Amendment SSA1-SB40

SB40-SSA1, s. 1420m Section 1420m. 49.155 (1g) of the statutes is repealed and recreated to read:

SB40-SSA1,658,14 49.155 (1g) Distribution of funds. Within the limits of the availability of the federal child care and development block grant funds received under 42 USC 9858, the department shall do all of the following:

SB40-SSA1,658,19 (a) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.445 (3) (cm), (kx), (mc), and (md), the department shall allocate and distribute funding in each fiscal year for all of the following:

SB40-SSA1,658,21 1. A child care scholarship and bonus program, in the amount of at least $3,475,000 per fiscal year.

SB40-SSA1,658,23 2. Grants under s. 49.134 (2) for child day care resource and referral services, in the amount of at least $1,225,000 per fiscal year.

SB40-SSA1,658,25 3. A transfer to the appropriation account under s. 20.435 (3) (kx) for child care licensing activities, in the amount of at least $4,800,600 per fiscal year.

SB40-SSA1,659,1 4. Grants under s. 49.137 (4m).

SB40-SSA1,659,2 5. Contracts under s. 49.137 (4) for training and technical assistance.

SB40-SSA1,659,5 6. The department's share of the costs for the Child Care Information Center operated by the division for libraries, technology, and community learning in the department of public instruction.

SB40-SSA1,659,8 (b) Subject to sub. (1j), from the appropriations under s. 20.445 (3) (cm), (kx), and (mc), distribute $1,765,600 in fiscal year 2007-08 and $1,600,300 in fiscal year 2008-09 for administration of the department's office of child care.

SB40-SSA1, s. 1420n Section 1420n. 49.155 (1g) (a) (intro.) and 3. and (b) of the statutes, as affected by 2007 Wisconsin Act .... (this act), are amended to read:

SB40-SSA1,659,15 49.155 (1g) (a) (intro.) Subject to sub. (1j), spend no more than the minimum amount required under 42 USC 9858 on programs to improve the quality and availability of child care. From the appropriations under s. 20.445 (3) 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute funding in each fiscal year for all of the following:

SB40-SSA1,659,17 3. A transfer to the appropriation account under s. 20.435 (3) 20.437 (1) (kx) for child care licensing activities, in the amount of at least $4,800,600 per fiscal year.

SB40-SSA1,659,20 (b) Subject to sub. (1j), from the appropriations under s. 20.445 (3) 20.437 (2) (cm), (kx), and (mc), distribute $1,765,600 in fiscal year 2007-08 and $1,600,300 in fiscal year 2008-09 for administration of the department's office of child care.

SB40-SSA1, s. 1425 Section 1425. 49.155 (1m) (a) 3m. of the statutes is amended to read:

SB40-SSA1,659,23 49.155 (1m) (a) 3m. Participate in a job search or work experience component of the food stamp employment and training program under s. 49.13 49.79 (9).

SB40-SSA1, s. 1432c Section 1432c. 49.155 (5) of the statutes is amended to read:

SB40-SSA1,660,8 49.155 (5) Liability for payment. An individual is liable for the percentage of the cost of the child care specified by the department in a printed copayment schedule. The department may not increase copayment amounts by more than 2.8 percent per year. An individual who is under the age of 20 and is attending high school or participating in a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency to high school graduation may not be determined liable for more than the minimum copayment amount for the type of child care received and the number of children receiving child care.

SB40-SSA1, s. 1432m Section 1432m. 49.155 (6m) of the statutes is created to read:

SB40-SSA1,660,11 49.155 (6m) Child care provider reimbursements. (a) In this subsection, "child care provider" means a provider licensed under s. 48.65.

SB40-SSA1,660,15 (b) The department shall reimburse a child care provider on the basis of the number of authorized hours for a child to receive services from the child care provider and shall adjust the number of authorized hours on the basis of a child's history of underutilization. For this purpose, the department shall do all of the following:

SB40-SSA1,660,20 1. Program the child care computer system to track the hourly usage of child care authorized hours for each child for each child care provider over a review period of 6 consecutive 2-week periods and to automatically adjust a child's authorized hours if usage is consistently less than 50 percent of the authorized hours for the child in each of those 2-week periods.

SB40-SSA1,660,24 2. Reduce the authorized hours for a child to reflect actual usage and provide an automated notice to the child's parent, child care provider, and local case worker that allows a reasonable time for the child care provider to fill the vacant child care slot.

SB40-SSA1,661,3 3. Adjust the authorized hours for a child to the highest usage during the 12-week review period, except that the department may not set the authorized hours for a child at a level that is less than 20 hours per week.

SB40-SSA1,661,6 (c) The department shall allow families to request adjustments in authorized hours if needed to meet work requirements and to appeal any determinations made with respect to adjustments in authorized hours under par. (b).

SB40-SSA1, s. 1434 Section 1434. 49.1635 (1) of the statutes is amended to read:

SB40-SSA1,661,15 49.1635 (1) To the extent permitted under federal law and subject to sub. (2), from the appropriation under s. 20.445 (3) 20.437 (2) (md) the department may distribute funds to the Wisconsin Trust Account Foundation in an amount up to the amount received by the foundation from private donations, but not to exceed $100,000 in a fiscal year. Except as provided in sub. (4), funds distributed under this subsection may be used only for the provision of legal services to individuals who are eligible for temporary assistance for needy families under 42 USC 601 et seq. and whose incomes are at or below 200% of the poverty line.

SB40-SSA1, s. 1435 Section 1435. 49.175 (1) (intro.) of the statutes is amended to read:

SB40-SSA1,661,20 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s), the department shall allocate the following amounts for the following purposes:

SB40-SSA1, s. 1436 Section 1436. 49.175 (1) (a) of the statutes is amended to read:

SB40-SSA1,661,24 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $59,184,700 $44,068,500 in fiscal year 2005-06 2007-08 and $51,930,000 $43,392,200 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1437 Section 1437. 49.175 (1) (b) of the statutes is amended to read:

SB40-SSA1,662,4 49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $18,999,900 $10,701,100 in fiscal year 2005-06 2007-08 and $16,834,100 $10,701,100 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1438 Section 1438. 49.175 (1) (c) of the statutes is repealed.

SB40-SSA1, s. 1439 Section 1439. 49.175 (1) (f) of the statutes is amended to read:

SB40-SSA1,662,10 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $49,534,800 $38,471,500 in fiscal year 2005-06 2007-08 and $43,463,000 $38,471,500 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1440 Section 1440. 49.175 (1) (g) of the statutes is amended to read:

SB40-SSA1,662,14 49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $16,060,000 $16,670,100 in each fiscal year 2007-08 and $16,868,500 in fiscal year 2008-09.

SB40-SSA1, s. 1441 Section 1441. 49.175 (1) (i) of the statutes is amended to read:

SB40-SSA1,662,17 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $4,500,000 $6,000,000 in each fiscal year.

SB40-SSA1, s. 1442 Section 1442. 49.175 (1) (p) of the statutes is amended to read:

SB40-SSA1,662,21 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $310,332,100 $345,601,800 in fiscal year 2005-06 2007-08 and $313,432,100 $355,352,000 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1443c Section 1443c. 49.175 (1) (q) of the statutes is amended to read:

SB40-SSA1,663,2 49.175 (1) (q) Indirect child Child care services state administration. For indirect administration of child care services under s. 49.155 (1g), $9,926,700 (b), $1,765,600 in fiscal year 2005-06 2007-08 and $9,929,000 $1,600,300 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1444 Section 1444. 49.175 (1) (qm) of the statutes is amended to read:

SB40-SSA1,663,6 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (d), $3,378,500 (a), $5,311,000 in each fiscal year.

SB40-SSA1, s. 1444c Section 1444c. 49.175 (1) (qs) of the statutes is created to read:

SB40-SSA1,663,9 49.175 (1) (qs) Child care licensing. For child care licensing, at least $4,800,600 in each fiscal year.

SB40-SSA1, s. 1445 Section 1445. 49.175 (1) (r) of the statutes is repealed.

SB40-SSA1, s. 1448 Section 1448. 49.175 (1) (ze) (title) of the statutes is amended to read:

SB40-SSA1,663,13 49.175 (1) (ze) (title) Programs administered by the department of health and family services relating to children and families.

SB40-SSA1, s. 1449 Section 1449. 49.175 (1) (ze) 1. of the statutes is amended to read:

SB40-SSA1,663,18 49.175 (1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $23,034,200 in fiscal year 2005-06 and $22,686,300 $23,579,800 in each fiscal year 2006-07.

SB40-SSA1, s. 1450 Section 1450. 49.175 (1) (ze) 2. of the statutes is amended to read:

SB40-SSA1,663,23 49.175 (1) (ze) 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $30,444,000 $30,094,700 in fiscal year 2005-06 2007-08 and $30,394,000 $30,094,700 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1451 Section 1451. 49.175 (1) (ze) 10m. of the statutes is amended to read:

SB40-SSA1,664,6 49.175 (1) (ze) 10m. `Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $5,707,200 and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.

SB40-SSA1, s. 1452 Section 1452 . 49.175 (1) (ze) 10m. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1,664,14 49.175 (1) (ze) 10m. `Safety and out-of-home placement services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, and for ongoing services provided in those counties to families with children placed in out-of-home care, $5,631,300 in each fiscal year.

SB40-SSA1, s. 1453 Section 1453. 49.175 (1) (ze) 12. of the statutes is amended to read:

SB40-SSA1,664,20 49.175 (1) (ze) 12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,310,800 $1,510,500 in fiscal year 2005-06 2007-08 and $1,317,700 $1,532,100 in fiscal year 2006-07 2008-09.

SB40-SSA1, s. 1454 Section 1454. 49.175 (1) (zh) of the statutes is amended to read:

SB40-SSA1,664,25 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $55,232,000 $16,125,400 in each fiscal year 2007-08 and $6,664,200 in fiscal year 2008-09.

SB40-SSA1, s. 1455 Section 1455 . 49.175 (1) (zh) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40-SSA1,665,6 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.445 (3) 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $16,125,400 in fiscal year 2007-08 and $6,664,200 in fiscal year 2008-09.

SB40-SSA1, s. 1456 Section 1456. 49.175 (2) (c) of the statutes is amended to read:

SB40-SSA1,665,15 49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.445 (3) 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.445 (3) 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and the department shall allocate the moneys as specified in the plan.

SB40-SSA1, s. 1459 Section 1459. 49.19 (1) (a) 2. b. of the statutes is amended to read:

SB40-SSA1,666,2 49.19 (1) (a) 2. b. Is living in a foster home or treatment foster home licensed under s. 48.62 if a license is required under that section, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation, in a group home licensed under s. 48.625, or in a residential care center for children and youth licensed under s. 48.60, and has been placed in the foster home, treatment foster home, group home, or center by a county department under s. 46.215, 46.22, or 46.23, by the department of health and family services, by the department of corrections, or by a federally recognized American Indian tribal governing body in this state under an agreement with a county department.

SB40-SSA1, s. 1460 Section 1460. 49.19 (10) (a) of the statutes is amended to read:

SB40-SSA1,666,17 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB40-SSA1, s. 1461 Section 1461. 49.19 (10) (d) of the statutes is amended to read:

SB40-SSA1,667,3 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home, treatment foster home, group home, or residential care center for children and youth by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

SB40-SSA1, s. 1462 Section 1462. 49.19 (11) (a) 1. a. of the statutes is amended to read:

SB40-SSA1,667,9 49.19 (11) (a) 1. a. Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) 20.437 (2) (dz) and (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987: - See PDF for table

SB40-SSA1, s. 1463 Section 1463. 49.19 (11s) (d) of the statutes is amended to read:

SB40-SSA1,667,14 49.19 (11s) (d) From the appropriation under s. 20.445 (3) 20.437 (2) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).

SB40-SSA1, s. 1464 Section 1464. 49.195 (3r) of the statutes is amended to read:

SB40-SSA1,668,2 49.195 (3r) From the appropriation under s. 20.445 (3) 20.437 (2) (L) the department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.

SB40-SSA1, s. 1465 Section 1465. 49.197 (1m) of the statutes is amended to read:

SB40-SSA1,668,21 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) 20.437 (2) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

SB40-SSA1, s. 1465m Section 1465m. 49.197 (2) of the statutes is created to read:

SB40-SSA1,668,25 49.197 (2) Fraud investigation by counties and tribal governing bodies. (a) In this subsection, "tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

SB40-SSA1,669,5 (b) A county or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.

SB40-SSA1,669,7 (c) If a county or tribal governing body establishes a program under par. (a), the county or tribal governing body shall pay to the department all of the following:

SB40-SSA1,669,10 1. Fifty percent of all amounts recovered by the county or tribal governing body as a result of its program during the first month in which it recovers any amounts as a result of its program.

SB40-SSA1,669,13 2. Sixty-six percent of all amounts recovered by the county or tribal governing body as a result of its program during the 2nd month in which it recovers any amounts as a result of its program.

SB40-SSA1,669,16 3. One hundred percent of all amounts recovered by the county or tribal governing body as a result of its program after the 2nd month in which it recovers any amounts as a result of its program.

SB40-SSA1,669,22 (d) The department shall credit all moneys received under this subsection to the appropriation account under s. 20.445 (3) (g). The department shall use moneys recovered as a result of fraud in the Wisconsin Works program, other than the child care subsidy program under s. 49.155, for the Wisconsin Works program other than the child care subsidy program and shall use moneys recovered as a result of fraud in the child care subsidy program under s. 49.155 for the child care subsidy program.