AB75: Bill Text

AB75, s. 1184 Section 1184. 49.149 (4) of the statutes is repealed.

AB75, s. 1185 Section 1185. 49.151 (1) (intro.) of the statutes is amended to read:

AB75,619,20 49.151 (1) Refusal to participate. (intro.) A participant who refuses to participate 3 times, as determined under guidelines promulgated under s. 49.1515, in any Wisconsin works Works employment position component is ineligible to participate in that component the Wisconsin Works program for 3 months. A participant is also ineligible to participate in that the Wisconsin works employment position component Works program if an individual in the participant's Wisconsin works Works group is subject to the work requirement under s. 49.15 (2) and refuses 3 times to participate as required. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant or an individual who is subject to the work requirement under s. 49.15 (2) demonstrates a refusal to participate if any of the following applies:

AB75, s. 1186 Section 1186. 49.151 (1) (b) of the statutes is amended to read:

AB75,620,3 49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin works Works group and who is subject to the work requirement under s. 49.15 (2), fails, without good cause, as determined by the Wisconsin works Works agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e. 1m. to 4., without good cause, as determined by the Wisconsin works Works agency.

AB75, s. 1187 Section 1187. 49.1515 of the statutes is created to read:

AB75,620,9 49.1515 Determining nonparticipation without good cause. (1) Guidelines by rule. The department shall by rule specify guidelines for determining when a participant, or individual in the participant's Wisconsin Works group, who engages in a behavior specified in s. 49.151 (1) (a), (b), (c), (d), or (e) is demonstrating a refusal to participate.

AB75,620,12 (2) Actions before determination. Before determining under s. 49.151 that a participant is ineligible to participate in the Wisconsin Works program, the Wisconsin Works agency shall do all of the following:

AB75,620,15 (a) Determine whether the failure of the participant or individual to participate is because the participant or individual refuses to participate or is unable to participate.

AB75,620,17 (b) Ensure that the services offered to the participant or individual are appropriate for him or her.

AB75,620,18 (c) Determine whether good cause exists for the failure to participate.

AB75,620,25 (3) Conciliation period for compliance. (a) If a Wisconsin Works agency, in accordance with rules promulgated under sub. (1) and after taking the steps required under sub. (2), determines that a participant or individual has refused to participate without good cause, the Wisconsin Works agency shall allow the participant or individual a conciliation period during which he or she must participate in all assigned activities unless good cause exists that prevents compliance during the conciliation period.

AB75,621,2 (b) The department shall by rule establish the length of time for a conciliation period.

AB75, s. 1188 Section 1188. 49.153 (1) (a) of the statutes is renumbered 49.153 (1) (bm) and amended to read:

AB75,621,7 49.153 (1) (bm) Provide After providing the explanation under par. (am), provide to the participant written notice of the proposed action and of the reasons for the proposed action.

AB75, s. 1189 Section 1189. 49.153 (1) (b) of the statutes is renumbered 49.153 (1) (am) and amended to read:

AB75,621,13 49.153 (1) (am) After providing written notice, explain Explain to the participant orally in person or by phone, or make reasonable attempts to explain to the participant orally in person or by phone, the proposed action and the reasons for the proposed action.

AB75, s. 1190 Section 1190. 49.153 (1) (c) of the statutes is amended to read:

AB75,621,19 49.153 (1) (c) After providing the notice under par. (a) and the explanation or the attempts to provide an explanation under par. (b), (am) and the notice under par. (bm), if the participant has not already been afforded a conciliation period under s. 49.1515 (3) allow the participant a reasonable time to rectify the deficiency, failure, or other behavior to avoid the proposed action.

AB75, s. 1191 Section 1191. 49.155 (1) (ah) of the statutes is created to read:

AB75,621,23 49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23 or a Wisconsin Works agency, child care resource and referral agency, or other agency.

AB75, s. 1192 Section 1192. 49.155 (1) (c) of the statutes is amended to read:

AB75,622,3 49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian, or a person acting in the place of a parent.

AB75, s. 1193 Section 1193. 49.155 (1g) (intro.) and (a) (intro.) of the statutes are consolidated, renumbered 49.155 (1g) (intro.) and amended to read:

AB75,622,13 49.155 (1g) Distribution of funds Child care allocations. (intro.) 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: (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. 20.437 (2) (cm), (kx), (mc), and (md), the department shall allocate and distribute allocate funding in each fiscal year for all of the following:

AB75, s. 1194 Section 1194. 49.155 (1g) (a) 1. of the statutes is renumbered 49.155 (1g) (ac).

AB75, s. 1195 Section 1195. 49.155 (1g) (a) 2. of the statutes is renumbered 49.155 (1g) (bc).

AB75, s. 1196 Section 1196. 49.155 (1g) (a) 3. of the statutes is renumbered 49.155 (1g) (c) and amended to read:

AB75,622,20 49.155 (1g) (c) A transfer to the appropriation account under s. 20.437 (1) (kx) for child Child care licensing activities, in the amount of at least $4,800,600 $4,985,360 per fiscal year.

AB75, s. 1197 Section 1197. 49.155 (1g) (a) 4. of the statutes is renumbered 49.155 (1g) (d).

AB75, s. 1198 Section 1198. 49.155 (1g) (a) 5. of the statutes is renumbered 49.155 (1g) (e).

AB75, s. 1199 Section 1199. 49.155 (1g) (a) 6. of the statutes is renumbered 49.155 (1g) (f).

AB75, s. 1200 Section 1200. 49.155 (1g) (b) of the statutes is repealed.

AB75, s. 1201 Section 1201. 49.155 (1m) (intro.) of the statutes is amended to read:

AB75,623,7 49.155 (1m) Eligibility. (intro.) A Wisconsin works agency shall determine eligibility for a The department shall contract with a county department or agency to determine the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidy subsidies 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:

AB75, s. 1202 Section 1202. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB75,623,15 49.155 (1m) (a) (intro.) The individual is a parent of a child who meets the requirement under s. 49.145 (2) (c) and who is under the age of 13 or, if the child is disabled, is under the age of 19; or is a person relative who, under s. 48.57 (3m) or (3n) 48.62, is providing care and maintenance for a child who meets the requirement under s. 49.145 (2) (c) and 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:

AB75, s. 1203 Section 1203. 49.155 (1m) (a) 1. of the statutes is amended to read:

AB75,623,18 49.155 (1m) (a) 1. Meet the Attend school attendance requirement under s. 49.26 (1) (ge).

AB75, s. 1204 Section 1204. 49.155 (1m) (a) 1m. (intro.) of the statutes is amended to read:

AB75,623,25 49.155 (1m) (a) 1m. (intro.) Obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 (1) (ge) enrolled in school and at least one of the following conditions is met:

AB75, s. 1205 Section 1205. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

AB75,624,7 49.155 (1m) (a) 1m. b. The individual has not yet attained the age of 18 years and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or with a long-term kinship care relative under s. 48.57 (3n) or is in a foster home or treatment foster home licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5), a group home, or an independent living arrangement supervised by an adult.

AB75, s. 1206 Section 1206 . 49.155 (1m) (bm) of the statutes is amended to read:

AB75,624,12 49.155 (1m) (bm) If the individual is providing care for a child under a court order and is receiving payments on behalf of the child under s. 48.57 (3m) or (3n) or 48.62 (5), or if the individual is a foster parent or treatment foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).

AB75, s. 1207 Section 1207. 49.155 (1m) (c) 1. (intro.) of the statutes is amended to read:

AB75,624,24 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 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 county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the Wisconsin works agency county department or agency determining eligibility shall include the sum of the following:

AB75, s. 1208 Section 1208 . 49.155 (1m) (c) 1. (intro.) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75,625,12 49.155 (1m) (c) 1. (intro.) Except as provided in subds. 1g., 1h., 1m., 2., and 3., the gross income of the individual's family is at or below 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 county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual and income described under s. 49.145 (3) (b) 1. and 3., except that, in calculating farm and self-employment income, the county department or agency determining eligibility shall include the sum of the following:

AB75, s. 1209 Section 1209 . 49.155 (1m) (c) 1g. of the statutes is amended to read:

AB75,625,20 49.155 (1m) (c) 1g. If the individual is a foster parent of the child or a subsidized guardian or interim caretaker of the child under s. 48.62 (5), the child's biological or adoptive family 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 county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual and income described under s. 49.145 (3) (b) 1. and 3.

AB75, s. 1210 Section 1210 . 49.155 (1m) (c) 1h. of the statutes is amended to read:

AB75,626,4 49.155 (1m) (c) 1h. If 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) or (3n) on behalf of the child, the child's biological or adoptive family 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 county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual and income described under s. 49.145 (3) (b) 1. and 3.

AB75, s. 1211 Section 1211. 49.155 (1m) (c) 1h. of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed.

AB75, s. 1212 Section 1212. 49.155 (3) of the statutes is repealed and recreated to read:

AB75,626,13 49.155 (3) Child care local administration. The county department or agency with which the department contracts under sub. (1m) to determine eligibility in a particular geographic region or for a particular Indian tribal unit shall administer child care assistance in that geographic region or for that tribal unit. In administering child care assistance under this section, the county department or agency shall do all of the following:

AB75,626,14 (a) Determine an individual's liability for copayments under sub. (5).

AB75,626,16 (b) Determine and authorize the amount of child care for which an individual may receive a subsidy.

AB75,626,19 (c) Annually perform a survey of market child care rates, as directed by the department, and determine maximum reimbursement rates, if the department so directs.

AB75,626,22 (d) Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.

AB75,626,25 (e) At intervals, or as otherwise required by the department, review and redetermine the financial and nonfinancial eligibility of individuals receiving child care subsidies under this section.

AB75, s. 1213 Section 1213. 49.155 (3m) (b) of the statutes is repealed and recreated to read:

AB75,627,7 49.155 (3m) (b) 1. Subject to subds. 2. and 3., the department shall, to the extent practicable, allocate funds to a contract entered into under sub. (1m) for the administration of the program under sub. (3) in the same proportion as the geographic region's or Indian tribal unit's proportionate share of all statewide subsidy authorizations and eligibility redeterminations under sub. (3) (e) in the 12-month period before the start of the contract period.

AB75,627,9 2. The department shall allocate to each contract at least $20,000 per year for the administrative responsibilities for each geographic region or Indian tribal unit.

AB75,627,14 3. If the department renews a contract for a subsequent year, the department shall allocate to the contract not less than 95 percent of the amount allocated to the contract in the previous year, unless the geographic region or Indian tribal unit is not comparable or total funding available for all contracts is lower than the total amount available in the previous year.

AB75,627,18 4. Within any contract period, the department may redistribute unexpended contract balances for a county department or agency to another county department or agency that reports expenditures in excess of their original contract total for the period.

AB75, s. 1214 Section 1214. 49.155 (6) (e) of the statutes is created to read:

AB75,627,21 49.155 (6) (e) The department may not increase the maximum reimbursement rates for child care providers in 2009, 2010, or 2011.

AB75, s. 1215 Section 1215. 49.155 (8) of the statutes is created to read:

AB75,627,24 49.155 (8) Cost-saving measures. (a) The department may do any of the following:

AB75,628,2 1. Increase copayments specified in the schedule under sub. (5) by up to 10 percent, excluding any increases for cost-of-living adjustments.

AB75,628,4 3. Implement a waiting list for the receipt of a child care subsidy under this section.

AB75,628,6 (b) The department shall implement, effective January 1, 2010, an attendance-based rate structure for reimbursement of child care providers.

AB75, s. 1216 Section 1216. 49.159 (4) of the statutes is amended to read:

AB75,628,12 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.

AB75, s. 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:

AB75,628,24 253.06 (2) Use of funds. From the appropriation under s. 20.437 (2) 20.435 (5) (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.

AB75,629,12 (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).

AB75, s. 1218 Section 1218. 49.171 of the statutes is renumbered 46.75, and 46.75 (2) (a), as renumbered, is amended to read:

AB75,629,18 46.75 (2) (a) From the appropriation under s. 20.437 (2) 20.435 (5) (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.

AB75, s. 1219 Section 1219. 49.1715 of the statutes is renumbered 46.77 and amended to read:

AB75,630,2 46.77 Food distribution administration. From the appropriation under s. 20.437 (2) 20.435 (5) (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.

AB75, s. 1220 Section 1220. 49.172 (title) of the statutes is renumbered 49.76 (title).

AB75, s. 1221 Section 1221. 49.172 (intro.) of the statutes is renumbered 49.76 (intro.).