This bill makes several changes in the low-income and at-risk child care
program. Under this bill, a parent who is gainfully employed and whose income is
at or below 165% of the federal poverty line is eligible for a child care subsidy.
Participation in a training and educational program does not qualify as being
gainfully employed. All parents who receive a subsidy are liable for a portion of the
cost of the child care on a sliding scale based on income and determined by DHSS.
This bill also ends the low-income and at-risk child care program when Wisconsin
works is implemented statewide.
Child care subsidy; Wisconsin works
Under Wisconsin works, a custodial parent of a child who is under the age of
10 is eligible for a child care subsidy if the parent is a member of a Wisconsin works
group whose income is at or below 165% of the federal poverty line and if the child
care is needed for the custodial parent to attend school as required under the
learnfare program, work, seek work or, under specified circumstances, attend an
employment training program approved by the Wisconsin works agency.
A person who, under kinship care, is providing care and maintenance for a child
under the age of 10, who needs child care services to work, seek work or attend
employment training approved by the Wisconsin works agency is also eligible for a
child care subsidy.
Any person who receives a child care subsidy, is liable for a portion of the cost
of the child care on a sliding scale based on income and determined by DILJD.
Transportation subsidy
Under the bill, the Wisconsin works agency determines eligibility, in
accordance with rules promulgated by DILJD, for subsidies for transportation costs
associated with transporting a child to and from a child care provider.
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:
SB359, s. 1
1Section
1. 13.101 (6) (a) of the statutes is amended to read:
SB359,13,22
13.101
(6) (a) As an emergency measure necessitated by decreased state
3revenues and to prevent the necessity for a state tax on general property, the
4committee may reduce any appropriation made to any board, commission,
5department, the university of Wisconsin system or to any other state agency or
6activity by such amount as it deems feasible, not exceeding 25% of the
7appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg)
8and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq)
9and (ar), 20.435 (4) (a),
(d) (dz) and (e), (6) (a) and (7) (da) or for forestry purposes
10under s. 20.370 (1), or any other moneys distributed to any county, city, village, town
11or school district. Appropriations of receipts and of a sum sufficient shall for the
12purposes of this section be regarded as equivalent to the amounts expended under
13such appropriations in the prior fiscal year which ended June 30. All functions of
14said state agencies shall be continued in an efficient manner, but because of the
15uncertainties of the existing situation no public funds should be expended or
16obligations incurred unless there shall be adequate revenues to meet the
17expenditures therefor. For such reason the committee may make reductions of such
18appropriations as in its judgment will secure sound financial operations of the
1administration for said state agencies and at the same time interfere least with their
2services and activities.
SB359, s. 2
3Section
2. 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Acts 27
4and .... (this act), is repealed and recreated to read:
SB359,13,235
13.101
(6) (a) As an emergency measure necessitated by decreased state
6revenues and to prevent the necessity for a state tax on general property, the
7committee may reduce any appropriation made to any board, commission,
8department, the university of Wisconsin system or to any other state agency or
9activity by such amount as it deems feasible, not exceeding 25% of the
10appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg)
11and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq)
12and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry
13purposes under s. 20.370 (1), or any other moneys distributed to any county, city,
14village, town or school district. Appropriations of receipts and of a sum sufficient
15shall for the purposes of this section be regarded as equivalent to the amounts
16expended under such appropriations in the prior fiscal year which ended June 30.
17All functions of said state agencies shall be continued in an efficient manner, but
18because of the uncertainties of the existing situation no public funds should be
19expended or obligations incurred unless there shall be adequate revenues to meet the
20expenditures therefor. For such reason the committee may make reductions of such
21appropriations as in its judgment will secure sound financial operations of the
22administration for said state agencies and at the same time interfere least with their
23services and activities.
SB359, s. 3
24Section
3. 16.39 (4) (bm) of the statutes is created to read:
SB359,14,2
116.39
(4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which
2one member is a participant under s. 49.147 (3) to (5).
SB359, s. 4
3Section
4. 16.75 (6) (bm) of the statutes is created to read:
SB359,14,114
16.75
(6) (bm) If the secretary determines that it is in the best interest of this
5state to do so, he or she may waive any requirement under subs. (1) to (5) with respect
6to any contract entered into by the department of industry, labor and job
7development under s. 49.143, if the department of industry, labor and job
8development presents the secretary with a process for the procurement of contracts
9under s. 49.143 and the secretary approves the process. The department of
10administration or its designated agent need not publish a class 2 notice under ch. 985
11of its intent to award such a contract.
SB359, s. 5
12Section
5. 16.75 (6) (bs) of the statutes is created to read:
SB359,14,1413
16.75
(6) (bs) Subsections (1) to (5) do not apply to contracts entered into by a
14county under s. 49.143 (1) (b).
SB359, s. 6
15Section
6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and
16amended to read:
SB359,14,1717
16.841
(1) (intro.) In this section
, "agency":
SB359,14,18
18(a) "Agency" has the meaning given in s. 16.70 (1).
SB359, s. 7
19Section
7. 16.841 (1) (b) of the statutes is created to read:
SB359,14,2120
16.841
(1) (b) "Child care provider" means a provider licensed under s. 48.65,
21certified under s. 48.651 or established or contracted for under s. 120.13 (14).
SB359, s. 8
22Section
8. 16.841 (2) of the statutes is amended to read:
SB359,15,223
16.841
(2) The department shall contract with one or more child care providers
,
24as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for
25child care services to be offered to the children of employes of agencies whose work
1stations are located in an area designated by the department comprising the central
2portion of the city of Madison.
SB359, s. 9
3Section
9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4the following amounts for the purposes indicated:
-
See PDF for table ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
SB359,15,177
20.435
(1) (b)
Medical assistance program benefits. Biennially, the amounts in
8the schedule to provide the state share of medical assistance program benefits
9administered under s. 49.45, to provide medical assistance program benefits
10administered under s. 49.45 that are not also provided under par. (o)
, to provide
11health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9)
12and (10)
. Notwithstanding s. 20.002 (1), the department may transfer from this
13appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for
14the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1),
15the department may credit or deposit into this appropriation and may transfer
16between fiscal years funds that it transfers from the appropriation under sub. (3) (kb)
17for the purposes specified in s. 46.485 (3r).
SB359, s. 11
18Section
11. 20.435 (1) (bm) of the statutes is amended to read:
SB359,16,9
120.435
(1) (bm)
Medical assistance administration. Biennially, the amounts
2in the schedule to provide the state share of administrative contract costs for the
3medical assistance program under s. 49.45
and health care coverage under s. 49.153 4and to reimburse insurers for their costs under s. 49.475. No state positions may be
5funded in the department of health and social services from this appropriation,
6except positions for the performance of duties under a contract in effect before
7January 1, 1987, related to the administration of the medical assistance program
8between the subunit of the department primarily responsible for administering the
9medical assistance program and another subunit of the department.
SB359, s. 12
10Section
12. 20.435 (1) (o) of the statutes is amended to read:
SB359,16,1311
20.435
(1) (o)
Federal aid; medical assistance. All federal moneys received for
12meeting costs of medical assistance administered under s. 49.45
and for meeting the
13costs of health care coverage under s. 49.153.
SB359, s. 13
14Section
13. 20.435 (4) (cn) of the statutes is repealed.
SB359, s. 15
17Section
15. 20.435 (4) (dc) of the statutes is repealed.
SB359, s. 16
18Section
16. 20.435 (4) (de) of the statutes is repealed.
SB359, s. 18
21Section
18. 20.435 (4) (dg) of the statutes is repealed.
SB359, s. 19
22Section
19. 20.435 (4) (dz) of the statutes is created to read:
SB359,17,2123
20.435
(4) (dz)
Public assistance and local assistance aids. Biennially, the
24amounts in the schedule to be allocated under s. 49.181 for paying child care costs
25of individuals who secure unsubsidized employment and lose eligibility for aid to
1families with dependent children as provided under s. 49.50 (6g); for child care and
2related transportation costs under s. 49.50 (7) (e); for child care costs under ss. 46.98
3(2m) and (3), 49.193 (8) and 49.50 (6e) and, with the approval of the department, child
4care costs under s. 49.50 (6k) (b); for county administered public assistance benefits
5under s. 49.52; for payment distribution under s. 49.52 (1) for county administration
6of public assistance benefits and medical assistance eligibility determination and
7payments to American Indian tribes for administration of public assistance
8programs; for the cost of foster care and treatment foster care provided by nonlegally
9responsible relatives under state or county administered programs, if the relatives
10are licensed to operate foster homes or treatment foster homes under s. 48.62; for
11emergency assistance for families with needy children under s. 49.19 (11) (b); for
12funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) and for
13case management services for learnfare pupils under s. 46.62; for the job
14opportunities and basic skills program under s. 49.193; for the work experience and
15job training program under s. 46.253; for the food stamp employment and training
16project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the
17parental responsibility pilot program under s. 49.25; and for the work-not-welfare
18pilot program under s. 49.27. Moneys appropriated under this paragraph may be
19used to match federal funds received under par. (ps). Payments may be made from
20this appropriation to counties for fraud investigation and error reduction under s.
2149.197 (1m) and (4).
SB359, s. 20
22Section
20. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act
23.... (this act), is renumbered 20.445 (3) (dz) and amended to read:
SB359,19,224
20.445
(3) (dz)
Public assistance and local assistance aids. Biennially, the
25amounts in the schedule to be allocated under s. 49.181 for paying child care costs
1of individuals who secure unsubsidized employment and lose eligibility for aid to
2families with dependent children as provided under s.
49.50 (6g) 49.191 (2); for child
3care and related transportation costs under
s. 49.50 (7) (e) ss. 49.155, 49.157 and
449.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3),
49.191 (1) and 49.193
5(8)
and 49.50 (6e) and, with the approval of the department, child care costs under
6s.
49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits
7under s.
49.52 49.33; for payment distribution under s.
49.52 (1) 49.33 for county
8administration of public assistance benefits and medical assistance eligibility
9determination and payments to American Indian tribes for administration of public
10assistance programs;
for payments to Wisconsin works agencies for the Wisconsin
11works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin
12works health coverage eligibility determination under s. 49.153 (3); for the cost of
13foster care and treatment foster care provided by nonlegally responsible relatives
14under state or county administered programs, if the relatives are licensed to operate
15foster homes or treatment foster homes under s. 48.62
, or for the cost of kinship care
16under s. 48.57 (3m); for emergency assistance for families with needy children under
17s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under
18s.
49.50 (7) 49.26 (1) and for case management services for learnfare pupils under s.
1946.62 49.26 (2); for the job opportunities and basic skills program under s. 49.193;
20for the work experience and job training program under s.
46.253 49.36; for the food
21stamp employment and training project under s. 49.124;
for aid to 18-year-old
22students under s. 49.20; for the parental responsibility pilot program under s. 49.25;
23and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated
24under this paragraph may be used to match federal funds received under par. (ps).
1Payments may be made from this appropriation to counties
and Wisconsin works
2agencies for fraud investigation and error reduction under s. 49.197 (1m) and (4).
SB359, s. 21
3Section
21. 20.445 (3) (jm) of the statutes is created to read:
SB359,19,64
20.445
(3) (jm)
Wisconsin works fees. All moneys received from fees and other
5payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works
6program.
SB359, s. 22
7Section
22. 46.032 of the statutes is amended to read:
SB359,19,17
846.032 Income maintenance administration. County departments under
9ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department
10detailing the reasonable cost of administering the income maintenance programs
11under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program
12under
7 USC 2011 to
2029 when so appointed by the department. Contracts created
13under this section control the distribution of payments under s. 20.435 (4)
(de) (dz) 14and (nL) in accordance with the reimbursement method established under s. 49.52
15(1) (ad). The department may reduce its payment to any county under s. 20.435 (4)
16(de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control
17samples or program reviews.
SB359, s. 23
18Section
23. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27,
19section 2042, and .... (this act), is repealed and recreated to read:
SB359,20,4
2046.032 Income maintenance administration. County departments under
21ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department
22detailing the reasonable cost of administering the income maintenance programs
23under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under
7
24USC 2011 to
2029 when so appointed by the department. Contracts created under
25this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in
1accordance with the reimbursement method established under s. 49.52 (1) (ad). The
2department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL)
3if federal reimbursement is withheld due to audits, quality control samples or
4program reviews.
SB359, s. 24
5Section
24. 46.215 (1) (k) of the statutes is amended to read:
SB359,20,106
46.215
(1) (k) To certify eligibility for and issue food coupons to needy
7households in conformity with the federal food stamp act of 1964 as amended
, if the
8county accepts a contract to do so, and, in addition, the county department of social
9services may certify eligibility for and distribute surplus commodities and food
10stuffs.
SB359,20,1513
46.22
(1) (b) 2. a. To administer aid to families with dependent children under
14s. 49.19.
This subdivision paragraph does not apply beginning on the first day of the
156th month beginning after the date stated in the notice under s. 49.141 (2) (d).
SB359,20,2018
46.22
(1) (b) 2. d. To certify eligibility for and issue food coupons to needy
19households in conformity with
7 USC 2011 to
2029, if the county accepts a contract
20to do so.
SB359, s. 27
21Section
27. 46.25 (6) of the statutes is amended to read:
SB359,21,322
46.25
(6) The department shall establish, pursuant to federal and state laws,
23rules and regulations, a uniform system of fees for services provided under this
24section to individuals not receiving aid under s. 49.19 or 49.47
or benefits under s.
2549.148. The system of fees may take into account an individual's ability to pay. Any
1fee paid and collected under this subsection may be retained by the county providing
2the service except for the fee specified in
42 USC 653 (e) (2) for federal parent locator
3services.
SB359, s. 28
4Section
28. 46.253 (2) of the statutes is amended to read:
SB359,21,115
46.253
(2) The department may contract with any county to administer a work
6experience and job training program for parents who are not custodial parents and
7who fail to pay child support or to meet their children's needs for support as a result
8of unemployment or underemployment. The program may provide the kinds of work
9experience and job training services available from the program under s. 49.193. The
10department shall fund the program from the appropriation under s. 20.435 (4)
(df) 11(dz).
SB359,22,314
46.258
(1) From the appropriation under s. 20.435 (3) (cb), the department
15shall award grants to counties for programs to revise child support orders. Each
16county receiving a grant shall review child support orders awarded to persons
who
17receive benefits under s. 49.148 or whose children receive benefits under s. 49.19 and
18to persons
who do not receive benefits under s. 49.148 and whose children do not
19receive benefits under s. 49.19 and shall initiate actions to revise the orders based
20on that review. Each county receiving a grant shall review child support orders
21awarded to persons
who receive benefits under s. 49.148 or whose children receive
22benefits under s. 49.19 and child support orders awarded to persons
who do not
23receive benefits under s. 49.148 and whose children do not receive benefits under s.
2449.19 in proportion to the number of those 2 categories of orders in the county's child
25support case load. Before a county may initiate an action to revise a child support
1order under this subsection for a person
who does not receive benefits under s. 49.148
2and whose children do not receive benefits under s. 49.19, the custodial parent of the
3children must voluntarily consent to the revision.
SB359, s. 30
4Section
30. 46.258 (2) (a) 1. of the statutes is amended to read:
SB359,22,85
46.258
(2) (a) 1. Provides an incentive for a county to increase its child support
6collections for persons
who receive benefits under s. 49.148 or whose children receive
7benefits under s. 49.19 as well as for persons
who do not receive benefits under s.
849.148 and whose children do not receive benefits under s. 49.19.