20.445 (3) (ct), the department shall provide grants, awarded under sub. (2), to public agencies or private, nonprofit organizations for the establishment or operation, or both, of local early childhood councils.

AB388,10,16 (2) Grant awards; amounts. (a) Grants shall be awarded by a body consisting of 2 representatives of the department of health and family services, 2 representatives of the department of industry, labor and job development and 2 representatives of the department of public instruction.

AB388,10,19 (b) A grant may be awarded only to an applicant that agrees to match the grant or to secure a match from local sources, through money or in-kind services, or both, as follows:

AB388,10,21 1. During the first year of the grant, in the amount of at least 25% of the amount received for that year.

AB388,10,23 2. During the 2nd and subsequent years of the grant, in the amount of at least 50% of the amount received for each year.

AB388,11,3 (c) Each grant application shall include proof of the applicant's ability to comply with par. (b). Any in-kind services proposed under par. (b) are subject to the approval of the body awarding grants under par. (a).

AB388,11,15 (3) Grant awards; criteria. In evaluating applications for grants, the body under sub. (2) (a) shall give priority to proposals that involve the planning and participation of multiple individuals and organizations, including child care providers, as defined in s. 49.001 (1), employers, parents, head start agencies designated under 42 USC 9836, child care resource and referral service grant recipients under s. 49.134, school districts, private schools, counties, cities, villages, towns, tribal governments, providers of early childhood education, early childhood family education center grant recipients under s. 48.982 (6), right from the start grant recipients under s. 48.982 (7), the Wisconsin works community steering committee under s. 49.143 (2) (a) and other individuals and organizations that have a demonstrated interest in or knowledge of child care, early childhood education or other services for young children and their families.

AB388,11,19 (4) Use of funds; functions of local early childhood councils. Any amounts granted under this section shall be used for the establishment or operation, or both, of a local early childhood council. A local early childhood council funded under this section shall do all of the following:

AB388,11,21 (a) Designate an individual to serve as the facilitator of the local early childhood council.

AB388,11,25 (b) Conduct an assessment of child care and early childhood education programs and other services for young children and their families that are available in the community and an assessment of the need for those programs and services in the community.

AB388,12,1 (c) Develop a plan to do all of the following:

AB388,12,3 1. Increase the supply and accessibility of high-quality child care and early childhood education programs in the community.

AB388,12,9 2. Foster coordination and communication between providers of child care and early childhood education, employers, the local public schools, parents, the Wisconsin works community steering committee under s. 49.143 (2) (a) and other appropriate individuals and organizations in the community to maximize the accessibility and quality of, and to minimize duplication in, the programs and services that are available in the community for young children and their families.

AB388,12,12 3. Promote and increase public awareness of the characteristics and importance of high-quality child care and early childhood education for young children.

AB388,12,15 (d) Advise the county department under s. 46.215, 46.22 or 46.23 on the development of the county department's proposed budget for the expenditure of funds allocated under ss. 49.13 and 49.131.

AB388,12,20 (5) Membership of local early childhood councils. Membership on a local early childhood council funded under this section shall be open to all persons and organizations in the community with a demonstrated interest in or knowledge of child care, early childhood education or other services for young children and their families and shall include all of the following persons as members:

AB388,12,21 (a) One or more parents of young children.

AB388,12,22 (b) One or more providers of family child care.