SECTION 1243. 49.155 (1) (b) of the statutes is amended to read:
49.155 (1) (b) "Level II certified family day care provider" means a day care provider certified under s. 48.651 (1) (1m) (b).
SECTION 1244. 49.155 (1g) (intro.) of the statutes is amended to read:
49.155 (1g) DISTRIBUTION OF FUNDS. (intro.) Subject to sub. (1j) and s. 16.54 (2), the department shall, within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, do all of the following:
SECTION 1245. 49.155 (1g) (b) of the statutes is amended to read:
49.155 (1g) (b) From the appropriation under s. 20.445 (3) (mc), distribute $4,315,000 $15,178,900 in fiscal year 1997-98 1999-2000 and $4,315,000 $12,878,900 in fiscal year 1998-99 2000-01 for the purposes of providing technical assistance for child care providers and of administering the child care program under this section and for grants under s. 49.136 (2) for the start-up and expansion of child day care services, and for child day care start-up and expansion planning, for grants and low-interest loans under s. 49.134 (2) for child day care resource and referral services, for grants under s. 49.137 (3) to assist child care providers in meeting the quality of care standards established under sub. (1d), and for a system of rates or a program of grants, as provided under sub. (1d), to reimburse child care providers that meet those quality of care standards and for grants under s. 49.137 (2) and contracts under s. 49.137 (4) to improve the quality of child day care services in this state.
SECTION 1246. 49.155 (1g) (c) of the statutes is amended to read:
49.155 (1g) (c) From the appropriation under s. 20.445 (3) (mc), transfer $1,687,400 $3,596,900 in fiscal year 1997-98 1999-2000 and $1,687,400 $3,745,200 in fiscal year 1998-99 2000-01 to the appropriation under s. 20.435 (6) (3) (kx), and transfer $20,700 in fiscal year 1999-2000 and $27,700 in fiscal year 2000-01 to the appropriation under s. 20.435 (8) (kx), for the purpose of day care center licensing under s. 48.65.
****NOTE: This is reconciled s. 49.155 (1g) (c). This SECTION has been affected by drafts with the following LRB numbers: LRB-0320/2 and LRB-0687/4.
SECTION 1247. 49.155 (1g) (d) of the statutes is created to read:
49.155 (1g) (d) From the appropriation under s. 20.445 (3) (mc), transfer $182,200 in each fiscal year to the appropriation under s. 20.435 (3) (kx) for the administration of day care programs for foster parents in a county having a population of 500,000 or more.
SECTION 1248. 49.155 (1m) (intro.) of the statutes is amended to read:
49.155 (1m) ELIGIBILITY. (intro.) A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:
SECTION 1249. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the age of 13, or, if the child is disabled, is under the age of 19; or is a person who, under s. 48.57 (3m) or (3n), is providing care and maintenance for a child who is under the age of 13, or, if the child is disabled, is under the age of 19; and child care services for that child are needed in order for the individual to do any of the following:
SECTION 1250. 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 If the Wisconsin works agency determines that basic education would facilitate the individual's efforts to obtain or maintain employment, participate in basic education, 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; literacy tutoring; or 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 2 years. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:
SECTION 1251. 49.155 (1m) (a) 4. a. of the statutes is amended to read:
49.155 (1m) (a) 4. a. The individual has been is employed in unsubsidized employment for 9 consecutive months and continues to be so employed.
SECTION 1252. 49.155 (1m) (a) 5. of the statutes is created to read:
49.155 (1m) (a) 5. Participate in a course of study at a technical college, or participate in educational courses that provide an employment skill, as determined by the department, if the Wisconsin works agency determines that the course or courses would facilitate the individual's efforts to obtain or maintain employment. An individual may receive aid under this subdivision for up to 2 years. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:
a. The individual has been employed in unsubsidized employment for 3 consecutive months and continues to be so employed.
b. The individual is a participant in a Wisconsin works employment position.
SECTION 1253. 49.155 (1m) (b) 3. of the statutes is repealed.
SECTION 1254. 49.155 (1m) (c) 1. of the statutes is renumbered 49.155 (1m) (c) 1. (intro.) and amended to read:
49.155 (1m) (c) 1. (intro.) The gross income of the individual's family is at or below 165% 185% 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 and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency shall include the sum of the following:
****NOTE: This is reconciled s. 49.155 (1m) (c) 1. This SECTION has been affected by the following LRB numbers: LRB-0699/3 and LRB-0701/4.
SECTION 1255. 49.155 (1m) (c) 1. a. of the statutes is created to read:
49.155 (1m) (c) 1. a. Net earnings reported to the Internal Revenue Service.
SECTION 1256. 49.155 (1m) (c) 1. b. of the statutes is created to read:
49.155 (1m) (c) 1. b. Depreciation expenses, personal business and entertainment expenses, personal transportation costs, purchases of capitol equipment and payments on the principal of loans.
SECTION 1257. 49.155 (1m) (c) 1g. of the statutes is amended to read:
49.155 (1m) (c) 1g. The individual is a foster parent of the child and the child's biological or adoptive family meets the asset limit under s. 49.145 (3) (a) and has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to and 3.
****NOTE: This is reconciled s. 49.155 (1m) (c) 1g. This SECTION has been affected by the following LRB numbers: LRB-0699/3 and LRB-0701/4.
SECTION 1258. 49.155 (1m) (c) 1h. of the statutes is amended to read:
49.155 (1m) (c) 1h. The individual is a relative of the child, is providing care for the child under a court order and is receiving payments under s. 48.57 (3m) on behalf of the child and the child's biological or adoptive family meets the asset limit under s. 49.145 (3) (a) and has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to and 3.
****NOTE: This is reconciled s. 49.155 (1m) (c) 1h. This SECTION has been affected by the following LRB numbers: LRB-0699/3 and LRB-0701/4.
SECTION 1259. 49.155 (1m) (c) 3. of the statutes is amended to read:
49.155 (1m) (c) 3. The individual was eligible for a child care subsidy under s. 49.191 (2), 1997 stats., 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.
SECTION 1260. 49.155 (3) (title) of the statutes is amended to read:
49.155 (3) (title) COUNTY CHILD CARE ADMINISTRATION.
SECTION 1261. 49.155 (3) (a) of the statutes is repealed and recreated to read:
49.155 (3) (a) Except as provided in par. (am), the department may require a Wisconsin works agency, a tribal governing body or a county department to administer child care assistance under this section. If the department requires a county department to administer child care assistance under this section, the Wisconsin works agency shall refer an individual who has been determined eligible under sub. (1m) to the county department for child care assistance.
SECTION 1262. 49.155 (3) (am) of the statutes is created to read:
49.155 (3) (am) In a county with a population of 500,000 or more, the department shall require a Wisconsin works agency in that county to administer child care assistance under this section.
SECTION 1263. 49.155 (3) (b) (intro.) of the statutes is amended to read:
49.155 (3) (b) (intro.) The county department under s. 46.215, 46.22 or 46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under s. 46.215, 46.22 or 46.23 administering agency shall do all of the following:
SECTION 1264. 49.155 (3m) (a) of the statutes is amended to read:
49.155 (3m) (a) The department shall reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23 administering agencies for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers.
SECTION 1265. 49.155 (3m) (b) of the statutes is renumbered 49.155 (3m) (b) (intro.) and amended to read:
49.155 (3m) (b) Not more than 5%, or $20,000, whichever is greater, of Of the funds distributed under par. (a) not more than the greatest of the following may be used for the costs of administering the program under this section.:
SECTION 1266. 49.155 (3m) (b) 1. of the statutes is created to read:
49.155 (3m) (b) 1. Five percent of the funds distributed under par. (a) in the current year.
SECTION 1267. 49.155 (3m) (b) 2. of the statutes is created to read:
49.155 (3m) (b) 2. Five percent of the funds distributed under par. (a) in the immediately preceding year.
SECTION 1268. 49.155 (3m) (b) 3. of the statutes is created to read:
49.155 (3m) (b) 3. Twenty thousand dollars.
SECTION 1269. 49.155 (3m) (c) of the statutes is amended to read:
49.155 (3m) (c) From the funds distributed under par. (a), a county an administering agency 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.
SECTION 1270. 49.155 (3m) (d) of the statutes is amended to read:
49.155 (3m) (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 administering agency determines that the care is necessary because of a special health condition of the child.
SECTION 1271. 49.155 (6) (a) of the statutes is amended to read:
49.155 (6) (a) Subject to review and approval by the department, each county administering agency or local agency, as defined in s. 49.134 (1) (b), whichever the department selects, shall establish the maximum reimbursement rate for licensed child care services provided under this section. A county An administering agency or local agency 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 that county can be purchased at or below that maximum rate.
SECTION 1272. 49.155 (6) (b) of the statutes is amended to read:
49.155 (6) (b) Subject to review and approval by the department, each county administering agency shall set a maximum reimbursement rate 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).
SECTION 1273. 49.155 (6) (c) of the statutes is amended to read:
49.155 (6) (c) Subject to review and approval by the department, each county administering agency shall set a maximum reimbursement rate 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).
SECTION 1274. 49.155 (7) (a) of the statutes is renumbered 49.155 (7), and 49.155 (7) (intro.), (a) and (b), as renumbered, are amended to read:
49.155 (7) REFUSAL TO PAY CHILD CARE PROVIDERS. (intro.) The department or the county department under s. 46.215, 46.22 or 46.23 administering agency may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:
(a) The person has been convicted of a felony or misdemeanor that the department or county department administering agency determines substantially relates to the care of children.
(b) The person is the subject of a pending criminal charge that the department or county department administering agency determines substantially relates to the care of children.
SECTION 1275. 49.161 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
49.161 (1) 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 or (b) 2. or 49.19 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.
SECTION 1276. 49.161 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:
49.161 (2) 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 or (c) or 49.19 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%.
SECTION 1277. 49.167 of the statutes is created to read:
49.167 Alcohol and other drug abuse treatment grant program. (1) The department shall award grants to counties, tribal governing bodies and private entities to provide community-based alcohol and other drug abuse treatment programs that are targeted at individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and that do all of the following:
(a) Meet the special needs of low-income persons with problems resulting from alcohol or other drug abuse.
(b) Emphasize parent education, vocational and housing assistance and coordination with other community programs and with treatment under intensive care.
(2) The department shall do all of the following with respect to the grants under par. (a):
(a) Award the grants in accordance with the department's request-for-proposal procedures.
(b) Ensure that the grants are distributed in both urban and rural communities.
(c) Evaluate the programs under the grants by use of client-outcome measurements that the department develops.
(3) The department shall coordinate the grant program under this section with any similar grant program administered by the department of health and family services.
SECTION 1278. 49.175 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 1857pm, is amended to read:
49.175 (1) FUNDS DISTRIBUTION. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (br), (cm), (dc), (dz), (e), (em), (jg), (jL), (k), (L), (Lm), (mc), (md), (nL), (pm) and (ps), the department shall allocate the following amounts for the following purposes:
SECTION 1279. 49.175 (1) (a) of the statutes is repealed.
SECTION 1280. 49.175 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Acts 27 and 252, is repealed.
SECTION 1281. 49.175 (1) (b) 2. of the statutes is renumbered 49.175 (1) (qm) 2.
SECTION 1282. 49.175 (1) (bc) of the statutes is created to read:
49.175 (1) (bc) Wisconsin works benefits. For Wisconsin works benefits provided under contracts entered into after December 31, 1999, $42,792, 500 in fiscal year 1999-2000 and $85,584,900 in fiscal year 2000-01.
SECTION 1283. 49.175 (1) (bd) of the statutes is created to read:
49.175 (1) (bd) Wisconsin works administration, services and agency bonuses. For administration of Wisconsin works, program services under Wisconsin works and performance bonuses to Wisconsin works agencies that have entered into contracts after December 31, 1999, $71,707,500 in fiscal year 1999-2000 and $143,415,100 in fiscal year 2000-01.
