AB591: Bill Text

Wisconsin works agency contracts

This bill allows DILJD (or, before July 1, 1996, DHSS) to contract with a person to administer Wisconsin works. DILJD must award the contract on the basis of a competitive process that is approved by the department of administration (DOA); however, if DOA finds that it is in the best interest of the state to do so, DILJD may award the contract on the basis of a noncompetitive process. If no acceptable provider in a given geographical area is selected under either process, DILJD may administer Wisconsin works directly in that geographical area, or may require the county or counties that comprise that geographical area to administer Wisconsin works for up to 12 months succeeding the statewide implementation of the program. A county, in turn, may contract with any person to administer the program without going through a competitive process. Under current law, state contractual services contracts are supervised and administered by DOA or state agencies to which DOA delegates its authority. Currently, state contractual service contracts are subject to rules of DOA governing conflicts of interest and requirements concerning evaluations of contractors, and are subject to approval by the secretary of employment relations. DOA must report annually to the governor and legislature concerning contractual services procurements. The bill allows the secretary of DOA to exempt Wisconsin works contracts from these requirements. The bill also allows the secretary of DOA to exempt these contracts from preferences for certain procurements and from certain requirements relating to solid waste, recycling and historic preservation. Under the bill, Wisconsin works contracts are, however, subject to requirements for nondiscrimination in state contracting.

Under each contract, the Wisconsin works agency is required to establish a community steering committee to facilitate training and employment opportunities for participants. The Wisconsin works agency is also required to establish a children's services network to provide information about community services available to the children in a Wisconsin works group.

Other

Kinship care

Under current law, a parent or guardian may place a child in the home of a relative without the relative having to be licensed to operate a foster home. Currently, however, a relative who is providing care and maintenance for a child may request a license to operate a foster home for the child and, if the license is granted, may receive an age-related monthly foster care rate, plus supplemental payments, for the care and maintenance of the child.

This bill requires a county department of human services or social services (county department) to make payments, as determined by DHFS, to a relative of a child, other than the child's parent or stepparent, who is providing care and maintenance for the child (kinship care) if all of the following conditions apply:

1. The relative applies for kinship care payments and the county department determines that there is a need for the child to be placed with the relative and that the placement with the relative benefits the child.

2. The county department determines that the child meets one or more of the criteria under which a court assigned to exercise jurisdiction under the children's code (juvenile court) may exercise jurisdiction over a child in need of protection or services or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

3. The county department determines, through an assessment, that the child will be safe in the relative's home.

4. The county department conducts a background investigation of the relative and any other adult residing in the relative's home to determine if the relative or other adult has any arrests or convictions that could adversely affect the child or the relative's ability to care for the child.

5. The relative cooperates with the county department in the application process, including applying for other forms of assistance for which the relative may be eligible.

If a county department makes kinship care payments to a relative of a child, the county department must refer to the attorney responsible for child support enforcement the name of the child's parent or parents and require the parent or parents to initiate or continue health care insurance coverage for the child or, if the parent or parents are unable to do so, require the kinship care relative to initiate or continue that coverage. Under the bill, a relative who is receiving kinship care payments may not also receive foster care payments.

Under current law, if the court assigned to exercise jurisdiction under the children's code (juvenile court) terminates the parental rights of both of a child's parents or of a child's only living parent, the juvenile court may transfer guardianship and custody of the child pending adoptive placement to a relative of the child with whom the child resides, if the relative has filed a petition to adopt the child, or, if the juvenile court finds that it is unlikely that the child will be adopted or that adoption is not in the best interests of the child, the juvenile court may place the child under sustaining care in the home of a foster parent or treatment foster parent. This bill permits a juvenile court to place a child in the home of a kinship care relative pending adoption or to place a child under sustaining care in the home of a kinship relative.

Appropriations

This bill consolidates the state general purpose revenue appropriations for public assistance and local aids. Under the new appropriation, DILJD (or, before July 1, 1996, DHSS) must allocate specified amounts for specified purposes, such as income maintenance payments and low-income and at-risk child care subsidies. The department is permitted to use up to 30% of the money allocated for any one purpose under the appropriation for any other purpose under the appropriation.

Job opportunities and basic skills program

Under current law, certain recipients of AFDC are required to participate in the job opportunities and basic skills program (JOBS). JOBS has several components including work supplementation, in which participation is voluntary, and postsecondary education and vocational skills training. This bill makes participation in work supplementation mandatory. In addition, the bill eliminates postsecondary education and vocational skills training from the components of JOBS.

Currently, the department may require an eligible adult caretaker of a child who is at least one year old to participate full-time in JOBS. This bill requires DHSS to request a waiver to require an eligible adult caretaker of a child who is at least 12 weeks old to participate in JOBS full-time.

The community work experience program (CWEP) is a component of JOBS. Currently, no person may be required to work more than 32 hours per week in CWEP. With certain exceptions, no person may be required to work more than 16 weeks in CWEP in a 12-month period. This bill requires DHSS to seek a waiver to require persons to participate in CWEP up to 40 hours per week and up to 6 months in a 12-month period.

Food stamps

This bill permits DILJD to contract with a Wisconsin works agency to administer the food stamp program for recipients who are Wisconsin works employment position participants and for recipients who are eligible to participate in a Wisconsin works employment position, but do not participate. This bill allows DILJD, to the extent permitted by waiver or federal law, to require all able-bodied food stamp recipients aged 18 to 64, who are eligible to participate in a Wisconsin works employment position to participate in a Wisconsin works employment position instead of the food stamp employment and training program. The bill also allows the DILJD, to the extent permitted by federal law or waiver, to provide food stamps to recipients who are required to work on the basis of the number of hours worked. The number of hours that a recipient would be required to work would be determined by dividing the amount of food stamps received by the federal minimum wage. Every hour that the recipient failed to work would result in a reduction in food stamps in an amount equal to the federal minimum wage.

Tax

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

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:

AB591, s. 1 Section 1. 13.101 (6) (a) of the statutes is amended to read:

AB591,13,2 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (4) (a), (d) (dz) and (e), (6) (a) and (7) (da) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB591, s. 2 Section 2. 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB591,13,23 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

AB591, s. 3 Section 3. 16.39 (4) (bm) of the statutes is created to read:

AB591,14,2 16.39 (4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which one member is a participant under s. 49.147 (3) to (5).

AB591, s. 4 Section 4. 16.75 (6) (bm) of the statutes is created to read:

AB591,14,11 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) with respect to any contract entered into by the department of industry, labor and job development under s. 49.143, if the department of industry, labor and job development presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process. The department of administration or its designated agent need not publish a class 2 notice under ch. 985 of its intent to award such a contract.

AB591, s. 5 Section 5. 16.75 (6) (bs) of the statutes is created to read:

AB591,14,14 16.75 (6) (bs) Subsections (1) to (5) do not apply to contracts entered into by a county under s. 49.143 (1) (b).

AB591, s. 6 Section 6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:

AB591,14,17 16.841 (1) (intro.) In this section, "agency":

AB591,14,18 (a) "Agency" has the meaning given in s. 16.70 (1).

AB591, s. 7 Section 7. 16.841 (1) (b) of the statutes is created to read:

AB591,14,21 16.841 (1) (b) "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

AB591, s. 8 Section 8. 16.841 (2) of the statutes is amended to read:

AB591,15,2 16.841 (2) The department shall contract with one or more child care providers, as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for child care services to be offered to the children of employes of agencies whose work stations are located in an area designated by the department comprising the central portion of the city of Madison.

AB591, s. 9 Section 9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

AB591, s. 10 Section 10. 20.435 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 808, is amended to read:

AB591,15,17 20.435 (1) (b) Medical assistance program benefits. Biennially, the amounts in the schedule to provide the state share of medical assistance program benefits administered under s. 49.45, to provide medical assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to provide health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9) and (10). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation and may transfer between fiscal years funds that it transfers from the appropriation under sub. (3) (kb) for the purposes specified in s. 46.485 (3r).

AB591, s. 11 Section 11. 20.435 (1) (bm) of the statutes is amended to read:

AB591,16,9 20.435 (1) (bm) Medical assistance administration. Biennially, the amounts in the schedule to provide the state share of administrative contract costs for the medical assistance program under s. 49.45 and health care coverage under s. 49.153 and to reimburse insurers for their costs under s. 49.475. No state positions may be funded in the department of health and social services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the medical assistance program between the subunit of the department primarily responsible for administering the medical assistance program and another subunit of the department.

AB591, s. 12 Section 12. 20.435 (1) (o) of the statutes is amended to read:

AB591,16,13 20.435 (1) (o) Federal aid; medical assistance. All federal moneys received for meeting costs of medical assistance administered under s. 49.45 and for meeting the costs of health care coverage under s. 49.153.

AB591, s. 13 Section 13. 20.435 (4) (cn) of the statutes is repealed.

AB591, s. 14 Section 14. 20.435 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 848, is repealed.

AB591, s. 15 Section 15. 20.435 (4) (dc) of the statutes is repealed.

AB591, s. 16 Section 16. 20.435 (4) (de) of the statutes is repealed.

AB591, s. 17 Section 17. 20.435 (4) (df) of the statutes, as affected by 1995 Wisconsin Act 27, section 853, is repealed.

AB591, s. 18 Section 18. 20.435 (4) (dg) of the statutes is repealed.

AB591, s. 19 Section 19. 20.435 (4) (dz) of the statutes is created to read:

AB591,17,21 20.435 (4) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g); for child care and related transportation costs under s. 49.50 (7) (e); for child care costs under ss. 46.98 (2m) and (3), 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b); for county administered public assistance benefits under s. 49.52; for payment distribution under s. 49.52 (1) for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62; for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) and for case management services for learnfare pupils under s. 46.62; for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591, s. 20 Section 20. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (3) (dz) and amended to read:

AB591,19,2 20.445 (3) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g) 49.191 (2); for child care and related transportation costs under s. 49.50 (7) (e) ss. 49.155, 49.157 and 49.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3), 49.191 (1) and 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits under s. 49.52 49.33; for payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for payments to Wisconsin works agencies for the Wisconsin works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin works health coverage eligibility determination under s. 49.153 (3); for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, or for the cost of kinship care under s. 48.57 (3m); for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) 49.26 (1) and for case management services for learnfare pupils under s. 46.62 49.26 (2); for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253 49.36; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties and Wisconsin works agencies for fraud investigation and error reduction under s. 49.197 (1m) and (4).

AB591, s. 21 Section 21. 20.445 (3) (jm) of the statutes is created to read:

AB591,19,6 20.445 (3) (jm) Wisconsin works fees. All moneys received from fees and other payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works program.

AB591, s. 22 Section 22. 46.032 of the statutes is amended to read:

AB591,19,17 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591, s. 23 Section 23. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27, section 2042, and .... (this act), is repealed and recreated to read:

AB591,20,4 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

AB591, s. 24 Section 24. 46.215 (1) (k) of the statutes is amended to read:

AB591,20,10 46.215 (1) (k) To certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, if the county accepts a contract to do so, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

AB591, s. 25 Section 25. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB591,20,15 46.22 (1) (b) 2. a. To administer aid to families with dependent children under s. 49.19. This subdivision paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB591, s. 26 Section 26. 46.22 (1) (b) 2. d. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read:

AB591,20,20 46.22 (1) (b) 2. d. To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029, if the county accepts a contract to do so.

AB591, s. 27 Section 27. 46.25 (6) of the statutes is amended to read:

AB591,21,3 46.25 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 49.19 or 49.47 or benefits under s. 49.148. The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB591, s. 28 Section 28. 46.253 (2) of the statutes is amended to read:

AB591,21,11 46.253 (2) The department may contract with any county to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193. The department shall fund the program from the appropriation under s. 20.435 (4) (df) (dz).

AB591, s. 29 Section 29. 46.258 (1) of the statutes, as affected by 1995 Wisconsin Act 27, section 2158b, is amended to read:

AB591,22,3 46.258 (1) From the appropriation under s. 20.435 (3) (cb), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

AB591, s. 30 Section 30. 46.258 (2) (a) 1. of the statutes is amended to read:

AB591,22,8 46.258 (2) (a) 1. Provides an incentive for a county to increase its child support collections for persons who receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 as well as for persons who do not receive benefits under s. 49.148 and whose children do not receive benefits under s. 49.19.

AB591, s. 31 Section 31. 46.40 (1) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB591,22,17 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, and to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (8).

AB591, s. 32 Section 32. 46.40 (4m) of the statutes, as created by 1995 Wisconsin Act 27, is repealed.

AB591, s. 33 Section 33. 46.45 (intro.) of the statutes is amended to read:

AB591,23,3 46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

AB591, s. 34 Section 34. 46.45 (1) of the statutes is repealed.

AB591, s. 35 Section 35. 46.45 (6) of the statutes is amended to read:

AB591,23,9 46.45 (6) The department may carry forward 10% of any funds not carried forward under subs. (1) and sub. (3) for emergencies, for justifiable unit services costs above planned levels and to provide compensation for increased costs due to population shifts.