SB199: Bill Text

SB199, s. 15 Section 15. 49.143 (2) (a) 8. of the statutes is amended to read:

SB199,14,21 49.143 (2) (a) 8. Work with participants, employers, child care providers, the local early childhood council under s. 49.135 and the community to identify child care needs, improve access to child care and expand availability of child care.

SB199, s. 16 Section 16. 49.148 (1m) (a) of the statutes is amended to read:

SB199,15,12 49.148 (1m) (a) A custodial parent of a child who is 12 weeks old one year old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $673 $628 unless another adult member of the custodial parent's Wisconsin works group is participating in, or is eligible to participate in, a Wisconsin works employment position or is employed in unsubsidized employment, as defined in s. 49.147 (1) (c). A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute constitutes participation in a Wisconsin works employment position for purposes the purpose of calculating the time limits limit under s. 49.145 (2) (n) or, but does not constitute participation in a Wisconsin works employment position for the purpose of calculating the time limits under s. 49.147 (3) (c), (4) (b) 2. or (c) 4. or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.

SB199, s. 17 Section 17. 49.155 (1) (aL) of the statutes is created to read:

SB199,15,15 49.155 (1) (aL) "Disabled" means physically or mentally incapable of caring for oneself.

SB199, s. 18 Section 18. 49.155 (1d) (a) of the statutes is amended to read:

SB199,15,21 49.155 (1d) (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 shall include a requirement for training for that providers have at least 20 hours of training in child development and safety.

SB199, s. 19 Section 19. 49.155 (1g) (d) of the statutes is created to read:

SB199,16,3 49.155 (1g) (d) From the appropriation under s. 20.445 (3) (mc), distribute $1,000,000 in fiscal year 1999-2000 and $2,500,000 in fiscal year 2000-01 for the purpose of providing child care career education scholarships under s. 49.139 (1). The department may carry forward moneys allocated under this paragraph that are not encumbered by June 30 of any year for allocation under this paragraph in the next fiscal year.

SB199, s. 20 Section 20. 49.155 (1m) (intro.) of the statutes is amended to read:

SB199,16,9 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:

SB199, s. 21 Section 21. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

SB199,16,15 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:

SB199, s. 22 Section 22. 49.155 (1m) (a) 4. (intro.) of the statutes is renumbered 49.155 (1m) (a) 4. and amended to read:

SB199,17,2 49.155 (1m) (a) 4. 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 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:

SB199, s. 23 Section 23. 49.155 (1m) (a) 4. a. of the statutes is repealed.

SB199, s. 24 Section 24. 49.155 (1m) (a) 4. b. of the statutes is repealed.

SB199, s. 25 Section 25. 49.155 (1m) (c) 1. of the statutes is amended to read:

SB199,17,13 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 85% of the state median income. 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. The department shall annually calculate the state median income.

SB199, s. 26 Section 26. 49.155 (1m) (c) 1g. of the statutes is amended to read:

SB199,17,20 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 85% of the state median income. 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 3.

SB199, s. 27 Section 27. 49.155 (1m) (c) 1h. of the statutes is amended to read:

SB199,18,3 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 85% of the state median income. 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 3.

SB199, s. 28 Section 28. 49.155 (1m) (c) 1m. of the statutes is repealed.

SB199, s. 29 Section 29. 49.155 (1m) (c) 2. of the statutes is repealed.

SB199, s. 30 Section 30. 49.155 (1m) (c) 3. of the statutes is repealed.

SB199, s. 31 Section 31. 49.155 (3m) (a) of the statutes is amended to read:

SB199,18,15 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 for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers. The department may not reimburse a child care provider, and no funds distributed under this paragraph may be used to pay for child care services, unless the person to whom the payment is made and all employes of that person who provide care and supervision for children have received not less than 20 hours of training in child development and safety.

SB199, s. 32 Section 32. 49.155 (5) of the statutes is amended to read:

SB199,18,22 49.155 (5) Liability for payment. An individual receiving aid under this section is liable for the a percentage of the cost of the child care that received, payable in accordance with a sliding scale formula developed by the department specified based on ability to pay. In developing the sliding scale formula, the department may not require any individual to pay more than 10% of the individual's family's income for the cost of the child care received.

SB199, s. 33 Section 33. 49.325 (4) of the statutes is created to read:

SB199,19,3 49.325 (4) Plans for county community aids budgets. In developing its proposed budget for the expenditure of funds allocated under s. 49.175 (1) (o) and (p), a county department under s. 46.215, 46.22 or 46.23, in addition to using the open public participation process under sub. (3), shall consult with any local early childhood council established under s. 49.135 within the county.

SB199, s. 34 Section 34. 49.665 (1) (bq) of the statutes is created to read:

SB199,19,6 49.665 (1) (bq) "Eligible individual" means an individual who is eligible under sub. (4) (am) for health care coverage under this section.

SB199, s. 35 Section 35. 49.665 (1) (c) of the statutes is renumbered 49.665 (1) (c) (intro.) and amended to read:

SB199,19,10 49.665 (1) (c) (intro.) "Employer-subsidized health care coverage" means one of the following:

SB199,19,14 1. With respect to a family eligible under sub. (4) (a), family coverage under a group health insurance plan offered by an employer for which the employer pays at least 80% of the cost, excluding any deductibles or copayments that may be required under the plan.

SB199, s. 36 Section 36. 49.665 (1) (c) 2. of the statutes is created to read:

SB199,19,20 49.665 (1) (c) 2. With respect to an eligible individual, coverage under a group health insurance plan offered by the eligible individual's employer, or by the employer of a family member of the eligible individual, for which the eligible individual qualifies and for which the employer pays at least 80% of the cost, excluding any deductibles or copayments that may be required under the plan.

SB199, s. 37 Section 37. 49.665 (3) of the statutes is amended to read:

SB199,20,8 49.665 (3) Administration. The department shall administer a program to provide the health services and benefits described in s. 49.46 (2) to families that meet the eligibility requirements specified in sub. (4) and to eligible individuals. The department shall promulgate rules setting forth the application procedures and appeal and grievance procedures. The department may promulgate rules limiting access to the program under this section to defined enrollment periods. The department may also promulgate rules establishing a method by which the department may purchase family coverage offered by the employer of a member of an eligible family, or individual coverage offered by the employer of an eligible individual, under circumstances in which the department determines that purchasing that coverage would not be more costly than providing the coverage under this section.

SB199, s. 38 Section 38. 49.665 (4) (am) of the statutes is created to read:

SB199,20,11 49.665 (4) (am) An individual is eligible for health care coverage under this section if the individual meets all of the following requirements:

SB199,20,13 1. The individual is employed by a child care provider as a child care worker for at least 30 hours per week.

SB199,20,17 2. The individual's income does not exceed 185% of the poverty line, except that an individual who is already receiving health care coverage under this section may have an income that does not exceed 200% of the poverty line. The department shall establish by rule the criteria to be used to determine income.

SB199,20,22 3. The individual does not have access to employer-subsidized health care coverage and has not had access to employer-subsidized health care coverage within the time period established by the department by rule, but not to exceed 18 months, immediately preceding application for health care coverage under this section. The department may establish exceptions to this subdivision by rule.

SB199,20,25 4. The individual meets all other requirements established by the department by rule. The department may not require that an individual under this paragraph be a parent as a condition of eligibility.

SB199, s. 39 Section 39. 49.665 (4) (b) of the statutes is amended to read:

SB199,21,4 49.665 (4) (b) Notwithstanding fulfillment of the eligibility requirements under this subsection, a family or eligible individual is not entitled to health care coverage under this section.

SB199, s. 40 Section 40. 49.665 (4) (c) of the statutes is amended to read:

SB199,21,9 49.665 (4) (c) No family may be denied health care coverage under this section solely because of a health condition of any family member and no eligible individual may be denied health care coverage under this section solely because of a health condition of that individual.

SB199, s. 41 Section 41. 49.665 (5) of the statutes is amended to read:

SB199,22,5 49.665 (5) Liability for cost. (a) Except as provided in par. (b), a family that or eligible individual who receives health care coverage under this section shall pay a percentage of the cost of that coverage in accordance with a schedule established by the department by rule. If the schedule established by the department requires a family or eligible individual to contribute more than 3% of the family's or of the eligible individual's income towards the cost of the health care coverage provided under this section, the department shall submit the schedule to the joint committee on finance for review and approval of the schedule. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the schedule that the committee has scheduled a meeting to review the schedule, the department may implement the schedule. If, within 14 days after the date of the department's submittal of the schedule, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the schedule, the department may not require a family or eligible individual to contribute more than 3% of the family's or of the eligible individual's income unless the joint committee on finance approves the schedule. The joint committee on finance may not approve and the department may not implement a schedule that requires a family or eligible individual to contribute more than 3.5% of the family's or of the eligible individual's income towards the cost of the health care coverage provided under this section.

SB199,22,8 (b) The department may not require a family or eligible individual with an income below 143% of the poverty line to contribute to the cost of health care coverage provided under this section.

SB199,22,11 (c) The department may establish by rule requirements for wage withholding as a means of collecting the family's or eligible individual's share of the cost of the health care coverage under this section.

SB199, s. 42 Section 42. 71.05 (6) (a) 15. of the statutes is amended to read:

SB199,22,17 71.05 (6) (a) 15. The amount of the credits computed under s. 71.07 (2dd), (2de), (2di), (2dj), (2dL), (2dr), (2ds), (2dx) and, (3s), (5d) and (7g) and not passed through by a partnership, limited liability company or tax-option corporation that has added that amount to the partnership's, company's or tax-option corporation's income under s. 71.21 (4) or 71.34 (1) (g).

SB199, s. 43 Section 43. 71.07 (5d) of the statutes is created to read:

SB199,22,20 71.07 (5d) Day care center credit. (a) In this subsection, "claimant" means a person who files a claim under this subsection.

SB199,22,22 (b) A claimant may claim as a credit against the tax imposed under s. 71.02 any of the following:

SB199,23,2 1. An amount equal to 50% of the amount paid or incurred by the claimant during the taxable year to construct and equip a licensed day care center under s. 48.65, that is owned and operated by the claimant, to care for the children of the claimant's employes during the employes' working hours.

SB199,23,4 2. An amount equal to $50 a month for each child of a claimant's employe enrolled in the claimant's day care center under subd. 1. for the taxable year.

SB199,23,8 3. An amount equal to 50% of the amount paid by the claimant during the taxable year to a licensed day care center under s. 48.65, other than a day care center under subd. 1., to provide care for the children of the claimant's employes during the employes' working hours.

SB199,23,11 (c) The amount of the credit under this subsection shall not exceed $50,000 in a taxable year for each claimant and the total amount of the credit under this subsection for all claimants shall not exceed $1,500,000 in a fiscal year.

SB199,23,18 (d) No credit may be allowed under this subsection unless the claimant files an application with the department of revenue before the end of the taxable year in which amounts are paid or expenses are incurred under par. (b) and includes with that application a statement from the department of health and family services that verifies that the day care center under par. (b) is licensed under s. 48.65. No credit may be allowed under this subsection after the department of revenue has awarded the total amount of the credit for all claimants under par. (c).

SB199,23,20 (e) Section 71.28 (4) (e), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB199,24,2 (f) If a credit computed under this subsection is not entirely offset against income or franchise taxes otherwise due, the unused balance may be carried forward and credited against income or franchise taxes otherwise due for the following 5 taxable years to the extent not offset by those taxes otherwise due in all intervening years between the year in which the expense was incurred and the year in which the carry-forward credit is claimed.

SB199,24,10 (g) Partnerships, limited liability companies and tax-option corporations may not claim the credit under this subsection, but the eligibility for, and the amount of, the credit are based on the amount paid or incurred under par. (b). A partnership, limited liability company or tax-option corporation shall compute the amount of credit that each of its partners, members or shareholders may claim and shall provide that information to each of them. Partners, members of limited liability companies and shareholders of tax-option corporations may claim the credit in proportion to their ownership interest.

SB199,24,12 (h) Section 71.28 (4) (g) and (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB199,24,18 (i) If the operation of a day care center under par. (b) 1. ceases within 5 years after the date on which the construction of the day care center is completed, a claimant who receives credits under par. (b) 1. and 2. for the construction and operation of such a day care center shall add to the claimant's liability for taxes imposed under s. 71.02 an amount equal to the total amount of the credits received under par. (b) 1. and 2. multiplied by the following percentage:

SB199,24,20 1. If the operation of the day care center ceases during the first year after the date on which the construction of the day care center is completed, 100%.

SB199,24,22 2. If the operation of the day care center ceases during the 2nd year after the date on which the construction of the day care center is completed, 80%.

SB199,24,24 3. If the operation of the day care center ceases during the 3rd year after the date on which the construction of the day care center is completed, 60%.

SB199,25,2 4. If the operation of the day care center ceases during the 4th year after the date on which the construction of the day care center is completed, 40%.

SB199,25,4 5. If the operation of the day care center ceases during the 5th year after the date on which the construction of the day care center is completed, 20%.

SB199, s. 44 Section 44. 71.07 (6m) of the statutes is created to read:

SB199,25,7 71.07 (6m) Child and dependent care expenses credit. (a) Definitions. In this subsection:

SB199,25,9 1. "Claimant" means an individual who is eligible for, and claims, the federal credit.

SB199,25,12 2. "Federal credit" means the federal tax credit, for expenses for household and dependent care services necessary for gainful employment, under section 21 of the Internal Revenue Code.

SB199,25,16 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, an amount equal to 50% of the amount of the credit claimed by the claimant under the federal credit in the year to which the claim relates.

SB199,25,18 (c) Limitations. 1. No credit may be allowed under this subsection unless it is claimed within the time period under s. 71.75 (2).

SB199,26,5 2. For a claimant who is a nonresident or part-year resident of this state, multiply the credit for which the claimant is eligible under par. (b) by a fraction the numerator of which is the individual's wages, salary, tips, unearned income and net earnings from a trade or business that are taxable by this state and the denominator of which is the individual's total wages, salary, tips, unearned income and net earnings from a trade or business. In this subdivision, for married persons filing separately "wages, salary, tips, unearned income and net earnings from a trade or business" means the separate wages, salary, tips, unearned income and net earnings from a trade or business of each spouse, and for married persons filing jointly "wages, salary, tips, unearned income and net earnings from a trade or business" means the total wages, salary, tips, unearned income and net earnings from a trade or business of both spouses.

SB199,26,7 (d) Administration. Section 71.07 (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.

SB199, s. 45 Section 45. 71.07 (7g) of the statutes is created to read:

SB199,26,9 71.07 (7g) Child care credit. (a) In this subsection:

SB199,26,21 1. "Qualified child care expenditures" means any amount that is not used in calculating the credits under subs. (2dd) and (5d) and that is paid to acquire, construct or rehabilitate property that is to be used as part of a qualified child care facility of the claimant, if the property may be depreciated or amortized under this subchapter and if the property is not part of the principal residence of the claimant or any employe of the claimant; any amount paid for the operating costs of a qualified child care facility of the claimant, including costs related to training employes, to scholarship programs and to providing increased compensation to employes who have higher levels of child care training; any amount paid under a contract with a child care facility to provide child care services to employes of the claimant; and any amount paid under a contract to provide child care resource and referral services to employes of the claimant.

SB199,27,4 2. "Qualified child care facility" means a facility that is used primarily to provide child care assistance, unless the facility is the operator's principal residence; that is licensed under s. 48.65 or 48.69; that is open to enrollment to the children of the employes of the claimant; that is not the claimant's principal trade or business, unless at least 30% of the enrollees of the facility are the children of the claimant's employes; and that does not discriminate in enrollment in favor of the children of the claimant's highly compensated employes, as defined in section 414 (q) of the Internal Revenue Code.

SB199,27,7 (b) A person may claim as a credit against taxes imposed under s. 71.02, up to the amount of those taxes, an amount equal to 5% of that person's qualified child care expenditures, except that the credit may not exceed $15,000 a year.