2011 Wisconsin Act 32

49.148 (1m) (c) (intro.) For purposes of the time limit limits under s. ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b), and (5) (b) 2., all of the following apply:

32,1363 Section 1363. 49.148 (4) (b) of the statutes is amended to read:

49.148 (4) (b) The Wisconsin Works agency may require an individual who tests positive for use of a controlled substance under par. (a) to participate in a drug abuse evaluation, assessment, and treatment program as part of the participation requirement under s. 49.147 (4) (a) and (am) (as) or (5) (b) and (bm) (bs).

32,1364 Section 1364. 49.151 (1) (b) of the statutes is amended to read:

49.151 (1) (b) The participant, or an individual who is in the participant's Wisconsin 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 agency, to appear for an interview with a prospective employer or, if the participant is in a Wisconsin Works transitional placement, the participant fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1m. to 4. 1. a. to d., without good cause, as determined by the Wisconsin Works agency.

32,1365 Section 1365. 49.1515 (title) of the statutes is amended to read:

49.1515 (title) Determining nonparticipation without good cause.

32,1366 Section 1366. 49.1515 (2) of the statutes is repealed.

32,1367 Section 1367. 49.1515 (3) of the statutes is repealed.

32,1367c Section 1367c. 49.152 (1) of the statutes is amended to read:

49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin works Works is not acted upon by the Wisconsin works Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or, that the employment position in which the individual was placed is inappropriate, or that providing case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position is inappropriate, may petition the Wisconsin works Works agency for a review of such action. Review is unavailable if the action by the Wisconsin works Works agency occurred more than 45 days prior to submission of the petition for review.

32,1367e Section 1367e. 49.152 (3) (a) of the statutes is amended to read:

49.152 (3) (a) If, following review under sub. (2), the Wisconsin works Works agency or the department determines that an individual, whose application for a Wisconsin works Works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works Works employment position or inappropriately provided case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position, the Wisconsin works Works agency shall place the individual in the first available Wisconsin works Works employment position that is appropriate for that individual, as determined by the Wisconsin works Works agency or the department. An individual who is placed in a Wisconsin works Works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

32,1368 Section 1368. 49.153 (1) (am) of the statutes is repealed.

32,1369 Section 1369. 49.153 (1) (bm) of the statutes is renumbered 49.153 (1) (a) and amended to read:

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

32,1370 Section 1370. 49.153 (1) (c) of the statutes is amended to read:

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

32,1371 Section 1371. 49.153 (2) of the statutes is amended to read:

49.153 (2) Rules. The department shall promulgate rules that establish procedures for the notice and explanation under sub. (1) (a) and that define " reasonable attempts" for the purpose of sub. (1) (am) and "reasonable time" for the purpose of sub. (1) (c).

32,1373 Section 1373. 49.155 (1g) (ac) of the statutes is amended to read:

49.155 (1g) (ac) A child care scholarship and bonus program, in the amount of at least $3,475,000 $3,975,000 per fiscal year.

32,1374 Section 1374. 49.155 (1g) (c) of the statutes is amended to read:

49.155 (1g) (c) Child care licensing activities, in the amount of at least $5,763,900 $8,767,000 per fiscal year.

32,1375 Section 1375. 49.155 (1g) (g) of the statutes is created to read:

49.155 (1g) (g) Contracts and grants to implement the child care quality rating system under s. 48.659.

32,1376 Section 1376. 49.155 (1h) of the statutes is repealed.

32,1376n Section 1376n. 49.155 (1m) (a) 1m. b. of the statutes is amended to read:

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 licensed under s. 48.62, a subsidized guardianship home under s. 48.62 (5) 48.623, a group home, or an independent living arrangement supervised by an adult.

32,1377e Section 1377e. 49.155 (1m) (bm) of the statutes is amended to read:

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) 48.623, or if the individual is a foster parent, and child care is needed for that child, the child meets the requirement under s. 49.145 (2) (c).

32,1377f Section 1377f. 49.155 (1m) (c) 1g. of the statutes is amended to read:

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) 48.623, 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 department or county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual, if those support payments exceed $1,250 per month, and income described under s. 49.145 (3) (b) 1. and 3.

32,1378c Section 1378c. 49.155 (3m) (d) of the statutes is renumbered 49.155 (3m) (d) 1. and amended to read:

49.155 (3m) (d) 1. 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 is the parent of the child or who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

32,1378d Section 1378d. 49.155 (3m) (d) 2., 3. and 4. of the statutes are created to read:

49.155 (3m) (d) 2. If a child's parent is a child care provider, no funds distributed under par. (a) may be used for child care services that are provided for the child by another child care provider who is not the child's parent.

3. Subdivision 1. or 2. does not apply if the child's parent has applied for, and been granted, a waiver of the prohibition under subd. 1. or 2. by the county department or agency or by the department.

4. The department shall by rule specify the circumstances, or standards for determining the circumstances, under which the department will grant a waiver under subd. 3.

32,1378g Section 1378g. 49.155 (4) of the statutes is renumbered 49.155 (4) (a).

32,1378h Section 1378h. 49.155 (4) (b) of the statutes is created to read:

49.155 (4) (b) 1. Except as provided in subd. 2., no eligible individual may benefit personally from any marketing or promotional offerings made by a child care provider to attract clients or increase business.

2. Subdivision 1. does not apply to marketing or promotional offerings that directly benefit an eligible individual's child for whom the child care provider is providing child care services.

32,1379 Section 1379. 49.155 (6) (e) of the statutes is renumbered 49.155 (6) (e) 2. and amended to read:

49.155 (6) (e) 2. The Except as provided in subd. 3., the department may not increase the maximum reimbursement rates for child care providers in 2009, in 2010, or before June 30 in 2011, 2013.

32,1380 Section 1380. 49.155 (6) (e) 1. of the statutes is created to read:

49.155 (6) (e) 1. In this paragraph, "quality rating plan" means the plan for implementing the child care quality rating system under s. 48.659 submitted by the department under 2009 Wisconsin Act 28, section 9108 (7f).

32,1381 Section 1381. 49.155 (6) (e) 3. of the statutes is created to read:

49.155 (6) (e) 3. Beginning on July 1, 2012, the department may modify a child care provider's reimbursement rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

a. For a child care provider who receives a 1-star rating, the department shall deny reimbursement.

b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement rate by up to 5 percent.

c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum reimbursement rate.

d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement rate by up to 5 percent.

e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent, except that beginning on January 1, 2013, the department may increase the maximum reimbursement rate for such a child care provider by up to 25 percent.

32,1382 Section 1382. 49.155 (6) (e) 4. of the statutes is created to read:

49.155 (6) (e) 4. The department may use a severity-index tool, as described in the quality rating plan, to disqualify child care providers who receive a low quality rating, as described in the quality rating plan, from receiving payment under this section.

32,1382g Section 1382g. 49.155 (6) (e) 5. of the statutes is created to read:

49.155 (6) (e) 5. For purposes of modifying reimbursement rates under subd. 3., the department shall assign a child care provider that is accredited from the Council on Accreditation a 4-star rating or 5-star rating, whichever the department determines is appropriate.

32,1383 Section 1383. 49.155 (6d) of the statutes is created to read:

49.155 (6d) Cost-saving measures. (a) To reduce costs under the program under this section, the department may do any of the following:

1. Notwithstanding sub. (1m), implement a waiting list for receipt of a child care subsidy under this section, except that a Wisconsin Works program participant may not be placed on any waiting list implemented under this subdivision.

2. Notwithstanding sub. (5), increase the copayment amount that an individual must pay toward the cost of child care received under this section.

3. Notwithstanding sub. (6), adjust the amount of reimbursement paid to child care providers providing child care services under this section.

4. Notwithstanding sub. (1m), adjust the gross income levels for eligibility for receipt of a child care subsidy under this section.

(b) If the department intends to take any of the actions under par. (a), the department shall submit to the joint committee on finance a report that sets out its plan for implementing the cost-saving measures.

32,1384c Section 1384c. 49.159 (3) of the statutes is amended to read:

49.159 (3) Other custodial parents. A custodial parent in a Wisconsin works Works group in which the other custodial parent is a participant in a Wisconsin works Works employment position or is receiving case management services under s. 49.147 (2) (am) is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.

32,1385 Section 1385. 49.162 of the statutes, as affected by 2009 Wisconsin Act 333 and 2011 Wisconsin Act .... (this act) , is repealed.

32,1385c Section 1385c. 49.162 (3) (am) 5. of the statutes is created to read:

49.162 (3) (am) 5. Host sites for employing individuals or placing work crews under this section must be businesses that are operated for profit, except that in the case of a natural disaster for which the governor has declared a state of emergency under s. 323.10, the department shall give a preference to any work crew placement or host site involved in natural disaster recovery.

32,1386 Section 1386. 49.165 (2) (c) (intro.) of the statutes is amended to read:

49.165 (2) (c) (intro.) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:

32,1388 Section 1388. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1227, 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), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:

32,1389 Section 1389. 49.175 (1) (a) of the statutes is amended to read:

49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $49,139,400 $74,650,100 in fiscal year 2009-10 2011-12 and $51,229,600 $72,131,500 in fiscal year 2010-11 2012-13.

32,1390 Section 1390. 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, $8,247,000 $10,107,200 in fiscal year 2009-10 2011-12 and $8,247,000 $10,107,200 in fiscal year 2010-11 2012-13.

32,1391 Section 1391. 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 $47,229,300 in fiscal year 2009-10 2011-12 and $35,471,500 $47,229,300 in fiscal year 2010-11 2012-13.

32,1392 Section 1392. 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 and costs associated with the collection of public assistance overpayments, $16,985,900 in fiscal year 2009-10 and $17,091,700 $12,918,900 in each fiscal year 2010-11.

32,1393 Section 1393. 49.175 (1) (i) of the statutes is amended to read:

49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,500,000 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $6,200,000 in fiscal year 2009-10 2011-12 and $6,000,000 in fiscal year 2010-11 2012-13.

32,1393L Section 1393L. 49.175 (1) (L) of the statutes is created to read:

49.175 (1) (L) Transitional jobs demonstration project. For the transitional jobs demonstration project under s. 49.162, $12,000,000 in fiscal year 2011-12.

32,1394 Section 1394. 49.175 (1) (p) of the statutes is amended to read:

49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $384,987,600 $301,631,000 in fiscal year 2009-10 2011-12 and $402,496,800 $298,523,500 in fiscal year 2010-11 2012-13.

32,1395 Section 1395. 49.175 (1) (q) of the statutes is amended to read: