b. He or she does not reside with an employee of the child care provider.
2. No funds distributed under par. (a) may be used for child care services that are provided for a child by a child care provider who employs either the parent of the child or a person who resides with the child, unless the child care provider is licensed under s. 48.65 and at all times at least 60 percent of the children for whom the child care provider is providing care are qualifying children.
3. Notwithstanding subd. 2., if a child care provider described in subd. 2. satisfies the requirements for payment under subd. 2. but the percentage of qualifying children for whom the provider is providing care falls below 60 percent, the provider shall have 6 weeks to raise the percentage of qualifying children for whom the provider is providing care to at least 60 percent before payments to the provider are discontinued for child care services provided for a child who is not a qualifying child.
28,1214
Section
1214. 49.155 (6) (e) of the statutes is created to read:
49.155 (6) (e) The department may not increase the maximum reimbursement rates for child care providers in 2009, in 2010, or before June 30 in 2011.
28,1214a
Section 1214a. 49.155 (6g) of the statutes is created to read:
49.155 (6g) Authorized child care hours. (a) 1. In this paragraph, "department" means the department or the county department or agency determining and authorizing the amount of child care for which an individual may receive a subsidy under this section.
2. Except as provided in subd. 3., the department shall authorize no more than 12 hours of child care per day per child.
3. The department may authorize more than 12 hours, not exceeding 16 hours, of child care per day for a child whose parent provides written documentation of work or transportation requirements that exceed 12 hours in a day.
4. If the authorized hours of child care per day for a child will be reduced from more than 12 to 12 or less because the child's parent does not provide the written documentation required under subd. 3., the department shall provide to the child's parent who is receiving the subsidy under this section and to the child's child care provider 4 weeks' notice of the reduction in authorized hours before actually reducing the child's authorized hours.
(am) If reimbursement to a child care provider is based on authorized hours of child care, the department shall do all of the following with respect to establishing and adjusting the number of authorized hours per child:
1. The department shall track a child's hourly usage of child care authorizations over a 6-week period.
2. If the child's hourly usage tracked under subd. 1. is less than 60 percent of the authorized hours of child care
in each of the 3 consecutive 2-week periods , the department shall reduce the authorized hours of child care for the child to 90 percent of the maximum number of hours of child care that the child attended during that 6-week period.
3. The department shall provide written notice of the proposed adjustment under subd. 2. to the child's parent who is receiving the subsidy under this section, the child's child care provider, and the applicable county department or agency.
4. The department shall provide a grace period
of 6 weeks after the number of authorized hours are reduced under subd. 2., during which time the child care subsidy amount paid to the child care provider for the child shall remain the same as before the reduction in authorized hours was made.
(b) The department shall exclude from a child's hourly usage calculation under par. (am) 2., all of the following:
1. One week per year of vacation time for the child's child care provider.
2. One week per year of sick time for the child's child care provider.
3. Two weeks per year of vacation time for the child's parent who is receiving the subsidy under this section with the child.
(c) The department shall promulgate rules that specify how the requirements under this subsection will be implemented.
28,1214b
Section 1214b. 49.155 (6m) of the statutes is created to read:
49.155 (6m) Child care provider recordkeeping. With respect to attendance records, a child care provider shall do all of the following:
(a) Maintain a written record of the daily hours of attendance of each child for whom the provider is providing care under this section, including the actual arrival and departure times for each child.
(b) Retain the written daily attendance records under par. (a) for each child for at least 3 years after the child's last day of attendance, regardless of whether the child care provider is still receiving or eligible to receive payments under this section.
28,1214d
Section 1214d. 49.155 (7) (a) 1. of the statutes is renumbered 49.155 (7), and 49.155 (7) (a), as renumbered, is amended to read:
49.155 (7) (a) The person has been convicted of a felony or misdemeanor that the department or county department determines substantially relates to the care of children or to the operation of a business.
28,1214f
Section 1214f. 49.155 (7) (d) of the statutes is created to read:
49.155 (7) (d) The department or county department reasonably suspects that the person has
intentionally and egregiously violated any provision under the program under this section or any rule promulgated under this section.
28,1214k
Section 1214k. 49.155 (7m) of the statutes is created to read:
49.155 (7m) Penalties. The department shall by rule establish policies and procedures permitting the department to do all of the following if a child care provider submits false, misleading, or irregular information to the department or if a child care provider fails to comply with the terms of the program under this section and fails to provide to the satisfaction of the department an explanation for the noncompliance:
(a) Recoup payments made to the child care provider.
(b) Withhold payments to be made to the child care provider.
(c) Impose a forfeiture on the child care provider.
28,1216
Section
1216. 49.159 (4) of the statutes is amended to read:
49.159 (4) Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.
28,1216k
Section 1216k. 49.162 of the statutes is created to read:
49.162 Transitional jobs demonstration project. (1) In this section, "Wisconsin Works" has the meaning given in s. 49.141 (1) (p).
(2) Subject to sub. (3) (b), the department shall conduct a demonstration project, beginning on January 1, 2010, that offers transitional jobs to low-income adults. To be eligible to participate in the demonstration project, an individual must satisfy all of the following criteria:
(a) Be at least 21 but not more than 64 years of age.
(b) Be ineligible for Wisconsin Works.
(c) Have an annual household income that is below 150 percent of the poverty line.
(d) Be unemployed for at least 4 weeks.
(e) Be ineligible to receive unemployment insurance benefits.
(3) (a) The department shall provide up to 2,500 transitional jobs under the demonstration project. The jobs shall be allocated among Milwaukee County, Dane County, Racine County, Kenosha County, Rock County, Brown County, and other regions of the state, as determined by the department, in the same proportion as the total number of Wisconsin Works participants are allocated among those counties and other regions as of June 30, 2009.
(b) The department shall seek federal funds to pay for the cost of operating the demonstration project, and may conduct the project only to the extent that the department obtains federal funds.
(c) The department shall promulgate rules for the operation of the demonstration project under this section.
28,1217
Section
1217. 49.17 of the statutes is renumbered 253.06, and 253.06 (2) and (5) (e), as renumbered, are amended to read:
253.06
(2) Use of funds. From the appropriation under s.
20.437 (2) 20.435 (1) (em), the department shall supplement the provision of supplemental foods, nutrition education, and other services, including nutritional counseling, to low-income women, infants, and children who meet the eligibility criteria under the federal special supplemental food program for women, infants, and children authorized under
42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under
42 USC 1786, the department shall provide the supplemental food, nutrition education, and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.
(5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.437 (2) 20.435 (1) (gr).
28,1218
Section
1218. 49.171 of the statutes is renumbered 46.75, and 46.75 (2) (a), as renumbered, is amended to read:
46.75
(2) (a) From the appropriation under s.
20.437 (2) 20.435 (1) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under
P.L. 98-8, as amended 7 USC ch. 102.
28,1219
Section
1219. 49.1715 of the statutes is renumbered 46.77 and amended to read:
46.77 Food distribution administration. From the appropriation under s.
20.437 (2) 20.435 (1) (dn), the department shall allocate funds to eligible recipient agencies, as defined in
the emergency food assistance act, P.L. 98-8, section 201A, as amended 7 USC 7501 (3), for the storage, transportation, and distribution of commodities provided under
the hunger prevention act of 1988, P.L. 100-435, as amended 7 USC ch. 102.
28,1220
Section
1220. 49.172 of the statutes is renumbered 49.76.
28,1226
Section
1226. 49.175 (1) (intro.) of the statutes is amended to read:
49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (cr), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:
28,1227
Section
1227
. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (cr), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:
28,1228
Section
1228. 49.175 (1) (a) of the statutes is amended to read:
49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $44,068,500 $49,139,400 in fiscal year 2007-08 2009-10 and $43,392,200 $51,229,600 in fiscal year 2008-09 2010-11.
28,1228g
Section 1228g. 49.175 (1) (b) of the statutes is amended to read:
49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $10,701,100 $8,247,000 in fiscal year 2007-08 2009-10 and $10,701,100 $8,247,000 in fiscal year 2008-09 2010-11.
28,1228i
Section 1228i. 49.175 (1) (f) of the statutes is amended to read:
49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $38,471,500 $38,471,500 in fiscal year 2007-08
2009-10 and $38,471,500 $35,471,500 in fiscal year 2008-09 2010-11.
28,1229
Section
1229. 49.175 (1) (g) of the statutes is amended to read:
49.175 (1) (g) State administration of public assistance programs and costs of overpayment collections. For state administration of public assistance programs, $16,670,100 and costs associated with the collection of public assistance overpayments, $16,985,900 in fiscal year 2007-08 2009-10 and $16,868,500 $17,091,700 in fiscal year 2008-09 2010-11.
28,1230
Section
1230. 49.175 (1) (h) of the statutes is created to read:
49.175 (1) (h) Public assistance program fraud and error reduction. For activities to reduce fraud under s. 49.197 (1m) and activities to reduce payment errors under s. 49.197 (3), $605,500 in each fiscal year.
49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,000,000 $6,500,000 in fiscal year 2007-08 2009-10 and $7,000,000 $6,000,000 in fiscal year 2008-09 2010-11.
28,1233
Section
1233. 49.175 (1) (j) of the statutes is created to read:
49.175 (1) (j) Aid to families with dependent children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $2,500,500 in fiscal year 2008-09.
28,1234
Section
1234. 49.175 (1) (j) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
28,1235
Section
1235. 49.175 (1) (k) of the statutes is created to read:
49.175 (1) (k) Aid to Families with Dependent Children overpayments liability. For payment of liability to the federal government related to overpayments made under the program under s. 49.19, $13,183,900 in fiscal year 2009-10 and $0 in fiscal year 2010-11.
28,1236
Section
1236. 49.175 (1) (k) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $359,201,800 $384,987,600 in fiscal year 2007-08
2009-10 and $375,736,400 $402,496,800 in fiscal year 2008-09 2010-11.
49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care services under s. 49.155 (1g) (b), $1,765,600 in fiscal year 2007-08 and $2,437,800 in programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700 in fiscal year 2009-10 and $8,889,700 in fiscal year 2008-09 2010-11.
28,1240
Section
1240. 49.175 (1) (qm) of the statutes is amended to read:
49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g) (a), $5,311,000 in each fiscal year, $5,384,600 in fiscal year 2009-10 and $5,384,600 in fiscal year 2010-11.
28,1241
Section
1241. 49.175 (1) (qs) of the statutes is repealed.
28,1242b
Section 1242b. 49.175 (1) (s) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.175 (1) (s) Kinship care and, long-term kinship care, and foster care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) and for foster care for relatives under s. 48.62, $24,435,000 in fiscal year 2009-10 and $24,435,000 in fiscal year 2010-11.
28,1243
Section
1243. 49.175 (1) (ze) (title) of the statutes is repealed.
28,1244
Section
1244. 49.175 (1) (ze) 1. of the statutes is amended to read:
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), $23,579,800 in each fiscal year 2007-08 and $23,885,800 in fiscal year 2008-09.
28,1245
Section
1245. 49.175 (1) (ze) 1. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is renumbered 49.175 (1) (s) and amended to read:
