This process does not apply, however, to a dispute over economic issues
involving a collective bargaining unit consisting of school district professional
employees if WERC determines, subsequent to an investigation, that the employer
has submitted a qualified economic offer (QEO). A QEO consists of a proposal to
maintain the percentage contribution by the employer to the employees' existing
fringe benefit costs and the employees' existing fringe benefits and to provide for an
annual average salary increase having a cost to the employer at least equal to 2.1
percent of the existing total compensation and fringe benefit costs for the employees
in the collective bargaining unit plus any fringe benefit savings. Fringe benefit
savings is that amount, if any, by which 1.7 percent of the total compensation and
fringe benefit costs for all municipal employees in a collective bargaining unit for any
12-month period covered by a proposed collective bargaining agreement exceeds the
increased cost required to maintain the percentage contribution by the municipal
employer to the municipal employees' existing fringe benefit costs and to maintain
all fringe benefits provided to the municipal employees. This bill eliminates the QEO
exception from the compulsory, final, and binding arbitration process.
Under current law, school district professional employees must be placed in a
collective bargaining unit that is separate from the units of other school district
employees. This bill eliminates this requirement.
Current law also provides that, in reaching a decision, the arbitrator must give
weight to many factors, including the authority of the municipal employer; the
interests and welfare of the public and the ability of the unit of government to meet
the costs of the proposed agreement; comparison of wages, hours, and conditions of
employment with those of other employees; the cost of living; and other similar
factors. But, under current law, the arbitrator must give greater weight to economic
conditions in the jurisdiction of the employer and the greatest weight to any state law
or directive that places expenditure or revenue limitations on an employer. This bill
eliminates the requirement for the arbitrator to give any weight to economic
conditions in the jurisdiction of the employer or to any state law or directive that
places expenditure or revenue limitations on an employer if the decision involves a
collective bargaining unit comprised of school district employees.
Finally, the bill eliminates a 3.8 percent cap imposed on salary and fringe
benefit annual cost increases for all nonrepresented professional school district
employees.
Under current law, faculty and academic staff of the UW System do not have
collective bargaining rights under the State Employment Labor Relations Act
(SELRA). This bill provides all UW System academic staff and all faculty, including
specifically faculty who are supervisors or managers, with the right to collectively
bargain over wages, hours, and conditions of employment. Collective bargaining
units for faculty are structured with one unit for UW-Madison, one unit for
UW-Milwaukee, and one unit for all of the other UW System campuses. Collective
bargaining units for academic staff are structured similarly, with one unit for
UW-Madison, one for UW-Milwaukee, and one for all of the other UW System
campuses. The bill also provides that, if the employees approve, two or more units
for faculty may be combined into a single unit and two or more units for academic
staff may be combined into a single unit. Representatives for each unit are chosen
by election.
Unfair labor practices for UW System academic staff and faculty collective
bargaining are generally the same as those under SELRA, except that the bill
specifically provides that it is not an unfair labor practice for the Board of Regents
of the UW System to implement changes in salaries or conditions of employment for
members of the faculty or academic staff at one UW institution and not for such
persons at other UW institutions if certain conditions are met. The bill specifically
authorizes fair-share and maintenance of membership agreements for UW
academic staff and faculty collective bargaining, as is the case under SELRA. The
bill also prohibits strikes.
Under the bill, the subjects of collective bargaining are the same as under
SELRA, except that collective bargaining is prohibited on the mission and goals of
the Board of Regents; the diminution of the right of tenure provided faculty; the
rights granted faculty and academic staff under current law; and academic freedom.
Finally, under the bill, collective bargaining agreements covering UW faculty and
academic staff must be approved by the Joint Committee on Employment Relations
and adopted by the legislature.
Under the current prevailing wage law, certain laborers, workers, mechanics,
and truck drivers employed on a state or local project of public works must be paid
at the rate paid for a majority of the hours worked in the person's trade or occupation
in the county in which the project is located and may not be required or permitted
to work more than ten hours per day or 40 hours per week, unless they are paid 1.5
times their basic rate of pay (overtime pay) for all hours worked in excess of those
prevailing hours of labor. Currently, the prevailing wage law does not apply to a
multiple-trade public works project whose estimated cost of completion is less than
$234,000 or to a single-trade public works project whose estimated cost of completion
is less than $48,000. DWD adjusts those amounts annually based on changes in
construction costs.
This bill requires all laborers, workers, mechanics, and truck drivers employed
on a publicly funded private construction project to be paid not less than the
prevailing wage rate and to be paid overtime pay for all hours worked in excess of the
prevailing hours of labor. The bill defines a "publicly funded private construction
project" as a construction project that receives any grant, cooperative agreement,
loan, contract, or any other financial assistance from a local governmental unit.
The bill also sets the threshold for applicability of the prevailing wage law at
an estimated cost of project completion of $2,000, regardless of whether the project
is a single-trade project or a multiple-trade project, and eliminates the authority of
DWD to adjust that threshold.
Current law requires each contractor, subcontractor, and agent performing
work on a project that is subject to the prevailing wage law to keep records indicating
the name and trade or occupation of every person performing work that is subject to
the prevailing wage law and an accurate record of the number of hours worked by
each of those persons and the actual wages paid for those hours worked. This bill
requires a contractor, subcontractor, or agent performing work on a project that is
subject to the prevailing wage law to submit, on a weekly basis, a certified record of
that information for the preceding week to the local governmental unit, state agency,
or private owner or developer authorizing the work.
Under current law, DWD must, on request, inspect the payroll records of any
contractor, subcontractor, or agent performing work on a project that is subject to the
prevailing wage law to ensure compliance with that law. If the contractor,
subcontractor, or agent is found to be in compliance with that law, DWD must charge
the requester for the cost of the inspection. This bill requires DWD to charge a
requester for the cost of such inspection only if the request was made in bad faith,
solely for the purpose of harassing or maliciously injuring the contractor,
subcontractor, or agent; or if the requester knew, or should have known, that there
was no reasonable basis for believing that a violation of the prevailing wage law had
been committed.
Under current law, when DWD receives a complaint alleging discrimination in
employment, housing, or the equal enjoyment of a public place of accommodation; a
complaint alleging a violation of the family and medical leave law; a complaint
alleging retaliation for disclosing information demonstrating mismanagement or
abuse of authority in state or local government (commonly referred to as "the
whistleblower law"); or a complaint alleging discrimination for exercising any right
relating to public employee occupational safety and health, DWD must investigate
the complaint to determine whether there is probable cause to believe that a violation
occurred. Under current DWD rules, if DWD finds no probable cause, the
complainant may request a hearing on the issue of probable cause before a hearing
examiner.
This bill eliminates the right to a hearing on the issue of probable cause and
instead provides that the finding of no probable cause may be appealed to the circuit
court.
Under current worker's compensation law, when death results from an injury
sustained by an employee while performing services growing out of and incidental
to employment, the employee's dependents, including a spouse who is living with the
employee at the time of death, are entitled to a death benefit. This bill extends death
benefits under the worker's compensation law to a domestic partner of a deceased
employee who is living with the deceased employee at the time of death.
Under current law, an employee of an employer employing 50 or more
individuals on a permanent basis may take up to six weeks of family leave in a
12-month period to care for a child, spouse, or parent of the employee, or the parent
of the spouse of the employee, who has a serious health condition. This bill permits
such an employee to take family leave to care for a domestic partner, or the parent
of a domestic partner, who has a serious health condition.
Under current law, if an employee to whom wages are due dies, the employer
must, upon demand, pay the wages to the spouse, children, or other dependent living
with the employee at the time of death. This bill requires an employer of a deceased
employee to whom wages are due to pay the wages to the domestic partner of the
deceased employee.
Under current law, DOJ must defend claims against the work injury
supplemental benefit (WISB) fund, which is used to pay supplemental worker's
compensation to employees with permanent total disability, additional death
benefits to the children of a deceased employee, additional worker's compensation
to an employee with permanent partial disability who incurs further permanent
disability, and worker's compensation when there is no adequate remedy for an
otherwise meritorious claim. DOJ must also prosecute claims for payment into the
WISB fund against an employer when an injury results in death or in the loss or total
impairment of a limb or eye or when a minor is injured while working without a work
permit or in prohibited employment. This bill permits DWD to retain DOA or an
insurance service organization, in addition to DOJ, to prosecute or defend claims for
payment into or out of the WISB fund, except that DOJ must continue to appear on
behalf of the state in administrative hearings or court proceedings on such claims.
Currently, DWD operates an employment service, funded with federal revenue,
that assists unemployed individuals in finding suitable employment. This bill
permits the employment service program to be funded, in addition, from special
federal grants that would otherwise be available to finance unemployment
insurance (UI) benefits. The change potentially increases the liability of employers
to finance UI benefits through contributions (taxes).
Environment
Water use
Under current law, DNR conducts activities related to the withdrawal and use
of water in this state, including activities to implement the Great Lakes Water
Resources Compact.
Beginning in 2011, this bill establishes three fees that DNR may use for
activities related to water use, including activities to implement the compact. The
first is an annual fee of $125, subject to modification by DNR by rule, to be paid by
a person with a water supply system with the capacity to withdraw 100,000 gallons
or more per day. The second fee is imposed on a person who withdraws more than
50,000,000 gallons of water from the Great Lakes basin in a year. DNR specifies the
amount of this fee by rule. The third is a $5,000 fee that must be paid by a person
applying for approval to divert water out of the Great Lakes basin.
Water quality
Under the Clean Water Fund Program, the state makes loans at subsidized
interest rates for projects that control water pollution. This bill changes the interest
rate for projects that are necessary to prevent a municipality from exceeding a
pollution limit in its wastewater discharge permit from 55 percent of the market
interest rate to 70 percent of the market interest rate.
This bill sets the present value of the Clean Water Fund Program subsidies that
may be provided during the 2009-11 fiscal biennium at $114,800,000. The bill also
increases the revenue bonding authority for the Clean Water Fund Program by
$418,800,000. In addition, the bill increases the general obligation bonding
authority for the Clean Water Fund Program by $76,500,000, except that this
increase does not take effect in fiscal years 2009-10 and 2010-11 unless DOA first
takes into account certain funds received from the federal government.
Under the Safe Drinking Water Loan Program, this state makes loans at a
subsidized rate to local governmental units for projects to construct or modify public
water systems. This bill sets the present value of the Safe Drinking Water Loan
Program subsidies that may be provided during the 2009-11 fiscal biennium at
$17,600,000. The bill also increases the general obligation bonding authority for the
Safe Drinking Water Loan Program by $9,400,000.
Under current law, DNR provides financial assistance for projects that reduce
water pollution from nonpoint (diffuse) sources. Local governmental units annually
apply for cost-sharing grants from DNR for new nonpoint source projects. A project
qualifies for funding only if it is in an area that is targeted due to water quality
problems. DNR annually ranks all of the eligible applications based on specified
criteria and then selects projects to receive cost-sharing grants. This process is
referred to as the targeted runoff management grant process. This bill increases the
authorized general obligation bonding authority for targeted runoff management
grants by $7,000,000.
Current law also authorizes DNR to award a cost-sharing grant, outside of the
targeted runoff management grant process, to a local governmental unit for animal
waste management at a livestock operation for which DNR has issued a notice of
discharge if DNR determines that awarding a grant outside of that process is
necessary to protect fish and aquatic life. This bill broadens that authority by also
covering livestock operations for which DNR has issued a notice of intent to issue a
notice of discharge and allowing DNR to award a grant to a local governmental unit
if DNR determines that it is necessary to protect the waters of the state. The bill also
authorizes DNR to award a cost-sharing grant directly to the owner or operator of
a livestock operation under the same circumstances.
Under current law, DNR provides financial assistance for the management of
urban storm water runoff and for flood control and riparian restoration projects.
This bill increases the general obligation bonding authority for these purposes by
$6,000,000.
Current federal law authorizes the Environmental Protection Agency (EPA) to
carry out projects to clean up contaminated sediment in the Great Lakes and
tributaries of the Great Lakes. The federal law requires that a portion of the funding
for a project be provided from a source other than the federal government. Current
state law authorizes DNR to pay a portion of the costs of such a project if EPA
provides federal funds for the project. The law provides $17,000,000 in bond
authority, to be repaid from the environmental fund, for this purpose.
This bill authorizes DNR to pay a portion of the costs of a project to remove
contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake
Michigan or Lake Superior if the project is in a water body that DNR has identified
as being impaired and the impairment is caused by contaminated sediment, without
regard to whether EPA provided funds for the project. The bill also increases the
bonding authority for sediment removal projects by $5,000,000.
Under current law, a person who discharges certain pollutants into the waters
of this state must hold a permit issued by DNR. Current law also provides that,
instead of issuing a separate permit for a discharge from an individual point source,
DNR may issue a general permit, applicable to a designated area of the state,
authorizing discharges from specified categories or classes of point sources located
within that area.
This bill authorizes DNR to issue a general permit authorizing a vessel that is
79 feet or greater in length to discharge ballast water into the waters of this state and
authorizes DNR to charge specified fees for applying for and maintaining coverage
under the permit.
Current law requires a person who plans to construct a well other than a high
capacity well to notify DNR of the location of the well before construction begins and
to pay a notification fee of $50. This bill authorizes DNR to appoint agents to process
well notifications and collect the fees. The bill requires a person making a well
notification to pay a processing fee of 50 cents and authorizes the agent to retain the
fee.
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce (Commerce) administers
PECFA, a program to reimburse owners of certain petroleum product storage tanks
for a portion of the costs of cleaning up discharges from those tanks. Under this bill,
the owner of a petroleum product storage tank is not eligible for reimbursement
under PECFA unless the owner notifies Commerce about the discharge before
January 1, 2012.
This bill authorizes Commerce to contract with a person who removes
underground petroleum storage tanks to remove an abandoned underground
petroleum product storage tank if Commerce determines that the owner of the tank
is unable to pay to have the tank removed.
Under current law, DNR administers the Dry Cleaner Environmental
Response Program (DERP), under which DNR reimburses a portion of the costs of
cleaning up discharges of dry cleaning solvents. DERP is funded from the segregated
dry cleaner environmental response fund (DERF), which consists primarily of fees
paid by dry cleaners.
This bill authorizes the transfer of money from the environmental
improvement fund (which funds the Clean Water Fund Program, the Safe Drinking
Water Loan Program, and the Land Recycling Loan Program) to DERF if the amount
in DERF is insufficient to provide reimbursement under DERP. Any transfer must
be repaid with interest. The bill requires the secretary of administration and the
secretary of natural resources to enter into an agreement specifying the terms and
conditions of the transfer and provides that the transfer may not exceed $6,200,000.
Under the Land Recycling Loan Program, this state makes subsidized loans to
muncipalities and counties for projects to remedy environmental contamination at
sites owned by the municipalities and counties where the environmental
contamination has affected, or threatens to affect, groundwater or surface water.
Current law limits the total amount that may be expended for this program to
$20,000,000. This bill reduces the amount that may be expended for the program by
the amount of any transfer from the environmental improvement fund to DERF.
This bill sets the present value of the Land Recycling Loan Program subsidies
that may be provided during the 2009-11 fiscal biennium at $2,700,000. Current law
provides that, in any fiscal biennium, an eligible applicant may not receive more than
25 percent of the present value of the subsidies established for that biennium. This
bill eliminates this funding cap.
Under current law, generators of hazardous waste generally must pay an
annual environmental repair fee consisting of a base fee plus $20 per ton of waste
with a maximum of $17,000. This bill increases the base fee from $210 to $350 for
generators of small quantities of hazardous waste and $470 for generators of large
quantities of hazardous waste and increases the maximum fee to $17,500. Current
law specifies that the environmental repair fee may not be assessed for certain
wastes, including wastes that are recovered for recycling or reuse. This bill provides
that it is the per ton fee, not the base fee, that may not be assessed for those wastes.
Current law authorizes DNR to take actions to prevent or remedy
environmental contamination in specified circumstances. In some cases the law
requires the person responsible for the contamination to reimburse DNR for the costs
that it incurs in taking these actions. This bill provides that when DNR authorizes
reimbursement for the costs of these actions to be paid over time, DNR must require
monthly payments of interest on the outstanding balance of the reimbursement.
Air quality
Currently, EPA delegates to DNR the authority to administer the federal Clean
Air Act in this state. The Clean Air Act requires persons who operate certain
stationary sources of air pollution, such as large factories, to have federal operation
permits. State law requires persons who operate certain other stationary sources of
air pollution to have state operation permits. Generally, current law requires a
person who has either kind of operation permit to pay an annual fee of $35.71 per ton
of certain pollutants emitted, subject to a cap.
This bill changes the annual fees that must be paid by persons who are required
to have state operation permits. Under the bill, the annual fee is generally $775. The
fee for some operation permits that contain limits to prevent a source from being
required to have a federal operation permit is $3,475.
This bill eliminates the annual fee of $300 on the operator of a stationary source
of air pollution who is not required to have an operation permit but whose stationary
source emits more than three tons of certain air pollutants in a year.
Current law requires DNR to specify a term of not more than five years for most
air pollution operation permits, but the law generally prohibits DNR from specifying
an expiration date for certain simplified permits. This bill authorizes DNR to specify
a term of more than five years, or an unlimited term, for a state operation permit,
other than a simplified permit.
Current law authorizes DNR to establish fees for inspecting nonresidential
asbestos demolition and renovation projects. The fees may not exceed $400 for
projects up to a specified size or, for larger projects, $750. This bill increases the
maximum fees to $700 and $1,325 respectively.
The bill also authorizes DNR to charge additional fees for reviewing a revised
asbestos abatement, for inspecting property to be used for a community fire safety
training project, and for inspecting property for a project for which the property
owner failed to provide a required asbestos abatement notice to DNR before the
project was initiated.
Recycling
Under current law, DNR provides financial assistance to certain governmental
units and solid waste management systems (responsible units) that have solid waste
programs that DNR determines are effective recycling programs. A solid waste
program qualifies as an effective recycling program if it meets certain requirements,
including a requirement that the occupants of certain buildings in the region
separate recyclables from postconsumer waste (the materials separation
requirement). The solid waste program must also include a system for collecting
such materials from single-family residences in the region (the collection system
requirement). Current law also authorizes DNR to grant limited variances, under
which a responsible unit is exempt from certain requirements.
This bill authorizes DNR to grant certain additional variances to a responsible
unit. The bill provides that DNR must grant a variance with regard to the materials
separation requirement, as it applies to single-family residences and buildings
containing not more than four dwelling units, if at least 80 percent of those
residences and buildings comply with the materials separation requirement. The
bill also provides that if DNR requires a solid waste management program to provide
single-family residences and buildings containing not more than four dwelling units
with at least monthly curbside collection of recyclables, DNR must grant a variance
if the responsible unit provides at least monthly curbside collection of such materials
to at least 80 percent of these residences and buildings in the region.
Under current law, DNR awards grants to responsible units to improve the
efficiency of local recycling programs. Under current law, DNR also awards grants
to public or private entities to pay a portion of the costs of innovative projects for
recycling or reducing the amount of solid waste that is generated. This bill
eliminates both types of grants.
Other environment
Current law imposes several fees, often called tipping fees, that are based on
the weight of solid waste disposed of at a landfill or other waste disposal facility.
Currently, the environmental repair tipping fee is $1.60 per ton of solid waste, other
than mining waste and certain kinds of high-volume industrial waste. This bill
increases the environmental repair tipping fee to $5 per ton.
Currently, the recycling tipping fee is $4 per ton of solid waste, other than
certain kinds of high-volume industrial waste. This bill increases the recycling
tipping fee to $5 per ton.
In addition, this bill changes the funding source for making the principal and
interest payments on bonds issued by this state for certain water pollution
abatement purposes from the general fund to the environmental fund.
Current law requires a person to pay DOT an environmental impact fee of $9
upon registering a new motor vehicle, other than a neighborhood electric vehicle, or
upon applying for a new certificate of title following the transfer of a vehicle. The fee
expires on December 31, 2009. This bill eliminates the expiration date for the
environmental impact fee.
Health and human services
Public assistance
Under current law, DHS provides relief block grant moneys to counties and
tribal governing bodies for providing health care services, as well as cash assistance,
(also known as "general relief") to persons who meet the criteria for dependency. This
bill eliminates the relief block grant program.
Under current law, DHS provides benefits under the food stamp program to
qualified aliens. This bill eliminates the provision of food stamp benefits to qualified
aliens.
Under current law, DOA provides heating assistance benefits to eligible
households. One type of eligible household is a household that is entirely composed
of persons receiving food stamps. This bill adds as an eligible household a household
that includes at least one person who is eligible for food stamps and specifies that
such an eligible household may not receive more than $1 in heating assistance
benefits per year.
Under current law, DCF may spend no more than the minimum amount
required under the federal law that provides federal Child Care Development Funds
(CCDF). DCF allocates CCDF for a number of purposes related to child care licensing
and child care programs administered by DCF. This bill eliminates the requirement
that DCF spend no more than the minimum amount required under federal law for
its child care licensing activities and child care programs.
Under current law, DCF allocates specified amounts of federal moneys,
including CCDF and moneys received under the Temporary Assistance for Needy
Families (TANF) block grant program, for various public assistance programs and
for child care-related purposes, including its day care licensing activities. The bill
modifies some of those allocations. The bill also adds an allocation for public
assistance program fraud and error reduction activities and removes an allocation
for the Milwaukee and statewide child welfare information systems.
Under current law, DHS must conduct a three-year pilot program under which
it pays premiums for coverage under the Health Insurance Risk-Sharing Plan
(HIRSP) and copayments under HIRSP for drugs eligible for reimbursement under
the AZT-reimbursement program. HIRSP is, generally, a health insurance program
administered by the HIRSP Authority that provides major medical health insurance
coverage for persons who are covered under Medicare because they are disabled,
persons who have tested positive for HIV, and persons who have been refused
coverage, or coverage at an affordable price, in the private health insurance market
because of their mental or physical health conditions. This bill makes this pilot
program permanent.
Under current law, DHS pays supplemental monthly payments for the support
of dependent children to custodial parents who are receiving federal supplemental
security income. The Wisconsin Works (W-2) program, administered by DCF,
generally provides work experience and benefits for low-income custodial parents
who are at least 18 years old. One eligibility requirement for the receipt of the state
supplemental payments or for W-2 is that the custodial parent assign to the state
any right he or she has to support from any other person. Of the support that is
assigned to the state, a portion is the state's share and a portion is the federal
government's share. Currently, all of the state's share is paid to the custodial parent,
and a portion of the federal government's share is paid to the custodial parent in
accordance with federal law.
This bill changes the amount of support collected that is paid to the custodial
parent to 75 percent of all support collected, including both the state and federal
shares. The bill also provides that, for determining eligibility for the supplemental
payments for the support of dependent children, DHS must disregard any support
that is received by or that is owed to the custodial parent. In addition, for a custodial
parent who formerly received supplemental payments for the support of dependent
children or participated in W-2 and assigned his or her right to support to the state
but who is no longer receiving those supplemental payments or participating in W-2,
the bill requires that 100 percent of the state's share and the federal government's
share of support arrears that accrued while the custodial parent was receiving those
supplemental payments or participating in W-2 and that are collected after the
custodial parent ceased receiving the payments be paid to the custodial parent.
Currently, the state administers the Emergency Food Assistance Program and
the Special Supplemental Nutrition Program for Women, Infants, and Children to
provide food and information about nutrition to low-income people. This bill
transfers the responsibilities for administering these programs and for developing
a hunger prevention plan from DCF to DHS.
Current law requires, DHS to deliver food stamp benefits by means of an
electronic benefit transfer system. This bill authorizes DHS to deliver any benefits
that DHS administers by means of an electronic benefit transfer system if DHS
obtains any necessary federal approval for using an electronic benefit transfer
system; promulgates a rule adopting an electronic benefits transfer system; and
allows county and tribal governments to opt out of the electronic benefit transfer
system if the cost to the county and tribal governments of delivering benefits
electronically is greater than delivering benefits by other means.
Wisconsin Works
Under current law, a person who meets the eligibility requirements for W-2 and
who is the custodial parent of a child who is 12 weeks old or less may receive a
monthly grant of $673 and may not be required to work in a W-2 employment
position. Current law also provides generally that receiving a monthly grant as the
custodial parent of an infant counts toward the time limits that apply to how long an
individual may receive certain benefits only if the child was born more than ten
months after the date on which the individual was first determined to be eligible for
W-2.
This bill provides that if a person who is a custodial parent was participating
in W-2 for at least three months before receiving a custodial parent grant, the person
may receive the grant until the child is 26 weeks old instead of 12 weeks old and may
not be required to work in a W-2 employment position during that time.
Additionally, the bill provides that an unmarried woman who would be eligible for
W-2 except that she is not a custodial parent and who is in the third trimester of a
pregnancy that is at risk and that renders the woman unable to participate in the
workforce may also receive a monthly grant of $673 and may not be required to work
in a W-2 employment position. The bill provides that receiving a monthly grant as
the custodial parent of an infant counts toward the time limits that apply to how long
an individual may receive certain benefits regardless of when the child was born in
relation to when the individual was first determined to be eligible for W-2, unless
the child was conceived as a result of sexual assault or incest. Receipt of a monthly
grant as an unmarried pregnant woman, however, does not count toward the time
limits.
This bill makes a number of changes to W-2, including the following:
1. Eliminating the limits on the lengths of time during which a participant may
participate in a particular type of employment position, but retaining the overall
lifetime limit for participation of 60 months.
2. Removing the specifications on the number of hours a participant in a
community service job placement or a transitional placement may be required to
engage in certain job-related activities and educational or training activities, but
retaining an overall requirement of not more than 40 hours per week.
3. Requiring DCF to specify guidelines for determining when a participant is
demonstrating a refusal to participate.
4. Providing that a W-2 participant who refuses to participate is ineligible for
W-2 for three months. Under current law, a W-2 participant who refuses to
participate three times is ineligible to participate in that employment position.
5. Eliminating the Learnfare Program, which subjected individuals who failed
to meet certain school attendance requirements to sanctions, and requiring W-2
agencies to provide information and services aimed at connecting W-2 participants,
youth, and parents with their communities, their schools, employers, workforce
development programs, child care providers, and other resources.
Currently under W-2, an individual who is the parent of a child under the age
of 13 or, if the child is disabled, under the age of 19, may receive a child care subsidy
if the individual needs child care services to participate in various educational or
work activities and satisfies other eligibility criteria. A W-2 agency determines an
individual's eligibility for a child care subsidy and then refers the individual to a
county department of social services or human services (county department) for local
administration of child care assistance, including determining the amount of the
copayment for child care that the individual must pay, providing a voucher for
payment of child care services, and assisting individuals to identify child care
providers and select appropriate child care arrangements.
This bill authorizes DCF to contract with a county department, W-2 agency,
child care resource and referral agency, or other agency to determine eligibility for
a child subsidy of individuals who reside in a particular geographic region or who are
members of a particular Indian tribal unit and to administer child care assistance
at the local level.
Current law provides that the cost to administer the program may not exceed
5 percent of the total distributed in the current year for child care services, 5 percent
of the total distributed in the previous year for child care services, or $20,000,
whichever is greatest. This bill requires the department to allocate at least $20,000
per year to each contract for administrative responsibilities for each geographic
region or Indian tribal unit.
This bill requires court-ordered child or family support received by an
applicant or recipient under the W-2 child care subsidy program to be included in
income for determining child care copayment amounts and financial eligibility for a
child care subsidy.
This bill authorizes DCF to do any of the following to reduce costs under the
W-2 child care subsidy program:
1. Increase the copayments that individuals who receive a subsidy pay by up
to 10 percent.
2. Implement a waiting list.
The bill also requires DCF to implement, effective January 1, 2010, an
attendance-based rate structure for child care provider reimbursements and to
increase copayments paid by individuals who receive a child care subsidy to reduce
costs under the child care subsidy program by $1,520,000 in fiscal year 2009-10 and
by $4,200,000 in fiscal year 2010-11.
