AB75-SSA1,566,2516 49.148 (1m) (b) Receipt of a grant under this subsection constitutes
17participation in a Wisconsin works Works employment position for purposes of the
18time limits under ss. limit under s. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) or (5) (b)
192.
if the child is born to the participant more than 10 months after the date that the
20participant was first determined to be eligible for assistance under s. 49.19 or for a
21Wisconsin works Works employment position unless the child was conceived as a
22result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother
23did not indicate a freely given agreement to have sexual intercourse or of incest in
24violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported
25to a physician and to law enforcement authorities.
AB75-SSA1, s. 1181
1Section 1181. 49.148 (1m) (b) of the statutes, as affected by 2009 Wisconsin
2Act .... (this act), is renumbered 49.148 (1m) (c) 2. and amended to read:
AB75-SSA1,567,123 49.148 (1m) (c) 2. Receipt of a grant under this subsection by a participant
4under par. (a) 1.
constitutes participation in a Wisconsin Works employment position
5for purposes of the time limit under s. 49.145 (2) (n) if the child is born to the
6participant more than 10 months after the date that the participant was first
7determined to be eligible for assistance under s. 49.19 or for a Wisconsin Works
8employment position unless the child was conceived as a result of a sexual assault
9in violation of s. 940.225 (1), (2), or (3) in which the mother did not indicate a freely
10given agreement to have sexual intercourse or in violation of s. 948.02 or 948.025 or
11as a result
of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault
12has been reported to a physician and to law enforcement authorities.
AB75-SSA1, s. 1182c 13Section 1182c. 49.148 (1m) (c) (intro.) of the statutes is created to read:
AB75-SSA1,567,1514 49.148 (1m) (c) (intro.) For purposes of the time limit under s. 49.145 (2) (n),
15all of the following apply:
AB75-SSA1, s. 1182e 16Section 1182e. 49.148 (1m) (c) 3. of the statutes is created to read:
AB75-SSA1,567,1917 49.148 (1m) (c) 3. Receipt of a grant under this subsection by a participant
18under par. (a) 2. does not constitute participation in a Wisconsin Works employment
19position.
AB75-SSA1, s. 1183 20Section 1183. 49.148 (4) (b) of the statutes is amended to read:
AB75-SSA1,567,2421 49.148 (4) (b) The Wisconsin works Works agency may require an individual
22who tests positive for use of a controlled substance under par. (a) to participate in a
23drug abuse evaluation, assessment, and treatment program as part of the
24participation requirement under s. 49.147 (4) (as) (a) and (am) or (5) (bs) (b) and (bm).
AB75-SSA1, s. 1185 25Section 1185. 49.151 (1) (intro.) of the statutes is amended to read:
AB75-SSA1,568,14
149.151 (1) Refusal to participate. (intro.) A participant who refuses to
2participate 3 times, as determined under guidelines promulgated under s. 49.1515,
3in any Wisconsin works Works employment position component is ineligible to
4participate in that component the Wisconsin Works program for 3 months. A
5participant is also ineligible to participate in that the Wisconsin works employment
6position component
Works program if an individual in the participant's Wisconsin
7works Works group is subject to the work requirement under s. 49.15 (2) and refuses
83 times to participate as required. A participant whom the Wisconsin works agency
9has determined is ineligible under this section for a particular Wisconsin works
10employment position component may be eligible to participate in any other
11Wisconsin works employment position component in which the participant has not
12refused to participate 3 times.
A participant or an individual who is subject to the
13work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of
14the following applies:
AB75-SSA1, s. 1186 15Section 1186. 49.151 (1) (b) of the statutes is amended to read:
AB75-SSA1,568,2216 49.151 (1) (b) The participant, or an individual who is in the participant's
17Wisconsin works Works group and who is subject to the work requirement under s.
1849.15 (2), fails, without good cause, as determined by the Wisconsin works Works
19agency, to appear for an interview with a prospective employer or, if the participant
20is in a Wisconsin works Works transitional placement, the participant fails to appear
21for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e. 1m. to
224.
, without good cause, as determined by the Wisconsin works Works agency.
AB75-SSA1, s. 1187 23Section 1187. 49.1515 of the statutes is created to read:
AB75-SSA1,569,3 2449.1515 Determining nonparticipation without good cause. (1)
25Guidelines by rule. The department shall by rule specify guidelines for determining

1when a participant, or individual in the participant's Wisconsin Works group, who
2engages in a behavior specified in s. 49.151 (1) (a), (b), (c), (d), or (e) is demonstrating
3a refusal to participate.
AB75-SSA1,569,6 4(2) Actions before determination. Before determining under s. 49.151 that
5a participant is ineligible to participate in the Wisconsin Works program, the
6Wisconsin Works agency shall do all of the following:
AB75-SSA1,569,97 (a) Determine whether the failure of the participant or individual to participate
8is because the participant or individual refuses to participate or is unable to
9participate.
AB75-SSA1,569,1110 (b) Ensure that the services offered to the participant or individual are
11appropriate for him or her.
AB75-SSA1,569,1212 (c) Determine whether good cause exists for the failure to participate.
AB75-SSA1,569,19 13(3) Conciliation period for compliance. (a) If a Wisconsin Works agency, in
14accordance with rules promulgated under sub. (1) and after taking the steps required
15under sub. (2), determines that a participant or individual has refused to participate
16without good cause, the Wisconsin Works agency shall allow the participant or
17individual a conciliation period during which he or she must participate in all
18assigned activities unless good cause exists that prevents compliance during the
19conciliation period.
AB75-SSA1,569,2120 (b) The department shall by rule establish the length of time for a conciliation
21period.
AB75-SSA1,569,24 22(4) Emergency rules prohibited. Notwithstanding s. 227.24, the department
23may not promulgate any rules under this section as emergency rules using the
24procedure under s. 227.24.
AB75-SSA1, s. 1188
1Section 1188. 49.153 (1) (a) of the statutes is renumbered 49.153 (1) (bm) and
2amended to read:
AB75-SSA1,570,53 49.153 (1) (bm) Provide After providing the explanation under par. (am),
4provide
to the participant written notice of the proposed action and of the reasons for
5the proposed action.
AB75-SSA1, s. 1189 6Section 1189. 49.153 (1) (b) of the statutes is renumbered 49.153 (1) (am) and
7amended to read:
AB75-SSA1,570,118 49.153 (1) (am) After providing written notice, explain Explain to the
9participant orally in person or by phone, or make reasonable attempts to explain to
10the participant orally in person or by phone, the proposed action and the reasons for
11the proposed action.
AB75-SSA1, s. 1190 12Section 1190. 49.153 (1) (c) of the statutes is amended to read:
AB75-SSA1,570,1713 49.153 (1) (c) After providing the notice under par. (a) and the explanation or
14the attempts to provide an explanation under par. (b), (am) and the notice under par.
15(bm), if the participant has not already been afforded a conciliation period under s.
1649.1515 (3)
allow the participant a reasonable time to rectify the deficiency, failure,
17or other behavior to avoid the proposed action.
AB75-SSA1, s. 1190p 18Section 1190p. 49.155 (title) of the statutes is amended to read:
AB75-SSA1,570,19 1949.155 (title) Wisconsin works Shares; child care subsidy.
AB75-SSA1, s. 1191 20Section 1191. 49.155 (1) (ah) of the statutes is created to read:
AB75-SSA1,570,2321 49.155 (1) (ah) "County department or agency" means a county department
22under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 (1) (e), or a Wisconsin
23Works agency, child care resource and referral agency, or other agency.
AB75-SSA1, s. 1192 24Section 1192. 49.155 (1) (c) of the statutes is amended to read:
AB75-SSA1,571,3
149.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial
2parent, guardian, foster parent, treatment foster parent, legal custodian, or a person
3acting in the place of a parent.
AB75-SSA1, s. 1193 4Section 1193. 49.155 (1g) (intro.) and (a) (intro.) of the statutes are
5consolidated, renumbered 49.155 (1g) (intro.) and amended to read:
AB75-SSA1,571,136 49.155 (1g) Distribution of funds Child care allocations. (intro.) Within the
7limits of the availability of the federal child care and development block grant funds
8received under 42 USC 9858, the department shall do all of the following: (a) (intro.)
9Subject to sub. (1j), spend no more than the minimum amount required under 42
10USC 9858
on programs to improve the quality and availability of child care. From
11the appropriations under s. 20.437 (2) (cm), (kx), (mc), and (md), the department
12shall allocate and distribute
allocate funding in each fiscal year for all of the
13following:
AB75-SSA1, s. 1194 14Section 1194. 49.155 (1g) (a) 1. of the statutes is renumbered 49.155 (1g) (ac).
AB75-SSA1, s. 1195b 15Section 1195b. 49.155 (1g) (a) 2. of the statutes is renumbered 49.155 (1g) (bc)
16and amended to read:
AB75-SSA1,571,1817 49.155 (1g) (bc) Grants under s. 49.134 (2) for child day care resource and
18referral services, in the amount of at least $1,225,000 $1,298,600 per fiscal year.
AB75-SSA1, s. 1196 19Section 1196. 49.155 (1g) (a) 3. of the statutes is renumbered 49.155 (1g) (c)
20and amended to read:
AB75-SSA1,571,2321 49.155 (1g) (c) A transfer to the appropriation account under s. 20.437 (1) (kx)
22for child
Child care licensing activities, in the amount of at least $4,800,600
23$5,763,900 per fiscal year.
AB75-SSA1, s. 1197 24Section 1197. 49.155 (1g) (a) 4. of the statutes is renumbered 49.155 (1g) (d).
AB75-SSA1, s. 1198 25Section 1198. 49.155 (1g) (a) 5. of the statutes is renumbered 49.155 (1g) (e).
AB75-SSA1, s. 1199
1Section 1199. 49.155 (1g) (a) 6. of the statutes is renumbered 49.155 (1g) (f).
AB75-SSA1, s. 1200 2Section 1200. 49.155 (1g) (b) of the statutes is repealed.
AB75-SSA1, s. 1200c 3Section 1200c. 49.155 (1h) of the statutes is created to read:
AB75-SSA1,572,84 49.155 (1h) Prohibition on transfer of funds. For purposes of the maximum
5spending amount under sub. (1g) (ac), the department shall not transfer any federal
6Temporary Assistance for Needy Families block grant funds received by the
7department to federal Child Care and Development block grant funds received by the
8department.
AB75-SSA1, s. 1201 9Section 1201. 49.155 (1m) (intro.) of the statutes is amended to read:
AB75-SSA1,572,1710 49.155 (1m) Eligibility. (intro.) A Wisconsin works agency shall determine
11eligibility for a
Except as provided in s. 49.155 (3g), the department shall contract
12with a county department or agency to determine the eligibility of individuals
13residing in a particular geographic region or who are members of a particular Indian
14tribal unit for
child care subsidy subsidies under this section. Under this section, an
15individual may receive a subsidy for child care for a child who has not attained the
16age of 13 or, if the child is disabled, who has not attained the age of 19, if the
17individual meets all of the following conditions:
AB75-SSA1, s. 1202 18Section 1202. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
AB75-SSA1,572,2519 49.155 (1m) (a) (intro.) The individual is a parent of a child who meets the
20requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is
21disabled, is under the age of 19; or is a person relative who, under s. 48.57 (3m) or
22(3n)
48.62, is providing care and maintenance for a child who meets the requirement
23under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is
24under the age of 19; and child care services for that child are needed in order for the
25individual to do any of the following:
AB75-SSA1, s. 1203
1Section 1203. 49.155 (1m) (a) 1. of the statutes is amended to read:
AB75-SSA1,573,32 49.155 (1m) (a) 1. Meet the Attend school attendance requirement under s.
349.26 (1) (ge)
.
AB75-SSA1, s. 1204 4Section 1204. 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:
AB75-SSA1,573,105 49.155 (1m) (a) 1m. (intro.) Obtain a high school diploma or participate in a
6course of study meeting the standards established by the state superintendent of
7public instruction for the granting of a declaration of equivalency of high school
8graduation, if the individual is not subject to the school attendance requirement
9under s. 49.26 (1) (ge)
enrolled in school and at least one of the following conditions
10is met:
AB75-SSA1, s. 1205 11Section 1205. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:
AB75-SSA1,573,1712 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years
13and the individual resides with his or her custodial parent or with a kinship care
14relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57
15(3n) or
is in a foster home or treatment foster home licensed under s. 48.62, a
16subsidized guardianship home under s. 48.62 (5), a group home, or an independent
17living arrangement supervised by an adult.
AB75-SSA1, s. 1206 18Section 1206 . 49.155 (1m) (bm) of the statutes is amended to read:
AB75-SSA1,573,2219 49.155 (1m) (bm) If the individual is providing care for a child under a court
20order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or
2148.62 (5), or if the individual is a foster parent or treatment foster parent, and child
22care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).
AB75-SSA1, s. 1207 23Section 1207. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:
AB75-SSA1,574,1024 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., 1h., 1m., 2., and 3.,
25the gross income of the individual's family is at or below 185% of the poverty line for

1a family the size of the individual's family or, for an individual who is already
2receiving a child care subsidy under this section, the gross income of the individual's
3family is at or below 200% of the poverty line for a family the size of the individual's
4family. In calculating the gross income of the family, the Wisconsin works agency
5department or county department or agency determining eligibility shall include
6court-ordered child or family support payments received by the individual, if those
7support payments exceed $1,250 per month, and
income described under s. 49.145
8(3) (b) 1. and 3., except that, in calculating farm and self-employment income, the
9Wisconsin works agency department or county department or agency determining
10eligibility
shall include the sum of the following:
AB75-SSA1, s. 1208 11Section 1208 . 49.155 (1m) (c) 1. (intro.) of the statutes, as affected by 2009
12Wisconsin Act .... (this act), is amended to read:
AB75-SSA1,574,2413 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., 1h., 1m., 2., and 3.,
14the gross income of the individual's family is at or below 185% of the poverty line for
15a family the size of the individual's family or, for an individual who is already
16receiving a child care subsidy under this section, the gross income of the individual's
17family is at or below 200% of the poverty line for a family the size of the individual's
18family. In calculating the gross income of the family, the department or county
19department or agency determining eligibility shall include court-ordered child or
20family support payments received by the individual, if those support payments
21exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.,
22except that, in calculating farm and self-employment income, the department or
23county department or agency determining eligibility shall include the sum of the
24following:
AB75-SSA1, s. 1209 25Section 1209 . 49.155 (1m) (c) 1g. of the statutes is amended to read:
AB75-SSA1,575,8
149.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized
2guardian or interim caretaker of the child under s. 48.62 (5), the child's biological or
3adoptive family has a gross income that is at or below 200% of the poverty line. In
4calculating the gross income of the child's biological or adoptive family, the Wisconsin
5works agency department or county department or agency determining eligibility
6shall include court-ordered child or family support payments received by the
7individual, if those support payments exceed $1,250 per month, and
income
8described under s. 49.145 (3) (b) 1. and 3.
AB75-SSA1, s. 1210 9Section 1210 . 49.155 (1m) (c) 1h. of the statutes is amended to read:
AB75-SSA1,575,1810 49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care
11for the child under a court order, and is receiving payments under s. 48.57 (3m) or
12(3n) on behalf of the child, the child's biological or adoptive family has a gross income
13that is at or below 200% of the poverty line. In calculating the gross income of the
14child's biological or adoptive family, the Wisconsin works agency department or
15county department or agency determining eligibility
shall include court-ordered
16child or family support payments received by the individual, if those support
17payments exceed $1,250 per month, and
income described under s. 49.145 (3) (b) 1.
18and 3.
AB75-SSA1, s. 1211 19Section 1211. 49.155 (1m) (c) 1h. of the statutes, as affected by 2009 Wisconsin
20Act .... (this act), is repealed.
AB75-SSA1, s. 1212 21Section 1212. 49.155 (3) of the statutes is repealed and recreated to read:
AB75-SSA1,576,322 49.155 (3) Child care local administration. Except as provided in sub. (3g),
23the county department or agency with which the department contracts under sub.
24(1m) to determine eligibility in a particular geographic region or for a particular
25Indian tribal unit shall administer child care assistance in that geographic region or

1for that tribal unit. For the administration of child care assistance under this
2section, the department may require the county department or agency to do all of the
3following:
AB75-SSA1,576,44 (a) Determine an individual's liability for copayments under sub. (5).
AB75-SSA1,576,65 (b) Determine and authorize the amount of child care for which an individual
6may receive a subsidy.
AB75-SSA1,576,97 (c) Annually perform a survey of market child care rates, as directed by the
8department, and determine maximum reimbursement rates, if the department so
9directs.
AB75-SSA1,576,1210 (d) Assist individuals who are eligible for child care subsidies under this section
11to identify available child care providers and select appropriate child care
12arrangements.
AB75-SSA1,576,1513 (e) At intervals, or as otherwise required by the department, review and
14redetermine the financial and nonfinancial eligibility of individuals receiving child
15care subsidies under this section.
AB75-SSA1, s. 1212m 16Section 1212m. 49.155 (3g) of the statutes is created to read:
AB75-SSA1,576,1817 49.155 (3g) Child care administration in certain counties. In a county having
18a population of 500,000 or more all of the following apply:
AB75-SSA1,576,2019 (a) The department may contract with the Milwaukee County enrollment
20services unit, as provided in s. 49.825 (2) (b), to do any of the following:
AB75-SSA1,576,2221 1. Determine the eligibility of individuals for a child care subsidy under this
22section.
AB75-SSA1,576,2323 2. Determine an individual's liability for copayments under sub. (5).
AB75-SSA1,576,2524 3. Determine and authorize the amount of child care for which an individual
25may receive a subsidy.
AB75-SSA1,577,3
14. At intervals, or as otherwise required by the department, review and
2redetermine the financial and nonfinancial eligibility of individuals receiving child
3care subsidies under this section.
AB75-SSA1,577,64 (b) The department may establish a child care provider services unit, as
5provided in s. 49.826, to perform the provider services functions specified in s. 49.826
6(2) (a).
AB75-SSA1, s. 1213 7Section 1213. 49.155 (3m) (b) of the statutes is repealed and recreated to read:
AB75-SSA1,577,138 49.155 (3m) (b) 1. Subject to subds. 2. and 3., the department shall, to the
9extent practicable, allocate funds to a contract entered into under sub. (1m) for the
10administration of the program under sub. (3) in the same proportion as the
11geographic region's or Indian tribal unit's proportionate share of all statewide
12subsidy authorizations and eligibility redeterminations under sub. (3) (e) in the
1312-month period before the start of the contract period.
AB75-SSA1,577,1514 2. The department shall allocate to each contract at least $20,000 per year for
15the administrative responsibilities for each geographic region or Indian tribal unit.
AB75-SSA1,577,2016 3. If the department renews a contract for a subsequent year, the department
17shall allocate to the contract not less than 95 percent of the amount allocated to the
18contract in the previous year, unless the geographic region or Indian tribal unit is not
19comparable or total funding available for all contracts is lower than the total amount
20available in the previous year.
AB75-SSA1,577,2421 4. Within any contract period, the department may redistribute unexpended
22contract balances for a county department or agency to another county department
23or agency that reports expenditures in excess of their original contract total for the
24period.
AB75-SSA1, s. 1213f 25Section 1213f. 49.155 (3m) (e) of the statutes is created to read:
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