1997 Wisconsin Act 27

27,1820g Section 1820g. 49.151 (1) (c) of the statutes is amended to read:

49.151 (1) (c) Voluntarily The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.

27,1820h Section 1820h. 49.151 (1) (d) of the statutes is amended to read:

49.151 (1) (d) Loses The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), loses employment as a result of being discharged for cause.

27,1820j Section 1820j. 49.151 (1) (e) of the statutes is amended to read:

49.151 (1) (e) Demonstrates The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.

27,1828 Section 1828 . 49.152 (1) of the statutes is amended to read:

49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin works under s. 49.147 (1) to (5) is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.

27,1829 Section 1829 . 49.152 (2) (a) (intro.) of the statutes is amended to read:

49.152 (2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

27,1830 Section 1830 . 49.152 (2) (b) 1. of the statutes is amended to read:

49.152 (2) (b) 1. Within 15 21 days of receiving after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.

27,1831 Section 1831 . 49.152 (2) (c) 1. of the statutes is amended to read:

49.152 (2) (c) 1. Within 15 21 days after receiving the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant petitions the department for a review of the decision.

27,1831g Section 1831g. 49.152 (2) (d) of the statutes is created to read:

49.152 (2) (d) If the department reviews a decision under par. (b) and upon receipt of a petition or request under par. (c) the department shall give the applicant or participant reasonable notice and opportunity for a fair hearing and shall permit the applicant or participant to present evidence and testimony and to be represented by counsel at the hearing and to have access to records in preparation for the hearing. The department may make any additional investigation that it considers necessary. Notice of the hearing shall be given to the applicant or participant and, if appropriate, to the county clerk. The Wisconsin works agency may be represented at the hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or participant, the county clerk, if appropriate, and the Wisconsin works agency. The decision of the department shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if the applicant or participant does any of the following:

a. Withdraws the petition in writing.

b. Abandons the petition. Abandonment occurs if the applicant or participant fails to appear in person or by representative at a scheduled hearing without good cause as defined by the department by rule.

27,1832 Section 1832 . 49.152 (3) of the statutes is created to read:

49.152 (3) Remedies. (a) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual, whose application for a Wisconsin works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall place the individual in the first available Wisconsin works employment position that is appropriate for that individual, as determined by the Wisconsin works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

(b) If, following review under sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.

27,1833c Section 1833c. 49.153 of the statutes, as affected by 1997 Wisconsin Act 3, is repealed.

27,1838 Section 1838 . 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).

27,1839 Section 1839 . 49.155 (1) (c) of the statutes is created to read:

49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), “parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

27,1840 Section 1840 . 49.155 (1d) of the statutes is created to read:

49.155 (1d) Child care certification rules. (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification as a Level II certified family day care provider, the department may not include a requirement for training for providers.

(b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.

27,1841 Section 1841 . 49.155 (1g) (title) of the statutes is created to read:

49.155 (1g) (title) Distribution of funds.

27,1842 Section 1842 . 49.155 (1j) (title) of the statutes is created to read:

49.155 (1j) (title) Unanticipated federal funds.

27,1843 Section 1843 . 49.155 (1m) (a) (intro.) of the statutes is amended to read:

49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:

27,1844 Section 1844 . 49.155 (1m) (a) 1m. of the statutes is created to read:

49.155 (1m) (a) 1m. If the individual is under 20 years of age, but is not subject to the school attendance requirement under s. 49.26 (1) (ge) and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or is in a foster home or treatment foster home licensed under s. 48.62, a group home or an independent living arrangement supervised by an adult, obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.

27,1845 Section 1845 . 49.155 (1m) (a) 3. of the statutes is amended to read:

49.155 (1m) (a) 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).

27,1845b Section 1845b. 49.155 (1m) (a) 3. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

49.155 (1m) (a) 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am) (b) 1. a. or (5) (bm).

27,1845m Section 1845m. 49.155 (1m) (a) 3m. of the statutes is created to read:

49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.124 (1m).

27,1846 Section 1846 . 49.155 (1m) (a) 4. (intro.) of the statutes is amended to read:

49.155 (1m) (a) 4. (intro.) Participate in other employment skills training, including an English as a 2nd language course, if the Wisconsin works 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 state superintendent of public instruction under s. 115.29 (4) 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 the department. An individual may receive aid under this subdivision for up to one year. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:

27,1846d Section 1846d. 49.155 (1m) (a) 4. (intro.) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

49.155 (1m) (a) 4. (intro.) Participate in other employment skills training, including an English as a 2nd language course, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain employment; a course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; a course of study at a technical college, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain or maintain employment; or participation in educational courses that provide an employment skill, as determined by the department. An individual may receive aid under this subdivision for up to two years. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:

27,1847 Section 1847 . 49.155 (1m) (b) of the statutes is renumbered 49.155 (1m) (b) (intro.) and amended to read:

49.155 (1m) (b) (intro.) The individual meets the eligibility conditions criteria under s. all of the following:

1. Section 49.145 (2) (c) to, (f) and (g) and.

3. Section 49.145 (3) (a), except that an individual may be eligible for a child care subsidy under this section regardless of the number of days the individual has resided in this state prior to applying for the child care subsidy.

27,1848 Section 1848 . 49.155 (1m) (b) 2. of the statutes is created to read:

49.155 (1m) (b) 2. Section 49.145 (2) (s).

27,1848m Section 1848m. 49.155 (1m) (c) (intro.) of the statutes is created to read:

49.155 (1m) (c) (intro.) Any of the following applies:

27,1849 Section 1849 . 49.155 (1m) (c) of the statutes is renumbered 49.155 (1m) (c) 1. and amended to read:

49.155 (1m) (c) 1. The gross income of the individual's family is at or below 165% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.

27,1850m Section 1850m. 49.155 (1m) (c) 1m. of the statutes is created to read:

49.155 (1m) (c) 1m. The individual was eligible under s. 49.132 (4) (a) for aid under s. 49.132 and received aid under s. 49.132 on September 30, 1997, but lost aid solely because of the application of s. 49.132 (6), and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income at any time on or after September 30, 1997, is more than 200% of the poverty line for a family the size of the individual's family.

27,1851 Section 1851 . 49.155 (1m) (c) 2. of the statutes is created to read:

49.155 (1m) (c) 2. The individual was eligible under s. 49.132 (4) (am) for aid under s. 49.132 and received aid under s. 49.132 on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

27,1852 Section 1852. 49.155 (1m) (c) 3. of the statutes is created to read:

49.155 (1m) (c) 3. The individual was eligible for a child care subsidy under s. 49.191 (2) on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

27,1853 Section 1853 . 49.155 (3m) of the statutes is created to read:

49.155 (3m) Distribution of child care funds to counties and certain child care providers. (a) The department shall reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23 for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers.

(b) Not more than 5%, or $20,000, whichever is greater, of the funds distributed under par. (a) may be used for the costs of administering the program under this section.

(c) From the funds distributed under par. (a), a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.

(d) No funds distributed under par. (a) may be used to provide care for a child by a person who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

27,1854 Section 1854 . 49.155 (6) (a) of the statutes is amended to read:

49.155 (6) (a) The department Subject to review and approval by the department, each county shall establish the maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for licensed child care services provided under this section. The department A county shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each that county or in a multicounty area determined by the department can be purchased at or below that maximum rate.

27,1855 Section 1855 . 49.155 (6) (b) of the statutes is amended to read:

49.155 (6) (b) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).

27,1856 Section 1856 . 49.155 (6) (c) of the statutes is amended to read:

49.155 (6) (c) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).

27,1857 Section 1857 . 49.155 (6) (d) of the statutes is amended to read:

49.155 (6) (d) The department may promulgate rules to establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of grants that the department will pay to child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

27,1857f Section 1857f. 49.159 (2) of the statutes is amended to read:

49.159 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps and other food and nutrition programs.

27,1857m Section 1857m. 49.161 (1) of the statutes is amended to read:

49.161 (1) (title) Trial jobs and wage-paying community service jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) and (b) 2. from an individual who receives or has received benefits paid under s. 49.148 (1) (a) or (b) 2. The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

27,1857n Section 1857n. 49.161 (2) of the statutes is amended to read:

49.161 (2) (title) Community Grant-paying community service jobs and transitional placements overpayments. Except as provided in sub. (3), the department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) 1. and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) 1. and (c) by reducing the amount of the individual's benefit payment by no more than 10%.

27,1857o Section 1857o. 49.170 of the statutes is created to read:

49.170 Payments for certain tribal economic support programs. (1) Definition. In this section, “tribal economic support program" means an economic support program, operated by a federally recognized American Indian tribe or band in this state, that is funded under P.L. 104-193, section 103, and is not part of the Wisconsin works program under ss. 49.141 to 49.161.

(2) Department plan. The department shall develop a plan for making payments, from the appropriation under s. 20.445 (3) (dz), to each federally recognized American Indian tribe or band in this state that operates a tribal economic support program, for the purpose of operating that tribal economic support program. As a condition of receiving a payment under this section, the tribal economic support program shall meet all requirements specified in the plan. These requirements shall be similar to the requirements of the Wisconsin works program under ss. 49.141 to 49.161. The plan shall specify the method of determining the amount of the payment to be made for each tribal economic support program.

(3) Joint committee on finance approval. No later than January 1, 1998, the department shall submit the plan under sub. (2) to the cochairpersons of the joint committee on finance for review by the joint committee on finance. The department may not make a payment under the plan unless the plan is approved by the joint committee on finance.

(4) Payments. If the joint committee on finance approves the plan submitted under sub. (3), the department shall make payments, from the appropriation under s. 20.445 (3) (dz), in the manner specified in the plan.

27,1857p Section 1857p. 49.175 of the statutes is created to read:

49.175 Public assistance and local assistance funding. (1) Funds distribution. Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (g), (jg), (jL), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:

(a) Aid to families with dependent children. For benefits under s. 49.19, $28,400,000 in fiscal year 1997-98.